House of Lords Journal Volume 29
February 1758, 21-28

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History of Parliament Trust

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1767-1830

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236-245

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'House of Lords Journal Volume 29: February 1758, 21-28', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 236-245. URL: http://www.british-history.ac.uk/report.aspx?compid=114444 Date accessed: 25 July 2014.


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February 1758, 21-28

DIE Martis, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Argyll.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Findlater.
Comes Marchmont.
Comes Effingham.
Comes Northumberland.
Comes Cornwallis.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Hyde.

PRAYERS.

Hepburn against Congalton.

The Answer of Charles Congalton and Samuel Mitchelson to the Appeal of John Hepburn and others, was brought in.

Clifford's Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing George Clifford," 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."

Miller to amend his Appeal.

Upon reading the Petition of John Miller, Appellant in a Cause depending in this House, wherein William Alexander Esquire is Respondent, reciting several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, of the following Dates; videlicet, the 6th and 23d of February, 8th of March, and 28th June, 1754, and 10th of August and 14th December 1756, and 12th of February, 5th August, and 2d December, 1757; and setting forth, "That the Petitioner, in his said Appeal, complained only of the said Interlocutor of the 10th of August 1756;" and praying, "In regard he is now advised that he ought to have complained of the said several other Interlocutors, as erroneous and contrary to Law and Equity, that he may be at Liberty to amend his said Appeal, by adding thereto the said several other Interlocutors above recited:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by adding thereto the said other Interlocutors above-mentioned, he amending the Respondent's Copy; and that he do amend the same forthwith.

Keat's Bill.

Upon reading the Petition of William Keat Esquire, Lord of the Manor of Upton in the County of Berks, John Webb Vicar of Upton aforesaid, Henry Tomkins Esquire, and others, Freeholders and Occupiers of certain Parcels of Waste and Common Land, lying within the said Manor of Upton, in the Parish of Bluebury, in the said County of Berks; praying Leave to bring in a Bill, for dividing and enclosing the aforesaid Waste and Common, and all other Unenclosed Land and Ground within the Manor of Upton aforesaid, in such Manner as to their Lordships shall seem meet:

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

Tracy & Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Tracy Esquire and Mary Tracy his Wife, only Daughter and Heir of Sir William Dodwell late of Sevenhampton in the County of Gloucester Knight, deceased, for themselves and on the Behalf of Dodwell Tracy their only Child, an Infant; praying Leave to bring in a Bill, for Sale of certain Estates in the City of London, and in the several Counties of Middlesex, Kent, Bucks, and Somerset; and for settling other Estates, in the County of Gloucester, in Lieu thereof.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Legge and Mr. Justice Bathurst; 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.

Gwynne & al. Petition referred to Judges.

Upon reading the Petition of Marmaduke Gwynne of Garth in the County of Brecon Esquire, and Howell Gwynne of the same Place Esquire, Eldest Son and Heir Apparent of the said Marmaduke Gwynne, Marmaduke Gwynne the Younger, and Roderick Gwynne, Younger Sons of the said Marmaduke Gwynne the Elder, and Sackville Gwynne Esquire and Luke Gwynne Clerk, Younger Brothers of the said Marmaduke Gwynne the Elder, and also of Roderick Gwynne of Glanbrane in the County of Carmarthen Esquire; praying Leave to bring in a Bill, for Sale of certain Estates in the County of Pembroke, for discharging Debts and Encumbrances; and for other Purposes therein 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. Justice Foster; 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.

Hiley & al. Petition referred to Judges.

Upon reading the Petition of Eleanor Hiley Widow and Relict of Haviland John Hiley late of Reading in the County of Berks Clerk, deceased, and also of Anthony Addington Doctor in Physick and Mary Addington his Wife, Daughter and only Child of the said Haviland John Hiley, for themselves and on the Behalf of Henry Addington, only Son of the said Anthony Addington by the said Mary his Wife, and of their Four Daughters, who are all Infants; praying Leave to bring in a Bill, for an Exchange of Lands between the Petitioners and Edward Popham Esquire; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denison and Mr. Justice Wilmot; 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.

Congalton & al. against Hepburn & al. Cross Appeal.

Upon reading the Petition and Cross Appeal of Charles Congalton of Congalton Esquire and others, Creditors of James Hepburn of Humbie; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 8th Day of this Instant February; and praying, "That the same may be reversed or varied; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that John, James, George, and Ann Hepburn, Children of the said James Hepburn and James Campbell of Blythswood, may be required to answer the said Appeal:"

It is Ordered, That the said John, James, George, and Ann Hepburn, and James Campbell, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 21st Day of March next; and Service of this Order upon any One of their known Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Bangor.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Somerset.
Dux Argyll.
Dux Dorset.
Comes Warwick.
Comes Peterborow.
Comes Winchilsea.
Comes Sandwich.
Comes Shaftesbury.
Comes Rothes.
Comes Morton.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Aylesford.
Comes Bath.
Comes Gower.
Comes Northumberland.
Comes Hertford.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Ward.
Ds. Romney.
Ds. Ducie.
Ds. Sandys.
Ds. Feversham.
Ds. Hyde.

PRAYERS.

Congalton against Hepburn & al.

The Answer of John, James, George, and Ann Hepburn, and of Thomas Cockburn their Tutor in Litem, to the Cross Appeal of Charles Congalton and others, was brought in.

Young against Cochran & Ux.

As was also, the Answer of James Cochran and Janet Baird his Wife, Two of the Respondents to the Appeal of Thomas Scott and James Young.

Monmouth and Gloucester Roads, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from the Village of Magor, to the Bridge Foot in the Town of Chepstow, in the County of Monmouth, and other Roads in the Counties of Monmouth and Gloucester," 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."

Address for State of the National Debt.

Ordered, 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 11th of January 1757, and 11th of January 1758; together with an Accompt of the Produce of the Sinking Fund; and to the Payment of what Debts, contracted before the 25th Day of December 1716, the said Fund hath been applied."

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

Clifford's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing George Clifford."

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. Burroughs and Mr. Waple:

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

Urquhart to enter into a Recognizance on the Appeal of Hepburn & al.

The House being moved, "That Mr. George Urquhart of Gray's Inn may be permitted to enter into a Recognizance for John Hepburn and others, on account of their Appeal depending in this House; they being in Scotland:"

It is Ordered, That the said George Urquhart may enter into a Recognizance for the said Appellants, as desired.

The King against Ponsonby & al. Writ of Error.

Counsel were called in, to be heard, in the Cause upon a Writ of Error, brought into this House, in order to reverse a Judgement of the Court of King's Bench, reversing a Judgement of the Court of King's Bench in Ireland, wherein the King's Majesty is Plaintiff, and John Ponsonby Esquire and others are Defendants.

And the Counsel for the Plaintiff having been fully heard:

They were all directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Judges do then attend.

Adjourn.

Dominus Custos Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Warwick.
Comes Winchilsea.
Comes Scarbrough.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Bath.
Comes Hertford.
Comes Cornwallis.
Ds. Clifton.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Hyde.
Ds. Lyttelton.

PRAYERS.

Gloucester and Monmouth Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from the Village of Magor, to the Bridge Foot in the Town of Chepstow, in the County of Monmouth, and other Roads in the Counties of Monmouth and Gloucester."

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. Waple:

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

Report of Commissioners of annexed Estates in Scotland.

The House being informed, "That Mr. Rowe, from the Treasury, attended:"

He was called in; and delivered, at the Bar,

"Copy of the Report of the Commissioners and Trustees for managing the annexed forfeited Estates in Scotland, to the Lords Commissioners of His Majesty's Treasury, which, by an Act of the 25th Year of His Majesty's Reign, is directed to be laid before both Houses of Parliament."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Ld. G. Lenox & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Lord George Lenox and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Forests and Manors of Singleton and Charlton, and other Manors, Lands, Tenements, and Hereditaments, in the Counties of Sussex and Wilts, in Trustees and their Heirs, upon the Trusts therein mentioned, freed and discharged from the Estates, Uses, and Trusts, to which the same are at present subject; and for other Purposes therein mentioned."

King's Answer to Address for State of National Debt.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with the Address of this House, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions, that the same be laid before the House accordingly."

The King against Ponsonby & al. Writ of Error.

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Writ of Error, wherein the King's Majesty is Plaintiff, and John Ponsonby Esquire and others Defendants.

And the Counsel for the said Defendants having been fully heard:

They were all directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Judges do then attend; and that the Cause which stands for Tomorrow be put off to Monday next; and the other Causes removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Bangor.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Somerset.
Dux Leeds.
Dux Argyll.
Dux Ancaster.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Warwick.
Comes Stamford.
Comes Winchilsea.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Plimouth.
Comes Coventry.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Strafford.
Comes Aylesford.
Comes Waldegrave.
Comes Effingham.
Comes Harrington.
Comes Gower.
Comes Guilford.
Comes Cornwallis.
Comes Fauconberg.
Viscount Weymouth.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Strange.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Chedworth.
Ds. Sandys.
Ds. Bruce.
Ds. Anson.
Ds. Feversham.
Ds. Lyttelton.

PRAYERS.

Cirencester Road, Bill.

Ordered, That all the Lords who have been present this Session, and are not named of the Committee to whom the Bill intituled, "An Act for repealing so much of the Act of the Fifteenth Year of His present Majesty, for enlarging the Term and Powers granted by an Act of the Thirteenth Year of His late Majesty King George the First, for repairing the Roads from Cirencester Town's End to Saint John's Bridge, in the County of Gloucester, as directs, that the Inhabitants of the several Parishes and Hamlets therein named shall pass Toll-free; and for repairing the Street from the High Cross in Cirencester, to the Town's End there; and for other Purposes therein mentioned; and for enlarging the Terms and Powers granted by the said Two former Acts," stands committed, be added to that Committee.

Ld. G. Lenox & al. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Forests and Manors of Singleton and Charlton, and other Manors, Lands, Tenements, and Hereditaments, in the Counties of Sussex and Wilts, in Trustees and their Heirs, upon the Trusts therein mentioned, freed and discharged from the Estates, Uses, and Trusts, to which the same are at present subject; and for other Purposes therein mentioned."

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

L. Privy Seal.
L. Chamberlain.
D. Leeds.
D. Argyll.
M. Tweeddale.
M. Lothian.
E. Pembroke.
E. Warwick.
E. Stamford.
E. Winchilsea.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Lauderdale.
E. Marchmont.
E. Cornwallis.
Viscount Weymouth.
L. Abp. York.
L. Bp. Ely.
L. Bp. Litch. & Cov.
L. Bp. St. Davids.
L. Bp. Bangor.
L. Abergavenny.
L. Willoughby Par.
L. Bathurst.
L. Ducie.
L. Sandys.
L. Bruce.
L. Feversham.

Their Lordships, or any Five of them; to meet on Monday the 13th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

E. of Egmont's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Earl of Egmont in the Kingdom of Ireland, to raise Money, for purchasing Lands in England, for the Purposes of his Marriage Settlement, by Mortgage, instead of Sale, of Part of his Irish Estate," 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, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the Bill, with the Amendments, be engrossed.

His Majesty's Advocate against D. Gordon.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein the Duke of Gordon is Respondent, which stands for Hearing on Friday next; praying, "In regard the Subject-matter of the said Appeal is under Accommodation, that the said Hearing may be put off till Monday the 8th Day of May next:"

It is Ordered, That the Hearing of the said Cause be put off till Monday the 8th Day of May next, as desired.

Hepburn & al. against Congalton & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Hepburn and others are Appellants, and Charles Congalton and others are Respondents; et è contra:"

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.

Pierie to enter into a Recognizance for Scott & al.

The House being moved, "That William Pierie of The Middle Temple Gentleman may be permitted to enter into a Recognizance for Thomas Scott and James Young, on account of their Appeal depending in this House; they living in Scotland:"

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

The King against Ponsonby & al. Writ of Error:

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Writ of Error, wherein the King's Majesty is Plaintiff, and John Ponsonby Esquire and others are Defendants.

And One Counsel for the Plaintiff having been heard, by Way of Reply:

They were all directed to withdraw.

And it being proposed, "That the Judges be directed to deliver their Opinions, upon the following Question; videlicet,

Judges Opinion:

"Whether the Non-residence of a Free Burgess within the Borough is a sufficient Ground for an Information in the Nature of a Quo Warranto against such Free Burgess, without a previous Amotion, or some other Proceeding previously had against him, for such Nonresidence?"

The same was agreed to; and the said Question was accordingly put to the Judges.

Whereupon the Lord Chief Baron of the Court of Exchequer, having conferred with the rest of the Judges present, acquainted the House, "That they all agreed in Opinion, and held the Negative of the Question."

And then his Lordship delivered their Reasons; concluding with their Opinion,

"That the Non-residence of a Free Burgess within the Borough is not a sufficient Ground for an Information in the Nature of a Quo Warranto against such Free Burgess, without a previous Amotion, or some other Proceeding previously had against him, for such Non-residence."

Whereupon the following Order and Judgement was made:

Judgement.

"After hearing Counsel, as well on Wednesday last as Yesterday and this Day, to argue the Errors assigned upon the Writ of Error brought into this House on the 6th Day of May last, wherein the King's Majesty is Plaintiff, and John Ponsonby Esquire, Richard Ponsonby Esquire, Charles Caldwell Esquire, William Colvill Gentleman, Hugh Darley Stonecutter, Benjamin Burton Esquire, John Ward Esquire, James Turner Farmer, and Margetson Saunders Merchant, are Defendants, in order to reverse a Judgement given in the Court of King's Bench, for the said Defendants, reversing a Judgement of the Court of King's Bench in Ireland; and hearing the unanimous Opinion of the Judges present, upon a Question of Law to them proposed; 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 Judgement of the Court of King's Bench in England, reversing the Judgement of the Court of King's Bench in Ireland, be, and the same is hereby, affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon, as if no such Writ of Error had been brought into this House."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows:

"But, because the said Court of our said present Sovereign Lord the King, before the King Himself, in His Parliament, is not as yet advised about giving their Judgement touching and concerning the Premises aforesaid, a Day is therefore given to the Parties aforesaid, before our said present Sovereign Lord the King, in Parliament, until on Wednesday the Twentysecond Day of February, in the Thirty-first Year of the Reign of our said Sovereign Lord the King, wheresoever &c. to hear their Judgement thereupon, for that the said Court of our said present Sovereign Lord the King, in his Parliament, is not as yet &c. at which Day, before our said present Sovereign Lord the King, in His Parliament at Westminster, in the County of Middlesex, come as well the aforesaid James Burrow, who for our said Sovereign Lord the King, in this Behalf, prosecuteth in his proper Person, as the said John Ponsonby, Richard Ponsonby, Charles Caldwell, William Colvill, Hugh Darley, Benjamin Burton, John Ward, James Turner, and Margetson Saunders, in their proper Persons; and because the said Court of our said present Sovereign Lord the King, before the King Himself, in His Parliament, is not as yet advised about giving their Judgement touching and concerning the Premises aforesaid; therefore a Day is further given to the Parties aforesaid, before our said present Sovereign Lord the King in Parliament, until Thursday the Twenty-third Day of February next following, wheresoever &c. to hear their Judgement thereupon, for that the said Court of our said present Sovereign Lord the King, in his Parliament, is not as yet &c. at which Day, before our said present Sovereign Lord the King, in His Parliament, at Westminster, in the County of Middlesex, come as well the aforesaid James Burrow, who for our said Sovereign Lord the King, in this Behalf, prosecureth in his proper Person, as the said John Ponsonby, Richard Ponsonby, Charles Caldwell, William Colvill, Hugh Darley, Benjamin Burton, John Ward, James Turner, and Margetson Saunders, in their proper Persons; and because the said Court of our said present Sovereign Lord the King, before the King Himself, in His Parliament, is not as yet advised about giving their Judgement touching and concerning the Premises aforesaid; therefore a Day is further given to the Parties aforesaid, until Friday the Twenty-fourth Day of February next ensuing, wheresoever &c. to hear their Judgement thereupon, for that the said Court of our said present Sovereign Lord the King, in His Parliament, is not as yet &c. at which Day, before our said present Sovereign Lord the King, in His Parliament, at Westminster, in the County of Middlesex, come as well the aforesaid James Burrow, who, for our said Sovereign Lord the King, in this Behalf, prosecuteth in his proper Person, as the said John Ponsonby, Richard Ponsonby, Charles Caldwell, William Colvill, Hugh Darley, Benjamin Burton, John Ward, James Turner, and Margetson Saunders, in their proper Persons: Whereupon the said Court of our said present Sovereign Lord the King, in His Parliament, having seen and fully understood all and singular the Premises; and having examined and inspected as well the Record and Proceedings aforesaid, and the Judgements thereupon given aforesaid, as the Causes and Matters above assigned for Error by the said James Burrow, and mature Deliberation being thereupon had, it appears unto the said Court of our said present Sovereign Lord the King, before the King Himself, in His Parliament, that there is not any Error, either in the Record and Proceedings aforesaid, or in the giving of the said Judgement, in the said Court of our said Sovereign Lord the King, before the King Himself, at Westminster, of reversing the said first-mentioned Judgement, given by the said Court of our said Lord the King, at the Courts in His said Kingdom of Ireland; and that the said Record is not in any Wise vicious or defective: Therefore it is considered by the said Court of our said present Sovereign Lord the King, in His Parliament, that the said Judgement of the said Court of our said Lord the King, before the King Himself, at Westminster, reversing the said Judgement of the said Court of our said Lord the King, at the Courts in His Kingdom of Ireland, be in all Things affirmed, and stand in full Force and Effect, the Causes and Matters above assigned for Error in any Wise notwithstanding; and that the Record and Proceedings aforesaid, before the said Court of our said present Sovereign Lord the King, in His Parliament, so had by the same Court of Parliament, to the Court of our said Lord the King, before the King Himself, wheresoever &c. be remitted &c."

Miller against Alexander.

The Answer of William Alexander Esquire to the amended Appeal of John Miller, was brought in.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Carliol.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Bristol.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Somerset.
Dux Portland.
Comes Huntingdon.
Comes Denbigh.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Morton.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Aylesford.
Comes Bath.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg.
Viscount Say & Sele.
Ds. Willoughby Par.
Ds. Foley.
Ds. Sandys.
Ds. Mansfield.

PRAYERS.

Woollett's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Mary Woollett Spinster (notwithstanding her Infancy), upon her Marriage with Robert Mead Wilmot Esquire, to settle and convey her Estate and Interest in certain Messuages, Lands, and Hereditaments, in the County of Kent, and in Two several Sums of Two Thousand Pounds and Three Hundred Pounds, to the Uses in certain Articles of Agreement mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. of Egmont's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Earl of Egmont in the Kingdom of Ireland to raise Money, for purchasing Lands in England, for the Purposes of his Marriage Settlement, by Mortgage, instead of Sale, of Part of his Irish Estate."

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. Harris:

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

His Majesty's Advocate against Hay, and against Hay and Cuthbert.

Upon reading the Petition of Jean Hay, Respondent to Two Appeals depending in this House, wherein His Majesty's Advocate for Scotland, for His Majesty's Interest, is Appellant; setting forth, "That, Two several Claims having been entered before the Court of Session in Scotland, One in the Name of the Petitioner and One of the Children of the Marriage between her and John Cuthbert, and the other in the Name of the Petitioner alone, Two separate Causes were carried on, and severally heard; and Two several Decrees were made therein by the said Court; by reason of which several Proceedings, the Petitioner has been put to heavy Charges and Expenses; and that, if the Appellant shall prosecute his said Appeals severally, the Petitioner will be thereby put to further and extraordinary Charges and Expenses, which, in respect of the Poverty and Distress of herself and Family, she is unable to bear;" and therefore praying, "That the said Two Causes may be conjoined and consolidated; and that the same may come on to be heard at one and the same Time:"

It is Ordered, That the said Causes, on the said Two Appeals, be heard together, on the Day on which the First of the said Appeals stands in Course appointed to be heard.

Ross & al. to withdraw their Appeal.

A Petition of Andrew Ross Esquire and others, Appellants in a Cause depending in this House, to which Peter Johnston is Respondent, was presented, and read; praying, "That they may be at Liberty to withdraw their Appeal."

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

And being withdrawn:

Ordered, That the Petitioners be at Liberty (fn. 1) to withdraw their said Appeal, upon Payment of £. 50. Costs to the Respondent.

Counts Leslies against Grant and Orme.

A Petition of Charles Cajetan Count Leslie, Leopaldus Count Leslie, and Antonius Count Leslie, Appellants in Two Causes depending in this House, wherein Peter Grant and David Orme are Respondents, which stand appointed for Hearing on Monday next, was presented, and read; praying, "In regard the Proceedings in the said Causes are very voluminous, and the Agent below has not been able to transmit the said Decree and other Papers, and a Delay can be no Inconvenience to the Respondents, that the Hearing of the said Causes may be put off till after all the Causes already appointed."

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

And being withdrawn:

Ordered, That the Hearing of the said Causes be put off to the First Cause-day after the Recess at Easter.

Seamens Wages, Bill.

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

With a Bill, intituled, "An Act for the Encouragement of Seamen employed in the Royal Navy; and for establishing a regular Method for the punctual, frequent, and certain Payment of their Wages; and for enabling them more easily and readily to remit the same for the Support of their Wives and Families; and for preventing Frauds and Abuses attending such Payments;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Address for State of the Navy Debt; and an Account of the Number of Seamen.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions to the proper Officer, to lay before this House, a State of the Debt of His Majesty's Navy, as it stood on the 31st of December 1757; and also, an Account of the Number of Seamen and Marines employed in the Service of the Royal Navy, from the 31st of December 1756, to the 31st of December 1757, upon a Medium of each Month; distinguishing what Number were borne, and what mustered, in the said Service."

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

Buckworth against Phelan:

This Day being appointed, for hearing the Cause upon the Appeal of John Buckworth Esquire; complaining of several Proceedings of the Court of Exchequer in Ireland; as also of several Orders of the same Court, of the 1st of June 1753, 2d of July 1754, and 6th of February 1755; the 4th of February, 16th of July, and 6th of December, 1756; and praying, "That the same might be reversed, varied, or set aside;" to which Appeal Barnaby Phelan is Respondent:

Counsel appeared for the said Respondent.

But none appearing for the Appellant; and the Respondent's Counsel having prayed an Affirmance of the several Orders complained of, with Costs:

The Counsel were directed to withdraw.

Order affirmed, with Costs.

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 several Orders therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds, of lawful Money of Great Britain, for his Costs in respect of the said Appeal.

Delany against Tenison & al.

Whereas Wednesday next is appointed, for hearing the Cause wherein Doctor Patrick Delany is Appellant, and Thomas Tenison Esquire and others are Respondents:

It is Ordered, That the Counsel be called in precisely at 12 o'Clock; and that Notice be given them of this Order.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 28o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Eliens.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Bristol.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Somerset.
March. Tweeddale.
Comes Lincoln.
Comes Exeter.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Tankerville.
Comes Aylesford.
Comes Effingham.
Comes Bath.
Comes Northumberland.
Comes Guilford.
Comes Cornwallis.
Comes Fauconberg.
Ds. Clifton.
Ds. Ward.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Sandys.
Ds. Hyde.

PRAYERS.

Glen Common, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, in Great Glen, in the County of Leicester, called The Upper or North End Fields, and all the Common Pastures, Common Meadows, and Common or Waste Grounds, within the same Fields;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lady Bulkeley, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Emma Lady Dowager Bulkeley and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for carrying into Execution several Contracts, made by or on Behalf of James late Lord Bulkeley in the Kingdom of Ireland, in his Life-time, for Sale of several Lands and Tenements in the County of Anglesey; and for applying the Purchase-money to discharge Encumbrances affecting the same."

Woollett's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Mary Woollett Spinster (notwithstanding her Infancy), upon her Marriage with Robert Mead Wilmot Esquire, to settle and convey her Estate and Interest in certain Messuages, Lands, and Hereditaments, in the County of Kent, and in Two several Sums of Two Thousand Pounds and Three Hundred Pounds, to the Uses in certain Articles of Agreement 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. Harris:

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

Tufnell'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 George Forster Tufnell Esquire with Elizabeth Forster 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. Perrot appearing as Counsel for the Bill; but no Counsel appearing in Behalf of Mrs. Tufnell against it:

John Parry was produced, to prove Service of the Order for giving her Notice of this Proceeding; who, being sworn, acquainted the House, "That, on the 18th of this Month, he served Mrs. Tufnell with the Order of this House, at her Lodgings at Chelsea; and at the same Time delivered her a true Copy of the Bill."

And then he was directed to withdraw.

And the said Bill was read a Second Time.

Then Mr. Perrot was heard, in Support of the Bill, and to make out the Allegations thereof:

And called George Elliot, in order to prove the Marriage; who, being sworn, produced a Certificate, signed by Duel Taylor Rector of Bath, "That it appears, by the Register-Book of the Parish of Saint Peter and Saint Paul, in the City of Bath, that George Tufnell Esquire and Elizabeth Forster were married, by License, on the 11th Day of February 1744;" and gave an Account, "That he saw the Rector sign the said Certificate; and that he examined it with the Register-Book."

And then he was directed to withdraw.

Then Frances Perrot, who had lived with Mrs. Tufnell as her Servant, was called in; and, being sworn and examined, gave an Account, "That, in the Year 1755, Mr. Tufnell and Mrs. Tufnell went to Bristol; and that, when they were there, they lay in separate Beds, on account of Mrs. Tufnell's bad Health; and that there her Mistress became acquainted with Captain John Evans; and that, the said Captain Evans coming to visit her Mistress when she had Company, her Mistress gave her Directions to carry him into her Bed-chamber; which she did, and locked him in, and gave the Key to her Mistress; and that, when the Company was gone, her Mistress went to him; and ordered her (the Witness) to keep the Nurse below, and not let her come up, but to come again herself about Four or Five o'Clock in the Morning; which she did about Four o'Clock, and let the Captain out at a Back Door: That afterwards, when they returned to Mr. Tufnell's House at Turnham Green, Captain Evans and his Lieutenant came to see her Mistress, when Mr. Tufnell was gone into Essex: The Lieutenant went away after Dinner; but Captain Evans stayed till about Twelve o'Clock at Night; when Mr. Tufnell returning, the Butler kept Mr. Tufnell in Suspence till the Captain was conveyed out of the Room, and put into the Coalhole for about Half an Hour, till he could be let out: That, when Mrs. Tufnell had Lodgings at Kensington Gravel Pits, Captain Evans used to come there, and sometimes stayed Four or Five Days and Nights at a Time; and that her Mistress went often into the Captain's Bed-chamber, and great Familiarities passed between them; and that they also held a Correspondence by Letters."

She is directed to withdraw.

And Winnifred Samuel was called, who also had lived with Mrs. Tufnell as her Servant; and, being sworn and examined, gave an Account, "That she went with her Mistress into Suffolk, and that they lay at an Inn in Chelmsford; and that Captain John Evans came to the same Inn, and lay there also; and then went by the Name of Eustace: That she (the Witness) lay in a little Room within her Mistress's Bed-chamber: That her Mistress sent her to Bed before her, and locked her in; saying, "She would put herself to Bed;" and her Mistress's Bed being very much tumbled in the Morning, her Mistress told her, "She was taken ill in the Night, and fell out of Bed, and that was the Occasion of it:" That, in the Summer 1756, when Mr. Tufnell was in Ireland, her Mistress went to live at Mr. Tufnell's Father's House in Albemarle Street: That the Family were in the Country, and only One Woman left in the House: That her Mistress lay out One Night; and the next Night Captain Evans came to see her, and was with her when she was in Bed; and she saw him there at Nine o'Clock the next Morning; and she has, at Three or Four different Times, seen Captain Evans with Mrs. Tufnell in naked Bed together."

Being asked, "When Mrs. Tufnell went away from Mr. Tufnell's?" says, "She left Mr. Tufnell on the Sunday before Christmas Day 1756; and she believes Mr. Tufnell has not cohabited or had any Intercourse with her ever since."

She was directed to withdraw.

And Peter Basford was called in, and sworn; and produced a Copy of the Judgement of the Court of King's Bench against the said John Evans, by Default, upon an Action brought against him by Mr. Tufnell, for Criminal Conversation with his Wife.

And acquainting the House, "That he had compared it with the Original, and that it was a true Copy;" the same was read.

He was directed to withdraw.

And Henry Collins, Deputy Register of the Consistory Court of the Dean and Chapter of Saint Paul, was called in, and sworn; and produced the original Definitive Sentence of Divorce of the said Court against the said Mrs. Tufnell, for Adultery with the said John Evans.

And the same was read.

And the Evidence being finished, 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 on the said Bill, on Tuesday next.

King's Answer to Address for Navy Debt, &c.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with the Address of this House of Yesterday, for a State of the Debt of the Navy, and an Account of the Number of Seamen, &c.; and that His Majesty was pleased to say, He would give Directions that the same be laid before the House accordingly."

Marine Forces, Regulation of, Bill.

A Message was brought from the House of Commons, by Mr. Orby Hunter 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 Bill was read the First Time.

Mercers Company, Accompts delivered.

The House being informed, "That Mr. Cawne, from the Mercers Company, attended:"

He was called in; and delivered, at the Bar,

"The Accompts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1756, to the 10th of October 1757, directed to be laid before each House of Parliament, by an Act passed in the 21st Year of the Reign of His present Majesty, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Bis in Originali.