House of Lords Journal Volume 29: January 1758

January 1758

DIE Martis, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cahill against Meager.

The Answer of Frances Meager Widow, to the Appeal of John Cahill Esquire, was brought in:

Graham against Maule.

As was also, the Answer of Elizabeth Maule to the Appeal of James Graham Esquire.

Address of Condolance on the Death of the Princess Caroline.

Ordered, That an humble Address be presented to His Majesty, "To condole with His Majesty on the Death of that most virtuous and excellent Princess His Majesty's beloved Daughter the Princess Caroline; and humbly to express our deep Concern on this melancholy Occasion."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Bishop of Salisbury to preach on the Fast Day.

Ordered, That the Lord Bishop of Salisbury be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the 17th Day of February next, being the Day appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast.

Counts Leslie against Grant and Orme.

Upon reading the Petition and Appeal of Charles Cajetan Count Leslie and Antonius Count Leslie of Balquhaine; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 30th of November and 21st of December 1757; and of Two Interlocutors of the Macers of the Court of Session, of the 23d and 30th of December 1757; and also of another Interlocutor of the said Lords, of the 5th of this Instant January; and praying, "That the said Interlocutors may be reversed or varied, and such other Relief given the Appellants as to this House in their Lordships great Wisdom shall seem just; and that Peter Grant and David Orme Writer in Edinburgh his Tutor in Litem may be required to answer the said Appeal:"

It is Ordered, That the said Peter Grant and David Orme 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 14th Day of February next; and Service of this Order upon any of their Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

E. Crawfurd & al. against Martin & al.

Upon reading the Petition and Appeal of George Earl of Craufurd and Lindsay, and of George Ross Esquire, his Trustee; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th of July and 20th of December 1757; and praying, "That the same may be reversed or varied; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that David Martin of Clearmouth and others, Creditors of William late Earl of Craufurd, Parties to the Process of Ranking in the said Appeal mentioned, may be required to put in their Answer thereto:"

It is Ordered, That the said David Martin and others, Creditors of the said Earl, 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 14th Day of February next; and Service of this Order upon any of their Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii, decimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 18^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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, To-morrow.

King's Answer to Address of Condolance.

The Lord Chamberlain reported, "That the Lords with White Staves had (pursuant to the Order of Yesterday) presented to His Majesty their Lordships Address of Condolance, upon the Death of the Princess Caroline; and that His Majesty was pleased to say, He thanked the House of Lords, for the Concern and Affection they express for Him on this melancholy Occasion."

His Majesty's Advocate against D. Gordon:

Upon reading the Petition of His Majesty's Advocate, Appellant in a Cause depending in this House, wherein the Duke of Gordon and others are Respondents, which stands appointed for Hearing; praying, "In regard the Subject-matter of the Appeal is under Accommodation; that the said Hearing may be put off till the Second Day for Causes after Easter:"

It is Ordered, That the Hearing of the said Cause be put off to the First Day for Causes after those already appointed.

Graham against Maule.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Graham is Appellant, and Elizabeth Maule 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.

Ross against Ross.

After hearing Counsel in Part, in the Cause wherein Colonel James Ross is Appellant, and Alex'r Ross Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Wentworth's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Wentworth Esquire with Dorothea Pilkington his now Wife; and to enable him to marry again; and for other Purposes therein mentioned," and hearing of Counsel for and against the same, which is appointed for To-morrow, be put off till Friday next; and that the several Persons, who were ordered to attend as Witnesses upon the said Second Reading, do then attend.

Causes removed.

Ordered, That the Cause which stands appointed for Friday next be put off till Monday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mutiny Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters:"

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

Ross against Ross.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Colonel James Ross of Balnagowan; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 27th of February 1756; and also of Two Interlocutors of the Lords of Session of the 29th of July and 11th of August 1756; and praying, "That the said Interlocutors might be reversed or varied; and that this House would give the Appellant such Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of Alexander Ross of Pitcalnie, and his Trustee David Ross Writer in Edinburgh, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Advocate against the D. of Montrose & al.

The Answer of William Duke of Montrose, James Stewart, and others, to the Appeal of His Majesty's Advocate for Scotland, on Behalf of His Majesty and Neil Campbell and others, was brought in.

Gouldney & al. to amend their Appeal.

Upon reading the Petition of Thomas Gouldney and others, Appellants in a Cause depending in this House, wherein William Hayward Esquire Serjeant at Law is Respondent; setting forth, "That the Decree appealed from in this Cause, being pronounced the 16th Day of May 1757, near the Determination of the last Session of Parliament; the Petitioners, to prevent the same being carried into Execution, were obliged to appeal from the Minutes of the said Decree; and that the said Decree has been since drawn up, which makes it necessary for the Petitioners to amend their said Appeal in some Particulars;" and therefore praying, "That they may be at Liberty to amend their said Appeal, they amending the Respondent's Copy:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired; they amending the Respondent's Copy.

Wentworth'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 Godfrey Wentworth Esquire with Dorothea Pilkington 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 were accordingly called in.

And Mr. Perrot appearing as Counsel for the Bill:

But no Counsel appearing, on Behalf of Mrs. Wentworth, against it:

Alan Johnson was produced, to prove Service of the Order for giving her Notice of this Proceeding; who, being sworn, acquainted the House, "That, on the 6th of this Month, he served Mrs. Wentworth with the Order of this House, at York; and at the same Time delivered to her a true Copy of the Bill."

He was directed to withdraw.

And the said Bill was read a Second Time.

Then Mr. Perrot was heard, in Support of the Bill, and to make out the Allegations thereof:

And called the said Alan Johnson; who produced a Copy of an Entry in the Register Book of Marriages belonging to the Parochial Chapel of Woolley in the County of York, of the Marriage of Godfrey Wentworth with Dorothea Pilkington, on the 4th of March 1727; and testified, "That the same is a true Copy, he having examined it with the said Register Book."

And the same was read.

And the said Alan Johnson produced the Marriage Settlement, dated the 2d of March 1727.

And the same was read.

And the said Alan Johnson, being examined as to their Cohabitation, gave an Account, "That he has known Mr. Wentworth and Mrs. Wentworth many Years; and that they had Six Children, Four of which he knows are dead unmarried; and that Two Daughters are now living with Mr. Wentworth, or are under his Care; and that Mr. Wentworth and his Wife cohabited as Man and Wife, till about September or October, 1749, when they came to an Agreement to separate; and he believes they have lived apart, and not had any Intercourse, since that Time."

Then the Deed of Agreement for Separation and a separate Maintenance, dated the 9th of September 1749, was produced.

And Samuel Clarke Esquire was called in; and, being sworn, acquainted the House, "That he is a subscribing Witness to the said Deed, and saw the same executed by Mr. Wentworth and Sir Lionel Pilkington."

And then he was directed to withdraw.

Richard Purnel was called in; and, being sworn, acquainted the House, "That he was a subscribing Witness to the said Deed, and that he saw the same executed by Mr. Wentworth."

Then the said Deed was read.

Then the said Richard Purnel was asked, "When Mrs. Wentworth left Mr. Wentworth, and where she went to live?" And says, "She left Mr. Wentworth in October 1749; and then went to Mrs. Nevill's, at Cheate in Yorkshire."

Being asked, "Whether Mrs. Wentworth has had any Child since the Separation?" Says, "He believes she has not; he never heard she had any Child since the Separation."

He was directed to withdraw.

And the said Alan Johnson was again called in, and asked the last Question; and says, "He never heard that Mrs. Wentworth had any Child since the Separation."

He was directed to withdraw.

Then Sarah Whitehead was called, in order to prove the Adultery; who, being sworn and examined, gave an Account, "That, in 1755, she was Servant to George Hawkridge of Knaresborough Flax-dresser; and that Mrs. Wentworth lodged then at Mr. Mountain's at Knaresborough, and used to visit at her Master's House; that, about a Week before Martinmass 1755, Mrs. Wentworth came and lodged at her Master's House for Five Nights together: That, on Thursday before Martinmass Day, she, going into a Bed Chamber where Yarn was kept, saw Samuel Hawkridge her Master's Son and Mrs. Wentworth in Bed together, and told her Master and Mistress of it, who went to them, and insisted, that Mrs. Wentworth should leave the House that Day; but, a Post Chaise not being to be had, she did not go away till the next Day."

She was directed to withdraw.

Then Sarah Kell was called in, and sworn; and, being examined, gave an Account, "That the lived with Mrs. Wentworth as her Servant, from Martinmass 1754, to near Martinmass 1756; and that, when she was hired, Mrs. Wentworth lived at York and was visited by Mr. Frodsham one of the York Players and by one Camidge: That Frodsham came in the Evening generally, and stayed Two or Three Hours with her Mistress, sometimes in the Dining Room, and sometimes in the Bed Chamber, and the Door was always fastened: That, after such Visits, the Bed has often been so tumbled, that her Mistress has frequently ordered her to make it again: That Camidge often stayed all Night with her Mistress in her Bed Chamber; but the Door was always fastened: That one Night she (the Witness) going to her Bed Chamber, found Camidge's Cloaths there; upon which she went to her Mistress's Chamber, to see if he was there; but the Door was fastened; and early the next Morning she saw Camidge come out of her Mistress's Bed Chamber in his Shirt: That, about June 1755, Mrs. Wentworth went to live at Knaresborough, and lodged at Mr. Mountain's, where she became acquainted with Samuel Hawkridge, who used to visit her; and that one Day she (the Witness) going up to her Mistress's Dining Room, she found the Doors fast, and the Key taken out; and, looking through the Key Hole, she saw the said Samuel Hawkridge and her Mistress upon the Carpet, in the Act of Adultery: That afterwards her Mistress went to live at York again; and one Night, in November 1755, the said Samuel Hawkridge came to her Mistress's Lodgings, and, being told by the Witness that her Mistress was in Bed, he desired to be shewn to her, and was shewn to her, and went to Bed to her; and that she (the Witness) got Supper for them, and waited upon them at Supper when in Bed, and, by her Mistress's Direction, left some mulled Wine by the Bed Side: That, a little before Martinmass 1756, her Mistress went to Hull; and that, she going accidentally into her Mistress's Bed Chamber when she was in Bed, she saw a Man in his Shirt come out of Bed from her; she does not know his Name, but has heard he was a Mate of a Ship."

She was directed to withdraw.

Then Alan Johnson was again called in; and produced a Copy of the Definitive Sentence of Divorce, in the Consistory Court of the Archbishop of York, against Mrs. Wentworth, for Adultery, with Samuel Hawkridge and other Persons, of the 9th of June 1757.

And the said Alan Johnson testifying "That the same is a true Copy, he having examined it with the Original;" the same was read.

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, on Tuesday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Counts Leslies against Grant and Orme.

The Answer of Peter Grant and David Orme his Tutor in Litem, to the Appeal of Charles Cajetan Count Leslie and Antonius Count Leslie, was brought in.

E. of Kerry, Petition referred to Judges.

Upon reading the Petition of Francis Thomas Earl of Kerry and Lixnaw in the Kingdom of Ireland, a Minor, and Sir Maurice Crosbie Knight, Guardian of the Person and Estate of the said Earl; praying Leave to bring in a Bill, to empower the Petitioner Sir Maurice Crosbie to apply Part of the Personal Estate of the said Earl towards Satisfaction and Discharge of the Arrears and growing Payments of Two Annuities, charged on certain Collieries and Coal Mines belonging to the said Earl, in the County of Durham; and for other 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. 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.

Blunt's Petition referred to Judges.

Upon reading the Petition of Samuel Blunt Esquire and Sarah his Wife, on Behalf of themselves and their Daughter Charlotte, an Infant; praying Leave to bring in a Bill, for Sale of Part of the Petitioners settled Estate; and for purchasing other Lands and Hereditaments, to be settled in Lieu thereof:

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 Smythe; 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.

Fisher & al. Petition referred to Judges.

Upon reading the Petition of Thomas Fisher Gentleman, Mary his Wife, and Mary Woollett Spinster; praying Leave to bring in a Bill, to empower the Petitioner Mary Woollett (notwithstanding her Infancy) to convey her Estate and Interest in certain Lands in the County of Kent, and in Two several Sums of Two Thousand Pounds and Three Hundred Pounds, and the Lands to be purchased therewith, to the several Uses, Intents, and Purposes, agreed to be limited and declared concerning the same, by certain Articles of Agreement in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Bathurst and Mr. Justice Noel; 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.

Cahill to amend his Appeal.

Upon reading the Petition of John Cahill Esquire; setting forth, "That, on the 9th of December last, the Petitioner presented an Appeal to this House, praying to be relieved against Three several Orders made by the Court of Chancery in Ireland, of the 25th of April, 29th of June, and 14th of November last, in a Cause wherein Frances Meager Widow was Plaintiff, and the Petitioner and others were Defendants; and that, on the 1st of December last, the Lord Chancellor of Ireland made another Order in the said Cause; but the Petitioner, not having any Notice of the said last mentioned Order when his Appeal was presented, could not appeal therefrom;" and therefore praying, "That he may be at Liberty to amend his said Appeal, by adding thereto the said last mentioned Order:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by adding thereto the said Order of the 1st of December last, as desired; he amending the Respondent's Copy.

Ross to enter into Recognizance on Counts Leslies Appeal.

The House being moved, "That Mr. George Ross may be permitted to enter into a Recongnizance for Charles Cajetan Count Leslie and Antonius Count Leslie, on account of their Appeal depending in this House; they being in Parts beyond the Sea:"

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

Respondents peremptorily to answer the Earl of Blesinton's Appeal.

The House was informed, "That William Monsell and others, Respondents to the Appeal of William Earl of Blesinton, 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 George Cannon of the City of Dublin Gentleman, 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, within a Week.

Counts Leslies against Grant and Orme.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Cajetan, Count Leslie and Antonius Count Leslie are Appellants, and Peter Grant and David Orme are Respondents:"

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.

Sutherland against Graham & al.

After hearing Counsel in Part, in the Cause wherein Doctor Hugh Sutherland and others are Appellants, and Alexander Graham and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Taylor against Cox & al.; Writ of Error; Judges to attend.

Ordered, That the Cause upon the Writ of Error, wherein Cyprian Taylor on the Demise of John Atkyns Esquire is Plaintiff, and Charles Coxe Esquire and others are Defendants, which stands appointed for To-morrow, be put off till Wednesday next; and that the Judges do then attend; and that all the other Causes be removed in Course.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Chichester against E. of Donegall.

The Answer of Arthur Earl of Donegall in the Kingdom of Ireland, an Infant, by John Ludford Esquire, and of Richard Barry Esquire, to the revived Appeal of Anne Chichester, was brought in.

E. of Aylesford takes his Seat.

This Day Heneage Earl of Aylesford sat first in Parliament, after the Death of his Father Heneage Earl of Aylesford; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Sutherland & al. against Graham & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Doctor Hugh Sutherland Treasurer of the Borough of Kirkwall in Orkneys, and of the Magistrates, Town Counsellors, and Community, of the said Borough, with Concurrence of the Agent for the Royal Boroughs, for their Interest; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 16th of July 1755, and 24th of February 1756; and praying, "That the said Interlocutors might be reversed or varied, and the Appellants have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Alexander Graham and others, Inhabitants of the Village of Stromness in Orkney, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and made One Amendment thereto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Wentworth's Divorce Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Wentworth Esquire with Dorothea Pilkington 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 Willoughby of Parham 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.

Tuffnell, Leave for a Bill of Divorce.

Upon reading the Petition of George Forster Tuffnell Esquire; praying Leave to bring in a Bill, to dissolve his Marriage with Elizabeth Forster his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:

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

His Majesty's Advocate & al. against D. Montrose & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland and others are Appellants, and William Duke of Montrose and others Respondents:"

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.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brancepeth and Stockley Moors, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Wastes, or Commons, called Brancepeth and Stockley Moors, or Commons, within the Manor and Parish of Brancepeth, in the County of Durham;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Wentworth's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Godfrey Wentworth Esquire with Dorothea Pilkington 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 Mr. Burroughs and Mr. Edwards:

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

Mutiny Bill.

The Earl of Warwick (according to Order) reported the Amendment made by the Committee of the whole House to the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

Which Amendment was read, by the Clerk, as follows:

"Pr. 6. L. 36. After ["belonging"], insert ["excepting only in such Case wherein, by an Act passed in the Thirtieth Year of the Reign of His present Majesty, intituled, "An Act for the better Ordering of the Militia Forces, in that Part of Great Britain called England," the Officers of the Militia and Private Militia Men are subjected, and made liable to the same Articles, Rules, and Regulations, as His Majesty's other Forces"].

And the said Amendment, being read a Second Time, was agreed to by the House.

Taylor & al. against Coxe & al. in Error.

Counsel were called in, to be heard, in the Cause upon a Writ of Error brought into this House, in order to reverse a Judgement of the Court of King's Bench, wherein Cyprian Taylor, on the Demise of John Atkyns Esquire, is Plaintiff, and Charles Coxe Esquire and others are Defendants.

And the Counsel for the Plaintiff having been fully heard:

They were all directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Judges do then attend.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum sextum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Craufurd against Martin & al.

The Answer of David Martin and others, Curators of the deceased William Earl of Craufurd, to the Appeal of George Earl of Craufurd and Lindsay and George Ross Esquire his Trustees, was brought in.

Brancepeth Common and Stockley Moor, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Wastes, or Commons called Brancepeth and Stockley Moors, or Commons, within the Manor and Parish of Brancepeth, in the County of Durham."

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.

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

The Question was put, "Whether this Bill, with the Amendment, 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 Mr. Montague and Mr. Waple:

To return the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.

Dr. Delany to revive his Appeal.

Upon reading the Petition of the Reverend Doctor Patrick Delany, Appellant in a Cause depending in this House, wherein Thomas Tenison, William Tenison, and Samuel Head, Esquires, are Respondents; setting forth, That the Respondent William Tenison is lately dead, having made his Will, and thereof appointed Hariot Tenison Widow, James Edwards, and Thomas Tenison the Younger, Executors, who have proved the same;" and praying, "In regard the said Appeal is abated by the Death of the said Respondent, that the same may stand revived against the said Executors:"

It is Ordered, That the said Appeal do stand revived against the said Harriot Tenison, James Edwards, and Thomas Tenison the Younger; and that they put in their Answer or respective Answers thereunto on or before Thursday the 2d Day of March next.

Talbot & al. Petition referred to Judges.

Upon reading the Petition of Mathew Talbot of Talbots Town in the County of Wexford Esquire, Jane Talbot Spinster, Laurence Tool of Buckstown in the said County Esquire and Elizabeth Tool his Wife, Michael Sutton of Wexford Esquire and Margaret Sutton his Wife, Teresa Talbot of Wexford aforesaid Widow, and Thomas Houghton of Killmannuck in the said County Esquire, as Guardian, in Behalf of the said Margaret Sutton; praying Leave to bring in a Bill, for Sale or Mortgage of Part of the settled Estates of the Petitioners in the Kingdom of Ireland, towards discharging of Debts; and for other 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 Noel; 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.

Allan & al. against Couts & al.

Upon reading the Petition and Appeal of William Allan and Company, Merchants in Irvine; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 5th of August 1755; and of Three Interlocutors of the Lords of Session, of the 28th of January 1756, 12th of July 1757, and 13th of this Instant January; and praying, "That the same may be reversed, varied, or altered; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that Messieurs Couts Brothers and Company, Merchants in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Messieurs Couts Brothers and Company 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 23d Day of February next; and Service of this Order upon any One of their Procurators or Agents in the Court below shall be deemed good Service.

Taylor against Coxe & al. Writ of Error:

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Writ of Error wherein Cyprian Taylor on the Demise of John Atkyns Esquire is Plaintiff, and Charles Coxe Esquire and others are Defendants.

And the Counsel for the Defendants having been fully heard;

As also One Counsel for the Plaintiff, by Way of Reply:

They were all directed to withdraw.

Judges Opinions:

And it being proposed, "That the Judges may be directed to deliver their Opinions upon the following Question; videlicet,

"Whether sufficient appears, by the Special Verdict in this Cause, to prevent the Lessor of the Plaintiff, by Force of the Statute of Limitations of the 21st of King James the First, from recovering in this Ejectment?"

The same was agreed to.

And the said Question was accordingly put to the Judges.

Whereupon the Lord Chief Justice of the Court of Common Pleas, having conferred with the rest of the Judges, who all attended the Hearing (except Mr. Justice Bathurst), acquainted the House, "That they all agreed in their Opinion:" And thereupon his Lordship delivered their Reasons; and concluded with their Opinion, "That sufficient does appear, by the Special Verdict in this Cause, to prevent the Lessor of the Plaintiff, by Force of the Statute of Limitations, from recovering in this Ejectment."

Whereupon the following Order and Judgement was made:

Judgement affirmed.

"After hearing Counsel, as well Yesterday as this Day, to argue the Errors assigned upon a Writ of Error brought into this House, the 31st Day of March 1757, wherein Cyprian Taylor on the Demise of John Atkyns Esquire is Plaintiff, and Charles Coxe Esquire and others are Defendants, in order to reverse a Judgement given in His Majesty's Court of King's Bench for the said Defendants; and the unanimous Opinion of the Judges present having been delivered upon a Point of Law to them proposed; 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 Judgement given in the said Court of King's Bench be, and the same is hereby, affirmed; and that the Record be remitted: And it is hereby further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Five Pounds, for their Costs in this House."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows:

"On which Day, before the same Court of Parliament at Westminster, come as well the said Cyprian Taylor, as the said Charles Coxe, Thomas Horde, Ambrose Pitman, Thomas Hathaway, Justinian Hathaway, Samuel Archer, Anthony Ellis, John Partington, Stephen Hanks, Susanna Ellis, and Elizabeth Parker, in their proper Persons; but because the Court of Parliament aforesaid now here are not yet advised to give their Judgement of and upon the Premises, Day therefore is given, as well to the said Cyprian Taylor, as to the said Charles Coxe, Thomas Horde, Ambrose Pitman, Thomas Hathaway, Justinian Hathaway, Samuel Archer, Anthony Ellis, John Parlington, Stephen Hanks, Susanna Ellis, and Elizabeth Parker, before the same Court of Parment, until the Twenty-sixth Day of January next ensuing, wheresoever &c. to hear their Judgement thereon, because the Court of Parliament aforesaid here, thereof, not yet &c. On which Day, before the same Court of Parliament at Westminster, come as well the said Cyprian Taylor, as the said Charles Coxe, Thomas Horde, Ambrose Pitman, Thomas Hathaway, Justinian Hathaway, Samuel Archer, Anthony Ellis, John Partington, Stephen Hanks, Susanna Ellis, and Elizabeth Parker, in their proper Persons; whereupon, all and singular the Premises being seen, and by the Court of Parliament aforesaid now here more fully understood, and as well the Record and Proceedings aforesaid, and the Judgement thereon given, as the said Causes and Matters by the said Cyprian Taylor above for Error assigned, being diligently examined and inspected, and mature Deliberation being thereon had, it seems to the Court of Parliament aforesaid now here, that there is no Error, either in the Record and Proceedings aforesaid, or in the giving of the Judgement aforesaid, and that the said Record is in no wise vicious or defective; therefore it is considered, by the same Court of Parliament aforesaid, that the Judgement aforesaid be in all Things affirmed, and in full Force and Effect, the said Causes and Matters by the said Cyprian Taylor above for Error assigned in any wise notwithstanding; and it is further considered, by the same Court of Parliament aforesaid now here, that the said Charles Coxe, Thomas Horde, Ambrose Pitman, Thomas Hathaway, Justinian Hathaway, Samuel Archer, Anthony Ellis, John Partington, Stephen Hanks, Susanna Ellis, and Elizabeth Parker, do recover against the said Cyprian Taylor Five Pounds, to the same Charles Coxe, Thomas Horde, Ambrose Pitman, Thomas Hathaway, Justinian Hathaway, Samuel Archer, Anthony Ellis, John Partington, Stephen Hanks, Susanna Ellis, and Elizabeth Parker, with their Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute thereof made and provided, adjudged, for their Damages, Costs, and Charges, which they have sustained by reason of the Delay of the Execution of the Judgement aforesaid, by Pretence of prosecuting of the said Writ of Error; and thereupon the Record aforesaid, as also the Proceedings aforesaid in the same Court of Parliament, in the Premises had by the same Court of Parliament, to the Court of the said Lord the King Himself, wheresoever &c. are remitted &c."

Robinson against Hicks.

Ordered, That the Cause wherein William Robinson Clerk is Appellant, and Edmund Hickes alias Robinson Esquire is Respondent, which stands appointed for Tomorrow, be put off to Tuesday next.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 30^o Januarii.

Domini præsentes fuerunt:

PRAYERS.

Robinson against Hicks alias Robinson: Judges to attend.

Ordered, That the Judges do attend this House To-morrow, upon hearing the Cause wherein William Robinson Clerk is Appellant, and Edmund Hickes alias Robinson Respondent.

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 Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ross against Johnston.

The Answer of Peter Johnston, to the Appeal of Andrew Ross Esquire and others, was brought in.

Thanks to the Bishop of Peterborough, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Peterborough, for the Sermon by him preached before this House, Yesterday, in the Abbey Church Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Robinson against Hicks, alias Robinson.

Ordered, That the Hearing of the Cause wherein William Robinson Clerk is Appellant, and Edmund Hickes alias Robinson is Respondent, which is appointed for this Day, be put off till Friday next; and that the Judges do then attend; and that all the other Causes be removed in Course.

Lyme Regis, Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening several Roads, in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Kinloch & al. against E. Crawfurd & al.

Upon reading the Petition and Cross Appeal of David Kinloch, of Gilmertoun Esquire, and Mr. Hary Barclay of Collearnie Advocate, Creditors themselves, and as Trustees for the other Creditors, of the deceased William Earl of Crawfurd, and of the remanent Creditors of the said William Earl of Crawfurd; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 14th of July 1757; and praying, "That the same may be reversed or varied; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that George Earl of Crawfurd, and George Ross Esquire his Trustee, may be required to answer the said Appeal:"

It is Ordered, That the said George Earl of Crawfurd, and George Ross his Trustee, 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 28th Day of February next; and Service of this Order upon any of their Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

E. Sussex takes his Seat.

This Day Henry Earl of Sussex sat first in Parliament, after the Death of his Brother George Augustus Earl of Sussex; his Lordship having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Hay and Cuthbert peremptorily to answer the Appeal of His Majesty's Advocate.

The House was informed, "That Jean Hay and Alexander Cuthbert, Respondents to the Appeal of His Majesty's Advocate for Scotland, 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 David Lothian 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 Lord Irwin's Appeal.

The House was also informed, "That William Simpson and others, Respondents to the Appeal of Henry Lord Viscount Irwin, 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 William Slater of Whitkerk in the County of York Yeoman, 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 on Boyle's Appeal.

The House was also informed, "That Eyre Evans and others, Respondents to the Appeal of Bellingham Boyle Esquire, 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 Murray of the City of Dublin Yeoman, 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.

Hay peremptorily to answer the Appeal of His Majesty's Advocate.

The House was also informed, "That Jean Hay, Respondent to the Appeal of His Majesty's Advocate for Scotland, had not put in her Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

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

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

E. Blesinton against Monsell & al.: Pleadings proved.

The House being informed, "That George Cannon attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein William Earl of Blesinton in the Kingdom of Ireland is Appellant, and William Monsell and others are Respondents:"

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.

Brancepeth Enclosure and Stockley Moors, Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for dividing and enclosing certain Wastes, or Commons, called Brancepeth and Stockley Moors, or Commons, within the Manor and Parish of Brancepeth, in the County of Durham," which is appointed for To-morrow, be put off till Friday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tertium diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.