House of Lords Journal Volume 32: January 1768

DIE Mercurii, 20^o Januarii 1768.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Douglas et al. against D. of Hamilton et al.

The joint and several Answer of the Most Noble James Duke of Hamilton and others, to the Appeal of Archibald Douglas and others, was this Day brought in:

Dalrymple against Hunter et Ux.

Also, The Answer of Doctor James Hunter Physician, and his Wife, to the Appeal of Charles Dalrymple Esquire;

Sir J. Anstruther against Maxwell.

Also, The Answer of David Maxwell Esquire, to the Appeal of Sir John Anstruther Baronet:

E. of Donegall against L. Knapton.

And also, The Answer of the Right Honorable Thomas Lord Knapton in the Kingdom of Ireland, to the Appeal of the Right Honorable Arthur Chichester Earl of Donegall in the said Kingdom.

D. Gordon takes the Oaths,

Alexander Duke of Gordon took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Coventry Navigation Bill.

A Message was brought from the House of Commons by the Lord Beauchamp and others:

With a Bill, intituled, An Act for making and maintaining a navigable Canal from the City of Coventry to communicate, upon Fradley Heath in the County of Stafford, with a Canal now making between the Rivers Trent and Mersey; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Geddie and Mackintosh again It Dempster and Adamson.

Upon reading the Petition and Appeal of Robert Geddie junior, Merchant in the Burgh of Coupar in Fife, and a Baillie or Magistrate in the said Burgh for the Year ending upon the 7th Day of October last, and of Robert Mackintosh Esquire Advocate, nominated or chosen a Guild Counsellor of the said Burgh upon the said 7th Day of October last for the Year ensuing, and One of those put upon the Leet for the Office of Provost of the said Burgh at the Election of Magistrates that Day, and also a declared Candidate for being chosen to serve as Member of Parliament for the District of Burghs of which the said Burgh of Coupar is One, in the next Parliament of Great Britain, which, by the Laws and Constitution of the Kingdom, falls to be chosen in the Course of the Year between Michlmas last and Michlmas next, with the, Concourse of James Montgomery Esquire, His Majesty's Advocate for His Majesty's Interest, complaining of Two Interlocutors of a Court of Judiciary in Edinburgh of the 7th of December 1767, and also of another Interlocutor of the said Court of the 14th of December 1767; and praying, That the same may be reversed, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that George Dempster Esquire and Christianus Adamson may be required to "answer the said Appeal:

It is Ordered, That the said George Dempster and Christianus Adamson, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of February next; and Service of this Order upon any of the Counsel, Agents, or Solicitors of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

E. Sandwich and Viscount Hinchinbroke's. Petition referred to Judges.

Upon reading the Petition of the Right Honorable John Earl of Sandwich, and the Honorable John Montagu Esquire, commonly called Lord Viscount Hinchinbroke, his eldest Son and Heir Apparent, praying Leave to bring in a Bill for the Purposes in the Petition mentioned.

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Joliff's Petition referred to Judges.

Upon reading the Petition of William Tuffnell Joliff, praying Leave to bring in a Bill to enable the Petitioner to grant Building Leases of certain Demesne Lands in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Adams and Mr. Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition, and also that the Judges, having perused the Bill, do sign the same.

D. Bedford and Marchioness of Tavistock, Live for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of his Grace the Duke of Bedford, praying Leave to brine in a Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act to enable the Moll Noble John Duke of Bedford', and the Most Honorable Elizabeth Marchioness of Tavistock, and the Survivor of them, and such Person or Persons as they, or the Survivor of them, shall, by any peed or Writing, or by his or her lad Will and Testament, nominate or appoint, to make Leases of the real Estates, late of the Most Honorable Francis Ruffel called Marquis of Tavistock, deceased.

Fowler et al. against Boyter et An Petition for a Bye-day.

Upon reading the Petition of David Fowler and others, Appellants in a Cause depending in this House, wherein Andrew Boyter and others are Respondents; praying, In regard this being an Election Cause, that the same may be set down to be heard on Thursday the 28th Day of January next, or on such other early Bye-day as to their Lordships shall seem proper:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Fourth Day of February next.

Clerk against Mackye and Crawford.

Upon reading the Petition and Appeal of John Clerk Merchant in Glasgow, complaining of an Interlocutor of the Lords of Session in Scotland of the 14th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relies in the Premises, as to this. House, in their Lordships great Wisdom, shall seem just; and that John Ross Mackye and John Crawfurd, may be required to answer the said Appeal:

It is Ordered, That the said John Ross Mackye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of February next; and Service of this Order upon the said Respondents, or their known Agents in the said Court of Session in Scotland, s hall be deemed good Service.

Dalrymple against M'Kye and Crawford.

Upon reading the Petition and Appeal of Charles Dalrymple of Orangefield Esquire, complaining of an Interlocutor of the Lords of Session in Scotland of the 14th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Ross M'Kye and John Crawfurd, may be required to answer the said Appeal:

It is Ordered, That the said John Ross McKye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of February next; and Service of this. Order upon the said Respondents, or their known Agents in the said Court of Session in Scotland, shall be deemed good Service.

Bruce against Mackye and Crawford.

Upon reading the Petition and Appeal of Alexander Bruce Esquire, Advocate, complaining of an Interlocutor of the Lords of Session in Scotland of the 14th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Ross Mackye and John Crawfurd, may be required to answer the said Appeal:

It is Ordered, That the said John Rods Mackye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of February next; and Service of this Order upon the said Respondents, or upon their known Agents in the said Court of Session in Scotland, shall be deemed good Service.

Houston against M'Kye and Crawfurd.

Upon reading the Petition and Appeal of Alexander Houston of Jordanhill Esquire, complaining of an Interlocutor of the Lords of Session in Scotland of the 14th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises; as to this House, in their Lordships great Wisdom, shall seem just; and that John Ross M'Kye and John Crawfurd may be required to answer the said Appeal:

It is Ordered, That the said John Rose M'Kye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of February next; and Service of this Order upon the said Respondents, or upon their known Agents in the said Court of Session in Scotland, shall be deemed good Service.

Pulteney et al: against Sir John Gordon et al.

Upon reading the Petition and Appeal of William Pulteney Esquire, and Alexander Fraser of Culduthill, Freeholders Handing on the Roll and Commissioners of Supply in the County of Cromarty, and William Fraser of Belnain, a Commissioner of Supply in the said County, complaining of Two Interlocutors of the Lords of Session in Scotland of the 17th and 24th of December 1767; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that Sir John Gordon of Newhall Baronet, William Gordon of Newhall, Sir Alexander Mackenzie of Gerloch Baronet, Alexander Law younger of Elphinstone, David Ross of Priesthill, John Gordon of Carroll, Mr. Robert Blair Advocate, James Hay Writer in Edinburgh, John Mackintosh of Dalmunzie, Mr. Robert Mackintosh Advocate, George Graham of Drynie, Colin Graham younger thereof, Leonard Urquhart Writer to the Signet, William Urquhart Writer in Edinburgh, John Gorry Commissary of Ross, and David Ross Writer in Edinburgh, or such of them as were Parties to the Suit in the Court below, may be required to answer the said Appeal:

It is Ordered, That the said Sir John Gordon, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 17th Day of February next; and Service of this Order upon the said Respondents, or upon their known Agents or Solicitors in the said Court of Session in Scotland, sh all be deemed good Service.

Droitwich Navigation Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for making and maintaining a Navigable Cut or Canal from the River Severn, at or near a Place called Hawford in the Parish of Claines, in the County of Worcester, to or near a Place called Chapel Bridge," within the Borough of Droitwich in the said County.

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet on Tuesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Yorke, Leave for a Bill.

Upon reading the Petition of the Honourable and Reverend James Yorke, Dean of the Cathedral Church of Lincoln, and Mary his Wife, for and on Behalf of themselves and their Infant Children, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr: Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Smith and Payne against Hautorth.

Upon reading the Petition of Abel Smith and Reyne Payne, Defendants in a Writ of Error depending in this House, wherein John Hanforth is Plaintiff;

West against Bird.

Also, Upon reading the Petition of Frances West Widow, Defendant in a Writ of Error depending in this House, wherein Thomas Bird is Plaintiff;

Norman against Dennis.

And also, Upon reading the Petition of James Norman Esquire, Defendant in a Writ of Error depending in this House, wherein George Dennis Gentleman is Plaintiff; setting forth, That the said Writs of Error were brought merely for Delay, and therefore praying, That the same may be Non-prosd, with such Costs as to the House shall seem meet:

Writs of Error Non-prossed, with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros on the said Writs of Error, as desired; and that the Records be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House:

And it is further Ordered, That the Plaintiffs in Error do pay, or cause to be paid, to the said Defendants, the Sum of Twenty Pounds each for their Costs, by reason of the Delay of the Execution of the said Judgment.

Respondents peremptorily to answer Brown's Appeal.

The House being informed, That David Fowler, and others, Respondents to the Appeal of William Brown, Land Labourer of Kilkenny, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of James Hardie, Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week;

Respondents peremptorily to answer Sir John Gordon's Appeal.

The House being also informed, That Patrick Lord Ellibank, and others; Respondents to the Appeal of Sir John Gordon of Invergordon Baronet, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of John Rose, Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Sir John Anstruther against Maxwell.

The House being moved, That a Day may be appointed for hearing the Cause wherein Sir John Anstruther Baronet is Appellant, and William Maxwell is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Dalrymple against Hunter.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Charles Dalrymple Esquire is Appellant, and Dri James Hunter Physician is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Whitehurst et Uz. Petition referred to Judges.

Upon reading the Petition of the Reverend Thomas Whitehurst Clerk, and Sarah his Wife, for and on Behalf of themselves, and their Instant Children; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Clive, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same:

Hawkins's Petition. referred to Judges.

Upon reading the Petition of Ann Hawkins Widow, on Behalf of her Two Infant Children, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Clive and Mr. Justice Bathurst, who arc forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State Of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having pernsed the Bill, do sign the same.

Pleadings proved in Two Causes.

The House being informed, That Walter Sweetman attended in order to deliver in Copies of certain Pleadings and Proceedings in Two Causes depending in this House; in the first of which, Richard Keily is Appellant, and John Fowler is Respondent; and in the other Sir Oliver Crofton Baronet is Appellant, and Robert Connor is Respondent:

He was called in; and delivered the same at the Bar, and attested upon Oath, they were true Copies, he having examined them with the Originals in the proper Offices in Ireland.

And then he withdrew.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 21^o Januarii 1768.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Heatley & al. against Cairncross.

The Answer of William Heatley, and others, to the Appeal of Hugh Cairncross, was this Day brought in.

Keily against Fowler.

Ordered, That the Judges do attend this House Tomorrow, upon the hearing of the Cause wherein Richard Keily, and others, are Appellants, and John Fowler is Respondent.

Dr Brooke's Divorce Bill.

The Order of the Day being read for the Second reading of the Bill, intituled, An Act to dissolve the Marriage of Thomas Brooke Doctor in Physic, with Harriet Nelthorpe his now Wife, and to enable him to marry again; and for other Purposes therein mentioned; and for hearing Counsel for and against the same:

Counsel was accordingly called in:

And Mr. Dunning appearing as Counsel for the Bill; but no Counsel appearing in Behalf of Mrs. Brooke against it:

Thomas Wyldman was called, in order to prove Service of the Order; who, being sworn, acquainted the House, That he served Mrs. Brooke personally with the Order of the House, for the Second reading of the Bill, at Mrs. Saunderson's in Oxendon Street in the Haymarket, and at the same Time delivered to her a true Copy of the Bill.

And then he was directed to withdraw.

Then the said Bill was read a Second Time.

And the Counsel was heard in Support of the Bill, and to make out the Truth of the Allegations thereof; and, in order to prove the Marriage, called,

Alethea Galabin; who, being sworn, acquainted the House, That she has known Mr. and Mrs. Brooke for many Years, and was present at their Marriage in May Fair Chapel, in the Year 1747; and that they lived together as Man and Wife.

She was directed to withdraw.

And Elizabeth Coplestone was called in; and being sworn, acquainted the House, That some Time in the Month of May 1765, a Gentleman, who then went by the Name of John Carter, came to her House in Long's Court, in the Parish of Saint Martin in the Fields, and took the First Floor for himself and his Wife, as he then told her; and that in about Three or Four Days after he came, accompanied by a Lady, whom he called his Wife, and whom he introduced to her as such, and took Possession of the said Lodgings, and kept them for the Space of Nine Months, and during that Time came there occasionally, sometimes Once a Week, and sometimes oftener, and were frequently alone together for several Hours; that the said Lady never lay in her House, till within the last Fortnight of the said Ninth Month, during which Time she lived and slept entirely in her House, and the said Gentleman, during that Time, lay there about Four Nights; that they went by the Name of Mr. and Mrs. Carter, and as Man and Wife lay naked and alone, in One and the same Bed together, as she verify believes, by reason there was but One Bed in the Room where they lay; that in about a Week or a Fortnight after they had quitted her Lodgings, a Gentleman came to her, whom she did not then know, but whom she since knows to be Dr. Brooke, and desired her to go with him to fee a Gentleman and Lady, whom he suspected to be the Persons that lately lodged at her House; that she accordingly went with him to a Spunging House, situate in a Street near the Seven Dials, and was there shewn a Gentleman, whom she immediately knew to be the Person that had lodged in her House with the said Lady; that from thence she went to a House in York Buildings, and was shewn into a Room to a Lady, whom she immediately knew to be the Person that had lodged in her House with the said Gentleman, and that she was then told the Lady's Name was not Carter but Brooke, and that she was the Wife of Doctor Brooke a Physician, which she believes to be true, as the Lady did not deny the same, but seemed very sorry for what she had done.

She is directed to withdraw.

Then Robert Perreau, Apothecary, was called in; and, being sworn, acquainted the House, That he knows Doctor Brooke and his Lady; and that they lived together as Man and Wife; that on Wednesday the 9th of April 1766, being on a Visit to a Patient in Suffolk Street Charing Cross, the said Doctor Brooke, about Ten o'Clock at Night, came to him there, and told him that he had certain Information, that his Wife and One Mr. Hoare were in the House of Mr. Gibson of York Buildings, and desired him to go with him to the House of an Upholsterer (whose Name he thinks was Devonish); that he accordingly went with him, and that Doctor Brooke sent for the said Mr. Gibson there; and upon his coming, asked him if he knew the People he had in his House; to which he replied, that it was a Gentleman and a Lady, one Mr. Hoare and his Wife; that Doctor Brooke said, it was no such Thing, for it was his Wife, Mrs. Brooke, who was cohabiting with Mr. Hoare, and therefore desired Leave of Mr. Gibson to detect them together; which Mr. Gibson readily granted, and told him, that either he or his Wife (who was then also with him) would come and let them know when the said Mr. Hoare and Mrs. Brooke were in Bed together: That about Five o'Clock the next Morning, she accordingly sent Word they were then in Bed together; whereupon he, and the said Doctor Brooke, Mr. Ramsay, David Bell, and Thomas Collins, all went into the said Mr. Gibson's House, and up Stairs to the Chamber Door, wherein they were informed the said Mr. Hoare and the said Lady were; that the said Doctor Brooke Ordered the said David Bell and Thomas Collins to break open the said Door, which they accordingly did; and he, (fn. 1) the Witness, then saw the said Mr. Hoare come from the Bedside naked, all but his Shirt and Night Cap, as if he had just got out of Bed, and that he also saw the said Mrs. Brooke get out of Bed naked, all but her Shift and Night Cap, and that he verify believes they had been in Bed together.

He is directed to withdraw.

Then, Mark Holman was called in; and, being sworn, produced the Definitive Sentence of Divorce of the Bishop of London's Court, against the said Mrs. Brooke for Adultery.

And the same was read.

He was directed to withdraw.

Then, George Stubbs junior was called in; and, being sworn, produced a Copy of the Judgment given in the Court of Common Pleas, against the said Mr. Hoare, for Criminal Conversation with the said Mrs. Brooke.

And the same was read.

He was directed to withdraw.

And the Evidence being finished;

The Counsel was directed to withdraw.

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered. That the House be put into a Committee upon the said Bill Tomorrow.

Spencer against Skene & Douglas.

Upon reading the Petition and Appeal of John Spencer, Town Clerk of Brechin, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January, and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene and William Douglas, may be required to answer the said Appeal:

It is Ordered, That the said George Skene and William Douglas, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service:

Renny against Douglas & Miln.

Upon reading the Petition and Appeal of John Renny, Merchant in Arbroath, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Douglas and William Miln, may be required to answer the said Appeal:

It is Ordered, That the said William Douglas and William Miln, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Johnstone a gainst Skene' & Miln.

Upon reading the Petition and Appeal of Mr. George Johnston, of Clashmiln, Minister of the Gospel at Monikie, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That, the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene and William Miln, may be required to answer the said Appeal:

It is Ordered, That the said George Skene and William Miln, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Allardyce against Douglas & Hunter.

Upon reading the Petition and Appeal of David Allardyce, of Memus, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of an Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Douglas of Bridgetown, and Charles Hunter of Hunterhall, may be required to answer the said Appeal:

It is Ordered, That the said William Douglas and Charles Hunter, may have a Cony of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Smith against: Douglas & Wedderburn.

Upon reading the Petition and Appeal of John Smith junior, Merchant in Brechin, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of an Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Douglas and Robert Wedderburn, may be required to answer the said Appeal:

It is Ordered, That the said William Douglas and Robert Wedderburn, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Steward against Skene & Miln.

Upon reading the Petition and Appeal of James Steward, Writer to the Signet, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene and William Miln, may be required to answer the said Appeal:

It is Ordered, That the said George Skene and William Miln, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland shall be deemed good Service.

Aikman against Skene & Wedderburn.

Upon reading the Petition and Appeal of Doctor James Aikman, Physician in Montrose, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene and Robert Wedderburn, may be required to answer the said Appeal:

It is Ordered, That the said George Skene and Robert Wedderburn, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Ogilvie against Skene & Douglas.

Upon reading the Petition and Appeal of Doctor John Ogilvie, Physician in Forfar, complaining of an interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene, and William Douglas of Bridgetown, may be required to answer the said Appeal:

It is Ordered, That the said George Skene and William Douglas, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Ogilvie against Skene & Hunter.

Upon reading the Petition and Appeal of David Ogilvie, of Ascreavie, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene of Skene, and Charles Hunter of Hunterhall, may be required to answer the said Appeal:

It is Ordered, That the said George Skene and Charles Hunter, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Mudie against Ogilvie & Douglas.

Upon reading the Petition and Appeal of David Mudie, Merchant in Aberbrothock, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Walter Ogilvie and William Douglas, may be required to answer the said Appeal:

It is Ordered, That the said Walter Ogilvie and William Douglas, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Mollison against Skene & Wedderburn.

Upon reading the Petition and Appeal of David Mollison, Merchant in Brechin, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene and Robert Wedderburn, may be required to answer the said Appeal;

It is Ordered, That the said George Skene and Robert Wedderburn, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Brace against Ogilvie & Douglas.

Upon reading the Petition and Appeal of John Bruce, of Muirden, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and also of Part of another (fn. 2) Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Walter Ogilvie and William Douglas, may be required to answer the said Appeal:

It is Ordered, That the said Walter Ogilvie and William Douglas, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Kyd against Ogilvie & Skene.

Upon reading the Petition and Appeal of George Kyd, Merchant, in Aberbrohock, complaining of an Interlocutor of the Lords of Session in Scotland of the 14th Day of this instant January; and also of Part of another Interlocutor of the said Lords of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Walter Ogilvie and George Skene, may be required to answer the said Appeal:

It is Ordered, That the said Walter Ogilvie and George Skene, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Lyall against Skene & Miln.

Upon reading the Petition and Appeal of Alexander Lyall younger, of Garden, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene and William Miln; may be required to answer the said Appeal:

It is Ordered, That the said George Skene and William Miln, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Anderson against Skene & Douglas

Upon reading the Petition and Appeal of Mr. James Anderson Advocate, complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Skene and William Douglas, may be required to answer the said Appeal:

It is Ordered, That the said George Skene and William Douglas, may have a Copy of the said 'Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 18th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Wright's Petition referred to Judges.

Upon reading the Petition of John Wright, as Guardian of his Grand-daughter Mary Wright an Infant, praying Leave to bring in a Bill for Sale of the said Infant's Shares of her Estates and Premises in the. Petition mentioned; and for vesting the Money arising thereby to the same Uses as the said Shares are now subject to (fn. 3) :

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Smythe and Mr. Baron Perrott, who (fn. 4) are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Coventry Navigation Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act: for making and maintaining a navigable Canal from the City of Coventry, to communicate, upon Fradley Heath in the County of Stafford, with a Canal now making between the Rivers Trent and Mersey.

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please:

Bath Play-house Bill.

A Message was brought from the House of Commons, by Mr. Smith and others:

With a Bill, intituled, An Act to enable His Majesty to licence a Playhouse in the City of Bath; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

D. Bedford et Marchioness of Tavistock to grant Leases, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the most Noble John Duke of Bedford, and the most Honourable Elizabeth Marchioness of Tavistock, and the Survivor of them, and such Persons or Person as they, or the Survivor of them, shall, by any Deed or Writing, or by his or her last Will and Testament, nominate or appoint, to make Leases of the real Estates late of the most Honourable Francis Russell called Marquis of Tavistock, deceased.

Ordered. That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet on the same Day at the same Place; and to adjourn as they please.

Richardson against Richton,

Upon reading the Petition of Charles Richardson, Defendant in a Writ of Error depending in this House, wherein John Richton is Plaintiff; setting forth, That the said Writ of Error is brought merely for Delay; and therefore praying, That the same may be Non-pros'd, with such Costs as to the House shall seem meet:

With of Error Non-prosed with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Cairncross against Heatley.

The House being moved, That a Day may be appointed for hearing the Cause wherein Hugh Cairncross is Appellant, and William Heatley is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant. Day for Causes after those already appointed.

Importation of Salted Provisions from Ireland and America, Bill.

A Message was brought from the House of Commons by Mr. Paterson, and others:

With a Bill, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland for a limited Time, and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the Bill for Paul to take the Name of Saint Paul.

A Message was brought from the House of Commons by Mr. Edmondson, and others:

To return the Bill, intituled, An Act to enable Judith Paul, and her Issue, to use and take the Surname of Saint Paul; and to acquaint this House, that they have agreed to the same without any Amendment.

Message from H. C. to return the Bill for Arnold to take the Name of Wallinger.

A Message was brought from the House of Commons by Mr. Huske, and others:

To return the Bill, intituled, An Act for continuing, establishing, and confirming the Surname and Arms of Wallinger unto John Wallinger, formerly .called John Arnold, and his Issue, pursuant to the Will of John Wallinger, his late Uncle, deceased; and to acquaint this House, that they have agreed to the same without any Amendment.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Hitherto examined by us, the following Interlineations appearing,

Also, The Insertion of an Order upon the Appeal of Sir John Anstruther against Maxwell, and others, in Page 67, between the Line 17 and 18. upon a separate Leas marked 67^a

Moray.

John Bangor.

Scarsdale.

Die Veneris, 22^o Januarii 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Viscount Bolingbroke's Divorce Bill.

Upon reading the Petition of the Right Honourable Frederick Lord Viscount Bolingbroke, praying Leave to bring in a Bill to dissolve his Marriage with Lady Diana Spencer his now Wife, and to enable him to marry again:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Keily against Fowler.

After hearing Counsel in Part in the Cause wherein Richard Keily is Appellant, and John Fowler is Respondent:

It is Ordered, That the further hearing of the said Cause be adjourned till Monday next, and that the Judges do then attend; and that the Cause which Stands for Monday next be put off to Wednesday next, and that the rest of the Causes, on Cause Days, be removed in Course.

Bath Play-house Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable His Majesty to license a Playhouse in the City of Bath

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet on Monday next at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Meetkerke et al. for an Enclosure Bill.

Upon reading the Petition of Adolphus Meetkerke Esquire, Patron of the Rectory of Shipton upon Charwell, in the County of Oxford, and a Proprietor of Lands, and otherwise interested in several Open and Common Fields and Commonable Lands and Grounds in the Parish Shipton upon Charwell, in Behalf of himself and others, interested in the said Fields, Lands, and Grounds, praying Leave to bring in a Bill, for dividing and enclosing the said Lands and Grounds, in such Manner as to the House Shall seem meet:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Loughton. Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Lowndes and others:

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Parish of Loughton, in the County of Burks; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bridges Exemplification Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for exemplifying or enrolling an Indenture of Settlement of Elizabeth Bridges, and the Will and Codicils of Brooke Bridges Esquire, and making the same Evidence, as Well in Ireland as Great Britain" was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and made One Amendment thereto;

Which Amendment, being read Twice by the Clerk, was agreed to by the House;

Ordered, That the said Bill, with the Amendment, be engrossed;

Importation of Salted Provisions from Ireland and America, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time:

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee. upon the said Bill on Monday next.

Dr. Brooke's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to dissolve the Marriage of Thomas Brooke, Doctor in Physic, with Harriet Nelthorpe his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

After some Time the House was resumed:

And the Lord Delamer reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Adjourn

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum quintum diem instantis Januarii, hora undecima Auror, Dominis Sic decernentibus.

DIE Lun 25^o Januarii, 1768.

Domini tam Spirituales quam Temporales prfentes fuerunt

PRAYERS.

Macnamara against Cliffe.

The Answer of Robert Cliffe and Sarah Surman to the Appeal of John Macnamara Esquire, was this Day brought in.

Bath Playhouse Bill.

The Lord Botetourt reported from the Lords Committees, to whom the Bill, intituled, An Act to enable His Majesty to license a Playhouse in the City of Bath was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Geddie against Dempster, Appeal referred to Committee.

Ordered, That the Appeal, wherein Robert Geddie junior, Merchant, is Appellant, and George Dempster Esquire and Christianus Adamson are Respondents, be referred to the Lords following; who are appointed a Committee to consider thereof, and to report to the House, whether the same be properly brought.

Their Lordships, or any Five of them, to meet on Monday the 1st Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Kelly against Fowler.

Counsel (according to Order) were called in, to be further heard in the Cause wherein Richard Keily is Appellant, and John Fowler is Respondent:

And the Respondent's Second Counsel having been heard;

As also One Counsel for the Appellant, by way of Reply,

The Counsel were directed to withdraw.

Then the following Question was proposed to be put to the Judges, (videlicet),

Questions put to the Judges.

When are the Bequests over, in case his Daughter should die without Issue, to take Effect, according to the true Intent and Meaning of the Will of William Cronyn?

Whether upon her Death, and an indefinite Failure of Issue at any Time, or upon her Death without ever having had Issue; or upon her Death without Issue living at that Time, or upon her Death and Failure of Issue during the Lives of the Persons to whom the Bequests over are made, or any of them ?

The same was agreed to.

And the said Question was accordingly put to the Judges.

Whereupon the Judges desiring, That some Time might be allowed them to consider thereof:

Ordered, That the further Consideration of this Cause be adjourned till Monday next; and that the Judges do then attend, to deliver their Opinions upon the said Question.

Time limited for receiving Election Appeals from Scotland.

Ordered, That this House will not receive any Petition of Appeal relating to Elections in Scotland, after Monday the First Day of February next, during this Session.

E. Ferrers'Petition referred to Judges.

Upon reading the Petition of the Right Honorable Washington Earl Ferrers, praying Leave to bring in a Bill for the several Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott, who are forthwith to Summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges. having; perused the Bill, do sign the same.

Green's Petition referred to Judges.

Upon reading the Petition of William Green of Findon in the County of Sussex Esquire, for himself, and on Behalf of his Infant Son, praying Leave to bring in a Bill for vesting certain Estates in the said County in Trustees, for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justics. Clive and Mr. Justice Yeates, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Llyods Petition referred to the judges.

Upon reading the Petition of William Lloyd of Aston in the County of Salop Clerk, and Isabella Lloyd Spinister, praying Leave to bring in a Bill for vesting certain Parts of their Estates in Trustees to be sold, and for applying the Purchase Money for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and Is hereby referred to Mr. Baron Smythe and Mr. Baron Adams, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the ase, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same;

Writs of Error.

The Lord Mansfield Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Two Writs of Error;

In One of which,

Stephen against Gibson.

Thomas Stephen is Plaintiff, and Thomas Gibson is Defendant:

And in the other,

Bailley against Stephen.

William Bailley is Plaintiff, and Thomas Stephen is Defendant.

Waring et Ux. Petition referred to Judges.

Upon reading the Petition of Walter Waring and Hannah his Wife, praying Leave to bring in a Bill, for the several Purposes in, the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Give and Mr. Justice Yeates, who are forthwith to Summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Sutherland's Petition to His Majesty, claiming the Earldom of Sutherland, & c.

The, Lord Viscount Weymouth (by His Majesty's Command) presented to the House a Petition of George Sutherland of Forse Esquire to His Majesty, claiming the Titles, Honours, and Dignities of Earl of Sutherland, &c. with His Majesty's Reference thereof to this House.

Which Petition and Reference were read by the Clerk, and are as follow; videlicet,

To the King's most Excellent Majesty.

The humble Petition of George Sutherland of Forse Esquire,

Sheweth,

That William Earl of Sutherland died towards the End of the Thirteenth Century, leaving a Son Robert, the Heir of His Titles and Estate, (who had Issue Male), and a younger Son Kenneth (who also had Issue Male), and your Petitioner is the Luteal Male Descendant of the said Kenneth:

That from the said Robert Earl of Sutherland the Peerage of this Family descended, and was enjoyed in a direct & Male Line, from Father to Son, till it came to John Earl of Sutherland, who died without Issue in the Year 1514, when the Family Estate was claimed and taken by his Sifter Elizabeth, who intermarried with Adam Gordon, a younger Son of Gordon Earl of Huntley:

That the said Elizabeth, some Time after the Decease of her Brother the said John Earl of Sutherland, assumed the Title of Countess of Sutherland, and the said Adam Gordon her Husband, took the. Title of Earl of Sutherland and Lord or Baron of Strathnaver; by or under what particular Right or Authority is to your Petitioner as yet unknown; but he conjectures the said Elizabeth assumed the. Titles and Honours of the Family in Prejudice of the Heirs Male, upon the Ground that she, though a Female, being possessed of the Estate, Was entitled to the Honours also; and the said Adam Gordon her Husband, in Right of his said Wife, assumed the said Honours and Dignities in virtue of the Courtesy of Scotland; and the said Elizabeth and her said Husband being succeeded by Alexander Gordon their eldest Son and Heir, the Succession both in the Honours and Estate, was carried on downwards, from the said Alexander by Males in this Gordon Race from Father to Son, till it came to the late William Earl of, Sutherland, who died in the Year 1766, leaving Issue only One Daughter Elizabeth

That, at the Time of the Death of the above named John Earl of Sutherland in 1514, the nearest Heir Male then existing of the ancient Race of Earls of Sutherland, was by Law entitled to claim the Peerage in Opposition to the above named Elizabeth the Heir Female; but the Male Descendants of the above named Kenneth, the younger Son of William Earl of Sutherland, first above named, not being at the Time of the Decease of the said John Earl of Sutherland in 1514, the nearest Branch of Heirs Male existing and entitled, did not, and could not claim: But now, after the Extinction of all the nearer Male Descendants of the said ancient Race of Earls of Sutherland, your Petitioner, the nearest lawful Male Descendant of the above named Kenneth, the younger Son of William Earl of Sutherland, first above named, being the true and sole Heir Male of the said ancient Race of Earls; and being advised, and humbly conceiving, that the Right of succeeding to the Titles, Honours and Dignities of Earl of Sutherland, and Lord or Baron of Strathnaver, and such other Honours and Dignities as belong, to the Family are, in Law and Justice, cast upon your Petitioner, as being the true and sole Heir Male of the said ancient Race of Earls of Sutherland.

Your Petitioner therefore humbly prays Your most Excellent Majesty will be graciously pleased to establish and declare, That the Right of Succession in and to the said Titles Honours, and Dignities of Earl of Sutherland, and Lord or Baron of Strathnaver and such other Honours and Dignities as are in the Family, do belong to, and may be enjoyed by your Petitioner, and his Heirs Male.

And Your Petitioner shall ever pray;

St. James's, Janry. 25th 1768.

His Majesty being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

WEYMOUTH.

Ordered, That the said Petition and Reference be referred to the Consideration of the Lords Committees for Privileges, to whom the Petition of Sir Robert Gordon Baronet, and also the Petition of Elizabeth(claiming the Dignity of) Countess of Sutherland, claiming the same Titles, &c. stands referred:

Ordered, That Notice thereof be given to His Majesty's Attorney General, and His Majesty's Advocate for Scotland.

Bridges Exemplification Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for exemplifying or enrolling an Indenture of Settlement of Elizabeth Bridges, and the Will and Codicils of Brooke Bridges Esquire, and for making the same Evidence as well in Ireland as Great Britain

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Montagu:

To carry down the said Bill, and desire their Concurrence thereto.

Loughton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Parish of Loughton in the County of Bucks.

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed;

Their Lordships, or any Five of them, to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.

Dr. Brooke's Divorce Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to dissolve the Marriage of Thomas Brooke Doctor in Physic, with Harriet Nelthorpe his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the former Messengers:

To carry down the said Bill, and desire their Concurrence thereto.

Fitzroy et Ux Petition referred to Judges.

Upon reading the Petition of Charles Fitzroy Esquire, and Ann his Wife, on Behalf of themselves and their Infant Children, praying Leave to bring in a Bill for the several Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Yeates, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Daly's Petition for a Divorce Bill.

Upon reading the Petition of Charles Daly of Lough rea in the County of Galway in Ireland, praying Leave to bring in a Bill to dissolve his Marriage with Anastatia Daly his now Wife, and to enable him to marry again:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Long's Petition referred to Judges.

Upon reading the Petition of Beeston Long Esquire, praying Leave to bring in a Bill for Sale of his Freehold Estate at Farnhill, and for applying the Money arising thereby for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and Mr. Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Palmes Petition referred to Judges.

Upon reading the Petition of George Palmes of Naburn in the County of York, Esquire, and John Palmes of Naburn aforesaid, Gentleman, praying Leave to bring in a Bill to enable the said George Palmes to raise a certain Sum of Money by Mortgage or Sale of a competent Part of his settled Estates, for the Payment of Debts, and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Adams and Mr. Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Importation of Salted Provisions from Ireland and America, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act to continue and amend an Act made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.

After some Time the House was resumed.

And the Lord Delamer reported from the Committee: That they had gone through the Bill, and directed him to report the same to the House,. without any Amendment.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum sextum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Martis, 26^o Januarii 1768.

Domini tam Spirituales quam Temporales prsens fuerunt:

PRAYERS;

East India Dividend Bill.

A Message was brought from the House of Commons, by Mr. Rose Fuller and others:

With a Bill, intituled, An Act for further regulating the Proceedings of the United Company of Merchants of England trading to the East Indies, with respect to the making of Dividends: To which they desire the Concurrence of this House.

E. Pomfret's Petition refer red to Judges.

Upon reading the Petition of the Right Honorable George Earl of Pomfret, praying Leave to bring in a Bill for enabling and empowering the Mayor, Commonalty and Citizens of the City of London, to sell and convey the Lordship and Manor of Oxenford, with the Messuages, Lands and Hereditaments thereto belonging, to the Petitioner, and for applying the Purchase Money for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Clive, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Droitwich Navigation Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for making and maintaining a Navigable Cut or Canal from the River Severn, at or near a Place called Hawford, in the Parish of Claines in the County of Worcester, to or near a Place called Chapel Bridge, within the Borough of Droitwich in the said County," was committed: " That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Imhoff's Naturalization Bill.

The Lord Delamer made the like Report from the Lords Committees, to whom the Bill, intituled, An

Act for naturalizing David Peyer Imhoff, was committed.

East India Dividend Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for further regulating the Proceedings of the United Company of Merchants of England trading to the East Indies, with respect to the making of Dividends.

Ordered, That the said Bill be read a Second Time on Friday next, and the Lords summoned.

Cotton's Petition referred to Judges.

Upon reading the Petition of John Hart Cotton ofWarfield in the County of Bucks, Esquire, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice rates, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether, all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Walker's Petition referred to Judges.

Upon reading the Petition of John Walker of Comption Bassett in the County of Wilts, Esquire, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Clive, and Mr. Justice rates, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Nelthorpe's Petition referred to Judges.

Upon reading the Petition of George Nelthhope of Seacroft Hall in the County of York, Esquire, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Baron Smythe, and Mr. Baron Adams, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. Harrington's Petition referred to Judges.

Upon reading the Petition of William Earl of Harrington and Carolina Countess of Harrington, for themselves and on the behalf of their Infant Children, praying Leave to bring in a Bill for rectifying a Mistake in a Settlement made on the Marriage of the Petitioners:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Yeates, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under. their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the judges, having perused the Bill, do sign the same.

Rector of Willey et al. Petition for an Enclosure Bill.

Upon reading the Petition of the Rector of the Parish church of Willey, in the County of Warwick, and others whose Names are thereunto subscribed, on behalf of themselves and the rest of the Owners and Proprietors of Lands and Estates in the Open and Common Fields, and Commonable Places of Willey aforesaid, praying Leave to bring in a Bill for dividing and enclosing the said Fields and Commonable Places, in such Manner as to the House shall seem meet;

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Father et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Mrs. Fisher and others, praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting several undivided Parts of divers Baronies, Lands and Hereditaments, late the Estate of Brice Fisher Esquire, deceased, situate in the Provinces of South Carolina and Georgia in America, in Trustees, to be sold, discharged of the Uses of the Will of the said Brice Fisher; and for vesting the Money arising by such Sale in the Purchase of Lands and Hereditaments, in that Part of Great Britain called England, to be settled to the Uses of the said Will.

Reid against Douglas.

Upon reading the Petition and Appeal of Captain Alexander Reid of Logie, complaining of an Interlocutor of the Lords of Session in Scotland, of the 22d Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their that William Douglas of Bridgetown may be required to answer the said Appeal:

It is Ordered, That the said William Douglas may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 21st Day of February next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents, before the said Court of Session in Scotland, shall be deemed good Service.

Elphinstone against Douglas & Mill.

Upon reading the Petition and Appeal of Alexander Elphinstone of Glack, complaining of an Interlocutor of the Lords of session in Scotland of the 22d Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that William Douglas of Bridgetown, and William Mill of Bonnytown, may be required to answer the said Appeal:

It is Ordered, That the said William Douglas and William Mill, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Tuesday the 21st Day of February next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents before the said Court of Session in Scotland, shall be deemed good Service.

Bath Playhouse Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable His Majesty to license a Playhouse in the City of Bath.

The Question. was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Importation of Salted Provisions from Ireland and America, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time."

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Message to H. C that the Lords have agreed to the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Montagu:

To acquaint them, that the Lords have agreed to the said Bills., without any Amendment.

Spottiswoode to enter into Recognizance on Clerk's Appeal;

The House being moved, That John Spottiswoode of the Inner Temple, Gentleman, may be per mitted to enter into a Recognizance for, John Clerk, on account of his Appeal depending in this House, he living in Scotland;

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

and on Bruce's Appeal

The House being moved, That John Spottiswoode of the Inner Temple, Gentleman, may be permitted to enter into a Recognizance for Alexander Bruce Esquire, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

and on Dalrymple's Appeal

The House being moved, That John Spottiswoode of the Inner Temple, Gentleman, may be permitted to enter into a Recognizance for Charles Dalrymple Esquire, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

and on Houston's Appeal

The House being moved, That John Spottiswoode of the Inner Temple, Gentleman, may be permitted to enter into a Recognizance for Alexander Houston Esquire, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

Rempstone Enclosure Bill.

A Message was brought. from the House of Commons, by Mr. Hewitt and others:

With a Bill, intituled, An Act for dividing and enclosing several Open Fields, and Commons, within the Lordship or Liberty of Rempstone, in the County of Nottingham; to which they desire the Concurrence of this House.

Worcester, &c. Road Bill.

Message was brought from the House of Commons, by Mr. Staunton and others:

With a Bill, intituled, An Act to continue the Terms, and enlarge the Powers, of several Act of the Twelfth of Queen Anne, the Twelfth of King George the First, and the Twenty-second of His late Majesty, for repairing the Road from the City of Worcester, through Droitwich to Bromsgrove, and other Roads therein mentioned; and to repeal an Act of the Twenty-eighth Year of His late Majesty, for repairing the Roads lying in and leading from Droitwich aforesaid, and for amending the several Roads which were directed to be repaired by the said Act; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Resolution of East India Company to be laid before the House.

Ordered, That the proper Officer do lay before this House, Copy of the Resolution of the General Court of the East India Company of the 13th Day of this instant January.

Pleadings proved in Two Causes.

The House being informed, That William Costello attended, in order to deliver in Copies of certain Pleadings and Proceedings in Two Causes depending in this House; in the First of which, Doctor Delany is Appellant, and Alice Tenison Widow is Respondent; and, in the last, John Lodge is Appellant, and William Mdnsergh is Respondent:

He was called in; and delivered the same at the Bar, and attested upon Oath, they were true Copies, he having examined them with the Originals, in the proper Offices in Ireland.

And then he withdrew.

Adjourn.

Dominus Cancellarius declarant prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 27^o Januarii 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Prayers.

Skene and Douglas against Spencer.

The Answer of George Skene and William Douglas, to the Appeal of John Spence of Brechin, was this Day brought in.

Douglas & Mill against Renny.

Also, The Answer of William Douglas of Bridgetown, and William Mill of Bonnytown, to the Appeal of John Renny Merchant in Arbroath:

Skene and Miln against Johnston.

Also, The Answer of George Skene of Skene, and William Miln of Bonnytown, to the Appeal of Mr. George Johnston of Clashmiln:

Douglas and Hunter against Allardyce.

Also, The Answer of William Douglas of Bridgetown, and Charles Hunter of Hunterhall, to the Appeal of David Allardice of Memus:

Douglas and Wedderburn against Smith.

Also, The Answer of William Douglas of Bridgetown, and Robert Wedderburn of Persie, to the Appeal of John Smith Merchant in Brechin:

Skene and Miln against Aikman.

Also, The Answer of George Skene of Skene, and William Miln of Bonnytown, to the Appeal of Doctor James Aickman Physician in Montrose:

Skene and Miln against Steward.

Also, The Answer of George Skene of Skene, and William Miln, to the Appeal of James Steward, Writer to the Signet i

Skene and Douglas against Ogilvie.

Also, The Answer dof George Skene of Skene, and William Douglas of Bridgetown, to the Appeal of Doctor John Ogilvie Physician in Forfar:

Skene and Hunter against Ogilvie.

Also, The Answer of George Skene of Skene, and Charles Hunter of Hunterhall, to the Appeal of David Ogilvie of Ascreavie: ?

Ogilvie and Douglas against Mudie's Appeal.

Also; The Answer of Mr; Walter Ogilvie, and William Douglas of Bridgetown, to the Appeal of David Mudie in Aberbrothock:

Skene and Wedderburn against Malison.

Also, The Answer of George Scene of Scene, and Robert Wedderburn of Persia, to the Appeal of David Mollison in Brechin:

Ogilvie and Douglas against Bruce.

Also, The Answer of Mr. Walter Ogilvie of Clova, and William Douglas of Bridgetown, to the Appeal of John Bruce of Muirden:

Ogilvie and Skene against Kyd.

Also, The Answer of Mr. Walter Ogilvie of Clova, and George Skene of Skene, to the Appeal of George Kyd Merchant in Aberbrothock:

Skene and Miln against Lyall.

Also, The Answer of George Skene of Skene, and William Miln, to the Appeal of Alexander Lyall younger of Garden:

Skene and Douglas against Anderson.

And also, The Answer of George Skene of Skene, and William Douglas of Bridgetown, to the Appeal of Mr. James Anderson, Advocate.

Coventry Navigation Bill.

The Lord Delamer reported from the Lords Committees, to whom the Bill, intituled, An Act for making and maintaining a navigable Canal from the City of Coventry, to communicate, upon Fradley Heath, in the County of Stafford, with a Canal now making between the Rivers Trent and Mersey," was committed: " That they had considered the said Bill, and examined the Allegations thereof, which were found to be .true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Loughton Enclosure Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Parish of Loughtont in the County of Bucks, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

E. Lincoln against Allen.

After hearing Counsel in Part in the Cause where in Henry Earl of Lincoln is Appellant, and Poulton Allen Esquire is Respondent:

It is Ordered, That the further hearing of the said Cause be adjourned till Tomorrow.

Droitwich Navigation Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for making and maintaining a navigable Cut or Canal from the River Severn, at or near a Place called Hawford, in the Parish of Claines, in the County of Worcester, to or near a Place called Chapel Bridge, within the Borough of Droitwich, in the said County.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Imhoff's Naturalization Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing David Peyer Imhoff

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. that the Lords Have agreed to the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Hosford and Mr. Graves:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Worcester, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to continue the Terms and enlarge ,the Powers of several Acts of the Twelfth of Queen Ann, the Twelfth of King George the First, and the Twenty-second of His late Majesty, for repairing the Road from the City of Worcester, through Droitwich to Bromsgrove, and other Roads therein mentioned; and to repeal an Act of the Twenty-eighth Year of His late Majesty, for repairing the Roads lying in, and leading from Droitwich aforesaid; and for amending the several Roads which were directed to be repaired by the said Act.

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet Tomorrow at Ten oClock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Sir Thomas Gape et Ux. Petition referred to Judges.

Upon reading the Petition of Sir Thomas Gage of Coldbam in the County of Suffolk, Baronet, and Dame Lucy his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a Bill for the Purposes therein" mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice yates, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill; have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Rempstorie Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields and Commons within the Lordship or Liberty of Rempstone, in the County of Nottingham .

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet on Friday next, at the usual Time and Place; and to adjourn as they please.

Daly's Divorce Bill.

The Lord Delamer (pursuant to an Order of Leave on Monday last) presented to the House a Bill, intituled, An Act to dissolve the Mariage of Charles Daly Esquire, with Anna Statia Daly his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the 2th Day of February next; and that Notice thereof be affixed on the Doors of this House, and the Lords to be summoned; and that the said Charles Daly may be heard, by his Counsel, at the said Second reading, to make out the Truth of the Allegations of the Bill; and that the said Anna Statia Daly may have a Copy of the said Bill; and that Notice be given her of the said Second reading, and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

Mackintosh to enter into Recognizance on Geddie's Appeal.

The House being moved, That John Mackintosh Esquire, may be permitted to enter into a Recognizance for Robert Geddie junior, and Robert Mackintosh Esquire, on account of their Appeal depending in this House, they being in Scotland:

It is Ordered, That the said John Mackintosh may enter into a Recognizance for the said Appellants, as desired.

Davidson to enter into Recognizance on Spencer's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for John Spencer, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Renny's Appeal.

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for John Renny Merchant, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desireds

and on Joscnston's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for George Johnston, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Allsrdyce's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for David Allardyce, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Smith's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for John Smith junior, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Steward's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for James Steward, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Airman's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for Doctor, James Aikman, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on John Ogilvie's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for Doctor John Ogilvie, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on David Ogilvie's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for David Ogilvie, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Mudie's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for Alexander Loyal, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Mollison's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for David Mollison, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Bruce's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for John Bruce, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Kyd's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for George Kyd, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Lyall's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for Alexander Loyall, on account of his Appeal depending in this House, he living in Scotland .

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Anderson's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for James Anderson, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as .desired.

and on Reid's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for Captain Alexander Reid, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

Davidson to enter into Recognizance on Elphinstone's Appeal;

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for Alexander Elphinstone, on account of his Appeal depending in this House, he living in Scotland.

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

and on Pulteney's Appeal.

The House being moved, That Mr. Henry Davidson may be permitted to enter into a Recognizance for William Pulteney Esquire, on account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desired.

Anderson against Skene & Douglas;

Upon reading the Petition of George Skene and William Douglas Esquires, Respondents in a Cause depending in this House, wherein Mr. James Anderson is Appellant:

and Lyall against Skene and Miln, Petitions for a Bye-day.

Also, upon reading the Petition of George Skene and William Miln, Esquires, Respondents in a Cause depending in this House, wherein Alexander Lyall younger of Garden is Appellant, praying, In regard the said Appeals relate to a preliminary Point in a Political Question, that the same may be set down to be heard on such early Bye-day, as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause by Counsel, at the Bar, on Tuesday the 9th Day of February next.

Accounts relative to the East India Company, to be laid before the House.

Ordered, That the proper Officer do lay before this House Tomorrow, a State of the Debts of the East India Company in England on the 18th Day of December 1767,distinguishing the Time at which each Article will become payable according to the usual Practice of Payments by the Company, or according to the subsisting Agreements with the several Creditors, or the Delay of Payments consented to by those Creditors:

Also, An Account of the Credits of the East India Company, consisting of Cash, and Goods for Sale in England on the 18th Day of December 1767, distinguishing the Times at which the several Goods, now in the Company's Warehouses for Sale, will be sold, according to the usual Course of Sales of the said Company, together with the Sums of Money they will produce at each Sale respectively, according to the Medium Price such Goods have been sold at since the 10th of May last, and the Times when such Sums of Money will be payable:

Also, A Copy of the Annual Account of the State of the East India Company, made up to the 30th Day of June 1767:

Also, An Account of Merchandizes in the United East India Company's Warehouses in India, with an Account of their Cash and Debts due to them there, as by the last Advices.

Also, An Estimate of the Cargoes expected in the Course of the ensuing Summer, deducting Customs, Freight, and Charges:

Also, An Account of the Value of the Cargoes exported to the East Indies, not included in the Annual Account of the State of the East India Company, made up to the 30th of June 1767:

And also, An Account of the Proceedings of the General Court of the East India Company on the 23d Day of December 1767.

Chairman and Deputy Chairman, &c. of the East India Company to attend.

Ordered, That the Chairman, Deputy Chairman, and Accomptant of the East India Company, and Mr. Manship, a Director of the said Company, do attend this House on Friday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Januarii, hora undecima Aurorae, Dominis sic decernentibus.

DIE Jovis; 28^o Januarii 1768;

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Report of Commisioners for forfeited Estates, and Account of the Whale Fishery in Scotland, delivered.

The House being informed, That Mr. Rowe, from the Commissioners of His Majesty's Treasury, attended:

He was called in; and delivered at the Bar, pursuant to Act of Parliament,

Ist September 1767.

Report of the Commissioners and Trustees for managing the annexed forfeited Estates in Scotland, to the Lords Commissioners of His Majesty's Treasury:

Also, An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port they were discharged, and also what Quantity of Oil and Whale Fins each Ship has imported from the 10th of October. 1766, to the 10th of October 1767.

And then he withdrew.

And the Titles thereof being read by the Clerk;

Ordered, That the same do lie on the Table.

Account of the Proceedings and Resolution of the East India Company delivered.

The House being informed, That Mr.James, from the East India Company, attended:

He was called in; and delivered at the Bar (pursuant to the Order of Yesterday)

An Account of the Proceedings of the General Court of the East India Company on the 23d Day of December 1767:

Also, Copy of the Resolution of the General Court of the East India Company of the 13th of January 1768:

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the same do lie on the Table.

E. Lincoln against Allen.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Henry Earl of Lincoln, complaining of a Decree or Order of the Court of Chancery, of the 17th Day of December 1766; and praying, That the same might be reversed, or that the Appellant might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet: As also upon the Answer of Poulton Allen Esquire; put in to the said Appeal, and due Consideration had of what was offered On either Side in this Cause:

Decree affirmed with a Variation.

It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That in the Decree complained of, after the Word (Consideration), the Words (of Interest for the Annual Balance kept by the (fn. 5) said Blackburn Poulton in his own Hands), be inserted; and it is hereby ordered and adjudged, that, with this Variation, the Decree complained of be affirmed;

Worcester Roads Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act to continue the Terms and enlarge the Powers of several Acts of the Twelfth of Queen Anne, the Twelfth of King George the First, and the Twenty-second of His late Majesty, for repairing the Roads from the City of Worcester, through Droitwich to Bromsgrove, and other Roads therein, mentioned; and to repeal an Act, of the Twenty-eighth Year of His late Majesty, for repairing the Roads lying in and leading from Droitwich aforesaid, and for amending the several Roads which were directed to be repaired by the said Act:, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment

Hotham Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Lascelles and others:

With a Bill, intituled, An Act: for dividing and enclosing the Open and Common Fields, Meadows, and Pastures, within the Township of Hotham in the East Riding of the County of York. To which they desire the Concurrence of this House.

The said Bill was read the First Time.

Accounts, relative to East India Company delivered

The House being informed, That Mr. Warren, from the East India Company, attended:

He was called in; and delivered at the Bar (pursuant to Order),

1. An Account of the Credits of the East India Company, consisting of Cash, and Goods for Sale in England, on the Day of December 1767, distinguishing the Times on Which the several Goods now in the Company's Warehouses for Sale will be sold, according to the usual course of Sales of the said Company, together with the Sums of Money they will produce at each Sale respectively, according to the Medium Price such Goods have been sold at since the 10th of May last, and the Times when such Sums of Money will be payable.

2. A State of the Debts of the East India Company in England, on the Day of December 1767, distinguishing the Time at which each Article will become payable, according to the usual Practice of Payments by the Company, or according to the subsisting Agreements with the several Creditors, or the Delay of Payments consented to by those Creditors.

3. Also, An Account of Merchandize in the United East India Company's Warehouses in India, with an Account of their Cash, and Debts due to them (as by the last Advices.)

4. A Copy of the Annual Account of the State of the East India Company made up to the 30th Day of June 1767.

5. Also, Estimate of the Cargoes expected in the Course of the ensuing Summer, deducting Customs, Freight, and Charges.

6. And also, An Account of the Value of the Cargoes exported to the East Indies, not included in the Annual Account of the State of the East India Company, made up to the 30th of June 1767.

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on the Table:

Coventry. Navigation Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for making and maintaining a Navigable Canal from the City of Coventry, to communicate, upon Fradley Heath in the County of Stafford, with a Canal now making between the Rivers Trent and Mersey

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

Loughton Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act: for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Other Commonable Lands and Grounds, in the Parish of Loughton in the County of Bucks.

The Question was put, Whether this Bill Shall pass?

It was resolved in the Affirmative;

Worcester, &c. Roads Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to continue the Terms, and enlarge the Powers, of several Acts of the Twelfth of Queen Anne, the Twelfth of King George the First, and the Twenty-second of His late Majesty, for repairing the Road from the City of Worcester, through Droitwich, to Bromsgrove, and other Roads therein mentioned; and to repeal an Act of the Twenty-eighth of His late Majesty, for repairing the Roads lying in and leading from Droitwich aforesaid, and for amending the several Roads which were directed to be repaired by the said Act.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Three preceding Bills.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Graves:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Petition of the East India Company to be heard by Counsel against the East India Dividend Bill.

Upon reading the Petition of the United Company of Merchants of England, trading to the East Indies, taking Notice of a Bill, depending in this House, for further regulating the Proceedings of the said Company, praying, for the Reasons therein mentioned, that they may be heard, by themselves or their Counsel, against the said Bill, and that the same may not pass into a Law:

It is Ordered, That the said Petition do lie on the Table; and that the Petitioners be at Liberty to be heard, by their Counsel, against the said Bill, as desired, at the Second reading thereof.

Message to H. C. for Mr. Cust to attend.

Ordered, That a Message be sent to the House of Commons, to desire that they will give Leave to Peregrine Cust Esquire, a Member of that House, to attend this House Tomorrow, in order to his being examined upon the Second reading of the East India Dividend Bill.

Two of the Directors of the East India Company to attend.

Ordered, That Sir James Cockburn, and George Wombwell Esquire, Directors of the East India Company, do attend this House Tomorrow, in order to their being examined upon the Second reading of the East India Dividend Bill.

Causes put off.

Ordered, That the Cause which stands for Tomorrow, be put off to Tuesday next; and that the Cause which stands for Monday next, be put off to Wednesday next; and that the other Causes on Cause Days be removed in Course.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris, 29^o Januarii 1768.

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Yonng against Johnston.

The Answer of Alexander Young, and others, to the Appeal of Andrew Johnston, and others:

Lord Ellibank et al. against Sir John Gordon.

Also the Answer of Patrick Lord Ellibank, and others, to the Appeal of Sir John Gordon Baronet; were this Day brought in.

E. Donegall against Lord Knapton.

The House being moved, That a Day may be appointed for hearing the Cause wherein Arthur Earl of Donegall is Appellant, and Thomas Lord Knapton is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Rempstone Enclosure Bill.

The Lord Botetourt reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing several Open Fields and Commons within the Lordship or Liberty of Rempstone in the County of Nottingham, was committed; That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

The House was adjourned during Pleasure to robe:

The House was resumed.

King present.

His Majesty, being seated on the Throne, adorned with his Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod, to let the Commons know, It is His Majesty's Pleasure, they attend Him immediately, in this House.

Who being come, with their Speaker;

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed.

1. An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited lime; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.

2. An Act to enable His Majesty to licence a Playhouse in the City of Bath.

3. An Act for making and maintaining a navigable Cut or Canal from the River Severn, at or near a Place called Hawford in the Parish of Claines, in the County of Worcester, to or near a Place called Chapel Bridge, within the Borough of Droitwich in the said County.

4. An Act for making and maintaining a Navigable Canal from the City of Coventry, to communicate, upon Fradley Health in the County of Stafford, with a Canal now making between the Rivers Trent and Mersey.

5. An Act to continue the Terms, and enlarge the Powers, of several Acts of the Twelfth of Queen Anne, the Twelfth of King George the First, and the Twenty-second of His late Majesty, for repairing the Road from the City of Worcester, through Droitwich, to Bromsgrove, and other Roads therein mentioned; and to repeal an Act of the Twenty-eighth Year of His late Majesty, for repairing the Roads lying in, and leading from Droitwich aforesaid; and for amending the several Roads which were directed to be repaired by the said Act.

To these Bills the Royal Assent was severally pronounced by the Clerk Assistant, in these Words; (videlicet),

Le Roy le veult.

6. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds in the Parish of Loughton, in the County of Bucks.

7. An Act for continuing, establishing, and confirming the Surname and Arms of Wallinger unto John Wallinger, formerly called John Arnold, and his Issue, pursuant to the Will of John Wallinger, his late Uncle, deceased;

8. An Act to enable Judith Paul, and her Issue, to use and take the Name of Saint Paul.

9. An Act for naturalizing David Peyer lmhoss.

To these Bills the Royal Assent was pronounced severally, by the Clerk Assistant, in these Words; (videlicet),

Soit fait comme il est desire.

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure to un robe

The House was resumed.

E. Strathmore takes the Oaths.

John Earl of Strathmore took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Birmingham Navigation Bill.

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:

With a Bill, intituled, An Act for making and maintaining, a Navigable Cut or Canal from Birmingham to Bilstone, and from thence to Autherley, there to communicate with a Canal how making between the Rivers Severn and Trent; and for making. Collateral Cuts up to several Coal Mines; to which they desire the Concurrence of this House.

Crickley Hill, &c. Road Bill.

A Message was brought from the House of Commons, by the Lord Charles Spencer and others:

With a Bill, intituled, An Act for continuing and enlarging the Powers of an Act, passed in the Twenty-fourth Year of the Reign of His late Majesty, intituled, An Act for repairing the Road from the Top of Crickley Hill, in the County of Gloucester, to Frog Mill, through the Towns of North Leach, Burford, and Witney, and Parishes of Hanborough and Bladon, to Campsfield, in the Parish of Kidlington, in the County of Oxford; and also the Road from Witney through Eynsham, Cumner, and Botley, to the City of Oxford, except so much thereof as relates to the Road from Witney through Eynsham, Cumner, and Botley, to the City of Oxford, and also for repairing and widening the Road from Campsfield to the Turnpike Road at or near Enslow Bridge, in the said County of Oxford;to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Papers relating to the African Forts and Settlements delivered.

The House being informed, That Mr. Jackson, from the Admiralty Office, attended:

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament, of the Twenty-third Year of King George the Second,

Copies of Reports made by Captain Lambert, to the Lords of the Admiralty, of the State and Condition of the Forts and Settlements on the Coast of Africa, together with a Schedule of the said Reports:

Which was read as follows:

N^o 1. State and Condition of Dixcove, taken 16th February 1767.

N^o 2. State and Condition of Comenda, taken 18th February 1767.

N^o 3. State and Condition of Second, taken 18th February 1767.

N^o 4. State and Condition of Annamaboe, taken 23d February 1767.

N^o 5. State and Condition of Cape Coast, taken 10th March 1767.

N^o 6. State and Condition of Tantumquive, taken 14th March 1767.

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on the Table.

Fisher's Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting several undivided Parts of divers Baronies, Lands, and Hereditaments, late the Estate of Brice Fisher Esquire deceased, situate in the Provinces of South Carolina and Georgia, in America, in Trustees, to be sold, discharged of the Uses of the Will of the said Brice Fisher, and for vesting the Money arising by such Sale in the Purchase of Lands and Hereditaments in that Part of Great Britain called England, to be settled to the Uses of the said Will.

Ordered, That, the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet on Monday the 15th Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Johnston & al. against Young & al. Petition for a Bye-day.

Upon reading the Petition of Alexander young, and others, Respondents in a Cause depending in this House, wherein Andrew Johnstone, and others, are Appellants, praying, In regard the same being a Borough Election Cause, that the same may be set down to be heard on Thursday the 11th Day of February next:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 11th Day of February next, as desired.

Spencer against Skene and Douglas, Petition for a Bye-day.

Upon reading the Petition of George Skene and William Douglas, Respondents in a Cause depending in this House, wherein John Spencer is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other earlier Bye-day as to the House shall seem meet:

It is Ordered, That this House shall hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Ogilvie against Skene and Douglas, Petition for a Bye-day.

Upon reading the Petition of George Skene and William Douglas, Respondents in a Cause depending in this House, wherein Doctor John Ogilvie is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Allardyce against Douglas and Hunter, Petition for a Bye-day.

Upon reading the Petition of William Douglas and Charles Hunter, Respondents in a Cause depending in this House, wherein David Allardyce is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Kyd against Ogilvie and Skene, Petition for a Bye-day.

Upon reading the Petition of Walter Ogilvie and George Skene, Respondents in a Cause depending in this House, wherein George Kyd is Appellant; praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Smith against Douglas and Wedderburn, Petition for a Bye-day.

Upon reading the Petition of William Douglas, and Robert Wedderburn, Respondents in a Cause depending in this House, wherein John Smith junior, is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Renny against Douglas and Miln, Petition for a Bye-day.

Upon reading the Petition of William Douglas and William Miln, Respondents in a Cause depending in this House, wherein John Renny is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Mudie against Ogilvie and Douglas, Petition for a Bye day.

Upon reading the Petition of Walter Ogilvie and William Douglas, Respondents in a Cause depending in this House, wherein David Mudie is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Stewart against Skene and Miln, Petition for a Bye-day.

Upon reading the Petition of George Skene and William Miln, Respondents in a Cause depending in this House, wherein James Steward is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Bruce against Ogilvie and Douglas, Petition for a Bye-day.

Upon reading the Petition of Walter Ogilvie and William Douglas, Respondents in a Cause dependings in this House, wherein John Bruce is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Ogilvie against Skene and Hunter, Petition for a Bye-day.

Upon reading the Petition of George Skene and Charles Hunter, Respondents in a Cause depending in this House, wherein David Ogilvie is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Mollison against Skene and Wedderburn, Petition for a Bye-day.

Upon reading the Petition of George Skene and Robert Wedderburn, Respondents in a Cause depending in this House, wherein David Mollison is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Johnston against Skene and Miln, Petition for a Bye-day.

Upon reading the Petition of George Skene and William Miln, Respondents in a Cause depending in this House, wherein George Johnston is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard on Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Aikman against Wedderburn, Petition for a Bye-day.

Upon reading the Petition of George Skene and Robert Wedderburn, Respondents in a Cause depending in this House, wherein Doctor James Aikman is Appellant, praying, In regard the same is an Election Cause, that the same may be set down to be heard (fn. 6)Tuesday the 16th Day of February next, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 16th Day of February next, as desired.

Ramsay & al. peremptorily to answer Laing's Appeal.

The House being informed, That Peter Ramsay, and others, Respondents to the Appeal of James Laing, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of James Hardie Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Brown against Fowler, Petition for a Bye-day ex parte.

Upon reading the Petition of William Brown, Land Labourer of Kilkenny, Appellant in a Cause depending in this House, wherein David Fowler, and others, are Respondents, setting forth, That the Respondents have not put in their Answer to the said Appeal, though peremptorily ordered so to do; and that this Cause is connected with an Appeal appointed to be heard on Thursday the 4th of February next, wherein the Petitioner is Appellant, and Andrew Reid, and others, are Respondents; and therefore praying, that the said Appeal may be set down to be heard ex parte on the same Day.

It is Ordered, That this House will hear the said Cause ex parte, by Counsel, at the Bar, on Thursday the 4th of February next, as desired.

Commons Answer to Message for Mr. Cust to attend.

The Messengers sent to the House of Commons to desire, that they will give Leave to Peregrine Cust Esquire, a Member of that House, to attend their Lordships, in order to his being examined upon the Second reading of the East India Dividend Bill; return Answer, That the Commons will send an Answer by Messengers of their own.

Houston against M'Kye and Crawfurd.

Upon reading the Petition and Appeal of Alexander Houston of Jordanhill Esquire, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, Shall seem meet; and that John Ross M'Kye and John Crawfurd may be required to answer the said Appeal:

It is Ordered, That the said John Ross M'Kye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Friday the 25th Day of February next; and Service of this Order upon the said Respondents, or on their known Agents in the said Court of Session in Scotland, shall be deemed good Service.

Bruce against M'Kye and Crawfurd.

Upon reading the Petition and Appeal of Alexder Bruce Esquire, Advocate, complaining of Part of an Interlocutor of the Lords of Session in Scotland of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, Shall seem meet; and that John Ross M'Kye and John Crawfurd may be required to answer the said Appeal:

It is Ordered, That the said John Ross M'Kye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 25th Day of February next; and Service of this Order upon the said Respondents, or on their known Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Clark against M'Kye and Crawfurd.

Upon reading the Petition and Appeal of John Clark Merchant in Glasgow, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of this instant January, and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Ross M'Kye and John Crawfurd may be required to answer the said Appeal:

It is Ordered, That the said John Ross M'Kye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 25th Day of February next; and Service of this Order upon the said Respondents, or on their known Agents in the said Court of Session in Scotland, shall be deemed good Service.

Upon reading the Petition and Appeal of Charles Dalrymple of Orangefield Esquire, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of this instant January; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Ross M'Kye and John Crawfurd may be required to answer the said Appeal:

It is Ordered, That the said John Ross M'Kye and John Crawfurd, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 25th Day of February next; and Service of this Order upon the said Respondents; or on their known Agents in the said Court of Session in Scotland, shall be deemed good Service.

East India Dividend Bill.

The Order of the Day being read for the Second reading of the Bill, intituled, An Act for further regulating the Proceedings of the United Company of Merchants of England trading to the East Indies, with respect to the making of Dividends; and for the Attendance of several Persons:

The Petition of the East India Company, praying to be heard by Counsel against the said Bill, was read.

Then the Counsel for the Petitioners against the said Bill were called in; and being asked, if they were prepared to proceed, acquainted the House they were not; and prayed, that further Time might be allowed them in order to their doing that Justice to their Clients, which at present they were unable to do.

They were directed to withdraw.

Then Mr. Nuthall, Solicitor to the East India Company, was called in; and, being examined, acquainted the House, That a material Account was then making out, in order to its being laid before the Counsel, and which he believed would be ready in about Two Days; and that another Account was also then making out to be laid before the Counsel under the Inspection of Mr. Wombwell, and another Director, which he believed would also be ready about the same Time.

He was directed to withdraw.

Then the Counsel were again called in; and being asked, when they thought they should be ready, acquainted the House, They should be ready by Wednesday next.

They were directed to withdraw.

Ordered, That the Second reading of the said Bill be put off to Wednesday next, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Message to the Commons for Mr. Cust to attend.

, Ordered, That a Message be sent to the House of Commons, to desire that they will give Leave to Peregrine Cust Esquire, a Member of that House, to attend this House on Wednesday next, in order to his being examined upon the said Second reading of the East India Dividend Bill.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Januarii, hora decima Auror, Dominis sic decernentibus.

DIE Sabbati, 30^o Januarii 1768.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Then, in order to solemnize this Day being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First;

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, primum diem Februarii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.