House of Lords Journal Volume 38: April 1788 1-10

April 1788 1-10

DIE Lunæ, 7^o Aprilis 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Donald against Kirkaldy.

After hearing Counsel in Part in the Cause, wherein David Donald Esquire of Conheath is Appellant, and Ann Kirkaldy and George Kirkaldy her Father are Respondents:

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

D. Newcastle's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for divesting Sir Henry Clinton, and his Heirs, of the Trusts of divers Castles, Honours, Manors, Messuages, Lands, Tenements, and Hereditaments of the Most Noble Henry Duke of Newcastle; and for vesting the same in another Trustee, upon the same Trusts and with the like Powers as are mentioned and declared in an Indenture of Release of the Twentieth Day of May One thousand seven hundred and seventy-five, or such of them as remain to be performed or are capable of taking Effect."

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. Montagu and Mr. Walker:

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

Templer's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of James Templer Esquire in the County of Devon, in him and his Heirs, in Exchange for another Estate of greater Value in the same County, to be settled in lieu thereof."

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

Their Lordships, or any Five of them, to meet on Tuesday the 22d Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Hicks' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain detached Parts of the Estates devised by the Will of Michael Hicks Esquire in Norfolk, Suffolk, Gloucestershire, and London, in Trustees to be sold, and for enabling them with Consent of the Claimants under the Will to sell the Timber and Trees upon certain Wood Lands in Essex, other Part of the devised Estates, and applying Part of the Purchase Money of the Timber in improving the Woodlands, and to invest the Purchase Money of the detached Estates, and the Residue of the Purchase Money of the Timber in other Estates to be settled to the same Uses."

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

Their Lordships, or any Five of them, to meet on Wednesday the 23d Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

Sir T. Acland's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Trustees of the Will of Sir Thomas Dyke Acland Baronet to cut down and sell Timber upon the Estates thereby devised, and to grant Leases of Part of the same Estates upon Fines, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments to be settled to the Uses of the Will."

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

Their Lordships, or any Five of them, to meet on Thursday the 24th Day of this Instant April, at the usual Time and Place; and to adjourn as they please.

Maidstone Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue the Term and Powers of an Act passed in the Ninth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from Maidstone through Debtling, to Key Street in the Parishes of Borden and Bobbing in the County of Kent."

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

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

Carnan against Green, 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 Thomas Carnan is Plaintiff, and John Green 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.

Carnan against Truman 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 Thomas Carnan is Plaintiff, and John Truman 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.

Carnan against Malin 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 Thomas Carnan is Plaintiff, and George Malin 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.

Stration against Graham.

Upon reading the Petition and Appeal of Andrew Stration Tenant in Pitmurthly; complaining of Nine Interlocutors of the Lord Ordinary in Scotland, of the 10th of February, the 29th of June, the 14th of July and 24th of December 1785, the 28th of January 1786, the 20th of November and 22d of December 1787, and the 31st of January and 8th of March 1788; and also of Six Interlocutors of the Lords of Session there, of the 10th and 28th of February 1786, the 19th of June and 4th of July 1787, and the 20th of February and 6th of March 1788; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Graham of Balgowan Esquire may be required to answer the said Appeal:"

It is Ordered, That the said Thomas Graham may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 5th Day of May next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Mackenzie et al. against Mackenzie et al.

Upon reading the Petition and Appeal of Captain Kenneth Mackenzie of Redcastle, and Alexander Paterson Writer in Edinburgh his Attorney, and of Roderick Mackenzie eldest Son of the said Captain Kenneth Mackenzie; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 4th of August and 21st of November 1787; and also of Two Interlocutors of the Lords of Session there, of the 6th and 11th of March 1788; and praying, "That the same may be reversed, varied, or amended, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordship's great Wisdom, shall seem meet; and that John Mackenzie late Merchant in Inverness and Mrs. Jean Thomson his Spouse may be required to answer the said Appeal:"

It is Ordered, That the said John Mackenzie and Jean Thomson his Spouse 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 May next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel in the Court of Session in Scotland, shall be deemed good Service.

Gordon against Ogilvie and Barclay.

The House being informed, "That Mrs. Ann Ogilvie and Robert Barclay her Husband, Respondents to the Cross Appeal of Mary Gordon, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon, an Affidavit of David Wemyss of the City of Edinburgh Gentleman of the due Service of the said Order being read:

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

Ogilvie against Gordon.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Mrs. Ann Ogilvie is Appellant, and Miss Mary Gordon is Respondent:"

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

Puleston's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for confirming and establishing an Exchange agreed upon between the Reverend Phillip Puleston Doctor in Divinity, Vicar of the Parish of Ruabon in the County of Denbigh, and Sir Watkin Williams Wynn Baronet, of certain Lands and other Hereditaments within the said Parish," stands committed, be revived and meet on Wednesday next.

Gossip's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for allowing Timber to be cut upon certain Estates settled by the Will and a Codicil of William Gossip Esquire; and for applying the Money to arise therefrom in making Repairs on the same Estates, and laying out the Remainder in Purchases of other Estates to be settled to the same Uses," stands committed, be revived and meet on Friday the 18th Day of this Instant April.

Pease's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to exchange Lands and Hereditaments between the Trustees of a Charity Estate in Heslewood in the Parish of Hesle in the County of the Town of Kingston-upon-Hull, and Joseph Robinson Pease Esquire," stands committed, be revived and meet on Tuesday the 15th Day of this Instant April.

Lever's Charity Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for better regulating the Charity of "Robert Lever of London Gentleman, deceased," stands committed, be revived and meet on Wednesday the 16th Day of this Instant April.

Sir S. Glynne's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable the Guardians of Sir Stephen Richard Glynne Baronet an Infant, and also Francis Glynne Esquire, and likewise the Guardians of the several Persons who may hereafter become entitled to the Estates in the County of Flint, comprised in the Settlement made on the Marriage of John Conway Glynne Esquire, deceased, and the Will of Sir John Glynne Baronet, also deceased, to grant Leases of the Coal and other Mines within the said Estates," stands committed, be revived and meet on Monday next.

Chafin's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of Part of the Settled Estates of William Chafin Clerk, in the Counties of Dorset and Wilts, for paying certain Portions charged thereon, and for other Purposes," stands committed, be revived and meet on Friday next.

Committee of Privileges put off.

Ordered, That the Meeting of the Committee for Privileges appointed to take into Consideration the Rules and Orders of this House for preserving Order therein, which stands appointed for this Day, be put off to Wednesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 8^o Aprilis 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gordon against Ogilvie.

The Answer of Mrs. Ann Ogilvie, Spouse to Robert Barclay, Merchant in Aberdeen, to the Cross Appeal of Miss Mary Gordon, was this Day brought in.

Donald against Kirkaldy:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of David Donald Esquire of Conheath, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of July and 11th of December 1787; and praying, "That the same might be reversed, varied, or altered, 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 Ann Kirkaldy and George Kirkaldy her Father, put into the said Appeal, and due Consideration had of what was offered on either Side in this Cause:"

Interlocutors Affirmed.

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

Vine against Barnwall:

Upon reading the Petition of Robert Barnwall, Defendant in a Writ of Error depending in this House, wherein Henry Vine is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

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

East India Company against Tod, in Error.

Ordered, That the Re-hearing of the Errors argued assigned upon the Writ of Error, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant, which stands appointed for Thursday next, be put off to Friday next; and that all the Judges of England do then attend.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Edward Bruce is Appellant, and Walter Ross is Respondent, which stands appointed for Friday next, be put off to Monday next; and that the Rest of the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 9^o Aprilis 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Taylor against Taylor:

Upon reading the Petition of Robert Taylor Esquire, Appellant in Cause depending in this House, and of Elizabeth Jean Taylor Respondent thereto, which stands appointed for hearing this Day; setting forth, "That the Matter in Controversy between the Parties in this Cause being compromised;" the Petitioners therefore humbly pray their Lordships, "That this Appeal may be dismissed; and the Interlocutors complained of affirmed:"

Interlocutors Affirmed.

It is Ordered, That the said Appeal be dismissed; and that the Interlocutors therein complained of be affirmed, as desired by the Consent of both Parties.

Committee for Privileges to consider the Rules for preserving Order in the House.

Ordered, That it be referred to the Committee for Privileges, to take into Consideration the Rules and Orders of this House for preserving Order therein; and to report their Opinion thereupon.

Ordered, That the said Committee for Privileges do meet on Saturday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 10^o Aprilis 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

East India Company against Tod, in Error.

Ordered, That the Re-hearing of the Errors argued assigned upon the Writ of Error, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Respondent, which stands appointed for To-morrow, be put off to Wednesday the 23d Day of this Instant April; and that all the Judges of England do then attend.

Hastings' Trial, Bp. Durham and Mr. Baron Perryn excused Attendance.

The Lord Chancellor acquainted the House, "That Mr. Baron Perryn desired he might be excused from his Attendance at the Trial of Warren Hastings Esquire, on account of his ill State of Health."

Ordered, That Mr. Baron Perryn be excused.

The Lord Chancellor also acquainted the House, "That the Lord Bishop of Durham desired the like Indulgence, on account of his being obliged to go to Bath for the Recovery of his Health."

Ordered, That the said Lord be excused.

Kirkbymoorside Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Arable Fields, and also certain Commons and Waste Lands within the Townships of Kirkbymoorside, Fadmoor, and Gillamoor, in the Parish of Kirkbymoorside, in the North Riding of the County of York;" to which they desire the Concurrence of this House.

Marchwiel Road Bill.

A Message was brought from the House of Commons, by Sir Watkin Williams Wynn and others:

With a Bill, intituled, "An Act for continuing the Term, and varying some of the Provisions of an Act of the Seventh Year of His present Majesty, for repairing and widening the Road from Marchwiel in the County of Denbigh, through Bangor, Worthenbury, and Hanmer, in the County of Flint, to a House in the Possession of Thomas Jenks in Dodington in the Parish of Whitchurch in the County of Salop, and from Bangor aforesaid, to Malpas in the County of Chester, and from Redbrook to Hampton in the said County of Salop;" to which they desire the Concurrence of this House.

Oswestry Road Bill.

A Message was brought from the House of Commons, by Sir Watkin Williams Wynn and others:

With a Bill, intituled, "An Act for more effectually repairing the Roads leading from Pool through Oswestry to Wrexham, from Knockin to Llanrhaiadr, from Whitehurst's House in the Road between Oswestry and Wrexham to Llangollen, and several other Roads therein mentioned in the Counties of Montgomery, Salop, and Denbigh; and for discharging the Trustees for repairing the Bala and Dolgelley Roads, from the Care of the Road between Llangollen and the Confines of the County of Denbigh; and for making Provisions for the future Repair of the said Road;" to which they desire the Concurrence of this House.

The said Three Bills were, severally, read the First Time.

Petition of Debtors in Cornwall Gaol praying Relief.

Upon reading the Petition of the Prisoners confined for Debt in the Sheriff's Ward in the County of Cornwall, whose Names are thereunto subscribed, complaining of their Distress and praying Relief:

It is Ordered, That the said Petition do lie on the Table.

Puleston's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming and establishing an Exchange agreed upon between the Reverend William Puleston Doctor in Divinity, Vicar of the Parish of Ruabon in the County of Denbigh, and Sir Watkin Williams Wynn Baronet, of certain Lands and other Hereditaments within the said Parish," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

V. Falmouth's Estate Bill.

A Message was brought from the House of Commons, by Sir William Lemon and others:

To return the Bill, intituled, "An Act for vesting Part of the Real Estate of the late Hugh Lord Viscount Falmouth, situate in the Borough of Tregony and Parish of Cuby in the County of Cornwall, in Trustees, to be sold and conveyed to Sir Francis Basset Baronet, and for other Purposes therein mentioned;" and to acquaint this House, That they have agreed to the same without any Amendments.

Biscoe's Bill.

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

To return the Bill, intituled, "An Act to enable Elisha Biscoe Esquire to grant Building Leases of Part of the Estates devised by the Will of his late Father Elisha Biscoe Esquire, deceased;" and to acquaint this House, That they have agreed to the same without any Amendment.

Hastings' Trial, Judges Opinion delivered on Questions put to them.

The Order of the Day being read for the proceeding further in the Trial of Warren Hastings Esquire, upon the Articles of Impeachment brought up against him by the Commons for High Crimes and Misdemeanors:

The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges, upon the Question of Law put to them on Friday the 29th of February last, as follows:

"That when a Witness produced and examined in a Criminal Proceeding by a Prosecutor, disclaims all Knowledge of any Matter so interrogated, it is not competent for such Prosecutor to pursue such Examination by proposing a Question containing the Particulars of an Answer supposed to have been made by such Witness before a Committee of the House of Commons, or in any other Place, and by demanding of him, whether the Particulars so suggested were not the Answer he had so made."

Resolution that it is not competent for the Managers to put the Question last proposed by them.

Then it was moved to resolve, "That it is not competent to the Managers for the Commons to put the Question last proposed by them to the Witness, namely, Whether he had not, before a Committee of the House of Commons answered the following Question in the following Manner:

Q. "Who was to pay Mehipnarain the Allowances stipulated for him by the Governor General?"

A. "Doorgbijey Sing."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Managers for the Commons be Informed that it is not competent to put the said Question last proposed by them to the Witness.

Trial proceeded in.

Then the House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on the 29th of February last.

And the Lords being there seated; and the House resumed:

Leave was asked for the Judges to be covered, which was granted.

Then Proclamation was made for Silence; also, Proclamation for the Defendant's Appearance.

Who coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.

Then the other Proclamation, for all Persons concerned to come forth, was made.

Then the Lord Chancellor acquainted the Managers for the Commons as he was directed.

The Managers for the Commons requested Leave to withdraw for a while; and being returned:

The Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Impeachment.''

Whereupon, several Witnesses were called in, sworn, and examined.

And several Papers being read:

The House adjourned to the Chamber of Parliament; and being returned:

The House was resumed.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, To-morrow Morning at Ten o'Clock, in Westminster Hall.

Message to H. C. that this House will proceed in the Trial To-morrow.

A Message was sent to the House of Commons, by Mr. Montagu and Mr. Leeds, to acquaint them therewith.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.