January 1759
DIE Martis, 16o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Bristol. |
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Bedford.
Dux Bridgewater.
March. Rockingham.
Comes Warwick.
Comes Sandwich.
Comes Shaftesbury.
Comes Cholmondeley.
Comes Marchmont.
Comes Cowper.
Comes Bath. |
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Ponsonby.
Ds. Lyttelton. |
PRAYERS.
Mearns & al. against Farquharson & al.
The Answer of Charles Farquharson and others, to
the Appeal of Patrick Mearns and others, was brought
in:
As was also, the Answer of William Brown, to the
Appeal of Roderick Macleod Esquire.
Wilbraham & Ux. Leave for a Bill, to take the Name of Bootle:
Upon reading the Petition of Richard Wilbraham Bootle
Esquire, formerly called Richard Wilbraham, and Mary
his Wife; praying Leave to bring in a Bill, for continuing and confirming the Surname and Arms of Bootle
to them and their Issue, pursuant to the Will of Sir
Thomas Bootle Knight, deceased:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly, the Earl of Bath presented to the
House a Bill, intituled, "An Act for continuing, establishing, and confirming, the Surname and Arms of
Bootle unto Richard Wilbraham Bootle Esquire, formerly called Richard Wilbraham, and Mary Wilbraham
Bootle his Wife, and their Issue, pursuant to the Will
of Sir Thomas Bootle Knight, deceased."
The said Bill was read the First Time.
Boyle against Evans & al.
A Petition of Bellingham Boyle Esquire, Appellant in
a Cause depending in this House, wherein Eyre Evans
Esquire and others are Respondents, which stands appointed for hearing on Friday next, was presented and
read; setting forth, "That the Proceedings and necessary Papers in this Cause are not yet arrived from
Ireland, occasioned by the Death of the Petitioner's
Solicitor there; and that Terms of Accommodation
have been proposed on the Part of the Petitioner,
which are now under the Consideration of the Respondents;" and therefore praying, "That the
Hearing of the said Cause may be put off to the First
Day of Causes after Easter, or to such other Time as
to their Lordships shall seem meet; the Agent for the
Respondents having signed the said Petition, as consenting thereto."
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 Cause be
put off to the First Cause-day after the Recess at
Easter.
Molyneux's Petition referred to Judges.
Upon reading the Petition of the Honourable Maria
Molyneux, Widow and Relict of the Honourable Thomas
Molyneux, deceased, and of George Henry Earl of Litchfield and William Prujean Esquire, as surviving Guardians, and for and on the Behalf, of Charles William Molyneux Esquire, only Son and Heir of the said Thomas
Molyneux, deceased, by the said Maria; praying Leave
to bring in a Bill, to vest in the Petitioners, during the
Non-age of the said Charles William Molyneux the Infant,
such and the same Power of making Leases as was
vested in Sir William Gerard, Peter Legh, and Ralph
Standish, in and by the First Settlement in the Petition
mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Clive; 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.
Van Straubenzee, Leave for a Nat. Bill:
Upon reading the Petition of Philippus William Casimir
Van Straubenzee Esquire; praying, "That Leave may
be given to bring in a Bill, for his Naturalization:"
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for
naturalizing Philippus Willem Casimir Van Straubenzee
Esquire."
The said Bill was read the First Time.
Codrington, to take the Name of Bethell, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to enable Christopher Codrington Esquire, now called
Christopher Bethell, and his Heirs Male, to take and
use the Surname and Arms of Bethell, pursuant to the
Will of Slingsby Bethell Esquire, deceased."
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. Spicer and Mr. Edwards:
To acquaint them, that the Lords have agreed to
the said Bill, without any Amendment.
King against Sir E. King.
Upon reading the Petition and Appeal of Henry King
of the City of Dublin Esquire; complaining of an Order
of the Court of Chancery in Ireland, of the 12th Day
of December 1758; and praying, "That the same may
be reversed and set aside; and such other Relief given
the Appellant as to this House shall seem meet, and
as the Nature and Circumstances of the Case may require; and that Sir Edward King Baronet may be required to answer the said Appeal:"
It is Ordered, That the said Edward King may
have a Copy of the said Appeal; and do put in his Answer, in Writing, on or before Tuesday the 20th Day of
February next; and Service of this Order upon the
Clerk in Court, or Attorney of the said Respondent, in
the said Court of Chancery in Ireland, shall be deemed
good Service.
Crokers against Napper & al.
Upon reading the Petition of Edward Croker and
Henry Croker Esquires Appellants, and of John Napper
Gentleman and others Respondents, in a Cause depending in this House, which is appointed for Hearing;
praying Liberty to withdraw the Appeal, without Costs;
the Matters in Difference having been settled by Agreement between the Petitioners:
It is Ordered, That the Appellants be at liberty
to withdraw their said Appeal, with the Consent of the
Respondents, as desired.
D. Gordon & al. against Gordon:
The House was informed, "That John Gordon, Respondent to the Appeal of Alexander Duke of Gordon
and others, had not put in his Answer to the said
Appeal, though duly served with the Order of this
House for that Purpose."
And thereupon an Affidavit of William Fraser, One of
the Clerks to His Majesty's Signet, of the due Service
of the said Order, being read:
Respondent peremptorily to answer.
Ordered, That the said Respondent do put in his
Answer to the said Appeal, peremptorily, in a Week.
Respondents peremptorily to answer Sinclair's Appeal.
The House was also informed, "That John Earl of
Breadalbane and others, Respondents to the Appeal
of Francis Sinclair and His Majesty's Advocate for
Scotland, had not put in their Answer to the said Appeal, though duly served with the Order of this House
for that Purpose."
And thereupon an Affidavit of Charles Mitchell Writer
in Edinburgh, of the due Service of the said Order,
being read:
Ordered, That the said Respondents do put in their
Answer to the said Appeal, peremptorily, in a Week.
Marlar to enter into Recognizance on Hurne's Appeal.
The House being moved, "That John Marlar of
London Merchant may be permitted to enter into a
Recognizance for Nicholas Loftus Hume, a Minor,
and Nicholas Loftus Esquire, on account of their Appeal depending in this House; they being in Ireland:"
It is Ordered, That the said John Marlar may enter
into a Recognizance for the said Appellants, as desired.
Blacker against Mathers, and Hume against Rochford & Ux.:
The House being informed, "That Mr. George Cannon attended, in order to deliver in Copies of Papers
and Proceedings, relating to Two Causes depending
in this House; in one of which, William Blacker Esquire is Appellant, and Wilsey Mathers Respondent;
and in the other, Nicholas Loftus Hume and Nicholas
Loftus Esquires are Appellants, and George Rochford
Esquire and his Wife are Respondents:"
Pleadings proved.
He was called in, and delivered the same at the Bar;
and attested upon Oath, "They were true Copies, he
having examined them with the Originals in the proper Offices in Ireland."
And then he withdrew.
Cooke, Leave for a Bill:
Upon reading the Petition of John Cooke of Stratford
in the County of Essex Esquire; praying Leave to bring
in a Bill, to dissolve his Marriage with Susanna Cooper,
and to enable him to marry again:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly, the Earl of Marchmont presented to
the House a Bill, intituled, "An Act to dissolve the
Marriage of John Cooke Esquire with Susanna Cooper
his now Wise; 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 Thursday the First Day of February next; and
that Notice thereof be affixed on the Doors of this
House; and the Lords to be summoned; and that the
said John Cooke 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 Susanna Cooper
may have a Copy of the said 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.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad & in diem
Mercurii, decimum septimum diem instantis Januarii,
hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 17o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cantuar.
Epus. Eliens.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol. |
Ds. Custos Magni Sigilli.
Comes Warwick.
Comes Peterborow.
Comes Marchmont.
Comes Bath.
Comes Northumberland.
Comes Hardwicke. |
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Sandys.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton. |
PRAYERS.
Bp. of St. Asaph to preach on Fast Day.
Ordered, That the Lord Bishop of St. Asaph be,
and he is hereby, desired to preach before this House,
in the Abbey Church, Westminster, on Friday the 16th
Day of February next, being appointed by His Majesty's Royal Proclamation to be observed as a general
Fast.
Wilbraham to take the Name of Bootle, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for continuing, establishing, and confirming, the Surname and Arms of Bootle unto Richard Wilbraham
Bootle Esquire, formerly called Richard Wilbraham,
and Mary Wilbraham Bootle his Wife, and their Issue,
pursuant to the Will of Sir Thomas Bootle Knight,
deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
E. Warwick.
E. Peterborow.
E. Marchmont.
E. Bath.
E. Northumberland.
E. Hardwicke. |
L. Abp. Canterbury.
L. B. Ely.
L. B. Sarum.
L. B. St. Davids.
L. B. Gloucester.
L. B. Peterborow.
L. B. Bristol. |
L. Willoughby Par.
L. Delamer.
L. Sandys.
L. Ponsonby.
L. Mansfield.
L. Lyttelton. |
Their Lordships, or any Five of them; to meet
on Thursday next, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Honington Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of
Honington, in the County of Warwick."
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 Thursday the 25th Day of this Infant January, at the usual Time and Place; and to adjourn
as they please.
Van Straubenzee's Nat. Bill.
Philippus Willem Casimir Van Straubenzee took the
Oaths appointed, in order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act
for naturalizing Philippus Willem Casimer Van Straubenzee Esquire."
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 Tuesday next, at the usual Time and Place;
and to adjourn as they please.
Pippard against Corporation of Drogheda; and Blacker against Mathers:
The House being informed, "That Mr. Walter Sweetman attended, in order to deliver in Copies of Papers
and Proceedings, in Two Causes depending in this
House; in one of which, Henry Pippard Esquire is
Appellant, and the Corporation of Drogbeda and
others are Respondents; and in the other, William
Blacker Esquire is Appellant, and Wilsey Mathers
Esquire Respondent:"
Pleadings proved.
He was called in, and delivered the same at the Bar;
and attested, upon Oath, "They were true Copies; he
having examined them with the Originals in the proper Offices in Ireland."
And then he withdrew.
Blacker against Mathers.
A Petition of Wilsey Mathers Esquire, Respondent in
a Cause depending in this House, which is appointed to
be heard on Monday next, was presented, and read;
setting forth, "That the Messager entrusted with the
bringing over the Petitioner's Papers from Ireland
has been delayed by Stress of Weather at Sea, and
did not arrive in Town till last Night; by reason
whereof, it will be impossible to prepare and print
the Petitioner's Case, and instruct his Counsel, so as
to be ready for the said Hearing by Monday next;"
and therefore praying, "That the said Hearing may be
put off for Ten Days, or to such Time as their Lordships shall think proper."
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 Cause be
put off to the First Day for Causes after those already in
Course appointed.
Scott and Young against Cochran & Ux.
After hearing Counsel in Part, in the Cause wherein
Thomas Scott and James Young are Appellants, and
James Cochran and Janet Baird his Wife are Respondents:
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad & in diem
Jovis, decimum octavum diem instantis Januarii, hora
undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 18o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath. & Wells.
Epus. Meneven.
Epus. Bristol. |
Ds. Custos Magni Sigilli.
Comes Warwick.
Comes Denbigh.
Comes Loudoun.
Comes Marchmont.
Comes Strafford.
Comes Buckinghamsh.
Comes Hertford.
Comes Hardwicke. |
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Sandys.
Ds. Ponsonby.
Ds. Mansfield. |
PRAYERS.
V. Heyden against Verney:
Upon reading the Petition of George Verney Defendant in a Writ of Error depending in this House,
wherein Dirk Vander Heyden is Plaintiff; praying,
"In regard the Plaintiff hath not assigned Errors within
the Time limited by the Standing Orders of this
House for that Purpose, that the same 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 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 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 Defendant in Error, the Sum of Twenty Pounds,
for his Costs by reason of the Delay of the Execution
of the said Judgement.
King against Sir E. King.
The House being informed, "That Thomas Cannon
attended, in order to deliver in Copies of Papers and
Proceedings relating to a Cause depending in this
House, wherein Henry King Esquire is Appellant,
and Sir Edward King Baronet is Respondent:"
Pleadings proved.
He was called in, and delivered the same at the Bar;
and attested upon Oath, "They were true Copies; he
having examined them with the Originals in the proper Offices in Ireland."
And then he withdrew.
Scott and Young against Cochran & Ux.
After hearing Counsel, as well Yesterday as this
Day, upon the Petition and Appeal of Thomas Scott of
Joanhill and James Young of Netherfield; complaining
of Three Interlocutors of the Lords of Session in Scotland, of the 17th of February 1756, the 7th of December 1757, and 2d of February 1758; and praying,
"That the same might be reversed or varied; and that
the Appellants might have such other Relief in the
Premises as to this House in their Lordships great
Wisdom and Justice should seem meet:" As also upon
the Answer of James Cochran of Brownside and Janet
Baird his Wife put in to the said Appeal; and due
Consideration had of what was offered on either Side in
this Cause:
Interlocutors affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Petition and Appeal be, and is hereby, dismissed
this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed: And
it is further Ordered, That the Appellants do pay, or
cause to be paid, to the Respondents, the Sum of One
Hundred Pounds, for their Costs in respect of the said
Appeal.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Lunæ vicesimum secundum diem instantis Januarii, hora
undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 22o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol. |
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Comes Denbigh.
Comes Winchilsea.
Comes Essex.
Comes Shaftesbury.
Comes Marchmont.
Comes Dartmouth.
Comes Gower.
Comes Northumberland.
Comes Hardwicke. |
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Boyle.
Ds. Hay.
Ds. Edgecumbe.
Ds. Ponsonby. |
PRAYERS.
Address of Condolence on the Death of the Princess of Orange.
Ordered, That an humble Address be presented
to His Majesty, "Humbly to condole with His Majesty
on the Death of that most Excellent Princess His
Majesty's Entirely-beloved Daughter the Princess
Royal and of Orange; whose many eminent Virtues
had rendered her most dear, not only to His Majesty
and His People, but also to that Country where His
Majesty in His Royal Wisdom had placed her in
Marriage; to express our deep Concern for the great
Loss which His Majesty and His good Friends and
Allies The States General of the United Provinces,
have sustained by that unhappy and melancholy
Event."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Hamersley to enter into a Recognizance on King's Appeal.
The House being moved, "That Mr. Hugh Hamersley may be permitted to enter into a Recognizance
for Henry King Esquire, on account of his Appeal
depending in this House; he living in Ireland:"
It is Ordered, That the said Hugh Hamersley may
enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Martis, vicesimum tertium diem instantis Januarii, hora
undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 23o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Sarum.
Epus. Carliol.
Epus. Meneven.
Epus. Glocestr.
Epus. Landaven.
Epus. Bristol. |
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Manchester.
Comes Denbigh.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Marchmont.
Comes Strafford.
Comes Bath.
Comes Buckingham.
Comes Harcourt. |
Ds. Abergavenny.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Cathcart.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Sandys.
Ds. Ponsonby.
Ds. Hyde. |
PRAYERS.
Wilbraham to take the Name of Bootle, Bill.
The Earl of Bath reported from the Lords Committees to whom the Bill, intituled, "An Act for
continuing, establishing, and confirming, the Surname
and Arms of Bootle unto Richard Wilbraham Bootle
Esquire, formerly called Richard Wilbraham, and
Mary Wilbraham Bootle his Wife, and their Issue,
pursuant to the Will of Sir Thomas Bootle Knight,
deceased," 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."
Ordered, That the said Bill be engrossed.
Witnesses to attend, on Cooke's Divorce Bill.
Ordered, That Thomasin Underwood, James Grant,
Thomas Palmer, William King, Elizabeth Clarke, Jane
Brown, Jane Johnson, Katherine Plummer, Mary Might,
Elizabeth Board, and John Board, do attend this House
on Thursday the First Day of February next, in order to
be examined, as Witnesses, upon the Second Reading of
the Bill, intituled, "An Act to dissolve the Marriage of
John Cooke Esquire with Susanna Cooper his now Wife;
and to enable him to marry again; and for other Purposes therein mentioned."
Curzon against Barnwall:
A Petition of Dame Winifred Curson, Appellant in a
Cause depending in this House, wherein Frances Barnewall is Respondent, which stands appointed to be heard
on Friday next, was presented, and read; praying
Liberty to withdraw her Appeal; and humbly submitting to pay such Costs to the Respondent as their Lordships shall think fit.
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And being withdrawn:
Appeal with drawn.
Ordered, That the Appellant be at Liberty to
withdraw her said Appeal, upon Payment of Fifty
Pounds Costs to the Respondent.
King's Answer to Address of Condolance on the Death of the Princess of Orange.
The Lord Chamberlain reported, "That the Lords
with White Staves had (pursuant to the Order of
Yesterday) presented to His Majesty their Lordships
Address of Condolance on the Death of the Princess
Royal and of Orange; and that His Majesty was
pleased to return the following most Gracious Answer:
"His Majesty thanks the House of Lords, for the
kind Concern they express for the great Loss he has
sustained; and has the justest Sense of this fresh Mark
of their Zeal and Duty to Him, and of their Affection
for His Family."
Wilford'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 Edward Wilford Gentleman with
Rachel Norsa 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. Nares appearing as Counsel for the Bill;
but no Counsel appearing, on Behalf of Mrs. Wilford,
against it:
Edward Bowman was called, to prove Service of the
Order for giving her Notice of this Proceeding; who,
being sworn, acquainted the House, "That on the
6th of December last, he personally served Mrs. Wilford with the Order of this House, and delivered her
a true Copy of the Bill."
And then he was directed to withdraw.
Then the said Bill was read a Second Time.
And Mr. Nares was heard, in Support of the Bill; and,
in order to make out the Truth of the Allegations thereof, called,
Edward Jackson Clerk, to prove the Marriage;
who, being sworn, gave an Account, "That Mr. Wilford was married to Mrs. Rachel Norsa, on the 23d of
July 1746, at the Chapel at Roehampton in Surry;
and that he was present at the said Marriage."
And then he was directed to withdraw.
And Ann Hipkin, a Servant of Mrs. Wilford's, who
had lived with her upwards of Two Years, was called,
in order to prove the Criminal Conversation between
Mr. John Berkley and Mrs. Wilford; and, being sworn,
gave an Account of Mr. Berkley's frequent Visits to Her
Mistress, in the Course of the Year 1757, when Mr.
Wilford was from Home, and of indecent Familiarities
between them; and also of Mrs. Wilford's frequent Visits
to Mr. Berkeley, at his Lodgings in Bridge Street, the
Back Windows of which are opposite to the Back Windows of Mr. Wilford's House in New Palace Yard; and
of her Mistres's directing her to put a Candle in the
Back Garret Window, which answers to the Back Garret Window of Mr. Berkley's Lodgings, which she was
to take away when her Master came Home, as a Signal
to her Mistress; and of her letting Mr. Berkley out of
the Garret Window, in order to get in at the Garret
Window of his own Lodgings; and that once, when
her Master came Home unexpectedly, Mr. Berkley ran
down to the Kitchen, and hid himself in the Coal-hole
till her Master went out again, and then went up and
staid alone with her Mistress, in the Parlour, for some
Hours; and that, one Evening particularly, when Mr.
Berkley and her Mistress were alone in the Back Parlour, she, being in the Kitchen, heard a Noise of the
wheeling of the Easy Chair, which induced her to go
up and listen, and, from the Noise of the Chair, and
from some Expressions of her Mistress, which she heard,
she believed her Mistress was then in the Act of Adultery with Mr. Berkley.
She was directed to withdraw.
And Mary Nash, another Servant also of Mr. Wilford's,
was called in, and sworn; and, being examined, gave
a like Account; and confirmed the Evidence of the former Witness, as to the frequent Visits and Intercourse
between Mr. Berkeley and her Mistress, and great Familiarities between them, and his frequently being alone
with her when Mr. Wilford was from Home; and particularly of his coming one Evening, in March 1757,
when Mr. Wilford was out of Town, and staying alone
with her till Three o'Clock in the Morning; but gave
no positive Evidence of her having ever seen them in the
Act of Adultery. Being asked as to the Time of Mr.
Wilford's parting from his Wife, says, "He put her out
of his House on the 10th Day of March 1758; and
she has never been there since; and she believes Mr.
Wilford has not seen her since."
She was directed to withdraw.
And the said Edward Bowman was called in agin;
and produced a Copy of the Verdict obtained against
Mr. Berkley, for £. 500 Damages, besides Costs of Suit,
upon an Action brought against him by Mr. Wilford in
the Court of King's Bench; and acquainted the House,
"That he had compared it with the Original; and that
it was a true Copy."
And the same was read.
He was directed to withdraw.
Then William Skelton, Register of the Consistory Court
of the Bishop of London, was called in, and sworn; and
produced the original Definitive Sentence of Divorce of
the said Court, against (fn. 1) Mrs. Wilford, for Adultery with
the said Mr. Berkley.
And the same was read.
And then he withdrew.
And Mary Nash was called in again; and asked what
Children Mr. Wilford had; and says, "He has only
Two Sons now living, one upwards of Five, and the
other upwards of Three Years old."
She was directed to withdraw.
And no further Evidence being offered, the Counsel
was directed to withdraw.
Ordered, That the said Bill be committed to a Committee of the whole House.
And it being moved, in order to drop the Bill, "That
a very distant Day may be appointed, for the House
to be put into a Committee thereupon:"
Ordered, That the House be put into a Committee
upon the said Bill, on this Day Six Months.
Treaties with the King of Prussia and Landgrave of Hesse, delivered.
The Earl of Holdernesse, by His Majesty's Command,
presented to the House,
"Copy of a Convention between His Majesty and
the King of Prussia; concluded and signed at London,
the 7th of December 1758;" and Translation.
"Copy of a Treaty, and of a Separate Article belonging thereto, between His Majesty and the Landgrave of Hesse Cassel, concluded and signed at London,
the 17th of January 1759;" and Translations.
And the Titles thereof being read by the Clerk:
Ordered, That the said Copies do lie on the
Table.
Grant against Forbes.
Upon reading the Petition and Appeal of John Grant
Elder of Rothmaise, and John Grant Younger of Rothmaise; complaining of Part of an Interlocutor of the
Lords of Session in Scotland, of the 8th of July 1758;
and likewise of Two Interlocutors of the said Lords, of
the 5th of this Instant January; and praying, "That
the same may be reversed; and that the Appellants
may have such other Relief in the Premises as to this
House shall seem just; and that Thomas Forbes of
Fochabers may be required to answer the said Appeal:"
It is Ordered, That the said Thomas Forbes may
have a Copy of the said Appeal; and do put in his
Answer thereunto, in Writing, on or before Tuesday
the 20th Day of February next; and Service of this
Order upon his known Agent before the Court of Session in Scotland shall be deemed good Service.
Givan against Simpson.
Upon reading the Petition and Appeal of Alexander
Givan; complaining of an Interlocutor of the Lords of
Session in Scotland, of the 17th of January 1758; and
of another Interlocutor of the said Lords, adhering
thereto, of the 2d of March 1758; and also of Two
Interlocutors of the Lord Ordinary, of the 6th of December 1758, and 16th of this Infant January; and
praying, "That the same may be reversed, varied, or
amended; and that the Appellants may have such
Relief in the Premises as to their Lordships shall seem
meet; and that Agnes Simpson may be required to answer the said Appeal:"
It is Ordered, That the said Agnes Simpson may
have a Copy of the said Appeal; and do put in her
Answer thereunto, in Writing, on or before Tuesday
the 20th Day of February next; and Service of this
Order upon her known Procurator or Agent in the
Court of Session in Scotland shall be deemed good Service.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad & in diem
Jovis, vicesimum quintum diem instantis Januarii, hora
undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 25o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Landaven. |
Ds. Custos Magni Sigilli.
Comes Huntingdon.
Comes Denbigh.
Comes Marchmont.
Comes Hertford. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Boyle.
Ds. Hay.
Ds. Sandys. |
PRAYERS.
Sinclair against the E. of Breadalbane.
The Answer of John Earl of Breadalbane, Sir William
Dunbar, Sir William Sinclair, and George Sinclair, to the
Appeal of Francis Sinclair and His Majesty's Advocate
for Scotland, was brought in.
Honington Enclosure, Bill.
The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow,
Pasture, and Waste Grounds, in the Parish of Honington, in the County of Warwick," 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."
Stranbenzee's Nat. Bill.
The Lord Hay reported from the Lords Committees
to whom the Bill, intituled, "An Act for naturalizing Philippus Willem Casimir Van Straubenzee
Esquire," 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."
Ordered, That the said Bill be engrossed.
Wilbraham to take the Name of Bootle, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for continuing, establishing, and confirming, the Surname and Arms of Bootle unto Richard Wilbraham
Bootle Esquire, formerly called Richard Wilbraham,
and Mary Wilbraham Bootle his Wife, and their Issue,
pursuant to the Will of Sir Thomas Bootle Knight, deceased."
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. Lane and Mr. Holford:
To carry down the said Bill, and desire their
Concurrence thereto.
E. of Rothes against Philip.
Upon reading the Petition and Appeal of John Earl
of Rothes; complaining of an Interlocutor of the Lords
of Session in Scotland, of the 14th of December 1758;
and of an Interlocutor of the Lord Ordinary, of the 4th
of January 1759; and praying, "That the same may
be reversed or varied; and that the Appellant may
have such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that
John Philp may be required to answer the said Appeal:"
It is Ordered, That the said John Philp may have
a Copy of the said Appeal; and do put in his Answer
thereunto, in Writing, on or before Thursday the 22d
Day of February next; and Service of this Order upon
his Counsel, Agent, or Agents, before the Court of Session in Scotland, shall be deemed good Service.
Causes removed.
Ordered, That the Cause which stands appointed
for Monday be put off to Wednesday next; and that
the other Causes be removed in Course.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Martis, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.
DIE Martis, 30o Januarii.
Domini præsentes fuerunt:
|
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Glocestrien.
Epus. Cicestrien.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol. |
Ds. Custos Magni Sigilli. |
PRAYERS.
King against Sir E. King:
The House being informed, "That Mr. George Cannon attended, in order to deliver Copies of Papers
and Proceedings relating to a Cause depending in
this House, wherein Henry King Esquire is Appellant, and Sir Edward King Baronet Respondent:"
Pleadings proved.
He was called in, and delivered the same at the Bar;
and attested upon Oath, "They were true Copies, he
having examined them with the Originals in the
proper Offices in Ireland."
And then he withdrew.
Then, in order to proceed to the Abbey Church, Westminster, to solemnize this Day; being appointed, by Act of
Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque ad et in diem
Mercurii, tricesimum primum diem instantis Januarii, hora
undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 31o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol. |
Ds. Custos Magni Sigilli.
Dux Somerset.
Comes Denbigh.
Comes Winchilsea.
Comes Marchmont.
Comes Aylesford.
Comes Hardwicke. |
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Sandys.
Ds. Bruce.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton. |
PRAYERS.
King against Sir Ed. King.
The Answer of Sir Edward King Baronet, to the
Appeal of Henry King, was brought in:
Anderson against Anderson.
As was also, the Answer of James Anderson, to the
Appeal of Robert Anderson Mason in Beith.
Thanks to the Bp. of Bristol for his Sermon.
Ordered, That the Thanks of this House be, and
are hereby, given to the Lord Bishop of Bristol, for
the Sermon by him preached before this House, Yesterday, in the Abbey Church, Westminster; and he is
hereby desired to cause the same to be forthwith printed
and published.
Honington Enclosure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing and enclosing the Open, Arable, Meadow,
Pasture, and Waste Grounds, in the Parish of Honington, in the County of Warwick."
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. Bennett and Mr. Lane:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Straubenzee's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing Philippus Willem Casimir Van Straubenzee
Esquire."
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
the same Messengers:
To carry down the said Bill, and desire their Concurrence thereto.
Mearns & al. against Farquharson & al.
The House being moved, "That Monday the 19th
Day of February next may be appointed, for hearing
the Cause wherein Patrick Mearns and Charles Grant
are Appellants, and James Farquharson and others
are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the 19th Day
of February next, as desired.
Sinclair & al. against E. of Breadalbane.
The House being moved, "That Wednesday the
21st Day of February next may be appointed, for
hearing the Cause wherein Francis Sinclair and His
Majesty's Advocate are Appellants, and John Earl of
Breadalbane and others are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the 21st
Day of February next, as desired.
E. of Blesinton against Monsel & al. et è contra.
A Petition of William Earl of Blesinton, Appellant in
an Original Appeal, to which William Monsell and
George Tuthill and others are Respondents; and of the
said William Monsell and George Tuthill, Appellants in a
Cross Appeal, to which the said Earl of Blesinton and
others are Respondents; which Causes stand appointed
to be heard on Friday next, was presented, and read;
setting forth, "That the Draught of an Agreement
between the Parties is under the Consideration of
Counsel; but, by reason of the late Interruption of
the Correspondence between England and Ireland, by
the Detention of the Mails by contrary Winds, the
same hath not been yet perfected;" and therefore
praying, "That the Hearing of the said Causes may be
put off till Wednesday the 21st Day of March next."
And thereupon the Agents on all Sides were called
in, and heard at the Bar.
And being withdrawn;
Ordered, That the Hearing of the said Causes be
put off till Wednesday the 21st Day of March next,
as desired.
Lostus Home against Rochford & Ux.; and King against King:
The House being informed, "That Mr. Edward
Barry attended, in order to deliver in Copies of Papers
and Proceedings, in Two Causes depending in this
House; in one of which, Nicholas Loftus Hume is Appellant, and George Rochford and his Wife are Respondents; and in the other, Henry King Esquire is
Appellant, and Sir Edward King Baronet is Respondent;"
Pleadings proved.
He was called in, and delivered the same at the Bar;
and attested upon Oath, "That were true Copies, he
having examined them with the Originals, in the
proper Offices in Ireland."
And then he withdrew.
Urquhart to enter into a Recognizance on Grants Appeal.
The House being moved, "That Mr. George Urquhart may be permitted to enter into Recognizance
for John Grant the Elder and John Grant the
Younger, on account of their Appeal depending in
this House; he living in Scotland:"
It is Ordered, That the said George Urquhart may
enter into a Recognizance for the said Appellants, as
desired.
Wilson to enter into a Recognizance on Givan's Appeal.
The House being moved, "That Mr. John Wilson
of Gray's Inn may be permitted to enter into a Recognizance for Alexander Givan, on account of his
Appeal depending in this House; he living in Scotland:"
It is Ordered, That the said John Wilson may
enter into a Recognizance for the said Appellant, as
desired.
His Majesty's Advocate against Bayne & al.
Upon reading the Petition and Appeal of Robert
Dundas of Arniston Esquire, His Majesty's Advocate,
for His Majesty's Interest; complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th
of this Instant January; and praying, "That the same
may be reversed, varied, or altered; and that the
Appellant may have such other Relief in the Premises
as to their Lordships shall seem just; and that Colin
Bayne of Culbo, John Mackenzie of Meddat, Sir
Thomas Calder of Muirtoun, Archibald (fn. 2) Stewart, Catherine Mackenzie, Kenneth (fn. 2) Mackenzie of Langwell,
William Dick of Grange, Hugh Ross Merchant in
London, and William Scot Mason in Pittenween, may
be required to answer the said Appeal:"
It is Ordered, That the said Colin Bayne, John
Mackenzie, Sir Thomas Calder, Archibald (fn. 2) Steuart, Catherine Mackenzie, Kenneth (fn. 2) Mackenzee, William Dick,
Hugh Ross, and William Scot, may have a Copy of the
said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of February next; and Service of
this Order upon any of their Counsel or Agents before
the Court of Session in Scotland shall be deemed good
Service.
Mutiny Bill.
A Message was brought from the House of Commons,
by the Lord Barrington 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.
Littlejohn against Straiton.
After hearing Counsel in Part, in the Cause wherein
Alexander Littlejohn is Appellant, and Arthur Straiton is
Respondent:
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow.
Cooke's Divorce, Bill.
Ordered, That the Second Reading of the Bill,
intituled, "An Act to dissolve the Marriage of John
Cooke Esquire with Susanna Cooper his now Wife,
and to enable him to marry again; and for other
Purposes therein mentioned," and hearing of Counsel
for and against the same, which is appointed for Tomorrow, be put off till Friday next; and that the several Persons, who were ordered to attend as Witnesses
upon the said Second Reading, do then attend.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
primum diem Februarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.