Journal of the House of Lords Volume 24, 1732-1737. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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February 1734, 11-20
DIE Lunæ, 11o Februarii.
Upon reading the Petition of William Lord Craven, Jane Upton Widow, as Guardian, and on the Behalf, of John Davis Upton her Son, an Infant, and the several Churchwardens and Overseers of the Poor of the several Parishes of St. Clement's Danes, St. Martin in the Fields, St. James's Westminster, and St. Paul Covent Garden; praying Leave to bring in a Bill, for vesting a Field, or Parcel of Ground, with the Appurtenances, in the said Parish of St. Martin in the Fields, in the County of Middlesex, commonly called The Pesthouse Field, in the said Lord Craven; and for settling certain Premises in Paddington, contracted for, to be marked out, to be enclosed, for building a Pest-house and other Conveniencies, for the Charitable Purposes the said Pest-house Field was settled:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.
A Petition of Joseph Tily, Agent for Margaret Sankey Widow, was read; praying, "In regard the said Margaret Sankey has in her Custody, in Ireland, the Deeds under which she derives her Title, and is coming over from thence; that the hearing her Appeal, which stands appointed for this Day Sevennight, may be adjourned for Three Weeks."
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming the Enclosure, Division, and Exchanges, of several Lands and Grounds, lying in the Common Fields of Wollesthorpe, near Belvorr Castle, in the County of Lincoln."
Upon reading the Petition of Thomas Scawen, Louis Scawen, Robert Scawen, and William Scawen, Esquires, Hugh Lord Viscount Falmouth, Sir William Hammond, John Rudge Esquire, and Elizabeth Stafford; praying Leave to bring in a Bill, for Sale of an Estate in Ireland, settled by the late Sir William Scawen; and for settling another Estate, in the County of Surrey, in Lieu thereof:
The House being informed, "That Mr. Richard Brereton attended, with certain Pleadings and Proceedings, in the Cause wherein William Rowley and Arabella his Wife are Appellants, and Hugh M'Lorinan and others Respondents:"
He was called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, That the same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."
After reading, and considering, the Report of the Judges to whom the Petition of Charles Boone Esquire and Mary his Wife was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Houses in Blechingly, in the County of Surrey, late the Estate of George Evelyn Esquire, deceased, in Charles Boone Esquire; and for settling another Estate, of greater Value, on the Daughters and Coheirs of the said George Evelyn, in Lieu of, and Exchange for, the same."
Upon reading the Petition of Andrew Coltee du Carel, James Coltee du Carel, Isaac Correjolles, John Adolph Schroder, Peter Dupont, Henry Riesenbeck, and Jacob Reinhold; praying, "That their Names may be added to the said Bill:"
After hearing Counsel, upon the Petition and Appeal of Sir Robert Austen Baronet and Peter Burrell Esquire, (Executors and Trustees of Sir Samuel Lennard Baronet, deceased) Mary Johnson, Samuel Lennard, and Thomas Lennard, Infants, by the said Mary Johnson, their Guardian; complaining of an Order made by the late Lord Chancellor, the 16th of April last, affirming a Decree of the Master of the Rolls, the 28th of February 1731, made in a Cause wherein Sir John Leigh Knight was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir John Leigh put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Order made by the late Lord Chancellor, affirming the said Decree, be, and is hereby, affirmed.
DIE Mercurii, 13o Februarii.
Andrew Coltee du Carel, Samuel Coltee du Carel, Isaac Correjolles, John Adolph Schroder, Peter Dupont, Henry Riesenbeck, and Jacob Reinhold, took the Oaths appointed, in order to their Naturalization.
A Petition of Alexander Hamilton Gentleman, Agent for Thomas Anderson, Father and Son, was presented, and read; setting forth, "That the Appellants were, last Session of Parliament, admitted to prosecute their Appeal in Forma Pauperis; and that Mr. Rider (now His Majesty's Solicitor General) and Mr. Home Campbell were assigned Counsel for them;" and praying, In regard the said Mr. Campbell is not yet come from Scotland, that the Hearing of the Petitioner's Appeal may be put off to some Day in the next Month."
Upon reading the Petition of Anne Sneyd, Widow of Ralph Sneyd, late of Keele, in the County of Stafford, Esquire, deceased, who was Eldest Son and Heir of Ralph Sneyd, late of Keele aforesaid, Esquire, by Frances his Wife, now Dame Frances Chester; and of Edward Sneyd, of Anington, in the said County of Stofford, Esquire, Brother of the said Ralph Sneyd the Son, for themselves, and on the Behalf of Dreyden, Ralph, Edward, William, Honour, and Anne Sneyd, Infants, Children of the said Ralph Sneyd the Son, by the said Anne Sneyd; praying Leave to bring in a Bill, for charging a competent Part of certain Estates, in the Counties of Stafford and Chester, in the Petition mentioned, with Provisions for the Daughters and Younger Sons of Ralph Sneyd, Father of the said Ralph Sneyd:
The Duke of Marlborough presented to the House a Bill, intituled, "An Act for the better securing the Constitution, by preventing the Officers of such Land Forces as shall at any Time be allowed by Authority of Parliament from being deprived of their Commissions, otherwise than by Judgement of a Court Martial to be held for that Purpose, or by Address of either House of Parliament."
"1st, Because the Exigence of Affairs in Times past, or Complaisance of former Parliaments, have, for several Years occasioned the keeping up a considerable Body of Land Forces in this Kingdom: And as various Events may happen, to oblige future Parliaments to pursue the same Measures, which nothing but the utmost Necessity can justify, they being repugnant to the Nature of our Constitution, and dangerous to the Liberties of a free People; and as the whole Disposition of the said Forces is absolutely in the Crown; we cannot but think it highly reasonable that, when so great an Increase of Power and Influence, which was formerly occasional and rare, comes to be annually vested and constantly exercised by the Crown; that some such Limitations as proposed by this Bill are not only proper, but necessary: And we are confirmed in that Opinion, by the Doctrine so often and so strongly laid down in this House, that the greatest Danger to this Nation, from a Standing Military Force, must arise from the Abuse of the Power which now subsists, of cashiering Officers without any Crime proved or alledged, and of garbling the Army at Pleasure; and we heartily wish that nothing had since happened, to put us in Mind of that Doctrine.
"2dly, Because the employing or removing of all General Officers would have been left in the Crown, if this Bill had passed into a Law; for the Enacting Clauses were only to this Purpose, "That no Colonel, or other Officer of inferior Degree, having his Commission from the Crown, shall be cashiered, or removed (other than to an higher Post), or discharged from his Commission, or be deprived of the Pay belonging to the same, in any other Manner than by a Court Martial, to be appointed by a Commission under His Majesty's Sign Manual, to any Officer not under the Degree of a Field Officer:" At the same Time there is a Provision in the Bill, "That nothing shall extend to prevent His Majesty, or His Successors, from disban ding, breaking, or reducing, all or any of the Regiments, Troops, or Companies, now in being, or which shall or may be raised hereafter:" And it is further Provided, "That His Majesty and His Successors may remove any Officer, upon an Address of either House of Parliament." We conceive, therefore, that as those Posts would still have remained, upon all Vacancies, in the sole Disposal of His Majesty; and that the Persons now possessing them are liable to be removed, for any Breach or Neglect of their Duty, by a Court Martial, or by Address of either House of Parliament; the Prerogative of the Crown would no otherwise be abridged or altered than it has been on many other Occasions, particularly in that Instance of making the Judges to hold their Places quamdiu se bene gesscrint, which were formerly during Pleasure only; which Alteration has been always approved, and, we hope, will, in no Time to come, ever be attempted to be repealed.
"3dly, Because the Practice of all the Nations in Europe, even where the Government is most arbitrary, justifies the Intention of this Bill; for no Instance can be produced in any other Kingdom or State (as we believe), where Officers are cashiered or deprived of their Commissions, otherwise than by the Judgement of a Court Martial. How much stronger Reason then have we of this Nation to establish such a Rule, since our Officers are, many of them, in a Capacity of having a Share in the Legislature; where it is absolutely necessary for the Preservation of the Constitution, that every Member should be free and independent; and more particularly at this Time, when we find the Number of Officers having Seats in Parliament far greater than ever it was even in Time of War, when above Three Times the Number of the present Troops were kept on Foot.
"4thly, Although it was objected in the Debate, "That, in Time of Danger, upon Suspicion of traiterous Practices, it might be necessary to remove an Officer from his Post, though the Informations might not be ready to be produced, or proper to be laid before a Court Martial; and yet, by such Officer's continuing in his Post, great Mischief might accrue to His Majesty and the Public;" we apprehend that Objection received a full Answer, "That, in such a Case, an Officer might be immediately put under Arrest, or sent to some other Post where he could not be dangerous;" and, we conceive, such a Method of Proceeding will always be thought most proper, where the Crime is only suspected, but not capable of legal Proof; for it must be allowed as unjust to condemn a Man upon Suspicion only, as it would be unreasonable to let a Man continue in Power who is justly under Suspicion. That Part of the Prerogative which will be always esteemed the brightest Jewel of the Crown, the Power of conferring Grace and Favour, would have remained entire, had this Bill passed into a Law; and only the disagreeable Part, of inflicting Punishments, was designed to be limited, or rather secured by this Bill from being turned to any ill Use, by the private Whispers of some malicious or vindictive Minister, who may at any Time hereafter unhappily get Possession of the Royal Ear.
"5thly, Because, the Time for the new Elections drawing near, we look upon this as the most favourable Opportunity of passing so necessary a Bill; since hereafter the very great Increase, which may probably happen, of the Number of Officers in Parliament, may render the future passing of such Bill totally impracticable; for, while the Officers of the Army remain in their present precarious Situation, they may be intimidated, by the Threats of an unforgiving Minister, from young even for a Bill of this Nature, and choose to purchase present Security, at the Price of their own Interests, and their future Independence in Parliament, in which the Liberties of their Country are so much concerned.
"6thly, Because we conceive the small Degree of Independence, proposed to be given to the Officers of the Army by this Bill, to be necessary, to prevent their being exposed to Temptations; in which (though we are ready to do Justice to the Sentiments of Honour and Virtue in those Gentlemen) we should rather lament, than wonder to find a discouraged and indigent Virtue yield to a criminal, but prosperous, Compliance; especially should we have the Misfortune to see an imperious, all-grasping, Power-engrossing Minister, who may make their political Submission to his oppressive and destructive Schemes the only Test of their Merit, and the only Tenure of their Commissions.
Winchilsea & Nottingham.
Willoughby de Brook.
Oxford & Mortimer.
Moved, "That an humble Address be presented to His Majesty, to desire that He will be graciously pleased to acquaint this House, who advised His Majesty to remove the Duke of Bolton and the Lord Viscount Cobham from their respective Regiments; and what Crimes were laid to their Charge."
"1st, Because we conceive that it is the inherent Right of this House, to address the Crown, to be informed who are the Advisers of any Measures that may be prejudicial to His Majesty's Government, or dangerous to the Liberties of the Nation.
"2dly, Because the Removal of Two Officers of such Rank and Dignity, and of such known Fidelity to His Majesty's Person and Government, without any Cause assigned, or any known or alleged Neglect of their Duty, gave the greatest Alarm to many of His Majesty's most faithful Subjects: We therefore thought it for His Majesty Service, to give Him this Occasion to publish to the World the just Grounds of His Displeasure; or to detect the Calumny of their Accusers, and consequently to withdraw His Confidence from such pernicious Counsellors.
"3dly, Because that, as the Practice of displacing Officers has grown more frequent in Proportion to the Increase of their Number in both Houses of Parliament, the World may entertain (however unjustly) an Opinion, that the free Use of their Votes has been the real Cause of their Disgrace; and the more so, since most of the Persons who have been removed have happened to be Members of One or other House of Parliament.
"4thly, Because Applications of this Nature to the Crown may hereafter protect many of His Majesty's faithful Subjects from the secret and malicious Representations of some Minister in future Times, who, though unrestrained by any Sense of Truth, regardless of his Prince's real Interest, and animated only by his own Passions, may however be checked by the just Apprehensions, that the Applications of Parliament may lay open his Calumnies, and bring upon himself the Disgrace he had prepared for others.
"Winchilsea & Nottingham.
Willoughby de Brook.
Oxford & Mortimer.
"Because we are not conscious that any Neglect or Breach of our Duty can be laid to our Charge; much less any Want of Zeal and Attachment for His Majesty's Person and Government. We therefore must testify our earnest Desire that this Motion had passed in the Affirmative; that we might have had an Opportunity given us of knowing our supposed Crimes and Accusers, and, we hope, of justifiing ourselves to His Majesty and the World.
Whereas To-morrow is appointed, for the House to be put into a Committee, to take into Consideration the Representation of the Commissioners for Trade and Plantations, prepared in Pursuance of an Address to His Majesty of the 13th of June last, for an Account of Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom:
DIE Veneris, 15o Februarii.
With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this House.
Upon reading the Petition of William Rowley Esquire and Arabella his Wife; praying, "In regard there are some few Mistakes in the reciting the Pleadings mentioned in the Petitioners Appeal, that they may be at Liberty to amend the said Appeal, as they shall be advised:"
Service of Order on the Clerk in Court of the Respondents to the Appeal of the City of London, to be good.
A Petition of the Mayor, Commonalty, and Citizens of London, by Charles Stracy, their Solicitor and Agent, was presented, and read; setting forth, "That the said Agent has served the Order of this House on Two of the Respondents to the Petitioners Appeal; but finds it impossible to serve any other of them, they being all Masters of Ships, so as to bring this Cause to a Hearing this Session;" and praying, "That the Service of the said Order upon Mr. John Thompson, the Respondents Clerk in Court, be deemed good Service."
The like Motion and Order, for hearing the Cause wherein Elizabeth Countess Dowager of Kildare and Lady Catherine Jones are Appellants, and Richard Hopson Esquire is Respondent, on the next vacant Day for Causes.
Ordered, That the Committee appointed to consider of the Petition of Arthur Collins Esquire, praying Leave to publish a printed Book relating to Baronies by Writ, notwithstanding there are some few Extracts out of the Journals of this House, be revived; and meet on Tuesday next.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Houses in Blechingly, in the County of Surrey, late the Estate of George Evelyn Esquire, deceased, in Charles Boone Esquire; and for settling another Estate, of greater Value, on the Daughters and Coheirs of the said George Evelyn, in Lieu of, and Exchange for, the same."
The House being moved, "That Mr. Alexander Ross may be permitted to enter into a Recognizance for John Hoggan and others, on account of their Appeal depending in this House; they residing in Scotland:"
Upon reading the Petition and Appeal of George Dundas of Dundas, John Stewart of Binnie, George Dallas of Parkley, Alexander Johnston of Stratton, John Hamilton of Grainge, John Ker of Todshaugh, and James Dundas of Castlecaric, Esquires; complaining of some Parts of Two Interlocutors of the Lords of Session in Scotland, of the 21st of December and 3d of January last; and of Two Interlocutors of the said Lords, of the 1st of this Instant February, made on the Behalf of Thomas Sharp of Houstoun, Alexander Hamilton of Innerweek, James Glen of Longcroft, and Andrew Majoribanks of Majoribanks, Esquires; and praying, "That the same may be reversed:"
It is Ordered, That the said Thomas Sharp, Alexander Hamilton, James Glen, and Andrew Majoribanks, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 15th Day of March next; and that Service of this Order upon the said Respondents Agent at Edinburgh be deemed good Service.
And that the Petition of Andrew Coltee du Carel, Samuel Coltee du Carel, Isaac Correjolles, John Adolph Schroder, Peter Dupont, Henry Riesenbeck, and Jacob Reinhold, praying to be added to the said Bill, be referred to the same Committee.
With a Bill, intituled, "An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands, adjacent to Common Highways, to cut and keep low such Hedges as are adjoining to the said Highways;" to which they desire the Concurrence of this House.
Ordered, That it be referred to the Lords Committees this Day aforenamed, to consider the Standing Order of this House, of the 19th of December 1720, for preventing the great Disorders that have been in this House, especially when His Majesty is present; and report what they shall think proper thereupon:
Moved, "That an humble Address be presented to His Majesty, That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1732, and 31st of December 1733; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."
DIE Martis, 19o Februarii.
Complaint being made to the House, and Oath made at the Bar, "That John Bridger did, within the Time of Privilege of Parliament, cut, or cause to be cut, a great Number of Timber Trees and Tellers, belonging to the Lord Abergavenny, in the Parish of Rotherfield, in the County of Sussex, in Breach of the Privilege of this House:"
It is Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said John Bridger, and bring him to the Bar of this House, to answer the Matter of the said Complaint; and this shall be a sufficient Warrant in that Behalf.
Hodie 1a vice lecta est Billa, intituled, "An Act for enabling Thomas Scawen Esquire, and others, to sell an Estate in Ireland, settled by Sir William Scawen's Will; and settling another Estate (purchased by the said Thomas Scawen) in England, of like Value, to the same Uses."
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirtyfour; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed."
Hodie 2a vice lecta est Billa, intituled, "An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands, adjacent to Common Highways, to cut and keep low such Hedges as are adjoining to the said Highways.
Upon reading the Petition of Henry Trotter Esquire; setting forth, "That, in the Petitioner's Appeal lately presented to this House, to which the Earl of Marchmont and Mr. Hogg are Respondents, there are some Interlocutors omitted to be mentioned;" and therefore praying, "That he may have Leave to amend his said Appeal, by inserting the Dates of such Interlocutors as are omitted, he amending the Respondents Copy; they not having yet put in any Answer:"
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, according to the Prayer of the said Petition; and that the Time for the said Respondents to put in their Answer or respective Answers to the said Appeal be enlarged, for a Month from this Time.
The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize John Matthew Buttner and John Lewis Kraguelius," was committed: "That they had examined the Allegations of the Bill, which they found to be true; and had considered the Petition of Andrew Coltec du Carel and others, to them referred; and had gone through the Bill, and made some Amendments thereunto."
Upon reading the Petition and Appeal of Sir Thomas Moncrief Baronet; complaining of several Interlocutors of the Lords of Session in Scotland, of the 17th, 25th, 29th, and 31st Days of January last, and the 6th and 19th Days of this Instant February, made on the Behalf of Thomas Moncrief Esquire, his Eldest Son; and praying, That the same may be reversed; and that the Appellant may have such Relief in the Premises as this House shall think just:"
It is Ordered, That the said Thomas Moncrief may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 19th Day of March next; and that Service of this Order on the Agent or Procurator of the said Respondent, in the Court of Session in Scotland, be deemed good Service.
DIE Mercurii, 20o Februarii.
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling Thomas Scawen Esquire and others to sell an Estate in Ireland, settled by Sir William Scawen's Will; and settling another Estate (purchased by the said Thomas Scawen) in England, of like Value, to the same Uses."
Their Lordships, or any Five of them; to meet on Thursday the 7th Day of March next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
And then he acquainted the House, "That the other Account required, being of the Quantity of Stores from the Monthly Returns of the several Species as it stood at Christmas in several Years, was a Work which required Time to complete; but the same was preparing with all possible Expedition, and would be ready in a short Time to be laid before their Lordships."
"An Account of such Officers as have desired Leave to quit the Service after they were appointed to their respective Ships; setting forth the Time each Officer served on board the Ship he quitted, and where he quitted, from the Year 1720, to the 22d January 1733."
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed."
The Earl of Strafford reported from the Lords Committees appointed to consider the Petition of Arthur Collins Esquire; praying Leave to publish a printed Book, relating to Baronies by Writ, notwithstanding there are some few Extracts out of the Journals of this House: That they had considered the Matter to them referred; and are of Opinion, That there is not any Objection to the Petitioner's proceeding in the Publication of his said Book, as desired in his Petition."
After hearing Counsel, upon the Petition and Appeal of Thomas Austen Gentleman; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 16th of May 1716; the Order on Re-hearing, the 8th of December 1719, and the several Proceedings subsequent thereto; the Report of the Master, of the 14th of July 1720, and the Order made for confirming the same; several Orders of the 22d of May and 7th of December 1724; the Order of the 5th of February 1725; the Report of the 10th of May 1731; and the several Orders which set aside the Appellant's Exceptions thereto, and confirmed the same Report, and the Proceedings subsequent thereto; as also a Decree of the 14th of July following, made in a Cause wherein Anne Flack, Widow and Executrix of James Flack Merchant, deceased, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Anne Flack put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Orders, Decrees, and Proceedings, therein complained of, be, and are hereby, affirmed.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Anne, Elizabeth, and Mary Evelyn, Infants, under the Age of Twenty-one Years, by John Garth Esquire, their next Friend, are Appellants, and Edward Evelyn and James Evelyn his Son, Charles Boone and Mary his Wife, and James Worseley, Respondents:"