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* Sweetman, by whom he had Iffue Four Sons, John "Robert, Edward, and Francis, and Three Daughters, "Elizabeth, Anne, and Lucinda, and the faid Jane "having died, he again intermarried in the Year One "thousand seven hundred and fixty with Ann, Daughter "of Thomas M'Cann, by whom he had Iffue first a "Son, namely, Nicholas who died when he was about "Three Weeks old, and fecondly Petitioner Mathew, " and no other Iffue of faid Second Marriage.

"That faid John, Robert, Edward, and Francis "Barnewall, the Sons of Petitioner's faid Father Ma"thew by his faid firft Marriage are all fince dead "unmarried, and without Iffue, and Petitioner is now "the only furviving Son of faid Mathew.

"That by Means of the Premifes, Petitioner fubmits "that in the Deceafe of faid George the Fifth and last "Viscount without Iffue, Petitioner became and now "is entitled to the Dignities, Title, and Honours, and * to be the Sixth Vifcount Barnewall of Kingsland and "Baron of Turvey; and Petitioner has to this his Pe "tition annexed a Deduction of his faid Pedigree, to " which he humbly refers, as conveying at one View, "the clear and undoubted Facts of this Your Peti

"tioner's Claim.

ce

"That Petitioner, although in his Childhood of the "Roman Catholic Religion, has long fince become a Proteftant of the Church of England, as by Law "established; which Religion only, he has ever fince "profeffed, and still profeffes; and Petitioner has alfo "attained his full Age of Twenty-one Years.

"That Your Majefty has been graciously pleafed "by your Order, bearing Date the Thirtieth Day " of January One thoufand eight hundred and two, "to refer the foregoing Petition to the Confideration "of Your Majefty's Prime Serjeant, Attorney and So"licitor General of Ireland, for their Opinion and Re46 port thereupon.

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"That in Obedience to said Order, Petitioner pro"ceeded to establish and prove the Allegations of faid "Petition before Your Majefty's then Law Officers, "namely, Sir John Stewart, Your Majefty's then Attorney General, Arthur Brown Efquire, Your Ma"jefty's then Prime Serjeant, and James M'Clelland Efquire, Your Majefty's then Solicitor General; but "before any Report was made thereupon, Your Majefty was pleased to appoint Standish O'Grady Efquire, "to be Your Majefty's Attorney General, in the Room "of faid Sir John Stewart, and appointed William Co"nyngham Plunket Efquire, Your Majefty's Solicitor "General, in the Room of faid James M Clelland; and "Your Majesty has been fince pleafed to appoint the "faid William Conyngham Plunket Efquire, Your Ma"jefty's Attorney General, and Charles Kendal Bufbe Bushe "Efquire, Your Majefty's Solicitor General; and Pe "titioner is advised, that fuch Alterations having taken "place in Your Majefty's Law Officers, that a new "Order of Reference to fuch Your Majefty's now "Law Officers is formal and necessary;

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May it therefore please Your Majefty to admit "Petitioner to use and enjoy faid Title, Digni"ties, and Honours, in fuch fort as they are " entailed and limited to the true Heirs Male "of the faid Nicholas Barnewall your Petitioner's "Ancestor, by the faid gracious Patent of "Our late Sovereign Lord King Charles the "First, on the Twenty-ninth Day of June in the Twenty-fecond Year of His Reign, as "herein recited; and that in future Writs fhall "iffue directed to Petitioner and his Heirs Male "lawfully begotten, and to be begotten for the "Election of a Peer or Peers, to represent the "Peers of Ireland, in the Parliament of the "United Kingdom of Great Britain and Ire. "land, or to make fuch Order of Reference for examining into Petitioner's Claim to the aforefaid Titles and Honours, as to Your Majefty in Your great Wisdom fhall meet 65 meet.

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"And Petitioner will pray.
"Mathew Burnewall.”

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"Pr. 13. L. 28. After ("Proprietors") infert "("Provided always that in any Cafe in which the "Perfon or Perfons from whom any Lands, Tene"or fhall hereafter be purchased, shall be entitled to any ments or Hereditaments have already been purchased, Right of Pre-emption of the fame under and by virtue "of the Rules, Regulations, and Provifions of the faid "feveral recited Acts; nothing in this Act contained "fhall empower the faid Company of Proprietors to fell "the fame Lands, Tenements, and Hereditaments to " any other Perfon or Perfons than as aforefaid, in Derogation of any fuch Right of Pre-emption as "aforefaid ")."

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"Peter and Forncett Saint Mary, in the County of
"Norfolk."

ORDERED, That the faid Bill be committed to the
Confideration of the Lords following:
D.CUMBERLAND. L. Bp. Chichefter. L. Ponfonby.
L. Bp. Rochefter. L. Harrowby.
L. Walfingham.
L. Bagot.

D. Norfolk.

D. Beaufort.

E. Suffolk &

Berkshire.

E. Bridgewater.
E. Berkeley.
E. Selkirk.

E. Aboyne.
E. Pomfret.
E. Egremont.
E. Radnor.
E. Bathurst.
E. Clancarty.
E. Rofslyn.
E. Limerick.
E. Grey.
E. Lonsdale.
V. Sidmouth.

L. Rolle.

L. Bayning.
L. Redefdale.
L. Sheffield.

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

Strumpfhaw,
Hodie 2a vice lecta eft Billa, intituled, "An Act for
&c.Enclosure" enclofing Lands in the Parishes of Strumpfhaw and
Surlingham, in the County of Norfolk."

Bill.

Barmouth
Road Bill.

Hayes Enclofure Bill.

Maxey, &c.
Enclofure
Bill.

Weft India

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ORDERED, That the faid Bill be committed to the Confideration of the Lords Committees aforenamed: Their Lordships, or any Five of them, to meet on the fame Day, at the fame Place; and to adjourn as they please.

Hodie 2 vice lecta eft Billa, intituled, " An A&t for making and maintaining a Road leading from Bar"mouth, in the County of Merioneth, to Traethmawr, in "the County of Caernarvon; and for building a Bridge "at Traethbach in the faid County of Merioneth."

ORDERED, That the faid Bill be committed to the Confideration of the Lords Committees aforenamed: Their Lordships, or any Five of them, to meet on the fame Day, at the fame Place; and to adjourn as they please.

"of the Reign of His prefent Majefty, for making, main-
"taining, watching, lighting, and watering feveral
"Roads to communicate with the Weft India Docks in
"the Ile of Dogs, and the Eaft India Docks at Black-
"wall, both in the County of Middlefex; and alfo, of
"feveral Acts for repairing the Cannon Street Road
"in the faid County; and alfo for making, maintaining,
"watching, lighting, and watering a New Road from
"the faid Road communicating with the East India
"Docks to Barking in the County of Effex; and for

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enlarging the Powers of an Act paffed in the Forty-
eighth Year of the Reign of His prefent Majefty, for
"making and maintaining a Road from the Romford
" and Whitechapel Road to or near to Tilbury Fort in the
"County of Effex; and praying, That they may be heard by
"their Agents, Counsel, and Witneffes, against fuch Parts
"of the faid Bill as may be prejudicial to the Fishery
"and Navigation in and upon the River Lea, and other-
"wife detrimental to the Rights and Privileges of the
"faid Mayor and Commonalty and Citizens; and that
"the faid Bill may not pafs into a Law as it now
"ftands:"

It is ORDERED, That the faid Petition be referred
to the Committee, to whom the faid Bill ftands com-
mitted; and that the Petitioners be at Liberty to be heard
by their Counsel against the same, as defired; and that
think fit.
Counsel be heard for the Bill at the fame Time, if they

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The House was moved, "That the Standing Order, Standing
requiring Fourteen Days Notice to be given of the Order to be
"Time of the Meeting of Committees upon Private confidered
"Bills, may be fo far difpenfed with as relates to the
"faid Bill:"

Hodie 2a vice lecta eft Billa, intituled, " An A&t for
ORDERED, That the faid Motion be taken into Con-
"enclofing Lands in the Parish of Hayes in the County fideration To-morrow; and that the Lords be fum-
"Middlefex; and for extinguishing the Tithes in the
"faid Parifh."

ORDERED, That the faid Bill be committed to the
Confideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet To-
morrow, at the usual Time and Place; and to ad-
journ as they please.

Hodie 2 vice lecta eft Billa, intituled, " An Act for "enclofing Lands in the Parishes of Maxey-with-Deep"ingate, Northborough, Glinton-with-Peakirk, Etton, "and Kelpftone, in the County of Northampton."

ORDERED, That the faid Bill be committed to the Confideration of the Lords Committees aforenamed: Their Lordships, or any Five of them, to meet on the fame Day, at the fame Place; and to adjourn as they please.

Upon reading the Petition of the Lord Mayor, AlderDocks, &c. men, and Commons of the City of London, in Common Roads Bill, Council affembled, taking Notice of a Bill depending Petition in this House, intituled," An Act for altering and enagainst referred to Com-larging larging the Term and Powers of Three Acts made in "the Forty-fecond, Forty-fourth, and Forty-fixth Years

mittee:

2

moned.

on it.

The Report of the Judges to whom was referred the Bp. WinchefConfideration of a Copy of the Bill, intituled, "An Act ter's Bill, "for the Application of the Purchase Money of certain Judges Re"Lands taken from the Poffeffions of the See of Win- port on. "chefter, under the Provifions of an Act of the Forty"fixth Year of His prefent Majefty, intituled, " An "Act for vefting certain Meffuages, Lands, Tenements, "and Hereditaments in Trustees, for better fecuring "His Majesty's Docks, Ships, and Stores at Portsmouth, "and for extending the Works and Lines at Dover," was read.

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Lords

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ittee:

ttee

a

an.

hemp

harity

adges

on:

Standing Order to be con

fidered on it.

D. Grafton's Petition to

"Parish of Allhallows Barking, in the City of London, "to grant a Lease of certain Eftates belonging to the "fame Parish, pursuant to an Agreement entered into "for that Purpose," was read.

The House was moved, "That the Standing Order, "requiring Fourteen Days Notice to be given of the "Time of the Meeting of Committees upon Private "Bills, may be fo far difpenfed with as relates to the "faid Bill."

ORDERED, That the faid Motion be taken into Confideration To-morrow; and that the Lords be fummoned.

Upon reading the Petition of the Moft Noble Augustus Henry Duke of Grafton; setting forth, "That the Petireceive Judges «tioner presented a Petition to this House on the Report. "Twenty-feventh Day of February laft, praying for "Leave to bring in a Bill for the Purposes therein men❝tioned; which Petition their Lordships were pleased "to refer to the Confideration of Mr. Juftice Heath and "Mr. Baron Wood: That owing to the peculiar Cir"cumftances of the Cafe, and on Account of Delays in "preparing the Bill, the Petitioner was not ready to go before the Judges until after the Time limited by "this House for receiving Reports from the Judges had "expired: That the faid Judges have fince gone through "the faid Bill, and have figned the fame, together with "their Report thereon; and therefore praying, That "their Lordships will be pleased to receive the said Report:"

D. Grafton,

Bill:

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It is ORDERED, That the faid Report be now received.

Accordingly, After reading and confidering the Leave for a Report of the Judges, to whom was referred the Petition of the Moft Noble Auguftus Henry Duke of Grafton, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

Bill read.

Customs Penalties Bill.

Daly against Daly et al.

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Hodie 1 vice lecta eft Billa, intituled, "An A&t for "enabling the Moft Noble Auguftus Henry Duke of Grafton, and the Duke of Grafton for the 'Time being, "to charge with Jointures the unredeemed Part of the "Annuity of Six thousand eight hundred and feventy "Pounds, payable out of the Confolidated Fund, in "lieu of the Duties of Prisage and Butlerage of Wines, "granted by King Charles the Second to Henry First "Duke of Grafton, and the Heirs Male of his Body, "and the Stocks already transferred in Redemption of "Part of the faid Annuity, and the Stocks which fhall "be transferred in Redemption of the Remainder of "the fame Annuity; and for enabling the Sale of all or "any Part of the faid Stocks; and investing the Money arifing from any fuch Sale in the Purchase of Manors, Lands, and Hereditaments, and for other Purposes.”

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Hodie 2a vice lecta eft Billa, intituled, "An A&t for. giving Jurifdiction to Juftices of the Peace to hear "and determine Profecutions for Penalties incurred by any Offence against the Laws relating to the Revenue "of Customs; and alfo requiring all Goods cuftomable " and not excifeable, feized by any Police or Peace "Officer, to be brought to the Cuftom-House Ware"houfe in London, within a certain Period."

ORDERED, That the faid Bill be committed to a Committee of the whole House.

ORDERED, That the House be put into a Committee upon the faid Bill To-morrow.

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"praying that the fame might be reverfed: That on or "about the 31ft Day of December 1806, the above "named Refpondent Michael Daly put in his Answer "to the faid Appeal, and the Caufe was fet down for hearing before their Lordfhips: That in the Month of "October 1808 the faid Michael Daly departed this "Life, having made his Will, and appointed Three "Persons, therein named, his Executors, all of whom "have renounced or declined proving the faid Will; "whereupon Letters of Administration were granted to "John Sunderland Efquire, who is thereby become the legal Perfonal Reprefentative of the faid Michael Daly: "That the faid Appeal having, by the Death of the "faid Michael Daly, become abated as to him, the "Petitioner is advised, that the fame should be revived "as against the faid John Sunderland; and therefore praying their Lordships, That the said Appeal may be "revived as against the faid John Sunderland, as the "Representative of the faid Michael Daly, and that he may be ordered to answer the fame:"

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ORDERED, That all the Lords who have been or Wallingford fhall be prefent this Seffion, and are not named of the Bridge Bill, Committee, to whom the Bill, intituled, "An Act for all Lords taking down and rebuilding the Whole or Part of a Committee: "certain Bridge called Wallingford Bridge, in the Bo"rough of Walling ford, in the County of Berks; and "for opening, widening, and improving the Avenues or Approaches to the faid Bridge," stands committed, be added thereto.

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A Petition of Theobald Butler Efquire and Elizabeth Butler et al. his Wife, and others, Appellants in a Caufe depending against in this House, to which Stephen Moore and Richard Moores: Moore Efquires are Refpondents, which stands appointed for hearing, was prefented and read; fetting forth, "That the Appellants are defirous, and the Refpondents

confent, that this Appeal may be withdrawn; and "therefore praying, That they may have Leave to "withdraw their faid Appeal."

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

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ORDERED, That the faid Report be printed,

delivered.

vote at Elec

Upon reading the Petition of Archibald Earl of Gosford, E. Gosford's in that Part of the United Kingdom of Great Britain and Petition Ireland called Ireland; fetting forth, "That His Majefty, claiming to by Letters Patent bearing Date at Dublin, the First Day tions of Peers "of February in the Forty-fixth Year of His Reign, ad- for Ireland. "vanced, preferred, and promoted the Petitioner's Father, "Arthur then Viscount Gosford, to the State, Degree, 4 G

"Title,

Land Tax

ers Bill:

"Title, Stile, Dignity, and Honour of an Earl of that "Part of the faid United Kingdom called Ireland, by "the Name, Stile, and Title of Earl of Gosford, of "Market Hill, in the County of Armagh, in Ireland, "by way of Promotion, to hold to him the faid Arthur "and to the Heirs Male of his Body lawfully begotten, " and to be begotten, for evert That the Petitioner's "faid Father died on the Fourteenth Day of January in "the Year One thousand eight hundred and feven, "leaving the Petitioner his eldest Son and Heir Male of "his Body; and therefore praying their Lordships to "order, That the Petitioner's Right to vote on the "Election of Peers to fit and vote on the Part of Ire"land, in the Houfe of Peers of the Parliament of the "United Kingdom of Great Britain and Ireland, may be "allowed and established."

It is ORDERED, That the faid Petition be referred to the Lords Committees for Privileges.

The Houfe (according to Order) was adjourned Commiffion during Pleafure, and put into a Committee upon the Bill, intituled," An Act for rectifying Mistakes in the "Names of the Commiffioners appointed by an Act of "the laft Seffion of Parliament, for appointing Com"miffioners for carrying into Execution an Act of this "Seffion of Parliament, for granting to His Majefty a "Duty on Penfions and Offices in England, and an "Act made in the Thirty-eighth Year of His prefent "Majefty, for granting an Aid to His Majefty by a "Land Tax to be raised in Great Britain, for the Ser"vice of the Year One thousand seven hundred and "ninety-eight; and for appointing other Commiffioners, "together with those named in the first-mentioned A&t, "to put in Execution an Act of this Seffion of Par"liament, for continuing to His Majesty certain Duties on Malt, Sugar, Tobacco, and Snuff in Great Bri"tain, and on Penfions, Offices, and Perfonal Estates "in England, for the Service of the Year One thousand "eight hundred and nine, alfo the faid Act made in "the Thirty-eighth Year of His prefent Majefty; and "for indemnifying fuch Perfons as have acted as Com"miffioners for executing the faid Acts.”

Gateshead Enclofare Bill.

Gateshead

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The Lord Walfingham reported from the Lords Committees, to whom the Bill, intituled, " An Act for enclofing Lands in the Parifh of Gateshead, in the "County of Durham," was committed: "That they "had confidered the faid 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 Com"mittee had gone through the Bill, and directed him to report the fame to the House, without any "Amendment."

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The Lord Walfingham reported from the Lords ComChurch Bill. mittees, to whom the Bill, intituled, "An A&t for build"ing a Church on Gateshead Fell, in the Parish of Gateshead," was committed: "That they had con"fidered the faid 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 fame to the House, without any "Amendment."

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"and Annoyances therein; and for erecting a Court"House and Prison for the Borough of Leeds; and for "widening and improving the Streets and Paffages in "the faid Town," was committed.

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The Lord Walfingham reported from the Lords Com- Brafiers Committees, to whom the Bill, intituled, " An Act to enable pany's Bill. "the Company of Armourers and Brafiers in the City of "London, to fell and convey to the Governor and Company of the Bank of England, feveral Lands and "Tenements in the Parish of Saint Olave Jewry London, " formerly of Dame Elizabeth Morrys, difcharged from "the Trufts for Charitable Purpofes affecting the fame, by virtue of the Will of the faid Dame Elizabeth "Morrys, and to fubject other Lands and Tenements "of the faid Company of Armourers and Brafiers to the "like Trufts," was committed: "That they had con"fidered the faid Bill, and examined the Allegations "thereof, which were found to be true; that the "Parties concerned had given their Confents, to the "Satisfaction of the Committee; and that the Committee "had gone through the Bill, and made One Amendment "thereto."

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

ORDERED, That the faid Bill, with the Amendments, be engroffed.

Bill.

The Lord Walfingham reported from the Lords Com- Whittlesford mittees, to whom the Bill, intituled, " An Act for en- Enclosure clofing Lands in the Parish of Whittlesford, in the County of Cambridge," was committed: "That they "had confidered the faid Bill, and examined the Allegations thereof, which were found to be true; that "the Parties concerned had given their Confents, to the "Satisfaction of the Committee; and that the Com"mittee had gone through the Bill, and made one "Amendment thereto."

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Which Amendment was read by the Clerk, as fol. lows; (videlicet)

"Pr. 52. L. 28. Leave out the whole of the Interli"neation."

And the faid Amendment, being read a Second Time, was agreed to by the House.

ORDERED, That the Committee to whom the Bill, Maffingberd's intituled, " An Act for vefting Part of the Real Estate, Bill. "devised by the Will of Henry Maffingberd Efquire,

deceased, in Trustees to be fold, and for applying "Part of the Purchase Money in paying off certain "Incumbrances affecting the faid Eftates, and for "laying out the Residue thereof in the Purchase of other "Eftates to be fettled to the fame Ufes," ftands committed, be revived, and meet To-morrow.

ORDERED, That the Committee to whom the Bill, Craven's Bill. intituled, "An Act for vefting certain detached Parts "of the Estates devifed or limited to ftrict Uses, by the "Will of the Right Honourable William late Lord "Craven deceased, and fituate in the County of Glou"cefter, in Trustees to be fold, and for applying Part of "the Monies arifing from the Sale thereof, in Discharge "of an Incumbrance fubfifting thereon, and for laying ❝out the Refidue of fuch Monies in the Purchase of "other Eftates, to be fettled to the fame Ufes," ftands committed, be revived, and meet To-morrow.

The Order of the Day being read for the further Con- Powlett's fideration and Second Reading of the Bill, intituled, Divorce Bill, "An Act to difolve the Marriage of Thomas Norton "Powlett the younger Efquire, with Letitia Mary his "now Wife, and to enable him to marry again, and for "other Purposes therein mentioned ;" and for hearing Counsel further in fupport of the fame;

Counsel were accordingly called in:

Then

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Q. "What Enquiries did you make; what Subject "did you fay you came to enquire about?"

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A. "I enquired upon three distinct Heads; the First was, Whether, after Mrs. Powlett returned from Winchefter, the obferved any Thing particular in her Apparel or Linen. She informed me, that, on Friday "the Tenth of June laft, Mrs. Powlett went out "thoroughly clean in the Morning, and fhortly after "her Return, the fame Afternoon, it was known at the "House, the Tranfaction which had taken place between "her and Lord Sackville at Winchefter. She faid, Mrs. "Powlett was very unhappy, and did not go to-bed on "the Friday Night: That on the Saturday Morning she "difcovered Stains upon her Gown; and that, on the Monday, herself and Mrs. Powlett accompanied Mr. Henry Powlett towards London, and that when they came to Alresford Mrs. Powlett, by her Defire, fhifted "her Linen, and that fhe had not done fo before, and "that she then obferved Marks fimilar to that fhe had "obferved the preceding Saturday on her Gown, upon "her Shift and Petticoat, and fuch Marks, that she had "no Doubt in her own Mind but that Mrs. Powlett "must have been connected with some Man the Day she "went to Winchester. I then asked her, Whether the "had ever been in the Habit of fetching any Letters "from the Poft Office at Southampton, directed to her, "Mrs. Barber, by the Name of Fox? fhe declared, fhe ❝ had not. I then asked her, Whether at any Time, "when Lord Sackville had been in the Lodging in York "Place, London, fhe had, after he had left her, noticed "her Cloaths tumbled? fhe faid, fhe had not noticed any Thing of the Description; but that Lord Sackville was in the Habit of frequently coming, and staying an Hour, or an Hour and a Half, at a Time, when "Colonel Powlett was abfent; and that once, when "Mrs. Powlett was in Lodgings at Mr. Hammond's, in "Southampton, I believe, Lord Sackville came to the Houfe, and was alone with Mrs. Powlett from Eight "o'Clock till One the following Morning; and that during the Whole of that Time, the Bell was never rung, nor had they been ferved with any RefreshThat is all I have to say."

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Q. "What Anfwer did fhe make?"

A." She faid, none; that the had no caufe to fufpect "that any fuch Thing would take place."

Q. "Did you put to her at that Time any Queftion "refpecting what fhe had obferved, refpecting her "Linen ?"

A. "As far as my Recollection will carry, I incline "to think I did; but cannot fpeak pofitively."

Q." When you put the Question to her at laft, re"lative to the Appearances of the Gown, was that fuggested by your ownself, or by any body elfe ?"

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A. "I was directed by Mr. Curry."

Q." When you faw her at Bath, did you ask her any Explanation how it happened, that the before had "faid fhe knew nothing about it?"

A." No, the did not: I remarked it was a pity the "had not mentioned it before."

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"She at that Time was not Mrs. Powlett's Maid, "the had left Mrs. Powlett?"

A. "I rather think not. I knew the accompanied "Mrs. Powlett to London. I do not think the had "quitted her at that Time: I had a Letter from Mrs. "Powlett about that Time from Hans Place near "London."

Q." Did you ftate to Mr. Curry what Information "this Woman could give?"

A. "I did not."

Q. From whom did you learn fhe could give any "Evidence?"

A. "From Mrs. Powlett herself, by Letter."

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"When had Mrs. Powlett written that Letter to

"you?"

A. "

Shortly after the Conclufion of the Business in "the Ecclefiaftical Court at Winchefter."

Q." Did the communicate to you what Evidence "this Woman could give, or only in general what Evi"dence fhe could give?"

A. "Mrs. Powlett wrote to me, lamenting her Situa ❝tion, and faying the thought that to remain without "Protection

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