House of Lords Journal Volume 32
February 1769, 21-28

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History of Parliament Trust

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1767-1830

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258-264

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'House of Lords Journal Volume 32: February 1769, 21-28', Journal of the House of Lords volume 32: 1768-1770 (1767-1830), pp. 258-264. URL: http://british-history.ac.uk/report.aspx?compid=113311 Date accessed: 22 July 2014.


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Contents

DIE Martis, 21o Februarii 1769.
Douglas et al. against D Hamilton et al. DIE Mercurii, 22o Februarii 1769. Noel's Estate Bill. Message to H C. with it. D Grafton's D'voice Bill; King's Consent signified to it Witnesses to attend on it. Ingham Enclosure Bill. Eaton Enclosure Bill. Elvington Enclosure Bill. Wheldrake Enclosure Bill. Ravert's's Nat. Bill; Message to H. C with Amendments to it. Walburton enclosure bill Harlow Bush Common to Stump Cross, Road Message to H. C. that the Lords have agreed to the Two preceding Bills. E. Abingdon's Estate Bill. Witnesses to attend on Worgan's Divorce Bill. Dundas against Wardrope. Dundas against Durham. Adjourn. DIE Jovis, 23o Februarii 1769. Visitors of the Foundation of Queen's College Oxford, Leave for a Bill. Bill read. Petitions Relative to the Sutherland Clam of Peerage a gainst returned to Committee of Privileges: Disappointed for heating the some, and the Agents to delive their Cases on a certain Day. Commssioners of Land Tax Bill. To enable Mr, Byrom to build a new Church at Manchester, Bill. E. Shelburne's Esate Bill; Standing Order dispensed with. E. Abingdon's Estate Bill. Message to H. C. with it. Elvington Enclosure Bill; the King's Consent signified to it. Ingham Enclosure Bill. Wheldrake Enclosure Bill Wilkie against Simpson. Holland Bachus take the Oaths for their Naturalization. Causes put off. Adjourn. DIE Lunæ, 27o February 1769.
Barmingham Navigation Bill. Commissioners of Land Tax Bill. D. Mailborough's Estate Bill. Douglas et al against D Hamilton et al Interlocutor reversed: Judgement, Adjourn. Footnotes

DIE Martis, 21o Februarii 1769.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Archiep. Cantuar.Ds. Camden, Cancellarius.Ds. Le Despencer.
Archiep. Ebor.Comes Gower, Præses.Ds. Willoughby Br.
Epus.Londin.Comes Bristol, C.P.S.Ds. Willoughby Par.
Epus.Duresm.Dux Bedford.Ds. Berkeley Str.
Epus.Ccstrien.Dux Argyll.Ds. Delamer.
Epus.Wigorn.Dux Atholl.Ds. Trevor.
Epus.Cicestrien.Dux Ancaster, Magnus Camerarius.Ds. Masham.
Epus.Norvicen.Dux Kingston.Ds. King.
Epus.Exon.Dux Portland.Ds. Godolphin.
Epus.Oxon.Dux Manchester.Ds. Sandys.
Epus.Meneven.Dux Bridgewater.Ds. Archer.
Dux Northumberland.Ds. Vere.
Dux Montagu.Ds. Hyde.
March. Lothian.Ds. Walpole.
March. Rockingham.Ds. Mansfield.
Comes Talbot, Senescallus.Ds. Lyttelton.
Comes Suffolk.Ds. Sondes.
Comes Denbigh.Ds. Scarsdale.
Comes Westmorland.Ds. Boston.
Comes Stamford.Ds. Lovel & Holland.
Comes Sandwich.Ds. Montagu.
Comes Doncaster.Ds. Milton.
Comes Abingdon.Ds. Digby.
Comes Plimouth.Ds. Sundridge.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulet.
Comes Strathmore.
Comes Abercorn.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Roseberry.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Harrington.
Comes Buckinghamshire.
Comes Temple.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Comes Delawar.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Douglas et al. against D Hamilton et al.

After hearing Counsel further in the Cause, wherein Douglas et al. Archibald Douglas Esquire and others are Appellants, against and George James Duke of Hamilton and others are Respondents:

It is Ordered, That the Consideration of the said Cause be adjourned till Monday next.

Walburton Enclosure Bill.

The Earl of Sandwich reported from the Lords Committees, to whom the Bill, intituled, “ An Act for dividing and enclosing an open Common, in the Pariah of Walburton, in the County of Sussex” 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.”

Noel's Estate Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for vesting the Estates of the Honourable William Noel Esquire deceased, situate in Stamford, in the County of Lincoln, in Trustees, to sell the same, and apply the Money arising therefrom as therein mentioned, was committed.

Ordered, That the said Bill be engrossed.

Harlow Buffi Common to Stump Coiss, Road Bill.

The Earl of Sandwich reported from the Lords Committees, to whom the Bill, intituled, “ An Act for enlarging the Term and Powers granted by an Act, passed, in the Seventeenth Year of the Reign of His late Majesty, for repairing and widening the Road leading from a Place called Harlow Bush Common, in the Pariah of Harlow, in the County of “ Essex, to Stump Cross, in the Parish of Great Chesterford, 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.”

Ravert's'a Nat. Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, “ An Act for naturalizing Peter Ravert's,” 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 some Amendments thereto.”

Which Amendments being read Twice by the Clerk, were agreed to by the House.

E. Shelburne's Estate Bill, Motion to disperse with Standing Older.

The House being moved, That the Standing Order of this House, No. 126, concerning Bills for selling Lands in One Place, and buying Lands in another Place, to be settled in Lieu thereof, may be so far dispensed with, as that the Committee to whom the Bill, intituled, “ An Act for vesting Part of the Real Estate devised and directed to be purchased by the Will of Henry Earl of Shelburne, in the Kingdom of Ireland, deceased, and in Tokenhouse yard, in Trustees, to be sold or mortgaged; and for laying out the Money arising by Sale or Mortgage thereof in the Purchase of Manors, Lands, or Hereditaments, in England, to be settled to the Uses of his said Will, and for enabling the Persons therein mentioned to' grant such Leases as are therein expressed, stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with.”

Edwards's et al Estate Bill.

Hodie 3a vice lecta est Billa, intituled, “ An Act for confirming a Partition between John Edwardes Esquire, John Fremantle Esquire, and Frances his Wife, ana Mary Edwardes Spinster of several Estates in the County of Middlesex and City of Bristol,. devised by the Will of John Schoppens Esquire deceased, and of the Residue of the Personal Estate of the said John Schoppens”

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. Montague and Mr. Cudden:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernentibus.

DIE Mercurii, 22o Februarii 1769.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.Ds. Camden, Cancellarius.Ds. Willoughby Par.
Dux Grafton.Ds. Delamer.
Dux Athol.Ds. Bathurst.
Comes Denbigh.Ds. King
Comes Shaftesbury.Ds. Hyde.
Comes Rochford.Ds. Boston.
Comes Abercorn.Ds. Lovel & Holland.
Comes Marchmont.
Comes Ilchester.
Viscount Weymouth.

PRAYERS.

Noel's Estate Bill.

Hodie 3a vice lecta est Billa, intituled, “ An Act for vesting the Estates of the Right Honourable William Noel Esquire deceased, situate in Stamford, in the County of Lincoln, in Trustees, to sell the same and apply the Money arising therefrom as 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 Mr. Montagu and Mr. Cudden:

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

D Grafton's D'voice Bill; King's Consent signified to it

The Earl of Rochford acquainted the House, “ That His Majesty, having been informed of the Contents of the Bill, intituled, “ An Act to dissolve the Marriage of Augustus Henry Duke of Grafton with the Honourable Ann Lyddell his now Wife, and to enable him to marry again; and for other Purposes therein mentioned, was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

Witnesses to attend on it.

Ordered, That Lieutenant General Ellison, Sir

John Pringle, Doctor William Hunter, and Robert Adair Esquire, do attend this House on Monday the 6th Day of March next, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of Augustus Henry Duke of Grafton with the Honourable Ann Liddell his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.”

Ordered, That Martha Tyson, Mary Golding, Charlotte Dupary,. Hannah Ready Mary Charles, William Trays, Robert Folgate, Thomas Jervis, and William Moseley, do also attend this House at the same Time, upon the Second Reading of the said Bill.

Ingham Enclosure Bill.

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

With a Bill, intituled, “ An Act for dividing and enclosing several Common Fields, Grounds, and Pastures, within the Pariah of Ingham, in the County of Lincoln;” to which they desire the Concurrence of this House.

Eaton Enclosure Bill.

A Message was brought from the House of Commons, by Lord George Sutton and others:

With a Bill, intituled, “ An Act for dividing and enclosing .certain Open Fields, Meadows, Ings, “ and Common Lands, within the Pariah of Elvington, “ in the East Riding of the County of York;” to, which they desire the Concurrence of this House.

Elvington Enclosure Bill.

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

With a Bill, intituled, “ An Act for dividing and enclosing several Open Fields, Meadow Grounds, and Ings, and the Moor or Common and Waste Ground within the Manor and Township of Wheldrake, in the County of York;” to which they desire the Concurrence of this House.

Wheldrake Enclosure Bill.

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

With a Bill, intituled, “ An Act for dividing and enclosing several Open Fields, Meadow Grounds, and Ings, and the Moor or Common and Waste Ground within the Manor and Township of Wheldrake, in the County of York;“ to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Ravert's's Nat. Bill;

Hodie 3a vice lecta est Billa, intituled, “ An Act for naturalizing Peter Ravert's.”

The Question was put, “ Whether this Bill, with the Amendments, shall pass ?”

It was resolved in the Affirmative.

Message to H. C with Amendments to it.

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

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

Walburton enclosure bill

Hodie 3a vice lecta est Billa, intituled, cc An Act for dividing and enclosing an open Common, in the Pariah of Walburton, in the County of Sussex,”

The Question was put, “ Whether this Bill shall pass?”

It was resolved in the Affirmative.

Harlow Bush Common to Stump Cross, Road

Hodie 3a vice lecta est Billa, intituled, “ An Act for enlarging the Term and Powers granted by an Aft, passed in the Seventeenth Year of the Reign of His late Majesty, for repairing and widening the Road leading from a Place called Harlow Bush Common, in the Parish of Harlow, in the County of Essex, to Stump Cross, in the Parish of Great Chesterford, in the said County.”

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 the former Messengers:

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

E. Abingdon's Estate Bill.

The Lord Delamer reported from the Lords Committees, to whom the Bill, intituled, “An Act for appointing Jointures for the Wives, and providing Portions for the younger Children, of the Right Honourable Willoughby Earl of Abingdon and the Honourable Peregrine Bertie his Brother, and for other the Purposes therein mentioned, 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 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.

Witnesses to attend on Worgan's Divorce Bill.

Ordered, That Katherine Bates, Simon Nicholls, Ann Nicholls, William Bromfield, Martha Homer, Richard Synge, James Jones, Elizabeth Rowe Widow, Priscilla Vokins, Elizabeth Hill, Ann Mare, Mary Gregg, and Ann Beckley, do attend this House on Thursday the 2d Day of March next, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, “ An Act to dissolve the Marriage of John Worgan with Sarah Mackelcan his now Wife, and to enable him to marry again, and for other Purposes therein mentioned.”

Dundas against Wardrope.

The House being informed, “That William Wardrope, Respondent to the Appeal of James Dundas of Dundas Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

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

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Dundas against Durham.

The House being informed, “That Robert Durham, Respondent to the Appeal of James Durdas of Dundas Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon an Affidavit of John Robertson Junior, Writer in Edi burgh, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamen tum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Februarii, hora un decima Auroræe, Dominis sic decernentibus.

DIE Jovis, 23o Februarii 1769.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Litch. & Cov.Ds. Camden, Cancel Larius.Ds. Willoughby Par.
Epus. Wigorn.Comes Bristol, C. P.S.Ds. Berkeley Str.
Epus. Meneven.Dux Graft on.Ds. Delamer.
Dux Argyll.Ds. Romney.
Dux Atholl.Ds. Sandys.
Dux Bridgewater.Ds. Scarsdale.
Comes Suffolk.Ds. Boston.
Comes Denbigh.Ds. Digby.
Comes Westmorland.Ds. Sundridge.
Comes Shaftesbury.
Comes Berkeley,
Comes Poulet.
Comes Abercorn.
Comes Dunmore.
Viscount Say & Sele,
Viscount Weymouth.
Viscount Wentworth.

PRAYERS.

Visitors of the Foundation of Queen's College Oxford, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of William Blackslone Esquire, Solicitor General to Her Majesty, and others, the Visitors of the Foundation of John Michell Esquire in the Queen's College, in the (fn. 1) University of Oxford; 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 1a vice lecta est Billa, intituled, “An Act for the better Establishment of the Foundation of John Michell Esquire in the Queen's College in the University of Oxford, and for other the Purposes therein mentioned.”

Petitions Relative to the Sutherland Clam of Peerage a gainst returned to Committee of Privileges:

Ordered, That the Petition of Sir Robert Gordon Baronet, claiming the Title and Dignity of Earl of Sutherland:

Also, The Petition of Ellanbetb, only Child of William late Earl of Sutherland, claiming the said Dignity:

And also, The Petition of George Sutherland Esquire, likewise claiming the said Dignity; which were severally referred to the Committee of Privileges upon the 3d and 21 st of December 1767, and 25th of January 1768, be again referred to the Committee of Privileges to consider thereof, and to report their Opinion thereupon to the House.

Disappointed for heating the some, and the Agents to delive their Cases on a certain Day.

A Petition of Elizabeth, claiming the Title and Dignity of Countess of Sutherland, and her Guardians, was presented and read; setting forth, “That Sir Robert Gordon Baronet having presented a Petition to His Majesty, claiming the Title and Dignity of Earl of Sutherland, the same was referred by His Majesty to their Lordships Consideration; and upon the 3d of December 1767, was referred by their Lordships to the Committee of Privileges:

That the Petitioner's Guardians, in Support of her Right, soon after presented a Petition to His Majesty, praying, that her Right to the said Title and Dignity might be declared and established; which Petition, with His Majesty's Reference thereon, was, upon the 21st of December 1767, referred by their Lordships to the Committee of Privileges:

That, upon the 25th of January 1768, a Third Petition on Behalf of George Sutherland Esquire, claiming the said Dignity, with His Majesty's Reference thereon, was likewise referred by their Lordships to the Committee of Privileges:

That the Claimants Sir Robert Gordon and George Sutherland did signify, last Session of Parliament, that they were ready and desirous to have this Question relating to the said Peerage then brought to a Hearing, and from the repeated Assurances of their Agents, the Petitioner had Reason to believe they would be ready to lodge their Cases on or before the 1 st Day of February instant:

That the Petitioner's Agent from Scotland has attended with the necessary Proofs and Waitings, for supporting her Claim to the said Title and Dignity, and her Case has been for some Time prepared, and is now ready to be delivered:

That, as any longer Delay in determining this Question would be extremely prejudicial to the Petitioner, she now takes the Liberty to make this Application to their Lordships;” and therefore praying, “That the Claims of the several Parties to the aforesaid Dignity may be appointed to be heard on any Day before the Recess at Easter their Lordships shall judge proper; and that the said Sir Robert Gordon and George Sutherland may be ordered to deliver their Cases, at least Fourteen Days before the Hearing, in Terms of their Lordships Standing Order.”

Whereupon the Agents for the Claimants were tailed in, and heard at the Bar.

And being withdrawn:

Ordered, That the Committee of Privileges do meet, to consider of the said Claims, on Thursday the 16th Day of March next.

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

Ordered, That the Agent for the Petitioner, and also the Agents for the other Claimants, Sir Robert Gordon Baronet and George Sutherland Esquire, do deliver their printed Cases to the Clerk, on or before Thursday the 2d Day of March next.

Commssioners of Land Tax Bill.

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

With a Bill, intituled, “An Act for appointing Commissioners for putting in Execution an Aft, of this Session of Parliament, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and sixty-nine;” and for securing and preserving Duplicates of Assessments and other Papers relating to the Land Tax;” to which they desire the Concurrence of this House.

To enable Mr, Byrom to build a new Church at Manchester, Bill.

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

With a Bill, intituled, “An Act to enable Edward Byrom Esquire to complete a Building intended for a new Church in the Town of Manchester, and for making the same a perpetual Cure and Benefice, and for other Purposes;” to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

E. Shelburne's Esate Bill; Standing Order dispensed with.

The Order of the Day being read, for taking into Consideration the Motion made on Tuesday last, for dispensing with the Standing Order, No. 126, so far as that the Committee, to whom the Bill, intituled, “An Act for vesting Part of the Real Estate devised and directed to be purchased by the Will of Henry Earl of Shelburne, in the Kingdom of Ireland, deceased, and in Tokenhouse Yard, in Trustees, to be sold or mortgaged, and for laying out the Money arising by Sale or Mortgage thereof in the Purchase of Manors, Lands, or Hereditaments, in England, to be settled to the Uses of his said Will; and for enabling the Persons therein mentioned to grant such Leases as arc therein expressed;” stands committed, may proceed on the said Bill, notwithstanding the said Order:

And Consideration being had thereof:

Ordered, That the said Standing Order be dispensed with in this Case.

E. Abingdon's Estate Bill.

Hodie 3a vice lecta esh Billa, intituled, “An Act for appointing Jointures for the Wives, and providing Portions for the younger Children, of the Right Honourable Willoughby Earl of Abingdon, and the Honourable Peregrine Bertie his Brother, and for other the 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 Mr. Montagu and Mr. Cudden:

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

Elvington Enclosure Bill; the King's Consent signified to it.

The Lord Viscount Weymouth acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing certain Open Fields, Meadows, Ings, and Common Lands, within the Parish of Elvington, in the East Riding of the County of York,” was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

Then the said Bill was read a Second Time.

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

Ld. Privy Seal.L. Bp. Worcester.L. Willoughby Par.
D. Grafton.L. Bp. Litch. & Cov.L. Berkeley Str.
D. Argyll.L. Bp. St. Davids.L. Delamer.
D. Athol.L. Romney.
D. Bridgewater.L. Sandys.
E. Suffolk.L. Scarsdale.
E. Denbigh.L. Boston.
E. Westmorland.L. Digby
E. Shaftesbury.
E. Berkeley.
E. Poulet.
E. Abercorn.
E. Dunmore.
V. Say & Sele.
V. Weymouth.
V. Wentworth.

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.

Ingham Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing several Common Fields, Grounds, and Pastures, within the Parish of Ingbem, in the County of Lincoln.”

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.

Wheldrake Enclosure Bill

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing several Open Fields, Meadow Grounds, and Ings, and the Moor or Common and Waste Ground, within the Manor and Township of Wheldrake, in the County of York.”

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.

Wilkie against Simpson.

Upon reading the Petition and Appeal of John Wilkie of Foulden Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 25th Day of January "last, and of Three Interlocutors of the Lord Ordinary there, of the 26th of January last, and of the 9th and 11th of this instant February; and praying, “That the same may be reversed, 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 Samuel Simpson of Nunlands may be required to answer the said Appeal:”

It is Ordered, That the said Samuel Simpson may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Thursday the 23d Day of March next; and Service of this Order upon any of the Procurators or Agents of the said Respondent in the said Court of Session in Scotland, shall be deemed good Service.

Holland Bachus take the Oaths for their Naturalization.

Leonard Holland Gerard Bachus took the Oaths appointed, in order for their Naturalization.

Causes put off.

Ordered, That the Cause wherein Hugh Cairncross is Appellant, and William Heatly and others are Respondents, which stands appointed for hearing on Monday next, be put off to Wednesday next; and that the Rest of the Causes (except the Four appointed to be heard after the Recess at Easter) be removed in. Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Februarii, hora un decima Auroræs, Dominis sic decernentibus.

DIE Lunæ, 27o February 1769.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Archiep. Cant.Ds. Camden, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Archiep. Ebor.Comes Gower, Præses.Ds. Le Despencer.
Epus. London.Comes Bristol, C.P.S.Ds. Abergavenny.
Epus. Duresm.Dux Grafton.Ds. Willoughby Br.
Epus. Litch. & Cov.Dux Bolton.Ds. Willoughby Par.
Epus. Cestrien.Dux Bedford.Ds. Berkeley Str:
Epus. Wigorn.Dux AtholDs. Delamer.
Epus. Cestrien.Dux Ancaster, Magnus Camerarius.Ds. Trevor.
Epus. Sarum.Dux Portland.Ds. Masham.
Epus. Norvicen.Dux Manchester.Ds. King.
Epus. Lincoln.Dux Bridge-water.Ds. Monson.
Epus. Exon.Dux Newcastle.Ds. Godolphin.
Epus. Oxon.Dux Northumberland.Ds. Sandys.
Epus. Meneven:Dux Montagu.Ds. Bruce.
March. Lothian.Ds. Archer.
March. Rockingham.Ds. Vere.
Comes Talbot, Senescallus.Ds. Hyde.
Comes Hertford, Camerarius.Ds. Walpole.
Comes Huntingdon.Ds. Mansfield.
Comes Suffolk.Ds. Lyttelton.
Comes Denbigh.Ds. Sondes.
Comes Wesmorland.Ds. Grosvenor.
Comes Peterborow.Ds. Boston.
Comes Stamford.Ds. Lovel & Holland.
Comes Sandwich.Ds. Montagu.
Comes Doncaster.Ds. Milton.
Comes Abingdon.Ds. Beaulieu.
Comes Plimouth.Ds. Digby
Comes Scarbrough.Ds. Sundridge.
Comes Coventry.
Comes Poulet.
Comes Strathmore.
Comes Abercorn.
Comes Loudon.
Comes Dunmore
Comes March.
Comes Marchmont.
Comes Roseberry.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Halifax.
Comes Sussex.
Comes Kerr.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Harrington.
Comes Buckinghamshire.
Comes Temple.
Comes Cornwallis.
Comes Darlington.
Comes Ilchester.
Comes Delaware
Comes Radnor.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Irvine.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

Barmingham Navigation Bill.

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

With a Bill, intituled, “An Act to rectify a Mistake in an Aft, patted in the Eighth Year of His present Majesty, 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 the Canal now making between the Rivers Severn and Trent; and for making collateral Cuts up to several Coal Mines and to explain and amend the said Act;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Commissioners of Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for appointing Commissioners, for putting in Execution an Act of this Session of Parliament, intituled, “An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and sixty-nine;” and for securing and preserving Duplicates of Assesments and other Papers relating to the Land Tax.”

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.

D. Mailborough's Estate Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, “An Act for confirming Articles of Agreement, and for effecting an Exchange of Lands, between the Most Noble George Duke of Marlborough and the Warden and Scholars of Merton College in Oxford” 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.”

Ordered, That the said Bill be engrossed.

Douglas et al against D Hamilton et al

The Order of the Day being read, for the Consideration of the Cause, wherein Archibald Douglas of Douglas Esquire and others are Appellants, and the Most Noble George James Duke of Hamilton and others are Respondents:

And Consideration being had thereof accordingly:

Interlocutor reversed:

Proposed, “To reverse the Interlocutor complained of.”

Which being objected to:

After long Debate;

The Question was put thereupon. It was resolved in the Affirmative.

DISSENTIENT.

Profest thereupon

ist, Because, upon the Whole of the Evidence, it appears to us, That the Appellant has not proved himself to be the Son to Lady Jane Doughs, and consequently not entitled to the Character of Heir of Tailzie and Provision to Archibold Duke of Douglas.

2dly, Because we are of Opinion, That it is proved, that the Appellant is not the Son of Lady Jane Dougles.

“Bedford. Bristol, C. P. S. Sandwich. Dunmore. Milton.”

Judgement,

Whereupon the following Order and Judgement was made; videlicet,

After hearing Counsel, as well on Thursday the 19th, Friday the 20th, Monday the 23d, Tuesday the 24th, Wednesday the 25th, and Thursday the 26th, Days of January last, and on Monday the 6th, Tuesday the 7th, Friday the 10th, Tuesday the 14th, Monday the 20th, and Tuesday the 21st, Days of this instant February, upon the Petition and Appeal of Archibald Douglas of Douglas Esquire, and of Margaret Duchess Dowager of Douglas, and Charles Duke of Queensberry and Dover, his Curators or Guardians, complaining of an Interlocutor of the Court of Session in Scotland, of the 15th Day of July 1767; and praying, “That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet:” As also, upon the joint and several Answer of the Most Noble George James Duke of Hamilton, Lord Douglas Hamilton, and their Tutors, Sir Hew Dalrymple of North Berwick Baronet, the Right Honour able Lady Ann Dusign Sifter of John Earl of Hyndford deceased, and One of the Heirs of Line to Archibald Duke of Douglas deceased, Gerard Dusign Esquire, Husband of the said Lady Ann, for his Interest; as also, upon the joint and several Answer of Charles O Hara the younger, and William Henry King 0 Hara Esquires, the only Sons of Charles O Hara and the Right Honourable the Lady Mary 0 Hara deceased, late Wife of the said Charles, which said Lady Mary was One of the Sifters of the late John Earl of Hyndford, One of the Heirs of Line to Archibald Duke of Douglas deceased, and of the said Charles O Hara the Husband of the said late Lady Mary, for their several and respective Interests, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Interlocutor complained of in the said Appeal be, and the same is hereby reversed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Martii, jam prox. sequen. hora undecima Auroræs, Dominis sic decernentibus.

Footnotes

1 Origin Foundation.