Date.

24th October 1809

115.

26th

116.

30th

117.

30th

118.

31st

119.

30th October

120.

3d November

121.

Ditto

3d

F. Moore Efq.

3d

Ditto

124.

Lieut. Colonel Torrens

4th

Lieut. General Don

4th

Lieut. Colonel Torrens
Ditto

7th

8th

F. Moore

Ditto

Lieut. General Don

tures from Foreign and Colonial Merchandize; and "diftinguishing the United States from other Parts of "America; in the Four Quarters ending 10th October "1806, 1807, 1808, and 1809."

Alfo, "An Account of the Official Value of British "Produce and Manufactures, and of Foreign and Co"lonial Merchandize, exported from Great Britain, in "the Three Quarters ending 10th October 1807, 1808, "and 1809 refpectively; diftinguishing the principal "Articles exported."

Alfo, "An Account of the Real Value of the prin"cipal Articles of the Produce of the United States of "America, imported into England, in the Years ending "10th October 1807, 1808, and 1809 refpectively, compared with Articles of the fame Nature, being "the Growth or Production of other Parts of the "World, imported during the fame Period."

10th 25th."

"recommends it to the Houfe of Lords tó concur in
"enabling His Majefty to make Provifion for fecuring to
"the faid Lieutenant General Arthur Lord Viscount

Wellington, and the Two next fucceeding Heirs on
"whom the Titles of Viscount Wellington of Talavera,
"and of Wellington in the County of Somerset, and of
"Baron Douro of Wellesley in the faid County, shall
"defcend, a Net Annuity of Two thousand Pounds, in
"fuch Manner as fhall be thought most effectual for the
"Benefit of the faid Lord Viscount Wellington, and his
Family."
G. R."

And the fame being again read by the Clerk; deration To-morrow; and that the Lords be fummoned. ORDERED, That the faid Meffage be taken into Confi

The Lord Mulgrave (by His Majesty's Command) Letter from Ld. Gambier laid before the House, "Copy of a Letter from the W. Pole to "Honourable W. W. Pole, dated 4th June 1809, ad- delivered, "dreffed to Admiral. Lord Gambier, in reply to his

66

Lordship's Request of the 30th May, that a Court
"Martial might be ordered to enquire into his Conduct.”,
And the Title thereof, being read by the Clerk;
ORDERED, That the faid Copy do lie on the Table.

The Order of the Day being read for the Lords to be Thanks to fummoned :

It was moved to refolve, "That the Thanks of this
"House be given to Admiral Lord Gambier, for the
"Zeal, Judgment, Ability, and anxious Attention to
"the Welfare of His Majesty's Service, which marked
And alfo, "An Account of the Official Value of "his Lordship's Conduct as Commander in Chief of
Imports into Great Britain, (exclufive of Eaft" the Fleet in Bafque Roads, by which the French Fleet,
"India Goods,) in the Three Quarters ending 10th
"October 1807, 1808, and 1809 refpectively; distin-
guishing the principal Articles imported."

Refolved, Nemine Diffentiente, That the Thanks of
this House, be given to Admiral Lord Gambier, for the
Zeal, Judgment, Ability, and anxious Attention to the
Welfare of His Majefty's Service, which marked his
Lordship's Conduct as Commander in Chief of the Fleet
in Bafque Roads, by which the French Fleet, which had
taken Refuge under the Protection of their own Batteries,
were driven on Shore and difabled, and a confiderable
Part of them destroyed, on the 11th and 12th of April
1809.

ORDERED, That the Lord Chancellor do give his
Lordship the fame, when he is in his Place, in this
House.

Refolved, Nemine Diffentiente, That the Thanks of
this House be given to Rear-Admiral the Honourable
Robert Stopford, Captain Sir Harry Neale Baronet,
Captain of the Fleet, and to the feveral Captains and

5

Officers

Ld Gambier and others.

50 GEO. III.

Sparlings et

al. Petition referred to Judges.

Walditch
Enclofure

Bill, Lord

Rolle Leave to go to

Journals of the House of Lords.

Officers of the Fleet under the Command of Admiral Lord Gambier, for their gallant and highly meritorious Conduct, on that glorious Occafion, particularly marked by the brilliant and unexampled Succefs of the difficult and perilous Mode of Attack by Fire Ships, conducted under the immediate Direction of Captain Lord Cochrane; and that Admiral Lord Gambier do fignify the fame to them.

Refolved, Nemine Diffentiente, that this Houfe doth highly approve of, and acknowledge the Services of the Seamen and Marines on board the Ships under the Command of Admiral Lord Gambier, in the late glorious and successful Attack on the French Fleet in Bafque Roads; and that the Captains and Commanders of the several Ships do fignify the fame to their respective Crews, and do thank them for their meritorious and gallant Conduct.

ORDERED, That the Lord Chancellor do communicate the faid Two laft Refolutions, to Admiral Lord Gambier.

Upon reading the Petition of William Sparling of Petton Hall, in the County of Salop, Efquire, for himself, and for and on Behalf of his Infant Children, John Charles Sparling, Mary Elizabeth Sparling, and Emma Anne Sparling; and alfo of Abednego Matthew of Oatley Park, in the faid County of Salep, Efquire, and of Elizabeth his Wife; and alfo of John Thomas Hendry Hopper of Whitton Castle, in the County of Durham, Efquire, and Anne his Wife, for themselves, and for and on Behalf of John Robert Hopper, Rofetta Anne Hopper, Elizabeth fabella Hopper, Mary Anne Hopper, Philadelphia Hopper, and Ralph Lambton Hopper, their Infant Children; praying Leave to bring in a Bill, for the Purposes in the faid Petitfon mentioned:

It is ORDERED, That the Confideration of the faid Petition be, and is hereby referred to the Lord Chief Juftice of the Court of Common Pleas, and Mr. Juftice Lawrence, who are forthwith to fummon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Cafe, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Confequences of the Bill, have figned the Petition; and alfo that the Judges, having perufed the Bill, do fign the fame.

The Lord Rolle acquainted the House, "That he had "been informed, his Teftimony was material to be given before a Committee of the House of Commons, appointed to confider of a Petition for Leave to bring Committee of in a Bill, for enclofing certain Lands in the Parish of "Walditch, in the County of Dorfet; and requested "Leave to go to the faid Committee, to give Evidence before the fame." Whereupon,

H. C.

PRAYERS.

Dux Norfolk, Maref- Ds. Holland.

callus.

Dux Somerfet.

March. Lansdowne.
March. Stafford.

Comes Suffolk &
Berkshire.
Comes Northampton.
Comes Thanet.
Comes Sandwich.
Comes Effex.
Comes Albemarle.
Comes Home.
Comes Strathmore.
Comes Aberdeen.
Comes Oxford &
Mortimer.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret
Comes Buckingham-
fhire.

Comes Harcourt.
Comes Hardwicke.
Comes Spencer.
Comes Bathurst.
Comes Hillsborough.
Comes Grofvenor.
Comes Mount Edg-
cumbe.
Comes Liverpool.
Comes Longford.
Comes Rosslyn.
Comes Chichester.
Comes Limerick.
Comes Clancarty.
Comes Powis.
Comes Grey.
Comes Harrowby.

Viscount Sydney.

Viscount Melville.
Viscount Sidmouth.

Ds. Brownlow.

445

Ds. Walfingham.
Ds. Eliot.

Ds. Bulkeley.

Ds. Montagu.

Ds. Heathfield.

Ds. Grenville.
Ds. Douglas of Loch-
leven.
Ds. Mulgrave.
Ds. Rolle.
Ds. Bayning.
Ds. Bolton.
Ds. Keith.
Ds. Redesdale.
Ds. Arden.
Ds. Ponsonby of Imo-
killy.

Ds. Ailfa.
Ds. Gambier.

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

Houfe, a Bill, intituled, " An Act for naturalizing the ed.
Accordingly, The Lord Walfingham prefented to the Bill prefent-
"Right Honourable Catherine Countefs of Pembroke
"and Montgomery."

The faid Bill was read the First Time.

The Houfe being moved, "That James O'Meara of O'Meara to
"the City of Limerick, Gentleman, may be permitted enter into
"to enter into a Recognizance for Denis O'Brien Recogniz-
Efquire, on account of his Appeal depending in this
Houfe, he refiding in Ireland:"

It is ORDERED, That the faid James O'Meara may enter into a Recognizance for the faid Appellant, as

defired.

ance on

O'Brien's
Appeal.

This Day Bowyer Edward, Lord Bishop of Chester, Bp. Chester took the Oaths, and made and fubfcribed the Declaration, takes the and alfo took and fubfcribed the Oath of Abjuration, Oaths. pursuant to the Statutes.

446

Sitwell

forth et al.

Journals of the Houfe of Lords.

Upon reading the Petition of Thomas Shadforth, against Shad- William Batfon, and Thomas Richard Batfon, Defendants in a Writ of Error depending in this House, wherein Francis Sitwell, is Plaintiff; fetting forth, "That the "Plaintiff in Error has not affigned Errors within the "Time limited by their Lordships Standing Order; and "therefore praying their Lordships, That the faid Writ "of Error may be Non-pros'd, with fuch Cofts as to their Lordships fhall feem meet :"

Writ of
Error Non-
pros'd with
Colts.

Sitwell againft Marshall:

Writ of
Error Non-
pros'd with
Colts

Scholey

againft

Browne:

Writ of
Error Non-
pros'd with
Cofts.

Clarke againft Barrow:

Writ of

Error Nonpros'd with Cofts.

It is ORDERED, That the Petitioners do forthwith enter a Non-pros on the faid Writ of Error, as defired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgment given by that Court, as if no fuch Writ had been brought into this Houfe; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Forty Pounds, for their Cofts by reafon of the Delay of the Execution of the faid Judgment.

A. 1810.

Skinner

:

Upon reading the Petition of Robert Skinner, De- Richardfon fendant in a Writ of Error depending in this House, againft wherein William Richardfon is Plaintiff; fetting forth, "That the Plaintiff in Error has not affigned Errors " within the Time limited by their Lordfhips Standing "Order; and therefore praying their Lordships, That the "faid Writ of Error may be Non-pros'd, with fuch "Cofts as to their Lordships fhall feem meet :"

It is ORDERED, That the Petitioner do forthwith Writ of Error enter a Non-pros on the faid Writ of Error, as defired; Non-pros'd with Cofts. and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgment given in that Court, as if no fuch Writ of Error had been brought into this Houfe; and further, that the Plaintiff in Error do pay, or caufe to be paid, to the Defendant in Error, the Sum of Forty Pounds, for his Cofts by reafon of the Delay of the Execution of the faid Judgment.

The Order of the Day being read, for the Second Wellesley's Upon reading the Petition of Robert Marshall, De- Reading of the Bill, intituled, "An Act to diffolve the Divorce Bill. "Marriage of the Right Honourable Henry Wellesley fendant in a Writ of Error depending in this House, "with the Right Honourable Lady Charlotte Wellesley "his now Wife, and to enable him to marry again, and wherein Francis Sitwell is Plaintiff; fetting forth, "That "the Plaintiff in Error hath not affigned Errors within "for other Purposes therein mentioned;" and for hearthe Time limited by their Lordships Standing Order; to be fummoned : " and therefore praying their Lordships, That the faiding Counfel for and against the same, and for the Lords "Writ of Error may be Non-pros'd, with fuch Cofts as "to their Lordships fhall feem meet :"

It is ORDERED, That the Petitioner do forthwith enter a Non-pros on the faid Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgment given by that Court, as if no fuch Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or caufe to be paid, to the Defendant in Error, the Sum of Forty Pounds, for his Cofts by reason of the Delay of the Execution of the faid Judgment.

Upon reading the Petition of George Henry Browne, Defendant in a Writ of Error depending in this House, wherein Godfrey Scholey is Plaintiff; fetting forth, "That "the Plaintiff in Error hath not affigned Errors within. "the Time limited by their Lordfhips Standing Order; "and therefore praying their Lordships, That the faid "Writ of Error may be Non-pros'd, with fuch Cofts as "to their Lordships fhall feem meet :"

It is ORDERED, That the Petitioner to forthwith enter a Non-pros on the faid Writ of Error, as defired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgment given by that Court, as if no fuch Writ of Error had been brought into this Houfe; and further, that the Plaintiff in Error, do pay, or caufe to be paid, to the faid Defendant in Error, the Sum of Forty Pounds, for his Cofts by reafon of the Delay of the Execution of the faid Judgment.

Upon reading the Petition of Jofiah Barrow, Defendant in a Writ of Error depending in this Houfe, wherein John Clarke is Plaintiff; fetting forth, "That the Plain"tiff in Error has not affigned Errors within the Time "limited by their Lordships Standing Order; and there"fore praying their Lordships, That the faid Writ of "Error may be Non-pros'd, with fuch Cofts as to their Lordfhips fhall feem meet :"

It is ORDERED, That the Petitioner do forthwith enter a Non-pros on the faid Writ of Error, as defired; and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgment given in that Court, as if no fuch Writ of Error had been brought into this Houfe; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds, for his Cofts by reafon of the Delay of the Execution of the faid Judgment.

Counsel were accordingly called in;

And Mr. Garrow and Mr. Harrifon appearing as Counsel for the Petitioner; and no Counfel appearing for Lady Charlotte Wellesley; Mr. Garrow was heard to open the Allegations of the Bill.

Then Mr. John Spinks was called in; and, having been fworn, was examined as follows:

"

Q. "Did you ferve Lady Charlotte Wellesley with a
Copy of the Bill, and of the Order for Attendance?"
A. "I did."

Q." When did you ferve her?"

A. "I ferved her on Tuesday the 30th of January
"laft."

Q. "Where was Lady Charlotte Wellesley then?"
A. "Living at Chelfea."

Q. Did you deliver them to Lady Charlotte Wel-
"lesley herself?"
A. "I did."
know the Perfon to whom
Q. "Did
"them to be Lady Charlotte Wellesley?"
A." She acknowledged herself to be Lady Charlotte
Wellesley."

you

delivered Q." Was Mrs. Hill prefent at the Time "these to the Lady you supposed to be Lady Charlotte Wellesley?"

A. "She was."

Q. "Look at this Gentleman (Mr. Spinks). Were you prefent when this Gentleman delivered any Papers "to Lady Charlotte Wellesley on the 30th of January?" A. "I was."

Q." Was the Lady to whom he delivered, and with "whom he left those Papers, Lady Charlotte Wellesley?" A." It was."

Q. "You were then refiding in the fame House with
"Lady Charlotte Wellesley?"
A. "I was."

Q. "And you ftill refide there ?"
I do.'

Then General Jacob Bude was called in; and, being "the 7th of November laft, to Meffieurs Drummonds, on fworn, was examined as follows:

Q. "I believe you were acquainted with Mr. Henry
Wellesley before his Marriage?"

66

A. Very little."

Q.

"Did you know him?"

A. "I knew him."

Q." Were you prefent at his Marriage with his
prefent Wife Lady Charlotte Cadogan ?"

A. "I was."

Q. Where did the Marriage take place?"
A. "At Lord Cadogan's Place, near Brandon.'
(Question by a Lord.) "Was it a Marriage by a Spe-
"cial Licence ?"

Then Mr. John Spinks was again called in, and examined as follows:

2. "Have you a Copy of the Judgment in the Court
"of King's Bench, in an Action brought by Mr. Wel-
"leЛley against Lord Paget for Criminal Conversation ?”
The Witness produced a Paper, and faid, "I have;
"I examined it with the Clerk of the King's Bench
Treasury."

Then the Witness delivered in an Office Copy of a
Record of Judgment of the Court of King's Bench in
Eafter Term, in the Forty-ninth Year of the Reign of
His prefent Majesty, in an Action by the Honourable
Henry Wellesley against Henry William Paget, for Trespass,
Affault, and Criminal Conversation with Lady Charlotte
Wellesley; the Damages recovered Twenty thoufand
Pounds, befides Cofts of Suit.

"Mr. Wellesley's Account."

The Witnefs was directed to withdraw. Then William Baron Tuyle was called in; and, being fworn, was examined as follows:

Q. "Had you an Apartment at the Houfe of a "Mr. Atkins ?"

"What Apartment had you in that House ?" A. "I had a First Floor; a Sitting-Room, Bed"Room, and Dreffing-Room."

Q." Was there more than One Bed in that Apart "ment ?"

A. "Only One."

Q.

A.

"Are you acquainted with Lord Paget?"
"I am."

Q." And with Lady Charlotte Wellesley?"

A. "Yes, I am."

Q." Did they at any Time occupy the Apartment "which belonged to you in Mr. Atkins's House?" A. "They did."

Q. "When did they begin to occupy this Apart

"ment?"

A." To the best of my Recollection it was on the "6th or 8th, I cannot recollect exactly which, of the "Month of March laft."

Q. "How long did they continue there?"
A." Till the Saturday following."

Q. "Did you fee them there from Time to Time"
"whilft they continued to occupy your Apartment ?”
A. "I did."

Q." At what Times in the Day have you feen them "there?"

A. "I used to call there every Day; and fometimes "I have seen them twice a Day."

Q. "Were there any other Accommodation for them. "with refpect to fleeping, excepting the Bed which you "have previously occupied ?"

A. "None in my Apartment."

Q." And you introduced them to that Apartment as "Friends of yours?"

Q. By what Name did they pafs there?"
A. "No Name was mentioned."

Q." But they paffed there as Hufband and Wife, "under fome temporary Embarraffments, coming from "the Country?"

A." Yes; and who wifhed to remain fome few Days "concealed there: that was what I told Mrs. Atkins." "Did they fleep together

(Question by a Lord.) "there?"

A. "I cannot fay."

The Witness was directed to withdraw.

Then Rebecca Parish was called in; and, being fworn, was examined as follows:

Q. Are you a Servant to Mrs. Atkins of Mount "Street?"

A. "Yes."

Q. "Did