House of Lords Journal Volume 33
February 1772, 11-20

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

245-258

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 33: February 1772, 11-20', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 245-258. URL: http://www.british-history.ac.uk/report.aspx?compid=113556 Date accessed: 30 July 2014.


Highlight

(Min 3 characters)

Contents

Die Martis, 11o Februarii 1772.
De la Rive and Menet’s Bill: Message to H. C. that the Lords have agreed to it. Bills passed by Commission. North Crawley Enclosure Bill. L. Ligonier’s Divorce Bill. Draper’s Divorce Bill. Sir John Colleton’s Divorce Bill. Green against Trinder and Green. Writ of Error non-pros’d, with Costs. Stone to enter into Recognizance on V. Conyngham’s Appeal. Adjourn. Die Lunæ, 17o Februarii 1772.
Rolfe against Peterson and another. Pedigree of E. Northington delivered who takes his Seat. The King’s Answer to Address of Condolence. North Crawley Enclosure Bill. Pole for a Bill to take the Name of Carew: Bill lead. Orphans Fund, Black Friars Bridge &c. Accounts delivered. Halhed’s et Ux. Petition referred to Judges. Da Costa against Sutton Hanforth against Taylor Writs of Error nonprofs’d, with costs. Caithness Claim of Peerage referred to Committee of privileges. E. Pomfret et ux against Smith et al. Perrott et at. Petition referred to Judges. Parkbill against Chalmers et al. L. Ligonier’s Divorce Bill. Adjourn. Die Martis, 18o Februarii 1772.
Rolfe against Petersons Decretal Order reversed. Jequier’s Nat. Bill. L. Ligonier’s Divorce Bill: Message to H. C. with it. Skinn, for a Divorce Bill. Witnesses to attend on Sir John Colleton’s Divorce Bill. Innes against Gibson and Balfour, Petition to amend Appeal. Gott against Gott. Draper’s Divorce Bill. Adjourn. Die Mercurii, 19o Februarii 1772.
North Crawley Enclosure Bill. Land Tax Bill. Malt, &c Bill. Mutiny Bill. Dashwood to take the Name of Peyton, Bill. Meyer’s and Boeteseur’s Nat. Bill. Marine Mutiny Bill. North Crawley Enclosure Bill. Message to H. C. with Amendments to it. E. Home against Wilson, Steel, et al. and Alcorn. Writs of Error: Noah against Watson. Mayhew and another against Da Costa. Petition of Guth and Rucker to be added to Meyer s and Boeteteur’a Nat. Bill. Danvers et Ux. Petition referred to Judges. Dickson against the Presbytery of Biggar. Appeal withdrawn, with Costs. Draper’s Divorce Bill. Lewis’s Divorce Bill. Adjourn. Die Jovis, 20o Februarii 1772.
Macdonald against Macdonald. Land Tax Bill. Malt, & Bill. Marine Mutiny Bill. Mutiny Bill. Dashwood to take the Name of Peyton, Bill. Pole to take the Name of Carew, Bill. Draper’s Divorce Bill. Trustees of Sandys, Petition referred to Judges. Wilson et Ux. Petition referred to Judges. Cusack et ux. against Gilbert et al. Skinn’s Divorce Bill. E. Sandwich and L. Hinchingbrook, Petition referred to Judges. Wauchope against Mac Dowal et al. Lewis’s Divorce Bill. Message from H. C. to return North Crawley Enclosure Bill. Clareton, & Enclosure Bill. Mac Nair against Coulter, et al Jones et al. Petition referred to Judges. Trustees of Lady Leveson’s Chantry, Petition for a Bill. His Majesty’s, Message relative to Messages of the Royal Family Address thereupon. Rucker and Guth take the Oaths for their Naturalization. Meyer and Boeteseur’s Nat Bill. Adjourn. Footnotes

Die Martis, 11o Februarii 1772.

Domini tam Spirituales quam Temporales præentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Archiep. Ebor.Comes Gower, Præses.Ds. Willoughby Br.
Epus. Wigorn.Dux Gordon.Ds. King.
Epus. Glouceseter.Dux Chandos.Ds. Edgecumbe.
Epus. Lincoln.Dux Bridgewater.Ds. Sandys.
Epus. Carliol.Comes Exeter.Ds. Hyde.
Epus. Landaven.Comes Denbigh.Ds. Sondes.
Epus. Petriburg.Comes Westmorland.Ds. Pelham.
Epus. Cestrien.Comes Stamford.
Epus. Litch. & Cov.Comes Sandwich.
Comes Strathmore.
Comes Abercorn.
Comes Oxford.
Comes Dartmouth.
Comes Macclesfield.
Comes Waldegrave.
Comes Guilford.
Comes De Lawarr.
Viscount Montague.
Viscount Falmouth.

PRAYERS.

De la Rive and Menet’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Peter Lewis de la Rive and Francis Menet.”

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. Montague and Mr. Cuddon:

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

Bills passed by Commission.

The Lord chancellor acquainted the House, “That His Majesty had been pleased to issue a Commission to several Lords, therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament.”

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Earl of Sandwich on his Left, commanded the Gentleman Usher of the Black Rod to let the Commons know, “The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read:”

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

“His Majesty not thinking sit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons, assembled for that Purpose; which Commisssion you will now hear read.”

Then the Commission was read by the Clerk, as follows:

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 the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our Loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say), “An Act to continue and amend an Act, made in the last Session of Parliament, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also, of the Extraction of Low Wines and Spirits from Wheat, and Wheat Flour, for a further Time and also, to prohibit the Exportation of Malt for a limited Time. An Act to continue, for a further Time, an Act, made in the Eighth Year of His present Majesty’s Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.” “An Act for naturalizing Diederich Meyerhoff,” “An Act for naturalizing John Foel. An Act for naturalizing John Henry Gentil.” “An Act for naturalizing Francis Darius Laadunuey” And albeit, the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Affect given and pur to the said Acts: And forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letteis Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same: And we do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Right Trusty and Well-beloved Counsellor Henry Lord Apsley, Our Chancellor of Great Britain, to seal these Our Letters Patent with our Great Seal of Great Britain; and also commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our Right Trusty and Right Well-beloved Cousin and Counsellor, Granville Earl Gower, President of Our Council; Our Right Trusty and Right Entirely beloved Cousins and Counsellors, Augustus Henry Duke of Greston, Keeper of Our Privy Seal; Thomas Duke of Leeds, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; Our Right Trusty and Right Well-beloved Cousins and Counsellors, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Henry Earl of Suffolk and Berkshire, One of Our Principal Secretaries of State; John Earl of Sandwich, First Commissioner of Our Admiralty; Robert Earl of Holderness William Henry Earl of Rochford, One other of Our Principal Secretaries of State; Hugh Earl of Marchmont, George William Earl of Bristol, Thomas Viscount Weymouth; and Our Right Trusty and Well-beloved Counsellors, Wills Lord Harwich, One other of Our Principal Secretaries of State; and William Lord Mansfield, Our Chief Justice assigned to hold Pleas before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words in Our Name as is requisite and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent mall be to every of them a sufficient Warrant in, that Behalf; and finally, We do declare and will that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminister> the Eleventh Day of February, in the Twelfth Year of Our Reign.

By the King Himself, signed with His own Hand.

“Yorke.”

Then the Lord Chancellor said,

In Obedience to His Majesty’s Commands, and by virtue of the Commission which has been now read, we do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, “That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned, and the Clerks are required to pass the same in the usual Form and Words.”

1. An Act to continue and amend an Act, made in the last Session of Parliament, intituled, “Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also of the Extraction of Low Wines and Spirits from, Wheat and Wheat Flour, for a further Time; and also, to prohibit the Exportation of Malt for a limited Time.”

2. An Act to continue for a further Time, an Act, made in the Eighth Year of His present Majesty’s Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.”

To these Bills the Royal Assent was, severally, pronounced by the Clerk Assistant, in these Words; (videlicet),

Le Roy le veult.”

“3. An Act for naturalizing Diederich Meyerhoff.”

“4. An Act for naturalizing John Poel.”

“5. An Act for naturalizing John Henry Gentil.”

“6. An Act for naturalizing Francis Darius Laudumiey.”

To these Bills the Royal Assent was, severally, pronounced, by the Clerk Assistant, in these Words; (videlicet),

Seit fait cemme il est desire.”

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

North Crawley Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open Common Fields, Meadows, and Waste Grounds, within the Manor and Parish of North Crawley, in the County of Bucks;” to Which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. Ligonier’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 the Right Honourable Edward Viscount Ligonier with Penelope Pitt, and to enable him to marry again; and for other Purposes therein mentioned;” and for hearing Counsel for and against the same:

Counsel were accordingly called in;

And Mr. Leigh appearing as Counsel for the Bill; but no Counsel appearing against it;

John Wilkinson was called, in order to prove Service of the Order; who, being sworn, acquainted the House, “That he served Lady Ligonier personally with the Order of the House for the Second Reading of the Bill, at Ardenne in France; and at the same Time delivered to her a true Copy of the Bill; and that her Ladyship then told him, She had no Objection to the Bill, that the was satisfied with the Provision made for her, and did not intend to oppose the passing of the Bill.’

He was directed to withdraw.

Then the said Bill was read a Second Time.

And the Counsel was heard in Support of the Bill, and to make out the Allegations thereof; and, in order to prove the Marriage, called,

Colonel Launceht Baugh; who, being sworn, acquainted the House, “That he was present at the Marriage of Lord and Lady Ligonier, in 1766, at the English Ambassador’s Chapel at Parts; and that they were married according to the Rites of the Church of England.”

He was directed to withdraw.

Then Anne Bartholemew was called, in order to prove the Adultery; who, being sworn, acquainted the House, “That the was Servant to Lady Ligonier, and went with her to France in May last; that they stopped at Shooter’s Hill, where the saw Count Alfieri; that he went with them from thence to Dartford,where they stayed Three or Four Days; and that on Monday Morning, being the last Day they flayed there, the saw Count Alfieri and Lady Ligonier in Bed together.”

She was directed to withdraw.

Then Lydia Stockdale, Chambermaid at the Rose Inn at Dartford, where Count Alfieri and Lady Ligonier were, was called in; and, being sworn, acquainted the House, “That Lady Ligonier and a Foreign Gentleman came there on a Friday, and stayed till the Monday following; that their Bed Rooms were opposite each other, and that they went to Bed by themselves; that the Coachman wanting to speak to the Count about Three or Four o’Clock on the Sunday Morning, me went up to his Room, and going to his Bedside, found he was not in Bed; that he then went to Lady Ligonier’s Room, but the Door was fastened; that in the Morning me found the Pillow belonging to the Count’s Bed in Lady Ligonier’s Bed; that the Count always dressed himself in Lady Ligonier’s Room; but that he never saw them in Bed together.”

She was directed to withdraw.

Then Mr. 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 Lady Ligonier for Adultery with the said Count Alfieri.

And the same was read.

He was directed to withdraw.

The Evidence being finished;

The Counsel were directed to withdraw.

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

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

Draper’s Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of Richard Draper with Elizabeth Hartnell his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;” which stands appointed for To-morrow, be put off to Tuesday next, and that the Lords be summoned, and that the Witnesses do then attend.

Sir John Colleton’s Divorce Bill.

The Lord Sandys (pursuant to an Order of Leave of the 31st of January last) presented to the House a Bill, intituled, “An Act to dissolve the Marriage of Sir John Colleton Baronet with Anne Fulford his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:”

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Wednesday the 26th Day of this instant February; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Sir John Colleton may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Anne Fulford may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that the be at Liberty to be heard by her Counsel, what the may have to offer against the said Bill at the same Time.

Green against Trinder and Green.

Upon reading the Petition of David Trinder and William Green, Defendants in a Writ of Error depending in this House, wherein James Green is Plaintiff; setting forth, “That the Plaintiff in Error hath not assigned Errors within the Time limited by the Standing Order;”and therefore praying, “That the said Writ of Error may be Nonpros’d, with such Costs as to their Lordships shall seem meet:”

Writ of Error non-pros’d, with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros on the said Writ of Error, as desired, and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for (fn. 1) his Costs, by reason of the Delay of the Execution of the said Judgement.

Stone to enter into Recognizance on V. Conyngham’s Appeal.

The House being moved, “That Richard Stone of Lombard Street Banker, may be permitted to enter into a Recognizance for Henry Lord Viscount Conyngham of the Kingdom of Ireland, on Account of his Appeal depending in this House, he being Abroad:”

It is Ordered, That the said Richard Stone Banker, may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ, 17o Februarii 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Archiep. Ebor.Comes Gower, Præes.Ds. Le Despencer.
Epus. Londin.Dux Ancaster, Magnus Camerarius.Ds. Willoughby Br.
Epus. Eliens.Dux Chandos.Ds. Paget.
Epus. Bath. & Wells.Dux Bridgewater.Ds. Trevor.
Epus. Wigorn.Comes Talbot, Senescallus.Ds. Masham.
Epus. Cicestrien.Comes Suffolk.Ds. Romney.
Epus. Norvicen.Comes Northampton.Ds. Dude.
Epus. Lincoln.Comes Denbigh. Ds. King.
Epus. Asaphen.Comes Westmorland.Ds. Edgecumbe.
Epus. Carliol.Comes Stamford.Ds. Sandys.
Epus. Petriburg.Comes Sandwich.Ds. Bruce.
Epus. Cestrien.Comes Carlisle.Ds. Ravensworth.
Epus. Litch. & Cov.Comes Doncaster.Ds. Hyde.
Comes Rochford.Ds. Lyttelton.
Comes Coventry.Ds. Sondes.
Comes Strethmore.Ds. Milton.
Comes Abercorn.Ds. Beaulieu.
Comes Marchmont.Ds. Digby.
Comes Rosebery.Ds. Sundridge.
Comes Oxford.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Bucks.
Comes Guilford.
Comes Cornwallis.
Comes De Lawarr.
Comes Northington.
Comes Spencer.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

Rolfe against Peterson and another.

After hearing Counsel in Part, in the Cause wherein Edmund Rolfe Esquire is Appellant, and John Peterson and another are Respondents:

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

Pedigree of E. Northington delivered who takes his Seat.

Garter King at Arms delivered in at the Table, the Pedigree of Robert Earl of Northington, pursuant to the Standing Order.

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

The King’s Answer to Address of Condolence.

The Lord Steward reported, “That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of Condolence on the Death of Her Royal Highness the Princess Dowager of Wales; to which His Majesty was pleased to return the following molt Gracious Answer: (videlicet),

“His Majesty thanks the House of Lords for the tender Concern they express for the great Loss he has sustained; and has the most perfect Sense of their Duty to Him and Affection for His Family.”

North Crawley Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common Fields, Meadows, and Waste Grounds, within the Manor and Parish of North Crawley, in the County of Bucks.”

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

Ld. President.L. Abp. Canterbury.L. Harwich.
D. Ancaster.L. Abp. York.L. Le Despencer.
D. Chandos.L. Bp. London.L. Willoughby Br.
D. Bridgewater.L. Bp. Ely.L. Paget.
Ld. Steward.L. Bp. Bath & Wells.L. Trevor.
E. Suffolk.L. Bp. Worcester.L. Masham.
E. Northampton.L. Bp. Chichester.L. Romney.
E. Denbigh.L. Bp. Norwich.L. Ducie.
E. Westmorland.L. Bp. Lincoln.L. King.
E. Stamford.L. Bp. St. Asaph.L. Edgecumbe.
E. Sandwich.L. Bp. Carlisle.L. Sandys.
E. Carlisle.L. Bp. Peterborough.L. Bruce.
E. Doncaster.L. Bp. Chester.L. Ravensworth.
E. Rochford.L. Bp. Litch. & Cov.L. Hyde.
E. Coventry.L. Lyttelton.
E. Strathmore.L. Sondes.
E. Abercorn.L. Milton.
E. Marchmont.L. Beaulieu.
E. Rosebery.L. Digby.
E. Oxford.L. Sundridge.
E. Sussex.
E. Macclesfield.
E. Pomfret.
E. Waldegrave.
E. Ashburnham.
E. Oxford.
E. Bucks.
E. Guilford.
E. Cornwallis.
E. De Lawarr.
E. Northington.
E. Spencer.
V. Montague.
V. Weymouth.
V. Falmouth.

Their Lordships, or any Five of them, to meet To-morrow, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Pole for a Bill to take the Name of Carew:

Upon reading the Petition of Philip Rashleigh Esquire, for and on the Behalf of Reginald Pole Esquire, an Infant; praying Leave to bring in a Bill to enable the said Reginald Pole to change his Surname of Pole to that of Carew, and to bear and use the Coat of Arms of Carew, pursuant to the Will of Sir Coventry Carew Baronet deceased:

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

Bill lead.

Whereupon, The Earl of Oxford presented to the House a Bill, intituled, “An Act to enable Reginald Pole Esquire to take, use, and bear, the Surname and Arms of Carew, pursuant to the Will of Sir Coventry Carew Baronet deceased.”

The said Bill was read the First Time.

Orphans Fund, Black Friars Bridge &c. Accounts delivered.

The House being informed, “That a Person from the Office of the Chamberlain of the City of London attended;”

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

An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July 1771.

An Account of Money received and paid in pursuance of the Acts for building and completing Black Friars Bridge, from the 28th Day of September 1770 exclusive, to the 28th Day of September 1771 inclusive.

An Account of Money received and paid, in pursuance of an Act for embanking Part of the North Side of the River Thames, from the 28th Day of September 1770 exclusive, to the 28th Day of September 1771 inclusive.

An Account of Money received and paid, in pursuance of an Act of Parliament for re-building the Gaol of Newgate, in the City of London, from the 28th Day of September 1770 exclusive, to the 28th Day of September 1771 inclusive.

An Account of Money received and paid, in pursuance of an Act for the better paving, cleansing, and enlightening the City of London and the Liberties thereof, from the 28th Day of September 1770 exclusive, to the 28th Day of September 1771 inclusive.

An Account of Money received and paid, in pursuance of an Act for the repairing the Royal Exchange, in the City of London, from the 28th Day of September 1770 exclusive, to the 28th Day of September 1771 inclusive.

“An Account of Money received and paid, in pursuance of the Acts for continuing the Tolls on London and Black Friars Bridges, from the 28th Day of September 1770 exclusive, to the 28th Day of September 1771 inclusive.”

And then he withdrew.

And the Titles thereof being read by the Clerk.

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

Halhed’s et Ux. Petition referred to Judges.

Upon reading the Petition of William Halhed Esquire and Frances his Wife, 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 the Lord Chief Baron of the Court of Exchequer and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Da Costa against Sutton

Upon reading the Petition of Thomas Sutton, Defendant in a Writ of Error depending in this House, wherein Joshua Mendes da Costa is Plaintiff:

Hanforth against Taylor

Also, Upon reading the Petition of William Taylor, Defendant in a Writ of Error depending in this House wherein John Hanforth is Plaintiff; setting forth, That the Plaintiffs in Error have not assigned Errors within the Time limited by the Standing Order; and therefore praying, “That the said Writs of Error may be Nonpros’d, with such Costs as to their Lordships shall seem meet:”

Writs of Error nonprofs’d, with costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writs of Error as desired, and that the Records be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgements given by that Court as if no such Writs of Error had been brought into this House: And further, that the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error the Sum of Twenty Pounds for their Costs, by Reason of the Delay of the Execution of the said Judgements.

Caithness Claim of Peerage referred to Committee of privileges.

Upon reading the Petition of William Sinclair Esquire, Claimant of the Peerage of Caithness; praying, “That his Petition, claiming the said Peerage, may be referred to the Lords committees for Privileges for the present Session:”

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges for the present Session, as desired.

E. Pomfret et ux against Smith et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein the Right Honourable George Earl of Pomfret and Anna Maria Countess of Pomfret his Wife are Appellants, and Thomas Smith and others 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.

Perrott et at. Petition referred to Judges.

Upon reading the Petition of Frances Perrott Widow, Benjamin Jason Perrott, John Stanford Perrott, Robert Warren Perrott, Benjamin Perrott Webb, Frances Perrott Spinster, James Holdbrook and Catherine his Wife, and William Parker and Celia his Wife; praying Leave to bring in a Bill for Sale of an Estate in the Petition mentioned, and for laying cut the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Parkbill against Chalmers et al.

Upon reading the Petition and Appeal of Captain David Parkhill of Craiglockhart, eldest Son of John Parkbill of Craiglockhart deceased, complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th of December 1771; as also of an Interlocutor of the Lord Ordinary there, of the 24th of January 1772; and also of another Interlocutor of the said Lords, of the 5th of this lnstant February; 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 Robert Chalmers, Thomas Barillie, Alexander Alison, Helen Sheels, Margaret Sheeh, and Henry Jeffray, may be required to answer the said Appeal:”

It is Ordered, That the said Robert Chalmers, Thomas Baillie, Alexander Alison, Helen Sheets, Margaret Sheels, and Henry Jeffray, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 16th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel, in the said Court of Session in Scotland, shall be deemed good Service.

L. Ligonier’s Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to dissolve the Marriage of the Right Honourable Edward Viscount Ligonier with Penelope Pitt, and to enable him to marry again; and for other Purposes therein mentioned.”

After some Time the House was resumed:

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

Ordered, that the said Bill be engrossed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 18o Februarii 1772.

Domini tam Spirituales quam Temporales præsents fuerunt:

Epus. Londin.Ds. Apsley, Cancellarius.Ds. Le Despencer.
Epus. Eliens.Comes Gower, Præses.Ds. Willoughby Br.
Epus. Wigorn.Dux Bolton.Ds. Paget.
Epus. Cicestrien.Dux Gordon.Ds. Trevor.
Epus. Norvicen.Dux Ancaster, Magnus Camerarius.Ds. Masham.
Epus. Glouceseter.Dux Chandos.Ds. King.
Epus. Bangor.Dux Bridgewater.Ds. Edgecumbe.
Epus. Lincoln.March. Rockingham.Ds. Sandys.
Epus. Oxon.Comes Suffolk.Ds. Bruce.
Epus. Asaphens.Comes Exeter.Ds. Ravensworth.
Epus. Landaven.Comes Northampton.Ds. Ponsonby.
Epus. Petriburg.Comes Denbigh.Ds. Hyde.
Epus. Cestrien.Comes Westmorland.Ds. Lyttelton.
Epus. Litch. & Cov.Comes Stamford.Ds. Sondes.
Comes Sandwich.Ds. Pelham.
Comes Carlisle.Ds. Milton.
Comes Doncaster.
Comes Coventry.
Comes Strathmore.
Comes Abercorn.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Dartmouth.
Comes Macclesfield.
Comes Pomfret
Comes Waldegrave.
Comes Ashburnham.
Comes Bucks.
Comes Hardwicke.
Comes Northington.
Comes Radnor.
Comes Spencer.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.
Viscount Courtenay.

PRAYERS.

Rolfe against Petersons

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of Edmund Rolfe Esquire, complaining of Decretal Order of the Court of Chancery of the 20th Day of November 1769; and praying, “That the same might be reversed, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also, upon the Answer of John Peterson the Elder, and John Peterson the Younger, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decretal Order reversed.

It is Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament: assembled, That the Decretal Order complained of in the said Appeal be, and the same is hereby reversed: And it is further ordered, That the Respondents Bill be dismissed.

Jequier’s Nat. Bill.

The Earl of Denbigh reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing James Samuel Jequier,” 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.”

L. Ligonier’s Divorce Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to dissolve the Marriage of the Right Honourable Edward Viscount Ligonier with Penelope Pitt, and to enable him to marry again; and for other Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Skinn, for a Divorce Bill.

Upon reading the Petition of William Skinn of the Middle Temple, London, Gentleman; praying Leave to bring in a Bill to dissolve his Marriage with Anne Skinn his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:

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

Witnesses to attend on Sir John Colleton’s Divorce Bill.

Ordered, That Wenman Nutt, Mary Nutt, Elizabeth Mary Ann Colleton, Charles Fergus, William Jones, Elizabeth Lucas, Jane Fergus, Edward Rutledge, John Charmings, and Abigail Fryer, do attend this House on Wednesday the 26th of this instant February, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of Sir John Colleton Baronet with Anne Fulford his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.”

Innes against Gibson and Balfour, Petition to amend Appeal.

Upon reading the Petition of William Innes, Appellant in a Cause depending in this House, wherein Messieurs Gibson and Balfour are Respondents; setting forth, “That the Petitioner’s Scotch Counsel hath omitted to state in his Appeal an Interlocutor, made by the Court of Session in Scotland in his Cause, of the 23d of February 1771, relative to Expences decreed against the Petitioner;” and therefore praying, “That he may be at Liberty to amend his said Appeal, by inserting the said Interlocutor, he amending the Respondents Copy:”

It is Ordered, That the Petitioner, be at Liberty to amend his said Appeal as desired, he amending the Respondents Copy.

Gott against Gott.

Ordered, That the Hearing of the Cause, wherein Sarah Gott Spinster is Appellant, and Henry Thomas Gott Esquire is Respondent, which stands appointed for To-morrow, be put off to Thursday the 19th Day of March next.

Draper’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 Richard Draper with Elizabeth Hartnell his now Wife, and to enable him to marry again;and for other Purposes therein mentioned;” and for hearing Counsel for and against the same:

Counsel were accordingly called in;

And Mr. Cox appearing as Counsel for the Bill; but no Counsel appearing against it:

William Rutt was called, in order to prove Service of the Order; who, being sworn, acquainted the House, “That he served Mrs. Draper, personally, on the 3d of this instant February, with the Order of this House for the Second Reading of the Bill, and at the same Time delivered to her a true Copy of the Bill.”

He was directed to withdraw.

Then the said Bill was read a Second Time.

And the Counsel was heard in Support of the Bill, and to make out the Allegations thereof; and, in order to prove the Marriage, called,

The Reverend Mr. John Blackistone; who, being sworn, acquainted the House, “That he married Mr. and Mrs. Draper in December 1764, at the Parish Church of Saint Etheldburg, London.”

He was directed to withdraw.

“Then Anna Drew was called, in order to prove the Adultery; who, being sworn, acquainted the House, That the lived, about Four Years ago, as Servant with Mrs. Draper, and continued there Four Months; that the observed an improper Familiarity between her Mistress, Mrs. Draper, and one William Pensold the Apprentice; that the had often catched them together in all the Rooms in the House, especially in the Garret; that One Sunday Morning, a Mr. Haylock being at her Matter’s, her Mistress was in a great Hurry to send all the Servants to Church; that the the Witness went out for a Cake, and upon her Return found the Street Door fastened; that upon her being let in, and going up Stairs, she saw the said Haylock in the Dining Room with her Mistress; that the next Room to it was a Bed Chamber, which, when they went away, the inspected, and found the Bed very much tumbled as if Two Persons had lain on it cross-ways; and that Mr. Draper was then out of Town.”

She was directed to withdraw.

Then Mary Allen was called in; and, being sworn, acquainted the House, “That the went with Mrs. Draper to Saint Ives, to the House of a Mr. Marshall, where she became acquainted with a Mr. Lainkester; that he came to Mr. Marshalls One Evening upon a Visit to Mrs. Draper; that he was introduced into the Bed Chamber, and that the, the Witness, sat with them there for some Time; that Mrs. Draper desired her to go and get some Almonds and Raisins; that the accordingly went for them, and was absent about Half an Hour; that upon her Return, they supped in the Bed Chamber together; that after Supper the was desired to go and fetch some Wine, which the, the Witness, pretended to do, but, instead of going for the Wine, the went down Stairs and pulled off her Shoes, and then came op Stairs again and peeped through a Hole in the Bed Chamber near the Bed; that the saw Mrs. Draper with her Handkerchief unpinned, and that Mr. Lankester’s Hand was in her Bosom; that the Boards upon which she stood giving a Crack, she retired for Fear of being discovered; that some little Time after the returned, and again peeping through the Hole, saw Mrs. Draper in a moil indecent Posture, with her Head between Mr. Lankester’s Knees, at the Fire Place; that me thought they were afterwards upon the Bed, but the could. not see them as the Curtains were drawn; that the heard the Bed crack and them whisper; that the stayed about a Minute longer, and then went down Stairs, put her Shoes on, and returned with the Wine, and upon attempting to open the Bed Chamber Door the found it locked; that One of them let her in, but which the cannot tell.”

She was directed to withdraw.

Then William Penfold was called in; and, being sworn, acquainted the House, “That he was Apprentice to Mr. Draper in (fn. 2) 1768, at which Time he, the Witness, was about Fifteen or Sixteen Years of Age; that Mr. Draper One Day going out to Dinner, he dined with his Mistress, who, after Dinner, desired him to lay with her; that the put her Hand in his Breeches and pulled up her Petticoats; and that he then had a Criminal Intercourse with her, which was continued for Two Years and an Half: That upon Mr. Draper’s being out One Day, the carried him to a Tavern in hedge Lane; that they went up Stairs into a Bed Chamber, where he had Criminal Intercourse with her; that the then told him the could take Money out of her Husband’s Till to pay the Expences of this Tavern; that Mrs. Draper went away with a Relation from Mr. Draper’s in the Year (fn. 2) 1769; and chat he, the Witness, believes Mr. Draper has not seen her since.”

He was directed to withdraw.

Then John Lankester was called in; and, being sworn, acquainted the House, “That he met Mrs. Draper at a Mr. Marshalls, at Saint Ives, about Two Years ago; that he supped with her at Mr. Marshalls in her Bed Chamber, and that Mary Allen was present; that they desired Mary Allen before Supper to go for some Almonds and Raisins, which the did, and that during her Absence he had Criminal Conversation with Mrs. Draper; that after Supper they desired the said (fn. 2) Miss Allen to go for some Wine, which the pretended to do, and that during her Absence he again had Criminal Conversation with Mrs. Draper; and that he had lain with Mrs. Draper Once before he,met her at Saint Ives.”

He was directed to withdraw.

Then Mark Holmon, 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 Mrs. Draper for Adultery.

He was directed to withdraw.

Then William Rutt was again called in; and produced a Bond executed by Mr. Draper, obliging him to allow Mrs. Draper Forty Pounds a Year during her Life; and acquainted the House, “That he is a subscribing Witness to the Bond, and that he saw Mr. Draper sign it.”

He was directed to withdraw.

The Counsel was directed to withdraw.

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

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

Adjourn.

Dominus Cancellarius declaravit præens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 19o Februarii 1772.

Domini tam (fn. 3) Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.Ds. Apsley, Cancellarius.Ds. Paget.
Comes Gower, Præses.Ds. King.
Comes Abercorn.Ds. Sandys.
Comes Marchmont.Ds. Hyde.
Comes Oxford.Ds. Boston.
Comes Dartmouth.

PRAYERS.

North Crawley Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing the Open Common fields, Meadows, and Waste Grounds, within the Manor and Parish of North Crawley, in the County of Bucks”, 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 follow; (videlicet),

“Pr; 1. L. 7. Leave out [“Paramount].”

L. 9 and 10. Leave out [“of Three distinct Manors”], and instead thereof insert [“or Owner of certain Fees, Seigniories, or Manors”].

Pr. 5. L. 8. After [“say”], insert [”the Allotment to be made to the said Brownlow Earl of Exeter, shall consist of Two Acres, more or less, of Pasture Land, heretofore in the Possession of Henry Sibthorpe, and of a Piece of Waste Land called Hurst Green, or Brook End, lying near to the said Pasture Land, containing, by Estimation, Eight Acres, or thereabouts, together with the Hedges and Trees landing and growing upon the same Land”].

Pr. 15. L. 34. After [“same”], insert [“Provided always, That all Trees, Underwoods, Thorns Hedges, Bushes, and Shrubs, standing and growing in and upon the Waste Lands or Grounds belonging to the said Manor of North Crawley, shall, and maybe cut down and taken away by the said Earl, or his Agents, or fold and disposed of in such Manner as he or they shall think fit.”].

Pr. 36. L. 11. Leave out [“Paramount”].

L. 14. Leave out [“of the said Three distinct”], and instead thereof insert [“or Owner of the said Fees, Seigniories, or”].

L. 16. Leave out from [“the”] to [“but”], in Line 18, and instead thereof insert [“Rents, Dues, Duties, or Services, to them respectively belonging”].

L. 22. After [“them”], insert [“respectively”].

L. 25. After [“Rent”], insert [“Dues, Duties”].

L. 27 and 28. Leave out [“the said Manors incident, appendant”], and instead thereof insert [“them respectively”].

L. 29. Leave out [“or appertaining”].

L. 31 and 32. Leave out [“can or may be’], and instead thereof insert [“could or might have been”], and leave out from [“by”] to [“respectively”] in Line 34, and instead thereof insert [“them”].

And the said Amendments, being again read by the Clerk, were agreed to by the House.

Land Tax Bill.

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

With a Bill, intituled “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-two,” to which they desire the Concurrence of this House.

Malt, &c Bill.

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

With a Bill, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy two;” to which they desire the Concurrence of this House,

Mutiny Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

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

Dashwood to take the Name of Peyton, Bill.

A Message was brought from the House of Commons, by Sir Edward Astley and others:

With a Bill, intituled, “An Act to enable Henry Peyton Esquire (lately called Henry Dashwood) and his Issue, to use the Surname and Arms of Peyton, pursuant to the Will of Sir Thomas Peyton Baronet deceased;” to which they desire the Concurrence of this House.

Meyer’s and Boeteseur’s Nat. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for naturalizing Arnold Meyer and Peter Boeteseur;” to which they desire the Concurrence of this House.

Marine Mutiny Bill.

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

With a Bill, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore;” to which they desire the Concurrence of this House.

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

North Crawley Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common fields, Meadows, and Waste Grounds, within the Manor and Parish of North Crawley, in the County of Bucks.”

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. Browning:

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

E. Home against Wilson, Steel, et al. and Alcorn.

A Petition of Alexander Earl of Home, Appellant in Three Causes depending in this House; in the First of which, William Wilson Esquire is Respondent; in the Second, Janet Steel et al. are Respondents; and in the last, James Alcorn is Respondent; which stands appointed for hearing, was presented and read; setting forth, “That the same are of great Concern to the Petitioner, and that Mr. Rae, his Ordinary Counsel, who managed them in the Court below, and is particularly instructed upon all the Points in them, is at present in Scotland, and will not be in London until the 20th of March next;” and therefore praying, “That the Hearing of these Causes may be put off till the 20th of March next, or to such other Day as to their Lordships shall seem meet.”

And thereupon, The Agents on both Sides were called in, and heard at the Bar:

And being withdrawn,

Ordered, That the Hearing of these Three Causes be put off to Monday the 23d Day of March next.

Writs of Error:

The Lord Mansfield, Lord Chief Justice of the Court of King’s Bench, in the usual Manner, delivered in at the Table Two Writs of Error:

In the First of which,

Noah against Watson.

Samuel Noah is Plaintiff, and William Watson is Defendant:

And in the other,

Mayhew and another against Da Costa.

John Mayhew and another are Plaintiffs, and Joshua Mendes da Costa is Defendant.

Upon reading the Petition of John Guth:

Petition of Guth and Rucker to be added to Meyer s and Boeteteur’a Nat. Bill.

Alfo, Upon reading the Petition of John Gotthelff Rucker, praying, “That their Names may be inserted in the Bill, intituled, An Act for naturalizing Arnold Meyer and Peter Boeteseur:”

It is Ordered, That the said Petitions do lie on the Table till the said Bill be read a Second Time.

Danvers et Ux. Petition referred to Judges.

Upon reading the Petition of Daniel Danvers of Bath, in the County of Somerset, on Behalf of himself and Mary Danvers his Wife, and their Infant Children; 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 the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Dickson against the Presbytery of Biggar.

A Petition of Doctor David Dickson, Appellant in a Cause depending in this House, to which the Presbytery of Biggar are Respondents, which stands appointed for hearing, was presented and read; setting forth, “That the Petitioner is advised to withdraw his said Appeal;” and therefore praying, “That he may be allowed to withdraw his said Appeal.”

And thereupon, The Agents on both Sides were called in, and heard at the Bar;

And being withdrawn:

Appeal withdrawn, with Costs.

Ordered, That the Petitioner be at Liberty to withdraw his said Appeal upon Payment of Twenty Pounds to the Respondents.

Draper’s Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to dissolve the Marriage of Richard Draper with Elizabeth Hartnell his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.”

After some Time the House was resumed.

And the Lord Boston reported from the Committee, That they had gone through the Bill, and made One Amendment thereto, which he was ready to report, when the House will please to receive the same.

Ordered, That the said Report be received Tomorrow.

Lewis’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 Hugh Lewis with Susannah Hale, other wise Heale, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;” and for hearing Counsel and Witnesses for and against the same:

Ordered, That the said Bill be read a Second Time To-morrow, and the Lords summoned, and that the Witnesses do then attend:

Adjourn.

Dominus Cancellarius declaravit præens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus:

Die Jovis, 20o Februarii 1772.

Domini tam Spirituales quam Temporales præentes fuerunt:

Archiep Cantuar.Ds. Apsley Cancellarius.Ds. Harwich, Unus Primariorum secretariorum.
Archiep. Ebor.Comes Gower, præses.Ds. Le Dispencer.
Epus. Londin.Dux Grafton, C. P. S.Ds. Abergavenny.
Epus. Eliens.Dux Bolton.Ds. Paget.
Epus. Wigorn.Dux Gordon.Ds. Trevor.
Epus. Gloutestr.Dux Ancaster, Magnus Camerarius.Ds. Masham.
Epus. Bangor.Dux Manchester.Ds. Romney.
Epus. Lincoln.Dux Chandos.Ds. Ducie.
Epus. Oxon.Dux Bridgewater.Ds. King.
Epus. Asaphen.Dux Newcastle.Ds. Monson.
Epus. Carliol.March. Rockingham.Ds. Godlphin.
Epus. Landaven.Comes Suffolk.Ds. Edgecumbe.
Epus. Petriburg.Comes Exeter.Ds. Sandys.
Epus. Cestrien.Comes Denbigh.Ds. Bruce.
Epus. Litch. & Cov.Comes Westmorland.Ds. Ravensworth.
Comes Stamford.Ds. Ponsonby.
Comes Sandwich.Ds. Sondes.
Comes Litchfield.Ds. Boston.
Comes Holdernese.Ds. Milton.
Comes Rochford.Ds. Digby.
Comes Albemarle.Ds. Sundridge.
Comes Country.
Comes Jersey.
Comes Strathmore.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Sussex.
Comes Pomfret.
Comes Ashburnhams.
Comes Bucks.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
tomes Northington.
Comes Radnor.
Comes Spencer.
Viscount Montague.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Courtenay.

PRAYERS;

Macdonald against Macdonald.

The Answer of Ranald Macdonald of Clanranald Esquire, to the Appeal of Colin Macdonald of Boisdale Esquire, was this Day brought in.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-two.”

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.

Malt, & Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy two;”

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.

Marine Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

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

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

Mutiny Bill.

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

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

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

Dashwood to take the Name of Peyton, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable Henry Peyton Esquire (lately called Henry Dashwood;) and his issue, to use the Surname and Arms of Peyton, pursuant to the Will of Sir Thomas Peyton Baronet deceased.”

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

Ld. President.L. Abp. Canterbury.L. Harwich.
Ld. Privy Seal.L. Abp. York.L. Le Despencer.
D. Bolton.L. Bp. London.L. Abergavenny.
D. Gordon.L. Bp. Ely.L. Paget.
D. Ancaster.L. Bp. Worcester.L. Trevor.
D. Manchester.L. Bp. Gloucester.L. Masham.
D. Chandos.L. Bp. Bangor.L. Romney.
D. Bridgewater.L. Bp. Lincoln.L. Duice.
D. Newcastle.L. Bp. Oxford.L. King.
M. Rockingham.L. Bp. St. Ashap.L. Monson.
E. Suffolk.L. Bp. Carlisle.L. Godolphin.
E. Exeter.L. Bp. Landaff.L. Edgecumbe,
E. Denbigh.L. Bp. Peterborough.L. Sandys.
E. Westmorland.L. Bp. Chester.L. Bruce.
E. Stamford.L. Bp. Litch. & cov.L. Ravensworth.
E. Sandwich.L. Ponsonby.
E. Litchfield.L. Sondes.
E. Holdernesse.L. Boston.
E. Rochford.L. Milton.
E. Albemarle.L. Digby.
E. Coventry.L. Sundridge.
E. Jersey.
E. Strathmore.
E. Marchmont.
E. Rosebery.
E. Oxford.
E. Strafford.
E. Dartmouth.
E. Sussex.
E. Pomfret.
E. Ashburnham.
E. Bucks.
E. Guilford.
E. Cornwallis.
E. Hardwicke.
E. Northington.
E. Radnor.
E. Spencer
V. Montague.
V. Bolingbroke.
V. Falmouth.
V. Courtenay.

Their Lordships, or any Five of them, to meet To-morrow, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Pole to take the Name of Carew, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable Reginald Pole Esquire to take, use, and bear, the Surname and Arms of Carew, pursuant to the Will of Sir Coventry Carew Baronet deceased.”

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 next, at the usual Time and Place; and to adjourn as they please.

Draper’s Divorce Bill.

The Lord Boston (according to Order) reported the Amendment made, by the Committee of the whole House, to the Bill, intituled, “An Act to dissolve the Marriage of Richard Draper with Elizabeth Hartnell his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:”

And the same, being read Twice by the Clerk, was agreed to by the House.

Ordered, That the said Bill, with the Amendment, be engrossed.

Trustees of Sandys, Petition referred to Judges.

Upon reading the Petition of the Right Honourable Lord Robert Bertie and Edwin Lord Sandys, the Guardians of William Trumbull Sandys, Edwin Blundell Sandys, and Mary Sandys the Three Children, of the Honourable Martin Sandys deceased, by the Honourable Mary Sandys his late Wife, also deceased; and also of the Right Honourable Mary Lady Robert Bertie, Wife of the said Lord Robert Bertie, and the Honourable Anna Maria Blundell; 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 the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon. all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Wilson et Ux. Petition referred to Judges.

Upon reading the Petition of George Wilson Esquire and Ann Sybelle his Wife, on Behalf of themselves and of Elizabeth Sybelle Wilson their Daughter and only Child, an Infant of the Age of Five Years and upwards; 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 the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott, 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 maybe concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Cusack et ux. against Gilbert et al.

Upon reading the Petition of James Cusack and his Wife, Appellants in a Cause depending in this House, to which Robert Gilbert and others are Respondents, which lands appointed for hearing; setting forth, That the Respondent Gilbert is dead, and that no Personal Representative of him is yet appointed, so that the Petitioner cannot revive the said Appeal; and therefore praying, That the Hearing of this Cause may be put off till after those already appointed.

It is Ordered, That the Hearing of the said Cause be put off till after those already appointed, as desired.

Skinn’s Divorce Bill.

The Lord Boston (pursuant to an Order of Leave of the 18th of this instant February) presented to the House a Bill, intituled, “An Act to dissolve the Marriage of William Skinn with Ann Skinn his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.”

The said Bill was read a First Time.

Ordered, That the said Bill be read a Second Time on Friday the 6th Day of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said William Skinn may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Ann Skinn may have a Copy of the Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard by her Counsel, what she may have to offer against the said Bill at the same Time.

E. Sandwich and L. Hinchingbrook, Petition referred to Judges.

Upon reading the Petition of the Right Honourable John Earl of Sandwich, and the Honourable John Montagu, commonly called Lord Viscount Hinchingbrook, eldest Son and Heir Apparent of the Right Honourable Dorothy Countess of Sandwich by the said John Earl of Sandwich; praying Leave to bring in a Bill for authorizing and empowering the Petitioners, and the Survivor of them, during the Lunacy of the said Countess of Sandwich, to grant Leases of the said Countess of Sandwich’s undivided Moiety of certain Messuages, Lands, Tenements, and Hereditaments, in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Adams, who are forthwith to summon all Parties concerned in the Bill and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Wauchope against Mac Dowal et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Andrew Wauchope Esquire of Niddrie is Appellant, and John Mac Dowal and others 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.

Lewis’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 Hugh Lewis with Susannah Hale, otherwise Heale, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;” and for hearing Counsel for and against the same:

Counsel were called in:

And Mr. Leigh appearing as Counsel for the Bill, but no Counsel appearing against it,

Henry Lewis was called, in order to prove the Service of the Order; and, being sworn, acquainted the House, “That he served Mrs. Lewis personally with the Order of this House for the Second Reading of the Bill, and at the same Time delivered to her a true Copy of the Bill, on Tuesday Sevennight last.”

He was directed to withdraw.

The said Bill was read a Second Time.

Then Mr. Leigh was heard in Support of the Bill; and to make out the Allegations thereof, and in order to prove the Marriage, called,

Margaret Wright, who, being sworn, acquainted the House, “That she was present at the Marriage of Mr. and Mrs. Lewis, at the Fleet, about the Year 1752.”

She was directed to withdraw.

“Then Charles Perkins was called, in order to prove the Adultery; who, being sworn, acquainted the House,That Mrs. Lewis came to his House and took a Lodging there, in the Year 1770, in the Name of Hogg; that she said her Husband was a young Man that she came in the Evening with Two Carts loaded with Goods; that there was a Bed put up in the Lodging Room for her and Mr. Hogg; and that a Bed was laid upon the Ground, in a Closet adjoining, for the Maid; that she and Mr. Hogg lodged there for Ten Days or a Fortnight; and that they lived together as Man and Wife.”

He was directed to withdraw.

Then Elizabeth Perkins, Wife of the said Charles Perkins, was called in; and, being sworn, gave the same Evidence as her Husband.

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 Mrs. Lewis, for Adultery with the said Mr. Hogg.

He was directed to withdraw.

Then Robert Duckworth was called in; and, being sworn, produced a Bond of Provision for Mrs. Lewis of Twenty Pounds a Year; and acquainted the House, “that he saw Mr. Lewis execute the said Bond.”

He was directed to withdraw.

The Counsel was directed to withdraw.

Ordered, That the said Bill be committed td a Committee of the whole House;

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

Message from H. C. to return North Crawley Enclosure Bill.

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

To return the Bill, intituled, “An Act for dividing and enclosing the Open Common Fields, Meadows, and Waste Grounds, within the Manor and Parish of North Crawley, in the County of Bucks;” and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Clareton, & Enclosure Bill.

A Message was brought from the House of Commons, by Sir Thomas Franklyn and others:

With a Bill, intituled, “An Act for dividing and enclosing several Open Fields and Waste Grounds, within the Manor of Clareton with Coneystrop, and a Piece of Waste Ground called Shortshill, in the Manor of Allerton with Flaxby, all in the County of York;” to which they desire the Concurrence of this House.

The said bill was read the First Time.

Mac Nair against Coulter, et al

Upon reading the Petition and Appeal of Robert Mac Nair Merchant in Glasgow, complaining of certain Parts of Three Interlocutors of the Lords of Session in Scotland, of the 8th of February 1765, the 21st of June 1765 and 13th of this instant February; 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 James Coulter George Bogle, John Graham, John Crops, and the Representatives of Archibald Ingram, James Spruel, and George Buchanan, may be required to answer the said Appeal:”

It is Ordered, That the said James Coulter George Bogle, John Graham, John Cross, and the Representatives of Archibald Ingram, James Spruel, and George Buchanan, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 19th Day of March next; and Service of this Order upon the Procurators or Agents for the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Jones et al. Petition referred to Judges.

Upon reading the Petition of William Jones Esquire and Elizabeth his Wife, and of Francis Burdett Esquire and Mary Eleonora his Wife (on Behalf of themselves and of Robert Burdett, Francis Burdett, and Mary Eleonora Burdett, their Two Infant Sons and Infant Daughter); 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 Blackstone and Mr. Justice Nares, 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.

Trustees of Lady Leveson’s Chantry, Petition for a Bill.

Upon reading the Petition of several Trustees for certain Estates in the Country of Northampton, devised by the Will of Lady Katherine Leveson, late of Trentham, in the County of Stafford, deceased, to Charitable Uses, in Behalf of themselves and the other Trustees of the said Charity; praying Leave to bring in a Bill for establishing the said Charity under such Rules and Regulations, as to their Lordships shall seem meet:

It is Ordered, That Leave be given to bring in a Bill as desired.

His Majesty’s, Message relative to Messages of the Royal Family

The Earl of Rochford acquainted the House, “That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to this House.”

And the same was read by the Lord Chancellor, and is as follows; (videlicet),

George R.

His Majesty being desirous, from paternal Affection to His own Family, and anxious Concern for the future Welfare of His People, and the Honour and Dignity of His Crown, that the Right of approving all Marriages in the Royal Family (which ever has belonged to the Kings of this Realm as a Matter of public Concern) may be made effectual, recommends to both Houses of Parliament to take into their serious Consideration, whether it may not be wise and expedient to supply the Defect of the Laws now in being; and, by some new Provision, more effectually to guard the Descendants of His late Majesty King George the Second (other than the Issue of Princesses who have married or may hereafter marry into Foreign Families) from marrying without the Approbation of His Majesty, His Heirs, or Successors, first had and obtained.

G. R.

Then the said Message was again read by the Clerk.

Address thereupon.

Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That an humble Address be presented to His Majesty, “To return His Majesty the Thanks of this House for His mod Gracious Message; To express our Sense of His Majesty’s Paternal Affection to His Family, His anxious Concern for the future Welfare of His People, and the Honour and Dignity of His Crown, which must ever be inseparably connected; and to assure His Majesty, that we will immediately take the same into Our most serious Consideration.”

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

Rucker and Guth take the Oaths for their Naturalization.

John Gotthelf Rucker and John Guth took the Oaths in order to their Naturalization.

Meyer and Boeteseur’s Nat Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Arnold Meyer and Peter Boeteseur.”

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

Their Lordships, or any Five of them, to meet To-morrow at the usual Time and Place; and to adjourn as they please.

Ordered, That the Petition John Gotthelff Rucker, and also the Petition of John Guth; praying that their Names may be inserted in the last mentioned Bill, be referred to the said Committee.

Adjourn.

Dominus Cancellarius declaravit præens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 sic.
* sic
* Sic.