House of Lords Journal Volume 29: January 1760

January 1760

DIE Maritis, 15^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Richardson against Chapman & al.

The Answer of John Chapman Doctor in Divinity, one of the Respondents to the Appeal of William Richardson Doctor in Divinity:

And also, the Answer of Samuel Venner Clerk, another of the Respondents to the Same Appeal:

Were this Day brought in.

Hawtrey against Daniel & al.

As was also, the joint and several Answer of Cassandra Daniel Widow, John Digby Esquire, an Infant, by Simon Digby Esquire his Guardian, Cassandra M^cNaughton, an Infant, by the said Cassandra Daniel her Guardian; Sydnam Snow, and Robert Snow, to the Appeal of the Reverend Ralph Hawtrey Clerk.

Respondents to answer peremptorily to Doctor Richardson's Appeal.

The House was informed, "That James Tunstall, Henry Hall, John Potter, Thomas Tanner, Feremiah Milles, George Sayer, and John Lord Bishop of Lincoln, Respondents to the Appeal of Doctor William Richardson, 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 John Wilson, Agent to Mr. Robinson of the Six Clerks Office, London, 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.

Witnesses to attend on Goodflesh's Divorce Bill.

Ordered, That Mary Cobb, Susanna Roose, Hester Vandersman, Sarah Hopkins, Thomas Harris, Patrick Maquier, and Maria Jones, do attend this House on Tuesday the 22d Day of this Instant January, in order to be examined, as Witnesses, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Mark Goodflesh Gentleman with Elizabeth Fielding his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

Fraser against His Majesty's Advocate.

Upon reading the Petition and Appeal of Captain James Fraser of Belladrum, of the Corps of Highlanders commanded by Major Commandant Robert Murray Keith; complaining of several Interlocutors of the Lords of Session in Scotland, of the 14th of January and 22d of December 1758, the 3d of February and 6th of December 1759; and praying, "That the same may be reversed, altered, or varied; and that this House will give the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that His Majesty's Advocate for Scotland may be required to answer the said Appeal:

It is Ordered, That His Majesty's said Advocate for Scotland may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 12th Day of February next; and Service of this Order upon any of the Procurators or Agents for the Crown in the Court of Session in Scotland shall be deemed good Service.

Hawtrey against Daniel & al.; and Governors, of Stephens's Hospital against Swan & al. Pleadings Proved.

The House being informed, "That Walter Sweetman attended, in order to deliver in Copies of Papers and Proceedings relating to Two Causes depending in this House; in one of Which, Ralph Hawtrey Clerk is Appellant, and Cassandra Daniel and others are Respondents; and in the other, the Governors of Doctor Stephens's Hospital in Dublin and others are Appellants, and Daniel Swan and others are Respondents."

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 was directed to withdraw.

D. of Devon against Wall & al.

Upon reading the Petition of His Majesty's Attorney General, at the Relation of the most Noble William Duke of Devonshire, and the said Duke of Devonshire, Appellants in a Cause depending in this House, which stands appointed to be heard To-morrow; praying, "In regard the Solicitor General, who is One of the Counsel in the said Cause for the Petitioners, not being well, will not be able to attend their Lordships To-morrow, that the said Hearing may be adjourned till Monday next:"

It is Ordered, That the Hearing of the said Cause be put off till Wednesday the 23d Instant.

Foley & al. Pet. for a Bill to settle Thomas's Estates, referred to Judges.

Upon reading the Petition of Robert Foley of Kingham in the County of Oxford Doctor in Divinity, Devisee and sole Executor of the Will of James Thomas Esquire, deceased, Ann Thomas late Wife and now Widow and Relict of the said James Thomas, Mary Thomas Spinster, only surviving Sister and Heir at Law of the said James Thomas, and Thomas Foley of Stoke Edith in the County of Hereford, Esquire, for and on the Behalf of Edward Foley his Second Son, and Insant; praying Leave to bring in a Bill, for establishing and confirming an Agreement therein mentioned, and rendering the same effectual to answer the Intention of the Parties, in such Manner as by their Lordships shall be thought just, Proper, and expedient:

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

Burton & Ux. Pet. referred to Judges.

Upon reading the Petition of Arthur Burton of Wakefield in the County of York Gentleman, and Ann Burton his Wife; praying Leave to bring in a Bill, for Sale of certain Lands and Tenements at Wakefield aforesaid, for paying off Debts and Encumbrances; and for laying out the Residue of the Money arising by such Sale in the Purchase of other Lands, to be settled for the Benefit of the Petitioners and their Issue, in such Manner as to their Lordships shall seem just and reasonable:

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

Adjourn.

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

DIE Jovis, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Forbes against L. Forbes.

The Answer of James Lord Forbes, to the Appeal of Dorothy Lady Dowager Forbes, was brought in.

Barry, Leave to appeal, though out of Time.

Upon reading the Petition of James Barry, a Minor, by Henrietta his Mother and next Friend; setting forth, "That the Decree of the Court of Chancery in Ireland, from which the Petitioner is advised to appeal, was pronounced on the 12th of July last, but, by reason of the Length of the said Decree, the Petitioner was not able to procure a Copy thereof till all his Counsel and all his Agents were obliged to attend the Circuits; from whence they did not return to Dublin till the latter End of October; and, by reason of the extraordinary Length and Number of the Proofs and Pleadings in the Cause, the Petitioner could not get his Papers ready till the Beginning of December last; from which Time the Person employed to bring them over was detained in Dublin by contrary Winds, and did not arrive in London till the 31st of December last;" and therefore praying, "That their Lordships would be pleased to receive his said Appeal, though not presented within the Time prescribed by their Lordships Standing Order:"

It is Ordered, That the said Appeal be received, as desired.

Barry against Wheatly & al.

Upon reading the Petition and Appeal of James Barry, a Minor, by Henrietta Barry his Mother, Guardian, and next Friend; complaining of a Decree of the Court of Chancery in Ireland, of the 12th of July 1759; and praying, "That the same may be reversed; and that Thomas Wheatley and Susanna his Wife, Elizabeth Hodges, Elizabeth Dunscombe, Richard Barry, Richard Townshend, Ann Jeffereys, Sir John Freke Baronet, and Dame Mary his Wife, Lawrence Brodrick and Jane his Wife, John O^cNeil, Brodrick Hartwell, Arthur Hyde Esquire, the Right Honourable Arthur Hill Esquire, Hayes Lord Viscount Doneraile, Piercy Gethin, Mary Countess Dowager of Kildare, Robert Sandford, James Earl of Kildare, the Honourable James Obrien and Mary his Wife, Henry Tom, the Reverend Perkins Croften and Elizabeth his Wife, the Reverend William Bucknor and Bryana his Wife, James Lombard, Richard Uniacke, William Lewis, James Piersy, John Damer Esquire, John St. Leger Esquire, Richard Lloyd, Maurice Wale, and Nicholas Barry, may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Wheatley and the several other Persons above named may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 21st Day of February next; and Service of this Order upon the respective Clerks in Court of the said Respondents shall be deemed good Service.

Turner's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to dissolve the Marriage of Exuperius Turner Esquire with Elizabeth Louisa Minshull his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto; which he would, be ready to report when the House will please to receive the same."

Ordered, That the said Report be received on Tuesday next.

Charteris' Pet. referred to Judges.

Upon reading the Petition of the Honourable Francis Charteris of Amisfield Esquire; praying Leave to bring in a Bill, for Sale of certain Lands in the Parish of Cariden and Sheriffdom of Linlithgow, and Two Houses in the City of Edinburgh, Part of the Petitioner's entailed Estate; and for purchasing other Lands more commodious and contiguous to the principal Part of the said entailed Estate and Seat of the Family, to be settled to the same Uses:

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

Adjourn.

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

DIE Martis, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Turner's Divorce Bill.

The Lord Willoughby of Parham (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to dissolve the Marriage of Exuperius Turner Esquire with Elizabeth Louisa Minshull his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

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

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

E. of Sandwich & al. Leave for a Bill, to qualify for an Office in Ireland:

A Petition of John Earl of Sandwich, Welbore Ellis Esquire, and Robert Nugent Esquire, was presented, and read; praying Leave to bring in a Bill, to enable them to take, in Great Britain, the Oath of Office for the Employments of Vice Treasurer, Receiver General, and Paymaster General, of all His Majesty's Revenues, Prosits, and Casualties whatsoever, in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices.

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

Bill read.

Accordingly, the Lord Sandys presented to the House a Bill, intituled, "An Act to enable John Earl of Sandwich, Wellbore Ellis Esquire, and Robert Nugent Esquire, to take, in Great Britain, the Oath of Office, as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

The said Bill was read the First Time.

Ly. Katherine Pelham against Gregory & al.

Upon reading the Petition and Appeal of the Right Honourable the Lady Katherine Pelham Widow of the Right Honourable Henry Pelham Esquire, and James West Esquire, surviving Executors of the said Henry Pelham, and which said James West is also Administrator of the Goods and Chattels of Thomas Pelham deceased, who was Eldest Son of the said Henry Pelham, unadministered by Richard Arundel Esquire, deceased; complaining of a Decree of the Court of Chancery, pronounced the 4th Day of December last, but not drawn up and entered till this Day; and praying, "That the same may be reversed; and that the Appellants may have such further and other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Susanna Gregory, William Lord Viscount Vane of the Kingdom of Ireland, Henry Earl of Darlington, and Thomas Holles Duke of Newcastle, may be required to answer the said Appeal:"

It is Ordered, That the said Susanna Gregory, William Lord Viscount Vane, Henry Earl of Darlington, and Thomas Holles Duke of Newcastle, 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 5th Day of February next.

Wilson & al. against Bayly & al.; Governors of Dr. Stephens's Hospital against Swan & al.; Hawtrey against Daniel & al.; and Barry against Wheatley & al.; Pleadings proved.

The House being informed, "That George Cannon attended, in order to deliver in Copies of Papers and Proceedings relating to Three Causes depending in this House; in one of which, Mark Wilson Gentleman and others are Appellants, and Thomas Bayly Esquire and others Respondents; in another, the Governors of Doctor Stephens's Hospital in Dublin and others are Appellants, and Daniel Swan Esquire and others are Respondents; and in the Third, Ralph Hawtrey Clerk is Appellant, and Cassandra Daniel and others are Respondents:"

He was called in, and delivered the same are 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 was directed to withdraw.

The House was also informed, "That Walter Sweetman attended, in order to deliver in Copies of Papers and Proceedings relating to a Cause depending in this House, wherein James Barry Esquire is Appellant, and Thomas Wheatley and others are Respondents:"

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 was directed to withdraw.

Goodflesh'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 Mark Goodflesh Gentleman with Elizabeth Fielding 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. Serjeant Whitaker appearing as Counsel for the Bill;

But no Counsel on Behalf of Mrs. Goodflesh against it:

Martin Matthias was called in, to prove Service of the Order for giving her Notice of this Proceeding.

Who, being sworn, acquainted the House, "That on the 4th of December last, he served Mrs. Goodflesh personally with the Order for the Second Reading of the Bill; and at the same Time delivered her a true Copy of the Bill, at her Father's House, in Presence of her Father."

Then he was directed to withdraw.

And the said Bill was read the Second Time.

And Mr. Serjeant Whitaker was heard, in Support of the Bill, and, in order to make out the Allegations there of, called Mathew Feesy Sword-cutler, in order to prove the Marriage.

Who, being sworn, acquainted the House, "That he was present at the Marriage of Mr. Goodflesh with Elizabeth Fielding in December 1751; that they were married at Saint Margaret's Church, Westminster; and that he acted as Father on the Occasion, by giving her in Marriage."

Being asked, "Whether he knows of any Settlement made upon the Marriage?" Says, "He does not know of any Settlement."

Being asked as to Mr. Goodflesh's Profession and Circumstances; says, "Mr. Goodflesh was a Taylor in good Circumstances; he believes he had not left off Business when he married; but has since left off Business, and now lives upon his Fortune."

Being asked, "Whether he knows what Fortune Mr. Goodflesh had with his Wife?" says, "He does not know what Fortune she brought; her Father is a Glazier."

He is directed to withdraw.

Then Susanna Roofe was called, in order to prove the Adultery.

And, being sworn, gave an Account, "That, in the Year 1755, she went to live as a Servant with Mr. and Mrs. Goodflesh, and by that soon came to know Mr. Bernardo Del Campo, who was Secretary to the Spanish Ambassador, by seeing him often at her Master's House, where he used frequently to come to visit her Mistress; and has seen very indecent Familiarities pass between them. That, in the Summer 1756, her Master hired a County House at Richmond, and Mr. Del Campo visited her Mistress there in her Master's Absence, and frequently stayed there all Night; and at such Times always lay in the same Room where her Mistress did; That the Door was locked, and there was but one Bed in the Room: And that, when he has stayed all Night, her Mistress has ordered her to take some of the Bed-cloaths off the Bed; telling her, "Mr. Del Campo did not like to lie so hot." And that, as she used to make the Bed, she could plainly see the Mark of Two Persons having lain in it. That she has been called into the Room in a Morning when her Mistress has been in Bed, and Mr. Del Campo has been in the Room, but not in Bed; and also when Mr. Del Campo has been in Bed, and her Mistress up, but with only an Under-petticoat and a Bed-gown on. That, about Michaelmas 1756, her a Master and Mistress went to live at a House they had taken at Hammersmith, where Mr. Del Campo used to come to visit her Mistress, when her Master lay at his House in Town; and at such Times he stayed all Night, and lay in the same Bed with her Mistress. That she has frequently seen them in Bed together at Hammersmith; and has carried them their Breakfast when in Bed together. That she was once ordered to make some Ground Ivy Tea, which she did, and carried it up, and gave a Bason of it into Mr. Del Campo's Hands when he was in Bed with her Mistress. That, on a Saturday Morning, the 4th of December 1756, her Master (who had lain in Town the Night before) came Home: That she, not being well, was not up; but, upon hearing her Master knock at her Mistres's Bed-room Door, she got up; and as she was going down Stairs, Mr. Del Campo rushed by her down Stairs, from her Mistres's Bed-room, in his Shirt, with no other Cloaths on; saying, "I am caught," or "He has caught me," or Words to that Effect. And soon after, her Master called her into her Mistres's Bed-room, and shewed her the Cloaths he had taken from the Bed-side; which she knew to be the same Cloaths Mr. Del Campo came in the Night before, being a Blue Surrout, a Scarlet Coat with a Gold Cord, and Scarlet Waistcoat and Breeches."

She was directed to withdraw.

Then Mathew Feesy was again called in; and asked, Whether Mr. Goodflesh had any Child by his Wife?" and says, "He never had any Child by her."

He was directed to withdraw.

And the Counsel for the Bill proposing to call in Mr. Skelton, to prove the Sentenced given in the Ecclesiastical Court; he was asked, "Whether he had any other Witness to produce to the Fact of Adultery?" says, He has no other Witness to the direct Fact of the Adultery; but has Witnesses to some Circumstances that will tend to corroborate the Evidence of the former Witness."

And called Thomas Harris, a Gardener at Hammersmith.

Who, being sworn, gave an Account, "That, on a Saturday Morning in the Beginning of December 1756, he met a Man in The Back Lane at Hammersmith, with nothing on but his Shirt; who asked him for some Covering; and that he told him, he had none for him, that he wanted Covering for himself."

He is directed to withdraw.

Then Sarah Hopkins was called.

And, being sworn, gave an Account, "That, on a Saturday Morning in December 1756, she saw a Man in his Shirt run into Mrs. Vandersman's House; that she went in after him; and that they lent him some Cloaths: And that he said, "He was not under much Concern for himself; but his Concern was for the Lady."

She is directed to withdraw.

And Mrs. Maria Jones was called in.

And being sworn, gave an Account, "That she knows Mr. Del Campo as a Servant to the Spanish Ambassador. That, she not having good Health, Mr. Del Campo procured a House for her at Richmond, for the Benefit of the Air, and lent it her (for she paid nothing for it); and that, while she was there, Mrs. Goodflesh and another Woman came to visit her, and staid all Night, and Mr. Del Campo was there at the same Time; but Mrs. Goodflesh and the other Woman lay together, and Mr. Del Campo lay in a Garret."

Being asked, "Whether she knows that Mr. Del Campo has committed Adultery with Mrs. Goodflesh?" says, "She does not; she never saw any Indecencies between them."

She is directed to withdraw.

And William Skelton, Register of the Consistory Court of the Bishop of London, was called in, and sworn; and produced the Original Definitive Sentence of the said Court, of Divorce against Mrs. Goodflesh, for Adultery with the said Bernardo Del Campo, obtained the 8th Day of July 1757.

And the same was read.

And the Evidence being finished; the Counsel was directed to withdraw.

Proposed, "To commit the Bill."

After short Debate;

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

Then it was moved, "That the House be put into a Committee upon the said Bill, on this Day Sevennight."

And the Question being put, upon the said Motion;

It was Resolved in the Affirmative.

Ordered, That the House be put into a Committee upon the said Bill, on this Day Sevennight.

Adjourn.

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

DIE Mercurii, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Hopetoun, Curator of the Marq. of Annandale, Pet. referred to Judges.

Upon reading the Petition of John Earl of Hopetoun, Curator of Law to George Vanden Bempde Marquis of Annandale his Uncle, a Lunatick; praying Leave to bring in a Bill, for granting Feus of certain Houses in the Towns of Moffat and Annan, in the County of Dumfries, belonging to the said Marquis; and for exchanging Part of the Lands of the said Marquis, in and about the said Towns, for other Lands within the said County, more convenient and of equal Value:

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

Turner's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Exuperius Turner Esquire with Elizabeth Louisa Minshull his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Richardson against Chapman & al.

The House being moved, "That Wednesday the 6th Day of February next may be appointed, for hearing the Cause wherein William Richardson Doctor in Divinity is Appellant, and John Chapman Doctor in Divinity and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 6th Day of February next, as desired.

D. of Devon against Wall & al.

After hearing Counsel, in Part, in the Cause wherein His Majesty's Attorney General (for and on Behalf of His Majesty) and William Duke of Devonshire are Appellants, and John Wall and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in precisely at One o'Clock.

Adjourn.

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

DIE Jovis, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Governors of The Charter House, Pet. referred to Judges.

Upon reading the Petition of the Governors of the Lands, Possessions, Revenues, and Goods, of the Hospital of King James, founded in Charterhouse, within the County of Middlesex, at the humble Petition, and only Costs and Charges, of Thomas Sutton Esquire; praying Leave to bring in a Bill, to enable the said Governors and their Successors to grant Building or other Leases of their Estates, in the Prishes of Saint James Clerkenwell and Saint Sepulchre night to the City of London, and in Hackney in the County of Middlesex, in such Manner as to their Lordships shall seem requisite and proper:

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

Freeman & Ux. Pet. referred to Judges.

Upon reading the Petition of John Freeman Esquire and Elizabeth Freeman his Wife, for themselves and on Behalf of Strickland Freeman their Son, an Infant; praying Leave to bring in a Bill, for vesting the Inheritance of certain Estates in the County of Northampton, comprized in their Marriage Settlement, in the Petitioner John Freeman, in Fee Simple; and for settling other Estates in the Counties of Wilts and Middlesex, in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Smythe 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.

Respondent peremptorily to answer Maitland's Appeal.

The House was informed, "That William Gordon, Respondent to the Appeal of Major Arthur Maitland of Pittrichie, 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 George Urquhart of Gray's Inn, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

The House was also informed, "That James Griffith Carroll, Respondent to the Appeal of Eleazer Edwards, 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 Emanuel Bayly of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

D. of Devon against Wall & al.

After hearing Counsel further, in the Cause wherein His Majesty's Attorney General (for and on Behalf of His Majesty) and William Duke of Devonshire are Appellants, and John Wall and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in precisely at One o'Clock.

Palmer, to enter into Recognizance on Barry's Appeal.

The House being moved, "That Mr. John Palmer of The Inner Temple may be permitted to enter into a Recognizance for James Barry, a Minor, by Henrietta Barry his Mother and Guardian, on account of his Appeal depending in this House; the said Henrietta Barry being in Ireland:"

It is Ordered, That the said John Palmer 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 Veneris, vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lethieullier & al. Petition referred to Judges.

Upon reading the Petition of Smart Lethieullier Esquire, Mary Lethieullier Widow, and the Right Honourable Lady Margaret Compton; and which said Smart Lethieullier, Mary Lethieullier, and Lady Margaret Compton, are the Guardians of Mary Lethieullier Spinster, an Infant, the only Child and Heir of the Body of Charles Lethieullier Esquire, her late Father, deceased; praying Leave to bring in a Bill for Sale of certain Estates in the County of Essex, comprized in the Marriage Settlement therein mentioned, and for laying out the Money arising by such Sale in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to so many of the Uses limited by the said Settlement as are now subsisting:

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

Bp. of Gloucester to preach the 30th Instant.

Ordered, That the Lord Bishop of Gloucester be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Wednesday the 30th Day of this Instant January.

D. of Devon against Wall & al.

After hearing Counsel further, in the Cause wherein His Majesty's Attorney General (for and on Behalf of His Majesty) and William Duke of Devonshire are Appellants, and John Wall and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Tuesday next; and that the Counsel be called in precisely at One o'Clock.

Adjourn.

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

DIE Martis, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Maitland against Gordon.

The Answer of William Gordon, Trustee of Catherine and Ann Maitland, to the Petition and Appeal of Major Arthur Maitland of Pittrichie:

Edwards against Carroll.

And also, the Answer of James Griffith Carroll Esquire, to the Appeal of Eleazer Edwards Merchant;

Were this Day brought in.

Fulton & al. Magistrates of Paisly against Murray.

Upon reading the Petition and Appeal of Robert Fulton Senior, John Smith, and Charles Maxwell, Merchants, and present Baillies of the Town of Paisley, for themselves and on Behalf of the Town Council and Community of the said Borough and Inhabitants of the same; complaining of an Interlocutor of the Lords of Session in Scotland, of the 28th of July 1759; and of another Interlocutor of the said Lords, adhering thereto, of the 9th of this Instant January; and praying, "That the same may be reversed, varied, or altered; and that John Murray of Broughton may be required to answer the said Appeal; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet:"

It is Ordered, That the said John Murray may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 26th Day of February next; and Service of this Order upon any of his Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

Lady Forbes against Lord Forbes.

The House being moved, "That Friday the 15th Day of February next may be appointed, for hearing the Cause wherein Dorothea Dale Lady Dowager of Forbes is Appellant, and James Lord Forbes Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 15th Day of February next, as desired.

Goodflesh's Divorce, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act to dissolve the Marriage of Mark Goodflesh Gentleman with Elizabeth Fielding his now Wife; and to enable him to marry again; and for other Purposes therein mentioned:"

Ordered, That the House be put into a Committee on the said Bill, on this Day Sevennight.

Eight Millions, to raise by Annuities and a Lottery, Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty several Duties upon Malt; and for raising the Sum of Eight Millions, by Way of Annuities and a Lottery, to be charged on the said Duties; and to prevent the fraudulent obtaining of Allowances in the gauging of Corn making into Malt; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

D. of Devon against Wall & al.

After hearing Counsel further in the Cause wherein His Majesty's Attorney General (for and on Behalf of His Majesty) and William Duke of Devonshire are Appellants, and John Wall and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Thursday next; and that the Counsel be called in precisely at One o'Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 30^o Januarii.

Domini præsentes fuerunt:

PRAYERS.

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 Jovis, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bp. of Gloucester, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Gloucester, 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.

Woodhall Moor, Leave for a Bill to enclose.

Upon reading the Petition of the Lord of the Manor of Harthill with Woodhall, in the County of York; and also of the Freeholders, Owners, and Proprietors, of a Common or Moor, called or known by the Name of Woodhall Moor, Parcel of the said Manor, whose Names are thereunto subscribed; praying Leave to bring in a Bill, for enclosing and dividing the said Common or Moor, 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.

E. of Sandwich & al. to qualify for an Office in Ireland, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Earl of Sandwich, Welbore Ellis Esquire, and Robert Nugent Esquire, to take in Great Britain the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

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

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

Eight Millions to raise by Annuities and a Lottery, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Duties upon Malt; and for raising the Sum of Eight Millions, by Way of Annuities and a Lottery, to be charged on the said Duties; and to prevent the fraudulent obtaining of Allowances in the gauging of Corn making into Malt; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed."

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

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

Richardson against Chapman.

A Petition of John Chapman Doctor in Divinity and others, Respondents in a Cause depending in this House, wherein William Richardson Doctor in Divinity is Appellant, was presented, and read; praying, "In regard that, by reason of the great Length of the Proceedings, the Petitioners cannot be able to instruct their Counsel, and to settle and print their Case by Wednesday next, which is the Day appointed for hearing this Cause; that the said Hearing may be put off for a Week, or such other Time as their Lordships shall please to appoint; the Apellant's Agent having signified his Consent, by signing the said Petition."

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 Monday the 18th Day of February next.

D. of Devon against Wall & al.

After hearing Counsel further, in the Cause wherein His Majesty's Attorney General (for and on Behalf of His Majesty) and William Duke of Devonshire are Appellants, and John Wall and others 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 et in diem Veneris, primum diem Februarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.