House of Lords Journal Volume 36: February 1781 11-20

February 1781 11-20

DIE Mercurii, 14^o Februarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

V. Courtenay takes the Oaths, &c.

This Day William Viscount Courtenay took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ambrose against Hodgson et Ux. & Belchier.

The Order of the Day being read for hearing Counsel in the Cause wherein John Ambrose is Appellant, and the Reverend Robert Hodgson Clerk, and Catherine his Wife, and Catherine Belchier are Respondents; and for the Judges to attend.

Counsel were accordingly called in.

And the Counsel on both Sides having been fully heard,

The Counsel were directed to withdraw.

Questions to Judges.

Proposed, "That the Judges be directed to deliver their Opinions upon the following Questions;" (videlicet)

"Whether Catherine Belchier, the Daughter of Elizabeth Belchier, took any and what Estate under the Will of Susan Jolland?"

"What Estate Catherine Hodgson late Jolland, took under the said Will?"

The same was agreed to, and the said Questions were accordingly put to the Judges.

Whereupon,

The Lord Chief Baron of the Court of Exchequer having conferred with the rest of the Judges present, delivered their unanimous Opinion upon the said Questions.

Upon the First Question,

"That Catherine Belchier, the Daughter of Elizabeth, took no Estate under the Will of Susan Jolland."

Upon the Second Question.

That Catherine Hodgson, late Catherine Jolland, took an Estate for Life, in all the devised Premises not merged by the Devise to the Heirs of her Body, but by that Devise an Estate Tail in Remainder vested in the said Catherine Jolland;" and gave his Reasons.

Then the following Order and Judgement was made:

Decree affirmed with Costs.

After hearing Counsel this Day upon the amended Petition and Appeal of John Ambrose, complaining of an Order or Decree of the Court of Chancery of the 15th of July 1780; and praying, "That the same might be reversed, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the joint and several Answer of the Reverend Robert Hodgson Clerk, and Catherine his Wife, late Catherine Jolland Spinster, and the several Answer of Catherine Belchier, put in to the said Appeal; and after hearing the unanimous Opinion of the Judges present upon Two Questions of Law put to them, 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 Petition and Appeal be, and is hereby dismissed this House, and that the said Order or Decree therein complained of, be, and the same is hereby Affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid to the Respondent Catherine Belchier, Fifty Pounds for her Costs, in respect of the said Appeal.

Silk Bill.

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

With a Bill, intituled, "An Act for further continuing an Act made in the Nineteenth Year of the Reign of His present Majesty, "for allowing the Importation of fine organzined Italian Thrown Silk, in any Ships or Vessels, for a limited Time;" to which they desire the Concurrence of this House.

Dutch Prizes Bill.

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

With a Bill, intituled, "An Act for extending the Provisions of Three Acts made in the Eighteenth, Nineteenth, and Twentieth Years of His present Majesty's Reign, with respect to bringing Prize Goods into this Kingdom; to Prizes taken from the States General of the United Provinces; for declaring what Goods shall be deemed Military or Ship Stores; for regulating the Sale of, and ascertaining the Duty upon, East India Goods condemned as Prize in the Port of London; for permitting the Purchasers of Prize Goods condemned abroad to import such Goods into this Kingdom, under the like Regulations and Advantages as arr granted by Law to Captors themselves; and for reducing the Duties on Foreign Prize Tobacco;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Ziegenbein's and Pischell's Naturalization Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing John Engelberts Ziegenbein, and Charles Augustus Pieschell," 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."

Highclere, &c. Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Arable Fields, Commons and Waste Lands, in the Manors and Parishes of Highclere and Burghclere, in the County of Southampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.

Which Amendments were read by the Clerk as follows; (videlicet)

Pr. 2. L. 12. After ("Commissioner") insert ("or as soon after as conveniently may be")

Pr. 3. L. 33. After ("Manors") insert ("so far only as relates to the Purpose of the said Division and Enclosure")

L. 35. Leave out ("and") and insert ("touching the said Boundaries, and shall")

L. 39-40. Leave out from ("Perambulation") to ("having") in Press 4. Line 23. and insert ("such Dispute shall be decided by Arbitrators as herein-after mentioned; and in order thereto, the said Commissioners shall, by Notice in Writing Under their Hands, affixed on the Door of the Church of every Parish wherein the said Manors lie, require the Stewards who hold the Courts of the several Manors concerned together with Francis Page of Newbury, in the County of Berks, Esquire, to meet for the Purpose of deciding the said Dispute, at a Time and Place to be mentioned in the said Notice, which Notice shall be given at least Seven Days before such Meeting; and in case any of the said Stewards, or the said Francis Page, shall neglect or refuse to attend pursuant to the said Notice, that then the said Commissioners shall, for the Purpose of deciding the said Dispute, be joined with such of them as shall so attend; and the said Stewards together with the said Francis Page, in case they shall all be present at such Meeting as aforesaid, or if not, then such of them as shall be present, together with the said Commissioners, shall be and they are hereby appointed Arbitrators to examine and decide the said Dispute, and are hereby invested with full Power and Authority so to do, the said Stewards and the said Francis Page, or such of them as shall attend the said Meeting as aforesaid")

Pr. 5. L. 10. Leave out from ("said") to ("shall") in Line 14. and insert ("Arbitrators") and in the same Line after ("unanimous") insert ("in their Opinion touching the said Dispute")

L. 16. After ("Parties") insert (" but if they shall not be unanimous, then the Opinion of the major Part of them shall decide the Matter in Dispute; and in case the said Stewards and the said Francis Page shall all attend and assist in the said Decision, they shall, by an Instrument in Writing duly signed and sealed by them, signify such their Decision to the said Commissioners within Seven Days after the said Meeting")

L. 28. Leave out from ("Sale") to ("Provided") in Line 34.

L. 36 & 37. Leave out ("such last mentioned") and insert ("the"); and in Line 37. after ("Decision") insert ("of the major Part of the said Arbitrators as aforesaid")

L. 40. Leave out ("Seven") and insert ("Fourteen")

Pr. 6. L. 9. After ("Parties") insert ("Provided always nevertheless, that if any of the Persons who shall be dissatisfied with the Decision of the major Part of the said Arbitrators touching the Boundaries as aforesaid, shall be desirous of having the same decided by an Action at Law instead of the Justices at the Quarter Sessions, and shall, by Writing under his or their Hand or Hands, signify to the said Commissioners such Desire, within Fourteen Days after such Decision, that then it shall be lawful for the Person or Persons so dissatisfied to have the said Dispute settled and determined by an Action at Law, to be brought by him or them against any of the Parties in favour of whom such Decision shall be made, upon a feigned Issue, to be settled by the proper Officer of the Court in which such Action shall be brought, in case the Parties differ about the same, and the Defendant or Defendants in such Action is or are hereby required to appear to such Action, accept a Declaration, and plead to issue; and after the bringing or commencing of such Action the Plaintiff or Plaintiffs shall without Delay proceed therein, so as to have the same tried and determined at the First or at the Second Assizes at the furthest, to be holden for the said County of Southampton next after the said Decision; any Thing herein before contained to the contrary hereof notwithstanding.")

L. 11. After ("said") insert ("Fields")

L. 14. After ("the") insert ("Fields")

L. 24. After ("said") insert ("Fields")

Pr 7. L. 18. After ("Churchwardens") insert ("and with the Assent of the Arbitrators here in before appointed")

Pr. 16. L. 38. Leave out from ("proper") to ("and") in Press 18. Line 36."

And the Fourteen first Amendments being read a Second Time were, severally, agreed to by the House.

Then the last Amendment being again read by the Clerk, was disagreed to by the House.

Gooch's Divorce Bill.

Ordered, That Sophia Bertault, Francoise Fortier, Jacob Panchaud and Margaret Macdonnell do attend this House To-morrow, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Gooch Esquire, with Elizabeth Sarah Gooch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Hamilton against Roebuck.

Upon reading the Petition and Appeal of John Hamilton Esquire of Sundrum, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of December 1780 and 1st of February 1781, and praying, "That the same may be reversed, or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Doctor John Roebuck of Birmingham, now residing at Kinneil, may be required to answer the said Appeal:"

It is Ordered, That the said Doctor John Roebuck may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 14th Day of March next; and Service of this Order upon the said Respondent, or upon his Procurators or Agent in the Court of Session in Scotland, shall be deemed good Service.

Hamilton against Boyes.

Upon reading the Petition and Appeal of John Hamilton Esquire of Sundrum, complaining of Two Interlocutors of the Lords of Session in Scotland of the 21st of December 1780 and. 1st of February 1781, and praying, "That the same may be reversed, or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that John Boyes Junior, Writer in Hamilton, may be required to answer the said Appeal:"

It is Ordered, That the said John Boycs Junior may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 14th Day of March next; and Service of this Order upon the said Respondent, or upon his Counsel or Agent in the Court of Session in Scotland, shall be deemed good Service.

Gordon against Hamilton.

Upon reading the Petition and Appeal of Alexander Gordon of (fn. 1) Couchitoun Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 8th of December 1780 and 1st of February 1781, and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that John Hamilton Esquire, of Bargeny, may be required to answer the said Appeal:"

It is Ordered, That the said John Hamilton may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 14th Day of March next; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Gordon against Dalziel.

Upon reading the Petition and Appeal of Alexander Gordon Esquire of (fn. 2) Couchieton, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of December 1780 and 1st of February 1781, and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Richard Dalziel of Glenae may be required to answer the said Appeal:"

It is Ordered, That the said Richard Dalziel may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 14th Day of March next; and Service of this Order upon the known Counsel or Agent of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Gordon against Moodie.

Upon reading the Petition and Appeal of Alexander Gordon Esquire of (fn. 2) Conchieton, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of December 1780 and 1st of February 1781, and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Benjamin Moodie may be required to answer the said Appeal:"

It is Ordered, That the said Benjamin Moodie may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 14th Day of March next; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Gordon against Clark.

Upon reading the Petition and Appeal of Alexander Gordon Esquire, of (fn. 2) Conchitoun, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of December 1780, and 1st of February 1781; and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Clark Junior, Writer in Dumfries, may be required to answer the said Appeal:"

It is Ordered. That the said John Clark may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the 14th Day of March next, and Service of this Order upon any of the Counsel or Agents of the said Respondent in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on Corbet's Appeal.

The House being moved, "That James Chalmer of Leicester Fields Gentleman, may be permitted to enter into a Recognizance for Cunningham Corbet and others, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellants; as desired.

Siordet and Hooffstetter's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing James Mary Siordet and John Lewis Hooffstetter."

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

It was resolved in the Affirmative.

Chasseaud's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Chasseaud."

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

It was resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

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

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

Kater's Naturalization Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Herman Kater."

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

It was resolved in the Affirmative.

Culham, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of Two Acts of the Ninth and Twenty-eighth Years of His late Majesty King George the Second, for amending and keeping in Repair such Part of the Roads described in the last mentioned Act as leads from the End of Culham Bridge next to Culham, in the County of Oxford, to the End of Burford Bridge next to Abingdon, in the County of Berks; and from the Mayor's Stone at the End of Boar Street, in the Town of Abingdon aforesaid, to Shippon, in the County of Berks, and from thence to the West End of the Town of Fyfield, in the same County."

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 Two preceding Bills.

And Messages were, severally, ordered to be 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.

Militia augmenting Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Nineteenth Year of His present Majesty, intituled, "An Act for augmenting the Militia."

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.

E. Ailesbury takes the Oaths, &c.

This Day Thomas Bruce Brudenell Earl of Ailesbury, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, his Lordship having first at the Table delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 15^o Februarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highclere, &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Arable Fields, Commons and Waste Lands, in the Manors and Parishes of Highclere and Burghclere, in the County of Southampton."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same with some Amendments, to which their Lordships desire their Concurrence.

Ziegenbein and Pieschell's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Engelberts Ziegenbein and Charles Augustus Pieschell."

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

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Dutch Prize Bill.

Hodie 2^a vice lecta est Billa, intituled "An Act for extending the Provisions of Three Acts made in the Eighteenth, Nineteenth and Twentieth Years of His present Majesty's Reign, with respect to bringing Prize Goods into this Kingdom, to Prizes taken from the States General of the United Provinces; for declaring what Goods shall be deemed Military or Ship Stores; for regulating the Sale of, and ascertaining the Duties upon, East India Goods condemned as Prize in the Port of London; for permitting the Purchasers of Prize Goods condemned abroad to import such Goods into this Kingdom under the like Regulations and Advantages as are granted by Law to Captors themselves; and for reducing the Duties on Foreign Prize Tobacco."

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.

Silk Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for further continuing an Act made in the Nineteenth Year of the Reign of His present Majesty, "for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Spottiswoode to enter into Recognizance on Hamilton's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for John Hamilton Esquire, on account of his Appeal depending in this House, he living in Scotland:"

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

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for John Hamilton Esquire, on account of his Appeal depending in this House, he living in Scotland:"

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

Militia augmenting Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Nineteenth Year of His present Majesty, intituled, An Act for augmenting the Militia."

After some Time, the House was resumed:

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

Gooch'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 William Gooch Esquire, with Elizabeth Sarah Gooch 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; and for the Lords to be summoned:

Counsel were accordingly called in; and Mr. Arden appearing as Counsel for the Bill, and Mr. Serjeant Bolt appearing as Counsel for Mrs. Gooch:

The said Bill was read a Second Time.

Then Mr. Arden was heard in Support of the Bill, and to make out the Allegations thereof; and in order to prove the Marriage, called Mr. Thomas Woodcock, who being sworn, produced a Copy of an Entry in the Register Book of Marriages of the Parish of Saint George Hanover Square, and proving it to be a true Copy, the same was read, whereby it appeared that Mr. and Mrs. Gooch were married at the said Parish Church, on the 13th Day of May 1775.

And then he withdrew.

Then Mr. John Gooch was called in, and being sworn, acquainted the House, "That he was Brother to the said Mr. Gooch, and that he was present at their Marriage; that Mr. and Mrs. Gooch lived together till 1778; that they had Two Children, both Boys; that they ceased to cohabit together about the Beginning of the Year 1778; that the Cause of their Separation was in consequence of Mrs. Gooch's Behaviour at Bath; before that Time they had lived, as appeared to him, upon very good Terms; that he was present at Bath with them that Mrs. Gooch had formed a Connection with a Singer there, named Rauzzini; that the wrote him a Note expressing herself in such Terms as made his Brother suspect her; that the then left his Brother and went to the said Rauzzini; that his Brother told his Father of her Behaviour; that the last Time he saw her in his Brother's Family was about the Beginning of the Year 1778."

He was directed to withdraw.

Then Sophia Bertault was called in; and being sworn, acquainted the House, "That the lived with Mrs. Gooch at a Mrs. Macdonald's, in Mount Street, Grosvenor Square, about Eighteen Months since; that the said she was then come from Calais; that she staid at Mrs. Macdonald's about Six Weeks; that the, the Witness went with Mrs. Gooch to Calais in August, to a Mrs. Bezein's; that the Baron D'Artaud lodged in the same House; that he became acquainted with Mrs. Gooch; that they lived together a Fortnight; that they were often together; that the has seen them together frequently in Mrs. Gooch's Bed Chamber in a Morning about Seven or Eight o'Clock; that she saw them in Bed together Twice; that Mrs. Gooch and the said Baron D'Artaud went from thence together to Boulogne; that the, the Witness, followed them, and there found the said Baron with Mrs. Gooch; that they lived together about Six Weeks or Two Months; that Mrs. Gooch then left him, and went to St.Omer's to an Inn there; that the made no Acquaintance there; that she then returned to Boulogne, where the became acquainted with a Count le Mar; that he visited her often in her Bed Room, sometimes about Twelve or One o'Clock at Night, sometimes in the Day; that Mrs. Gooch became, also acquainted with a Mr. Dumenil, who lived in Boulogne; that he often visited her; that the, the Witness, saw them Twice in Bed together; that his Hours of visiting Mrs. Gooch were uncertain, sometimes he came in a Morning and sometimes in an Evening; that when the saw them in Bed together, the went into the Room to attend Mrs. Gooch."

She was directed to withdraw.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel, and Examination of Witnesses, be adjourned to Monday next; and that the several Witnesses who were ordered to attend this Day, do then attend; and that the Lords be summoned.

Falmouth, &c. Road Bill.

A Message was brought from the House of Commons, by Sir William Lemon, and others:

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act made in the First Year of the Reign of His present Majesty, for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Hellstone and Marazion, and from thence to and over Marazion River and Bridge, and Two hundred Feet to the Westward of the said River and Bridge;" to which they desire the Concurrence of this House.

Moved to adjourn.

Accordingly,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 16^o Februarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Stamford takes the Oaths; &c.

This Day George Harry Earl of Stamford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. Clanbrassill against Taylor.

After hearing Counsel in Part in the Cause wherein the Right Honourable James Earl of Clanbrassill in the Kingdom of Ireland is Appellant, and Robert Taylor Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next.

Johnston against Maylor in Error.

The Earl of Mansfield Lord Chief Justice of the Court of King's Bench, in the usual Manner delivered in at the Table a Writ of Error, wherein

William Johnston is Plaintiff,
and,
Paul Maylor is Defendant.

Silk Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for further continuing an Act, made in the Nineteenth Year of the Reign of His present Majesty for allowing the Importation of Fine Organzined Italian Thrown Silk in any Ships or Vessels for a limited Time."

After some Time, the House was resumed:

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

Dutch Prize Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for extending the Provisions of Three Acts, made in the Eighteenth, Nineteenth and Twentieth Years of His present Majesty's Reign, with respect to bringing Prize Goods into this Kingdom, to Prizes taken from the States General of the United Provinces; for declaring what Goods shall de deemed Military or Ship Stores; for regulating, the Sale of and ascertaining the Duties upon East India Goods condemned as Prize in the Port of London; for permitting the Purchasers of Prize Goods, condemned abroad, to import such Goods into this Kingdom, under the like Regulations and Advantages as are granted by Law to Captors themselves; and for reducing the Duties on Foreign Prize Tobacco."

After some Time, the House was resumed:

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

Ross to enter into Recognizance on Gordon's Appeal against Moodie.

The House being moved, "That William Ross of Lincoln's Inn Gentleman, may be permitted to enter into a Recognizance for Alexander Gordon Esquire, on Account of his Appeal depending in this House, he living in Scotland:"

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

Gordon against Hamilton, Recog.

The House being moved, "That William Ross of Lincoln's Inn Gentleman, may be permitted to enter into a Recognizance for Alexander Gordon Esquire, on Account of his Appeal depending in this House, he living in Scotland:"

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

Gordon against Dalziel, Recog.

The House being moved, "That William Ross of Lincoln's Inn Gentleman, may be permitted to enter into a Recognizance for Alexander Gordon Esquire, on Account of his Appeal depending in this House, he living in Scotland:"

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

Gordon against Clarke, Recog.

The House being moved, "That William Ross of Lincoln's Inn Gentleman, may be permitted to enter into a Recognizance for Alexander Gordon Esquire, on Account of his Appeal depending in this House, he living in Scotland:"

It is Ordered, "That the said William Ross may enter into a Recognizance for the said Appellant as desired.

Militia augmenting Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the Nineteenth Year of the Reign of His present Majesty, intituled, An Act for augmenting the Militia."

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

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Falmouth, &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, made in the First Year of the Reign of His present Majesty, for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Hellstone and Marazion, and from thence to and over Marazion River and Bridge, and Two hundred Feet to the Westward of the said River and Bridge."

Westminster Bridge Accounts delivered.

The House being informed, "That Mr. Ludbey from the Commissioners of Westminster Bridge attended;"

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

Proceedings of the Commissioners of Westminster Bridge, for the Year 1780:

Accounts of the Treasurer to the Commissioners of Westminster Bridge, from the 10th Day of October 1779 to the 10th Day of October 1780."

And then he withdrew.

And the Titles thereof, being read by the Clerk,

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 19^o Februarii 1781.

Domini tam Spirituals quam Temporales præsentes fuerunt:

PRAYERS.

D. Beaufort takes the Oaths.

This Day Henry Duke of Beaufort took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. Clanbrassill against Taylor.

After hearing Counsel as well on Friday last as this Day, upon the Petition and Appeal of the Right Honourable James Earl of Clanbrassill in the Kingdom of Ireland, complaining of Two Orders of the Court of Chancery in Ireland, of the 15th of January and 7th of July 1780; and praying, "That the same might be reversed, or that the Appellant might 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 Robert Taylor Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Orders 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 Orders therein complained of be, and the same are hereby Affirmed.

Dolphin against Pack et al.

This Day being appointed for hearing, the Cause upon the amended Petition and Appeal of George Dolphin Esquire, complaining of Four Orders of the Court of Exchequer in Ireland of the 9th and 16th of June, and 17th of July, and 8th of November 1779; and praying, "That the same might be reversed and discharged, so far as the Petitioner's Interest is affected thereby, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" to which Appeal Thomas Pack, Anthony Pack, Mary Pack, Jane Pack, Ann Pack, Samuel Pack, Percy Pack and Richard Pack, all Infants, by the Reverend Richard Pack their Father and Guardian, and the said Richard Pack and Mary Pack, otherwise Percy, his Wife, Executors of Jane Percy Widow, deceased, are Respondents:

Counsel were accordingly ordered to be called in; but no Counsel or Agents appearing either for the Appellant or Respondent,

Appeal dismissed.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be, and is hereby dismissed this House.

Smyth's Naturalization, &c. Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Dame Charlotte Sophia Smyth Wife of Sir Robert Smyth Baronet, and for qualifying and enabling her to hold and enjoy a Rent Charge limited to her upon her Marriage, in the Name of her Jointure," 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."

Whitby Pier Bill.

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

With a Bill, intituled, "An Act to continue the Duty of One Farthing per Chalder on Coals, granted by an Act of the Twenty third Year of the Reign of King George the Second, for the more effectual repairing and maintaining the Piers and Harbour of Whitby, in the County of York;" to which they desire the Concurrence of this House.

Chicklade Eaclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Downs, Waste Lands and Commonable Places, of and within the Parish of Chicklade, in the County of Wilts;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Fraill against Haldane.

Upon reading the Petition and Appeal of Thomas Fraill of Holland, in the County of Orkney, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 10th and 14th of February 1781; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Haldane Esquire, of Gleneagles, may be required to answer the said Appeal:"

It is Ordered, That the said George Haldane may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 19th Day of March next: And Service of this Order, upon the said Respondent or upon any of his known Agents or Procurators in the Court of Session in Scotland, shall be deemed good Service.

Sir J. Scott and Kerr against Sir J. Dalrymple.

Upon reading the Petition and Appeal of Sir John Scott of Ancram Baronet, and Patrick Kerr of Abbotrule Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th of January and 7th of February 1781; and praying, "That the same may be reversed, varied or altered, or 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 Sir John Dalrymple of Cousland Baronet, may be required to answer the said Appeal:"

It is Ordered, That the said Sir John Dalrymple may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 19th Day of March next: And Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Dutch Prize Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for extending the Provisions of Three Acts, made in the Eighteenth, Nineteenth and Twentieth Years of His present Majesty's Reign, with respect to bringing Prize Goods into this Kingdom; to Prizes taken from the States General of the United Provinces; for declaring what Goods shall be deemed Military or Ship Stores; for regulating the Sale of and ascertaining the Duties upon East India Goods condemned as Prize in the Port of London; for permitting the Purchasers of Prize Goods condemned abroad to import such Goods into this Kingdom, under the like Regulations and Advantages as are granted by Law to Captors themselves; and for reducing the Duties on Foreign Prize Tobacco."

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

It was resolved in the Affirmative.

Silk Bill:

Hodie 3^a vice lecta est Billa, intituled; "An Act for further continuing an Act, made in the Nineteenth Year of the Reign of His present Majesty for allowing the Importation of Fine Organzined Italian Thrown Silk in any Ships or Vessels, for a limited Time."

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 Two preceding Bills.

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

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

Falmouth, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, made in the First Year of the Reign of His present Majesty, for amending and widening the Road leading from the Town of Falmouth, in the County of Cornwall, through the Towns of Penryn, Hellstone and Marazion, and from thence to and over Marazion River and Bridge, and Two hundred Feet to the Westward of the said River and Bridge."

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

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

Lawson against Lawson.

Ordered, That the Hearing of the Cause wherein John Lawson Esquire is Appellant, and Winifred Lawson Widow is Respondent, which stands appointed for Wednesday next, be put off to Monday next.

Gooch's Divorce Bill.

The Order of the Day being read for hearing Counsel further upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Gooch Esquire with Elizabeth Sarah Gooch his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and for the further Examination of Witnesses to make out the Allegations of the Bill; and for the Lords to be summoned:

Counsel were called in; and Mr. Douglas appeared as Counsel for Mrs. Gooch.

Mr. Arden, Counsel for the Bill, again called in Sophia Bertault; who, being examined, acquainted the House, "That she, in October last, saw Monsieur Dumenil and Mrs. Gooch in Bed together at Mrs. Clare's at Boulogne; that they had been acquainted about a Week or a Fortnight; that she can't say how often Monsieur Dumenil visited her; that it might be every Day; that they had been at Boulogne about a Month or Six Weeks before; that they became ac quainted a short Time after Mrs. Gooch's coming to Boulogne a Second Time; that they had no previous acquaintance that she knew of; that she saw him naked in Bed with Mrs. Gooch; that the Curtains were open, and that Mrs. Gooch made no Secret of it to her."

Mr. Douglas being asked, "If he had any Questions to ask the Witness?" Said, "No."

She was directed to withdraw.

Then Francoise Fortier was called in, and not being able to speak English, John Lejune was called in and sworn, and interpreted the Questions put to her, and her Answers; and she being sworn and examined, acquainted the House, "That she knew Mrs. Gooch; that she lodged at a Mrs. Bigour's, in the Rue Royal, at Calais, about Two Years ago; that a French Officer visited her there, whose Name she don't know; that she, the Witness, was a Servant in the Family; that she was Cook; that she knows the Baron d'Artaud; that he visited Mrs. Gooch there; that he did not live in the same House; that he frequently came there; that she has seen them together in Mrs. Gooch's Bedchamber; that Mr. Bigour lived in the House; that he was an Advocate; that no Gentleman then lodged in the House; that she knew the Chevalier de Bissou; that he afterwards lodged with Mrs. Bigour; that he took Two Rooms with Mrs. Gooch, on the First Floor; that there was a Bed in each Room; that they both laid separate; that she has seen them in Bed together; that she did not look how they were, but that she saw them in the same Bed; that they lodged together Four Months; that she saw them in Bed together only once."

Mr. Douglas acquainted the House,

"That he had no Questions to ask the Witness; that he had no Witness to call; that he had no Objections to make to the Settlement made by the Bill upon Mrs. Gooch; and that he received his Instructions from Mrs. Gooch's Relations."

She and the Interpreter were directed to withdraw.

Then Mr. Arden was heard to observe upon the Evidence, and the said Francoise Fortier and the Interpreter were again called in; and she being asked, "How she came to go into Mrs. Gooch's Bed Room?" said, Mrs. Gooch called her to bring a Candle; that she then saw her in Bed with the Chevalier de Bissou; that she was the only Servant in the Family; that Mrs. Gooch had no Servant." Being asked, "Why she called herself a Cook?" Said, "She was the only Servant in the House; that it was about Eleven o'Clock at Night when she saw them in Bed together; that she never talked with Mrs. Gooch about it but once, at the Time of seeing them in Bed together, who then told her to remember it; that the Occasion of her calling her to bring a Candle, was, that she would be wanted in England to be examined about what she had seen; that Mrs. Gooch did not open the Curtains when she told her this, the Curtains were open before."

She and the Interpreter were again directed to withdraw.

Then Sophia Bertault was again called in, and, being examined, acquainted the House, "That the first Time she saw Mrs. Gooch and Monsieur Dumenil in Bed together was about Eight o'Clock in the Morning; that the next Time was about Eleven or Twelve o'Clock at Night, different Times; that she was then Servant to Mrs. Gooch, who had no other; that about Ten Months ago she remembered the Witness, Francoise Fortier, at Mrs. Bigour's, at Calais; that she was Servant to Mrs. Bigour and Mrs. Gooch." Being asked, "If she was not surprized at seeing Mrs. Gooch in Bed with Monsieur Dumenil?" Said, "No; that Mrs. Gooch rang for her, and spoke to her, when she saw them in Bed together; that she knew Mrs. Gooch was a married Woman; that Mrs. Gooch told her, before Christmas last, that she was to be examined relating to this Business, and that Two of Mrs. Gooch's Servants were to fetch her; saying, "She was going to be parted from Mr. Gooch, and that the had no Objection to being parted, and bid her hold herself in Readiness to come to England;" that Mr. Gooch's Servants did not come to fetch her; that Mrs. Gooch sent her, the Witness, over; that she applied to Mr. Woodcock for her Wages, and that he paid her; that Mrs. Gooch gave her no Directions when she, the Witness, told her she was coming to England to see her Friends."

She was directed to withdraw.

Then Mark Holman, Deputy Register of the Consistory Court of the Bishop of London, was called in, and being sworn, produced the original Definitive Sentence of Divorce in the said Court against the said Elizabeth Sarah Gooch for Adultery, and the same was read.

He was directed to withdraw.

Then Mr. Arden again called the said Sophia Bertault, and she, being examined as to Mrs. Gooch's general Conduct while she was with her in France, acquainted the House, "That Mrs. Gooch lodged at Mrs. Bigour's, at Calais, about Ten Months ago; that she there became acquainted with a Baron de Bried, who lodged at Mrs. Bigour's with her, that he had the front Room, and Mrs. Gooch the back Room; that they lived together about a Fortnight; that he visited her sometimes in the Morning, sometimes in the Evening; that she saw them together in Mrs. Gooch's Bed Room only in the Day; that Mrs. Gooch was dressed; that he carried Mrs. Gooch to Boulogne; that she, the Witness, went there after them, and found them at an Inn; that they staid there Three Days, when they went to a Miss Mariot's; that the Baron de Bried lived with her there; that Mrs. Gooch left him and went to St. Omer's; that she went with her to an Inn there; that many Gentlemen visited Mrs. Gooch there; that a Monsieur Montmorency used to visit her in her Bed Room, at the Inn, about One o'Clock in the Morning; that Mrs. Gooch afterwards came to Boulogne again; that she was there visited by a Count le Mer; that he used to visit her in the Morning, and often at Night; about Two o'Clock in the Morning he was frequently in her Bed Room; that Monsieur Dumenil visited her there; that she was visited by a Monsieur Bouquer at her Lodgings, at Mrs. Le Gays; that he visited her sometimes in a Morning, sometimes at Night, and sometimes staid almost all the Night; that she, the Witness, used to sit up till he was gone; that she has seen them in Mrs, Gooch's Bed Chamber Twice or Three Times; that Mrs. Gooch was in an Undress, without Stays, in a short Sacque and Coat; that she was visited by a Count de Bossun, but she did not see any Thing that passed between them, as she left Mrs. Gooch when he began to visit her; that she, the Witness, went out of England with Mrs. Gooch; that she knew Mr.Gooch; that Mrs. Gooch talked with her about living with him before she left England, at Mrs. Macdonald's, about Eighteen Months ago; that Mrs. Gooch sent her, the Witness, with a Letter to Mr. Gooch; that he gave it her again to take back; that no other Letters passed between them, that she knew of."

She was directed to withdraw.

Then Mr. Elboro' Woodcock was called in; and being sworn acquainted the House, "That the said Sophia Bertault applied to him for Payment of a Draft or Bill of Mrs. Gooch's for Wages due to the said Sophia Bertault, and that he paid it, thinking it was for Mr. Gooch's Credit to do it, as the said Sophia Bertault was in Distress, and that it was but Five Pounds; that he knew nothing of her previous to the Time of Mrs. Gooch's Adultery; that this Business was put into his Hands about a Year and a Half ago; that at that Time hewas not in Possession of any particular Evidence; that upon his being applied to by Mr. Gooch about sending to France to get Witnesses, he advised him not, saying, it would appear as Collusion, and advised him to be very delicate in the Business; that the first Time he knew of any Evidence was when Sophia Bertault applied to him for her Wages; that he did not know or suspect Mrs. Gooch's furnishing Evidence; that soon after Mr. Gooch's first Application to him he sent some Persons over to St. Omer's, upon whose Testimony he instituted a Suit against Mrs. Gooch in the Ecclesiastical Court about November Twelvemonth; that thinking the Evidence insufficient he proceeded no further ; that he heard no more about this Business for some Time; that some Time after he heard Mrs. Gooch was endeavouring to be reconciled to her Husband, who seemed to give Attention to it, which greatly displeased his Relations; that he heard no more of it till the Witness Sophia Bertault applied to him; that he then instituted another Suit in the Ecclesiastical Court; that Mrs. Macdonald was examined, to prove that Mrs. Gooch was the Person who lodged at her House that Sophia Bertault having told him about Francoise Fortier, Mrs. Bigour's Servant, he sent over a Mr. Panchaud for her, being aware there must be Two Witnesses in the Commons; that he had no Concert whatsoever relative to the Witness Francoise Fortier seeing Mrs. Gooch in Bed; that he believes the was furnished with that Evidence by some Person, but knew not that it was by Mrs. Gooch till the declared it at the Bar; that the Witness did not tell him that Mrs Gooch bid her observe what the saw; that to his Knowledge Mrs. Gooch was very desirous of being divorced; that he had received several Letters from her in which the expressed her Wishes to be divorced, as after what had happened she could never again live in this Country; that he had no Evidence of Criminality anterior to those Letters which he received from her about Two Years ago; that his Answers to her were, That he thought it right for Mr. Gooch to apply for a Divorce, he, being equally anxious as herself to procure one, but that it must, be done in a legal Manner, without any Collusion;" that he first received Notice of the French Witness from Sophia Bertault, when the applied to him for her Wages, who, he thought, living in Bigour's Family, must know something of Mrs. Gooch's Conduct; that he spoke to Sophia Bertault on this Subject about Two Months ago, as Two Witnesses would be wanted in the Ecclesiastical Court; that Mrs. Gooch did not order him to pay the said Sophia Bertault her Wages."

He was directed to withdraw.

Then Mr. Arden was heard in Support of the Bill.

The Counsel were directed to withdraw.

Ordered, That the further Consideration of this Bill be adjourned to Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.