Journal of the House of Lords Volume 38, 1787-1790. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 38: April 1788 21-30', in Journal of the House of Lords Volume 38, 1787-1790( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol38/pp148-164 [accessed 22 December 2024].
'House of Lords Journal Volume 38: April 1788 21-30', in Journal of the House of Lords Volume 38, 1787-1790( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol38/pp148-164.
"House of Lords Journal Volume 38: April 1788 21-30". Journal of the House of Lords Volume 38, 1787-1790. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol38/pp148-164.
In this section
April 1788 21-30
DIE Lunæ, 21o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Carnan against Green, Truman, and Malin, in Error.
Counsel (according to Order) were called in to argue the Errors assigned upon Three Writs of Error; in the First of which Thomas Carnan is Plaintiff, and John Green is Defendant; in the Second the said Thomas Carnan is Plaintiff, and John Truman is Defendant; and in the Third the said Thomas Carnan is Plaintiff, and George Malin is Defendant.
And Counsel appearing on Behalf of the Plaintiff:
As also Counsel appearing on Behalf of the Defendants:
And the Counsel for the Plaintiff having stated, "That he was not prepared for the Hearing, and desiring further Time might be given for that Purpose:"
The Counsel were directed to withdraw.
Ordered, That the Hearing of the said Causes be put off to Saturday next; and that the Plaintiff in Error do pay or cause to be paid to the Defendants in Error, the Sum of £.50 for their Costs of this Day.
Hertford Paving Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for paving the Footways, and cleansing, lighting, and watching the Streets and other Public Passages and Places within the Borough of Hertford, and removing and preventing Obstructions, Nuisances, and Annoyances therein," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Rauceby Enclosure Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Heath, Waste, and Commonable Lands, within the Manors and Townships of North and South Rauceby in the County of Lincoln," 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."
Netherhaven Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and laying in Severalty, the Open and Common Fields, Open Downs, Common Meadows, Common Pastures, and Waste Lands within the Parish of Netherhaven, otherwise Netheravon, in the County of Wilts," was committed.
South Shields Water Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for supplying with Water the Town of South Shields, and Parts adjacent, and the Shipping resorting to the said Town."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Deritend Bridge, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for re-building the Bridge over the River Rea, at the Town of Birmingham, called Deritend Bridge, and widening the Avenues thereto, and for widening and varying the Course of the said River near the said Bridge, and making a Weir and other necessary Works to prevent the lower Part of the said Town from being overflowed."
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 the same Day, at the same Place; and to adjourn as they please.
Welford Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Leicester and Welford Turnpike Road in the Counties of Leicester and Northampton, near Foston Lane, to the Turnpike Road leading from Hinckley to Ashby-de-la-Zouch in the said County of Leicester."
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 next, at the usual Time and Place; and to adjourn as they please.
Pinxton Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Nottingham and Mansfield Turnpike, in the Liberty of Blidworth, to the Mile Oak in the Parish of Kirkby in Ashfield in the County of Nottingham, and from thence through Pinxton to Carter Lane, in the Parish of South Normanton, and from Pinxton to the Colliery, near Pinxton Green in the County of Derby."
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 the same Day, at the same Place; and to adjourn as they please.
Walsall Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, turning, and keeping in Repair the Road leading from the Town of Walsall to Hamstead Bridge, and the Road leading from the said Town to a Common, called Sutton Coldfield, and the Road leading from the said Town to a certain Brook, called Park Brook, which divides the Parishes of Walsall and Wolverhampton, all in the County of Stafford."
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.
Sir S. Glynne's Estate Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Guardian 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."
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. Holford and Mr. Graves:
To carry down the said Bill, and desire their Concurrence thereto.
Peers Pedigrees referred to Committee.
Ordered, That the Pedigrees of Aubrey Duke of St. Alban's, Francis Duke of Bedford, George Grenville Nugent Marquis of Buckingham, William Marquis of Lansdown, George Marquis Townshend, Edward Earl of Derby, Charles Henry Earl of Peterborough, George Earl of Winchelsea, Frederick Earl of Carlisle, George Earl of Scarbrough, Robert Earl Ferrers, Heneage Earl of Aylesford, Frederick Earl of Bristol, Charles Earl Stanhope, Robert Earl of Harborough, George Earl Waldegrave, Charles Earl of Harrington, George Earl of Egremont, George Earl Harcourt, Henry Earl of Ilchester, John Earl De la Warr, John Earl of Chatham, Thomas Earl of Ailesbury, Thomas Earl of Clarendon, Henry Earl of Abergavenny, Henry Earl of Uxbridge, James Earl of Lonsdale, Edward Earl Beaulieu, George Viscount Hereford, John Viscount Dudley and Ward, Thomas Viscount Hampden, John Lord Howard de Walden, Thomas Lord Hay, Charles Lord Cadogan, Peter Lord King, Hugh Lord Fortescue, John Lord Lovel and Holland, Thomas Lord Foley, Edward Lord Thurlow, William Lord Gage, James Lord Brudenell, Charles Lord Southampton, Henry Lord Porchester, Henry Lord Carteret, James Lord Sherborne, William Lord Douglas, Guy Lord Dorchester, and George Lord Heathfield, be referred to the Committee for Privileges.
Petition of Debtors in Lincoln Gaol, praying Relief.
Upon reading the Petition of the Prisoners confined for Debt in His Majesty's Gaol the Castle of Lincoln, whose Names are thereunto subscribed, complaining of their Distress; and praying Relief:
It is Ordered, That the said Petition do lie on the Table.
Compton Martin Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Henniker and others:
With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Lands within the Parish of Compton Martin in the County of Somerset;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adderley's Bill.
A Message was brought from the House of Commons, by Sir George Augustus William Shuckburgh and others:
To return the Bill, intituled, "An Act to enable Charles Bowyer Adderley Esquire, and the future Tenants for Life of the Estates devised by the Will of Bowyer Adderley Esquire, to grant Building and Repairing Leases thereof;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Spondon Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Mundy and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Fields. Common Pastures, Common or Moor, and Waste Grounds within the Hamlet or Liberty of Spondon in the County of Derby;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Flint Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, widening, turning, and altering the Road from the Township of Saltney in the County of Flint, to the Town of Flint in the said County."
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 next, at the usual Time and Place; and to adjourn as they please.
Petitions of Debtors in Chester and Warwick Gaols, praying Relief.
Upon reading the Petition of the Debtors consined in the County Gaol of Chester, whose Names are thereunto subscribed:
And also, upon reading the Petition of the several and respective Persons whose Names are thereunto subscribed, being Debtors and Prisoners in His Majesty's Gaol or Prison of the County of Warwick, complaining of their Distress; and praying Relief:
It is Ordered, That the said Petitions do lie on the Table.
Election of a Peer for Scotland, Petitions respecting, considered:
The Order of the Day being read for taking into further Consideration the Petition of the Earl of Dumfries, complaining of a Breach of Privilege of this House at the late Election of a Peer for Scotland; and also of the Petition of Lord Cathcart touching the said Election and his Return; and for the Lords to be summoned:
Motions thereupon.
Moved, "That George Home and Robert Sinclair, Deputies to the Lord Clerk Registrar, have made an undue Return to this House of a Peer to represent the Peerage of Scotland; and that the said Return ought to be amended without Prejudice to William Shaw Lord Cathcart, proceeding upon the Petition presented by him to this House on the 13th Day of March last, and without Prejudice to any other Person petitioning upon the Merits of the Election."
Which being objected to;
After long Debate,
The Question was put thereupon?
It was resolved in the Affirmative.
Then it was moved, "That the Vote given for Lord Cathcart at the last Election of a Peer to represent the Peerage of Scotland, by a signed List under the Title of Rutherfurd, delivered in on the Part of John Anderson of Goland, who appears to claim the said Title as Cousin and Heir of David Dury, mentioned in the Resolution of this House on the 15th of March 1762, ought to have been rejected."
The Question was put thereupon?
It was resolved in the Affirmative.
Then it was moved, "That it is the Opinion of the House, That the Lord Clerk Registrar and his Deputies, acting at the Election of the Scotch Peers, ought to conform to the Resolutions of this House, of which they have had Notice by Order of the House."
The Question was put thereupon?
It was resolved in the Affirmative.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 22o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gossip's Bill:
Hodie 3a vice lecta est Billa, 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."
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. Holford and Mr. Graves:
To carry down the said Bill, and desire their Concurrence thereto.
Netherhaven Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, allotting, and laying in Severalty the Open and Common Fields, Open Downs, Common Meadows, Common Pastures, and Waste Lands within the Parish of Netherhaven, otherwise Netheravon, in the County of Wilts."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Rauceby Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Heath, Waste, and Commonable Lands within the Manors and Townships of North and South Rauceby in the County of Lincoln."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Hertford Paving Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for paving the Footways, and cleansing, lighting, and watching the Streets and other publick Passages and Places within the Borough of Hertford, and removing and preventing Obstructions, Nuisances, and Annoyances therein."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Three preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Debtors, Accounts of Number of, in King's Bench and Southwark Gaols, delivered.
The House being informed, "That Mr. James Walker, Marshall of the Court of King's Bench, attended:"
He was called in, and delivered at the Bar, pursuant to an Order of Friday last,
"An Account of the Number of Persons under Confinement in the King's Bench Prison on the 18th of this Instant April."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
The House being informed, "That Mr. Benjamin Hall, Keeper of the New Gaol, attended:"
He was called in, and delivered at the Bar, pursuant to an Order of Friday last,
"An Account of the Number of Persons confined for Debt in the New Gaol Southwark, specifying how many of such Prisoners stand charged in Execution, and for what Sums; and also the Number of Rooms allotted for their Reception."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
Flint Canal Bill.
A Message was brought from the House of Commons, by Sir Roger Mostyn and others:
With a Bill, intituled, "An Act for making and maintaining a Navigable Canal from Pentre Rock near the Town of Flint to Greenfield in the County of Flint;" to which they desire the Concurrence of this House.
Justices of Peace Bill.
A Message was brought from the House of Commons, by Sir William Codrington and others:
With a Bill, intituled, "An Act to enable Justices of the Peace to act as such in certain Cases out of the Limits of the Counties for which they shall act;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Ordered, That the last mentioned Bill be printed.
Templer's Bill.
The Lord Scarsdale reported from the Lords Committees to whom the Bill, 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," 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.
Paddington Church Bill.
The Lord Scarsdale also reported from the Lords Committees to whom the Bill, intituled, "An Act for rebuilding the Parish Church of Paddington in the County of Middlesex, and for enlarging the Church Yard of the said Parish," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
South Shields Water Bill.
The Lord Scarsdale made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for supplying with Water the Town of South Shields and Parts adjacent, and the Shipping resorting to the said Town," was committed.
Deritend Bridge, &c. Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for re-building the Bridge over the River Rea at the Town of Birmingham called Deritend Bridge, and widening the Avenues thereto; and for widening and varying the Course of the said River near the said Bridge; and making a Weir and other necessary Works to prevent the lower Part of the said Town from being overflowed," was committed.
Walsall Roads Bill.
The Lord Scarsdale also made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, turning, and keeping in Repair the Road leading from the Town of Walsall to Hamstead Bridge, and the Road leading from the said Town to a Common called Sutton Coldfield; and the Road leading from the said Town to a certain Brook called Park Brook, which divides the Parishes of Walsall and Wolverhampton, all in the County of Stafford," was committed.
Strathallen Claim of Peerage, Judges to attend.
Ordered, That the Judges do attend the Sitting of the Committee for Privileges appointed to consider of the Petition of Andrew John Drummond Esquire, Lieutenant Colonel in His Majesty's Service, to His Majesty, claiming the Honours and Dignity of Viscount Strathallen Lord Madertie and Lord Drummond of Cromlix, on Monday the 28th of this Instant April.
Election for a Peer for Scotland, Clerk of the Crown to attend with last Return.
Ordered, That the Clerk of the Crown in Chancery do attend the House To-morrow with the original Return of the Election of a Peer for Scotland on the Tenth of January last.
Hastings' Trial, Order relative to printing Evidence:
Ordered, That the written Evidence which shall hereafter be produced upon the Trial of Warren Hastings Esquire, and actually read, shall (together with the Parole Evidence) be printed in the Order in which the same shall have been so read; and whenever a Part only of any Consultation, Paper, or Document shall be actually read, that the Whole of such Consultation, Paper, or Document, as far as the same shall relate to the Matter of the Evidence so actually read, shall be printed in an Appendix to the Evidence upon such respective Charge.
Trial proceeded in:
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 House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on Thursday 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, "They might proceed to make good their Charge."
Whereupon several Witnesses were called in, sworn, and examined.
And several Papers having been 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 the former Messengers, to acquaint them therewith.
Election of a Peer for Scotland, further Consideration of Petitions respecting, adjourned.
Ordered, That the further Consideration of the Petition of Lord Cathcart, touching the Election of a Peer for Scotland, and also of the Petition of the Earl of Dumfries, be put off to Friday next; and that the Lords be summoned.
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 Friday next, be put off to Monday next; and that all the Judges of England do then attend.
Strathallen Claim of Peerage, Committee put off.
Ordered, That the Sitting of the Committee for Privileges, to whom the Petition of Andrew John Drummond, Lieutenant Colonel in His Majesty's Service, claiming the Honours and Dignity of Viscount of Strathallen, Lord Madertie, and Lord Drummond of Cromlix, with His Majesty's Reference thereof to this House, is referred, which stands appointed for Monday next, be put off to Friday the 2d Day of May next; and that Notice thereof be given to His Majesty's Attorney General and the Lord Advocate for Scotland; and that the Judges do then attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 23o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Pinxton Road Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from the Nottingham and Mansfield Turnpike, in Liberty of Blidworth, to the Mile Oak, in the Parish of Kirkby in Ashfield in the County of Nottingham, and from thence through Pinxton to Carter Lane, in the Parish of South Normanton, and from Pinxton to the Colliery, near Pinxton Green in the County of Derby," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Welford Road Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from the Leicester and Welford Turnpike Road, in the Counties of Leicester and Northampton, near Foston Lane, to the Turnpike Road leading from Hinckley to Ashby-de-laZouch in the said County of Leicester," was committed.
Flint Canal Bill, King's Consent signified.
The Lord Sydney acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for making and maintaining a Navigable Canal from Pentre Rock, near the Town of Flint, to Greenfield in the County of Flint," was pleased to consent, (as far as His Majesty's Interest is concerned,) That their Lordships may proceed therein as they shall think fit."
Hodie 2a vice lecta est Bila, intituled, "An Act for making and maintaining a Navigable Canal from Pentre Rock, near the Town of Flint, to Greenfield in the County of Flint."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Compton Martin Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Lands within the Parish of Compton Martin in the County of Somerset."
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 Monday next, at the usual Time and Place; and to adjourn as they please.
Spondon Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Common Pastures, Common or Moor, and Waste Grounds, within the Hamlet or Liberty of Spondon in the County of Derby."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.
Templer's Bill:
Hodie 3a 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.
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. Holford and Mr. Graves:
To carry down the said Bill, and desire their Concurrence thereto.
South Shields Water Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for supplying with Water the Town of South Shields, and Parts adjacent, and the Shipping resorting to the said Town."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Deritend Bridge, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for re-building the Bridge over the River Rea at the Town of Birmingham, called Deritend Bridge, and widening the Avenues thereto, and for widening and varying the Course of the said River near the said Bridge, and making a Weir and other necessary Works to prevent the lower Part of the said Town from being overflowed."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Walsall Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, turning, and keeping in Repair the Road leading from the Town of Walsall to Hamstead Bridge, and the Road leading from the said Town to a Common called Sutton Coldfield, and the Road leading from the said Town to a certain Brook called Park Brook, which divides the Parishes of Walsall and Wolver hampton, all in the County of Stafford."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Paddington Church Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of Paddington in the County of Middlesex, and for enlarging the Church Yard of the said Parish."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Four preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Debtors, Account of Number of, in Fleet and Marshalsea Prisons, delivered.
The House being informed, "That Mr. Mulloy, Clerk of the Papers of the Fleet Prison, attended:"
He was called in, and delivered at the Bar, pursuant to an Order of Friday last,
"An Account of the Number of Prisoners in the Fleet Prison, and also an Account of the Number of Rooms for the Reception of the Prisoners."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
The House being informed, "That Mr. Evans, Keeper of the Marshalsea Prison, attended:"
He was called in, and delivered at the Bar, pursuant to an Order of Friday last,
"An Account of the Number of Prisoners confined for Debt in the Marshalsea Prison, specifying those charged in Execution and for what Sums, and also what Number of Rooms are allotted for the Use of the said Prisoners."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
Election of a Peer for Scotland, original Return amended:
The Order of the Day being read for the Deputy Clerk of the Crown in Chancery to attend the House with the original Return of the Election of a Peer for Scotland, on the 10th of January last; and he attending accordingly:
Ordered, That the said Return be amended by erasing the Words, "William Shaw Lord Cathcart was elected and chosen to sit and vote in the House of Peers in this present Parliament of Great Britain, in the Room of the said George Earl of Dalhousie, deceased," and inserting instead thereof the following Words, "The Votes were equal, that is to say, for Patrick Earl of Dumfries Twenty-seven, and for William Shaw Lord Cathcart Twenty-seven;" and he amended the Return accordingly.
Amendment without Prejudice to Ld. Cathcart.
Ordered, That the said Amendment be without Prejudice to William Shaw Lord Cathcart proceeding upon the Petition presented by him to this House on the 13th Day of March last, upon the Merits of the Election.
Hastings' Trial.
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 House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday.
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, "They might proceed to make good their Charge."
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 Tomorrow.
A Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
Election of a Peer for Scotland, L. Colvill's Petition respecting.
Upon reading the Petition of Robert Lord Colvill of Ochiltree; setting forth, "That the Petitioner has been served with Notice of a Petition having been presented to their Lordships by William Shaw Lord Cathcart, and that their Lordships had been pleased to order that the Petitioner might attend if he thought proper when the Matter of the said Petition came on to be heard; that by the Copy of the said Petition delivered to the Petitioner, he observes that the said Lord Cathcart has been pleased to state or alledge, that a List produced at the late Election of a Peer of Scotland to sit in Parliament in the Room of the Earl of Dalhousie, deceased, under the Signature of Colvill of Ochiltree, and the Vote, thereby given in favour of the Earl of Dumfries, ought not to have been produced and given, the Person who signed the said List, and who thereby voted at the said Election, having no legal Right to vote; to an Allegation so extremely general and vague the Petitioner can make no Answer: He submits to their Lordships whether a Petition containing no special Objection, can be made the Foundation for investigating the Petitioner's Right to the Peerage he possesses, if that is meant to be impeached: But if their Lordships should be inclined to proceed upon a Charge so loose, and if Lord Cathcart seriously intends to dispute the Petitioner's Title, he confides in their Lordships Justice, that they will order his Lordship to state particularly the Grounds he goes upon, and the Evidence he means to produce, that the Petitioner may know against what it is that he is to defend himself; and that their Lordships will allow the Petitioner, after seeing what shall be so stated, a sufficient Time to advise with his Counsel in what Manner he ought to conduct himself;" and therefore praying their Lordships, "To take the Premises into their Consideration, and make such Order thereupon, as in their great Wisdom shall seem proper:"
It is Ordered, That the said Petition do lie on the Table.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. Ferrers takes his Seat:
This Day Robert Earl Ferrers sat first in Parliament after the Death of his Father Robert Earl Ferrers; his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration; and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Pedigree delivered.
Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.
Flint Road Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing, widening, turning, and altering the Road from the Township of Saltney in the County of Flint, to the Town of Flint in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Merlins Bridge Road Bill.
A Message was brought from the House of Commons, by the Lord Milford and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road leading from Merlin's Bridge to Pembroke Ferry in the County of Pembroke;" to which they desire the Concurrence of this House.
Huddersfield Road Bill.
A Message was brought from the House of Commons, by Mr. Hungerford and others:
With a Bill, intituled, "An Act for continuing and amending an Act of the Eighth Year of His present Majesty, so far as the same relates to the Road from the Township of Huddersfield in the West Riding of the County of York, to Woodhead in the County Palatine of Chester; and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Pinxton Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Nottingham and Mansfield Turnpike, in Liberty of Blidworth, to the Mile Oak, in the Parish of Kirkby in Ashfield in the County of Nottingham, and from thence through Pinxton to Carter Lane, in the Parish of South Normanton, and from Pinxton to the Colliery near Pinxton Green in the County of Derby."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Welford Road Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Leicester and Welford Turnpike Road in the Counties of Leicester and Northampton, near Foston Lane, to the Turnpike Road leading from Hinckley to Ashby-de-la-Zouch in the said County of Leicester."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Holford and Mr. Graves:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
E. Camden's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling Charles Earl Camden to grant Building Leases of Lands and Premises at Kentish Town in the County of Middlesex."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday the 9th of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Petition of Debtors in Reading Gaol, praying Relief.
Upon reading the Petition of the Prisoners for Debt in His Majesty's Gaol at Reading, in and for the County of Berks, whose Names are thereunto subscribed, complaining of their Distress; and praying Relief:
It is Ordered, That the said Petition do lie on the Table.
Hastings' Trial:
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 House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday.
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, "They might proceed to make good their Charge."
Whereupon, several Papers were read.
And several Witnesses having been called in, sworn, and examined:
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, on Tuesday Morning next, at Ten o'Clock, in Westminster Hall.
Message to H. C. that this House will proceed in the Trial on Tuesday.
A Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Flint Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, widening, turning, and altering the Road from the Township of Saltney in the County of Flint, to the Town of Flint in the said County."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Graves:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Flint Canal Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Navigable Canal from Pentre Rock near the Town of Flint, to Greenfield in the County of Flint," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Weber for a Naturalization Bill:
Upon reading the Petition of John Philip Weber; praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill presented.
Accordingly, The Lord Chedworth presented to the House a Bill, intituled, "An Act for naturalizing John Philip Weber."
The said Bill was read the First Time.
Carnan against Truman, Defendant's Petition to amend Transcript.
A Petition of John Truman, Defendant in a Writ of Error depending in this House, wherein Thomas Carnan is Plaintiff, was presented and read; setting forth, "That since the said Cause was set down for Hearing, it has been discovered that the Clerk of the Errors in the Court of Common Pleas, by mistake left out in the Transcript of the Record of the Judgement of the Court of Common Pleas, delivered by him to the Clerk of the Errors of he Court of King's Bench, the following Words: "Cometh the said John by his said Attorney and the said Chief Justice before whom, &c. hath sent here his Record in these Words, after wards, that is to say, on the Day;" that such Omission of the Clerk of the Errors of the Court of Common Pleas was not noticed by the said Thomas Carnan, whilst the Proceedings in this Cause remained in the Court of King's Bench, and the Judgement of the Court of Common Pleas was affirmed by the Court of King's Bench without the least Objection being made thereto; that the Petitioner is advised, that if any Objection had been taken to the said Record, on account of the Omission before stated whilst the Proceedings in this Cause remained in the Court of King's Bench, that Court would have ordered the said Transcript to be amended, by inserting the Words which were left out, the same having been so left out by the Mistake of the Clerk of the Errors of the Court of Common Pleas; that the Petitioner is informed, that the said Thomas Carnan means to take Advantage of the said Omission of the Clerk of the Errors of the Court of Common Pleas in transcribing the Record of that Court;" and therefore praying, "That the Transcript of the Record of the Judgement of the Court of Common Pleas in the Action brought by the Petitioner against the said Thomas Carnan may be amended, and made conformable to such Record, by inserting therein the Words above-mentioned; and also that the Record of the Judgement of the Court of King's Bench on the Affirmance of the Judgement in that Court may be amended in like Manner by inserting therein the same Words, and that the Transcript of the Record of the said Court of King's Bench brought up to this House, may also be amended by inserting the same Words therein."
Then,
Plaintiff's Counter Petition:
A Petition of Thomas Carnan, Plaintiff in a Writ of Error depending in this House, wherein John Truman is Defendant, was presented and read; setting forth, "That this Cause being appointed for Hearing To-morrow, the Petitioner was on the Evening of Yesterday served with a Notice from the said Defendant's Solicitors that a Petition would be presented for Leave to make certain Amendments in the Transcripts of the Record in this Cause;" and therefore praying their Lordships, That he may be heard by his Counsel at their Lordships Bar against the proposed Amendments, and that a Day may be appointed for that Purpose."
And thereupon, the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:
Counsel to be heard thereon.
Ordered, That this House will hear Counsel at the Bar on the said Petitions, on Saturday the 3d Day of May next; and that the Cause, wherein Thomas Carnan is Plaintiff, and John Green is Defendant; and also the Cause, wherein Thomas Carnan is Plaintiff, and George Malin is Defendant, do come on to be heard at the same Time.
Inverness Court House, &c. Bill.
Moved, "That the Order of the 16th of this Instant April, for the House to be put into a Committee upon the Bill, intituled, "An Act for taking down the present Court House and Gaol, and erecting and building a new Court House and Gaol in and for the Town and County of Inverness, and for appropriating the Sum of One thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, towards erecting and building the same," To-morrow; and for hearing Counsel for and against the same, be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Ordered, That the House be put into a Committee upon the said Bill, on Saturday the 3d Day of May next; and that Counsel be then heard for and against the same.
Insolvent Debtors Bill.
Ordered, That the Second Reading of the Bill, intituled, "An Act for the Relief of Insolvent Debtors, and of Bankrupts in certain Cases," which stands appointed for Monday next, be put off to Monday the 5th Day of May next.
Interludes Bill.
A Message was brought from the House of Commons, by Mr. Mainwaring and others:
With a Bill, intituled, "An Act to amend an Act made in the Tenth Year of the Reign of His late Majesty King George the Second, intituled, "An Act to explain and amend so much of an Act made in the Twelfth Year of the Reign of Queen Anne, intituled, An Act for reducing the Laws relating to Rogues, Vagabonds, Sturdy Beggars, and Vagrants, into One Act of Parliament; and for the more effectual punishing such Rogues, Vagabonds, Sturdy Beggars, and Vagrants, and sending them whither they ought to be sent, as relates to common Players of Interludes;" and also an Act made in the Twenty-fifth Year of the Reign of His late Majesty, intituled, "An Act for the better preventing Thefts and Robberies, and for regulating Places of Public Entertainment, and punishing Persons keeping disorderly Houses," so far as the same relate to Persons representing Interludes, Tragedies, Comedies, Operas, Plays, Farces, or other Entertainments of the Stage, and to Persons keeping any House, Room, Garden, or other Place for Public Dancing, Music, or other Entertainment of the like Kind in the Cities of London and Westminster, or within Twenty Miles thereof;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Puleston's Bill.
A Message was brought from the House of Commons, by Sir Roger Moslyn and others:
To return the Bill, intituled, "An Act for confirming and establishing an Exchange agreed upon between the Reverend Philip 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;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Spann Smithy Road Bill.
A Message was brought from the House of Commons, by Mr. Crewe and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road from Spann Smithy in the County of Chester, to Talk in the County of Stafford;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Merlin's Bridge Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair the Road leading from Merlin's Bridge, to Pembroke Ferry in the County of Pembroke."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Election of a Peer for Scotland Petitions respecting further considered.
Moved, "That the Petition of Robert Lord Colvill of Ochiltree, presented to the House on Wednesday last, be now read."
The same was accordingly read by the Clerk.
Then the Order of the Day being read for the further Consideration of the Petition of Lord Cathcart, touching the Election of a Peer for Scotland, and his Return; and also of the Petition of the Earl of Dumfries, complaining of a Breach of Privilege of this House at the said Election; and for the Lords to be summoned:
Counsel were called in to be heard upon the said Petitions; and the Counsel for Lord Colvill complaining of the generality of Lord Cathcart's Petition, and requesting further Time:
The Counsel were directed to withdraw.
Motion relative to Lord Colville's Petition, on previous Question, negatived.
Moved, "That it is not necessary that the Objection intended to be made to the Vote of Lord Colville of Ochiltree, be further specified before the Hearing of the Petition of William Shaw Lord Cathcart."
Which being objected to;
The previous Question was put, "Whether the said Question shall be now put?"
It was resolved in the Negative.
Then Counsel were again called in; and Mr. Solicitor General was heard in Behalf of Lord Cathcart.
Then Thomas Smith was called in; and being sworn, produced an Office Copy of the Service of Robert Lord Colville, dated 7th April 1784, taken from the Records of the Chancery Office kept at Edinburgh, and duly certified by the Clerk of the said Office, and examined by the Witness with the original Record; from whence the following Extract was read;
"I Robert now Lord Colville of Ochiltree, only Son of the deceased John Colvill Wright at Ely in the County of Fife, who was Brother German of the deceased William Colvill Tenant at Balcormie Mill in the said County of Fife; that David last Lord Colvill of Ochiltree, my Cousin German, and eldest Son of the said deceased William Colvill, my Uncle by the Father's Side, died without Heirs lawfully procreated of his own Body; and that I am nearest and lawful Heir Male of the said David the last Lord Colvill, my Cousin German, and am of lawful Age."
The Witness next produced a like Office Copy of the Retour on the above Service; from whence the following Extract was read;
"Quod Quondam Robertus Tertius Dominus Colvill de Ochiltree Qui fuit filius natu Maximus Roberti Secundi Domini Colvill de Ochiltree filius Propatrui Roberti nunc Domini Colvill de Ochiltree Unier filii legitimi Johannis Colvill qui fuit filius Secundus Jacobi Colvill fratris immediate Junioris Quondam Roberti Secundi Domini Colvill de Ochiltree obiit ad fidem et Pacem Supremi Domini Nostri Regis absque Hæredibus Masculis ea suo Corpore legitime procreatis. Et quod Dictus Robertus nunc Dominus Colvill de Ochiltree Lator Præsentium is Legitimus et propinquior Hæres Masculis dicti quondam Roberti Tertii Domini Colvill de Ochiltree filii Propatrui sui et quod est legitime Ætatis."
To prove that the Pedigree of the said Robert Colville, as stated in the above Retour, was false, and that Robert the Second Lord Colvill never had a Brother of the Name of James, but that the Name of his Second Brother was David:
The Witness produced,
1st. "The Retour of Robert the Second Lord Colvill, as nearest lawful Heir Male to his Uncle Robert the First Lord Colvill, dated 6th November 1662;" from whence the following Extract was read;
"Quod quondam Robertus Dominus Colvill de Ochiltree Patruus Roberti nunc Domini Colvill de Ochiltree latoris præsentium obiit, &c. Prout in Carta, &c. Quond Roberto Domino Colvil inibi designat. Domino Roberto Colvil de Cliesh militi de data, &c."
2dly. "Contract of Marriage of David Colvill Father of the above Robert Second Lord Colvill with Agnes Beaton, dated 6th July 1730, wherein he is called Second lawful Son to Robert Colvill of Cliesh;" from whence the following Extract was read;
At Kilrinnic the Sext Day of July the Yer of God M. sex hundreth and threttie Yeirs. It is appoyntit, agreit and matrimonialtie Contractit betwix the Honorable Parties following to wit. David Colvil Secund Lawfull Sone to Robert Colvill of Cleishe with the special Advice Consent and Assent of the said Robert Colvill of Cliesh his Father Robert Colvill youngar fear of Cleishe his eldest lawful Brother on the ane Part and David Beaton of Balfour, John Beaton fear of Balfour his eldest lawfull Son takane the Burdery in and upon them for Agnes Beaton youngest lawfull Dauchter to the said David Beatone. And the said Agnes Beatone for herself with Consent of her said Father and Brother on the uther Part in Manner Forme and Effect as after follows, &c.
3dly. "Discharge and Assignation, dated 20th May 1653, granted by Robert, David, Andrew, and Jean, the Bairns lawful and Executors of the aforesaid David and by Robert First Lord Colvill their Uncle Tutor Testamentor to them in favour of Sir George Campbell younger of Cessnock;" from whence the following Extract was read;
"Be it kend till all Men be ther present Letters. That we Robert, David, Andro, and Jean Colvills Bairns lawful and Executors nominate and confirmed to Umq~ David Colvill Brother German to Robert now Lord Colvill with Advice and Consent of him as Executor also nominated and confirmed to the said Umq~ David Colvill our Father and Tutor Testamentor to us for his Interest and me the said Robert Lord Colvill for myself and take and Burden on me for them to the Effect underwritten."
4thly. "Discharge, dated 22d June 1658, granted by the aforesaid Robert, David, Andrew, and Jean Colvill the Children of the first mentioned David in favour of Robert first Lord Colvill their Uncle for his Intromissions as Tutor named to them by their Father;" from whence the following Extract was read;
Be it kend till all Men be ther present Letters. We Robert, David, Andro, and Jean Colviles, Lawful Bairns to the deseast David Colvill Brother Germane to ane Noble Lord Robert Lord Colvill of Ochiltree forsomekell as the said deseasit David our Father in his Testament Testamentor Legasie and Letter will nominat and left the said Noble Lord then stiled Sir Robert Colvil of Cleish Knight his Germane Brother Executor and Tutor Testamentor to us and ilk ane of us respectively during his Life-time. And in case of his desease during the Time of our Tutorie our said deseasit Father nominate and left to us John Beatoune of Balfoure, James Beatoune youngar thairof and Andro Beatoune his Germane Uncles to us one the Mother's Side as likeways Tutors Testamentors to us and Distriebutors of the said diceasit David our Father his heal Soumes of Money, Gudes and Gaire amongest us and aither of us respectivelie as after follows. And farder our said deseasit Father in his said Testament wiled and ordained the said Noble Lord his loving Brother and Executor to do in his awne Life Time, by the Advice of the saids John, James, and Andro Beatones to wit the said deceasit David Colvill our Father wiled and ordained, That I the said Robert as eldest lawfull Sone should have of the first and readiest of the Debetes and Soumes of Money awne to him the Soume of Tene thousand Markes Money Scotes, and that I the said David his Secound lawfull Sone should have the Soume of Foure thousand Markes Money forsaid. Iteme that I the said Andro should have the Soume of uther Foure Thousand Markes Money above expressed: And I the said Jaine Colvil his only lawfull Doughter should have the Soume of Six thousand Markes Money above mentioned and that by and all our the heall Houshold Stuffe and Plenestury pertaining to the said Defunct my Father whilk he also left and ordained the said Noble Lord his Executor to give to me the said Jaine, as the said Testament Testamentor duly and lawfully confirmed of the Date the Sext Day of March Mvi and fourtie nine Years in the Commissary Bookes of Duncalndone conteaning divers uthers Heads, Articles, and Clauses at maire lenth bears and now Seecry, &c.
5thly. "Discharge, dated 1st September 1660, granted by David the Second Son of the First mentioned David and his Sister Jean to their Eldest Brother Robert then Second Lord Colvill of Ochiltree for their Two-third Parts of the Patrimony left by their Father to their Brother Andrew who had died intestate;" from whence the following Extract was read;
"Be it kend till all Men be ther present Letters. Me David Colvill Secund lawfull Son to the deceasit David Colvill Brother Germane to ane Noble Lord Robert Lord Colvil of Ochiltree and Jeane Colvil only lawfull Dochter to the said deceasit David now Spouse to Thomas Alexander fear of Sheddoway forsomekell as the said deceasit David our Father in his Testament Testamentor Legacie and Letter will nominate and left to the deceasit Andro Colvil his youngest lawfull Sone our German Brother for his Portion natural in the first End of his readiest Gudes and Gear the haill Soume of Foure thousand Markes Scotes together with his Proportionable Part of his Uteceil and Domeceill of his House as the said Testament duly and lawfully confirmed of the Date the Sext Day of March Mvi and fourtie nyne Years in the Commissary Books of Duncalidone at Maire lenth beares. And because the said deceasit Andro our Brother his aforesaid Provision left to him in Manner above written of the readiest Gudes and Gear moveable of our said deceasit Father and not being heritable upon Infestments the samyne be the Lawes of this Kingdome and Practich thereof falls and belongs properlie to us and Robert Colvill our eldest Brother equallie and proportionallie amongst us be vertue of Executrie as only lawful Bairns now in Life to the said deceasit David our Father. And now Seecry, &c."
6thly. "Contract of Marriage, dated 30th June 1664, between the above mentioned Second David Colvill and Margaret Barclay Daughter of Mr. Michael Barclay Advocate."
7thly. "Gift of Tutory at Law, dated 3d November 1665, under the Great Seal appointing Robert Lord Colvill of Ochiltree Tutor at Law to Margaret Colvill his Neice, the only Daughter of the above mentioned David;" from whence the following Extract was read;
"Carolus Dei Gratia, &c. Sciatis quia per inquisitionem de mandato nostro per Balivum Regalitatis nostre de Culros factam compertum est quod dilectus noster consanguineus Robertus Dominus Colvill de Ochiltrie est patruus et propinquior Agnatus id est consanguineus ex parte patris Margarete Colvill filie legitime unigenite quondam Davidis Colvill fratris germane dicti Roberti Domini Colvil Et quod excessit etatem viginti quinque annorum completam Et quod est sui rei providus et potens avere idone ad administratione rei aliene Et quod dictus Robertus Dominus Colvill est immediate successurus ipse Margarte Colvill si illam contigerit infata decedere igitur, &c."
Being asked, "Where he procured the Seven Instruments last produced;" the Witness said, "He took them from the Charter Chest of Peter Colville at Toryburn, in the County of Fife."
To prove that the now pretended Lord Colvill of Ochiltree, was descended from James Colvill, who was the Son of Arthur Colvill at Milltown of Pitmillie; the Witness produced,
1st, "Precept of Clare Constat dated the Penult Day of October 1675 granted by James Archbishop of Saint Andrews, in favour of James Colvill," from whence the following Extract was read;
"Quia per autentica Documenta et instrumenta coram nobis producta et a nobis et alijs nostra visa Certa et Considerata. Quod quondam Margareta fairfull Matertera Jacobo Colvill filio natu maximo quondam Arthuri Colvill apud Mylnetoun de Pitmillie Latoris presentium obijt, &c."
2dly, "Bond of Provision dated 3d November 1675, granted by the said James Colvill to Margaret Wallace his Wife, Daughter of William Wallace, Tenant in Cassindillie, and the Children of the Marriage;" from whence the following Extract was read;
"Be it kend till all Men be ther present Letters. Me James Colvill in Nether Kenloquhie heritable Proprietor of the two Aikers of Land with the Pertinents underwritten forsuamekell as the Tyme of the Treatery anens the Marriage betwixt me and Margaret Wallace lawfull Daughter to William Wallace Tenent in Cassendillie amongst the Conditions then treatet upon. It was expressly provided and faithfullie promised be me that I sould provide and secure the said Margaret in Life-rent and Conjunct free with myself and the Heirs then lawfullie to have been procreat betwixt her and me of the said Marriage whilks failling and in case she should survive me and no otherways the said Margaret her Heirs and Assignies whatsoever. Bot in case I should survive her my own nearest and lawfull Heirs and Assignies whatsoever heritable in all and haill the saids two Aikers of Land with the Pertinents underwritten therefore, &c. Whilks Aikes pertainet of before to the deceast Margaret Fairfull my Mothers Sister to whom I am Air entered infest and Sasit in and to the sam yre, &c."
"Instrument of Seisin, dated 1st February 1687, in favour of the Poor of the Parish of Saint Andrews;" from whence the following Extract was read:
"And that this James Colvill who in 1684 is described in the Parish Records in the Lochtoun, is the same Person to whom the Precept of Clare Constat is granted is proved by Sasine now produced and read in favour of the Poor of the Parish of Saint Andrews, dated the first Day of February 1687, and registered in the particular Register of Seasines kept at Cupar 9th March 1687, proceeding on a Disposition granted by him and Margaret Wallace his Wife, wherein he is designed in Lochtoun of Kippo."
Certificates from the Parish Records, and the Evidence of the Witnesses examined in the Service of the said Robert, now assuming the Title of Lord Colvill of Ochiltree, to shew that of the above Marriage between James Colvill and Margaret Wallace there were the following Issue:—1st, Elizabeth Colvill, born 5th September 1674 —2nd, William Colvill, baptised 1st January 1676, afterwards Tenant in Balcormie Mill, who left Three Sons and One Daughter, all of whom died without Issue— 3d, David, baptised 31st March 1684, uncertain whether he left Issue or not, if he left Issue their Claim is preferable to the now pretending Lord Colvill—4th, Margaret, baptised 12th April 1687, married to William Webster in Colinsburgh—5th, John, baptised 12th September 1691, afterwards a Wright at Ely, and had Issue Robert Colvill, the Person now assuming the Title of Lord Colvill of Ochiltree.
The Witness was directed to withdraw.
The Counsel were directed to withdraw.
Ordered, That the further Hearing of Counsel upon the said Petitions be adjourned to Monday next; and that the Counsel be called in at One o'Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
East India Company against Tod, in Error.
The Order of the Day being read for re-hearing Counsel to argue the Errors 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; and for the Judges to attend:
Counsel were accordingly called in.
And the First and Second Counsel for the Plaintiffs having been heard:
As also the Counsel for the Defendant:
The Counsel were directed to withdraw.
Ordered, That the further Hearing of the said Cause be put off to Friday next; and that the Judges do then attend.
Election of a Peer for Scotland, Petitions respecting, further considered:
The Order of the Day being read for the further Hearing of Counsel on the Petition of Lord Cathcart, touching the Election of a Peer for Scotland and his Return, and also of the Petition of the Earl of Dumfries, complaining of a Breach of Privilege of this House at the said Election; and for the Lords to be summoned:
Counsel were accordingly called in; and Mr. Anstruther, of Counsel for Lord Colville, acquainted the House, "That having perused and considered the Evidence given on the Part of Lord Cathcart, he was satisfied that there was no Son of Robert the Third Lord Colville of the Name of James, but requested the House, if they made any Order as to the Claim of the Petitioner for whom he was concerned, that it might be without Prejudice to any future Evidence he might hereafter bring in support of his Claim to the Title of Lord Colville."
The Counsel were directed to withdraw.
Resolution that Lord Cathcart is duly elected:
Moved to resolve, "That William Shaw Lord Cathcart is duly elected and chosen to sit and vote in the House of Peers in this present Parliament of Great Britain, in the Room of the Earl of Dalhousie, deceased."
The same was agreed to, and resolved accordingly.
Clerk of the Crown to attend with last Return.
Ordered, That the Deputy Clerk of the Crown in Chancery do attend this House To-morrow Morning, with the Original Return of the Election of a Peer for Scotland on the 10th of January last, in order to alter the said Return.
Flint Canal Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Canal from Pentre Rock, near the Town of Flint, to Greenfield in the County of Flint."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Montagu and Mr. Eames:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Nantes for a Naturalization Bill:
Upon reading the Petition of Daniel Nantes; praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill presented.
Accordingly, The Lord Chedworth presented to the House a Bill, intituled, "An Act for naturalizing Daniel Nantes."
The said Bill was read the First Time.
Weber takes the Oaths in order to his Naturalization.
John Philip Weber took the Oaths appointed, in Order to his Naturalization.
Strathallen Claim of Peerage, Committee put off.
Ordered, That the Sitting of the Committee for Privileges, to whom the Petition of Andrew John Drummond, Lieutenant Colonel in His Majesty's Service, claiming the Honours and Dignity of Viscount of Strathallen, Lord Madertie, and Lord Drummond of Cromlix, with His Majesty's Reference thereof to this House, is referred, which stands appointed for Friday next, be put off to Monday next; and that Notice thereof be given to His Majesty's Attorney General and the Lord Advocate for Scotland; and that the Judges do then attend.
Chasin's Bill.
A Message was brought from the House of Commons, by Mr. Phelips and others:
To return 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;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Pease's Bill.
A Message was brought from the House of Commons, by Mr. Thornton and others:
To return 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;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Weber's Naturalization Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Philip Weber."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Huddersfield Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Eighth Year of His present Majesty, so far as the same relates to the Road from the Township of Huddersfield in the West Riding of the County of York, to Woodhead in the County Palatine of Chester; and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Interludes Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act to amend an Act made in the Tenth Year of the Reign of His late Majesty King George the Second, intituled, "An Act to explain and amend so much of an Act made in the Twelfth Year of the Reign of Queen Anne, intituled, "An Act for reducing the Laws relating to Rogues, Vagabonds, Sturdy Beggars, and Vagrants into one Act of Parliament; and for the more effectual punishing such Rogues, Vagabonds, Sturdy Beggars, and Vagrants, and sending them whither they ought to be sent," as relates to common Players of Interludes;" and also an Act made in the Twenty-fifth Year of the Reign of His said late Majesty, intituled, "An Act for the better preventing Thefts and Robberies, and for regulating Places of Public Entertainment, and punishing Persons keeping disorderly Hotses, so far as the same relate to Persons representing Interludes, Tragedies, Comedies, Operas, Plays, Farces, or other Entertainments of the Stage, and to Persons keeping any House, Room, Garden, or other Public Place for Public Dancing, Music, or other Entertainment of the like Kind in the Cities of London and Westminster, or within Twenty Miles thereof."
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 Monday next.
Petitions respecting referred to Committee.
Upon reading the Petition of Richard Harborne:
Also, Upon reading the Petition of John Palmer:
Also, Upon reading the Petition of John Grubb, Agent for Philip Astley, taking Notice of the last-mentioned Bill; and severally praying their Lordships, "To take their Case into Consideration, and that they may be heard by their Counsel in Support of their Petitions, and that the like Provision may be made in the said Bill with respect to the Petitioners' Theatres as is made to Sadler's Wells, or that the Petitioners may have such other Relief, as to their Lordships shall seem meet:"
It is Ordered, That the said Petitions be referred to the said Committee of the whole House, with Liberty for the Petitioners to be heard by their Counsel in Support of their said Petitions, before the said Committee; and that Counsel be heard for the Bill at the same Time, if they think fit.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum nonum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 29o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Election of a Peer for Scotland, original Return amended.
The Order of the Day being read for the Deputy Clerk of the Crown in Chancery to attend this House with the original Return of the Election of a Peer for Scotland, on the 10th of January last; and he attending accordingly:
Ordered, That the said Return be amended by erasing the Words, "The Votes were equal, that is to say, for Patrick Earl of Dumfreis Twenty-seven, and for William Shaw Lord Cathcart Twenty-seven," and inserting, "William Shaw Lord Cathcart was elected and chosen to sit and vote in the House of Peers in this present Parliament of Great Britain, in the Room of the said George Earl of Dalhousie, deceased."
And he amended the said Return accordingly.
Merlin's Bridge Road Bill.
The Lord Bishop of Chester reported from the Lords Committees, to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road leading from Merlin's Bridge to Pembroke Ferry in the County of Pembroke," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Huddersfield Road Bill.
The Lord Hawke made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing and amending an Act of the Eighth Year of His present Majesty, so far as the same relates to the Road from the Township of Huddersfield in the West Riding of the County of York, to Woodhead in the County Palatine of Chester; and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby," was committed.
Compton Martin Enclosure Bill.
The Lord Bishop of Chester reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Lands within the Parish of Compton Martin in the County of Somerset," 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."
Spondon Enclosure Bill.
The Lord Hawke made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Common Pastures, Common or Moor, and Waste Grounds within the Hamlet or Liberty of Spondon in the County of Derby," was committed.
Bp. Oxford and Ld. Cathcart take the Oaths.
This Day Edward Lord Bishop of Oxford took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
This Day William Lord Cathcart took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Spann Smithy Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair the Road from Spann Smithy in the County of Chester, to Talk in the County of Stafford."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Leith Harbour, &c. Bill.
A Message was brought from the House of Commons, by Sir Adam Ferguson and others:
With a Bill, intituled, "An Act for enlarging and improving the Harbour of Leith; for making a new Bason, Quays, Wharfs, or Docks; for building Warehouses, for making new Roads and widening others leading to and from the said Harbour; and for empowering the Lord Provost, Magistrates, and Council of the City of Edinburgh to purchase Lands, Houses, and Areas; and to borrow Money for these Purposes;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Petition of Debtors in Devon Gaol, praying Relief.
Upon reading the Petition of the Debtors confined in the Sheriff's Ward for the County of Devon, whose Names are thereunto subscribed, complaining of their Distress; and praying Relief:
It is Ordered, That the said Petition do lie on the Table.
Hastings' Trial:
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 House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on Thursday 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, "They might proceed to make good their Charge."
Whereupon, a Witness was called in, sworn, and examined.
And several Papers having been 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. Eames, to acquaint them therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 30o Aprilis 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Compton Martin Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Lands within the Parish of Compton Martin in the County of Somerset."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Spondon Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Common Pastures, Common or Moor, and Waste Grounds within the Hamlet or Liberty of Spondon in the County of Derby."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Merlin's Bridge Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair the Road leading from Merlin's Bridge to Pembroke Ferry in the County of Pembroke."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Huddersfield Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Eighth Year of His present Majesty, so far as the same relates to the Road from the Township of Huddersfield in the West Riding of the County of York, to Woodhead in the County Palatine of Chester; and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Four preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Montagu and Mr. Eames:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Election of a Peer for Scotland, original Papers to be re-delivered.
Ordered, That all the original Papers delivered at the Bar by the Clerks of Session at the Hearing of the Petition of Patrick Earl of Dumfries, complaining of an Election of a Peer for Scotland on the 10th January last, be re-delivered to the Lord Clerk Registrar of Scotland, or to his sufficient Deputies or Deputy.
Leith Harbour Bill, Petition against.
Upon reading the Petition of John Scougall Assistant Master and Andrew Cassels Depute Master of the Incorporation of Ship-masters in Leith, taking Notice of a Bill depending in this House, intituled, "An Act for enlarging and improving the Harbour of Leith; for making a new Bason, Quays, Wharfs, or Docks; for building Warehouses; for making new Roads and widening others leading to and from the said Harbour; and for empowering the Lord Provost, Magistrates, and Council of the City of Edinburgh to purchase Lands, Houses, and Areas; and to borrow Money for these Purposes;" and praying their Lordships, "That they may be heard by themselves or their Counsel against the said Bill passing into a Law, as far as the Petitioners Interest is concerned; and that they may have such Relief as to their Lordships may seem proper:"
It is Ordered, That the said Petition do lie on the Table.
Lingen Road Bill.
A Message was brought from the House of Commons, by Mr. David Murray and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair the Roads leading from Staplebar to Lingen, and from thence by Boresford to Willey's Oak; and from Kingsham to the Kington and Radnor Turnpike Roads near the Rod; and from Lingen aforesaid to Walford in the County of Hereford;" to which they desire the Concurrence of this House.
Cambridge Paving Bill.
A Message was brought from the House of Commons, by Mr. Yorke and others:
With a Bill, intituled, "An Act for the better paving, cleansing, and lighting the Town of Cambridge; for removing and preventing Obstructions and Annoyances; and for widening the Streets, Lanes, and other Passages within the said Town;" to which they desire the Concurrence of this House.
Bagby 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 certain Moors or Commons within the Township of Bagby, in the North Riding of the County of York;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Sir G Amyand's Estate Bill.
A Message was brought from the House of Commons, by Mr. Walwyn and others:
To return the Bill, intituled, "An Act for vesting certain Freehold Estates devised by the Will of Sir George Amyand Baronet, deceased, in Trustees to sell the same, and for laying out the Money arising by such Sale in the Purchase of other Manors, Lands, or Hereditaments, to be settled in lieu thereof to the like Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Spann Smithy Road Bill.
The Lord Chedworth reported from the Lords Committees, to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road from Spann Smithy in the County of Chester, to Talk in the County of Stafford," was committed: "That they had considered the said Bill and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Weber's Naturalization Bill.
The Lord Hawke made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Philip Weber," was committed.
Ordered, That the said Bill be engrossed.
Hastings' Trial:
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 House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday.
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, "They might proceed to make good their Charge."
Whereupon, several Papers were read; and a Witness was called in, sworn, and examined.
Defendant's Counsel pray for a Commission to examine a Witness upon Interrogatories:
The Counsel for the Defendant stated to the House, "That Mr. Gready, whom they meant to call as a Witness; was so dangerously ill, he was not expected to live Three Days, and prayed the House, that a Commission might issue to examine him upon Interrogatories."
The same was fully consented to, on the Part of the Managers for the House of Commons.
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 the former Messengers, to acquaint them therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Maii, jam prox. sequen. horâ decimâ Auroræ, Dominis sic decernentibus.