House of Lords Journal Volume 34: April 1776, 11-20

Die Veneris, 12^o Aprilis I776.

Domini tam Spirituales quam Temporales prsents fuerunt:

PRAYERS.

Elliot et al. against Wilson and Co.

The Answer of William Wilson and Company, Merchants in Glasgow, to the Appeal of Alexander Elliot, and others, was this Day brought in.

Ld Irwin et Ux. Leave to present a Petition for a Bill:

Upon reading the Petition of the Right Honourable Charles Lord Viscount Irwin, and Frances Lady Viscountess Irwin his Wife, on Behalf of, and for, their infant Children, the Honourable Isabella Ann Ingram Shepheard, Frances Ingram Shepheard, Elizabeth Ingram Shepheard, Harriot Ingram Shepheard, and Louisa Susannah Ingram Shepheard; setting forth, That the Petitioners have signed a Petition to their Lordships, praying, that Leave may be given to bring in a Bill for vesting several Estates, late of Samuel Shepheard, of Exning in the County of Suffolk, Esquire, deceased, in Trustees, to be sold; and for purchasing other Estates to be settled to the like Uses: That by the unavoidable Absence of Persons necessary to give Information with respect to the said Estates, the Petitioners could not present the said Petition, before the Time limited by their Lordships for receiving Petitions for Private Bills was elapsed: That, it will be a manifest Advantage to the said infant Children, who are the Persons entitled to the said Estates, to have the said Bill passed into a Law in the present Session of Parliament: And therefore praying their Lordships, That their Petition for Leave to bring in the said Bill, may be now received:

It is Ordered, That the Petitioners be at Liberty to present their said Petition, as desired.

Referred to Judges.

Accordingly, Upon reading the Petition of the Right Honourable Charles Lord Viscount Irwin, and Frances Viscountess Irwin his Wife, on Behalf of, and for, their infant Children, the Honourable Isabella Ann Ingram Shepheard, Frances Ingram Shepheard, Elizabeth Ingram Shepheard, Harriot Ingram Shepheard, and Louisa Susannah Ingram Shepheard; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Nares and Mr. Baron Hotham, 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.

Wriggles worths Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for discharging Part of the Estate of Nicholas Wrigglesworth, and Ayscogbe Wrigglesworth his eldest Son, from the Payment of a Yearly Sum of Thirty-five Pounds, given by Sir Edward Barkham, long since deceased, to charitable Uses, and of and from other Incumbrances; and for charging the same respectively upon a competent Part of the Estates of the said Nicholas Wrigglesworth, and his Son; and for vesting the Residue thereof in Trustees, to be fold, for the Payment of Debts, and 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 directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Newnhams Estate Bill.

The Lord Scarsdale made the like Report from the Lords, Committees, to whom the Bill, intituled, An Act for vesting Part of the Settled Estates of John Newnham Esquire, in the Counties of Huntingdon, Middlesex, and Suffix, and in the Cities of London and Canterbury, in Trustees, to be sold; and for purchasing other Estates in lieu thereof, to be settled to the same Uses, was committed.

Ordered, That the said Bill be engrossed.

Zincks Nat. Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, An Act for Bill naturalizing Henry Lawrence Zinck, 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.

D. Ancasters Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act: for vesting, in Trustees, the Settled Estate of the Most Noble Peregrine Duke of Ancaster and Kesteven, in the County of York, to discharge Incumbrances affecting the same, and other Part of the said Settled Estates; and for purchasing of Estates, to be settled to the several Uses therein mentioned.

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

Their Lordships, or any Five of them, to meet on Monday the 29th Day of this instant April, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Ld. Montfort et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Thomas Lord Montfort and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie1^a vice lecta est Billa, intituled, An Act for vesting the Real Estates Comprised in the Marriage Settlement of Thomas Lord Montfort, situate in the counties of Cambridge and Suffolk, and the Woods, Underwoods, Timber, and other Trees, growing and being thereon, in Trustees, and their Heirs, in Trust, to be sold and disposed of without the Concurrence of the said Thomas Lord Montfort; and for applying the Monies to arise by Sale thereof, in the Manner therein mentioned.

Dolmans Bill.

Hodie2^a vice lecta est Billa, intituled, An Act for vesting the Settled Estates of Robert Dolman, Esquire and Robert Dolman the Younger, in Pocklington, and elsewhere, in the Country of York, in Trustees, to be sold; and for laying out the Money arising by such sale, in the Purchase of other Lands and Hereditaments, to be settled in lieu thereof to the same Uses.

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 Monday, the 29th Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

Whitfelds Bill.

Hodie2^a vice lecta est Billa, intituled, An Act to enable John Whitfeld Esquire, to charge Part of his Settled Estates, in the Country of Northampton, in the Manner therein mentioned.

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

Their Lordships, or any Five of them, to meet no Tuesday, the 30th Day of this instant April, at the usual Time and Place; and to adjourn as they please.

Africa, Papers relating to delivered.

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

He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament of the 23d Year of King George the Second,

Copies of Reports made by Captain Cornwallis of The Pallas, to the Commissioners for executing the Office of Lord High Admiral of Great Britain, of the State and Condition of the Forts and Settlements on the Coast of Africa, in Possession of the Company of Merchants trading to that Place; together with a Schedule of the said Reports.

N^o1. State and Condition of Appollonia Fort, 17th March 1775.
2. State and Condition of Dixcove Fort, 18th March 1775.
3. State and Condition of Succondee Fort, 19th March 1775.
4. State and Condition of Commenda Fort, 19th March 1775.
5. State and Condition of Annamaboe Fort, 26th March 1775.
6. State and Condition of Tantumquerry Fort, 28th March 1775.
7. State and Condition of James Fort, Accra, 29th March 1775.
8. State and Condition of Winnebah Fort, 29th March 1775.
9. State and Condition of Williams Fort, Whydah, 4th April 1775.
10. State and Condition of Cape Coast Castle 1775.

And then he withdrew.

And the Titles thereof being ready by the Clerk:

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

Wriggles worths Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for discharging Part of the Estate of Nicholas Wrigglesworth and Ayscoghe Wrigglesworth his eldest Son, from the Payment of a yearly Sum of Thirty-five Pounds, given by Sir Edward Barkham, long since deceased, to charitable Uses, and of the same respectively upon a competent Part of the Estates of the said Nicholas Wrigglesworth and his Son; and for vesting the Residue thereof in Trustees, to be sold for the Payment of Debts, and other the Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Sternes Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for enabling the Trustees named in the Will of William Sterne deceased, to sell convey a Leasehold Estate vested in them by the said Will, upon certain Trusts therein mentioned, to George Hodgkinson Esquire, pursuant to Articles; and to lay out the Money arising by such Sale, in the Purchase of other Lands or Hereditaments to settled to the like Uses.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Hindes Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for settling certain Messuages, Lands, and Hereditaments, in the Parish of Saint Mary-le-Bone and Saint Pancras, or One of them, in the Country of Middlesex, to the Uses agreed to be thereof limited, in the Settlement made on the Marriage of Jacob Hinde Esquire, with Anne Thayer, now Anne Hinde his Wife, with Power to make such Leases thereof, as in the said Act are mentioned.

The Question was put, Whether this Bill Shall pass?

It was resolved in the Affirmative.

Chevaliers Nat. Bill:

Hodie3^a vice lecta est Billa, An Act for naturalizing Marie Magdelaine Chevalier.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the Four preceding Bills.

And Messages were, severally, ordered to be sent to the House of Commons, by Mr. Montagu and Mr. Leeds:

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

Zincks Nat Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for naturalizing Henry Lawrence Zinck

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Brecknock Paving, &c. Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for supplying the Borough and Town of Brecknock and Liberties thereof, with Water; and for paving, cleansing, regulating, and lighting, the Streets, Lanes, and Publick Passages there; and for widening and making commodious some of the said Streets, Lanes, and Passages.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Stonegrave, &c. Enclosure Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, the Open Undivided Common Fields, and Common Pastures, within the several Townships of Stonegrave, Westness, and Nunnington, in the North Riding of the Country of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Wooller Common Enclosure Bill.

Hodie3^a vice lecta est Billa, intituled, An Act for dividing and enclosing a Common or Moor called Wooller Common, in the Parish of Wooller, in the Country of Northumberland

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Ickleford Enclosure Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands and Grounds, in the Parish of Ickleford, in the County of Hertford.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Leicester.&c. Road Bill:

Hodie3^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers on an Act, passed in the Twenty-seventh Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing and widening the Road from Leicester to Narborough, and from Leicester to Country, and from thence through Kenilworth, to Warwick, and from thence to Halford Bridge, and from Warwick to Stratford upon Avon, and from Coventry, to Martyns Gutter, leading towards Stoneleigh Town; and for supplying an Omission in an Act, passed in the last Session of Parliament, for repairing the Road from Leicester to Ashby-le-Zouch, in the Country of Leicester; so far as the same relates to the Road from Coventry through Kenilworth, to Warwick, and from the said City of Coventry, to Martyns Gutter.

The Question was put, Whether this Bill shall pass?

It was resolved in he the Affirmative.

Bristol Port &c. Bill:

Hodie3^a vice lecta est Billa, intituled, An Act to remove the Danger of Fire amongst the Ships in the Port of Bristol, by preventing the landing certain Commodities on the present Quays; and for providing a convenient Quay, and proper Places, for landing and storing the same; and for regulating the said Quay, and Lighters, Boats and other Vessels, carrying Goods for Hire within the said Port of Bristol; and for other Purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Worcester &c. Road Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for continuing the Term, and altering explaining, and enlarging, the Powers of and Act, of the Twenty-sixth of King George the Second, for repairing and widening several Roads therein mentioned, in the Country of Worcester; and for repealing so much of an Act, of the Seventh Year of His present Majesty, as relates to the Road from Knightsford Bridge, to a certain House at Red Marley, in the Parish of Great Witley, in the said Country; and for putting the same under the Management of the Trustees for executing the said first-mentioned Act; and for amending other Roads therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Stainburne Enclosure Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for dividing enclosing, and improving, the Waste and Common Grounds, in the Township of Stainburne, in the Parish of Kirkby Overblow, in the Country of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Sutton upon Derwent Enclosure Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields, Meadows, and Pastures, within the Township of Sutton upon Derwent, in the East Riding of the Country of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Covent Garden Theatre Fund Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for securing a Fund belonging to certain Persons of the Theatre Royal Covent Garden, applicable to charitable Uses; and for other Purposes.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the Eleven preceding Bills.

And Messages were, severally, ordered to 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.

Stapilton Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Judges, to whom was referred the Petition of Henry Stapilton of Wighill, in the Country of the City of York, Esquire; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting Part of the Settled Estates of Henry Stapilton Esquire, at Wighill, in County of the City of York, in the said Henry Stapilton, in Fee-Simple; and for settling in lieu thereof, other Lands and Hereditaments of the said Henry Stapilton, lying contiguous to, and interspersed with, the Remainder of the said Settled Estates, and also the Types thereof, and of such Remainder, to the same Uses.

Rowley et al against Hamilton and Bainbridge.

Upon reading the Petition and Appeal of Hercules Langford Rowley, James Butler Morn, John Sherwin, Daniel Gregory, Joshua Rowley Esquire, and William his Son, complaining of a Decree of the Court of Chancery in Ireland, of the 18th of December I775, (but which was not made up and entered till the 27th of March last), made in Two certain Causes, in the First of which, Hercules Langford Rowely, James Butler Morn, John Sherwin, and Daniel Gregory, Esquires, Rowley knight, deceased, were Plaintiffs; and Henry Hamilton Esquire, Son and Heir, and also Administrator of the Personal Estate of John Hamilton his late Father deceased, and others, Defendants;and in the last, George Bainbridge, and the said Henry Hamilton, were Plaintiffs; and the said Hercules Langford Rowley, James Butler Morn, John Sherwin, Daniel Gregory, Joshua Rowley Esquire, and William his Son, by said Father and Guardian, and others, Defendants; and praying their Lordships, upon hearing the Merits of the said Causes, To grant the Petitioners such Relief in the Premises as shall he just; and that the said Henry Hamilton and George Bainbridge may be required to answer the said Appeal:

It is Ordered, That the said Henry Hamilton and George Bainbridge, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 17th Day of May next; and Service of this Order upon the said Respondents, or upon their Six Clerks, Agent, or Solicitor in the said Court of Chancery in Ireland, shall be deemed good Service.

Jackson against Hogan, Wirt of Error.

The House being moved, That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein Rowland Jackson Esquire is Plaintiff, and John Hogan is Defendant:

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

Elliot et al. against Wilson & Co.

The House being moved, That a Day may be appointed for hearing the Cause wherein Alexander Elliot and others, are Appellants, and William Wilson and Company, Merchants in Glasgow, 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.

Lords summoned.

Ordered, That all the Lords be summoned attend the House To-morrow, on Matters relative to the Trial of Elizabeth calling herself Duchess Dowager of Kingston.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum tertium diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Sabbati, 13^o Aprilis 1776.

Domini tam Spirituales quam Temporales prsentses fuerunt:

PRAYERS.

Newnhams Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for vesting Part of the Settled Estates of John Newham Esquire, in the Counties of Huntingdon, Middlesex, and Sussex, and in the Cities of London and Canterbury, in Trustees, to be sold; and for purchasing other Estates in lieu thereof, to be settled to the same Uses.

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. Leeds:

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

Leighs Bill.

Ordered, That the Committee, to whom the Bill, intituled, An Act for Sale of Part of the Estates late of John Leigh Esquire, deceased, for Payment of Mortgages and other Debts to which the said Estates are liable; and for other Purposes therein mentioned, stands committed, be revived, and meet on Friday the 26th Day of this instant April.

Plate Duty Account delivered.

The House being informed, That Mr. Mulso from the Excise Office attended.

He was called in; and delivered at the Bar, (pursuant to an Order of the 3d of the this instant April),

An Account of the Nett Produce of the Duty on Silver plate, imposed by an Act of the 29th Year of King George the Second, from 5th July 1763 to 5th July 1775, distinguishing each Year.

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Duchess of Kingston to be in custody of the Black Rod during her Trial.

The Ordered of the Day being read for the Lords to be summoned on Matters relative to the Trial of Elizabeth calling herself Duchess Dowager of Kingston:

It was moved, That in case the Trial of Elizabeth calling herself Duchess Dowager of Kingston, should last more than one Day, she remain in the Custody of the Gentleman usher of the Black Rod.

Which being objected to:

It was moved, That Extract out of the Journal, relating to Doctor Sachaverells. Bill Bond, might be read.

The same was accordingly ready by the Clerk.

After short Debate;

The Question was put, Whether to agree with the said Motion?

It was resolved in the Affirmative.

Whereupon,

Ordered, That in case the Trial of Elizabeth calling herself Duchess Dowager of King ston should late more than one Day, she remain in the Custody of the Gentleman Usher of the Black Rod.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, decimum quantum diem instantis Aprilis, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 15^o Aprilis 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Duchess of Kingstons Trial.

The Day being appointed to proceed to the Trial of Elizabeth calling herself Duchess Dowager of Kingston, upon the Indictment found against her:

Garter King at Arms was permitted to come to the Table; and the House was called over, beginning with the junior Baron, the Clerk setting down the Names of those Lords who were absent, and the said King at Arms marking in a List the Lords that were present.

The Names of the absent Lords are as follow:

L. Milton.

L. Holland.

L. Grantham.

L. Sondes.

L. Montfort.

L. Monson.

L. Cadogan.

L. Onslow.

L. Hay of Petwardin.

L. Clifford of Chudleigh.

L. Langdale.

L. Byron.

L. Leigh.

L. Teynham.

L. Dormer.

L. Arundell of Wardour.

L. Petre.

L. St. John of Bletsoe.

L. Stourton.

L. Dacre.

L. Audley.

Bp. Carlisle.

Bp. Bristol.

Bp. Gloucester.

Bp. Hereford.

Bp. Winchester.

V. Leinster.

E. Chatham.

E. De Lawarr.

E. Ilchester.

E. Cornwallis.

E. Guildford.

E. Harcourt.

E. Powis.

E. Portsmouth.

E. Graham.

E. Cowper.

E. Bristol.

E. Bute.

E. Dunmore.

E. Aberdeen.

E. Strathmore.

E. Albemarle.

E. Holdernesse.

E. Abingdon.

E. Litchfield.

E. Shaftesbury.

E. Chesterfield.

E. Westmorland.

E. Northampton.

E. Salisbury.

E. Shrewsbury.

D. Montagu.

D. Rutland.

D. Bedford.

D. Leeds.

D. Somerset.

D. Norfolk.

D. Gloucester.

Then the House was adjourned into Westminster Hall, whither the Officers, Attendants, Judges, Peers eldest Sons, Minor Peers, and Lords, went in the Order directed; Garter King at Arms calling them. in their due Places by his List: And the Lords being come thither and seated; and the House resumed:

The Clerk of the Crown in Chancery, and the Clerk of the Crown in the, Kings Bench, presented the Commission under the Great Seal for Lord High Steward, on their Knees, to his Lordship sitting upon the Woolsack, which (after Proclamation made for Silence) was read at the Table by the Clerk of the Crown in the Kings Bench, (all the Lords and others standing up uncovered), as follows:

E. Bathursts commission, appointing him Ld High steward:

GEORGE R.
George the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender, of the Faith, and so forth; To our Right Trusty and Right Well-beloved Cousin and Counsellor Henry Earl Bathurst, Our Chancellor of Great Britain, Greeting: Know ye that whereas Elizabeth the Wife of Augustus John Hervey, late of the Parish of Saint George Hanover Square, in Our County of Middlesex, Esquire, before Our Justices of Over and Terminer at Hicks Hall, in Saint John Street, in and for Our County of Middlesex, upon the Oath of Twelve Jurors, good and lawful Men of the said County of Middlesex, then and there sworn, and charged to enquire for Us, for the Body of the said County, stands indicted of Polygamy, and feloniously marrying Evelyn Pierre pont late Duke of Kingston, she being then married, and the Wife of the said Augustus John Hervey: We, considering that Justice is an excellent Virtue, and pleasing to the Most High, and being willing that the said Elizabeth, of and for the Felony whereof she is indicted as aforesaid before Us, in Our present Parliament, according to the Law and Custom of Our Kingdom of Great Britain, may be heard, examined, sentenced, and adjudged, and that all other Things which are necessary in this Behalf may be duly exercised and executed; and for that the Office of High Steward of Great Britain, whose Presence in this Behalf is required, is now vacant, as we are informed: We, very much confiding in your Fidelity, Prudence provident Circumspection, and Industry, have for this Cause ordained and constituted you Steward of Great Britain, to hear, execute, and exercise, for this Time, the said, Office, with all Things due and belonging to the same Office in this Behalf: And therefore We command you, That you diligently set about the Premises, and for this Time do exercise and execute, with Effect, all those things which belong to the Office of Steward of Great Britain, and which are required in this Behalf. In Witness whereof We have caused these Our Letters to be made Patent.
Witness Ourself, at Westminster, the Fifteenth Day of April, in the Sixteenth Year of Our Reign.
By the King Himself, signed with His own Hand.
Yorke.

Which being ended, the Serjeant at Arms said,

God save the King.

Then the Lord High Steward took his Place on the Chair placed for that Purpose before the State, and Garter King at Arms, and the Gentleman Usher of the Black Rod, (upon, their Knees), presented him with his Staff.

Proclamation being made for Silence, the Writ of Certiorari for removing the Indictment found against the said Elizabeth calling herself Duchess Dowager of Kingston; the Return thereof, and the said Indictment, were read by the Clerk of the Crown in the Kings Bench, as follow:

Certiorari for removing the indictment against the Duchess of Kingston.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Justices of Over and Terminer at Hicks Hall, in Saint John Street, in and for Our County of Middlesex, and to every of them, Greeting: We being willing, for certain Reasons Us thereunto moving, that all and singular Indictments of whatsoever Felonies, whereof Elizabeth calling herself Duchess Dowager of Kingston, by the Name of Elizabeth the Wife of Augustus John Hervey, late of the Parish of Saint George Hanover Square, in the County of Middlesex, Esquire, is indicted before you (as is said), be determined before Us in Our Parliament, and not elsewhere: Do command you, and every of you, that you, or One of you, do send under your Seals, or under the Seal of One of you, before Us, in Our present Parliament, immediately after the Receipt of this Our Writ, all and singular the Indictments aforesaid, with all Things touching the same, by whatsoever Name the said Elizabeth is called in the same, together with this Writ, that We may cause further to be done thereon, what of Right, and according to the Law and Custom of England, We shall see fit to be done. Witness Ourself, at Westminster, the Eleventh Day of November, in the Sixteenth Year of Our Reign.
Yorke.

To the Justices of Over and Terminer, at Hicks Hall, in Saint John Street, in and for the County of Middlesex, and to every of them, a Writ of Certiorari, to certify into the Upper House of Parliament the Indictment found against Elizabeth calling herself Duchess Dowager of Kingston by the Name of Elizabeth Wife of Augustus John Hervey, for Bigamy, returnable immediately before the King in Parliament.

Yorke.

Return.

By Order of the Lords Spiritual and Temporal in Parliament assembled, the Execution of this Writ appears by the Schedules and Indictment to this Writ annexed.

The Answer of. Sir John Hawkins Knight, One of the Justices within written.
Middlesex Be it remembered, That at the General Session of Over and Terminer of our Lord the King, holden for the County of Middlesex, at Hicks Hall, in Saint John Street, in the said County, on Monday the Ninth Day of January, in the Fifteenth Year of the Reign of our Sovereign Lord George the Third, King of Great Britain, &c. before Sir John Hawkins Knight, John Cox, David Wilmot, John Brettell, Esquires, and others their Fellows, Justices of our said Lord the King, assigned by His Majestys Letters Patent under the Great Seal of Great Britain, directed to the same Justices before named, and others in the said Letters named, to enquire more fully the Truth by the Oath of good and lawful Men of the said County of Middlesex, and by other Ways, Means, and Methods, by which they shall or may better know, (as well within Liberties as without), by whom the Truth of the Matter may be better known, of all Treasons, Misprisions of Treason, Insurrections, Rebellions, Counterfeitings, Clippings, Washings, false Coinings, and other Falsities, of the Money of Great Britain, and other Kingdoms and Dominions whatsoever; and of all Murthers, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, unlawful Meetings, Conventicles, unlawful uttering of Words, Assemblies, Misprisions, Confederacies, false Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negligences, Concealments, Maintenances, Oppressions, Champarties, Deceipts, and all other evil Doings, Offences, and Injuries whatsoever; and also the Accessaries of them within the County aforesaid, (as well within Liberties as without), by whomsoever, and in what Manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after what Manner; and of all other Articles and Circumstances concerning the Premises, and every of them, or any of them, in any Manner whatsoever; and the said Treasons, and other the Premises, to hear and determine according to the Laws and Customs of England, by the Oath of John Tilney, James Stafford, Richard Philips, Samuel Stable, Samuel Bird, William Hilliar, Paul Barbot, William Weatherill, Thomas Waddell, John Williams, Samuel Baker, Thomas Sheriff, John Leicester, Thomas Tanton, John Goodere, John Thomas, and Robert Davis, Gentlemen, good and lawful Men of the County aforesaid, now here sworn, and charged to enquire for our said Lord the King for the Body of the same County: It is presented in Manner and Form, as appears by the Indictment and Schedules hereunto annexed.

Butler.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c To Our Justices of Over and Terminer at Hicks Hall, in Saint John Street, in and for Our County of Middlesex, and to every of them, Greeting: Whereas by Our Writ We have lately commanded you, and every of you, for certain Reasons, you, or One of you, should send under your Seals, or the Seal of One of you, before Us at Westminster, immediately after the Receipt of that Writ, all and singular Indictments of whatsoever Trespasses, Contempts, and Felonies, whereof Elizabeth the Wife of Augustus John Hervey Esquire was indicted before you (as was said), with all Things touching the same, by whatsoever Name the said Elizabeth should be called therein, together with the said Writ to you directed, that We might further cause to be done thereon what of Right and according to the Law and Custom of England We should see fit to be done. And we do, for certain Reasons, Us thereunto moving, command you, and every of you, that you, or On of you, do wholly supersede whatsoever is to be done concerning the Execution of that Our said Writ; and that you proceed to the Determination of the Trespasses, Contempts, and Felonies aforesaid, with that Expedition which to you shall seem Right, and according to the Law and Custom of England, notwithstanding Our Writ as before sent to you directed for that Purpose. Witness William Lord Mansfield, at Westminster, the Twenty-third Day of May, in the Fifteenth Year of Our Reign.
By the Court.
Burrow.
By Rule of Court.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith: To Our Justices of Over and Terminer at Hicks Hall, in Saint John Street, in and for Our County of Middlesex, and to every of them, Greeting: We being willing, for certain Reasons, that all and singular Indictments of whatsoever Trespasses, Contempts, and Felonies, whereof Elizabeth the Wife of Augustus John Hervey Esquire is indicted before you, (as is said), be determined before Us, and not elsewhere; do command you, and every of you, that you, or One of you, do send under your Seals, or the Seal of One of you, before Us at Westminster, immediately after the Receipt of this Our Writ, all and singular the said Indictments, with all Things touching the same, by whatsoever Name the said Elizabeth may be called in the same, together with this Our Writ, that We may further cause to be done thereon what of Right and according to the Law and Custom of England We shall see fit to be done. Witness William Lord Mansfield, at Westminster, the Eighteenth Day of May, in the Fifteenth Year of Our Reign.
By the Court.
Burrow.
At the Instance of the within named Defendant.
By Rule of Court,

The Execution of this Writ appears by the Schedules and Indictment to this Writ annexed.

The Answer of Sir John Hawkins Knight, One of the Justices within written.
Middlesex Be it remembered, That at the General Session of Over and Terminer of Our Lord the King, holden for the County of Middlesex at Hicks Hall, in Saint John Street, in the said County, on Monday the Ninth Day of January, in the Fifteenth Year of the Reign of our Sovereign Lord George the Third, King of Great Britain, &c. before Sir John Hawkins Knight, Sir James Esdaile Knight, David Wilmot, John Machin, Esquires, and others their Fellows, Justices of Our said Lord the King, assigned by His Majestys Letters Patent under the Great Seal of Great Britain, directed to the same Justices before-named, and others in the said Letters named, to enquire more fully the Truth by the Oath of good and lawful Men of the County of Middlesex aforesaid, and by other Ways, Means, and Methods, by which they shall or may better know, (as well within Liberties as without), by whom the Truth of the Matter may be better known, of all Treasons, Misprisions of Treason, Insurrections, Rebellions, Counterfeitings, Clippings, Washings, false Coinings, and other Falsities of the Money of Great Britain, and other Kingdoms and Dominions whatsoever; and of all Murthers, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, unlawful Meetings, Conventicles, unlawful uttering of Words, Assemblies, Misprisions, Confederacies, false Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negliencies, Concealments, Maintenances, Oppressions, Champarties, Deceipts, and all other evil Doings, Offences, and Injuries whatsoever; and also the Accessaries of them within the County aforesaid, (as well within Liberties as without), by whomsoever, and in what Manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after what Manner; and of all other Articles and Circumstances concerning the Premises, and every of them, or any of them, in any Manner whatsoever; and the said Treasons, and other the Premises, to hear and determine according to the Laws and Customs of England, by the Oath of John Tilney, James Stafford, Richard Phillips, Samuel Stable, Samuel Bird, William Hilliar, Paul Barbet, William Weathrill, Thomas Waddell, John Williams, Samuel Baker, Thomas Sheriff, John Leicester, Thomas Tanton, John Goodere, John Thomas, and Robert Davis, Gentlemen, good and lawful Men of the County aforesaid, now here sworn, and charged to enquire for Our said Lord the King for the Body of the same County: It is presented in Manner and Form, as appears by a certain Bill of Indictment to this Schedule annexed.
Bulter.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To the Sheriff of Our County of Middlesex, Greeting: We command you, that you omit not, by Reason of any Liberty in your Bailiwick, but that you take Elizabeth the Wife of Augustus John Hervey, late of the Parish of Saint George Hanover Square, in the County of Middlesex, Esquire, if she shall be sound in your Bailiwick, and her safely keep, so that you have her Body before Our Justices assigned by Our Letters Patent under Our Great Seal of Great Britain, to enquire more fully the Truth by the Oath of good and lawful Men of Our County of Middlesex aforesaid, and by other Ways, Means, and Methods, by which they shall or may better know, (as well within Liberties as without), by whom the Truth of the Matter may be better known, of all Treasons, Misprisions of Treason, Insurrections, Rebellions, Counterfeitings, Clippings, Washings, false Coinings, and other Falsities, of the Money of Great Britain, and other Kingdoms and Dominions whatsoever; and of all Murthers, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, unlawful Meetings, Conventicles, unlawful uttering of Words, Assemblies, Misprisions, Confederacies, false Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negligences, Concealments, Maintenances, Oppressions, Champarties, Deceipts, and all other evil Doings, Offences, and Injuries whatsoever; and also the Accessaries of them within the County aforesaid, (as well within Liberties as without), by whomsoever, and in what Manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after what Manner; and of all other Articles and Circumstances concerning the Premises, and every of them, or any of them, in any Manner whatsoever; and the said Treasons, and other the Premises, to hear and determine according to the Laws and Customs of England, at the next General Session of Over and Terminer to be holden for Our said County, to answer Us concerning certain Felonies whereof she is indicted before Our said Justices; and have you then there this Writ. Witness Sir John Hawkins Knight, at Hicks Hall, the Ninth Day of January, in the Fifteenth Year of Our Reign.
Butler.

The within named Elizabeth the Wife of Augustus John Hervey is not sound in my Bailiwick.

The Answer of William Plomer Esquire, and John Hart Esquire, Sheriff.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To the Sheriff of Our County of Middlesex, Greeting: We command you, as before We have commanded you, that you. omit not, by Reason of any Liberty in your Bailiwick, but that you take Elizabeth the Wife of Augustus John Hervey, late of the Parish of Saint George Hanover Square, in the County of Middlesex, Esquire, if she shall be found in your Bailiwick, and her safely keep so that you have her Body before Our Justices assigned by Our Letters Patent under Our Great Seal of Great Britain to enquire more fully the Truth by the Oath of good and lawful Men of Our County of Middlesex aforesaid, and by other Ways, Means, and Methods, by which they shall or may better know, (as well within Liberties as without) by whom the Truth of the Matter may be better known, of all Treasons, Misprisions of Treason, Insurrections, Rebellions, Counterfeitings, Clippings, Washings, false Coinings, and other Falsities of the Money of Great Britain, and other Kingdoms and Dominions whatsoever; and of all Murthers, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, unlawful Meetings, Conventicles, unlawful uttering of Words, Assemblies, Misprisions, Confederacies, false Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negligences, Concealments, Maintenances, Oppressions, Champarties, Deceipts, and all other evil Doings, Offences, and Injuries whatsoever; and also the Accessaries of them, within the County aforesaid, (as well within Liberties as without), by whomsoever, and in what Manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after, what Manner, and of all other Articles and Circumstances concerning the Premises, and every of them, or any of them, in any Manner whatsoever; and the said Treasons, and other the Premises, to hear and determine, according to the Laws and Customs of England, at the next General of Over and Terminer to be holden for Our said County, to answer Us concerning certain Felonies whereof she is indicted before Our said Justices; and have you then there this Writ. Witness Sir John Hawkins Knight, at Hicks Hall, the Fourteenth Day of February, in the Fifteenth Year of Our Reign.
Butler,

The within named Elizabeth the Wife of Augustus John Hervey Esquire is not found in my Bailiwick.

The Answer of William Plomer Esquire, and John Hart Esquire, Sheriff.

Middlesex The Jurors for our Sovereign Lord the now King, upon their Oath, present, That Elizabeth the Wife of Augustus John Hervey, late of the Parish of Saint George, Hanover Square, in the County of Middlesex, Esquire, on the Eighth Day of March, in the Ninth Year of the Reign of our Sovereign Lord George the Third, now King of Great Britain, and so forth, being then married, and then the Wife of the said Augustus John Hervey, with Force and Arms, at the said Parish of Saint George, Hanover Square, in the said County of Middlesex, feloniously did marry and take to Husband Evelyn Pierrepont Duke of kingston, (the said Augustus John Hervey, her former Husband, being then alive), against the Form of the Statute in such Case made and provided and against the Peace of our said Lord the King, His Crown and Dignity: And the said Jurors for our said Sovereign Lord the now King, upon their Oath aforesaid, further present, That the said Elizabeth heretofore, (to wit), on the Fourth Day of August, in the Eighteenth Year of the Reign of our late Sovereign Lord George the Second, late King of Great Britain, and so forth, at the Parish of Lainston, in the County of Southampton, by the Name of Elizabeth Chudleigh, did many the said Augustus John Hervey, and him the said Augustus John Hervey then and there had for her Husband; and that the said Elizabeth being married, and the Wife of the said Augustus John Hervey, afterwards, (to wit), on the Eighth Day of March, in the Ninth Year of the Reign of our said Sovereign Lord George the Third, now King of Great Britain, and so forth, with Force and Arms, at the said Parish of Saint George, Hanover Square, in the said County of Middlesex, feloniously did marry and take to Husband the said Evelyn Pierrepont Duke of Kingston, (the said Augustus John Hervey, her former Husband, being then alive), against the Form of the Statute in such Case made and provided, and against the Peace of our said Sovereign Lord the now King, His Crown and Dignity.
True Bill.
ff B:+.
O. T.

Augustine Greenland,

Ann Cradock,

Christopher Dixon,

Thomas Dodd,

Samuel Harper,

John Fozard,

Sworn in Court.

Then the Lord High Steward asked Leave, For the Judges to be covered; which was granted.

Duchess of Kingston at the Bar, and her Trial proceeded in.

Then Proclamation was made for the said Elizabeth calling herself Duchess Dowager of Kingston, to appear the Bar:

Who appearing accordingly, kneeled, until the Lord High Steward acquainted her, She might rise.

Which done,

The Lord High Steward, in a Speech, represented to her the Nature of the Charge against her, and the Circumstances of her Case, and concluded with acquainting her, and all other Persons who should have Occasion to speak to the Court during the Trial, That they are to address themselves to the Lords in general, and not to any Lord in particular.

Then the Prisoner made a Speech, which was delivered in, and read by the Clerk at the Table, as follows:

My Lords,
I, the unfortunate Widow of your late Brother the Most Noble Evelyn Pierpont Duke of Kingston, am brought to the Bar of this Right Honourable House without a Shadow of Fear, but infinitely awed by the Respect that is due to you, my most Honourable Judges.
My Lords, after having at the Hazard of my Life returned from Rome, in a dangerous Sickness, to submit myself to the Laws of my Country, I plead some little Merit in my willing Obedience: And I intreat your Lordships Indulgence if I should be deficient in any ceremonial Part of my Conduct towards you, my most honoured and respectable Judges; for the Infirmities of my Body and Oppression of Spirits, under which I labour, leave your unhappy Prisoner sometimes without Recollection, but it must be only with the Loss of Life, that I can be deprived of the Knowledge of the Respect that is due to this high and awful Tribunal.

Then the said Elizabeth Duchess Dowager of Kingston, was arraigned by the Clerk of the Crown in the Kings Bench, in the usual Manner, and asked, Whether she was Guilty or Not Guilty? To which she pleaded, Not Guilty.

And being asked, By whom she would be tried She answered, By God and her Peers.

Then Proclamation was made for all Persons that will give Evidence on Behalf of the King against Elizabeth Duchess Dowager of Kingston, the Prisoner, to come forth, and they shall be heard, for she now stands at the Bar upon her Deliverance.

The Lord High Steward, with the Consent of the Court, went down to the Table for the better Conveniency of Hearing.

Then the Prisoner made another Speech, which was likewise delivered in, and read by the Clerk at the Table as follows:

My Lords,
The supposed Marriage in the Indictment, with Mr. Hervey, which is the Ground of the Charge against me, was insisted upon by him in a Suit, instituted by me in the Consistory Court of the Right Reverend Lord Bishop of London, by the Sentence of which Court, still in force, it was pronounced, decreed, and declared, that I was free from all Matrimonial Contracts or Espousals with the said Mr. Hervey, And, my Lords, I am advised that this Sentence, which I now desire leave to offer to your Lordships, (remaining unreversed and unimpeached), is conclusive, and that no other Evidence ought to be received or stated to your Lordships respecting such pretended Marriage.

Then the Counsel for the Prisoner objecting to any Evidence being admitted to prove that the Sentence of jactitation in the Spiritual Court was obtained by Collusion:

The Proceedings in the Spiritual Court, and also the Sentence of Jactitation of the said Court, pronounced on the 10th of February 1769, were read, de bene esse, by the Clerk at the Table.

Then the Prisoner at the Bar, praying, That she may be heard, by her Counsel, to support the said Objection; and leave being given, for her Counsel be heard, as desired:

Mr. Wallace was heard in Support of the said Objection.

Mr. Mansfield was also heard in Support of the said Objection.

Doctor Calvert was also heard in Support of the said Objection.

Doctor Wynne was also heard in Support of the said Objection.

The House was moved, To adjourn to the Chamber of Parliament.

And being adjourned accordingly:

The Lords, and others returned in the same Order as before, except the Lord High Steward who walked after His Royal Highness the Duke of Cumberland.

And the House being there resumed:

Ordered, That this House will proceed further in the Trial of Elizabeth Duchess Dowager of Kingston, in Westminster Hall, To-morrow, at Ten of the Clock in the Morning; and that the Judges and Witnesses do then attend.

Duchess of Kingston to be brought again Tomorrow.

Ordered, That the Gentleman Usher of the Black Rod attending this House, do bring the Body of the said Elizabeth Duchess Dowager of Kingston to the Bar of this House, in Westminster Hall, To-morrow, at Ten of the Clock in the Morning.

To Sir Francis Molyneux Knight, Gentleman User of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Adjourn.

Dominus Summon Senescallus declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, decimum sextum diem instantis Aprilis, hora decima Auror, Dominis sic decernentibus.

Die Martis, 16^o Aprilis 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Duchess of Kingstons Trial.

The Order of the Day being read for the proceeding further in the Trial of Elizabeth Duchess Dowager of Kingston, upon the Indictment found against her; the Lords were called over by the Clerk, Garter King at Arms marking in his List those that were present, and the Clerk taking down the Names of the absent Lords.

The Names of the absent Lords are as follow.

L. Milton.

L. Holland.

L. Grantham.

L. Sondes.

L. Montfort.

L. Monson.

L. Cadogan.

L. Onslow.

L. Masham.

L. Hay of Petwardin.

L. Clifford of Chudleigh.

L. Langdale.

L. Byron.

L. Leigh.

L. Teynham.

L. Dormer.

L. Arundell of Wardour.

L. Petre.

L. St. John of Bletsoe.

L. Stourton.

L. Dacre.

L. Audley.

Bp. Carlisle.

Bp. Bristol.

Bp. Gloucester.

Bp. Ely.

Bp. Hereford.

Bp. Winchester.

V. Leinster.

E. Chatham.

E. De. Lawarr.

E. Ilchester.

E. Cornwallis.

E. Guilford.

E. Harcourt.

E. Powis.

E. Portsmouth.

E. Graham.

E. Cowper.

E. Bristol.

E. Bute.

E. Dunmore.

E. Aberdeen.

E. Strathmore.

E. Albemarle.

E. Holdernesse.

E. Abingdon.

E. Litchfield.

E. Shaftesbury.

E. Chesterfield.

E. Westmorland.

E. Northampton.

E. Salisbury.

E. Shrewsbury.

D. Montagu.

D. Rutland.

D. Bedford.

D. Leeds.

D. Somerset.

D. Norfolk.

Abp. York.

D. Gloucester.

Then the House was adjourned into Westminster Hall; whither the Lords and others went in the same Order as Yesterday, except the Lord High Steward who walked after his Royal Highness the Duke of Cumberland.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made for Silence, as also Proclamation for the Gentleman Usher of the Black Rod to bring the Prisoner to the Bar:

Who being brought to the Bar accordingly, kneeled, till she was acquainted by the Lord High Steward, She might rise.

Then the Lord High Steward, with the Consent of the Court, went down to the Table, and Mr. Attorney General was directed to proceed.

Whereupon,

Mr. Attorney General was heard in Answer to the Objection made by the Counsel for the Prisoner, against any Evidence being admitted, to prove the Sentence of Jactitation in the Spiritual Court was obtained by Collusion.

Mr. Solicitor General was also heard to answer the said Objection.

Mr. Dunning was also heard to answer the said Objection.

Doctor Harris was also heard to answer the said Objection.

Then, Mr. Wallace desiring Time to make his Reply, in order that he might be better prepared to observe upon the many Cases that had been cited by the Counsel for the Prosecutors:

It was moved, To adjourn to the Chamber of Parliament.

And being adjourned accordingly;

The Lords and others returned in the same Order they came down.

And the House being there resumed:

It was moved, To adjourn into Westminster Hall.

Which being objected to;

After Debate,

The Question was put thereupon ?

It was resolved in the Affirmative.

Then the House was again adjourned into Westminster Hall, and the Peers and others went down in the same Order as before; and the Peers being there seated, and the House resumed:

Proclamation was made for Silence.

The House being informed, That the Prisoner at the Bar was very much fatigued and very ill:

Leave was given her to withdraw from the Bar.

Then it was moved, To adjourn to the Chamber of Parliament.

And being adjourned accordingly:

The Lords and others returned in the same Order they came down.

And the House being there resumed:

Ordered, That this House will proceed further in the Trial of Elizabeth Duchess Dowager of Kingston, in Westminster Hall, on Friday next, at Ten of the Clock in the Morning; and that the Judges and Witnesses do then attend.

Duchess of Kingston to be brought again To-morrow.

Ordered, That the Gentleman Usher of the Black Rod attending this House, do bring the Body of the said Elizabeth Duchess Dowager of Kingston to the Bar of this House, in Westminster Hall, on Friday next, at Ten of the Clock in the Morning.

To Sir Francis Molyneux Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

D. St. Albans Petition for a Bill, heating Counsel on, put off.

Ordered, That the Hearing of Counsel upon the Report of the Judges, to whom was referred the Petition of the Most Noble George Duke of Saint Albans, praying Leave to bring in a Private Bill for the Purposes therein mentioned, which stands appointed for Friday next, be put off to Monday next; and that the Lords be summoned.

Adjourn.

Dominus Summon Senescallus declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Aprilis, hora decimal Auror, Dominis sic decernentibus.

Die Veneris, 19^o Aprilis 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

America, Lists, &c. of Ships licensed to carry Goods to, delivered.

The House being informed, That Mr. Parcel and Mr. Loom from the Custom House, attended:

They were called in; and delivered at the Bar, pursuant to an Order of the 27th of March last for that Purpose:

N^o 1. A List of all Ships which have been entered in the Port of London for any Part of North America, under Licences granted by the Lords of the Admiralty pursuant to the Act of the present Session.
2. Also, List of Goods entered Outwards in the Ship City of London for Boston, in pursuance of a Licence from the Lords. Commissioners of the Admiralty.
2. Also, List of Goods entered Outwards in the Ship Renown for Boston, in pursuance of a Licence from the Lords Commissioners of the Admiralty.
3. And also, An Account of the Goods actually shipped on board the Renown.
3. And also, An Account of the Goods actually shipped on board the City of London.

And then they withdrew.

And the Titles thereof being read by the Clerk:

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

L. Montforts Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting the Real Estates comprized in the Marriage Settlement of Thomas Lord Montfort, situate in the Counties of Cambridge and Suffolk, and the Woods, Underwoods, Timber, and other Trees, growing and being thereon, in Trustees, and their Heirs, in Trust, to be sold and disposed of without the Concurrence of the said Thomas Lord Montfort; and for applying the Monies to arise by Sale thereof in the Manner therein mentioned.

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

Their Lordships, or any Five of them, to meet on Monday the 6th Day of May next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Heywood et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Heywood Esquire, and Elizabeth Heywood his Wife, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting the Settled Estates of Peter John Heywood Esquire, in the Isle of Man, called The Nunnery, in Trustees, to be sold; and for laying out the Money, arising by such Sale in the Purchase of Lands and Hereditaments, in that Part of Great Britain called England, to be settled in lieu of the said Estates in the Isle of Man intended to be sold.

Duchess of Kingstons Trial.

The Order of the Day being read for the proceeding further in the Trial of Elizabeth Duchess Dowager of Kingston, upon the Indictment found against her; the Lords were called over by the Clerk, Garter King at Arms marking in his List those that were present, and the Clerk taking down the Names of the absent Lords.

The Names of the absent Lords are as follow:

L. Milton.

L. Holland.

L. Grantham.

L. Sondes.

L. Archer.

L. Montfort.

L. Monson.

L. Cadogan.

L. Onslow.

L. Hay of Petwardin.

L. Clifford of Chudleigh.

L. Langdale.

L. Byron.

L. Leigh.

L. Teynham.

L. Dormer.

L. Arundell of Wardour.

L. Petre.

L. St. John of Bletsoe.

L. Stourton.

L. Dacre.

L. Audley.

Bp. Carlisle.

Bp. Bristol.

Bp. Gloucester.

Bp. Hereford.

Bp. Winchester.

V. Dudley & Ward.

V. Leinster.

E. Chatham.

E. De Lawarr.

E. Ilchester.

E. Cornwallis.

E. Guilford.

E. Harcourt.

E. Powis.

E. Portsmouth.

E. Orford.

E. Graham.

E. Pomfret.

E. Cowper.

E. Bristol.

E. Bute.

E. Dunmore.

E. Aberdeen.

E. Strathmore.

E. Albemarle.

E. Holdernesse.

E. Abingdon.

E. Litchfield.

E. Shaftesbury.

E. Chesterfield.

E. Westmorland.

E. Denbigh.

E. Northampton.

E. Salisbury.

E. Shrewsbury.

D. Montagu.

D. Rutland.

D. Bedford.

D. Leeds.

D. Somerset.

D. Norfolk.

Abp. York.

D. Gloucester.

Then the House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on Tuesday last.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made for Silence; as also Proclamation for the Gentleman Usher of the Black Rod to bring the Prisoner to the Bar.

Who being brought to the Bar accordingly, kneeled, till she was acquainted by the Lord High Steward, She might rise.

Then the Lord High Steward, with the Consent of the Court went down to the Table.

Mr. Wallace was heard to reply.

Doctor Calvert was also heard to reply:

Mr. Wallace was heard to observe upon a Case he had omitted to take Notice of.

The House was moved, To adjourn to the Chamber of Parliament.

And Leave was given the Prisoner to retire from the Bar.

And being adjourned accordingly,

The Lords and others returned in the same Order they came down.

And the House being there resumed,

Questions put to the Judges and their Answer.

It was moved, That the following Questions be put to the Judges; videlicet.

1. Whether a Sentence of the Spiritual Court against a Marriage in a Suit for Jactitation of Marriage, is conclusive Evidence, so as to slop the Counsel for the Crown from proving the said Marriage in an Indictment for Polygamy ?
2. Whether, admitting such Sentence to be conclusive upon such Indictment, the Counsel for the Crown may be admitted to avoid the Effect of such Sentence, by proving the same to have been obtained by Fraud or Collusion?

The Question was put thereupon:

It was resolved in the Affirmative.

Whereupon,

The said Questions were accordingly put to the Judges.

And the Lord Chief Justice of the Court of Common Pleas having conferred with the Rest of the Judges present, delivered their unanimous Opinions upon the said Questions, as follow:

My Lords,
My Lord Chief Baron and the Rest of my Brethren have denied me to deliver their answer to the Questions your Lordships have been pleased to propound to us.
That our Opinion may be the better understood, it is necessary to make some Observations on what has patted in Argument upon the Subject.
What has been said at the Bar is certainly true as a general Principle, that a Transaction between Two Parties, in judicial Proceedings, ought not to be binding upon a Third; for it would be unjust to bind any Person who could not be admitted to make a Defence, or to examine Witnesses, or to appeal from a Judgement he might think erroneous; and therefore the Depositions of Witnesses in another Cause, in Proof of a Fact, the Verdict of a Jury finding the Fact, and the Judgement of the Court upon Facts found, although Evidence against the Parties and all claiming under them, are not, in general, to be used to the Prejudice of Strangers, there are some Exceptions to this general Rule, founded upon particular Reasons; but not being applicable so the present Subject it is unnecessary to state them.
From the Variety of Cases relative to Judgements being given in Evidence in Civil Suits, these Two Deductions seem to follow as generally true: First, That the Judgement of a Court of concurrent Jurisdiction directly upon the Point, is as a Plea, a Bar, or as Evidence, conclusive, between the same Parties, upon the same Matter directly in question, in another Court: Secondly, That the Judgement of a Court of exclusive Jurisdiction, directly upon the Point, is in like Manner conclusive upon the same Matter, between the same Parties, coming incidentally in question in another Court, for a different Purpose: But neither the Judgement of a concurrent or exclusive Jurisdiction is Evidence of any Matter which came collaterally in question, though within their Jurisdiction; nor of any Matter incidentally cognizable; nor of any Matter to be inferred by Argument from the Judgement.
Upon the Subject of Marriage, the Spiritual Court has the sole and exclusive Cognizance of questioning and deciding, directly, the Legality of Marriage, and of enforcing, specifically, the Rights and Obligations respecting Persons depending upon it; but the Temporal Courts have the sole Cognizance of examining and deciding upon all Temporal Rights of Property; and, so far as such Rights are concerned, they have the inherent Power of deciding, incidentally, either upon the Fact, or the Legality of Marriage. Where they lie in the Way to the Decision of the proper Objects of their Jurisdiction; they do not want, or require, the Aid of the Spiritual Courts; nor has the Law provided any legal Means of sending to them for their Opinion, except where, in the Case of Marriage an issue is joined upon the Record, in certain real Writs, upon the Legality of a Marriage, or its immediate Consequence, General Bastardy, or, in like Manner, in some other particular Instances, lying peculiarly in the Knowledge of their Courts, as Profession, Deprivation, and some others; in these Cases, upon the Issue so formed, the Mode of trying the Question is by Reference to the Ordinary; and his Certificate, when returned, received, and entered upon the Record, in the Temporal Courts, is a perpetual and conclusive Evidence against all the World upon that Point; which exceptionable Extent, on whatever Reasons founded, was the Occasion of the Statute of the Ninth of Henry the Sixth, requiring certain Publick Proclamations to be made, for Persons interested, to come in and be Parties to the Proceeding. But, even in these Cases, if the Ordinary should return no Certificate, or an insufficient One, or if the Issue is accompanied with any special Circumstances, as if a Second Issue, triable by a Jury, is formed upon the same Record, or, if the Effect of the same Issue is put into another Form, a Jury is to decide, and not the Ordinary to certify, the Truth; and to this Purpose, Sir William Staunford mentions a remarkable Instance. Bigamy was triable by the Bishops Certificate; but if the Prisoner, to avoid the Change; pleads that the Second Espousals were null and void, because he had a former Wife living; this Special Bigamy was not to be tried by the Bishops Certificate.
So that the Trial of Marriage, either as to Legality or Fact, was not, absolutely, and from its Nature, an Object Ahem Fort.
There was a Time, when the Spiritual Courts wished that their Determinations might, in all Cases, be received as authentick in the Temporal Courts; and in that solemn Assembly of the King, the Peers, the Bishops, and Judges, convened for the Purpose of settling the Demands of the Church, by Edward the Second, One of the Claims was expressed in these Words: Si aliqua Causa, vel Negotium cujus cognitio spectat ad Forum Ecclesiasticum, et coram Ecclesiaslico Judice fuerit sententialiter terminatum, et transient in Rem judicatam nee per Appellationem fuerit suspensum; et post modum coram Judice Seculari, super eadem Re, inter easdem Person as, Quslio moveatur, et probetur per Testes, vel Instrumenta, Talis exceptio in foro Seculari non admittatur. The answer to which Demand was expressed in this Manner, Quando eadem Causa, diversis Rationibus, coram Judicibus Ecclesiasticis, et Secularibus, ventilatur, dicunt, quod (non obstante Ecclesiastico Judicio) Curia Regis ipsum tractat Negotium, ut sibi expedire videtur. For which Lord Coke gives this Reason, Second Institute, 622: For the Spiritual Judges Proceedings are for the Correction of the Spiritual Inner Man, and pro Salute Anim to enjoin him Penance; and the Judges of the Common Law proceed to give Damages and Recompence for the Wrong and Injury done; and then adds, and so this Article was deservedly rejected.

And the same Demand was made, and received the same Answer, in the Third Year of King James the First.
It is to be observed, that this Demand related only to Civil Suits, between the same Parties, and that the Sentence should be received as a Plea in Bar; but this Attempt and Miscarriage did not prevent the Temporal Courts from shewing the same Respect to their Proceedings as they did to those in other Courts: And therefore, where, in Civil Causes, they found the Question of Marriage directly determined by the Ecclesiastical Courts, they received the Sentence, though not as a Plea, yet as Proof of the Fact, it being an Authority accredited, in a judicial Proceeding, by a Court of competent Jurisdiction; but still they received it, upon the same Principles, and subject to the same Rules, by which they admit the Acts of other Courts.
Hence a Sentence of Nullity, and a Sentence in Affirmance, of a Marriage, have been received as conclusive Evidence, on a Question of Legitimacy arising, incidentally, upon a Claim to a Real Estate.
A Sentence in a Cause of Jactitation has been received, upon a Title in Ejectment, as Evidence against a Marriage, and in like Manner in Personal Actions, immediately founded on a supposed Marriage.
So a direct Sentence, in a Suit upon a Promise of Marriage, against the Contract, has been admitted as Evidence against such Contract, in an Action brought upon the same Promise for Damages, it being a direct Sentence of a competent Court, disproving the Ground of the Action.
So a Sentence of Nullity is equally Evidence, in a Personal Action, against a Defence founded upon a supposed Coverture.
But, in all these Cases, the Parties to the Suits, or at least the Parties against whom the Evidence was received, were Parties to the Sentence, and had acquiesced under it, or claimed under those who were Parties, and had acquiesced.
But although the Law stands thus, with regard to Civil Suits, Proceedings in Matters of Crime, and especially of Felony, fall under a different Consideration; First, because, the Parties are not the same: For the King, in whom the Trust of prosecuting Publick Offences is yested, and which is executed by His immediate Orders or in His Name by some Prosecutor, is no Party to such Proceedings in the Ecclesiastical Court, and cannot be admitted to defend, examine Witnesses, in any Manner intervene, or appeal: Secondly, such Doctrine would tend to give the Spiritual Courts, which are not permitted to exercise any judicial Cognizance in Matters of Crime, an immediate Influence in Trials for Offences, and to draw the Decision from the Course of the Common Law, to which it solely and peculiarly belongs.
The Ground of the judicial Powers given to Ecclesiastical Courts, is merely of a Spiritual Consideration, pro Correctione Morum, et pro Salute Amm. They are therefore addressed to the Conscience of the Party. But one great Object of Temporal jurisdiction is the Publick Peace; and Crimes against the Publick Peace are wholly, and in all their Parts, of Temporal Cognizance alone. A Felony by Common Law was always so. A Felony by Statute becomes so at the Moment of its Institution. The Temporal Courts alone can expound the Law, and judge of the Crime and its Proofs; in doing so, they must see with their own Eyes, and try by their own Rules, that is, by the Common Law of the Land; it is the Trust and sworn Duty of their Office.
When the Acts of Henry the Eighth first declared what Marriages should be lawful, and what incestuous; the Temporal Courts, though they had before no Jurisdiction, and the Acts did not by express Words give them any upon the Point, decided incidentally upon the Construction, declared what Marriages came within the Levitical Degrees, and prohibited the Spiritual Courts from giving or proceeding upon any other Construction whilst an antient Statute subsisted, (2 H. IV. 15.) by which Personal Punishment was incurred on holding heretical Doctrines, the Temporal Courts took Notice, incidentally, whether the Tenet was heretical or not; for the Kings Courts will examine all Things ordained by Statute.

When the Statute of W. III. made certain blasphemous Doctrines a Temporal Crime, the Temporal Courts alone could determine, whether the Doctrine complained of was blasphemous, so as to constitute the Crime.
If a Man should be indicted for taking a Woman by Force and marrying her, for marrying a Child without her Fathers Consent, or for a Rape, where the Defence is, that the Woman is his Wife; in all these Cases the Temporal Courts are bound to try the Prisoner by the Rules and Course of the Common Law, and incidentally to determine what is heretical, and what blasphemous; and whether it was a Marriage within the Statute; and a Marriage without Consent; and whether, in the last Case, the Woman was his Wife; but if they should happen to find, that Sentences in the respective Cases had been given in the Spiritual Court upon the Heresy, the blasphemous Doctrines, the Marriage by Force, the Marriage without Consent, and the Marriage on the Rape; and the Court must receive such. Sentences as conclusive Evidence, in the first Instance, without looking into the Case; it would vest the substantial and effective Decision, though not the Cognizance of the Crimes, in the Spiritual Court, and leave to the Jury and the Temporal Courts, nothing but a nominal Form of Proceeding, upon what would amount to a pre-determined Conviction or Acquittal; which must have the Effect of a real Prohibition, since it would be in vain to prefer an Indictment, where an Act of a Foreign Court shall at once seal up the Lips of the Witnesses, the Jury, and the Court, and put an entire Stop to the Proceeding.
And yet it is true, that the Spiritual Court has no Jurisdiction, directly or indirectly, in any Matter not altogether Spiritual; rind it is equally true, that the Temporal Courts have the sole and entire Cognizance of Crimes; which are wholly and altogether Temporal in their Nature.
And if the Rule of Evidence must be, as it is often declared to be, reciprocal, and that in all Cases in which Sentences favourable to the Prisoner are to be admitted as conclusive Evidence for him, the Sentences, if unfavourable to the Prisoner, are in like Manner conclusive Evidence against him; in what Situation must the Prisoner be, whose Life or Liberty, or Property or Fame, rests on the Judgement of Courts which have no Jurisdiction over them in the Predicament in which they stand; and in what Situation are the Judges of the Common Law, who must condemn on the Word of an Ecclesiastical Judge, without exercising any Judgement of their own.
The Spiritual Court alone can deprive a Clergyman. Felony is a good Cause of Deprivation. Yet, in Lord Hobarts Reports, it is held, that they cannot proceed to deprive for Felony, before the Felony has been tried at Law; and although, after Conviction, they may act upon that, and make it the Ground of Deprivation, neither Side can prove or disprove any Thing against the Verdict; because, as that very learned Judge declares, it would be to determine, though not capitally, upon a capital Clime, and thereby judge of the Nature of the Crime and the Validity of the Proofs; neither of which belongs to them to do.
If, therefore, such a Sentence, even upon a Matter within their Jurisdiction, and before a Felony committed, should be conclusive Evidence on a Trial, for a Felony committed after the Opinion of a Judge incompetent to the Purpose, resulting (for aught appears) from incompetent Proofs, (as suppose the Suppletory Oath), will direct, or rule a Jury, and a Court of competent Jurisdiction, without confronting any Witnesses, or hearing any Proofs: For the Question supposes, and the Truth is, that the Temporal Court does not and cannot examine, whether the Sentence is a just Conclusion from the Case, either in Law or Fact; and the Difficulty will not be removed by presuming, that every Court determines rightly, because, it must be presumed too, that the Parties did right in bringing the full and true Case before the Court; and if they did, still the Court will have determined rightly, by Ecclesiastical Laws and Rules, and not by those Laws and Rules by which Criminals are to stand or fall in this Country.
If the Reason for receiving such Sentence is, because it is the Judgement of a Court, competent to the Enquiry then before them; from the same Reason, the Determination of Two Justices of the Peace, upon the Fast or Validity of a Marriage, in adjudging a Place of Settlement, may hereafter be offered as Evidence, and give the Law to the highest Court of Criminal Jurisdiction.
But if a direct Sentence upon the identical Question in a matrimonial Cause should be admitted as Evidence, (though such Sentence against the Marriage has not the Force of a final Decision, that there was none), yet a Cause of Jactitation is of a different Nature; it is ranked as a Cause of Defamation only, and not as a matrimonial Cause, unless where the Defendant pleads a Marriage; and whether it continues a matrimonial Cause throughout, as some say, or ceases to be so on Failure of proving a Marriage, as others have said, still the Sentence has only a Negative and qualified Effect, (viz.) That the Parry has failed in his Proof, and that the Libellant is free from all matrimonial Contract, as far as yet appears, leaving it open to new Proofs of the same Marriage, in the same Cause, or to any Proofs of that or any other Marriage in another Cause, and if such Sentence is no Plea to a new Suit there, and does not conclude the Court which pronounces, it cannot conclude a Court, which receives the Sentence, from going into new Proofs, to make out that or any other Marriage.
So that admitting the Sentence in its full Extent and Import, it only proves, that it did not yet appear that they were married; and not, that they were not married at all. And, by the Rule laid down by Lord Chief Justice Holt, such Sentence can be no Proof of any Thing to be inferred by Argument from it: And therefore it is not to be inferred that there was no Marriage at any Time or Place, because the Court had not then sufficient Evidence to prove a Marriage at a particular Time and Place. That Sentence, and this Judgement, may stand well together, and both Propositions be equally true; it may be true, that the Spiritual Court had not then sufficient Proof of the Marriage specified, and that your Lordships may now, unfortunately, find sufficient Proof of some Marriage.
But if it was a direct and decisive Sentence upon the Point, and as it stands, to be admitted as conclusive Evidence upon the Court, and not to be impeached from within; yet, like all other Acts of the highest judicial Authority, it is impeachable from without; although it is not permitted to shew, that the Court was mistaken, it may be shewn that they were missed.
Fraud is an extrinsic collateral Act, which vitiates the most solemn Proceedings of Courts of Justice. Lord Coke says, It avoids all judicial Acts, Ecclesiastical or Temporal.

In Civil Suits all Strangers may falsify for Covin, either Fines, or real or feigned Recoveries; and even a Recovery by a just Title, if Collusion was practised to prevent a fair Defence; and this, whether the Covin is apparent upon the Record, as not essoining, or not demanding the View, or by suffering Judgement by Confession or Default; or extrinsic, as not pleading a Release, collateral Warranty, or other advantageous Pleas.
In Criminal Proceedings, if an Offender is convicted of Felony on Confession, or is outlawed; not only the Time of the Felony, but the Felony itself may be traversed by a Purchaser, whose Conveyance would be affected as it stands; and even after a Conviction he may traverse the Time.
In the Proceedings of the Ecclesiastical Court the same Rule holds.
In Dyer there is an Instance of a Second Administration fraudulently obtained, to defeat an Execution at Law against the First; and the Fast being admitted by Demurrer, the Court pronounced against the fraudulent Administration.
In another Instance, an Administration had been fraudulently revoked; and the Fast being denied, Issue was joined upon it; and the Collusion being found, the Court gave Judgement against it.
In the more modern Cases the Question seems to have been, Whether the Parties should be permitted to prove Collusion; and not seeming to doubt but that Strangers might.
So that Collusion being a Matter extrinsic of the Cause, may be imputed by a Stranger, and tried by a Jury, and determined by the Courts of Temporal Jurisdiction.
And if Fraud will vitiate the judicial Acts of the Temporal Courts, there seems as much Reason to prevent the Mischiefs, arising from Collusion in the Ecclesiastical Courts, which, from the Nature of their Proceedings, are at least as much exposed, and which we find have been in fact as much exposed, to be practised upon for sinister Purposes, as the Courts in Westminster Hall.
We are therefore unanimously of Opinion,
First, That a Sentence in the Spiritual Court against a Marriage in a Suit of Jactitation for Marriage, is not conclusive Evidence, so as to stop the Counsel for the Crown from proving the said Marriage in an Indictment for Polygamy:
But, Secondly, admitting such Sentence to be conclusive upon such Indictment, the Counsel for the Crown may be admitted to avoid the Effect of such Sentence, by proving the same to have been obtained by Fraud or Collusion.

Then it was moved, To adjourn again into Westminster Hall; and that the Counsel be directed to proceed in the Prosecution.

And the House being adjourned accordingly into Westminster Hall, the Peers and others went down in the same Order as before; and the Peers being there seated, and the House resumed,

Proclamation was made for Silence.

Then the Lord High Steward acquainted the Counsel for the Prosecutor, That they were to proceed in the Prosecution.

Whereupon,

Mr. Attorney General and Mr. Solicitor General were heard to open the Charge against the Prisoner; and called Ann Cradock, who was examined upon Oath, in order to prove the Prisoners Marriage with Mr. Hervey, as stated in the Indictment: She was cross-examined by the Prisoners Counsel; the Clerk, by the Direction of the Lord High Steward, going down to the Bar, and repeating the Answers given by the Witness.

The House was moved, To adjourn to the Chamber of Parliament.

And being adjourned accordingly,

The Lords, and others returned in the same Order as before.

And the House being there resumed:

Ordered, That this House will proceed further in the Trial of Elizabeth Duchess Dowager of Kingston, in Westminster Hall, To-morrow, at Ten of the Clock in the Morning; and that the Judges and Witnesses do then attend.

Duchess of Kingston to be brought again To-morrow.

Ordered, That the Gentleman Usher of the Black Rod attending this House, do bring the Body of the said Elizabeth Duchess Dowager of Kingston to the Bar of this House in Westminster Hall, To-morrow, at Ten of the Clock in the Morning.

To Sir Francis Molyneux Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Adjourn.

Dominus Summon Senescallus declaravit prsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum diem instantis Aprilis, hora decima Auror, Dominis sic decernentibus.

Die Sabbati, 20^o Aprilis 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sir Charles Bunburys Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of Sir Thomas Charles Bunbury Baronet, with the Right Honorable Lady Sarah Lenox his now Wife, and to enable him to marry again; and for other Purposes therein mentioned, which stands appointed for Monday next, be put off to Wednesday next, and the Lords summoned; and that the several Persons who were ordered to attend as Witnesses on that Day, do then attend.

Jenkinss Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, An Ad to dissolve the Marriage of the Reverend John Jenkins Clerk, with Mary Jenkins his now Wife, and to enable him to marry again; and for other Purposes therein mentioned, which stands appointed for Monday next, be put off to Wednesday next, and the Lords summoned; and that the several Persons who were ordered to attend as Witnesses on that Day, do then attend.

D. St Albans, Petition, hearing Counsel put off.

Ordered, That the Hearing of Counsel upon the Report of the Judges, to whom was referred the Petition of the Most Noble George Duke of Saint Albans; praying Leave to bring in a Private Bill for the Purposes therein mentioned, which stands appointed for Monday next, be put off to Thursday next.

Causes put off.

Ordered, That the Hearing of the Cause wherein John Ross of Auchnacloich is Appellant, and Murdoch Mackenzie of Ardross, Esquire, is Respondent, which stands appointed for Monday next, be put off to Friday next; and that the Rest of the Causes, on Cause Days, be removed in Course.

Rogers against Holled et al.

Ordered, That the Hearing of the Cause wherein Samuel Rogers Clerk is Appellant, and Thomas Holled and others are Respondents, which stands appointed for Tuesday next, be put off to Thursday next.

L. Chief Justice of the Common Pleas desired to favour the House with his Argument Yesterday.

Ordered, That the Lord Chief Justice of the Court of Common Pleas be, and he is hereby desired to favour this House with a Copy of his Argument upon the Questions proposed to the Judges by this House Yesterday.

Duchess of Kingstons Trial.

The Order of the Day being read for the proceeding further in the Trial of Elizabeth Duchess Dowager of Kingston, upon the Indictment found against her; the Lords were called over by the Clerk, Garter King at Arms marking in his List those that were present, and the Clerk taking down the Names of the absent Lords.

The Names of the absent Lords are as follow:

L. Milton.

L. Holland.

L. Grantham.

L. Sondes.

L. Montfort.

L. Monson.

L. Cadogan.

L. Onslow.

L. Hay of Petwardin.

L. Clifford of Chudleigh.

L. Langdale.

L. Byron.

L. Leigh.

L. Teynham.

L. Dormer.

L. Arundell of Wardour.

L. Petre.

L. St. John of Bletsoe.

L. Stourton.

L. Dacre.

L. Audley.

Bp. Carlisle.

Bp. Bristol.

Bp. Gloucester.

Bp. Hereford.

Bp. Winchester.

V. Dudley & Ward.

V. Leinster.

E. Chatham.

E. De. Lawarr.

E. Ilchester.

E. Cornwallis.

E. Guilford.

E. Harcourt.

E. Powis.

E. Portsmouth.

E. Graham.

E. Cowper.

E. . Bristol.

E. Bute.

E. Dunmore.

E. Aberdeen.

E. Strathmore.

E. Albemarle.

E. Plymouth.

E. Holdernesse.

E. Abingdon.

E. Litchfield.

E. Shaftesbury.

E. Chesterfield.

E. Westmorland.

E. Northampton.

E. Salisbury.

E. Shrewsbury.

D. Montagu.

D. Rutland.

D. Bedford.

D. Leeds.

D. Somerset.

D. Norfolk.

Abp. York.

D. Gloucester.

Then the House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday.

And the Lords being there seated, Leave was asked, and given, for the Judges to be covered.

Proclamation was then made for Silence; as also Proclamation for the Gentleman Usher of the Black Rod to bring the Prisoner to the Bar.

Who being brought accordingly, kneeled, till she Was acquainted by the Lord High Steward, That she might rise.

Then the Lord High Steward, with the Consent of the Court, went down to the Table; and Mr. Dunning was directed to proceed; and called,

Ann Cradock, who was again examined by several of the Lords, as to her Knowledge of the Prisoners Marriage with Mr. Hervey, and other Matters.

Then Mr. Dunning called Mrs. Sophia Fettiplace and Mr. Casar Hawkins, who being sworn, were examined to the same Effect.

Then Mr. Solicitor General called, The Lord Viscount Barrington, who being sworn, was examined; but refusing to answer a Question put to him, on Account of his being bound, as he thought, in Honour not to disclose what had been confidentially communicated to him:

The Prisoner at the Bar declared, That she, on her Part, released his Lordship from any Tie of that Sort; and wished his Lordship to declare all he knew.

Whereupon,

Mr. Solicitor General, on the Part of the Prosecutor, acquainted the House, That in consequence of what had fallen from the Prisoner at the Bar, he would not examine his Lordship: And the Counsel for the Prisoner declining asking his Lordship any Questions,

A Question was put by One of the Lords to the Lord Viscount Barrington, which he declining to answer, unless it was the Opinion of the Court, That he having sworn to speak the Truth, and the whole Truth, would, by his Silence, be guilty of Perjury:

It was moved, To adjourn to the Chamber of Parliament.

And being adjourned accordingly,

The Lords and others returned in the same Order they came down.

And the House being there resumed:

It was moved, To resolve, That the Lord High Steward do acquaint the Lord Viscount Barrington, that it is the Judgement of this House, that he is bound by Law to answer to all such Questions as shall be put to him.

After Debate,

The same was agreed to, and Ordered accordingly.

Then the House again adjourned to Westminster Hall, and the Peers and others went down in the same Order as before; and the Peers being there seated, and the House resumed,

Proclamation was made for Silence.

Then the Lord High Steward acquainted the Lord Viscount Barrington, That it is the Judgement of this House, that he is bound by Law to answer to all such Questions as shall be put to him.

Then the Lord High Steward, with the Consent of the Court, went down to the Table.

Then a Question was put to the Lord Viscount Barrington by One of the Lords, as to his Knowledge of the Prisoners Marriage with Mr. Hervey.

His Lordship at first objected to answering the said Question; but having consulted with the Counsel for the Prosecutor, his Lordship acquainted the House, That having advised with the Counsel for the Prosecutor, and finding that if he did not answer, he having been sworn To speak the Truth, and the whole Truth, he should be guilty of Perjury if he continued silent, he was ready to answer any Questions that their Lordships chose to ask him.

Whereupon, He was examined as to his Knowledge of the said Marriage, and as to the Birth of a Child of that Marriage, and when it died.

Then Mr. Dunning called Judith Phillips, the Reverend Mr. Stephen Kinchin, the Reverend Mr. John Dennis, and Mr. William James, who were severally sworn and examined by the Counsel for the Prosecutor and several of the Lords.

Then Mr. Dunning called Mr. James Trebeck and the Reverend Mr. Samuel Harper, who being sworn, were examined, and proved the Marriage of the Prisoner with the late Duke of Kingston in March 1769.

Then the Counsel for the Prosecutor acquainting the House, That, in this present Stage of the Trial, they should not call any more Witnesses:

The House was moved, To adjourn to the Chamber of Parliament.

And being adjourned accordingly,

The Lords and others returned in the same Order they came down.

And the House being there resumed,

It was moved, That the Prisoner might have Leave to go, in the Custody of the Black Rod, to Doctors Commons To-morrow, to consult with Doctor Collier, who was so very ill as not to be able to stir out of his House.

The same was agreed to, and ordered accordingly.

Ordered, That this House will proceed further in the Trial of Elizabeth Duchess Dowager of Kingston, in Westminster Hall, on Monday next, at Ten of the Clock in the Morning; and that the Judges and Witnesses do then attend.

Duchess of Kingston to be again brought.

Ordered, That the Gentleman Usher of the Black Rod attending this House, do bring the Body of the said Elizabeth Duchess Dowager of Kingston to the Bar of this House, in Westminster Hall, on Monday next, at Tea of the Clock in the Morning.

To Sir Francis Molyneux Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Adjourn.

Dominus Summon Senescallus declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum secundum diem instantis Aprilis, hora decima Auror, Dominis sic decernentibus.

Die Sabbati, 2^o Decembris 1797.

Hitherto examined by us,

F. Bristol.

Napier.

Walsingham.