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Cleghorn et al. against Dempfter et al.

Bp. Oxford to preach on 30th January.

King's Anfwer to Addreffes.

Ilchefter, Carifle, Chester,

and Warwick Debtors Petitions.

Lords fummoned:

Motion for Thanks to Sir Arthur Wellesley:

It is ORDERED, That this Houfe will hear the faid Caufe, by Counfel at the Bar, on the first vacant Day for Caufes, after thofe already appointed.

The House being moved, "That a Day may be ap"pointed for hearing the Crofs Appeal wherein Hugh "Cleghorn Efquire and others are Appellants, and "Charles Dempfter and others are Refpondents :"

It is ORDERED, That this Houfe will hear the faid Crofs Appeal, by Counsel at the Bar, at the fame Time with the Original Appeal, wherein Charles and Cathcart Dempfters and James Begbie are Appellants, and Hugh Cleghorn Efquire and others are Refpondents.

ORDERED, That the Lord Bishop of Oxford be, and he is hereby defired to preach before this Houfe on Monday the Thirtieth Day of this inftant January, in the Abbey Church, Westminster.

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"Because it has been established by Evidence in a Protest "public Court, that Lieutenant General Sir Harry thereupon; "Burrard was in the Field at Vimiera, throughout the "Action, exercifing Command; and an Officer placed by his Sovereign at the Head of an Army has not the "Power of difqualifying himself or divesting himself of "the Truft repofed in him: On which Account I cannot agree to leave out the Name of Lieutenant Ge"neral Sir Harry Burrard (no Neglect or Misconduct "being imputed to him) from the Thanks to be bestowed on those who achieved the glorious Victory gained upon that Occafion.

The Lord Chamberlain reported, "That the Lords "with White Staves had (according to Order) prefented to His Majefty the Address of this House of Thursday" "laft; to which His Majefty was pleased to give the "following moft Gracious Answer:

My Lords,

"I thank you for your loyal and dutiful Addrefs. "I feel great Satisfaction at the Affurances I have re"ceived from you, that you are determined moft cor"dially to fupport Me in the Profecution of the War in "which I am engaged, and that you will proceed with દર as little Delay as poffible to confider of the most "effectual Measures for the Augmentation of My Army, "and for enabling Me to avail Myfelf of the Military "Power of My Dominions."

ORDERED, That the faid Addrefs, together with His Majefty's moft Gracious Answer thereto, be forthwith printed and published.

The Lord Chamberlain alfo reported, "That the "Lords with White Staves had (according to Order) "waited on His Majefty with their Lordships Addrefs “of Thursday the 30th of June 1808, relative to the "remunerating the Counsel to the Chairman of the "Committees of this Houfe; and that His Majefty was pleased to say, He would give Directions accordingly."

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Upon reading the Petition of the Perfons confined for Debt in Ilchefter Gaol, in the County of Somerset : Alfo, Upon reading the Petition of the Debtors confined in His Majefty's Gaol at Carlisle :

Alfo, Upon reading the Petition of the Perfons confined for Debt in Chester City and County Gaols:

And alfo, Upon reading the Petition of the feveral and refpective Perfons, being Debtors and Prisoners for Debt, in His Majesty's Gaol or Prison of and for the County of Warwick; feverally complaining of their Distress and praying Relief:

It is ORDERED, That the faid Petitions do lie on the Table.

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"HASTINGS, &c. "ROSSLYN.'

Then the Question was put on the original Motion.

to.

It was refolved in the Affirmative. RESOLVED, Nemine Diffentiente, That the Thanks of Original Mo this House be given to the Right Honourable Lieute- tion agreed nant General Sir Arthur Wellesley, Knight of the Most Honourable Order of the Bath, for the di'tinguished Valour, Ability, and Conduct difplayed by him on the 17th and 21st of August laft in Portugal, on the latter of which Days he obtained at Vimiera, over the Army of the Enemy, a fignal Victory, honourable and glorious to the British Arms.

ORDERED, That the Lord Chancellor do commu

nicate the faid Resolution to Sir Arthur Wellesley.

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RESOLVED, Nemine Diffentiente, That the Thanks of Thanks to this House be given to Major General Spencer, Major Spencer and Major-Gen. General Hill, Major General Fergufon, Brigadier Ge- others. neral Ackland, Brigadier General Nightingale, Brigàdier General Fane, and Brigadier General Bowes, and the feveral Officers of the Army, for their fkilful and gallant Exertions against the Enemy, in the Battles of Roleia and Vimiera, by which they reflected fo much Luftre on His Majesty's Arms.

RESOLVED, Nemine Diffentiente, That this House doth highly approve of and acknowledge the steady and difciplined Valour difplayed by the Non-commiffioned Officers and Private Soldiers of the Army on the above Occafion, and that the fame be fignified by the Commanders of the feveral Corps, who are defired to thank them for their diftinguished and exemplary Conduct.

ORDERED, That the Lord Chancellor do communicate the faid Two laft Refolutions to Sir Arthur Wellesley.

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Epus. Hereford.

Earl Clan

carty takes the Oaths.

Prohibited
Eaft India
Goods, &c.
Accounts
delivered.

fuerunt:

Ds. Eldon, Cancella- Ds. Walfingham.

rius.

Comes Camden,

Præfes.

Comes Liverpool.
Comes Clancarty.

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No. 1. "An Account of prohibited Eaft India Goods imported into the Coast, Surat, and Private Trade "Warehouses in New Street, Bishopfgate Street, and the Baggage Warehoufe in Saint Helens, in the Port of London, from Michaelmas 1807 to Michaelmas 1808; "what delivered out for Exportation during that Pe"riod, and what remained in the faid Warehouses at "Michaelmas 1808."

2. "An Account of prohibited Eaft India Goods in "the Bengal Warehoufe, New Street, Bishopfgate Street, "in the Port of London; what imported from Mi"chaelmas 1807 to Michaelmas 1808; alfo what exported during that Period, and what remained in the

"faid Warehouse at Michaelmas 1808."

3. "An Account of prohibited Eaft India Goods "remaining in His Majefty's Warehouse in the Port of "London at Michaelmas 1807; what have been brought "in, what exported, and what remained at Michaelmas 1808."

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"the Out Ports, from Michaelmas 1807 to Michaelmas
" 1808."

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8. "An Account of the Number of Veffels which "have been employed in the Whale Fishery, to Davis's Streights, and the Greenland Seas; diftinguishing "their Names, Tonnage, Ports from whence they were "fitted out, Ports where they were difcharged; and "alfo the Quantity of Blubber imported in each Ship, "in the Year 1808."

9. "A Lift of Perfons who were employed in "the Service of the Cuftoms, and have been placed upon the Superannuated Fund, fince the 5th January "1808."

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10. "An Account of Patent Offices abolished fince "the last Returns to the Houfe of Lords and Commons, "prefented 2d February 1808, conformably to the Act "38th Geo. III. Chap. 186.; and where it has been "found neceffary to make new Appointments for the "Execution of the Duties."

And then they withdrew.

And the Titles thereof, being read by the Clerk;
ORDERED, That the faid Accounts do lie on the
Table.

,

vocate for

Upon reading the Petition and Crofs Appeal of the M Kenzie et Honourable Mrs. Maria M'Kenzie of Cromarty, and Ux. agaiet Edward Hay M'Kenzie of Newhall, Efquiré, her Huf- the Lord Adband, for his Intereft; complaining of Two Interlocu- Scotland. tors of the Lords of Seffion in Scotland, of the 26th of January 1803, and 19th of May 1808; and praying, "That the fame may be reverfed, varied, or altered, or "that the Appellants may have fuch other Relief in the "Premises as to this Houfe in their Lordships great "Wisdom fhall feem meet; and that His Majesty's Ad"vocate for the Intereft of the Crown may be required "to answer the faid Appeal:'

It is ORDERED, That His Majefty's faid Advocate for Scotland may have a Copy of the faid Appeal, and do put in his Anfwer thereunto, in Writing, on or before Tuesday the 21ft Day of February next; and Service of this Order upon the faid Refpondent, or upon any One of his Procurators or Agents in the Court of Seffion in Scotland, fhall be deemed good Service.

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Upon reading the Petition of Sir William Johnston Sir W. Johns Baronet, Appellant in a Caufe depending in this House, ston against to which Thomas Jeudwine and Doctor Alexander Jeudwine and Dauney. Dauney, are Refpondents; fetting forth, "That the "Petitioner exhibited his Appeal to their Lordships on "the 3d of June laft, from certain Interlocutors of the "Court of Seffion in Scotland, and obtained an Order "for the Refpondents to put in their Anfwer on or "before the First Day of July thereafter; that the faid "Order was duly ferved on the Refpondents Agent in "Scotland; but the Refpondents have not as yet put "in any Anfwer to this Appeal, and the Petitioner's "Agent has neglected to tranfmit an Affidavit of the "Service of the faid Order;" and therefore praying, "Their Lordships further Order for the Refpondents to put in their Anfwer to the faid Appeal, within fuch "limited Time as to their Lord fhips fhall feem meet:"

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It is ORDERED, That the faid Refpondents do put in their Anfwers or refpective Answers thereunto, in Writing, on or before Tuesday the 21ft Day of February next; and Service of this Order upon the faid Re

5

fpondents,

Magiftrates of Edinburgh againft Tod

et al.

Thompson

fpondents, or upon any of their known Counfel or
Agents in the Court of Seffion in Scotland, fhall be
deemed good Service.

Upon reading the Petition of the Lord Provost and
Magiftrates of Edinburgh, Appellants in a Caufe depend-
ing in this Houfe, to which Meffieurs Tod and Stoddart
and others are Refpondents; setting forth, "That this
"Cause has been fet down ex parte by the Appellants,
"and no Appearance has ever been made for the Re-
fpondents therein; that the Matter at Iffue by this
"Appeal being in a Train of Accommodation, the
"Petitioners are defirous that the fame fhould be poft-
"poned till after the Caufes already appointed for
"hearing;" and therefore praying, "That this Caufe
may be so postponed accordingly:"

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Portioner at Cardowan, Robert Micklejohn, Weaver
at Cardowan, Alexander Campbell Writer in Glaf-
gow, and Walter Macmillan Manufacturer there,
Trustees of the deceafed George Refton Portioner of
Budhill at Skettlestone; complaining of Two Interlo-
cutors of the Lords of Seffion in Scotland, the First
dated the 5th and figned the 9th of June 1807, and the
other dated the 31st of May 18c8; and praying, "That
"the fame may be reverfed, varied, or altered, or that
"the Appellants may have fuch other Relief in the
"Premifes, as to this Houfe in their Lordfhips great
"Wisdom fhall feem meet; and that George Refton
"Junior, may be required to answer the faid Appeal :"

It is ORDERED, That the faid George Reflon may have
a Copy of the faid Appeal, and do put in his Answer
thereunto, in Writing, on or before Wednesday the

It is ORDERED, That the faid Cause be put off till after 22d Day of February next; and Service of this Order all the Causes already appointed, as defired.

ORDERED, That the hearing of the Errors argued, against Beale, affigned upon the Writ of Error, wherein William

in Error.

Steel et al. against Wemyfs.

Lords fummoned.

Adjourn.

upon the faid Refpondent, or upon his known Counsel
or Agent, in the Court of Seffion in Scotland, fhall be
deemed good Service.

Thompson is Plaintiff, and John Beale is Defendant, which Moore, refiding in Port Glasgow, the Pracies of the Clyde against Steel.
Upon reading the Petition and Appeal of Benjamin Moore et al.

ftands appointed for Monday next, be put off to
Wednesday next; and that the Judges do then attend.

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The House being moved, "That a Day may be appointed for hearing the Caufe, wherein Alexander Steel "and others are Appellants, and Lieutenant General "William Wemyss is Refpondent:"

Society of Port Glasgow, William Scott Copper Smith
there, and James Fofter Surgeon there, for themselves
and the other Managers of the faid Society; complain-
ing of Two Interlocutors of the Lords of Seffion in
Scotland of the 9th of July, and the 22d of November
1808; and praying, "That the fame may be reversed,
"varied, or altered, or that the Appellants may have
"fuch other Relief in the Premifes, as to this House in

It is ORDERED, That this Houfe will hear the faid
Caufe, by Counfel at the Bar, on the firft vacant Day" their Lordships great Wisdom fhall feem meet; and
for Caufes, after those already appointed.

ORDERED, That all the Lords be fummoned to attend the Service of the House To-morrow.

Dominus Cancellarius declaravit præfens Parliamentum continuandum effe ufque ad et in diem Mercurii, vicefimum quintum diem inftantis Januarii, horâ undecimâ Aurora, Dominis fic decernentibus.

"that Elizabeth Steel, Widow of Alexander Malcolm
"Merchant in Port Glasgow, thereafter Vendue Master
"in Glasgow, may be required to answer the faid
Appeal:"

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It is ORDERED, That this Houfe will hear the faid

Domini tam Spirituales quam Temporales præfentes Caufe, by Counsel at the Bar, on the first vacant Day

Archiep. Cantuar.

Epus. Carliol.
Epus. Bangor.

Macmillan et al. against Refton.

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PRAYERS.

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Upon reading the Petition and Appeal of Andrew
Macmillan, Merchant in Glasgow, John Micklejohn Junior,

9

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et al

Steel.

49

Thanks to
Rear Adm.
De Courcy,

and others.

GEO. III.

Journals of the House of Lords.

RESOLVED, Nemine Diffentiente, That the Thanks of
this House be given to Lieutenant General Sir David
Baird, Second in Command of His Majefty's Army em-
ployed in Spain; to Lieutenant General the Honourable
John Hope, who, in confequence of the Wounds received
by that invaluable and much-lamented Officer Lieute-
nant General Sir John Moore the late Commander of the
Forces, and by Lieutenant General Sir David Baird,
had fucceeded to the Command in the Field during
the Action; to Lieutenant General Alexander Mackenzie
Frafer, to Major Generals Lord William Bentinck, Coote
Manningham, the Honourable Edward Paget, Rowland
Hill, William Carr Beresford, Harry Warde, and James
Leith; to Brigadier Generals John Slade, Moore Difney,
and Henry Fane, and to the feveral Officers who ferved
in the Army under the Command of the late Lieutenant
General Sir John Moore, Knight of the moft Honourable
Order of the Bath, for their distinguished Conduct and
exemplary Valour displayed in the Battle of Corunna,
whereby the complete Repulfe and fignal Defeat of the
Enemy on every Point of Attack was effected, and the
fafe and unmolefted Embarkation of the Army fecured
in the Presence of a French Army of superior Force.

RESOLVED, Nemine Diffentiente, That this House does
highly approve of and acknowledge the diftinguished
Difcipline, Firmness, and Valour displayed by the Non-
commiffioned Officers and Private Soldiers of the Army
under the Command of the late Lieutenant General Sir
John Moore, Knight of the most Honourable Order of
the Bath, in the Battle of Corunna; and that the fame
be fignified to them by the Commanders of the feveral
Corps, who are defired to thank them for their intrepid
and exemplary Conduct.

ORDERED, That the Lord Chancellor do communicate the faid Refolutions to Lieutenant General Sir David Baird.

RESOLVED, Nemine Diffentiente, That the Thanks of this Houfe be given to Rear Admiral Michael De Sir S. Hood, Courcy, and to Rear Admiral Sir Samuel Hood Knight of the most Honourable Order of the Bath, and to the Officers under their Command, for their most effectual and able Disposition of the Ships and Transports under their Command, and for their great Exertions in effecting the Embarkation of His Majefty's Troops at Corunna, after the Battle of the 16th of January 1809.

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The fame was accordingly read by the Clerk.
Then the following Amendments were proposed to be
made to the faid Refolution:

"L. 5. After ("Fane ") leave out ("and")
"L. 6. After ("Brigadier General Bowes")
"infert (“and Brigadier General Craufurd”).”
The fame were agreed to, and ordered accordingly.

Imports and ORDERED, That the proper Officer do lay before this
Exports, Ac- Houfe the following Accounts, as foon as the fame can
refpectively be made up:

counts of, ordered.

"A comparative Account of the total Value, official and "real, according to the Average Prices of the laft Three "Years, of all Imports and Exports from Great Britain, "for Three Years, ending the 10th of October 1808; VOL. XLVII.

"diftinguishing each Year, and Foreign Produce from
"British Produce and Manufactures :"

Alfo, "A fimilar Account for Three Years ended
the 5th of January 1809."

Alfo, "An Account of the official and real Value of "all Imports and Exports between Great Britain and "the United States of America for Three Years. to the "lateft Period for which the fame can be given; diftinguishing each Year, and the principal Articles of fuch Imports and Exports, and alfo Foreign Merchandize "from British Produce and Manufacture."

66

And alfo," An Account of all Imports of Provifions "and Lumber into His Majefty's Colonies in the West "Indies for Three Years, to the latest Period for which "the fame can be given; diftinguifhing each Year, each "Island or Colony refpectively, the principal Articles, " and the feveral Countries from which fuch Articles "were imported."

Dominus Cancellarius declaravit præfens Parliamen- Adjourn. tum continuandum effe ufque ad et in diem Jovis, vicefimum fextum diem inftantis Januarii, horâ undecimâ Aurora, Dominis fic decernentibus.

IE Jovis, 26° Januarii 1809.

DIE

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Domini tam Sprirituales quam Temporales præfentes

Archiep. Cantuar.
Archiep. Ebor.
Epus. Carliol.
Epus. Exon.
Epus. Sarum.
Epus. Fernen, &c.
Epus Cloynen.

PRAYERS.

fuerunt:

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17

Ds. Douglas of Loch-
leven.

Ds. Auckland.
Ds. Mulgrave.
Ds. Hood of Cather-
ington.
Ds. Wellesley.
Ds. Bayning.
Ds. Bolton.
Ds. Wodehoufe.
Ds. St. Helens.
Ds. Redefdale.
Ds. Arden.
Ds. Ailfa.

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Lyell against Gilchrift.

Mackenzie et Ux. against the Lord Advocate for

Scotland.

M'Donnell et al. against M'Donald.

It is ORDERED, That the faid Alexander Mundell may enter into a Recognizance for the faid Appellant, as defired.

The House being informed," That Clementina "Sarah Drummond and others, Refpondents to the Appeal of Charles Edward Drummond, had not put in "their Answer to the faid Appeal, though duly ferved "with the Order of this Houfe for that Purpose:"

And thereupon an Affidavit of David Turnbull Writer in Edinburgh, of the due Service of the faid Order being read:

ORDERED, That the faid Refpondents do put in their Answer to the faid Appeal, peremptorily, in a Week.

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Upon reading the Petition of George Lyell, Appellant in a Caufe depending in this Houfe, to which Ebenezer Gilchrift is Refpondent; fetting forth, "That the Peti"tioner exhibited his Appeal to their Lordships on the 27th Day of January laft, from certain Interlocutors "of the Lord Ordinary and the Court of Seffion in "Scotland, and obtained their Lordships Order for the Refpondent to put in his Anfwer on or before Wed"nefday the 24th Day of February laft; that the faid "Order was duly ferved on the Refpondent's Agent in "Scotland, but the Refpondent has not as yet put in his "Anfwer to the faid Appeal; and the Petitioner's Agent "in Scotland having neglected to tranfmit an Affidavit of "the Service of the faid Order, the Petitioner there"fore prays their Lordfhips further Order, for the Refpondent to put in his Anfwer to the faid Appeal, "within fuch limited Time as to their Lordships fhall

"feem meet.":

It is ORDERED, That the faid Refpondent do put in his Answer thereunto, in Writing, on or before Thursday the 24th Day of February next; and Service of this Order upon the faid Refpondent, or upon any of his Procurators or Agents in the Court of Seffion in Scotland, shall be deemed good Service.

The Houfe being moved, " That a Day may be ap"pointed for hearing the Crofs Appeal wherein the Ho"nourable Mrs. Maria Mackenzie and Edward Hay "Mackenzie Efquire, are Appellants, and His Majefty's "Advocate for Scotland, on Behalf of His Majelty, is Refpondent:"

66

It is ORDERED, That this Houfe will hear the faid Cross Appeal, by Counsel at the Bar, at the fame Time with the Original Appeal, wherein His Majefty's Advocate for Scotland, on Behalf of Itis Majefty, is Appellant, and the Honourable Mrs. Maria Hay Mackenzie and Edward Hay Mackenzie Efquire, are Refpondents.

The House being moved, "That a Day may be ap. "pointed for hearing the Caufe wherein Alexander "M'Donnell Efquire and others are Appellants, and "Donald McDonald Surgeon is Refpondent :"

It is ORDERED, That this Houfe will hear the faid Caufe, by Counsel at the Bar, on the first vacant Day for Caufes after thofe already appointed.

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It is ORDERED, That this Houfe will hear the faid Caufe, ex parte, by Counsel at the Bar, on the first vavant Day for Caufes after thofe already appointed, unlefs the Refpondents put in their Anfwer thereto in the' mean Time.

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Baillie et al.

Upon reading the Petition and Appeal of Quintin Dick & Pens Decree or Decretal Order of the Court of Chancery, Dick Efquire, and George Pengree, complaining of a gree against of the 16th Day of February 1808, made in a certain Caufe wherein Quintin Dick and George Pengree, furviving Affignees of the Estate and Effects of Miles Barber, a Bankrupt, and alfo Two of the Creditors of the faid Bankrupt, at the Time he became Bankrupt, and alfo at the Time of the Execution of the Indenture Plaintiffs; and Collin Baillie, George Baillie, Nathaniel of Affignment of the 9th Day of January 1787, were Snell, Robert Lang, John Turing, and Eric Mackay now Lord Reay, Richard Crawfhay, William Taylor, William Clay, and John Barnes, were Defendants; and praying, "That the fame may be reversed, or varied, "in fuch Manner as to this Houfe in their Lordships great Wisdom fhall feem meet; and that the faid "Collin Baillie, George Baillie, Nathaniel Snell, Robert Lang, John Turing, and Eric Mackay now Lord Reay, Richard Crawfhay, William Taylor, William Clay, and John Barnes, may be required to anfwer "the faid Appeal :"

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66

It is ORDERED, That the faid Collin Baillie, and the several other Perfons laft named, may have a Copy of the faid Appeal, and do put in their Anfwer or refpective Anfwers thereunto, in Writing, on or before Thurfday the 9th Day of February next; and Service of this Order upon the Clerks in Court of the faid Refpondents, in the faid Court of Chancery, fhall be deemed good Service.

A Petition of Richard Campbell Bazett Efquire, Bazett for a praying Leave to bring in a Bill to diffolve his Marriage Divorce Bill: with Margaret Ann his now Wife, and to enable him to marry again, and for other Purposes therein mentioned, being offered to be prefented to the Houfe;

The House was informed, "That Mr. Francis Mac"coburn the younger was attending ;"

He was ordered to be called in; and, being called in accordingly, and fworn at the Bar, delivered a Copy of the Proceedings for a Divorce a Menfá et Thoro, and the Definitive Sentence in the Confiftory Court of the Bishop of London, intituled, "Bazett against Bazett,"

which,

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