House of Lords Journal Volume 29
January 1759

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History of Parliament Trust

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1767-1830

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409-417

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'House of Lords Journal Volume 29: January 1759', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 409-417. URL: http://british-history.ac.uk/report.aspx?compid=114457 Date accessed: 18 April 2014. Add to my bookshelf


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January 1759

DIE Martis, 16o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Bedford.
Dux Bridgewater.
March. Rockingham.
Comes Warwick.
Comes Sandwich.
Comes Shaftesbury.
Comes Cholmondeley.
Comes Marchmont.
Comes Cowper.
Comes Bath.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Ponsonby.
Ds. Lyttelton.

PRAYERS.

Mearns & al. against Farquharson & al.

The Answer of Charles Farquharson and others, to the Appeal of Patrick Mearns and others, was brought in:

As was also, the Answer of William Brown, to the Appeal of Roderick Macleod Esquire.

Wilbraham & Ux. Leave for a Bill, to take the Name of Bootle:

Upon reading the Petition of Richard Wilbraham Bootle Esquire, formerly called Richard Wilbraham, and Mary his Wife; praying Leave to bring in a Bill, for continuing and confirming the Surname and Arms of Bootle to them and their Issue, pursuant to the Will of Sir Thomas Bootle Knight, deceased:

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

Bill read.

Accordingly, the Earl of Bath presented to the House a Bill, intituled, "An Act for continuing, establishing, and confirming, the Surname and Arms of Bootle unto Richard Wilbraham Bootle Esquire, formerly called Richard Wilbraham, and Mary Wilbraham Bootle his Wife, and their Issue, pursuant to the Will of Sir Thomas Bootle Knight, deceased."

The said Bill was read the First Time.

Boyle against Evans & al.

A Petition of Bellingham Boyle Esquire, Appellant in a Cause depending in this House, wherein Eyre Evans Esquire and others are Respondents, which stands appointed for hearing on Friday next, was presented and read; setting forth, "That the Proceedings and necessary Papers in this Cause are not yet arrived from Ireland, occasioned by the Death of the Petitioner's Solicitor there; and that Terms of Accommodation have been proposed on the Part of the Petitioner, which are now under the Consideration of the Respondents;" and therefore praying, "That the Hearing of the said Cause may be put off to the First Day of Causes after Easter, or to such other Time as to their Lordships shall seem meet; the Agent for the Respondents having signed the said Petition, as consenting thereto."

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

And being withdrawn:

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

Molyneux's Petition referred to Judges.

Upon reading the Petition of the Honourable Maria Molyneux, Widow and Relict of the Honourable Thomas Molyneux, deceased, and of George Henry Earl of Litchfield and William Prujean Esquire, as surviving Guardians, and for and on the Behalf, of Charles William Molyneux Esquire, only Son and Heir of the said Thomas Molyneux, deceased, by the said Maria; praying Leave to bring in a Bill, to vest in the Petitioners, during the Non-age of the said Charles William Molyneux the Infant, such and the same Power of making Leases as was vested in Sir William Gerard, Peter Legh, and Ralph Standish, in and by the First Settlement in the Petition mentioned:

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

Van Straubenzee, Leave for a Nat. Bill:

Upon reading the Petition of Philippus William Casimir Van Straubenzee Esquire; praying, "That Leave may be given to bring in a Bill, for his Naturalization:"

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

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing Philippus Willem Casimir Van Straubenzee Esquire."

The said Bill was read the First Time.

Codrington, to take the Name of Bethell, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Christopher Codrington Esquire, now called Christopher Bethell, and his Heirs Male, to take and use the Surname and Arms of Bethell, pursuant to the Will of Slingsby Bethell Esquire, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Spicer and Mr. Edwards:

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

King against Sir E. King.

Upon reading the Petition and Appeal of Henry King of the City of Dublin Esquire; complaining of an Order of the Court of Chancery in Ireland, of the 12th Day of December 1758; and praying, "That the same may be reversed and set aside; and such other Relief given the Appellant as to this House shall seem meet, and as the Nature and Circumstances of the Case may require; and that Sir Edward King Baronet may be required to answer the said Appeal:"

It is Ordered, That the said Edward King may have a Copy of the said Appeal; and do put in his Answer, in Writing, on or before Tuesday the 20th Day of February next; and Service of this Order upon the Clerk in Court, or Attorney of the said Respondent, in the said Court of Chancery in Ireland, shall be deemed good Service.

Crokers against Napper & al.

Upon reading the Petition of Edward Croker and Henry Croker Esquires Appellants, and of John Napper Gentleman and others Respondents, in a Cause depending in this House, which is appointed for Hearing; praying Liberty to withdraw the Appeal, without Costs; the Matters in Difference having been settled by Agreement between the Petitioners:

It is Ordered, That the Appellants be at liberty to withdraw their said Appeal, with the Consent of the Respondents, as desired.

D. Gordon & al. against Gordon:

The House was informed, "That John Gordon, Respondent to the Appeal of Alexander Duke of Gordon and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of William Fraser, One of the Clerks to His Majesty's Signet, of the due Service of the said Order, being read:

Respondent peremptorily to answer.

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

Respondents peremptorily to answer Sinclair's Appeal.

The House was also informed, "That John Earl of Breadalbane and others, Respondents to the Appeal of Francis Sinclair and His Majesty's Advocate for Scotland, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Charles Mitchell Writer in Edinburgh, of the due Service of the said Order, being read:

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

Marlar to enter into Recognizance on Hurne's Appeal.

The House being moved, "That John Marlar of London Merchant may be permitted to enter into a Recognizance for Nicholas Loftus Hume, a Minor, and Nicholas Loftus Esquire, on account of their Appeal depending in this House; they being in Ireland:"

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

Blacker against Mathers, and Hume against Rochford & Ux.:

The House being informed, "That Mr. George Cannon attended, in order to deliver in Copies of Papers and Proceedings, relating to Two Causes depending in this House; in one of which, William Blacker Esquire is Appellant, and Wilsey Mathers Respondent; and in the other, Nicholas Loftus Hume and Nicholas Loftus Esquires are Appellants, and George Rochford Esquire and his Wife are Respondents:"

Pleadings proved.

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

And then he withdrew.

Cooke, Leave for a Bill:

Upon reading the Petition of John Cooke of Stratford in the County of Essex Esquire; praying Leave to bring in a Bill, to dissolve his Marriage with Susanna Cooper, and to enable him to marry again:

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

Bill read.

Accordingly, the Earl of Marchmont presented to the House a Bill, intituled, "An Act to dissolve the Marriage of John Cooke Esquire with Susanna Cooper his now Wise; and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the First Day of February next; and that Notice thereof be affixed on the Doors of this House; and the Lords to be summoned; and that the said John Cooke may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Susanna Cooper may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

Adjourn.

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

DIE Mercurii, 17o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Eliens.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Warwick.
Comes Peterborow.
Comes Marchmont.
Comes Bath.
Comes Northumberland.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Sandys.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Bp. of St. Asaph to preach on Fast Day.

Ordered, That the Lord Bishop of St. Asaph be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the 16th Day of February next, being appointed by His Majesty's Royal Proclamation to be observed as a general Fast.

Wilbraham to take the Name of Bootle, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing, establishing, and confirming, the Surname and Arms of Bootle unto Richard Wilbraham Bootle Esquire, formerly called Richard Wilbraham, and Mary Wilbraham Bootle his Wife, and their Issue, pursuant to the Will of Sir Thomas Bootle Knight, deceased."

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

E. Warwick.
E. Peterborow.
E. Marchmont.
E. Bath.
E. Northumberland.
E. Hardwicke.
L. Abp. Canterbury.
L. B. Ely.
L. B. Sarum.
L. B. St. Davids.
L. B. Gloucester.
L. B. Peterborow.
L. B. Bristol.
L. Willoughby Par.
L. Delamer.
L. Sandys.
L. Ponsonby.
L. Mansfield.
L. Lyttelton.

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

Honington Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Honington, in the County of Warwick."

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

Their Lordships, or any Five of them; to meet on Thursday the 25th Day of this Infant January, at the usual Time and Place; and to adjourn as they please.

Van Straubenzee's Nat. Bill.

Philippus Willem Casimir Van Straubenzee took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Philippus Willem Casimer Van Straubenzee Esquire."

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

Their Lordships, or any Five of them; to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.

Pippard against Corporation of Drogheda; and Blacker against Mathers:

The House being informed, "That Mr. Walter Sweetman attended, in order to deliver in Copies of Papers and Proceedings, in Two Causes depending in this House; in one of which, Henry Pippard Esquire is Appellant, and the Corporation of Drogbeda and others are Respondents; and in the other, William Blacker Esquire is Appellant, and Wilsey Mathers Esquire Respondent:"

Pleadings proved.

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

And then he withdrew.

Blacker against Mathers.

A Petition of Wilsey Mathers Esquire, Respondent in a Cause depending in this House, which is appointed to be heard on Monday next, was presented, and read; setting forth, "That the Messager entrusted with the bringing over the Petitioner's Papers from Ireland has been delayed by Stress of Weather at Sea, and did not arrive in Town till last Night; by reason whereof, it will be impossible to prepare and print the Petitioner's Case, and instruct his Counsel, so as to be ready for the said Hearing by Monday next;" and therefore praying, "That the said Hearing may be put off for Ten Days, or to such Time as their Lordships shall think proper."

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

And being withdrawn:

Ordered, That the hearing of the said Cause be put off to the First Day for Causes after those already in Course appointed.

Scott and Young against Cochran & Ux.

After hearing Counsel in Part, in the Cause wherein Thomas Scott and James Young are Appellants, and James Cochran and Janet Baird his Wife are Respondents:

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

Adjourn.

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

DIE Jovis, 18o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Meneven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Warwick.
Comes Denbigh.
Comes Loudoun.
Comes Marchmont.
Comes Strafford.
Comes Buckinghamsh.
Comes Hertford.
Comes Hardwicke.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Sandys.
Ds. Ponsonby.
Ds. Mansfield.

PRAYERS.

V. Heyden against Verney:

Upon reading the Petition of George Verney Defendant in a Writ of Error depending in this House, wherein Dirk Vander Heyden is Plaintiff; praying, "In regard the Plaintiff hath not assigned Errors within the Time limited by the Standing Orders of this House for that Purpose, that the same may be Nonpros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd, with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non Pros. on the said Writ of Error, as desired, and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

King against Sir E. King.

The House being informed, "That Thomas Cannon attended, in order to deliver in Copies of Papers and Proceedings relating to a Cause depending in this House, wherein Henry King Esquire is Appellant, and Sir Edward King Baronet is Respondent:"

Pleadings proved.

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

And then he withdrew.

Scott and Young against Cochran & Ux.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Thomas Scott of Joanhill and James Young of Netherfield; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 17th of February 1756, the 7th of December 1757, and 2d of February 1758; and praying, "That the same might be reversed or varied; and that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice should seem meet:" As also upon the Answer of James Cochran of Brownside and Janet Baird his Wife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

Adjourn.

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

DIE Lunæ, 22o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Comes Denbigh.
Comes Winchilsea.
Comes Essex.
Comes Shaftesbury.
Comes Marchmont.
Comes Dartmouth.
Comes Gower.
Comes Northumberland.
Comes Hardwicke.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Boyle.
Ds. Hay.
Ds. Edgecumbe.
Ds. Ponsonby.

PRAYERS.

Address of Condolence on the Death of the Princess of Orange.

Ordered, That an humble Address be presented to His Majesty, "Humbly to condole with His Majesty on the Death of that most Excellent Princess His Majesty's Entirely-beloved Daughter the Princess Royal and of Orange; whose many eminent Virtues had rendered her most dear, not only to His Majesty and His People, but also to that Country where His Majesty in His Royal Wisdom had placed her in Marriage; to express our deep Concern for the great Loss which His Majesty and His good Friends and Allies The States General of the United Provinces, have sustained by that unhappy and melancholy Event."

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

Hamersley to enter into a Recognizance on King's Appeal.

The House being moved, "That Mr. Hugh Hamersley may be permitted to enter into a Recognizance for Henry King Esquire, on account of his Appeal depending in this House; he living in Ireland:"

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

Adjourn.

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

DIE Martis, 23o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bath. & Wells.
Epus. Sarum.
Epus. Carliol.
Epus. Meneven.
Epus. Glocestr.
Epus. Landaven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Manchester.
Comes Denbigh.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Marchmont.
Comes Strafford.
Comes Bath.
Comes Buckingham.
Comes Harcourt.
Ds. Abergavenny.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Cathcart.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Sandys.
Ds. Ponsonby.
Ds. Hyde.

PRAYERS.

Wilbraham to take the Name of Bootle, Bill.

The Earl of Bath reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing, establishing, and confirming, the Surname and Arms of Bootle unto Richard Wilbraham Bootle Esquire, formerly called Richard Wilbraham, and Mary Wilbraham Bootle his Wife, and their Issue, pursuant to the Will of Sir Thomas Bootle Knight, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Witnesses to attend, on Cooke's Divorce Bill.

Ordered, That Thomasin Underwood, James Grant, Thomas Palmer, William King, Elizabeth Clarke, Jane Brown, Jane Johnson, Katherine Plummer, Mary Might, Elizabeth Board, and John Board, do attend this House on Thursday the First Day of February next, in order to be examined, as Witnesses, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Cooke Esquire with Susanna Cooper his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

Curzon against Barnwall:

A Petition of Dame Winifred Curson, Appellant in a Cause depending in this House, wherein Frances Barnewall is Respondent, which stands appointed to be heard on Friday next, was presented, and read; praying Liberty to withdraw her Appeal; and humbly submitting to pay such Costs to the Respondent as their Lordships shall think fit.

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

And being withdrawn:

Appeal with drawn.

Ordered, That the Appellant be at Liberty to withdraw her said Appeal, upon Payment of Fifty Pounds Costs to the Respondent.

King's Answer to Address of Condolance on the Death of the Princess of Orange.

The Lord Chamberlain reported, "That the Lords with White Staves had (pursuant to the Order of Yesterday) presented to His Majesty their Lordships Address of Condolance on the Death of the Princess Royal and of Orange; and that His Majesty was pleased to return the following most Gracious Answer:

"His Majesty thanks the House of Lords, for the kind Concern they express for the great Loss he has sustained; and has the justest Sense of this fresh Mark of their Zeal and Duty to Him, and of their Affection for His Family."

Wilford's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Edward Wilford Gentleman with Rachel Norsa his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same:

Counsel were accordingly called in.

And Mr. Nares appearing as Counsel for the Bill; but no Counsel appearing, on Behalf of Mrs. Wilford, against it:

Edward Bowman was called, to prove Service of the Order for giving her Notice of this Proceeding; who, being sworn, acquainted the House, "That on the 6th of December last, he personally served Mrs. Wilford with the Order of this House, and delivered her a true Copy of the Bill."

And then he was directed to withdraw.

Then the said Bill was read a Second Time.

And Mr. Nares was heard, in Support of the Bill; and, in order to make out the Truth of the Allegations thereof, called,

Edward Jackson Clerk, to prove the Marriage; who, being sworn, gave an Account, "That Mr. Wilford was married to Mrs. Rachel Norsa, on the 23d of July 1746, at the Chapel at Roehampton in Surry; and that he was present at the said Marriage."

And then he was directed to withdraw.

And Ann Hipkin, a Servant of Mrs. Wilford's, who had lived with her upwards of Two Years, was called, in order to prove the Criminal Conversation between Mr. John Berkley and Mrs. Wilford; and, being sworn, gave an Account of Mr. Berkley's frequent Visits to Her Mistress, in the Course of the Year 1757, when Mr. Wilford was from Home, and of indecent Familiarities between them; and also of Mrs. Wilford's frequent Visits to Mr. Berkeley, at his Lodgings in Bridge Street, the Back Windows of which are opposite to the Back Windows of Mr. Wilford's House in New Palace Yard; and of her Mistres's directing her to put a Candle in the Back Garret Window, which answers to the Back Garret Window of Mr. Berkley's Lodgings, which she was to take away when her Master came Home, as a Signal to her Mistress; and of her letting Mr. Berkley out of the Garret Window, in order to get in at the Garret Window of his own Lodgings; and that once, when her Master came Home unexpectedly, Mr. Berkley ran down to the Kitchen, and hid himself in the Coal-hole till her Master went out again, and then went up and staid alone with her Mistress, in the Parlour, for some Hours; and that, one Evening particularly, when Mr. Berkley and her Mistress were alone in the Back Parlour, she, being in the Kitchen, heard a Noise of the wheeling of the Easy Chair, which induced her to go up and listen, and, from the Noise of the Chair, and from some Expressions of her Mistress, which she heard, she believed her Mistress was then in the Act of Adultery with Mr. Berkley.

She was directed to withdraw.

And Mary Nash, another Servant also of Mr. Wilford's, was called in, and sworn; and, being examined, gave a like Account; and confirmed the Evidence of the former Witness, as to the frequent Visits and Intercourse between Mr. Berkeley and her Mistress, and great Familiarities between them, and his frequently being alone with her when Mr. Wilford was from Home; and particularly of his coming one Evening, in March 1757, when Mr. Wilford was out of Town, and staying alone with her till Three o'Clock in the Morning; but gave no positive Evidence of her having ever seen them in the Act of Adultery. Being asked as to the Time of Mr. Wilford's parting from his Wife, says, "He put her out of his House on the 10th Day of March 1758; and she has never been there since; and she believes Mr. Wilford has not seen her since."

She was directed to withdraw.

And the said Edward Bowman was called in agin; and produced a Copy of the Verdict obtained against Mr. Berkley, for £. 500 Damages, besides Costs of Suit, upon an Action brought against him by Mr. Wilford in the Court of King's Bench; and acquainted the House, "That he had compared it with the Original; and that it was a true Copy."

And the same was read.

He was directed to withdraw.

Then William Skelton, Register of the Consistory Court of the Bishop of London, was called in, and sworn; and produced the original Definitive Sentence of Divorce of the said Court, against (fn. 1) Mrs. Wilford, for Adultery with the said Mr. Berkley.

And the same was read.

And then he withdrew.

And Mary Nash was called in again; and asked what Children Mr. Wilford had; and says, "He has only Two Sons now living, one upwards of Five, and the other upwards of Three Years old."

She was directed to withdraw.

And no further Evidence being offered, the Counsel was directed to withdraw.

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

And it being moved, in order to drop the Bill, "That a very distant Day may be appointed, for the House to be put into a Committee thereupon:"

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

Treaties with the King of Prussia and Landgrave of Hesse, delivered.

The Earl of Holdernesse, by His Majesty's Command, presented to the House,

"Copy of a Convention between His Majesty and the King of Prussia; concluded and signed at London, the 7th of December 1758;" and Translation.

"Copy of a Treaty, and of a Separate Article belonging thereto, between His Majesty and the Landgrave of Hesse Cassel, concluded and signed at London, the 17th of January 1759;" and Translations.

And the Titles thereof being read by the Clerk:

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

Grant against Forbes.

Upon reading the Petition and Appeal of John Grant Elder of Rothmaise, and John Grant Younger of Rothmaise; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 8th of July 1758; and likewise of Two Interlocutors of the said Lords, of the 5th of this Instant January; and praying, "That the same may be reversed; and that the Appellants may have such other Relief in the Premises as to this House shall seem just; and that Thomas Forbes of Fochabers may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Forbes may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 20th Day of February next; and Service of this Order upon his known Agent before the Court of Session in Scotland shall be deemed good Service.

Givan against Simpson.

Upon reading the Petition and Appeal of Alexander Givan; complaining of an Interlocutor of the Lords of Session in Scotland, of the 17th of January 1758; and of another Interlocutor of the said Lords, adhering thereto, of the 2d of March 1758; and also of Two Interlocutors of the Lord Ordinary, of the 6th of December 1758, and 16th of this Infant January; and praying, "That the same may be reversed, varied, or amended; and that the Appellants may have such Relief in the Premises as to their Lordships shall seem meet; and that Agnes Simpson may be required to answer the said Appeal:"

It is Ordered, That the said Agnes Simpson may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Tuesday the 20th Day of February next; and Service of this Order upon her known Procurator or Agent in the Court of Session in Scotland shall be deemed good Service.

Adjourn.

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

DIE Jovis, 25o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Landaven.
Ds. Custos Magni Sigilli.
Comes Huntingdon.
Comes Denbigh.
Comes Marchmont.
Comes Hertford.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Boyle.
Ds. Hay.
Ds. Sandys.

PRAYERS.

Sinclair against the E. of Breadalbane.

The Answer of John Earl of Breadalbane, Sir William Dunbar, Sir William Sinclair, and George Sinclair, to the Appeal of Francis Sinclair and His Majesty's Advocate for Scotland, was brought in.

Honington Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Honington, in the County of Warwick," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Stranbenzee's Nat. Bill.

The Lord Hay reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Philippus Willem Casimir Van Straubenzee Esquire," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Wilbraham to take the Name of Bootle, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing, establishing, and confirming, the Surname and Arms of Bootle unto Richard Wilbraham Bootle Esquire, formerly called Richard Wilbraham, and Mary Wilbraham Bootle his Wife, and their Issue, pursuant to the Will of Sir Thomas Bootle Knight, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

E. of Rothes against Philip.

Upon reading the Petition and Appeal of John Earl of Rothes; complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th of December 1758; and of an Interlocutor of the Lord Ordinary, of the 4th of January 1759; and praying, "That the same may be reversed or varied; and that the Appellant may have such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that John Philp may be required to answer the said Appeal:"

It is Ordered, That the said John Philp may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 22d Day of February next; and Service of this Order upon his Counsel, Agent, or Agents, before the Court of Session in Scotland, shall be deemed good Service.

Causes removed.

Ordered, That the Cause which stands appointed for Monday be put off to Wednesday next; and that the other Causes be removed in Course.

Adjourn.

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

DIE Martis, 30o Januarii.

Domini præsentes fuerunt:

Epus. Sarum.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Glocestrien.
Epus. Cicestrien.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.

PRAYERS.

King against Sir E. King:

The House being informed, "That Mr. George Cannon attended, in order to deliver Copies of Papers and Proceedings relating to a Cause depending in this House, wherein Henry King Esquire is Appellant, and Sir Edward King Baronet Respondent:"

Pleadings proved.

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

And then he withdrew.

Then, in order to proceed to the Abbey Church, Westminster, to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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

DIE Mercurii, 31o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Somerset.
Comes Denbigh.
Comes Winchilsea.
Comes Marchmont.
Comes Aylesford.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Sandys.
Ds. Bruce.
Ds. Ponsonby.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

King against Sir Ed. King.

The Answer of Sir Edward King Baronet, to the Appeal of Henry King, was brought in:

Anderson against Anderson.

As was also, the Answer of James Anderson, to the Appeal of Robert Anderson Mason in Beith.

Thanks to the Bp. of Bristol for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bristol, for the Sermon by him preached before this House, Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Honington Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Honington, in the County of Warwick."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Straubenzee's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Philippus Willem Casimir Van Straubenzee Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Mearns & al. against Farquharson & al.

The House being moved, "That Monday the 19th Day of February next may be appointed, for hearing the Cause wherein Patrick Mearns and Charles Grant are Appellants, and James Farquharson and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 19th Day of February next, as desired.

Sinclair & al. against E. of Breadalbane.

The House being moved, "That Wednesday the 21st Day of February next may be appointed, for hearing the Cause wherein Francis Sinclair and His Majesty's Advocate are Appellants, and John Earl of Breadalbane and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 21st Day of February next, as desired.

E. of Blesinton against Monsel & al. et è contra.

A Petition of William Earl of Blesinton, Appellant in an Original Appeal, to which William Monsell and George Tuthill and others are Respondents; and of the said William Monsell and George Tuthill, Appellants in a Cross Appeal, to which the said Earl of Blesinton and others are Respondents; which Causes stand appointed to be heard on Friday next, was presented, and read; setting forth, "That the Draught of an Agreement between the Parties is under the Consideration of Counsel; but, by reason of the late Interruption of the Correspondence between England and Ireland, by the Detention of the Mails by contrary Winds, the same hath not been yet perfected;" and therefore praying, "That the Hearing of the said Causes may be put off till Wednesday the 21st Day of March next."

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

And being withdrawn;

Ordered, That the Hearing of the said Causes be put off till Wednesday the 21st Day of March next, as desired.

Lostus Home against Rochford & Ux.; and King against King:

The House being informed, "That Mr. Edward Barry attended, in order to deliver in Copies of Papers and Proceedings, in Two Causes depending in this House; in one of which, Nicholas Loftus Hume is Appellant, and George Rochford and his Wife are Respondents; and in the other, Henry King Esquire is Appellant, and Sir Edward King Baronet is Respondent;"

Pleadings proved.

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

And then he withdrew.

Urquhart to enter into a Recognizance on Grants Appeal.

The House being moved, "That Mr. George Urquhart may be permitted to enter into Recognizance for John Grant the Elder and John Grant the Younger, on account of their Appeal depending in this House; he living in Scotland:"

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

Wilson to enter into a Recognizance on Givan's Appeal.

The House being moved, "That Mr. John Wilson of Gray's Inn may be permitted to enter into a Recognizance for Alexander Givan, on account of his Appeal depending in this House; he living in Scotland:"

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

His Majesty's Advocate against Bayne & al.

Upon reading the Petition and Appeal of Robert Dundas of Arniston Esquire, His Majesty's Advocate, for His Majesty's Interest; complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of this Instant January; and praying, "That the same may be reversed, varied, or altered; and that the Appellant may have such other Relief in the Premises as to their Lordships shall seem just; and that Colin Bayne of Culbo, John Mackenzie of Meddat, Sir Thomas Calder of Muirtoun, Archibald (fn. 2) Stewart, Catherine Mackenzie, Kenneth (fn. 2) Mackenzie of Langwell, William Dick of Grange, Hugh Ross Merchant in London, and William Scot Mason in Pittenween, may be required to answer the said Appeal:"

It is Ordered, That the said Colin Bayne, John Mackenzie, Sir Thomas Calder, Archibald (fn. 2) Steuart, Catherine Mackenzie, Kenneth (fn. 2) Mackenzee, William Dick, Hugh Ross, and William Scot, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of February next; and Service of this Order upon any of their Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

Littlejohn against Straiton.

After hearing Counsel in Part, in the Cause wherein Alexander Littlejohn is Appellant, and Arthur Straiton is Respondent:

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

Cooke's Divorce, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Cooke Esquire with Susanna Cooper his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," and hearing of Counsel for and against the same, which is appointed for Tomorrow, be put off till Friday next; and that the several Persons, who were ordered to attend as Witnesses upon the said Second Reading, do then attend.

Adjourn.

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

Footnotes

1 Origin. Mr. Wilford.
2 Sic.