Die Lunæ, 8 Martii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
|
|
| Ds. Lyndhurst. Cancellarius. |
Epus. Glocestr.
Vicecom. Arbuthnott.
Vicecom. Torrington.
Vicecom. Goderich.
Ds. Stourton.
Ds. Clifton.
Ds. Gower.
Ds. Colville of Culross.
Ds. King.
Ds. Holland.
Ds. Vernon.
Ds. Calthorpe.
Ds. Rolle.
Ds. Redesdale.
Ds. Melbourne.
Ds. Prudhoe.
Ds. Glenlyon.
Ds. Bexley.
Ds. Wharncliffe.
Ds. Wynford. |
Comes Bathurst, Præses.
Comes Rosslyn, C. P. S.
Dux Wellington,
March. Camden.
Comes Westmorland.
Comes Essex.
Comes Shaftesbury.
Comes Rosebery.
Comes Tankerville.
Comes Stanhope.
Comes Fitzwilliam.
Comes Norwich.
Comes Malmesbury.
Comes Wicklow.
Comes Limerick.
Comes Gosford.
Comes Charleville.
Comes Cawdor. |
PRAYERS.
Mac Intyre et al. v. Mac Donald & Lawson.
The Answer of Coll Mac Donald Esquire, of Dalness,
Writer to the Signet in Edinburgh, and John Lawson
Esquire, Writer to the Signet there, to the Petition and
Appeal of Christian, Margaret, William, Donald and
Robert Mac Intyre, the surviving Children of the deceased
Duncan Mac Intyre, Tenant in Benmore, afterwards in
Dunaurn, and Donald Mac Intyre at Wester Dunaurn,
Peter Mac Intyre at Dalcathy, and James Mac Naughton
at St. Fillians, Tutors and Curators nominated to them
and for Margaret Mac Naughton or Mac Intyre, Widow
of the said Duncan Mac Intyre, was this Day brought in.
Grahame v. Jolly.
As was also, The Answer of Mr. Stewart Jolly in
Morphie to the Petition and Appeal of Francis Grahame
Esquire, of Morphie, in the County of Kincardine.
The Ld. Provost of Edinburgh et
And also, The Answer of William Bruce, Merchant in
Edinburgh, and others, to the Petition and Appeal of
* This Evidence is inserted in the Appendix to this Volume. Appendix,
No. 1.
al. V. Bruce et. al.
The Right Honorable Walter Brown, Lord Provost of the
City of Edinburgh, and others, for themselves and their
Successors in Office, as representing the whole Council
and Community of the said City, and Patrick Sandeman,
Collector of the City of Edinburgh's Shore Dues at
Leith.
Vesey v. Bodkin:
After hearing Counsel, as well on Friday last as this
Day, upon the Petition and Appeal of George Vesey,
now residing at 51, Cadogan Place, Chelsea, in the County
of Middlesex, complaining of an Order of the Court of
Exchequer in Ireland, of the 7th Day of May 1825;
and praying, "That the same might be reversed, or that
the Appellant might have such other Relief in the
Premises, as to this House, in their Lordships great
Wisdom, should seem meet;" as also upon the Answer
of John Bodkin put in to the said Appeal; and due Consideration had of what was offered on either Side in this
Cause:
Order Reversed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Order complained of in the said Appeal, be, and the same
is hereby Reversed.
Franklin & Gough v. La Touche et al.
Ordered, That the Hearing of the Cause wherein John
Franklin and Richard Franklin Gough are Appellants, and
Robert La Touche Esquire, and others, are Respondents,
which stands appointed for this Day, be put off to Friday
next.
Sir A. Chichester v. M'Intyre.
Ordered, That the Hearing of the Cause wherein Sir
Arthur Chichester Baronet is Appellants, and Charles
M'Intyre is Respondent, which stands appointed for this
Day, be put off to Friday next.
Bouchier et al. v. Dillon et al.
Ordered, That the Hearing of the Cause wherein
William Bouchier, and others, are Appellants, and Susanna
Dillon, and others, are Respondents, which stands appointed for this Day, be put off to Friday next; and that
the said Cause be heard after the last-mentioned Cause.
Shakerley's Divorce Bill.
The Order of the Day being read for the further
Consideration and Second Reading of the Bill, intituled,
"An Act to dissolve the Marriage of Charles Peter
Shakerley Esquire, of the Parish of Egham, in the
County of Surrey, with Laure Angelique Rosalbe
Shakerley his now Wife, and to enable him to marry
again; and for other Purposes therein mentioned;"
and for the Lords to be summoned;
Counsel were accordingly called in:
And Mr. Adam and Mr. Alderson appearing as Counsel
on Behalf of the Petitioner;
Francois Julien Amable le Vasseur was called in and
sworn, and examined as follows, through the Interpretation of Samuel Albert Muller:
(By Counsel.) "Are you acquainted with Madame
Shakerley?"
"Yes."
"How long have you known her?"
"Three Years and a Half."
"Were you ever in her Employment as a Servant?"
"Yes."
"When did you enter into the Service of Madame Shakerley?"
"The 29th of December 1826."
"Where was Madame Shakerley residing at that
Time?"
"At her Father's, the Hotel D'Avaray."
"In Paris?"
"Yes."
"Are you acquainted with The Marquis D'Herrera?"
"Yes."
"When did you first become acquainted with the
Marquis?"
"About Five Weeks after the Arrival of the Marchioness at Paris."
"When did Madame Shakerley arrive at Paris?"
"The 30th of December 1826."
"Are you still in the Service of Madame Shakerley?"
"No."
"When did you quit her Service?"
"The 15th of May 1827."
"On what Occasion did you quit her Service?"
"Because she went to her Father's in the Country,
and had no further Occasion for my Services."
"Did you receive any Character from Madame Shakerley or the Duke her Father?"
"Mrs.Shakerley gave me a Character, and The Duke
D'Avaray likewise."
(By a Lord.) "Was that Character in Writing?"
"Yes."
(By Counsel.) "Have you got that about you?"
"I have."
"Will you produce it?"
The same was delivered in, and read as follows;
"Je certifie que le nommé Le Vasseur est un tres bon
Sujet, et que j'ai connu des personnes qu'il a servi qui
ont été parfaitement contents de lui.
"Le Mis
D'Avaray.
"Paris, le 8 Maii 1827."
(By a Lord.) "Whose Servant were you?"
"Mrs. Shakerley's."
"Were you hired in Paris?"
"Mr. Shakerley's Valet de Chambre introduced me
into the Service."
(By Counsel.) "How came you to be employed by
Madame Shakerley?"
"I received a Notice from the Servant of Mr. Shakerley,
who wrote to me from London, that Mrs. Shakerley
would have Occasion for a Servant, and wished to know
whether I would go into her Service for about Five or
Six Months."
"In consequence of that did you go to the Hotel
D'Avaray?"
"In consequence I went to wait for her at the Hotel
D'Avaray, on the 29th of December."
"And entered into her Service immediately?"
"Yes, and then I went into her Service."
"You continued there as long as she resided in
Paris?"
"Yes."
"From whom did you receive that Paper?" (The Character.)
"From The Duke D'Avaray, the Father of the
Lady."
"Upon the Occasion of your quitting his Daughter's
Service?"
"Yes."
"At any Time after you entered into the Service of
Madame Shakerley, did you receive any Letter to take
to The Marquis D'Herrera?"
"From whom?"
"From any body."
"I received a great many Letters from different
People."
"How early after your entering into Madame Shakerley's Service did you receive any Letter to take to The
Marquis D'Herrera?"
"Fifteen Days after I entered into the Service."
"From whom did you receive it?"
"From the Marchioness's Waiting-woman."
(By a Lord.) "Whose Handwriting is that?" (The
Character.)
"I did not see him write it, but it was delivered to me
by The Duke D'Avaray."
"Have you ever seen the Duke write?"
"No, I never have seen him write."
"Do you know whether that is the Mode in which he
signs his Name?"
"No, I have never seen it; I have seen the same
Name written; I did not see whether it was he who
wrote it."
(By Counsel.) "Do you believe it to be The Duke
D'Avaray's Handwriting; have you means of Knowledge upon that Subject?"
"The Marquis gave it to me myself, upon the Occasion
of his going to St. Cloud."
"You have stated that you received a Letter from the
Femme de Chambre of The Marchioness D'Avaray, to
take to The Marquis D'Herrera?"
"Yes, I did."
"Do you remember when it was; was it the End of
January, the Beginning of February, or when?"
"It was in the Course of the Month of February;
about the 15th."
"Was that, to the best of your Recollection, the earliest
Date at which you received a Letter to take to The
Marquis D'Herrera?"
"That was the first I received, and I brought back an
Answer."
"From whom did you receive the Answer?"
"From The Marquis D'Herrera himself."
"To whom did you deliver that Answer?"
"On returning, I gave it to the Femme de Chambre
of Madame, who gave it to Madame immediately."
"What was her Name?"
"Louise Comment."
"At any subsequent Time did you take any Letter
from Madame Shakerley herself to The Marquis
D'Herrera; any Letter delivered by her into your
own Hand?"
"Certainly."
"How often?"
"Every Two or Three Days; when the Waitingwoman was not there, it was to myself the Marchioness
gave those Letters."
(By a Lord.) "Did The Marquis D'Herrera visit The
Marquis D'Avaray; did he visit at the Hotel?"
"Yes, he did."
"He was an Acquaintance and Friend of The Marquis
D'Avaray?"
"He dined there very frequently."
"Did he dine there very frequently with The Marquis
D'Avaray?"
"Yes; with the Marquis, the Marchioness, and the
Daughter, Mrs. Shakerley."
"Did he dine there frequently?"
"Five or Six Times while I remained there; but very
frequently he came to pass the Evening there."
(By Counsel.) "On the Days on which he did not
dine there?"
"Very frequently, when he dined there, he remained
and passed the Evenings there; and when he had not
dined there, he came to pass the Evening there."
(By a Lord.) "To visit the Marquis?"
"Yes, to the Family generally."
(By Counsel.) "On those Occasions on which you
took Letters from Madame Shakerley to The Marquis
D'Herrera, did you take any Answer back again?"
"Sometimes I brought back an Answer; but sometimes, on the contrary, they were sent by a
Messenger."
"How were those Answers which you took back
yourself to Madame Shakerley directed?"
The Counsel were informed, "That that Question
could not be put, consistently with the Rules of
Evidence."
"Where did The Marquis D'Herrera live?"
"No. 51, Rue de Provence."
"Do you remember, after having taken the last Letter
to The Marquis D'Herrera, and having taken back the
Answer, Madame Shakerley going any where?"
"I do not remember particularly on the first Occasion;
but a Day or two afterwards she did go to the Rue
de Provence, and then to dine at Verey's at the Palais
Royal."
"Did you go with her?"
"I did."
"How did Madame Shakerley go to the Rue de
Provence; in what Conveyance?"
"In a hired Coach."
"Did you accompany her; did you attend her as her
Footman?"
"Yes, I did."
"Do you know whether Madame Shakerley had
the Use of the Marquis D'Avaray's Carriages and
Horses?"
"Sometimes she used her Father's Carriage, and
sometimes she used a Job Carriage; but whenever she
went to the Marquis D'Herrera's she had a hired
Carriage."
"Do you know whether Madame Shakerley had the
Command of The Marquis D'Avaray's Carriages whenever she pleased to order them?"
"Not absolutely always; but generally she had,
because there were Two or Three Carriages in the
House."
"Were there Two or Three close Carriages belonging
to The Marquis D'Avaray?"
"There was a Landau and a Calash, and a Chariot
belonging to the Grandfather likewise."
"All at the Hotel?"
"Yes; there were Six Horses at the Hotel."
"Do you know whether Madame Shakerley used alt
those Carriages from Time to Time; each of them?"
"She used the Chariot in the Winter-time."
"Did she not use the Calash?"
"No; she never used that."
"At what Time of the Day was it that Madame
Shakerley went to the Rue de Provence in the Remise?"
"To go to dine; it was about Half past Five in the
Evening."
"Did any body accompany her besides you?"
"No."
"When she arrived at the Rue de Provence, what
Orders did you receive from Madame Shakerley?"
"That I was to go up and tell The Marquis D'Herrera
that she was in waiting for him."
"Did you go up Stairs; or what did you do?"
"I speak of the first Time when this occurred. I went
up Stairs to see the Marquis, and met him on the
Staircase, and told him; he then went into the Carriage
- Mrs.Shakerley's Carriage, and went to Verey's, the
Restaurateur."
"Did you continue in waiting while they were at
Verey's?"
"I remained at the Door with the Carriage."
"How long did they remain at Verey's?"
"Two Hours and a Half, or Three Hours."
"When they came out, where did they go then?"
"I think, as far as I recollect, they went to make a
Tour on the Boulevard."
(By a Lord.) "Verey's is a Place where People dine,
is it not?"
"Yes, a Restaurateur."
"A great many People dine there in public Rooms;
both Men and Women together?"
"Yes."
(By Counsel.) "How long did they continue together
on the Boulevard?"
"Till Half past Ten."
"Where did they go then; did Madame Shakerley
go Home to the Hotel d'Avaray; or where did she
go to?"
"She left The Marquis D'Herrera at his House, and
returned to her Father's."
"Were you in the House at Verey's while they were
at Dinner?"
"I was waiting at the Door."
"You do not know whether they dined in a private
Apartment at Verey's, or in the public Room?"
"I only know that they dined in a Room up Stairs;
but I do not know whether it was a private Room or
not."
(By a Lord.) "Do not you know that one of the
public Rooms in which People dine is up Stairs?"
"There is one above, and one below; there are a
great many small Rooms up Stairs for dining."
(By Counsel.) "After this particular Transaction you
have related, do you remember Madame Shakerley
going at any other Time to The Marquis D'Herrera's
Lodgings in a Remise?"
"I went several Times. Mrs.Shakerley never went
up Stairs to the Marquis; but she has been several
Times to the Door in a Remise."
"Did any body accompany Madame Shakerley on any
of those Occasions except you?"
"Never."
"Upon her arriving at the Marquis's Lodgings, where
did she go?"
"She very often went away then in the Carriage of
The Marquis D'Herrera, and told me to come back at
Ten, or Half past Ten, with her Carriage."
"Did they drive away together?"
"Yes, they went away together, either in The Marquis
D'Herrera's Carriage or her own."
"By her own, do you mean her Remise, or the Carriage
belonging to Mrs. Shakerley?"
"Sometimes in her own Carriage, because The Marquis
D'Herrera had a hired Carriage there."
"How often do you think you have accompanied
Madame Shakerley in the Way you have latterly
described?"
"Fifteen or Twenty different Times."
"During what Period of the Year did this continue;
for how long?"
"He arrived there about the End of February, and it
continued about Four Months."
"Can you recollect whether it was the Beginning or
the End of February that The Marquis D'Herrera
arrived?"
"He arrived the Twenty-ninth of January; One Month
after Madame Shakerley."
"Madame Shakerley arrived the End of December,
and The Marquis D'Herrera the End of January?"
"Yes."
"At what Time did Madame Shakerley leave Paris?"
"She left the 5th of May; and I remained about
Three Weeks after that, understood to be in her Service,
because I waited Mr.Shakerley's Arrival."
"Who desired you to wait until Mr.Shakerley's
Arrival?"
"It was in consequence of a Letter."
"Did you see the Letter?"
"Mrs.Shakerley shewed me the Letter; it was a few
Lines, saying, you may set off at such a Time to your
Father's."
"Did she desire you to remain 'till Mr.Shakerley
arrived?"
"Yes; I was to remain 'till he came; and he came
about Three Weeks afterwards."
"It was in consequence of those Orders of Madame
Shakerley you remained 'till his Arrival?"
"Yes."
(By a Lord.) "Did you receive any Directions from
Mrs. Shakerley to keep secret these Circumstances you
have mentioned?"
"Yes, I did."
"What did she say to you?"
"The only thing she told me was, to desire me not to
say where she had been to the other Servants in the
House."
"When did she tell you that; how soon?"
"The same Day; the same Night she told me that."
"She told you, you must not mention this to the other
Servants?"
"Yes; it was the Femme de Chambre that told me
that."
"Not Mrs. Shakerley?"
"Upon subsequent Occasions Mrs. Shakerley said so
to me; because I perceived the Servants were aware
of something going on, and I told her that the Servants
perceived it, and she then said, you must not say any
thing about it."
"Did she give you any Money at that Time?"
"No, never; about a Year after I left her Service I
was ill, and she sent me Forty Francs."
"Did she know any thing of you before you entered
into her Service; had she any previous Knowledge
of you?"
"No, she did not know me; I had seen her, but she
did not know me."
(By Counsel.) "About this Time was Madame
Shakerley in the habit of going out early in the Morning
at any Time?"
"Almost every other Day she went out about Half
past Seven in the Morning."
"Did you go with her?"
"No; she went alone."
"Do you mean in February and March; in that Time
of the Year?"
"As the Days lengthened she went out a little
earlier."
"Was it Day light when she went out at first?"
"Not the first Time she went out; when the Days
were very short it was probably about Eight o'Clock."
(By a Lord.) "Was that about the first Week in
March?"
"Afterwards, at the End of April, it was hardly more
than about a Quarter past Six in the Morning."
(By Counsel.) "As the Days grew longer, Madame
Shakerley went out earlier?"
"Yes."
"In what Part of the Hotel D'Avaray were Madame
Shakerley's Apartments situate; were they in the main
Body of the Hotel, or in a detached Part?"
"Her Apartment was over the Stables; not in the
Body of the House, but on the Side of the House, over
the Stables."
(By a Lord.) "Were those the Apartments she had
always occupied when she was at Paris with her
Father?"
"I believe so; I had not known her before that; I
understood that was where she ordinarily lived."
(By Counsel.) "Were they situate very near the Porter's
Lodge?"
"The Porter's Lodge was on the Left; and immediately after you came to a Staircase, which led up to
the Apartments of Madame Shakerley."
"Is the Hotel D'Avaray situated in a Court-yard?"
"In a very large Yard."
"Is there a Porte Cocher?"
"Yes, a large Gate."
"And the Porter's Lodge is in the Left Hand of the
Gateway as you go in?"
"Yes, just so."
"How far from the Porter's Lodge, and from the
Gateway, is this Staircase you have mentioned?"
"The Distance from here to the Fireplace."
"How large is the Court-yard?"
"As big again as this Room."
"How far is the principal Entrance into the Hotel,
the Door from the Porter's Lodge and from the Porte
Cocher?"
"Nearly the Length of this Room."
"Can a Person going up the Staircase you have mentioned get to Madame Shakerley's Apartments without
going near the main Body of the Hotel?"
"It was all the Distance I have named from the
Hotel itself; any Person going up would be seen from
thence if there was any body there; it was an open
Court."
(By a Lord.) "Are there several Staircases in the
Court-yard?"
"There was a large Staircase that went up to the
Apartments of the Marquis himself; above that there
was another Staircase which went all round the
Building, and came round to the Apartments of
Mrs. Shakerley."
"Was that large Staircase in the Body of the Hotel?"
"Yes."
"That was on the other Side of the Court-yard from
the small Staircase by which you might get to Madame
Shakerley's Apartments?"
"Yes, that was the other Side of the Court-yard."
"And within the Hall?"
"Within the Vestibule."
"That was an internal Staircase within the Body of
the House?"
"Yes."
"Was there any external Staircase except this which
led to Madame Shakerley's?"
"There was another Staircase, a small Staircase by the
Side of the Kitchen, which went up likewise to the
Apartment of Mrs. Shakerley; but it was only the
Servants who used that."
"Should you understand a Plan, if it was shewn to
you?"
"I think perhaps I might; I am not certain."
"Does that now before you (a Plan being shewn to the
Witness) represent the Court-yard, and the Groundfloor?"
"This is the Porter's Lodge; this is where is the
principal Entrance to the House." (Pointing them out
on the Plan.)
"Does it represent accurately the Ground Plan of the
Porte Cocher, the Staircase and the Porter's Lodge?"
The Witness pointed out the different Places.
"Is this an accurate Plan of the Porte Cocher, the
Porter's Lodge, and the Staircase to Madame Shakerley's
Apartments?"
"Yes."
"Does that Plan, where the Cross is marked, represent correctly where the Staircase is situate?"
"Yes."
"Look at the other Plan, and state whether that
accurately represents the upper Story of the Apartments of Madame Shakerley?" (The same being shewn
to the Witness.)
"This is the Corridor." (Pointing it out.)
(By a Lord.) "Opposite the Porte Cocher was the
grand Staircase?"
"Directly facing it; if the Hotel Door was open, you
saw the grand Staircase."
"On the Side of the Porte Cocher there was a small
Staircase that went up to Mrs. Shakerley's Apartment?"
"You must go under the Archway."
"Then you would turn to the Left?"
"Yes."
"Then you would go up the Staircase that led to
Mrs. Shakerley's Apartments?"
"Yes, that is so."
"Was your Room next to Mrs. Shakerley's?"
"It was facing."
"Was the Room of the Femme de Chambre contiguous
to Mrs. Shakerley's?"
"The Passage separated them."
"Was your Room also on the other Side of the Passage?"
"Yes; on the other Side of the Corridor."
"Did that Corridor lead round the Hotel?"
"Yes; it went all round it."
"Was there any Staircase that communicated from the
Court-yard to that Corridor?"
"That small one by the Kitchen."
"That was all; was it?"
"And the grand Staircase; that was all."
"That Corridor communicated with the principal
Rooms of the Hotel?"
"Yes."
(By Counsel.) "Did any body else occupy Apartments near Madame Shakerley's at that End of the
Corridor?"
"No; nobody else."
"Who cleaned Madame Shakerley's Room; who had
Charge of it, and made the Bed?"
"It was I myself and the Chambermaid."
"Nobody else?"
"No; nobody else."
"How long used Madame Shakerley to remain out
when she went out early in the Morning in the Way
you stated?"
"She always came back at Ten or Half past Ten to
breakfast with her Family."
"Did any body go out with her?"
"Never; she came back alone, and changed her Dress,
perhaps took off her Pelisse, and went down to breakfast
with her Family."
"Did you ever hear Madame Shakerley give any
Directions as to what should be said if she was enquired
for during her Absence?"
"Yes, I have."
"What were those Directions?"
"She desired that if her Parents were to ask for her
we should say that she was fatigued, and that she was
in her Apartment; and not to let any body come in."
"Was any thing done with the Blinds of her Apartment on those Occasions?"
"Her Window looked into the Court; and when she
went out, she never opened the Blinds."
"You have stated that The Marquis D'Herrera several
Times dined at The Marquis D'Avaray's, and several
Times came in the Evening?"
"Yes."
"When The Marquis D'Herrera went away, where did
his Carriage draw up?"
"Sometimes he remained, and slept in the Hotel; and
on other Occasions he ordered his Carriage to draw up
at the Steps of the Hotel, and then gave Orders to the
little Lacquey who attended him to open the Door,
and then shut it up again; and then The Marquis
D'Herrera pretended to get into the Carriage, made
believe that he got into the Carriage, then went up
into the Apartment up the little Staircase."
"When you say that he slept in the Hotel, do you mean
the Body of the Hotel where The Marquis D'Avaray
resided, or in the Apartment of Madame Shakerley?"
"In the Apartment of Madame Shakerley."
"Did he ever sleep in the Body of the Hotel, where
the Family in general resided?"
"On One Occasion he slept in the Body of the
House, because Madame Shakerley came back from the
Country, after having been absent; and she then
slept in the Apartment of her Father, and he slept
there with her."
"Did he ever sleep in the Body of the Hotel, where
the Family in general resided?"
"The first Time that he slept there he slept in the
Apartment of Mrs. Shakerley."
"Did he at any Time sleep in the Body of the
Hotel?"
"Once only; the last Time that he slept in the
House."
"Upon what Occasion was that?"
"Because there was nobody in the House; and I suppose it was more convenient to sleep in the Apartment
of the Father, which was larger."
"Did Madame Shakerley, on that Occasion, sleep in
the Body of the Hotel?"
"Yes."
"You say that no other Part of the Family were in the
Hotel upon that Occasion?"
"There was nobody but Mrs. Shakerley, myself, the
Porter, and the Femme de Chambre. I was there,
because she asked me whether I could remain there
some Time longer to serve her. She had written from
the Country to ask whether I could attend her for a
few Days while she remained in Paris."
"How often do you think The Marquis D'Herrera
slept in the Apartment of Madame Shakerley?"
"Five or Six Times."
"When The Marquis D'Herrera slept in Madame
Shakerley's Apartment, do you know where she slept?"
"She slept in the same Room?"
"Do you know whether any Clothes were brought
upon those Occasions to The Marquis D'Herrera?"
"Yes; the first Time that he slept there he gave me a
Letter in the Morning to take to his Valet de Chambre; and the Valet then gave me a Package, in which
was a Great Coat and Boots and Pantaloons."
"What did you do with the Pantaloons and the
Boots?"
"I took them into the Apartment of Madame Shakerley, and delivered them to him."
"Did you see the Marquis there?"
"Yes; I saw him, and delivered them to himself in
the Chamber."
"The next Morning did you take away any Clothes?"
"Yes; about Noon on the following Day I took away
the Clothes he had left."
"What Clothes were those he had left?"
"The Clothes he left there-There were a Coat and
Black Pantaloons."
"Were those the Clothes he had worn the Evening
before?"
"Yes, they were."
"Do you state that upon the Occasion when the
Morning Dress was brought, which you delivered to
the Marquis the next Day, you took away the Dress
the Marquis had worn on the Evening before?"
"I carried them to his House; the Clothes he had
worn in the Evening Party the Evening before."
(By a Lord.) "Did you see the Marquis in Mrs. Shakerley's Room in the Evening?"
"It was I myself who let him in."
"Was Madame Shakerley there at the Time?"
"No, she was not; she came in afterwards."
"Did you see her come in?"
"Yes, I did."
"At what Time in the Evening did you see The
Marquis D'Herrera go into Mrs. Shakerley's Room?"
"At Half past Ten."
"How soon afterwards did Mrs. Shakerley come to
him?"
"Five or Six Minutes afterwards."
"At what Time in the Morning was it you saw the
Marquis again?"
"I saw him about Nine o'Clock."
"In Mrs. Shakerley's Room?"
"Yes, in the Apartment."
"Was he dressed?"
"He was not dressed; he had his Pantaloons on, but
he sent me for his Dress."
"Had he no Coat or Waistcoat on?"
"He had not his Coat nor his Boots on, but he had
his Waistcoat on."
"Was The Duke D'Avaray at that Time living in the
Hotel?"
"Yes."
"And The Duchess D'Avaray and Family?"
"Yes, all the Family."
"Had the Marquis dined there that Day?"
"I do not recollect whether he dined there, or only
came to the Evening Party."
"Could he go in or out without the Porter seeing
him?"
"No, he might go out in the Morning; if the Court
Gate was open, and nobody was there by it, he might
go out unperceived; he had no Occasion to knock."
(By Counsel.) "Did you ever receive Instructions to
go to see whether the Marquis could get out without
being observed, before the Marquis went away?"
"Each Time, when I was going out, he desired me
to go into the Court to see whether any body observed
him."
(By a Lord.) "Did he give you Money to conceal
these Things?"
"Sometimes he gave me some Trifle."
"Did he tell you not to say any thing about these
Things?"
"Yes; he desired me not to say any thing about it to
any body."
"Did he give you Money at the Time he told you
this?"
"Sometimes he gave me Ten or Fifteen Francs."
(By Counsel.) "You have stated that the Marquis's
Lacquey pretended to shut the Carriage Door; why
do you say that he pretended to shut the Carriage
Door?"
"He let down the Steps as if the Marquis was going
to get into the Carriage, and frequently then he went
up the Staircase to those Apartments; and he shut up
the Door again, and called out to the Coachman to
drive on."
"Did the Lacquey go with the Carriage?"
"Yes."
"As if the Marquis had been in the Carriage?"
"Yes, just so,"
(By a Lord.) "Is the Lacquey a Frenchman?"
"I believe he was a Spaniard."
(By Counsel.) "What was his Name?"
"Francois Paix."
"What was the first Occasion you recollect the Marquis slept at Madame Shakerley's Apartment, when his
Clothes were sent for, as you have described them to
be on one Occasion?"
"The Second Time that he remained there, he remained
all the following Day."
"Did any body take Breakfast to him the following
Day?"
"Yes, I took Breakfast to the Marquis in Mrs. Shakerley's Apartment."
"Did any body take Dinner to him?"
"I likewise took his Dinner to him."
"Where did you get it?"
"I got it at the Restaurateur, Rue St. Marc."
"What was the Name of the Restaurateur where you
got it?"
"I do not recollect the Name. I took a cold Fowl."
"Who gave you Orders to get Breakfast and Dinner?"
"The Marquis gave Orders; and the Chambermaid of
Mrs. Shakerley made the Breakfast for him."
"Louise Comment?"
"Yes."
"The next Morning, the Second Morning, did the
Marquis go away, or what became of him?"
"He remained; he slept there the Second Night, and
the next Morning went away, about Half past Ten,
I think."
"Had he any Morning Dress the Second Day?"
"The Lacquey sometimes brought a Package in the
Carriage when he came-a Package of Clothes."
"What was done with that Package which was brought
in the Carriage?"
"The little Lacquey took the Package from the Carriage of the Marquis, and took it up Stairs to my
Apartment."
"What did you do with it?"
"The next Morning the Marquis asked me for it, and
I gave it to him."
"On any other Occasion were you ever sent for the
Marquis's Clothes?"
"No; only on One Occasion."
"Did you, in the Course of the Night, on any Occasion, hear Voices in Madame Shakerley's Room on the
Nights when The Marquis D'Herrera was there?"
"Yes; my Apartment being immediately facing
Mrs. Shakerley's, nothing but the Wainscot between
them, I heard every thing."
"How late at Night?"
"Only Five or Six Minutes, perhaps, because I went
into my Room again."
"As late as you were up, you heard a Conversation in
Madame Shakerley's Apartment?"
"Yes, I heard it."
"How many Beds were there in Madame Shakerley's
Apartment?"
"Only One."
"The Mornings after the Marquis had slept there, as
you have stated, could you form any Opinion how
many Persons had slept in the Bed that Night?"
"Two Persons."
"Did the Bed exhibit those Appearances as if Two
Persons had slept there?"
"Yes."
(By a Lord.) "In what Situation are you now?"
"I am out of Place; a Servant out of Place."
"Have you been in Place since?"
"I have been in the Service of different English
Families since."
"How long were you out of Place after you left this
Service?"
"About Fifteen Days after Mr. Shakerley returned to
England."
"Did you see Mr. Shakerley in Paris?"
"Yes, I served him after Mrs. Shakerley left."
"Did you mention some of these Things to Mr. Shakerley?"
"No, never; Mr. Shakerley never asked me any thing,
and I never mentioned any thing about it."
"If he had asked you, you would have stated it,
perhaps?"
"If he had asked me any Questions, I would then
have told him what had happened."
"He never did ask you any Questions?"
"Not on any Occasion."
"You would have told him that the Marquis gave you
Money?"
"Yes, I should."
"Can you mention any One Person you have lived
with since you have quitted this Service?"
"General Sir John Hamilton."
"When did you go into his Service, and when did you
quit it?"
"Last Year, in the Month of December, I went into his
Service."
"Do you mean 1829, or 1828?"
"I meant in December 1828."
"How long did you remain in his Service?"
"Two Months and a Half, or Three Months."
"Can you mention any one that you lived with since
that Time?"
"Major Fencoe."
"Did you ever use the Character which The Duke
D'Avaray gave you?"
"I have given it to be presented to the Intendant
at St. Cloud; it was given for him."
"Did any body give you a Character to go into any
other Service?"
"When I was at the Hotel de Restardt I had the
ordinary Certificate, but no Character."
"You were not a mere Lacquey de Place, were you?"
"Yes, I was; I had never been Lacquey de Place
before I was in the Service of Mrs. Shakerley, but
after I left her I was a Lacquey de Place."
"With whom did you live before?"
"With Mr. Kelly, Four Years."
"In what Capacity?"
"As Valet de Chambre."
"What Countryman is Mr. Kelly?"
"An Irishman."
"Have you been a Lacquey de Place from 1826 down
to the present Time?"
"Yes, always."
"When did you first mention these Circumstances,
and to whom?"
"About Seven Months and a Half ago; in the Month
of July."
"To whom?"
"To Mr. Shakerley."
"How did Mr. Shakerley find you out?"
"I was in the Hotel de Restardt, and Mr. Shakerley
came to that Hotel."
"Did you ever see Mr. Shakerley at the Hotel
D'Avaray?"
"Never."
"How did Mr. Shakerley find you out?"
"Because he had his own Servant, to whom I was
well known, and we had Correspondence together."
"Were you well known to that Servant immediately
after you quitted the Hotel of The Duke D'Avaray?"
"I knew him before."
"Did you know that Servant before -that Servant
continually living with Mr. Shakerley from that Time
down to the Time of your meeting him at the Hotel
de Restardt?"
"Yes."
"Though Mr. Shakerley's Servant was known to you,
there was no Application made to you 'till the Year
1828?"
"No, never."
"Did you correspond with this Servant during that
Time?"
"No; I was about Eighteen Months without writing
to him."
"Were you in the habit of corresponding with that
Servant much before that?"
"No; we had had a little Quarrel together."
"When was that Quarrel?"
"At the Time that Mr. Shakerley returned we
quarrelled."
"When was that?"
"Just at the Time I left the Service of Madame,
Mr. Shakerley came to bring Mrs. Shakerley back to
England."
"About what did you quarrel?"
"Something relating to some Female at Paris."
"When was the Quarrel made up?"
"The last Time that he came back to Paris again it
was made up again."
"Who was the Female?"
"A Femme de Chambre at Paris."
"What is her Name?"
"Josephine."
"Where does she live?"
"I cannot tell."
"Where did she live then?"
"She lived in Rue Richelieu."
"Where is the Valet de Chambre of Mr. Shakerley
now?"
"I think he is always with him."
"Who was this Woman about whom you had a
Quarrel, and where did she live?"
"Her name is Josephine, and she lived in Rue
Richelieu."
"With whom did she live?"
"I know that she lived in the Rue Richelieu, but I
do not know with whom she lived."
"What was the Subject of the Quarrel?"
"Because I was acquainted with her, and the Lacquey
was likewise acquainted with her, and in taking a Walk
we had a Quarrel together."
"Do not you know where she lived?"
"I know that she lived in the Rue Richelieu, but I
never went into the House of her Mistress."
"Did this Lady permit you to come into her Bedroom when The Marquis D'Herrera was there?"
"Yes, but she was never there when I went in."
"Has she come into the Room while you have been
there?"
"No; The Marquis D'Herrera came in first; she came
in a short Time; and then either I or the Chambermaid used to come to the Door and lock it."
"The Quarrel was at the Time that Mr. Shakerley
came over?"
"Yes; but before that we had some little Misunderstanding, and then we discontinued corresponding."
"What is the Valet's Name?"
"Francois Doray."
The Witness was directed to withdraw.
The Counsel were informed, "That it was the Desire of
their Lordships that Francois Doray should be called
forthwith."
Then Francois Doray was called in; and having been
sworn, was examined as follows:
(By a Lord.) "Have you been in this House during
the Examination of the last Witness, or any Part of
it?"
"Yes, I have."
"In this Room?"
"Yes."
(By Counsel.) "Have you To-day been in the House
during the Examination?"
"No."
(By a Lord.) "Do you know Le Vasseur?"
"Yes."
"Has he been a Friend of yours?"
"Yes."
"Do you remember going over to Paris with Mr. Shakerley after this Affair?"
"Yes."
"The last Time, when Mr. Shakerley went, and when
Mrs. Shakerley did not return, in the Year 1827?"
"Yes."
"Did you know Le Vasseur at that Time?"
"Yes."
"How long have you known him?"
"I cannot say exactly; I knew him, perhaps, Six or
Seven Years."
"Were you on good Terms with him?"
"Yes."
"Were you always on good Terms?"
"Yes."
"You never had any Quarrel with him?"
"No."
"Nor any Dispute whatever?"
"We had some Words; I beg pardon, we had some
Words; very little."
"When was that?"
"I cannot say justly."
"On what Occasion was it?"
"It was nothing of consequence."
"On what Occasion?"
"I really cannot recollect."
"How long ago?"
"Five or Six Years."
"When you went over with Mr. Shakerley had you no
Quarrel with him then?"
"No; we were good Friends then."
"Did you know a Girl of the Name of Josephine?"
"I have seen her; I do not know her."
"Had you ever any Dispute about her?"
"No; I had no Occasion for it."
"She was very kind to both of you, was she; you had
no Quarrel with him about Josephine?"
"No."
"You had never any Quarrel with him, except occasionally a Word, as one Servant might with another,
about different Matters?"
"That was all."
"Do you ever correspond with him?"
"Very little; I do not think I wrote more than One
or Two Letters since I was in England."
"Did you ever write to him after the Occasion referred to, when you went with Mr. Shakerley there the
last Time, when Mrs. Shakerley did not come back
again?"
"I think I wrote to him since."
"How soon after that?"
"Perhaps a Twelvemonth; I think he lived with
Mr. Shakerley when I wrote to him."
"Did you write to him soon after he left Mrs. Shakerley?"
"I cannot tell."
"He left Mrs. Shakerley in May 1827; did you
write after that?"
"I cannot say; I do not recollect exactly; I cannot
swear whether it was before or after; I did not take
notice."
"Had you been in the habit of writing to him before
that?"
"Not much; I never wrote to him frequently; very
few Letters altogether."
"You are quite certain you never had any Quarrel
with him about Josephine?"
"No; I do not know her Character, nor nothing
about her."
The Witness was directed to withdraw.
Then Francois Julien Amable Le Vasseur was again
called in, and further examined as follows, through the
Interpretation of Samuel Albert Muller:
(By a Lord.) "Are you quite sure you had a Quarrel
with Doray immediately on Mr. Shakerley's coming to
Paris, and about this Woman Josephine?"
"Yes, most certainly I had; if he was here I could
make him understand it."
"You are quite sure that you never, in consequence of
this Quarrel, wrote to him 'till you came back to Paris?"
"I wrote to him when he was at Leamington last Year,
to which he did not give an Answer."
"But you never wrote to him before that?"
"No; not before that."
"You have stated that The Marquis D'Herrera
could have been observed by any body in The Duke
D'Avaray's House when he came to those Apartments?"
"In what Shape do you mean?
"Have you not stated that any body at the Hotel
could have been The Marquis D'Herrera passing to this
Lady's Apartment?"
"They might have seen him, if they had suspected
any thing; but as nobody had any thing to do with
him but me, I was the only Person who saw him."
"How many Servants were there in the Hotel?"
"Sixteen or Seventeen, Men and Women."
"Did you ever hear any one of them mention the
Marquis coming in and going out?"
"No."
"You never heard either of them say that they saw
him coming in and going out at Nine or Ten in the
Morning?"
"No, never."
"You have stated that the Marquis used to come,
and pretend to get into the Carriage, and then the
Man used to drive away; did the Marquis ever come
out of the Duke's Apartments without others being
there who might see whether he got into the Carriage
or not?"
"Never any body but me or his Lacquey."
"You mean to swear that he constantly went away
from the Duke's House, no other Servant being in
Attendance but Mrs. Shakerley's Servant and his own
Servant?"
"I never saw any."
"What Necessity was there for his Pretence to get
into the Carriage, if there was nobody there?"
"They would have suspected something, if they had
not heard the Steps let down and the Door closed;
the Servants who were close at hand might have
suspected."
"How far off were the Servants?"
"In the Anti-chamber."
"At what Distance?"
"There was nothing but the Staircase up to it, and
then the Anti-chamber; it joined there; and very often
he went along the Wall."
"Was the Door of the Hotel open or shut?"
"Shut; he sometimes made believe to go into the
Corner."
"Did Mrs. Shakerley know you before you came into
the Service at all?"
"No."
"As neither the Marquis or Mrs. Shakerley knew you,
were not you a little surprised at the Confidence they
placed in you?"
"They said nothing; the Letters were given to me,
and some Time after that the Chambermaid said, "LeVasseur, do not say any thing about those Letters, or
where you are going to."
"Was the Porter pretty constant in his Attendance;
was he not always pretty near the Gate?"
"He was employed in the House, but his Wife was
there."
"There was always the Husband or the Wife in
Attendance?"
"In the Evening they were there; but in the Morning they were very often in the House or in other
Places."
"Were they ever away entirely from the Court or the
Gate?"
"At the Time the Marquis went there ordinarily, he
was then employed in putting the Lamps in order, for
that was his Business."
"What was his Wife about?"
"She was sometimes there, but sometimes she was
occupied in arranging the Chamber of Mr. Boulivier."
"When she was there she must have seen him come
in or go out?"
"She never said any thing to me upon that Subject; sometimes she asked where Madame Shakerley
went."
"Did you mention those Things to any of the Servants
of the House?"
"No, never."
(By Counsel.) "You have stated that the Marquis
slept there Five or Six Times altogether?"
"Yes."
"You always went out to see whether any body was
in the Way before he took his Departure?"
"Yes."
"Were the Servants of the Hotel in the habit of going
to the Porter's Lodge, or did their Business keep them
in the Hotel itself?"
"They had nothing to do with the Porter's Lodge;
they only remained in the House."
"Was any body at the Porter's Lodge, for the most
part, except the Porter's Wife?"
"They had a little Child that came there at the Time
of Meals, and so on; he was generally there unless he
was employed in the House."
"In your Opinion, was it probable or improbable that
a Person could go out through the Porter's Lodge
without being observed?"
"In the Morning it was very easy for any body to
have gone out or come in without their being perceived; but in the Evening the Doors were closed, and
they were obliged to knock or to ask; they open the
Gate with a String."
"Were the Doors closed on the Evening of the
Soirees?"
"Yes; they were equally closed then."
"Where did the Carriages wait on the Evening of the
Soirees; in the Court-yard, or in the Street?"
"When there were not many of them they were in
the Court-yard."
"Were there a considerable Number of Carriages on
the Evenings on which The Marquis D'Herrera slept
at the Hotel?"
"When he was there, there was only his own Carriage
there."
"Do you know whether the Marquis gave any Orders
where his Carriage should draw up, and where it should
wait for him?"
"I do not know whether he gave the Orders, but his
Carriage did always wait in the Yard."
"Was the Marquis in the habit of walking to his Carriage from the Door of the Hotel, or did it draw up to
the Door of the Hotel?"
"He preferred walking to his Carriage at a little
Distance; because if the Carriage were drawn up to
the Door, the Servants might have seen."
(By a Lord.) "Do you mean to say that he gave that
Reason?"
"I suppose it was so, because those were the Orders he
gave me."
(By Counsel.) "If the Carriage of the Marquis had
gone out without the Servant behind, would it have
been likely to have attracted the Attention of the
Porter or his Wife?"
"I cannot tell whether they would have observed it;
they might have observed."
The Counsel requested, "That Francois Doray might
be again called to the Bar, and confronted with this
Witness, as he had stated that he had no Doubt he
should be able to bring the Circumstance referred
to to Francois Doray's Recollection."
The Counsel was informed, "That their Lordships did
not consider that the proper Course to adopt at present;
but that he might put any Questions he wished, to
elicit Facts which might form the Subject of any
Examination of Francois Doray."
(By Counsel.) "What Questions would you wish to
have put to Doray, to satisfy him that you had a
Quarrel with him upon the Occasion of Josephine?"
"It matters not what Questions are put to him, but
that was the Fact; we had drank a little, and had a
Tiff, a little Misunderstanding; I am not now quite
certain about the Name of the Woman."
(By a Lord.) "You have over and over again sworn
to her Name?"
"I do not know whether the other might know the
Name; that is what I mean. I knew that was her
Name."
"Was the Quarrel about a Woman?"
"It was relating to this Woman, and other Quarrels
between him and me."
The Witness was directed to withdraw.
Then Francois Doray was again called in, and further
examined as follows:
(By a Lord.) "Are you sure you never had a
Quarrel with the other Witness on the Subject of
Josephine?"
"No, never."
"You know Josephine very well?"
"I knew her by seeing her; I did not know her."
"She was an Acquaintance of yours, and an Acquaintance of Le Vasseur?"
"I beg your Pardon; she was never my Acquaintance."
"Had you ever any Quarrel with Le Vasseur about
any Woman?"
"No, never."
The Witness was directed to withdraw.
The Counsel were directed to withdraw.
Ordered, That the further Consideration and Second
Reading of the said Bill be put off to Wednesday next,
and that the Lords be summoned; and that Counsel be
called in at Three o'Clock.
Fructuozo's Naturalization Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
naturalizing John Anthony Fructuozo."
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. Harvey and Mr. Stratford;
To carry down the said Bill, and desire their Concurrence thereto.
Humphrys v. Pratt Plaintiff's Petition for further Time for his Case, referred to the Appeal Com ee.
Upon reading the Petition of William Humphrys,
Plaintiff in a Writ of Error depending in this House,
wherein Harvey Pratt is Defendant; praying their Lordships, "That he may have a Month's further Time to
prepare his printed Case in this Cause:"
It is Ordered, That the said Petition be referred to the
Committee appointed to consider of the Causes in which
Prints of the Appellants and Respondents Cases, now
depending in this House in Matters of Appeals and Writs
of Error, have not been delivered, pursuant to the Standing
Orders of this House.
Faussett v. Carpenter, Plaintiff's Petition for further Time for his Case, referred to Appeal Com ee.
Upon reading the Petition of Charles Faussett, Plaintiff
in a Writ of Error depending in this House, wherein
Michael Carpenter, Lessee of Thomas Palmer and others,
is Defendant; praying their Lordships, "That he may
have a Month's further Time to prepare his printed
Case:"
It is Ordered, That the said Petition be referred to the
Committee appointed to consider of the Causes in which
Prints of the Appellants and Respondents Cases, now
depending in this House in Matters of Appeals and Writs
of Error, have not been delivered, pursuant to the Standing
Orders of this House.
Ld. Clonbrock's Petition
Upon reading the Petition of The Right Honorable
Robert Lord Clonbrock, Baron Clonbrock in the Kingdom
of Ireland; setting forth, "That on the 27th Day of
June 1806 their Lordships were pleased to order and
adjudge that Luke Lord Clonbrock hath made out his
Claim to be admitted to vote at the Election of Peers
of Ireland: That the said Luke Lord Clonbrock departed this Life on or about the 13th Day of
December 1826: That the Petitioner is the eldest Son
of the said Luke Lord Clonbrock, and claims a Right
to vote at Elections of Peers for Ireland to sit in the
Parliament of the United Kingdom;" and therefore
praying "That his said Right may be admitted by their
Lordships:"
It is Ordered, That the said Petition be referred to the
Lords Committees for Privileges, to consider and report.
Freeman et al. v. Fairlie et al. Petition of W. Smith et al. to be made Respondents, referred to Appeal Com ee.
Upon reading the Petition of William Smith of Belvoir
Terrace, Vauxhall Bridge Road, in the County of Surrey,
and Charlotte his Wife, Elizabeth Oldham of Grove Road,
Mile End, in the County of Middlesex, Spinster, and of
John Eborall, One of the Respondents in a Cause depending in this House, wherein Ann Freeman, and others,
are Appellants, and William Fairlie, and others, are
Respondents; setting forth, "That by a Decree made
in the Court of Chancery by The Right Honorable the
Master of the Rolls, in the Causes therein mentioned,
dated the 2d Day of April 1827, his Honor declared
that the Messuages, Lands, Tenements and Hereditaments in the Pleadings of these Causes mentioned were
Freehold of Inheritance; and it was ordered, that
the Possession thereof be delivered to the said Defendant John Eborall, the Heir at Law ex-parte maternâ of
Samuel Oldham, the Intestate in the Pleadings named;
and it was ordered that it be referred to the Master
to whom these Causes stood referred, to make his
Report on the Account of the Rents and Profits of the
said Messuages, Lands, Tenements and Hereditaments,
received by the late Defendant William Fairlie in his
Lifetime, as directed by the Decree of the 30th Day
of November 1815, and to take the Accounts of such
Rents and Profits, if any, received by the Defendant
John Innes, as directed by the Decree dated the 21st
Day of July 1826; and it was ordered that the said
Master in taking such Accounts should distinguish such
Part of the said Rents and Profits as had accrued due
since the Death of the said John Eborall, the Father
of the Defendant John Eborall, mentioned in the said
Master's Report dated the 18th Day of January 1826;
and it was ordered that the said Master should
enquire and state to the Court what Part of any Bank
£3 per Cent. Annuities which might be standing in the
Name of the Accountant General of the said Court, in
Trust in the Cause Freeman and others v. Fairlie and
others, the Account of Rents and Profits, and any Cash
in the Bank placed to the Credit of the said Cause, the
like Account at the Date of his Report to be made
in pursuance of that Order, after Payment of the Costs
therein-after directed to be taxed and paid, was constituted of Rents and Profits which had accrued due
in respect of the said Messuages, Lands, Tenements
and Hereditaments, since the Death of the said John
Eborall the Father, or of the Interest, Dividends or
Accumulations thereof; and the Defendant William
Butt, the personal Representative of Hannah Haigh,
the Testatrix in the Pleadings named, was to be at
liberty to apply to this Court as he might be advised,
for an Enquiry by whom the Houses mentioned in the
said Master's Report dated the 6th Day of November
1823, or either of them, were built; and any of the
Parties were to be at liberty to apply to the Court as
there should be Occasion: That by an Order made on
the Petition of the Petitioners William Smith and Charlotte his Wife, and Elizabeth Oldham, bearing Date the
17th Day of March 1829, it was ordered, amongst
other Things, that the Parties should proceed to a
Trial at Law in the Court of Common Pleas, on the
following Issue; vizt. Whether the Petitioners Elizabeth Oldham and Charlotte Smith were the Coheiresses
at Law of Samuel Oldham, the Intestate in the Pleadings
named; and the Petitioners Elizabeth Oldham, and
William Smith and Charlotte his Wife, were to be Plaintiffs at Law, and the Petitioner John Eborall Defendant
at Law: That the said Issue was tried on the 18th Day
of July 1829, before The Lord Chief Justice of the
Court of Common Pleas and a Special Jury, and a
Verdict was thereupon found in favor of the Petitioners
the Plaintiffs, and a Motion, made by the Petitioner
John Eborall, for a new Trial of the said Issue, was
refused: That the Petitioner John Eborall was made
a Party to the said Suit, as the Heir at Law ex-parte
maternâ of Samuel Oldham, the said Intestate, it having
been supposed that there was no Heir at Law ex-parte
paternâ of the said Intestate; but it having been found
by the said Verdict that the Petitioners Elizabeth
Oldham and Charlotte Smith are the Coheiresses at Law
ex-parte paternâ of the said Intestate, they now stand,
as they submit, in the same Situation in which the
Petitioner John Eborall stood at the Time when the
said Decree was made: That the Plaintiffs in the said
Causes, on or about the 20th Day of July 1829, preferred their Petition to their Lordships, appealing from
the said Decree of the 2d Day of April 1827, and
praying that the same might be reversed or varied:
That the said John Eborall has put in his Answer to
the said Petition and Appeal: That on the 24th Day
of December 1829 the Petitioners William Smith and
Charlotte his Wife, and Elizabeth Oldham, field their
Supplemental Bill in these Causes, against the Petitioner the said John Eborall, and others, thereby praying
that the said Order dated the 8th of June 1826, whereby
the said Master's Report, finding the said Defendant
John Eborall to be the Heir at Law of the said Intestate Samuel Oldham, was confirmed, and the said
Decrees or Decretal Orders, bearing Date respectively
the 21st of July 1826 and the 2d of April 1827, and
such other Proceedings (if any) in the said Causes as
relate to the Claim of the said Defendant John Eborall,
as such Heir at Law, might be reviewed; and that the
said Order dated the 8th of June 1826 might be reversed; and that so much of the said Decree or
Decretal Order dated the 21st of July 1826 as directed
that the said Defendant John Eborall should have the
Benefit of the Proceedings in the said Causes as if he
had been originally made a Party thereto, and so much
of the said Decree or Decretal Order dated the 2d of
April 1827 as ordered that the Possession of the Messuages, Lands, Tenements and Hereditaments therein
mentioned should be delivered to the said Defendant
John Eborall, as the Heir at Law of Samuel Oldham,
the Intestate in the Pleadings named, and as ordered
that the said Master in taking the Accounts thereby
directed should distinguish such Parts of the Rents
and Profits therein mentioned as had accrued due
since the Death of John Eborall, the Father of the
Defendant John Eborall, and as ordered that the said
Master should enquire and state to the Court what
Part of any Bank £3 per Cent. Annuities which might
be standing in the Name of the said Accountant, in
Trust in the Cause Freeman and others v. Fairlie and
others, the Account of Rents and Profits, and any
Cash in the Bank placed to the Credit of the said
Cause, the like Account at the Date of his Report to
be made in pursuance of that Order, after Payment of
the Costs thereby directed to be taxed and paid, was
constituted of Rents and Profits which had accrued due
since the Death of the said John Eborall the Father, or
of the Interest, Dividends and Accumulations thereof,
might be reversed or varied; and that such other Proceedings, if any, in the said Causes, as related to the
Claim of the said John Eborall, as such Heir at Law as
aforesaid, might also be reversed or varied, so far as the
same might be founded on the Supposition of the said
John Eborall being the Heir at Law of the said Intestate; and that it might be declared that the Petitioners
William Smith, and Charlotte his Wife in her Right,
and the Petitioner Elizabeth Oldham, were entitled to
the said Messuages, Lands, Tenements and Hereditaments, and that the Possession thereof might be delivered to them; and that it might also be declared
that they were entitled to the said Sums standing in
the Name of the said Accountant General, in Trust in
the said Cause, "Freeman and others v. Fairlie and
others," "The Account of Rents and Profits," and to
such other Sums as have been received in respect of
the Rents and Profits of the said Messuages, Lands,
Tenements and Hereditaments, accrued due since the
Death of the said Intestate Samuel Oldham, and that
the same might be transferred and paid to the said
Petitioners accordingly; and that the said Petitioners
might have the Benefit of the several Proceedings in
the said Causes, except such of them as might be
reversed or varied, as against the several Parties
thereto; and that the said Petitioners might be at
liberty to carry on and prosecute the several Accounts
and Enquiries directed by the said Decree and Decretal Orders (so far as the same might not be reversed
or varied, and so far as such Accounts and Enquiries
remain to be carried on and prosecuted;) and that the
said Petitioners might also have the Benefit of the said
Proceedings against David Clark, in the Petitioners
said Bill named, in the same Manner as if he had been
a Party to the Third Supplemental Suit; and that an
Account of the Rents and Profits of the said Messuages, Lands, Tenements and Hereditaments, possessed by the said Defendant David Clark, might be
directed, in like Manner as an Account of such Rents
and Profits received by the said Defendant John Innes,
as directed by the said Decrees or Decretal Orders of
the 21st of July 1826 and the 2d of April 1827, and
that such other Accounts as might be necessary might
be directed as to such Rents and Profits; and that the
said Defendant David Clark might admit Assets of the
said William Fairlie; and that an Account might (if
necessary) be taken of the Personal Estate of the said
William Fairlie possessed by the said Defendant David
Clark; and that the said Petitioners might have further
Relief in the Premises: That the Appeal presented by
the said Plaintiffs does not seek to impeach any of the
Proceedings in the said Cause which relate to the Claim
of the Petitioner John Eborall to be Heir at Law of the
said Intestate; and the said Bill exhibited by the Petitioners William Smith and Charlotte his Wife, and Elizabeth Oldham, does not seek to impeach any Part of
the Proceedings in the said Cause, except those which
relate to the said Claim of the Petitioner John Eborall,
and does not seek to interfere with or affect any of the
Matters complained of by the said Appeal; and the
Petitioners William Smith and Charlotte his Wife, and
Elizabeth Oldham, are willing to adopt and submit to be
bound by all the Proceedings in the said Causes, (except
as aforesaid,) in the same Manner as if they had been
named as Parties thereto in the Room of the Petitioner
John Eborall: That the Petitioners William Smith, and
Charlotte his Wife in her Right, and Elizabeth Oldham,
being now, under the said Verdict, to be held the Coheiresses at Law and real Representatives of the said
Intestate, although they do not appear so to be on the
Records of the Court of Chancery in the above Suits,
where the Petitioner John Eborall appears and sustains
the Character of Heir at Law, are as such deeply interested in the Decision to be made by their Lordships
on the said Appeal, and they are anxious that the same
should not be delayed, and they are therefore desirous
of being allowed to defend the same in the Name or in
the Place of the Petitioner John Eborall, and they are
willing and hereby submit to be bound by the Decision
to be pronounced by their Lordships on the said
Appeal, in the same Way as if they had been Parties
to the said Cause instead of the Petitioner John Eborall: That the Petitioner John Eborall, although he
still appears as Heir at Law of the said Intestate on
the Records of the Court of Chancery in the above
Suits, is willing to relinquish his Right to contest the
said Appeal, in Favor of the Petitioners William Smith
and Charlotte his Wife, and Elizabeth Oldham, and that
they should defend the said Appeal in his Name or in
his Place;" and therefore praying their Lordships,
That the Petitioners William Smith and Charlotte his
Wife, and Elizabeth Oldham, may be admitted to the
Bar of their Lordships House, in order that they may,
in their Character of real Representatives of the said
Intestate, defend the said Appeal so presented by the
said Plaintiffs in the first-mentioned Cause, and for
that Purpose may be permitted to make use of the
Name or be substituted in the Place of the Petitioner
John Eborall:"
It is Ordered, That the said Petition be referred to the
Committee appointed to consider of the Causes in which
Prints of the Appellants and Respondents Cases, now
depending in this House in Matters of Appeals and
Writs of Error, have not been delivered, pursuant to
the Standing Orders of this House.
Thomson v. Forrester, Respondent's Petition to receive his Case, referred to Appeal Com ee.
Upon reading the Petition of Thomas Forrester, Respondent in a Cause depending in this House, to which
James Thomson is Appellant; praying, "That their
Lordships will be pleased to order that his Appeal
Case may be now received:"
It is Ordered, That the said Petition be referred to the
Committee appointed to consider of the Causes in which
Prints of the Appellants and Respondents Cases, now
depending in this House in Matters of Appeals and Writs
of Error, have not been delivered, pursuant to the
Standing Orders of this House.
Maxwell & Co. v. Stevenson & Co:
Upon reading the Petition and Appeal of Messieurs
Maxwell and Company, Cornfactors in Leith; complaining of Two Interlocutors of the Judge Admiral in
Scotland, of the 17th of September and 2d of November
1829; and also of an Interlocutor of the Lords of Session
there, of the Second Division, of the 2d of March 1830;
and praying, "That the same may be reversed, varied or
altered, or that the Appellants may have such Relief in
the Premises, as to this House, in their Lordships great
Wisdom, shall seem meet; and that Thomas Stevenson
and Company, Merchants in Leith, may be required to
answer the said Appeal:"
It is Ordered, That the said Thomas Stevenson and
Company may have a Copy of the said Appeal, and do
put in their Answer or respective Answers thereunto, in
Writing, on or before Monday the 5th Day of April
next; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the
Court of Session, shall be deemed good Service.
Richardson to enter into a Recog ce on it.
The House being moved, "That John Richardson of
Fludyer Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Messieurs
Maxwell and Company, on account of their Appeal
depending in this House, they being in Scotland:"
It is Ordered, That the said John Richardson may enter
into a Recognizance for the said Appellants, as desired.
Humphrys v. Pratt, in Error.
The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors
assigned upon the Writ of Error wherein William Humphrys is Plaintiff, and Harvey Pratt is Defendant:"
It is Ordered, That this House will hear the said Errors
argued, by Counsel at the Bar, on the first vacant Day
for Causes after those already appointed.
Bryan's Petition claiming the Barony of Slane.
The Earl of Shaftesbury (by His Majesty's Command)
presented to the House A Petition of George Bryan of
Jenkinstown, in the County of Kilkenny, Esquire, to His
Majesty; praying His Majesty "to refer the Petitioner's
Claim to the House of Peers for their Lordships Consideration and Report, whether the Title of Baron of
Slane be or be not a Barony in Fee, by Writ of Summons descendible to Heirs General, and whether the
same is or is not now in Abeyance between Edward
Lord Dunsany and the Petitioner;" together with His
Majesty's Reference thereof to this House, and the Report
of The Attorney General thereunto annexed.
Which Petition and Reference were read by the Clerk,
and are as follow; (vizt.)
"To The King's Most Excellent Majesty.
"The humble Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire;
"Sheweth,
"That Thomas Fleming of Slane, in the County of
Meath, Esquire, Titular Baron of Slane, on the 26th Day
of April 1585, the 28th Year of the Reign of Queen
Elizabeth, was summoned to the Parliament held before
Sir John Perrott Knight, then Lord Deputy of Ireland,
by the Title of Lord Slane; that he died without Male
Issue the 9th of November 1597, leaving Two Daughters
his Coheirs, Catharine, who became the Wife of Pierce
Butler of the Old Abbey, in the County of Kilkenny,
Esquire, Ancestor to the Lords Viscounts Galmoy,
since attainted, and Elinor, who became the Wife of
her Cousin William Fleming, Titular Baron of Slane, in
the County of Meath, who as Heir Male to her Father
inherited his Estates. This Title went into Abeyance
between these Two Ladies.
"That Christopher Fleming, eldest Son and Heir of
said Elinor by said William Fleming, was summoned to
the Parliament held in Dublin on the 18th May 1613,
and to that held there on 16th May 1615; and it
appears he sat in both: That by the Summons of said
Christopher to Parliament the Abeyance of his Grandfather's Dignity of Lord Slane, Your Majesty's
Petitioner is advised, was terminated in his Favour, or
that a new Peerage was created in said Christopher by
such Summons, and Sitting thereon: That said Christopher Lord Baron of Slane died in the Year 1625,
leaving Six Sons; 1, Thomas, his eldest Son and Heir;
2, William, Heir to his Brother; 3, John; 4, Patrick;
5, James; and 6, Lawrence; which Four last all died
without Issue.
"That it appears by a King's Letter dated 13th October in the 5th Year of King Charles the First, 1629,
that Thomas Fleming, Son and Heir unto "Christopher
Fleming late Baron of Slane, within that Our Realm of
Ireland, did, during the Lifetime of his Father, become
and profess Eriar in the Parts beyond the Seas, and
that the said Baron of Slane did thereupon settle all
his Lands and Hereditaments in the said Kingdom,
after his Decease, upon William Fleming his Second
Son, and the Heirs Male of his Body, with Remainders
in like Manner to other younger Brothers of the said
William, wholly excluding the said Thomas, as not intending that he should succeed him, either in his
Honour or Fortunes: Now, forasmuch as We are given
to understand that the said Thomas Fleming, being
resolved to persist in that Course of Profession, is not
only content to relinquish and leave unto the said
William Fleming, his Brother and Heir, the Honour
and Title of Baron of Slane, and all Estates and Fortunes
which by the Laws of that Kingdom are descended
upon him, but doth also humbly desire that We would
be graciously pleased to give Way, that during his
Life his said Brother William, and the Heirs Male of
his Body, might be reputed Barons of Slane; We,
taking into Consideration the many Services in former
Times done to Our Crown by the Ancestors of the
said William, and to nourish still that good Disposition
in him of whom We conceive good Hopes, We are
therefore graciously pleased, and do hereby declare
Our Royal Will and Pleasure to be, that the said
William, and the Heirs Males of his Body, shall be from
henceforth during the Life of his said elder Brother
reputed, styled and called Barons of Slane; and farther
Our Pleasure is, that special Care be had that in all
Meetings and Assemblies of Parliament, or otherwise,
where the said William shall happen to be, or the
Heirs Males of his Body, in case he dye in the Lifetime of his elder Brother, that he or they shall have
the same Places and Precedency which of Right belonged to his Father; but with this Caution, that if
the said Thomas Fleming shall hereafter, quitting the
Habit and Life which he is now entered into, return
unto his Country, claiming the said Title of Honour,
and the Estates cast upon him by the Law, that this
Declaration of Our gracious Pleasure shall be no waies
prejudicial unto him. Given under Our Signet, at Our
Palace of Westminster, the 30th October in the 5th Year
of Our Reign," &c.
"William Fleming, the 2d Son, under the foregoing
Authority, was allowed to take his Seat in Parliament,
as appears by the Journals of the House of Lords on
the 14th July 1634, his Brother Thomas being then
alive: He married Lady Anne Macdonnell, Daughter
of Randall Earl of Antrim, by whom he had Issue Four
Sons; 1, Charles, his Heir; 2, Randall, Heir to his
Brother; 3, Michael, who died unmarried; and, 4,
Thomas, whose Issue are extinct; and, dying in 1641,
was succeeded by his eldest Son,
"Charles Fleming Lord Baron of Slane, who died unmarried, and was succeeded by his Brother,
"Randall Fleming Lord Baron of Slane, who married
Two Wives; first, Elinor Barnwall, Daughter of Sir
Richard Barnwall of Crickstown, in Meath, Knight, by
whom he had an only Daughter, Mary, who married,
first, Richard Fleming Esquire, eldest Son of Sir John
Fleming of Staholmock, and, 2dly, Oliver O'Gara
Esquire; by the last Husband she had a Son, Charles,
who died unmarried, at Brussels, 1785; by her first
Husband, Richard Fleming, said Mary had an only
Son, James Fleming, who died young and unmarried,
and an only Daughter, Bridget, who became the Wife
of Randall Plunket, 11th Lord Baron of Dunsany,
Whose eldest Son and Heir, Edward, became 12th Lord
Baron of Dunsany, and left Randall, 13th Lord Baron
of Dunsany, his Son and Heir, whose eldest Son and
Heir is Edward, now 14th Lord Baron of Dunsany,
Heir General of Mary Fleming, eldest Daughter of said
Randall Lord Baron of Slane.
"That the said Randall Lord Baron of Slane married
to his second Wife Lady Penelope Moore, Daughter of
Henry, first Earl of Drogheda, by whom he had Three
Sons and One Daughter; 1, Christopher, his Heir;
2, Henry, who died without Issue; and 3, Randall,
who also died without Issue: The Daughter was Alice,
hereafter mentioned: Randall Lord Slane died about
the Year 1676.
"Christopher Fleming, Lord Baron of Slane, succeeded
his Father, and taking Part with King James the Second,
was outlawed for High Treason, and forfeited his
Honours and Estates, but was afterwards restored in
Blood, but not to his Estates, by an Act of the English
Parliament in 1708: He married the Daughter of Sir
Patrick Trant, and dying, left an only Daughter and
Heir, Ellen, who died unmarried, and was buried in the
Parish of St. Sulpice, at Paris, 8th August 1748, on
whose Death the Peerage of Lord Baron of Slane went
into Abeyance between the Heirs of Mary and Alice,
the Two Daughters of Randall Lord Baron of Slane:
The Descent of Mary the elder has been before herein
recited.
"Alice Fleming, only Daughter of said Randall Lord
Baron of Slane by his second Wife, became the Wife
of Sir Gregory Byrne of Tymoge, in the Queen's
County, Baronet, by whom she had several Sons;
Charles, the elder, married, and had several Children,
who all died without Issue; and Henry Byrne, the
second Son, left an only Daughter and Heir, Catherine
Xaveria, who became the Wife of George Bryan of
Portland Place, London, Esquire, by whom she had
George Bryan, now of Jenkinstown, in the County of
Kilkenny, Esquire, her only surviving Son and Heir,
Your Majesty's Petitioner, who is now sole Heir of
Alice, youngest Daughter of Randall Lord Baron of
Slane, and as such One of the Two Coheirs General of
said Randall Lord Baron of Slane, of his Father William
Lord Baron of Slane, and of his Grandfather Christopher
Lord Baron of Slane, summoned to Parliament in 1613
and 1615, in whose Favour the Abeyance was terminated of the Peerage created in his Maternal Grandfather William Lord Baron of Slane, in 1584-5.
"That Your Majesty's Petitioner presented an humble
Petition to Your Majesty in May 1828, praying that,
as One of the Coheirs of the aforesaid Randall Lord
Baron of Slane, he might be allowed to produce
Evidence, and use such Arguments as he should be
advised, for the Protection of his Rights, before Your
Majesty's Attorney General for England, to whom the
Petition of Mr.James Fleming, who claimed to be (and
has assumed the Title and calls himself) Lord Baron
of Slane, on the Allegation that he is Heir Male of
The Honorable John Fleming, Uncle of the aforesaid
Randall Lord Baron of Slane, and as such now Heir
Male of said Randall: That Your Majesty's Petitioner's
said Petition was graciously referred to Your Majesty's
Attorney General, before whom Petitioner attended by
his Agents and Counsel: That Mr.James Fleming closed
his Case before The Attorney General, and Petitioner
proved his Descent and Coheirship; but Petitioner
believes The Attorney General has not yet made a
Report thereon.
"That Mr.James Fleming, founding his Claim on a
Ground altogether new and unprecedented, as Petitioner is advised, that there are Peerages in Ireland
originating previously to the Introduction of either
Writs of Summons or Patents, which have always
descended to the Heirs Male, and that this Peerage of
Slane is one of them, thus alledging a new Point of
Law involving the Rights and Privileges of the antient
Peers of the Realm, and the Laws affecting the same;
a Point which Petitioner most humbly conceives requires
the most solemn Investigation and Decision.
"That a Claim involving the same Question has been
made to the Title of Athenry, another antient Irish
Title, which has been twice investigated, first before
Sir John Copley (now Lord Lyndhurst,) and secondly
before Sir James Scarlet, when they respectively held
the Office of Attorney General of England, and neither
of those learned Individuals, as Petitioner has heard
and believes, made any Report thereon; and Your
Majesty's Attorney General Sir Charles Wetherell
Knight having had the whole Evidence in these Claims
for the Title of Slane before him since August last,
and did not make any Report thereon; and as Your
Majesty's Petitioner is advancing in Years, he is most
anxious to have a Question of such urgent Importance
to himself and his Family decided by the highest and
most competent Tribunal; and as the Claim of
Mr. James Fleming has already been before the House
of Peers, and Proceedings have been had before the
Committee for Privileges of their Lordships thereon,
and as all Cases of Claims to Irish Peerages must
eventually be decided by their Lordships Vote, by a
Provision of the Act of Union,
"May it therefore please Your Most Excellent
Majesty to refer Your Petitioner's Claim to the
House of Peers, for their Lordships Consideration and Report, whether the said Title be or
be not a Barony in Fee, by Writ of Summons
descendible to Heirs General, and whether the
same is or is not now in Abeyance between the
said Edward Lord Dunsany and Your Majesty's
humble Petitioner; or to make such other Order
in the Premises as to Your Majesty's Royal
Wisdom shall seem meet.
"And Petitioner will pray.
"Geo. Bryan."
"Whitehall, 8th June 1829.
"His Majesty is pleased to refer this Petition to
Mr. Attorney General, to consider thereof, and report
his Opinion what may be properly done therein;
whereupon His Majesty's further Pleasure will be
declared.
"Robert Peel."
"Whitehall, 4th March 1830.
"The King, being moved upon this Petition, is pleased
to refer the same (together with the Report of The
Attorney General thereunto annexed) to The Right
Honorable The House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title
herein mentioned, and to inform His Majesty how the
same shall appear to their Lordships.
"Rob. Peel."
Ordered, That the said Petition, with His Majesty's
Reference thereof to this House, and the Attorney
General's Report thereunto annexed, be referred to the
Consideration of the Lords Committees for Privileges;
whose Lordships, having considered thereof, and heard
such Persons concerning the same as they shall think
fit, are to report their Opinion thereupon to the House.
Hamerton's Divorce Bill.
It was moved, "That the Order made on Monday
the 22d of February last, "That the Bill, intituled,
"An Act to dissolve the Marriage of William Medows
Hamerton Esquire with Isabella Frances his now Wife,
and to enable him to marry again; and for other Purposes," be read a Second Time on Wednesday the
10th of March next, and that the Lords be summoned,"
be now read."
The same was accordingly read by the Clerk.
Ordered. That the said Order be discharged.
Ordered, That the said Bill be read a Second Time on
Wednesday the 17th of this instant March; and that the
Lords be summoned.
26th Report of Carnatic Com rs delivered.
The House being informed, "That Mr. Parkhouse,
from the Carnatic Commissioners, attended;"
He was called in; and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
"The Twenty-sixth Report of the Commissioners
appointed under an Agreement concluded on the
10th of July 1805 between The East India Company
and the Private Creditors of the late Nabobs of the
Carnatic."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Report do lie on the Table.
Slavery, Petition from Hanley & Shelton for Abolition of.
Upon reading the Petition of the Inhabitants of Hanley
and Shelton, in Staffordshire, whose Names are thereunto
subscribed; praying, "That their Lordships will take
the Case of the Slaves in the British Colonies into
their earliest and most earnest Consideration; and that
their Lordships will not permit any Motives of mere
Expediency to turn them from imparting the Justice
required at their Hands, by bringing about their
Freedom in the most wise, speedy and effectual
Manner:"
It is Ordered, That the said Petition do lie on the
Table.
East India, &c. Trade, Petition from Oldham for throwing open, referred to East India Com ee.
Upon reading the Petition of the Merchants, Manufacturers and others, Inhabitants of Oldham, in the
County of Lancaster, whose Names are thereunto subscribed; praying their Lordships, "That the Commercial
Interests of the Nation may be promoted, by throwing
open, as speedily as practicable, the Trade with the
Countries comprehended in and affected by The East
India Company's Charter, and that no further Extension
of that Charter may be granted:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the
Lords Committees appointed to enquire into the present
State of the Affairs of The East India Company, and
into the Trade between Great Britain, the East Indies and
China.
Officers of State for Scotland v. Com rs of Supply for Wigton et al.
Ordered, That the Cause wherein His Majesty's Officers
of State for Scotland are Appellants, and the Commissioners of Supply for the County of Wigton, and their
Collectors, and others, are Respondents, be further heard
by Counsel at the Bar on Wednesday next.
Kirkpatrick v. Innes et al.
Ordered, That the Cause wherein John Kirkpatrick
Esquire is Appellant, and Mrs. Isobel Innes or Clephane,
and others, are Respondents, be heard by Counsel at the
Bar on Wednesday next.
Muskett's Divorce Bill, Witnesses to attend.
Ordered, That Charlotte Lucy Holding and Joseph
Muskett do attend this House on Friday next, in order
to their being examined as Witnesses upon the Second
Reading of the Bill, intituled, "An Act to dissolve the
Marriage of Joseph Salisbury Muskett Esquire with
Mary Muskett his now Wife, and to enable him to
marry again; and for other Purposes."
Lords summoned, Order for, discharged.
It was moved, "That the Order made on Monday the
1st of this instant March, "That all the Lords be
summoned to attend the Service of the House on
Thursday the 11th of this instant March," be now
read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Marriages validating Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act to
render valid Marriages solemnized in certain Churches
and Chapels."
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee upon
the said Bill on Thursday next.
Distress of the Country, Petition from Bedworth respecting.
Upon reading the Petition of the Ribbon Manufacturers, Weavers and other Inhabitants of Bedworth, in
the County of Warwick, whose Names are thereunto
subscribed; praying, "That their Lordships will take
their distressed Situation into their serious Consideration, and adopt such Measures as shall be calculated
to ensure their permanent Relief, which the Petitioners
imagine can only be effected by a Suspension of the
present partial System of Free Trade 'till the Corn
Laws are abolished, and such a general Reduction
of Taxation is made as shall place the Petitioners on
equal Terms with the Manufacturers and Operatives
of other Countries:"
It is Ordered, That the said Petition do lie on the
Table.
Hindoo Widows, Petitions from Alcester against the Practice of burning, &c.
Upon reading the Petition of the Inhabitants of Alcester
and its Vicinity, whose Names are thereunto subscribed;
praying their Lordships "to adopt such Measures as
may be deemed most expedient and effectual for the
Suppression of the Custom of burning of Widows with
the dead Bodies of their Husbands, and other Customs by which Human Life is wantonly sacrificed, and
which continue to be practised in various Parts of
British India with undiminished Frequency, in gross
Violation of the Law of God and of the Rights and
Feelings of Humanity, so abhorrent to the British
Character, and so opposed to the Welfare of our
Indian Possessions, and thus remove the Stigma which
at present attaches to our National Character, and
relieve the Inhabitants of British India from this cruel
Scourge:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of the Female Inhabitants
of Alcester and its Vicinity, whose Names are thereunto
subscribed; praying their Lordships "to adopt such
Measures as may be deemed most expedient and
effectual for the Suppression of those atrocious and
sanguinary Practices, the burning of Widows with the
dead Bodies of their Husbands, the Destruction of
Female Children, and other dreadful Customs by which
Human Life is sacrificed, and which is continued to be
practised in British India, in Violation of the Law of
God and the Feelings of Humanity, so degrading to
the Character, and disgusting to the Moral Feelings of
every British Female:"
It is Ordered, That the said Petition do lie on the
Table.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandam esse usque ad et in diem Martis, nonum
diem instantis Martii, horâ undecimâ Auroræ, Dominis
sic decernentibus.