January 1744, 1-10
DIE Martis, 10o Januarii.
Domini tam Spirituales quam Temporales præsentes
Fredericus Princeps Walliæ.
Epus. Litch. & Cov.
Epus. Bath. & Wells.
|Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux St. Albans.
|Ds. Carteret, Unus Primariorum Secretariorum.|
Ds. Willoughby Par.
Ds. (fn. 1) Clifton.
Jones & Ux. against Bennet & al.
The joint and several Answer of John Bennet and
Mary his Wife, and Henry Spencer and Ann his Wife,
to the Appeal of Jasper Jones and Frances his Wife,
was brought in.
As was also, the Answer of Thomas Leigh, to the
And likewise, the Answer of William Vade, to the
Stewart against Graham.
As also, the Answer of William Graham Merchant
in Edinburgh, Trustee of Mrs. Hathorn and her Husband,
and the Tenants on the Estate of Phisgil, to the Appeal
of Captain John Stewart.
L. Edgecumbe takes the Oaths:
This Day Richard Lord Edgecumbe took the Oaths,
and made and subscribed the Declaration, and also took
and subscribed the Oath of Abjuration, pursuant to
the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth
whereof Witnesses were first sworn and examined.
O'Hara against Trible:
Upon reading the Petition of John Trible, Defendant
in a Writ of Error depending in this House, wherein
Charles O'Hara is Plaintiff; praying, "In regard the
said Plaintiff has not assigned Errors thereon, although the Time limited by the Standing Order of
this House is expired; that the said Writ of Error
may be non pros'd, with such Costs as to their Lordships shall seem meet:"
Writ of Error Non pros'd.
It is Ordered, That the Petitioner do forthwith
enter a Non pros. 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 had upon the Judgement given in 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 Defendant in Error, the Sum of Ten Pounds, for
his Costs by reason of the Delay of the Execution of
the said Judgement.
Couper to amend his Appeal.
Upon reading the Petition of David Couper of Newgrange; praying Leave to amend his Appeal, by adding
thereto some Parties omitted therein; and rectifying
the Recital of several Interlocutors intended to be appealed against; the Petitioner amending the Respondents
It is Ordered, That the Petitioner be at Liberty to
amend his said Appeal, as desired, upon the Condition
Menzies and McDonald peremptorily to answer.
The House was informed, "That James Menzies and
Angus Mac Donald have not put in their Answer to
the Appeal of John Earl of Breadalbane and His
Majesty's Advocate, though duly served with the
Order of this House for that Purpose."
And thereupon an Affidavit, made by John Campbell
Cashier of the Bank of Scotland, of the due Service of
the said Order, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a
Westonbirt Commons to enclose, Bill.
The Lord Willoughby of Parham presented to the
House, pursuant to their Lordships Order of the Second
of December last, a Bill, intituled, "An Act for dividing and enclosing the Common Fields called The
North Field and South Field, in the Parish of Westonbirt,
in the County of Gloucester."
And the same was read the First Time.
Ratification of the Treaty of Worms, &c. delivered.
The Lord Carteret, by His Majesty's Command, presented to the House,
"A Copy of His Majesty's Ratification of the Treaty
concluded at Worms, the 2d/13th September 1743; with
a Translation thereof."
And the Titles of the said Ratification and Translation being read:
Ordered, That the said Papers do lie on the Table.
D. Beaufort'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 Henry Duke of Beaufort with Frances
Scudamore his now Wife, and to enable him to marry
again; and for other Purposes therein mentioned;"
and for hearing Counsel, as well for as against the same:
Counsel were accordingly called in.
And Mr. Evans and Mr. Hopton appearing for the
Bill; but no Counsel against it:
The same was read a Second Time.
And the First Counsel was heard at large, to open
the Allegations thereof; and produced the Settlement
made upon the Marriage of the said Duke and Dutchess,
the Articles of Separation between them, and the Deed
of Trust thereupon.
And Parts of the said Writings were read.
And Thomas Garland, Servant to the Duke, was produced, sworn, and examined; and proved the Marriage
and Separation; and in what Capacity he served the
Dutchess afterwards; and the Familiarity he observed
between the Lord Talbot and her Grace.
Next, John Pargiter, a Farmer at Chipping Warden,
in Northamptonshire, being sworn, and examined, acquainted the House, "That, in the Beginning of June,
1741, he observed a Man (whom he described), and
afterwards found it was Lord Talbot, to meet the
Dutchess as she was walking alone in the Fields near
that Place; and thereupon mentioned adulterous Familiarities which passed between them."
And William Douglas and Thomas Bonham were severally examined upon Oath, in order to corroborate
the last Witness's Testimony.
After which, several Witnesses were sworn, and examined, as to the sending for a Midwise to the Dutchess;
her being delivered or brought to Bed of a Daughter;
of the Care and Concern the Lord Talbot expressed
for it; the Endeavours used for Secrecy; further indecent Familiarities between his Lordship and the
Dutchess; and as to the Duke's spending his Time
after the Separation, in order to shew his Grace had
no Meeting with her afterwards.
Which done; a definitive Sentence of Divorce, obtained in the Arches Court of Canterbury, was produced, and read.
And the Counsel having made some short Observations on the Evidence:
They were directed to withdraw.
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow; and that
the Cause between Patrick Calder and Jane Provan,
which stands then to be heard, be put off to Thursday
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
undecimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.