House of Lords Journal Volume 29
March 1757, 11-20

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

77-89

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 29: March 1757, 11-20', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 77-89. URL: http://british-history.ac.uk/report.aspx?compid=114423 Date accessed: 31 July 2014.


Highlight

(Min 3 characters)

March 1757, 11-20

DIE Veneris, 11o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Duresm.
Epus. Roffen.
Epus. Wigorn.
Epus. Eliens.
Epus. Sarum.
Epus. Lincoln.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Landaven.
Epus. Bangor.
Dux Cumberland.
Comes Gower, C. P. S.
Dux Somerset.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
Dux Chandos.
Dux Dorset.
Comes Huntingdon.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Winchilsea.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Coventry.
Comes Morton.
Comes Home.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Ferrers.
Comes Dartmouth.
Comes Halifax.
Comes Cowper.
Comes Pomfret.
Comes Buckinghamsh.
Comes Northumberland.
Comes Egremont.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Darlington.
Viscount Say & Sele.
Viscount Falmouth.
Viscount Folkestone.
Ds. Abergavenny.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Ward.
Ds. Berkeley Str.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Talbot.
Ds. Montfort.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Bruce.
Ds. Fortescue.
Ds. Anson.
Ds. Ravensworth.
Ds. Feversham.
Ds. Archer.
Ds. Vere.
Ds. Walpole.

PRAYERS.

Bishopthorpe, Enclosure Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for the dividing and enclosing the Common Fields, Common Meadow Grounds, and Common or Waste, in the Township of Bishopthorpe, in the County of the City of York, 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.

Montgomeric's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Lilias Montgomerie of Skelmorley to sell Lands in the County of Renfrew; and to lay out the Monies arising thereby in the Purchase of Lands contiguous to other Lands of the said Lilias Montgomerie, in the County of Air; 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. Elde and Mr. Edwards:

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

St. Luke's Poor, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the ascertaining and collecting the Poors Rates, and for the better ordering and regulating the Poor, in the Parish of Saint Luke, in the County of Middlesex."

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

It was Resolved in the Affirmative.

Sutton Coldfield Park, Grant of to Luttrell, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to empower the Warden and Society of King's Town of Sutton Coldfield, in the County of Warwick, to grant Part of a Common called Sutton Coldfield Park unto Simon Luttrell Esquire and his Heirs."

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 Three preceding Bills.

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

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

Lady Arundell, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Lady Arundell of Wardour; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for empowering the Guardians of Henry Lord Arundell of Wardour and Thomas Arundell his Brother, both Infants, to make Leases and Copyhold Grants of their several Estates, during their respective Minorities."

Hertford and Ware Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Roads from the East End of the Town of Hertford in the County of Hertford, through Watton, to Broadwater, and from the Town of Ware, through Watton, to the North End of the Town of Walkern, in the said County."

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

Ld. Privy Seal.
D. Somerset.
D. Leeds.
D. Bedford.
D. Devonshire.
E. Warwick.
E. Winchilsea.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Breadalbane.
E. Marchmont.
E. Halifax.
E. Cornwallis.
E. Darlington.
Vis. Folkestone.
L. (fn. 1) Abp. York.
L. Bp. Durham.
L. B. Rochester.
L. B. Worcester.
L. B. Ely.
L. B. Sarum.
L. B. Landaff.
Ld. Willoughby Par.
L. Ward.
L. Cathcart.
L. Foley.
L. Onslow.
L. Ducie.
L. Ravensworth.
L. Feversham.

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.

Turner to take the Name of Payler, Bill.

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

With a Bill, intituled, "An Act to enable Thomas Turner Esquire to take and use the Surname and Arms of Payler;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

West Matsen, Enclosure Bill.

A Message was brought from the House of Commons, by Sir Harry Gray and others:

With a Bill, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing the Open Town Field of West Matfen, and a small Common or Waste Ground thereto adjoining, in the County of Northumberland;" to which they desire the Concurrence of this House.

Countess Ferrers' Pet. for a Bill of Separation:

The Order of the Day being read, for resuming the adjourned Consideration of the Petition of Mary Countess Ferrers; praying that Leave may be given to bring in a Bill, for a Separation from Earl Ferrers, for Cruelty:

The Earl of Huntingdon acquainted the House, "That his Lordship, the Earl of Westmorland, the Lord Ward, and the Lord Montjoy, had (in Pursuance of their Lordships Order of Yesterday) waited upon the Countess Ferrers; and acquainted her, That Earl Ferrers is desirous she will return to him; and that he will receive her with great Kindness and Tenderness, and every Thing that has passed shall be forgot: And that the said Countess delivered her Answer, written and signed by herself:"

Which his Lordship read; and which is as follows:

Her Answer to the Earl's Proposal for an Accommodation:

"The Countess Ferrers presents her Duty to the Lords; and returns their Lordships her grateful Thanks, for the Protection they have granted her Her Ladyship should have thought herself entirely inexcusable, if she had not tried every Expedient to make her Stay with Lord Ferrers supportable, before she ever had the least Idea of leaving him.

"She cannot even entertain a Thought of returning to him. Misery would not be the worst Thing she should have Reason to dread; as she is convinced her Life would be (as it often has been) frequently in Danger.

"March the 10th, 1757.

"Mary Ferrers."

The Earl waives his Privilege.

Whereupon Earl Ferrers, in his Place, declared to the House, "That he waives his Privilege, as to any Suit, or Suits, that may be brought against him by the said Countess Ferrers."

Bills passed by Commission.

The Speaker acquainted the House, "That His Majesty had been pleased to grant a Commission to his Royal Highness the Duke of Cumberland, and several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses."

Then the House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners (in their Robes) being seated on a Form, placed between the Throne and the Woolsack; the Lord Sandys Speaker in the Middle; with the Duke of Devonshire on his Right Hand, and the Duke of Dorset on his Left; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "That the Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Sandys said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses, the Titles whereof are particularly mentioned; and, by the said Commission, hath commanded us, in his Absence, to declare and notify His Royal Assent to the said several Acts, in this House, in the Presence of you the Lords and Commons assembled for that Purpose. Which Commission you will now hear read."

And the same was accordingly read, by the Clerk, as follows:

"GEORGE R.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen, and perfectly understood, divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act to prohibit, for a limited Time, the making of Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from any Meal or Flour:" "An Act for the Regulation of His Majesty's Marine Forces while on Shore:" "An Act for amending, widening, and keeping in Repair, the Road from the Turnpike Road at the Bottom of Shaw Hill in the Parish of Melksham, through Googe's Lane, Corsham, Biddestone, and West Yatton, to the Turnpike Road at Upper Combe in the Parish of Castle Combe, in the County of Wilts:" "An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, one passed in the Third, and the other in the Seventeenth, Year of His Present Majesty, for repairing the Road leading from a Gate called Shipston Toll Gate at Bridgtown in the Parish of Old Stratford in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill in the said County of Warwick; and also for repairing the Road leading from the First Mile Stone Standing on the said Shipston Road, through a Lane called Clifford Lane, and through Mickleton and Chipping Campden, to a Place called Andover's Ford in the County of Gloucester:" "An Act for confirming and establishing Two several Articles of Agreement, for enclosing and dividing Northwood, Hanchurch Heath, and Toft Green, in the Manor and Parish of Trentham, in the County of Stafford:" "An Act for dividing and enclosing a certain Piece of Pasture Ground, called Whitgift Pasture, in the County of York; and for giving a Compensation, in Lieu of Tithes, to the Impropriator of the Rectory of Whitgift aforesaid:" And albeit the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled are fully agreed and consented unto; yet, nevertheless, the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as, for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons; We have therefore caused these Our Letters Patent to be made, and have signed the same; and, by the same, do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions, therein contained; and have fully agreed and assented to the said Acts; willing, that the said Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth, shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same. And We do, by these Presents, declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Sir John Willes Knight Chief Justice of Our Court of Common Pleas, Our Trusty and Well-beloved Sir Sidney Stafford Smythe Knight One of the Barons of Our Court of Exchequer, and Sir John Eardley Wilmot Knight One of the Justices of Our Court of King's Bench, Commissioners for the Custody of Our Great Seal of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding Our most Dear and Entirelybeloved Son and Faithful Counsellor William Duke of Cumberland, the most Reverend Father in God Our Right Trusty and Well-beloved Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England, Our Right Trusty and Right Well-beloved Cousins and Counsellors John Earl Granville President of Our Council, Granville Leveson Earl Gower Keeper of Our Privy Seal, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Rutland Steward of Our Household, Charles Duke of Grafton Chamberlain of Our Household, John Duke of Bedford Lieutenant General and General Governor of Our Kingdom of Ireland, William Duke of Devonshire First Commissioner of Our Treasury, Charles Duke of Marlborough Master General of Our Ordnance; Archibald Duke of Argyll; Lionel Cranfield Duke of Dorset Master of Our Horse, Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Holdernesse One of Our Principal Secretaries of State, William Henry Earl of Rochford Groom of Our Stole, Richard Earl Temple First Commissioner of Our Admiralty, and Our Right Trusty and Well-beloved Counsellor Samuel Lord Sandys, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and Commons of Our Parliament, there to be assembled for that Purpose, and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same; and also to enrol these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every them a sufficient Warrant in that Behalf. And finally We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Tenth Day of March, in the Thirtieth Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke and Yorke."

Then the Lord Sandys further said,

"In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal and Commons in Parliament assembled, That His Majesty has given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow:

"1. An Act to prohibit, for a limited Time, the making of Low Wines, and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from any Meal or Flour."

"2. An Act for the Regulation of His Majesty's Marine Forces while on Shore."

"3. An Act for amending, widening, and keeping in Repair, the Road from the Turnpike Road at the Bottom of Shaw Hill in the Parish of Melksham, through Googe's Lane, Corsham, Biddestone, and West Yatton, to the Turnpike Road at Upper Combe, in the Parish of Castle Combe, in the County of Wilts."

"4. An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, one passed in the Third, and the other in the Seventeenth, Year of the Reign of His present Majesty, for repairing the Road leading from a Gate called Shipston Toll Gate at Bridgtown in the Parish of Old Stratford in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill in the said County of Warwick; and also for repairing the Road leading from the First Mile Stone standing on the said Shipston Road, through a Lane called Clifford Lane, and through Mickleton and Chipping Campden, to a Place called Andover's Ford in the County of Gloucester."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words,

"Le Roy le veult."

"5. An Act for confirming and establishing Two several Articles of Agreement, for enclosing and dividing Northwood, Hanchurch Heath, and Toft Green, in the Manor and Parish of Trentham, in the County of Stafford."

"6. An Act for dividing and enclosing a certain Piece of Pasture Ground, called Whitgift Pasture, in the County of York; and for giving a Compensation, in Lieu of Tithes, to the Impropriator of the Rectory of Whitgift aforesaid."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words,

"Soit fait comme il est desiré."

Then the Commons withdrew.

And the House was adjourned during Pleasure.

The House was resumed.

Hope Weir, Leave to present a Pet. for a Bill to dissolve his Marriage:

A Petition of the Honourable Charles Hope Weir Esquire, was presented, and read; setting forth, "That the Petitioner, on the 28th of February last, obtained a Definitive Sentence of Divorce against his Wife Ann, by the Name of the Right Honourable Lady Ann Hope Weir, for Adultery, in the Consistory Court of the Bishop of London; and that the Petitioner, not having been able to procure the said Sentence of Divorce sooner, could not apply to their Lordships till after the Time limited by their Lordships Order for receiving Petitions for Private Bills;" and therefore praying, "That their Lordships would be pleased to dispense with the said Order, and receive a Petition for Leave to bring in a Bill for dissolving the Petitioner's Marriage with the said Ann; and to enable him to marry again; and for other Purposes therein mentioned:"

Ordered, That the said Petition be received, as desired.

Pet. read, and Leave for a Bill.

Accordingly, a Petition of the said Charles Hope Weir was presented, and read; setting forth, "That the Petitioner, in March 1746, intermarried with Ann Vane Spinster, and hath had Issue by her Two Sons, named Henry and Charles; that the Petitioner's said Wife some Time since carried on a criminal Intercourse and adulterous Conversation with some Person or Persons unknown to the Petitioner, and by such criminal Conversation was begot with Child; and in the Month of October last was delivered of a Male Bastard Child; and on the 28th Day of February last, the Petitioner obtained a Definitive Sentence of Divorce against the said Ann, by the Name of the Right Honourable Lady Ann Hope Weir, in the Consistory Court of the Bishop of London;" and praying, That Leave may be given to bring in a Bill, for dissolving his Marriage with the said Ann Vane; and to enable him to marry again; and for bastardizing the said spurious Child:"

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

Nuthall'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 Thomas Nuthall Gentleman with Lucy Scott 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. Williams appearing as Counsel for the Bill;

But no Counsel appearing, in Behalf of Mrs. Nuthall, against it:

Samuel Holland was produced, to prove Service of the Order for giving her Notice of this Proceeding.

Who, being sworn, acquainted the House, "That, on the 26th of February last, he served Mrs. Nuthall with the Order of this House, at Palgrave in Suffolk; and at the same Time delivered her a Copy of the Bill: And that she said, "She would not make any Opposition to the Bill."

And then he withdrew.

And the said Bill was read a Second Time.

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

And called Richard Williams, in order to prove the Marriage:

Who, being sworn, produced a Copy of an Entry in the Register Book of Marriages belonging to the Parish of Saint Peter of Mancroft in the City of Norwich, which he examined with the said Register Book; and also a Certificate, signed by Charles Clarke Minister, That he examined it with the said Register Book, and that the same is a true Copy."

And the said Entry and Certificate were read; whereby it appeared, that the said Thomas Nuthall intermarried with Lucy Scott, the 12th of October 1736.

And then he withdrew.

Then the said Samuel Holland was called in again, in order to prove the Cohabitation; and says, "That he knows Mr. Nuthall and his Wife; and that they cohabited together many Years; but never had any Child, as he has ever heard."

And then he withdrew.

And Jane Hill was called in, in order to prove the Criminal Conversation between Arthur Griesdale and Mrs. Nuthall:

And, being sworn, acquainted the House, "That she went to live as a Servant to Mrs. Nuthall in the Year 1753, and continued in her Service about Three Months, till the 12th of June in that Year; and then; by Mrs. Nuthall's Recommendation, went to live in Mr. Griesdale's Service, and continued in his Service till May 1754, and then went away for about Three Months; and in August following lived a Month at his House:" And gave an Account of many indecent Familiarities between Mr. Griesdale and Mrs. Nuthall; and, "That, in September 1753; Mrs. Nuthall came and stayed at Mr. Griesdale's House, at Wanstead in Essex, for a Fortnight or Three Weeks, while Mr. Nuthall was gone into Norfolk; and that she used to put Mrs. Nuthall to Bed; and Mrs. Nuthall has sent her to Mr. Griesdale, to tell him she was in Bed; and that Mr. Griesdale has gone up to her Bed-chamber, and been alone with her when she was in Bed; and that she has often seen Mr. Griesdale either sitting upon the Bed, or lying upon it in his Night Gown and Slippers, when Mrs. Nuthall has been in Bed; and seen his Hand round her Neck, and upon her Breasts:" And gave an Account of the like general Behaviour and indecent Familiarities between them, when Mrs. Nuthall has come to stay for a Day or Two at Mr. Griesdale's, when Mr. Nuthall has gone out of Town, which he frequently did.

And then she withdrew.

And Margaret Betton, Servant to Mrs. Nuthall, was called in, to the same Point.

And, being sworn and examined, gave an Account of the like general Behaviour and indecent Familiarities between Mr. Griesdale and her Mistress, when Mr. Griesdale has come and stayed at Mr. Nuthall's House at Layton Stone, for a Day or Two, when Mr. Nuthall has been gone from Home to Enfield Chace about Business, as he often did. And also gave an Account, "That, on a Sunday in August 1754, she went with her Mistress to Mr. Griesdale's House at Wanstead, where they stayed all Night; and, wanting to speak with her Mistress in the Evening, she went up to the Room which was called her Bed Room, which had Two Doors to it; she found the Door she went to fastened, but heard Persons in the Room; and, upon her Mistress opening the Door, as she was going into the Room, she saw Mr. Griesdale go out of the other Door, with his Breeches unbuttoned, and holding them up with his Hands; and that Evening she told Miss Spackman and Jane Hill what she had seen."

She was directed to withdraw.

The said Jane Hill was called in again; and confirmed the Evidence given by the last Witness, as to what she told her she had seen.

And then she withdrew.

Then the said Samuel Holland was again called in; and gave an Account, "That, when he served Mrs. Nuthall with the Order of this House, she told him, That she had lived in the Country where she then was, or near it, since August last was Twelvemonth."

Then Jonathan Thompson, Clerk to Mr. Nuthall, was called in, and sworn:

And, being examined, gave an Account, "That about June 1755, Mr. Nuthall removed his Goods from his House at Layton Stone, and left Mrs. Nuthall; and that she took a Lodging for a few Weeks in Saint Paul's Church Yard, and then went into the Country, where she has lived ever since; and that Mr. Nuthall has not cohabited with her, or had Access to her, since the 1st of August 1755, as he knows or believes."

And then he withdrew.

And the said Richard Williams, Clerk also to Mr. Nuthall, was again called in; and gave the like Account of Mr. Nuthall's removing his Goods from his House at Layton Stone in 1755, and Mrs. Nuthall's going to live in the Country; and that Mr. Nuthall has not cohabited with her ever since, as he knows or believes.

And then he withdrew.

And Christopher Hobson was called in, and sworn; and produced a Copy of the Record of the Judgement of the Court of King's Bench, upon an Action brought by Mr. Nuthall, in Trinity Term 1756, against the said Griesdale, for Criminal Conversation with his Wife.

And proving it to be a true Copy:

The same was read.

And then he withdrew.

And Edward Rushworth, Deputy Register of the Consistory Court of the Dean and Chapter of the Cathedral Church of Saint Paul, was called in, and sworn; and produced the Original Definitive Sentence of Divorce of the said Court against the said Mrs. Nuthall, for Adultery, of the 8th of February last.

And the same was read.

And then he withdrew.

And the Evidence being finished;

The Counsel was directed to withdraw.

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

Ordered, That the House be put into a Committee on the said Bill, on Tuesday next.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 14o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Roffen.
Epus. Wigorn.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Landaven.
Epus. Bangor.
Dux Richmond.
Dux Leeds.
Dux Devon.
Dux Newcastle.
Dux Dorset.
March. Rockingham.
Comes Exeter.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Home.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Halifax.
Comes Temple.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg.
Viscount Falmouth.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Onslow.
Ds. Romney.
Ds. Sandys.
Ds. Ravensworth.
Ds. Walpole.
Ds. Mansfield.

PRAYERS.

Buckworth against Phelan.

The Answer of Barnaby Phelan, to the Appeal of John Buckworth Esquire, was brought in.

Bishopthorpe, Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for the dividing and enclosing the Common Fields, Common Meadow Grounds, and Common or Waste, in the Township of Bishopthorpe, in the County of the City of York; 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. Lane and Mr. Holford:

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

West Matfen, Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing the Open Town Fields of West Matsen, and a small Common or Waste Ground thereto adjoining, in the County of Northumberland."

Fysher's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Title of William Welby Esquire to certain Lands and Hereditaments, in the County of Lincoln, purchased of Francis Fysher Esquire; and for vesting and settling other Estates of the said Francis Fysher, in the said County, upon the Trusts, and for the Purposes, therein mentioned."

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

D. Leeds.
D. Devonshire.
D. Dorset.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Breadalbane.
E. Marchmont.
E. Oxford.
E. Halifax.
E. Cornwallis.
E. Hardwicke.
E. Fauconberg.
Vis. Folkestone.
L. Bp. Rochester.
L. B. Worcester.
L. B. Litch. & Cov.
L. B. Bangor.
Ld. Cathcart.
L. Onslow.
L. Walpole.
L. Mansfield.

Their Lordships, or any Five of them; to meet on Tuesday the 29th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

John Durade took the Oaths, in order to his Naturalization.

Durade's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Durade."

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.

Ismay to enter into a Recognizance, on the Appeal of Lindsay & al.

The House being moved, "That Isaac Ismay of London Merchant may be permitted to enter into a Recognizance for James Lindsay and others, on account of their Appeal depending in this House; they living in Scotland:"

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

Ismay to enter into a Recognizance, on the Appeal of Forsyth & al.

The House being moved, "That the said Isaac Ismay may be permitted to enter into a Recognizance for John Forsyth and others, on account of their Appeal depending in this House; they living in Scotland:"

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

His Majesty's Advocate against Frazer.

After hearing Counsel, upon the Petition and Appeal of Robert Dundas Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 8th of March 1754, and 8th of July 1756, made on the Behalf of Thomas Fraser Younger of Gortuleg; and praying, "That the same might be reversed or varied; and that His Majesty might have such Relief in the Premises as to this House should seem meet:" As also upon the Answer of the said Thomas Fraser put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.

Pleadings proved in several Causes.

The House being informed, "That Patrick Keaghran attended, in order to deliver in Copies of Pleadings and Proceedings, relating to Four Causes depending in this House; in one of which, James Plunkett Esquire is Appellant, and John Knox and others are Respondents; and in another, Ann Chichester Widow is Appellant, and Arthur Earl of Donegall is Respondent; and in another, George Lord Carbery is Appellant, and Edward Weston and others are Respondents; and in the other, the said Lord Carbery is Appellant, and Thomas Wilson is Respondent:"

He was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 15o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Landaven.
Epus. Glocestr.
Epus. Bangor.
D. Somerset.
D. Argyll.
Comes Warwick.
Comes Huntingdon.
Comes Winchilsea.
Comes Shaftesbury.
Comes Home.
Comes Breadalbane.
Comes Marchmont.
Comes Northumberland.
Comes Cornwallis.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Ward.
Ds. Cathcart.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Sandys.
Ds. Feversham.
Ds. Walpole.

PRAYERS.

Earlstone, Enclosure Bill.

The Lord Viscount Folkestone reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing, the Common, Open, and Arable Fields and Waste Grounds, in Earlstone, in the Parish of Burghcleare, in the County of Hants," 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."

Hertford and Ware Roads, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Roads from the East End of the Town of Hertford in the County of Hertford, through Watton, to Broadwater, and from the Town of Ware, through Watton, to the North End of the Town of Walkern 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."

Thomson's Nat. Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Jacob Thomsons," 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."

Hearle, Leave for a Bill:

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

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for enabling Mary Hearle Widow, Thomas Hearle Clerk, and John Rogers Esquire, Guardians of Margaret Hearle, Jane Hearle, Betty Hearle, and Harriet Hearle, Infants, to make Leases of several Estates in the County of Cornwall, and also Setts and Leases of the Mines therein; and to carry on Adventures during the Minority of the said Infants."

Stewart's Pet. to amend his Appeal.

Upon reading the Petition of James Stewart of Farnese Esquire; setting forth, "That, on the 24th of February last, the Petitioner exhibited his Appeal to this House, from certain Interlocutors of the Lords of Session in Scotland, to which Sir Kenneth Mackenzie has put in his Answer; but, before the Order for Service could reach Scotland, the Court of Session proceeded further in the Cause, and pronounced another Interlocutor therein, on the 23d of February last; and, upon a Reclaiming Petition for the Petitioner, the said Court, on the 5th of this Instant March, pronounced another Interlocutor, adhering to the said former Interlocutor;" and praying, "In regard he conceives himself aggrieved by the said Two Interlocutors, and is desirous that the whole Cause may be at once under their Lordships Review, that he may be at Liberty to amend his said Appeal, by adding thereto the said Two Interlocutors:"

It is Ordered, That the Petitioner be at Liberty to amend his Appeal, by adding thereto the said Two Interlocutors of the 25th of February last and 5th of this Instant March, as desired; he amending the Respondent's Copy.

Ward, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Rowley Ward and Joshua Harbourne; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Guardian of Charles Ward, an Infant, to sell and convey Part of his Estate in the County of Warwick, pursuant to an Agreement with the Right Honourable Francis Earl Brooke; and for applying the Purchase-money in Discharge of Encumbrances affecting the same."

Sir J. Shaw, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir John Shaw Baronet; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to empower Sir John Shaw Baronet to make a Partition, during the Minority of John Shaw his Infant Son, of certain Premises devised to him by the Will of Dame Anna Maria Shaw Widow, deceased."

His Majesty's Advocate against D. of Gordon & al.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein the Duke of Gordon and others are Respondents; praying, "In regard the Subject-matter of the said Appeal is under Accommodation, that the Hearing of the said Cause may be put off till Tuesday the 19th Day of April next."

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 till Tuesday the 19th Day of April next, as desired.

E. of Coventry's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of George William Earl of Coventry, in the County of Cambridge, in Trustees, in Trust to sell the same; and to lay out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, lying nearer to his Estate, in the Counties of Worcester, Gloucester, and Warwick, to be settled to the Uses therein mentioned."

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

D. Somerset.
D. Argyll.
E. Huntingdon.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Home.
E. Breadalbane.
E. Marchmont.
E. Northumberland.
E. Hardwicke.
E. Cornwallis.
Vis. Folkestone.
L. Bp. Rochester.
L. B. Litch. & Cov.
L. B. Bangor.
L. Willoughby Par.
L. Cathcart.
L. Onslow.
L. Feversham.
L. Walpole.

Their Lordships, or any Five of them; to meet on Wednesday the 30th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Crie & al. against Smith & al.

Upon reading the Petition of James Crie Esquire and others, Appellants in a Cause depending in this House, in which David Smith Esquire and others are Respondents; setting forth, "That, the Subject-matter of the said Appeal being of publick Concern, and both Parties being desirous to have the Hearing early, the same was appointed for Thursday the 17th Instant, being a Bye-day; but that the Petitioners Agent in the Court below, who had engaged to come up and attend the said Hearing, and who is to bring the Decreet and Exhibits with him, is not yet arrived;" and therefore praying, "In regard the Respondents are in the same Situation with respect to their Papers, their Agent having also signed this Petition, that the said Hearing may be put off till Tuesday the 29th Instant:"

It is Ordered, That the Hearing of the said Cause be put off till Tuesday the 29th Instant, as desired.

L. Arundell's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower the Guardians of Henry Lord Arundell of Wardour and Thomas Arundell his Brother, both Infants, to make Leases and Copyhold Grants of their several Estates, during their respective Minorities."

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.

Turner to take the Name of Payler, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Thomas Turner Esquire and his Issue to take and use the Surname and Arms of Payler."

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.

L. Carbery against Weston & al. and Buckworth against Phelan:

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, George Lord Carbery is Appellant, and Edward Weston and others are Respondents; and in the other, John Buckworth Esquire is Appellant, and Barnaby Phelan Respondent:"

Pleadings proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Graham against Maule.

Upon reading the Petition and Appeal of James Graham Esquire of Methie; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 13th of December 1754, and 7th of February 1755; and also of Two Interlocutors of the Lords of Session, of the 26th of November 1756, and 4th of March 1757; and praying, "That the said Interlocutors may be reversed; and that this House will be pleased to afford the Appellant such other Relief as to their Lordships in their great Wisdom shall seem meet; and that Elizabeth Maule, Widow of Thomas Ker at Ovenstown, may be required to answer the said Appeal:"

It is Ordered, That the said Elizabeth Maule may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Tuesday the 12th Day of April next; and Service of this Order upon her Agent or any of her Lawyers in Scotland shall be deemed good Service.

Chichester against E. of Donegall.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Ann Chichester Widow is Appellant, and Arthur Earl of Donegall Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Nuthall'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 Thomas Nuthall Gentleman with Lucy Scott 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 Earl of Warwick reported from the Committee, "That they 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.

Hope Weir's Divorce Bill.

The Lord Cathcart (pursuant to an Order of Friday last) presented to the House a Bill, intituled, "An Act to dissolve the Marriage of the Honourable Charles Hope Weir Esquire with Ann Vane his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday the 29th Day of this Instant March; and that Notice thereof be affixed on the Doors of this House, and the Lords to be summoned; and that the said Charles Hope Weir may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Ann Vane may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

Wingerworth, Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Common Pastures and Common Grounds, in the Manor and Parish of Wingerworth, and in the Hamlet of Tupton, in the Parish of North Wingfield, respectively, in the County of Derby;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Pryor's Marston, Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Pryor's Marston, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Oxon.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Bangor.
Comes Gower, C. P. S.
Dux Bedford.
Dux Argyll.
Dux Portland.
Dux Dorset.
Comes Huntingdon.
Comes Exeter.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Essex.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Plimouth.
Comes Cholmondeley.
Comes Home.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Dartmouth.
Comes Effingham.
Comes Guilford.
Comes Cornwallis.
Comes Fauconberg.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Folkestone.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Vere.
Ds. Hyde.
Ds. Walpole.

PRAYERS.

Stragglethorpe Enclosure Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing the Common Fields and Grounds, in the Manor of Straglethorpe, within the Parish of Beckingham, in the County of Lincoln; and for making a Compensation to the Rector of the said Parish, for the Glebe Lands and Tithes in Straglethorpe aforesaid," 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."

Nuthall's Divorce Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Thomas Nuthall Gentleman with Lucy Scott 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. Burroughs and Mr. Harris:

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

Hertford and Ware Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Roads from the East End of the Town of Hertford in the County of Hertford, through Watton, to Broadwater, and from the Town of Ware, through Watton, to the North End of the Town of Walkern in the said County."

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

It was Resolved in the Affirmative.

Earstone Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the Common, Open, and Arable Fields and Waste Grounds, in Earlstone, in the Parish of Burghcleare, in the County of Hants."

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

It was Resolved in the Affirmative.

Thomsons Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Jacob Thomsons."

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. Harris:

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

Wolfhampcote Common Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, within the Parish of Wolfhampcote, in the County of Warwick."

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

D. Bedford.
D. Portland.
D. Dorset.
E. Warwick.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Cornwallis.
Viscount Say & Sele.
Viscount Folkestone.
L. Bp. Oxford.
L. Bp. Lincoln.
L. Bp. Chester.
L. Bp. Chichester.
L. Bp. Bangor.
L. Willoughby Par.
L. Foley.
L. Onslow.
L. Ducie.
L. Vere.
L. Walpole.

Their Lordships, or any Five of them; to meet on Wednesday the 30th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Pryor's Marston Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Pryor's Marston, in the County of Warwick."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

Their Lordships, or any Five of them; to meet on Thursday the 31st Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

West Matsen Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing the Open Town Fields of West Matsen, and a small Common or Waste Ground thereto adjoining, in the County of Northumberland."

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 the 25th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Sharpe against Maxwell Lord Farnham.

The House being informed, "That Walter Sweetman attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein William Sharpe Esquire is Appellant, and John Maxwell Baron of Farnham in the Kingdom of Ireland is Respondent:"

He was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Charley Forest Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from Markfield Turnpike in the County of Leicester, over Charley otherwise Charnwood Forest, through the Town of Whitwick, and from thence through Talbot Lane, to where the Road leading from the Town of Loughborough to the Town of Ashby de la Zouch in the said County comes in from Ryley Lane, near to a Place called Snape Gate;" to which they desire the Concurrence of this House.

Mocho against Sallom: Writ of Error.

The Lord Mansfield, Chief Justice of the Court of King's Bench, (in the usual Manner) delivered in, at the Table, a Writ of Error, wherein Martin Mocho is Plaintiff, and Charles Sallom Defendant.

Marquis Tweeddale against Anstruther.

A Petition of Philip Anstruther Esquire, Respondent in a Cause depending in this House, wherein the Marquis of Tweeddale and His Majesty's Advocate are Appellants, which stands for hearing on Friday next, was presented, and read; praying, "In regard he cannot be ready for the said Hearing on that Day, that the same may be put off till Monday next."

And thereupon the Petitioner's Agent was called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Monday next, as desired; and that the other Causes be removed in Course.

D. Roxburgh against Jestrey & al.

After hearing Counsel in Part, in the Cause wherein John Duke of Roxburgh is Appellant, and Ninian Jeffrey and others are Respondents:

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

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 17o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Landaven.
Epus. Bangor.
Dux Leeds.
Dux Devon.
Dux Argyll.
Dux Portland.
Dux Newcastle.
Dux Dorset.
Comes Exeter.
Comes Warwick.
Comes Sandwich.
Comes Shaftesbury.
Comes Rochford.
Comes Jersey.
Comes Home.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Dartmouth.
Comes Halifax.
Comes Orford.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg.
Ds. Willoughby Par.
Ds. Ward.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Sandys.
Ds. Hyde.
Ds. Walpole.
Ds. Mansfield.
Ds. Harwich.
Ds. Lyttelton.

PRAYERS.

D. Roxburgh against Jeffrey & al.

After hearing Counsel further, in the Cause wherein John Duke of Roxburgh is Appellant, and Ninian Jeffrey and others are Respondents:

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

Sir J. Shaw's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower Sir Jon Shaw Baronet to make a Partition, during the Minority of John Shaw his Infant Son, of certain Premises devised to him by the Will of Dame Anna Maria Shaw, Widow, deceased."

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

D. Leeds.
D. Devonshire.
D. Portland.
E. Warwick.
E. Sandwich.
E. Shaftesbury.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Cornwallis.
E. Hardwicke.
E. Fauconberg.
L. Bp. Durham.
L. Bp. Litch. & Cov.
L. Bp. Landaff.
L. Bp. Bangor.
L. Willoughby Par.
L. Cathcart.
L. Foley.
L. Onslow.
L. Hyde.
L. Walpole.

Their Lordships, or any Five of them; to meet on Friday 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.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 18o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Roffen.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Landaven.
Epus. Bangor.
Comes Gower, C. P. S.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Comes Warwick.
Comes Stamford.
Comes Winchilsea.
Comes Sandwich.
Comes Shaftesbury.
Comes Plimouth.
Comes Home.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Halifax.
Comes Orford.
Comes Northumberland.
Comes Egremont.
Comes Temple.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Fauconberg.
Viscount Say & Sele.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Hyde.
Ds. Mansfield.
Ds. Harwich.

PRAYERS.

Turner to take the Name of Payler, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Turner Esquire, and his Issue, to take and use the Surname and Arms of Payler," 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."

Durade's Nat. Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Durade," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Stragglethorpe Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing the Common Fields and Grounds, in the Manor of Straglethorpe, within the Parish of Beckingham, in the County of Lincoln; and for making a Compensation to the Rector of the said Parish, for the Glebe Lands and Tithes in Straglethorpe aforesaid."

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. Harris:

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

Wingerworth Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Pastures and Common Grounds, in the Manor and Parish of Wingerworth, and in the Hamlet of Tupton, in the Parish of North Wingfield, respectively, in the County of Derby."

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

D. Bedford.
D. Devonshire.
D. Marlborough.
D. Argyll.
E. Warwick.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Breadalbane.
E. Marchmont.
E. Egremont.
E. Hertford.
E. Cornwallis.
E. Fauconberg.
Viscount Say & Sele.
L. Bp. Rochester.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
L. Bp. Bangor.
L. Cathcart.
L. Foley.
L. Onslow.
L. Ducie.
L. Ravensworth.

Their Lordships, or any Five of them; to meet on Monday the 28th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Charley Forest Road Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Markfield Turnpike in the County of Leicester, over Charley otherwise Charnwood Forest, through the Town of Whitwick, and from thence through Talbot Lane, to where the Road leading from the Town of Loughborough to the Town of Ashby de la Zouch in the said County comes in from Ryley Lane, near to a Place called Snape Gate."

E. Caithness against Ly. Caithness.

Upon reading the Petition and Appeal of Alex'r Earl of Caithness; complaining of certain Interlocutors of the Lords of Session in Scotland, of the 5th, 24th, and 26th, of February 1757; and of Part of an Interlocutor of the said Lords, of the 10th of March 1757; and praying, "That the same may be reversed 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 Lady Caithness may be required to answer the said Appeal:"

It is Ordered, That the said Lady Caithness may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Friday the 15th Day of April next; and Service of this Order upon any of her Procurators or Agents shall be deemed good Service.

Piddington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Township of Piddington, in the County of Oxford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ld. Carbery against Wilson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Lord Baron of Carbery in the Kingdom of Ireland is Appellant, and Thomas Wilson is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Day for Causes after those already appointed.

D. Roxburgh against Jestrey & al.

After hearing Counsel, as well on Wednesday last as Yesterday and this Day, upon the Petition and Appeal of Robert Duke of Roxburgh, which Appeal was, by an Order of this House, of the 21st of November 1755, revived in the Name of John Duke of Roxburgh, an Infant, by his Guardians and Curators; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 17th of November 1753, 11th of January and 18th of February 1755; and praying, "That the same might be reversed, varied, or amended; and that this House would grant the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet:" As also upon the Answer of Ninian Jeffrey Treasurer of the Merchant Company in the Borough of Kelso and others, for themselves, and as being the Representatives of the several Corporations of the said Borough, and of the Owners of Feus and Tenements, and of the other Burgesses and Inhabitants of that Borough, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, in the said Interlocutor of the 11th of January 1755, after the Words ["Government of the said Incorporations"], these Words be inserted ["or Admission of new Intrants, without Prejudice to any Question that may arise touching the Reasonableness of the Entries, or Upsets, or other Conditions, to be imposed on any such Admissions, or touching any Claim of exclusive Privileges of trafficking or trading within the said Borough"]: And it is hereby Ordered and Adjudged, That the remaining Part of the said Interlocutor be, and the same is hereby, reversed; and that the Defences offered for the Appellant, with respect to the Customs and Duties, and the little Island called Ana, or The Sand Bed, be sustained; and that as to the said Customs and Duties, and the said little Island, the Appellant be assoilzied: And it is further Ordered and Adjudged, That the said Interlocutor, and the said Interlocutor of the 18th of February 1755, adhering thereto, so far as the same are not reversed or varied as aforesaid, be, and the same are hereby, affirmed.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. Ld. Bp.