House of Lords Journal Volume 29: March 1758, 11-20

March 1758, 11-20

DIE Lunæ, 13^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Monsell & al. against E. of Blefinton.

The Answer of William Earl of Blesinton in the Kingdom of Ireland, One of the Respondents to the Cross Appeal of William Monsell and George Tuthill, was brought in.

Publick Bridges in Devonshire, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for the more easy and speedy repairing of publick Bridges within the County of Devon," 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."

Tiverton Roads, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending several Roads leading from the Town of Tiverton, in the County of Devon," was committed: That they had considered the 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."

Great Glen Enclosure, Bill:

Hodie 3^a vice lecta est Billa, 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 and Waste Grounds within the same Fields."

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. Holford:

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

Dover Harbour, Bill.

A Message was brought from the House of Commons, by the Lord George Sackville and others:

With a Bill, intituled, "An Act for enlarging the Terms and Powers granted and continued by several Acts of Parliament, for repairing the Harbour of Dover, in the County of Kent;" to which they desire the Concurrence of this House.

Commissioners for Land Tax, Bill.

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

With a Bill, intituled, "An Act for appointing Commissioners for putting in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-eight, and for enforcing the Payment of the Rates to be assessed upon Somerset House in The Strand; and for rectifying a Mistake in the said Act; and for allowing further Time to the Receivers of certain Aids for setting Insuper for Monies in Arrear;" to which they desire the Concurrence of this House.

Brent Bridge to Plymouth Road, Bill.

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

With a Bill, intituled, "An Act for repairing the High Road leading from Brent Bridge in the County of Devon, to Gasking Gate, in or near the Borough of Plymouth, in the said County;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Bermondsey Poor Paper Bill brought from H. C. with the engrossed Bill within it, without any Tiale:

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

With a Bill for ascertaining and collecting the Poors Rates, and for better regulating the Poor in the Parish of Saint Mary Magdalen Bermondsey, in the County of Surrey; to which they desire the Concurrence of this House.

And the Lord Keeper, upon Report of the Message, acquainting the House, "That the Bill delivered by Mr. Hammond was a Paper Bill, enclosing within it an engrossed Bill, without any Title engrossed thereon:"

Resurned to the Common:

A Message was sent to the House of Commons, by the former Messengers:

To return the said Bill; the same being brought to their Lordships without any Title engrossed thereon, and without the usual Words, importing a Direction for sending the said Bill from that House to their Lordships.

Littlejohn against Session.

Upon reading the Petition and Appeal of Alexander Littlejohn of Woodston Esquire; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 23d of December 1757; and of an Interlocutor of the said Lords, adhering thereto, of the 17th of February 1758; and praying, "That the same may be reversed or varied; and that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Arthur Straton of Kirkside may be required to answer the said Appeal:"

It is Ordered, That the said Arthur Straton may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 11th Day of April next; and Service of this Order upon his Agent or Procurator in the Court below shall be deemed good Service.

Papers from the Admiralty to be brought.

Ordered, That the Commissioners for executing the Office of Lord High Admiral of Great Britain, do lay before this House, the printed Regulations and Instructions relating to His Majesty's Service at Sea, established by the King in Council; and also, a Copy of the Memorial presented to His Majesty, for the better Payment of the Sea Officers; together with a Copy of His Majesty's Order in Council made thereupon.

Message to H. C. for Members to attend upon the 2d Reading of the Seamens Bill:

Ordered, That a Message be sent to the House of Commons, to desire "That they will give Leave that Doctor George Hay, Thomas Orby Hunter Esquire, Gilbert Elliot Esquire, and Hans Stanley Esquire, Members of that House, may attend this House on Thursday next, in order to be examined, upon the Second Reading of the 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."

Commons will send an Answer, for the Attendance of Mr. G. Grenvile, by Messengers of their own.

The Messengers sent to the House of Commons, to desire "That they would give Leave, that the Right Honourable George Greenville Esquire may attend this House, in order to be examined, upon the Second Reading of the said Bill, acquainted the House, That they had de livered their Lordships said Message; and that the Commons will send an Answer by Messengers of their own."

His Majesty's Advocate & al. against D. Montrose & al.

After hearing Counsel in Part, in the Cause wherein His Majesty's Advocate and others are Appellants, and the Duke of Montrose and others are Respondents:

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

Witnesses to attend the Committee on Ly. Ferrers's Petition.

Ordered, That Christopher Burrow Esquire, Richard Ireland Esquire, Robert Garnett Gentleman, and William Hodson, do attend the Lords Committees to whom the Petition of Mary Countess Ferrers is referred, To-morrow Morning, at Ten of the Clock, in order to be examined as Witnesses, in relation to the said Petition.

Message to H. C. for more Members to attend upon the Seamens Wages, Bill:

Ordered, That a Message be sent to the House of Commons, to desire "That they will give Leave that Isaac Townshend Esquire, Thomas Griffin Esquire, Thomas Frankland Esquire, and the Right Honourable Harry Pawlett Esquire, commonly called Lord Harry Pawlett, Members of that House, may attend this House on Thursday next, in order to be examined upon the Second Reading of the 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."

More Persons to attend, on the Seamens Wages Bill.

Ordered, That Mr. Edmund Mason Chief Clerk in the Comptroller of the Navy's Office, and Mr. Richard Horn One of the Chief Clerks in the Comptroller of the Treasurer's Accompts Office, do attend this House on Thursday next, in order to be examined upon the Second Reading of the said Bill.

Adjourn.

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

DIE Martis, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Blesinton against Williams.

The Answer of John Williams Esquire, surviving Executor of Charles late Lord Viscount Blesinton in the Kingdom of Ireland, deceased, to the Appeal of William Earl of Blesinton, was brought in:

Monsell & al. against Williams.

As was also, the Answer of the said John Williams, to the Cross Appeal of William Monsell Esquire and George Tuthill Gentleman.

Woodstock Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-fourth Year of His present Majesty's Reign, for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing and amending the several Roads leading from Woodstock, through Kiddington and Enstone, to Rollright Lane, and Enslow Bridge, to Kiddington aforesaid; and for making the said Act more effectual."

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

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.

Embden Company, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act to enable George Amyand and John Anthony Rucker of London Merchants, Agents for the Embden East India Company, to sell and dispose of the Cargo of the Ship The Prince Ferdinand of Prussia, to the United Company of Merchants of England trading to The East Indies; and to enable the said United Company to purchase, land, sell, and dispose of the same, or any Part thereof; and to empower the said George Amyand and John Anthony Rucker to make Insurances upon the said Ship and Cargo," 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."

Commons will send an Answer to the Message for Attendance of some of their Members by Messengers of their own.

The Messengers sent to the House of Commons, to desire, "That they would give Leave, that Doctor George Hay, Thomas Orby Hunter Esquire, Gilbert Elliot Esquire, and Hans Stanley Esquire, may attend this House on Thursday next, in order to be examined upon the 2d Reading of the 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," acquainted the House, "That they had delivered their Lordships Message; and that the Commons will send an Answer by Messengers of their own."

Bermondsey Poor Bill.

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

With a Bill, intituled, "An Act for ascertaining and collecting the Poors Rates, and for better regulating the Poor, in the Parish of Saint Mary Magdalen Bermondsey, in the County of Surry;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

His Majesty's Advocate & al. against D. Montrose & al.

After hearing Counsel further, in the Cause wherein His Majesty's Advocate for Scotland and others are Appellants, and the Duke of Montrose and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause which stands for To-morrow be put off to the 3d Causeday after the Recess at Easter; and that the other Causes be removed in Course.

Cirencester Road, Bill.

Ordered, That the 3d Reading of 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 Tollfree; 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," and hearing of Counsel for and against the same, which is appointed for To-morrow, be put off till Tuesday next; and the Lords to be summoned.

Commons will send an Answer to the Message for the Attendance of some of their Members, by Messengers of their own.

The Messengers sent to the House of Commons, to desire, "That they would give Leave that Isacc Townshend Esquire, Thomas Griffin Esquire, Thomas Frankland, and the Right Honourable Harry Pawlett Esquires, commonly called Lord Harry Pawlett, may attend this House on Thursday next, in order to be examined upon the Second Reading of the 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," acquainted the House, "That they had delivered their Lordships said Message; and that the Commons will send an Answer by Messengers of their own."

Dover Harbour, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted and continued by several Acts of Parliament, for repairing the Harbour of Dover, in the County of Kent."

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

Commissioners for the Land Tax, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners for putting in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fiftyeight; and for enforcing the Payment of the Rates to be assessed upon Somerset House in The Strand; and for rectifying a Mistake in the said Act; and for allowing further Time to the Receivers of certain Aids for setting Insuper for Monies in Arrear."

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, To-morrow.

Brent Bridge to Plymouth, Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from Brent Bridge in the County of Devon, to Gasking Gate in or near the Borough of Plymouth, in the said County."

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 the same Day, at the same Place; and to adjourn as they please.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. G. Lenox & al. Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, 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," 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.

Brentford Bridge, Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act to amend an Act passed in the last Session of Parliament, intituled, "An Act for building a Bridge or Bridges cross the River of Thames, from a certain Place in Old Brentford in the Parish of Ealing in the County of Middlesex, known by the Name of Smith or Smith's Hill, to the opposite Shore in the County of Surrey," 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."

Donington High Bridge, Road Bill.

The Earl of Marchmont likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from Donington High Bridge to Hale Drove, and to the Eighth Mile Stone in the Parish of Wigtoft, and to Langret Ferry, in the County of Lincoln," 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."

Papers from the Admiralty delivered.

The House being informed, "That Mr. Stevens, from the Commissioners of the Admiralty, attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of this House of the 13th Instant, a printed Book, intituled,

"Regulations and Instructions relating to His Majesty's Service at Sea, established by His Majesty in Council."

Also, "A Copy of the Memorial presented to His Majesty, for the better Payment of Sea Officers."

And also, "A Copy of His Majesty's Order in Council, for the better Payment of Sea Officers."

And the Titles thereof being read by the Clerk:

Ordered, That the said Book and Papers do lie on the Table.

Bermondsey Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for ascertaining and collecting the Poors Rates, and for better regulating the Poor, in the Parish of Saint Mary Magdalen Bermondsey, in the County of Surry."

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

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

Commissioners for the Land Tax, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for appointing Commissioners for putting in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-eight; and for enforcing the Payment of the Rates to be assessed upon Somerset House in The Strand, and for rectifying a Mistake in the said Act; and for allowing further Time to the Receivers of certain Aids for setting Insuper for Monies in Arrear."

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 directed him to report the same to the House, without any Amendment."

His Majesty's Advocate & al. against D. Montrose & al.: Heretors of Drymen.

After hearing Counsel, as well on Monday last and Yesterday as this Day, upon the Petition and Appeal of Robert Dundas of Arniston Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, and of Neil Campbell Principal, William Leisham Professor of Divinity, Thomas Craigie and Robert Dick Professors of Philosophy, James Moor Professor of Greek, William Rowat Professor of Oriental Languages, George Ross Professor of Humanity, Hercules Lindsay Professor of Law, John Johnston Professor of Medicine, Robert Simpson Professor of Mathematicks, William Anderson Professor of Church History, and Robert Hamilton Professor of Anatomy and Botany, all of the College of Glasgow, and Duncan Mackfarlane Minister of the Gospel at Drymen; complaining of an Interlocutor of the Lords of Session in Scotland, of the 2d of February 1757; and praying, "That the same might be reversed or varied, and such other Relief given the Appellants as to this House should seem just:" As also upon the Answer of William Duke of Montrose, James Stewart of Finnick, Archibald Buchannan of Drummichill, William Govanes Elder and Younger of Drumquhassill, John Gow, John Graham, and James M^cGowan Portioners of Drumquhassill, Dougal Buchannan of Craigievern, George Leny Writer in Grachill Factor appointed by the Court of Session on the Estate of Cremannan, in Name, and for the Behoof, of James Buchannan of Cremannan, and the Creditors on said Estate, Archibald Buchannan of Balfrenning, Patrick Neilson, Heretor within the Parish of Drymen, William Cunningham of Bandalloch, Thomas Graham of Duchry, John Macklachlan of Greenhill, Nichol Grahame of Gartmore, William Craig of Dalnair, Alexander Buchannan of Gartharran, James Buchannan of Cartinstary, John Buchannan of Glens, Elizabeth Buchannan Relict of Walter Lechie of Mye, Archibald Buchannan Portioner of Cameron Logan, Patrick Graham of Badievow, Thomas Buchannan of Gartwhannan, William Gardner of Wester Balfunning, John Cunningham of Conochra, William Buchannan of Duchlage, Thomas, Stephen, and James M^cIlquham Portioners of Wester Finnick Tennant, John Stirling of Herbertshire, Alexander M^cAlister, Alexander Din, and Alexander M^cAlister Portioners of Kepdouries, all Heretors of the Parish of Drymen, and Proprietors of Lands lying within the said Parish of Drymen, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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 Interlocutor therein complained of be, and the same is hereby, affirmed.

D. of Queensberry, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Duke of Queensberry and Dover; 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 1^a vice lecta est Billa, intituled, "An Act for confirming a Contract of Lease of Mines between Charles Duke of Queensberry and Dover of the one Part, and Ronald Crawfurd, James Crawfurd, and Daniel Telfer, of the other Part; and for enabling the said Duke and his Heirs of Entail to grant Leases in Terms of the said Contract."

Message from H. C. to return Woollett's Bill.

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Cirencester Road, Bill: 3d Reading put off.

Ordered, That the 3d Reading of the Bill, intituled, "An Act for repealing so much of the Act of the Fifteenth Year of His present Majesty, for enlarging the Terms 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;" and hearing of Counsel for and against the same, which is appointed for Tuesday next, be put off till Wednesday next; and the Lords to be summoned.

Persons who have neglected to qualify for Offices to indemnify, Bill.

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

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace and others, who have omitted to register their Qualifications within the Time limited by Law; and for giving further Time for those Purposes, and the filing of Affidavits of Articles of Clerkship;" to which they desire the Concurrence of this House.

Embden Company, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable George Amyand and John Anthony Rucker of London Merchants, Agents for the Embden East India Company, to sell and dispose of the Cargo of the Ship The Prince Ferdinand of Prussia, to the United Company of Merchants of England trading to The East Indies; and to enable the said United Company to purchase, land, sell, and dispose of the same, or any Part thereof; and to empower the said George Amyand and John Anthony Rucker to make Insurances upon the said Ship and Cargo."

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

It was Resolved in the Affirmative.

Publick Bridges in Devonshire, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy and speedy repairing of publick Bridges, within the County of Devon."

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

It was Resolved in the Affirmative.

Tiverton Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending several Roads leading from the Town of Tiverton in the County of Devon."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Burroughs and Mr. Holford:

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

Message from H. C. touching the Lords Message for the Attendance of some of their Members on the Seamens Wages Bill:

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

"That the Commons, not being sufficiently informed by the Message from their Lordships of the 13th and 14th Instant, upon what Grounds, or for what Purposes, their Lordships did desire that the Commons would give Leave to such of their Members as are named in the said Message to go to the House of Lords, in order to be examined upon the Second Reading of the 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," do desire their Lordships to inform them of the same."

Message to them in Answer to it.

Then it was proposed, "That a Message be sent to the House of Commons, to acquaint them, that their Lordships desired the Attendance of the Right Honourable George Grenville Esquire Treasurer of the Navy, Doctor George Hay, Thomas Orby Hunter Esquire, Gilbert Elliot Esquire, and Hans Stanley Esquire, Four of the Commissioners for executing the Office of Lord High Admiral of Great Britain, Isaac Townshend Esquire, Thomas Griffin Esquire, Thomas Frankland Esquire, and the Right Honourable Harry Pawlett Esquire, commonly called Lord Harry Pawlett, Admirals of His Majesty's Fleet, in order to their being examined as Witnesses upon the Second Reading of the said Bill."

After Debate;

It was moved, "That the Words ["as Witnesses"], be left out of the said Message."

Which being objected to:

The Question was put, "Whether the Words ["as Witnesses"], shall stand Part of the said Message?"

It was Resolved in the Affirmative.

Accordingly, a Message was sent to the House of Commons, by Mr. Burroughs and Mr. Holford:

To acquaint them, "That their Lordships desired the Attendance of the Right Honourable George Grenville Esquire Treasurer of the Navy, Doctor George Hay, Thomas Orby Hunter Esquire, Gilbert Elliot Esquire, and Hans Stanley Esquire, Four of the Commissioners for executing the Office of Lord High Admiral of Great Britain, Isaac Townshend Esquire, Thomas Griffin Esquire, Thomas Frankland Esquire, and the Right Honourable Harry Pawlett Esquire, commonly called Lord Harry Pawlett, Admirals of His Majesty's Fleet, in order to their being examined as Witnesses upon the 2d Reading of the said Bill."

Adjourn.

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

DIE Jovis, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rectors of Eight of the New Churches. S. S. Annuities to be transserred to, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for transferring certain South Sea Annuities, standing in the Name of the late Treasurer to the Commissioners for building Fifty New Churches, unto the respective Rectors of Eight of those Churches; and for vesting certain Scites for Churches purchased by the said Commissioners in Trustees, in order to sell the same, for the Purposes therein 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."

Stephenson against Heathcote & al.

Upon reading the Petition and Appeal of Anthony Stephenson and Constance his Wife; complaining of a Decree of the Court of Chancery, of the 8th Day of February 1758; and praying, "That the same may be reversed, varied, or rectified; and that Samuel Heathcote and Elizabeth his Wife, and Samuel Harpur Heathcote, 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 Samuel Heathcote and Elizabeth his Wife, and Samuel Harpur Heathcote, 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 30th Day of this Instant March.

Donington High Bridge Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Donington High Bridge to Hale Drove, and to the Eighth Mile Stone in the Parish of Wigtoft, and to Langret Ferry in the County of Lincoln."

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. Holford:

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

Ld. G. Lenex & al. Bill:

Hodie 3^a 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."

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.

Commissioners for the Land Tax, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for appointing Commissioners for putting in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-eight; and for enforcing the Payment of the Rates to be assessed upon Somerset House in The Strand; and for rectifying a Mistake in the said Act; and for allowing further Time to the Receivers of certain Aids for setting Insuper for Monies in Arrear."

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 the same Messengers:

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

Woodstock Road, Bill.

The Earl of Litchfield reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-fourth Year of His present Majesty's Reign, for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing and amending the several Roads leading from Woodstock, through Kiddington and Enstone, to Rollright Lane, and Enslow Bridge, to Kiddington aforesaid, and for making the said Act more effectual," 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."

Brentford Bridge, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the last Session of Parliament, intituled, "An Act for building a Bridge, or Bridges, cross the River of Thames, from a certain Place in Old Brentford in the Parish of Ealing in the County of Middlesex, known by the Name of Smith or Smith's Hill, to the opposite Shore in the County of Surry."

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 the former Messengers:

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

Papers from the Navy-office delivered.

The House being informed, "That Mr. Cockburne, Comptroller of the Navy, attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of this House of the 10th Instant,

"An Account, shewing the Number of Men who have deserted from His Majesty's Ships, between the 1st of January 1755, and 31st of December 1757; distinguishing how many of them had above Twelve Months Pay due, how many had from Six to Twelve Months, and how many under Six Months Pay due."

And also, "An Account, shewing the Number of Men who have deserted from His Majesty's Ships, for the Three Years preceding the Alteration of the Method of Prompt Payment, and for Three Years immediately ensuing the said Alteration; together with an Account of the Number of Men borne and mustered in His Majesty's Service for the said Three Years, upon a Medium."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

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

Commons will send an Answer for the Attendance of their Members by Messengers of their own:

The Messengers sent to the House of Commons, to acquaint them, "That their Lordships desired the Attendance of the several Members of that House mentioned in their Lordships former Messages, in order to their being examined as Witnesses upon the Second Reading of the 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," acquainted the House, "That they had delivered their Lordships said Message; and that the Commons will send an Answer by Messengers of their own."

Leave given for the Members to attend.

A Message was brought from the House of Commons, by Sir John Phillips and others:

To acquaint the House, "That they have given Leave to the Right Honourable George Grenville Esquire, Doctor George Hay, Thomas Orby Hunter Esquire, Gilbert Elliot Esquire, Hans Stanley Esquire, Isaac Townshend Esquire, Thomas Griffin Esquire, Thomas Frankland Esquire, and the Right Honourable Harry Pawlett Esquire, commonly called Lord Harry Pawlett, to go to their Lordships, as is desired, if the said Members think fit."

Seamens Wages, Bill.

The Order of the Day being read, for the Second Reading of the 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;" and for the Attendance of several Persons, in order to be examined in relation thereto.

The said Bill was accordingly read a 2d Time.

The Act of the First Year of His present Majesty's Reign, for granting an Aid to His Majesty of Five Hundred Thousand Pounds, towards discharging Wages due to Seamen; and for the constant, regular, and punctual Payment of Seamens Wages for the future, was read.

The Act of the First Year of His present Majesty's Reign, for encouraging Seamen to enter into His Majesty's Service, was also read.

Naval Instructions, relating to the Execution of the said Two Acts, read.

Copy of an Order from the Lords Commissioners of the Admiralty to the Navy Board, dated the 18th of June 1757, for Payment of Wages to the Companies of all His Majesty's Ships and Vessels in Commission, up to the 30th of June 1756, read.

Copy of a Letter from the Commissioners of the Navy to Mr. Cleveland, dated the 16th of May 1757, relating to a Bill under Consideration of the House of Lords in the last Session, for establishing a regular Method for the Payment of Seamens Wages, and other Purposes, read.

Copy of a Letter from the Commissioners of the Navy, to Mr. Cleveland, dated the 4th of July 1757, read.

Copy of the Heads of a Bill prepared by the Commissioners of the Navy, to enable Seamen, serving in His Majesty's Navy, to remit the Whole or Part of their Pay to their Wives or Families, enclosed in the said Letter, also read.

An Account, shewing the Number of Men who have deserted from His Majesty's Ships, between the 31st of January 1755, and 31st of December 1757, distinguishing how many of them had above Twelve Months Pay due, how many had from Six to Twelve Months, and how many under Six Months Pay due, read.

An Account, shewing the Number of Men who have deserted from His Majesty's Ships, for the Three Years preceding the Alteration of the Method of Prompt Payment, and for Three Years immediately ensuing the said Alteration; together with an Account of the Number of Men borne and mustered in His Majesty's Service, for the said Years, upon a Medium, read.

Copy of the Memorial presented to His Majesty, for the better Payment of Sea Officers, 10th April 1747, read.

Copy of His Majesty's Order in Council made thereupon, 3d June 1747, read.

Then Doctor George Hay, Thomas Orby Hunter, Gilbert Elliot, Hans Stanley, and John Forbes, Esquires, Commissioners of the Admiralty, were called in; and, being sworn, were examined, whether any ill Consequences have arisen, in Point of Desertion, from the Order of the Admiralty, of the 18th June 1757, for Payment of the Seamens Wages, up to the 30th of June 1756; and also as to the Practice of the Admiralty in issuing Orders for Payment of Seamens Wages since that Time; and whether that Part of the Act of the First of His present Majesty, directing Two Months, Pay when Six Months are due, and Twelve Months Pay when Eighteen Months are due, has been complied with; and also as to any Complaints of Hardships upon the Seamen from Extortion, and Frauds and Abuses in issuing and purchasing of Seamens Tickets, and other Matters.

And then they were directed to withdraw.

Then George Grenville Esquire Treasurer of the Navy, and the other Commissioners of the Navy; videlicet, George Cockburne, Thomas Slade, William Bately, Daniel Devert, Richard Hall, Robert Osborn, George Adams, William Bateman, Digby Dent, and Timothy Brett, Esquires, were called in, and sworn.

And the Treasurer of the Navy was examined, as to his Knowledge of any Frauds and Abuses in issuing or purchasing of Seamens Tickets, and as to any Application made for enabling Seamen to remit Money from Abroad, for Support of their Wives and Families, or any Facts that can shew that the speedy Payment of Seamens Wages may tend to cause Desertion; and also as to Inconveniencies arising from bearing Men Supernumeraries; and the Practice of turning Men Supernumeraries over to other Ships as Supernumeraries; and also as to Hardships upon Seamen from Fees in the Ecclesiastical Courts, for granting Administration, and the Fees of Receivers and Clerks in the Execution of the Payments of the Navy, and other Matters.

Then Mr. Cockburne Comptroller of the Navy was examined, whether the Gentlemen of the Navy were consulted upon this Bill, previous to the bringing it into Parliament; and said, "That they were not; nor ever saw the Bill, till they received a printed Copy of it, together with the Order of this House for their Attendance, in order to be examined upon the Second Reading thereof; and that, upon receiving their Lordships Order, the Gentlemen of the Navy Board met, to consider of the Bill, and made their Observations upon several of the Clauses, which were put into Writing, and signed by all the Gentlemen of the Board (except Mr. Grenville Treasurer of the Navy)."

And he was permitted to make Use of the said written Paper, to assist his Memory.

And then he was further examined, whether he, or the Gentlemen of the Navy Board, had made any Calculation, or formed any Opinion, of what Sum of Money, may be necessary to be set apart for Seamens Wages, in order to carry the Provisions and Regulations of this Bill into Execution, if it should pass into a Law; and also as to the Manner of Calculation, in making up the estimated Accompt of the Debt of the Navy.

Then Mr. Brett was examined also, whether he had made any Calculation, or formed any Opinion, of what Money may be necessary for carrying the Regulations of this Bill into Execution, in Case it should pass into a Law; and also as to the Manner of Calculation in making up the estimated Accompt of the Navy Debt, and to some Items in the said Accompt upon the Head of Seamens Wages.

Then they were directed to withdraw.

And it was moved, "That the further Consideration of the said Bill, and the Examination of Witnesses in relation thereto, be adjourned till To-morrow."

And it being also moved, "That the further Consideration be adjourned till Monday next."

The Question was put, upon the First Motion.

It was Resolved in the Affirmative.

Ordered, That the further Consideration of the said Bill, and Examination of Witnesses in relation thereto, be adjourned till To-morrow; and the Lords to be summoned; and that the several Persons who were ordered to attend upon this Day, to be examined in relation thereto (except the Commissioners of the Admiralty) do then attend again.

Adjourn.

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

DIE Veneris, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dover Harbour, Bill.

The Earl of Hardwicke reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Terms and Powers granted and continued by several Acts of Parliament, for repairing the Harbour of Dover, in the County of Kent," 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."

Brent Bridge to Plymouth, Road Bill:

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the High Road leading from Brent Bridge in the County of Devon, to Gasking Gate, in or near the Borough of Plimouth in the said County," 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."

Woodstock Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twenty-fourth Year of His present Majesty's Reign, for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing and amending the several Roads leading from Woodstock, through Kiddington and Enstone, to Rollright Lane, and Enslow Bridge, to Kiddington aforesaid, and for making the said Act more effectual."

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

It was Resolved in the Affirmative.

Rectors of Eight new Churches, South Sea Annuities to be transferred to Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for transferring certain South Sea Annuities standing in the Name of the late Treasurer, to the Commissioners for building Fifty new Churches unto the respective Rectors of Eight of those Churches; and for vesting certain Scites for Churches, purchased by the said Commissioners, in Trustees, in order to sell the same, for the Purposes therein mentioned."

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 the Two preceding Bills.

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

To acquaint them, that the Lords have agreed to the said Bills, without any Amendments.

Respondents peremptorily to answer the Cross Appeal of Monsell, & al.

The House was informed, "That Arthur Hill, James Lord Tyrawley, and Mary Lady Tyrawley his Wife, Three of the Respondents to the Cross Appeal of William Monsell and George Tuthill, had not put in their Answer to the said Cross Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Samuel Cecill of the City of Dublin, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Cross Appeal, peremptorily, within a Week.

Irish Tallow Bill.

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

With a Bill, intituled, "An Act to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland;" to which they desire the Concurrence of this House.

D. of Queensberry's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming a Contract of Lease of Mines, between Charles Duke of Queensberry and Dover of the one Part, and Ronald Crawfurd, James Crawfurd, and Daniel Telfer, of the other Part; and for enabling the said Duke and his Heirs of Entail to grant Leases in Terms of the said Contract."

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

Their Lordships, or any Five of them; to meet on Saturday the 1st Day of April next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Irish Tallow Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland."

Ordered, That the said Bill be read a Second Time on the First Thursday after the Recess at Easter; and the Lords to be summoned.

Ordered, That the said Bill be printed.

Some of the Commissioners of the Navy discharged from further Attendance.

The House being moved, "In regard the publick Service may necessarily require the Attendance of some of the Commissioners of the Navy in their respective Departments, that they may be discharged from their Attendance upon this House:"

Ordered, That the several Commissioners of the Navy, who were ordered to attend this House, be discharged from any further Attendance, except Mr. Cockburne, Mr. Devert, Mr. Osborn, and Mr. Brett.

Seamens Wages, Bill.

The Order of the Day being read, for the further Consideration of the 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; and for the Attendance of several Persons, in order to their being examined in relation thereto:"

The House was informed, "That the several Clerks who made up the Accounts of the Number of Deserters from His Majesty's Ships, in the several Years from 1725 to 1755 (both inclusive), which were mentioned by the Treasurer of the Navy, in his Examination Yesterday, to have been made by his Direction, were attending without, with the said Accounts."

And it being moved, "That the said Clerks may be called in, to verify the said Accounts; and that the same may be brought up to the Table:"

James Hubbald, Francis Cooke, Thomas Parr, John Fennel, John Swaffield, and John Newman Cousemaker, were called in, and examined upon Oath, as to their Manner of Computation in making up the said Accounts, and from what Books the same were made up.

And then they were directed to withdraw.

And the said Accounts were brought up, and ordered to lie on the Table.

Then Vice Admiral John Forbes was called in, and examined as to his having read and considered the Bill now under Consideration; and as to his Opinion, whether the Prompt Payment directed by the Bill may not tend to increase Desertion; and as to the Fitness of making this Experiment in Time of War; and as to the Practicability of carrying the Regulations of the Bill into Execution; and whether some of the said Regulations may not be prejudicial to the Sea Service; and also in relation to Frauds and Abuses in the Payments of Seamens Wages, and the Desertion of Mariners and Seamen during the Course of the last War, and other Matters.

And then he was directed to withdraw.

And Rear Admiral Lord Harry Pawlett was called in, and sworn, and examined, whether he has not observed, during the Course of his several Commands in the Service, that the greatest Number of Deserters was of Men that had the least Pay due to them; and as to its being a Maxim among the Sea Officers, to take such Men as have most Pay due to them, as a Retainer to keep them from deserting; and also as to Inconveniencies to the Service, from the Hardships upon the Seamen, and Discontents among them, from the Delay in paying their Wages, and from their not being enabled to remit their Pay to their Wives and Families, and Abuses in personating Seamen; and in the Payment of dead Mens and unserviceable Mens Tickets; and the Fees of Receivers and Clerks; and also as to the Practice of bearing Men Supernumeraries, and turning over Supernumeraries from one Ship to another; and as to the Difference between the King's Pay and the Merchants Pay; and also as to the Desertion of Marines and Seamen during the Course of the last War.

And then he was directed to withdraw.

Admiral Thomas Griffin was called in, and sworn, and examined to the same Matters as Lord Harry Pawlett.

And then he was directed to withdraw.

Rear Admiral Thomas Frankland was called in, and sworn; and being asked, "Whether, from his Experience in the Course of his Commands in the Sea Service, he has not observed that the greatest Number of Deserters was of Men that had the least Pay due to them?" Says, "That the Matters of Fact and Opinion are so blended, that he apprehends he cannot answer to Facts without giving his Opinion; and he has already given his Opinion upon this Bill in the other House."

He was directed to withdraw.

And Vice Admiral Charles Knowles was called in, and sworn; and examined as to his having read and considered the Bill; and whether the Prompt Payment directed by the Bill may not tend to increase Desertion; and as to his Opinion of the Practicability of carrying the Regulations of the Bill into Execution, and what Effect the said Regulations may have upon the Sea Service; and also as to the Hardships upon Seamen, with regard to their Pay, and Abuses in purchasing Seamens Tickets.

And then he was directed to withdraw.

And Vice Admiral George Townshend was called in, and sworn, and examined as to his having read and considered the Bill; and whether the Prompt Payment, directed by the Bill, may not tend to increase Desertion; and as to his Opinion of the Practicability of carrying the Regulations of the Bill into Execution, and what Effect the said Regulations may have upon the Sea Service; and also as to the Hardships upon Seamen with regard to their Pay.

And then he was directed to withdraw.

And Rear Admiral Harry Norris was called in, and sworn, and examined as to his having read and considered the Bill; and whether the Prompt Payment, directed by the Bill, may not tend to increase Desertion, and to his Opinion of the Practicability of carrying the Regulations of the Bill into Execution, and what Effect the said Regulations may have upon the Sea Service; and also as to the Hardships upon Seamen with regard to their Pay.

And then he was directed to withdraw.

Ordered, That the further Consideration of the said Bill, and Examination of Witnesses relating thereto, be adjourned till Tuesday next; and the Lords to be summoned; and that George Cockburne, Daniel Devert, Robert Osborn, and Timothy Brett, Esquires, Commissioners of the Navy, James Wallace Esquire, James Hubbald, Edward Bentham, Edmund Mason, and Richard Horn, do then attend.

Ordered, That the proper Officer do lay before this House, Copy of a Letter from the Commissioners of the Navy to Mr. Burchett, dated the 26th of September 1735.

Adjourn.

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

DIE Lunæ, 20^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bermondsey Poor, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for ascertaining and collecting the Poors Rates, and for better regulating the Poor, in the Parish of Saint Mary Magdalen Bermondsey, in the County of Surrey," 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."

Brent Bridge, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from Brent Bridge in the County of Devon, to Gasking Gate in or near the Borough of Plimouth, in the said County."

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. Edwards and Mr. Lane:

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

Pierie to enter into a Recognizance on Littlejohn's Appeal.

The House being moved, "That William Pierie of The Middle Temple Gentleman may be permitted to enter into a Recognizance for Alexander Littlejohn Esquire, on account of his Appeal depending in this House; he living in Scotland:"

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

Powell to enter into a Recognizance on Stephenson's Appeal.

The House being moved, "That George Powell of Lincoln's Inn Gentleman may be permitted to enter into a Recognizance for Anthony Stephenson and Constance his Wife, on account of their Appeal depending in this House; they living in Derbyshire:"

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

Dover Harbour Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted and continued by several Acts of Parliament, for repairing the Harbour of Dover, in the County of Kent."

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 the former Messengers:

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

Report of the Committee on Lady Ferrers's Petition for a Bill of Separation.

The Earl of Shaftesbury reported from the Lords Committees, appointed to consider of the Petition of Mary Countess Ferrers, Wife of the Right Honourable Laurence Earl Ferrers; praying, "That Leave may be given to bring in a Bill, for separating the said Earl from the Petitioner, by Reason of Cruelty; and for such Redress and Relief as to their Lordships in their great Wisdom shall seem proper, just, and reasonable:" That the Committee have met, and considered the Matter to them referred; and have examined several Persons upon Oath, in order to prove the Allegations of the said Petition.

"And Miss Anna Margaretta Meredith, the Countes's Sister, being examined, said, "That she hath lived the best Part of the Time with the said Earl and Countess since their Intermarriage, which was about Five Years ago; and that, about Two Months after their Marriage, the Earl and Countess being at the Earl's Seat at Stanton Harrold in Leicestershire, and the Countess having received an Invitation from Mrs. Wright (the Reverend Mr. Offley Wright's Wife) to a Music Meeting at Derby, the Countess acquainted the Earl with it, who forbidding her going there, she quietly submitted; but in the Evening the Earl, without any Provocation given, flew into a violent Rage, and accused the Countess, before the Company then drinking Tea, of having procured the above Invitation to be sent to her, with a View of carrying on some bad Design: And that, in January 1753, the Earl and Countess being at Quandon, another Seat belonging to the said Earl, and the Countess having taken a Walk one Morning with her (the Witness), the Earl swore at and cursed the Countess, and forbid her from stirring out of his Sight, or going out of Doors again; and during the Time they stayed at Quandon, which was about a Month, the Countess was obliged to remain confined in the House; and that, when they were drinking Tea one Afternoon, the Earl flew into a Passion, and abused her, and struck her with his Fist, for no other Reason, as then appeared, but because she endeavoured to put out the Fire from a Napkin, which the Servant, who waited, had in his Hand, and which the Spirits in the Lamp had set Fire to: That, some Time afterwards, the Earl and Countess, with the Witness, being come to The George Inn in Loughborough, as they were returning to Stanton from a Visit, the said Earl, at the Door of the Inn, and in the Presence of a great Number of Servants and People, put himself into a great Passion, ordered the Countess to get out of the Coach, swore at her, called her Bitch, and damned her for a Whore, made the Coachman quit his Box, stripped him of his Livery, discharged him, and then forced the Countess into the Coach again, and drove himself, though the Roads were bad, and the Horses young and hardly broke to Harness, so that they were in continual Fears of being overturned: That, some Time afterwards, the Earl and Countess being at Stanton, and Three of her Sisters being there upon an Invitation, One Evening after Supper the Earl hastily rose from the Table (where they were sitting and talking on indifferent Subjects) and rung the Bell; and then, turning furiously about to Lady Ferrers, said to her, "Damn you, why don't you go to Bed? You shall no longer conser with those damn'd Bitches your Sisters: By God you shall never see them again;" and swore, "That, if she did not confess what she had said to her Sisters, he would kill her that Night." And upon the Countess and her Sisters declaring that they were not talking of him; he said, "It was a damn'd Lie;" and turning to Lady Ferrers, and griping his Fist and grinning at her; said, "I pray God of His infinite Mercy to damn me to all Eternity, if I don't murder you this Night, if you don't confess." That the Earl and Countess, with the Witness, being at another Time at Chartley, and the Earl having sat up very late, came into the Countess's Room, threatening and cursing her in so lond a Voice, that it alarmed the Witness, who lay Two Rooms from them; and she, getting up, took Anna Schevin the Countess's Woman with her to the Door of the Bed-chamber, where the Earl and Countess lay, and there heard the Earl swearing at and cursing the Countess, and threatening to murder her; and heard the Countess say, "For God's Sake, my Lord, don't set the Room on Fire;" and they continued watching at the Door some Time, fearing the Earl would kill the Countess, and fire the Room: That, the Noise ceasing, the Witness and the Maid went away, supposing the Earl was gone to Bed; but were soon afterwards alarmed again, by a great Noise in the said Chamber; when they jumped out of Bed, and, listening at the Door again, heard the Earl swearing at and cursing the Countess; and saying, "He would be the Death of her before he rose:" And during the Time they continued at Chartley, which was more than a Month, the Earl behaved to the Countess with great Ill-nature and Cruelty, always expressing his great Dislike to her, and his Desire of getting rid of her: That he did almost every Night, for many Nights together, when in Bed with her, make Use of the most horrid Threats and Imprecations, so that the Servants and Family were in continual Fear for her: That, in November 1756, as the Earl and Countess were sitting in the great Parlour at Stanton, with Thomas Shirley Esquire, the Earl's Brother, and other Company, and conversing on several Subjects, the Countess observed in Conversation, "That the Earl was fond of travelling with Fire Arms;" whereupon the Earl suddenly rose in a great Passion, and struck her on the Face with his Fist, and bid her, "Go to Hell, and be damn'd:" That the Earl and Countess being at Sir William Meredith's House in Town, on the 28th of November 1756, in the Evening, the Witness heard the Countess cry out; whereupon she went into the Room, and there found the Earl had been beating her, and had then his Hands on her Throat, in Appearance endeavouring to strangle her; but that the Witness, with the said Ann Schevin, pulled the Earl's Arms from her, and with great Difficulty made him quit his Hold: That, when the Countess hath complained of a Pain in her Stomach, the Earl hath often said, "Damn your Stomach;" and when from his ill Usage of her, she hath fallen into Tears, he hath frequently said, "Damn your hypocritical Tears! That he would do for her, and teaze her Heart out: That she was his Wife, and he would use her as he pleased:" And that, for Three Years and upwards before the Countess left the Earl, his general Behaviour towards her was too outrageous, cruel, and inhuman, for any Woman to bear." And the Witness being asked, "If the Countess had at any Time given the Earl any Kind of Provocation for such Behaviour?" said, "That she never did, to her Knowledge; but that, on all Occasions, she did every Thing in her Power to please him, always submitting and giving Way to him: That, the Earl continuing his cruel Treatment towards the Countess, she told the Witness, "It was impossible to live any longer with him, her Life being in continual Danger;" and, being then in a bad State of Health, begged the Witness would acquaint her Brother Sir William Meredith with her Situation, and to desire him to come and assist her, and save her from Ruin; and Sir William, being made acquainted with it by the Witness, determined, as the Witness believed, to remove the Countess from her Husband, in order to preserve her Life."

"That William Hodson, being examined, said, "He lived as Servant with Earl Ferrers a Year and Eight Months, and during that Time the Earl used the Countess with great Cruelty, often damning her, and calling her Names: That he remembered Captain Shirley, the Earl's Brother, and his Wife, were upon a Visit to the said Earl and Countess at Stanton; and the Earl, having one Night quarrelled with his Brother, ran up Stairs towards his Lady's Room, with a large Clasp Knife in his Hand, which he usually carried about him, and, meeting the Witness, asked him, "Where his Mistress was?" Who told him, "He believed, she was in her own Room:" That, soon afterwards, the Earl ordered him to come into the Room to him, which he did, and the Earl bid him load a Brace of Pistols; that he accordingly did load the Pistols, but did not prime them, for fear the Earl might do Mischief with them; that, the Earl asking for the Pistols, he gave them to him; but, finding they were not primed, he damned the Witness, and bid him give him the Powder; and the Witness so doing, the Earl primed them himself, and then threatened that he would blow his Brains out, if he would not go down Stairs, and shoot his Brother Captain Shirley; that he (the Witness) hesitating thereat, the Earl clapped One of the Pistols to his Breast, and snapt it at him, but happily it missed Fire; whereupon the Countess, who was in the Room, on her Knees, with Tears in her Eyes, begged and entreated the Earl to be pacified, and calm his Rage; upon which, he damned and cursed her, and, holding one of the Pistols at her Head, swore, "He would blow her Brains out if she interrupted him:" That the Witness went down Stairs, and acquainted Captain Shirley, who was in the Parlour, with what the Earl intended to do; and thereupon Captain Shirley went up Stairs to his Wife, who was gone to Bed, and desired her to get up, which she did, and at Two o'Clock in the Morning the Captain and his Wife left the House: That, some Time in January 1755, the Earl, as the Witness understood, having desired Sir William Meredith to do some Business for him in London, and Sir William not having done it so soon as the Earl expected, declared he would have his Revenge upon Sir William on Lady Ferrers, and thereupon kicked and beat her about the Room in his (the Witness's) Prefence, in a very cruel Manner." And being asked, "If the Earl was at that Time sober?" Said, "He was:" That the Earl having ordered a Barrel of Oysters from London, and the same not proving good, the Earl wanted him to swear that the Carrier had changed them; and the Witness telling the Earl it was impossible for him to take such an Oath, the Earl suddenly stabbed him in the Breast with a Knife, struck him with great Force on the Head with a Candlestick, and knocked him down, and then kicked him in the Groin so violently, that he hath not since been able to hold his Water; and that at particular Times he now feels the Effects of the Blow with the Candlestick."

"That Anna Schevin, being examined, said, "She had lived with the Countess Ferrers as her Woman, upwards of Four Years; and that the said Earl's Behaviour to her Lady, during that Time, had been barbarous and cruel, scarce a Day passing without his abusing her, and calling her damned Bitch and Whore; and telling her that he hated her." That this Witness confirmed the Account which William Hodson gave of the Earl's whole Behaviour, upon the Quarrel that arose between him and his Brother Captain Shirley; and further said, "That the Earl and Countess being at Chartley, and the Earl having sat up drinking till near Three in the Morning, made the Countess get out of her Bed, and go without any Thing but her Shift on, and call the Witness; who being come into the Earl's Bed-chamber, he began, without any Provocation, to beat the Witness in a violent Manner, so that the Countess got out of Bed again, to prevent his injuring her; upon which, the Earl abused the Countess, called her a damned eternal Bitch, bid her go to Bed again, or he would kick her to the Devil, and that he would kill both her and her Maid that Night; and then flung the Countess down with great Violence, upon which she got up and went into Bed: That the Earl then threatened he would burn her in Bed, and set Fire to the Room; and, as the Countess afterwards informed her (the Witness), did put a Candle to the Hangings, but they did not take Fire; and she herself saw them singed with the Candle." That this Witness confirmed the Account Miss Anna Margaretta Meredith gave of the Earl's Behaviour at Chartley, and of his Threats and Curses at the Countess whilst they were watching at the Door of the Earl's Bed-chamber. And the said Witness further said, "That, during all the Time the Earl and Countess were at Chartley, the Earl behaved to her in a very outrageous and cruel Manner, and several Times threatened to murder her; and, after his Return to Stanton, for several Nights together, she heard the said Earl say, he would murder her; and that she (the Witness) never went to Bed during that Time, without expecting the Earl would be the Death of her Lady before Morning." This Witness likewise confirmed the Account given by Miss Anna Margaretta Meredith, of the said Earl's endeavouring to strangle the Countess at the House of Sir William Meredith. And being likewise asked, "Whether the Countess had given the Earl any Provocation?" Said, "None at all; that she always behaved with the greatest Meekness."

"That the Petitioner's Agent, in order to prove the Earl's Disobedience to the Writs of Habeas Corpus issued against him, the First Articles of the Peace exhibited by the Countess, and the Recognizance which the Earl and his Sureties thereupon entered into, laid before the Committee authentick Copies of the following Records of those Proceedings, remaining in the Crown-office; (videlicet,)

"1. Copy of Mr. Justice Foster's Fiat, dat. 7 January 1757, for issuing the First Habeas Corpus, directed to the Earl Ferrers, to bring up the Countess before him immediately."

"2. Copy of the Rule for the Second Habeas Corpus, made on Wednesday next after the Octave of Saint Hilary, in the 30th Year of King George the Second, to be directed to the said Earl, to bring the Countess before the Court of King's Bench."

"3. Copy of the Rule for an Attachment of the said Earl, made on Tuesday next after the Morrow of the Purification of the Blessed Virgin Mary, in the 30th Year of King George the Second, for the said Earl's Contempt."

"4. Copy of the Articles of the Peace, exhibited by the Countess against the said Earl her Husband, in the Court of King's Bench, on Saturday next after the Octave of the Purification of the Blessed Virgin Mary, in the 30th Year of King George the Second."

"5. Copy of the Rule made the same Day, for a Writ of Attachment to issue against the said Earl, for the Peace.

"6. Copy of the Recognizance, by the said Earl entered into, with Two Sureties, in Easter Term 1757, in the Penalty of Ten Thousand Pounds, to keep the Peace."

"And the Petitioner's Agent alleged, before the Committee, "That, the Writs of Habeas Corpus and Attachments issued against the said Earl not being returned and filed in the proper Office, he could not produce authentick Copies thereof."

"That, in order to prove the Countess instituted a Suit in the Consistory Court of the Bishop of London against the Earl, for a Separation and Maintenance, and the Proceedings had therein;

"William Skelton, Register of the said Consistory Court, laid before the Committee the original Proceeding in the said Suit; from which it appeared, that a Citation, at the Countess's Suit, issued against Earl Ferrers, on the 7th of April 1757: That, on the 24th of May, the Countess gave in her Libel: That, on the 2d of July, the Earl was assigned to give his Answers on the Bye-day: That, on the 5th of July, the Judge of the said Court allotted the Countess 40£ on Account of Alimony and Costs: That, on the 17th of November, the said Earl was accused of Contumacy; and the Countess's Proctor prayed him to be decreed Excommunicate, for not giving in his Answers: That, on the 25th of the same Month, the Judge pronounced the Earl Contumacious, for not giving in his Answers, but reserved his Pain till the next Court-day, when his Pain was further reserved till the Bye-day; and then the Countess's Proctor porrected a Schedule of Excommunication, which the Judge read and signed, and pronounced the said Earl Excommunicate, for not giving in his Personal Answers to the said Libel; and that, on the 18th Day of December 1757, the Excommunication was published in the Parish Church of Saint George Hannover Square.

"That Mr. Robert Garnett, who attended as Agent for Earl Ferrers, having asked the said Register, "Whether the Earl was at this Time under Excommunication?" Said, "No; for that the Earl had been lately absolved, upon giving in his Answers."

"That, in order to prove Earl Ferrers's Behaviour at the Earl of Westmorland's House, in the County of Kent;

"The Earl of Westmorland informed the Committee, "That, on Wednesday the 10th of August, as he was riding to dine with a Clergyman at Wrotham, he met Earl Ferrers, who said, "He was going to his Lordships House;" upon which, he asked Earl Ferrers, "If he had any Commands with him?" Earl Ferrers answered, "He had:" The Earl of Westmorland then said, "He was sorry he could not wait on him, being expected to Dinner with a Gentleman at the next Town;" upon which, Earl Ferrers said, "He would go forward to his House, and wait his Return;" but, receiving no immediate Answer, said, "He would go back with him to the Town, and speak with him there;" and accordingly turning back, and being shewed into a Room, Earl Ferrers expressed great Uneasiness at his Situation: "That he was weary of his Life, living as he did;" and then requested that he would suffer him to see Lady Ferrers in his Presence, or before whom he thought fit; protesting, "That nothing should be done on his Part inconsistent with the strictest Rules of Civility; being," as Earl Ferrers said, "desirous only to know his Wife's Resolution from her own Mouth." To which the Earl of Westmorland said, "My Lord, you quite mistake the Matter: I am not Lady Ferrers's Keeper, though I am bound to protect her, she having taken Shelter under my Roof; and nothing shall hinder you from seeing her, if she is consenting to it." That the Earl of Westmorland then left Earl Ferrers at the Inn, where he agreed to stay till called on; but, just as the Earl of Westmoreland was sat down to Dinner, Word was brought him, that Earl Ferrers was in an outward Room, and wanted to speak with him; and the Earl of Westmorland going to him, Earl Ferrers begged the Favour that no Messenger might be sent to Lady Ferrers, to give her Notice of his coming; "which, the Earl of Westmorland said, was too late, for that a Messenger had been dispatched, to prevent Lady Ferrers from being surprized:" That, about Half an Hour after, the Earl of Westmorland received a Message from Earl Ferrers, "That, with his Leave, he would go on softly before;" upon which, the Post Chaise for the Countess of Westmorland and Lady Primrose was got ready; and the Earl of Westmorland getting on Horseback, they overtook Earl Ferrers in the Avenue about a Mile from the Earl of Westmorland's House, where they arrived together. After Tea, Earl Ferrers renewed his Request to see his Lady; and the Earl of Westmorland said, "He would acquaint her with his Lordship's Desire; and, if she had no Objection, he should meet with none from him:" That, Earl Ferrers being in one of the Parlours, with the Countess of Westmorland, the Lady Primrose, and the Earl of Westmorland, Lady Ferrers came into the Room; and soon after her coming in, Earl Ferrers asked her, "Whether, during the last Month of their living together, she did not say it was her Desire to remain with him?" To which she answered, "My Lord, I did; you know the Reason; I could do no otherwise." And then, after some Expressions of Kindness, asked her several Times, "Whether she was determined not to live with him?" To which Lady Ferrers as often answered, "I am." That, upon Appearance of Passion in Earl Ferrers, it was proposed by Lady Westmorland, "That she and Lady Ferrers should leave the Room;" which Lady Ferrers attempting to do, the Earl took Hold of her, and with Violence pulled her back to her Chair, and declared she should not go: That the Earl continued to press Lady Ferrers on the Subject of living with him; and her Ladyship once more endeavouring to leave the Room, the Earl again took Hold of her, and with great Violence forced her back to her Chair, and, standing over her, swore she should not go: That Earl Ferrers gently unbuttoned his Coat, and, suffering it to hang loose, put one of his Hands into the Pocket of it, which Hand appeared employed, or in Motion, about something therein: That, as well from the Behaviour and Countenance, as from the Expressions of the Earl, the Earl of Westmoreland believed his Lordship, at that Time, intended to shoot or injure Lady Ferrers; and, to prevent a Thing of that Kind, he stood close by the Earl; and very soon after, upon Lady Ferrers's declaring her determined Resolution was not to live with him, he replied, with Passion, "Then you and I must not part this Day alive." Soon after which, Lady Westmorland came behind the Earl of Westmorland, and, with a low Voice, told him, "That Lord Ferrers would shoot Lady Ferrers." And immediately thereupon he laid Hold of Lord Ferrers, and held both his Arms, and, pulling him backwards, secured him, and prevented his taking any Thing out of his Pocket, which he endeavoured to do; and Lady Ferrers, arising from her Seat, suddenly pulled the Earl's Hand out of his Pocket, and a Pistol came out of the Pocket at the same Time: That, One of the Earl of Westmorland's Servants coming then into the Room, he was ordered to search Earl Ferrers's Pocket; which he did, and took thereout Three other Pistols: That, after the Earl of Westmorland took Hold of Earl Ferrers, he asked him, "What he meant?" To which his Lordship replied, "He meant to shoot himself." The Earl of Westmorland told him, "He should not do that in his House;" and immediately ordered his Servants to put Earl Ferrers in his Post Chaise, and send him away, which was done: That he afterwards examined the Four Pistols taken from Earl Ferrers, and found each of them loaded with Powder and Ball, and properly primed. That, upon the general Behaviour of Earl Ferrers on this Occasion, the Earl of Westmorland believes he intended to shoot Lady Ferrers, and would have shot her had he not been secured; that a Bag of Bullets, a Powder Flask, and a short Gun, were also taken out of Earl Ferrers's Chaise, which Gun, upon Examination, appeared to be loaded with One and Twenty Bullets."

"That the Countess of Westmorland, being examined, confirmed the Relation the Earl of Westmorland gave of Earl Ferrers's Behaviour; and said, "She believed he would have shot his Lady, if he had not been prevented."

"That James Browne, late Servant to Earl Ferrers, being examined, said, "That Lord Ferrers hired him, on the 9th of August last, to live with him as his Footman; and the next Morning his Lordship, about 7 o'Clock, got up; and a Post Chaise and Four being waiting for him at the Door, he gave him (the Witness) a large Pistol, with Directions to fire it off; which he accordingly did, and returned it to the Earl, who inquired whether it went off free and easy; to which the Witness answered in the Affirmative: That the Earl getting into the Chaise, and the Witness on Horseback, travelled to a Place called Sidcupp in Kent, where he directed the Witness to inquire of a Servant of the Earl of Westmorland's, whether the Earl was at his Country House; but cautioned the Witness not to take any Notice, or discover who he (Earl Ferrers) was, and to direct the Postillions to observe the same: That, he (the Witness) being informed the Earl of Westmorland was at his County Seat, Earl Ferrers directed him to inquire who was coming down from London with Lady Westmorland, which the Witness was informed was Lady Primrose, and that they were both expected there immediately; and upon acquainting Earl Ferrers of this, he got into his Chaise, and went to Wrotham, where he gave the Witness a Pair of Pistols, to examine why they lost their Priming; and that being rectified, he returned them to his Lordship." This Witness gave an Account of meeting the Earl of Westmorland on the Road; and of Earl Ferrers returning with him to the Inn, and of their proceeding afterwards to the Earl of Westmorland's House; and further said, "That Earl Ferrers, in going to the Earl of Westmorland's, stopped his Chaise, and, calling for the Witness, offered him a great Reward, if he would stand by him; at the same Time giving him Directions, that when they came to the Gate near the Earl of Westmorland's House, to ride on before; and if he could meet with any of the Servants, to learn if Lady Ferrers was to be seen; and if he met with any Servant, to tell him, "That, if he could help Earl Ferrers to the Sight of Lady Ferrers, he would give him Fifty Guineas." But the Witness says, "That when they came to the Gate, it was locked; and before it could be opened, the Earl of Westmorland and some of the Family overtook them, and went with them to the House; and, after waiting some Time, the Servants of the Earl of Westmorland brought Earl Ferrers out of the House, and put him into the Chaise; and they returned to Wrotham."

"That, in order to prove Earl Ferrers was taken into Custody upon account of his Behaviour at the Earl of Westmorland's, the Petitioner's Agent laid before the Committee,

"An authentick Copy of the Articles of the Peace, exhibited by the Countess, in Hilary Term last, against the said Earl her Husband, as remaining of Record in the Crown Office.

"And also, an authentick Copy of the Recognizance entered into by the said Earl Ferrers, with Two Sureties, in the Court of King's Bench, in Hilary Term last, in the Penalty of Ten Thousand Pounds, to keep the Peace."

"That, in order to prove Bonds of Arbitration were entered into, as stated in the Petition, the Petitioner's Agent laid before the Committee,

"The Bond of Arbitration, executed by Earl Ferrers, bearing Date the 17th Day of February last, which Mr. Robert Garnet, One of the subscribing Witnesses thereto, being examined, proved to be duly executed by the said Earl; whereby all Differences, Disputes, and Demands, subsisting between him and the Petitioner, were left to the Award and Determination of the Worshipful George Hay and John Bettesworth Doctors of Laws, Fletcher Norton and Kingsmill Evans Esquires."

"And the following Recital therein was read by the Clerk; (videlicet,)

"And whereas the said Lawrence Earl Ferrers and the said Mary Countess Ferrers have agreed to live separate and apart from each other; but the Terms of such Separation have not yet been settled or agreed upon between them, and Differences arise with respect thereto."

"That, in order to prove Earl Ferrers's Behaviour at the House of Kingsmill Evans Esquire, One of the Arbitrators;

"The Worshipful George Hay Doctor of Laws, being examined, said, "That he attended at Mr. Evans's, upon the Arbitration, on Monday the 27th of February last: That Earl Ferrers gave the Arbitrators an Account of the State of his Affairs, and endeavoured to shew that he had not more than 40£. a Year clear Income, pretending he had a Charge of 90,000£. upon his Estate: That, Lady Ferrers's Solicitor having objected to a Charge of upwards of 20,000£. given in by the said Earl, and the Earl being questioned by Mr. Norton concerning the same, he so equivocated in his Answer, that it appeared the said Charge was not well founded: That Earl Ferrers, in a Passion, then said, "He was ill treated, and would not abide by their Arbitration, but insisted they should name the Earl of Hardwicke as an Umpire;" and Sir William Meredith and Lady Ferrers's Solicitor having left the Room, Earl Ferrers was desired to go out of the Room likewise, which he refused to do; and Words arifing between Mr. Norton One of Lady Ferrers's Arbitrators and Earl Ferrers, the Earl gave Mr. Norton the Lie; upon which, Mr. Norton struck him; and the Earl began immediately to feel in his Pockets, seemingly for a Pistol, and swore, "He had a Pistol for him." And then, the Servants coming in, the Earl was secured; and he (the Witness) with Mr. Norton went away." The Witness being asked, "If he would choose to meet Earl Ferrers again upon the Arbitration;" said, "No, not upon that or any other Occasion."

"That, in further Proof of the said Earl's having forfeited the Recognizance, by him entered into in Hilary Term last;

"Christopher Burrow Esquire, being examined, said, That, on the 28th Day of February last, Earl Ferrers sent for him, and said he would send a Challenge to Mr. Norton, and desired to know how he could do it without its appearing to be such a Challenge as the Law could take Notice of; but he (the Witness) begged to be excused from giving his Lordship any Advice thereupon: That he believed the Earl did send some Note or Intimation for Mr. Norton to meet him; and that he intended the same for a Challenge to Mr. Norton to fight him."

"That, in order to prove the said Earl goes armed with Pistols;

"Sir William Meredith Baronet, being examined, said, "That the Earl hath, at several Times, upon Disputes arising between them, pulled out Pistols from his Pockets, and is generally reputed never to go without them."

"That, notwithstanding the said Earl Ferrers had Notice of the Time of Meeting of this Committee, his Lordship hath not thought fit to attend the same; yet, during the Course of this Examination, an Agent on Behalf of the said Earl attended, but declined asking the Witnesses examined on Behalf of the Countess Ferrers (except Mr. Skelton) any Questions. And being asked, "If he had any Evidence to produce to contradict them?" Said, "He had no Evidence to produce."

"That, the Allegations of the said Petition having been proved to the Satisfaction of the Committee, their Lordships are of Opinion, That Leave be given to bring in a Bill, for a Separation between the Petitioner and the said Earl her Husband; and for allowing a reasonable Maintenance to her, out of his Estate."

Which Report, being read by the Clerk, was agreed to by the House.

Countess Ferrers, Leave for a Bill of Separation:

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

The House was moved, "That an Act of the First Year of the Reign of His late Majesty, intituled, An Act for appointing Persons to take Care of the Person and Estate of John Dighy Esquire, Eldest Son and Heir Apparent of William Lord Dighy, in the Kingdom of Ireland," might be read.

And the said Act was read accordingly.

The Earl to attend.

Ordered, That Earl Ferrers do attend this House in his Place, on Wednesday next.

Papers from the Admiralty to be brought.

Ordered, That the proper Officers do lay before this House, Copies of such Orders, or Letters, as were sent by the Commissioners for executing the Office of Lord High Admiral to the Navy Board, or any other Persons, in Consequence of the said Board's Letter of the 26th of September 1735, relating to the Payment of Two Months Wages in Six to His Majesty's Ships.

Brumpton and Sawden Enclosures, Bill.

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

With a Bill, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing the Open Common Fields, Common Meadows, Common and Waste Grounds, in the Townships of Brompton and Sawden, in the Parish of Brompton, in the North Riding of the County of York;" to which they desire the Concurrence of this House."

The said Bill was read the First Time.

Persons who have neglected to qualify for Offices, to indemnify, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace and others, who have omitted to register their Qualifications within the Time limited by Law; and for giving further Time for those Purposes, and the filing of Affidavits of Articles of Clerkship."

Adjourn.

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