House of Lords Journal Volume 38: February 1789 11-20

February 1789 11-20

DIE Mercurii, 11^o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

East India Goods, &c. Accounts delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

They were called in, and delivered at the Bar, pursuant to the several Acts of Parliament, the Return of the said Commissioners, with the following Accounts:

No. 1. "An Account of prohibited East India Goods imported into St. Helen's and private Trade Warehouses in the Port of London, from Michaelmas 1787, to Michaelmas 1788; what delivered out for Exportation during that Period, and what remained in the said Warehouses at Michaelmas 1788."

2. "An Account of prohibited East India Goods imported into Leadenhall Warehouse, in the Port of London, from Michaelmas 1787, to Michaelmas 1788; also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1788."

3. "An Account of prohibited East India Goods remaining in His Majesty's Warehouse, in the Port of London, at Michaelmas 1787; what have been since brought in, what exported; as also what remained at Michaelmas 1788."

4. "An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1787; what have been since brought in, what exported; as also what remained at Michaelmas 1788."

5. "An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helen's, Leadenhall, Billiter Lane, and the Custom House, in the Port of London, since Michaelmas 1787, in order to be dyed, glazed, and refreshed; what have been returned, and what remained out at Michaelmas 1788."

6. "An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1787, to Michaelmas 1788."

7. "An Account of Naval Stores imported from Russia into the Ports of England, commonly called The Out Ports, from Michaelmas 1787, to Michaelmas 1788."

8. "An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port in Great Britain they were discharged; and also what Quantity of Blubber each Ship imported in the Year 1788."

And then they withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on the Table.

Sheridan for a Divorce Bill:

Upon reading the Petition of Henry Fortick Sheridan Esquire, praying Leave to bring in a Bill to dissolve his Marriage with Lydia Fergussone his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:

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 to dissolve the Marriage of Henry Fortick Sheridan Esquire, with Lydia Fergussone his Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the 26th Day of this Instant February, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Henry Fortick Sheridan may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Lydia Fergussone may have a Copy of the said Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Ramsay and Gordon against Magistrates of Edinburgh:

Upon reading the Petition and Appeal of Major George Ramsay of Peppermiln, and Charles Gordon Esquire, of Braid; complaining of Two Interlocutors of the Sheriff of Edinburgh, of the 28th of January and the 15th of February 1788; and also of an Interlocutor of the Lords of Session of Scotland, of the 20th of November 1788; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that the Magistrates of Edinburgh may be required to answer the said Appeal:"

It is Ordered, That the said Magistrates of Edinburgh may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 11th Day of March next; and Service of this Order upon them, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into a Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for Major George Ramsay and Charles Gordon Esquire, on account of their Appeal depending in this House, they residing in Scotland:"

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellants, as desired.

Rocheid against Kinloch et al.:

Upon reading the Petition and Appeal of James Rocheid of Inverleith, in the County of Edinburgh, and Darnchester, in the County of Berwick, in Scotland, Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 2d of August 1788, and 13th of January 1789; and praying, "That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom and Justice, shall seem meet; and that Sir David Kinloch Baronet, and the other Defenders, may be required to answer the said Appeal:"

It is Ordered, That the said Sir David Kinloch, and the other Defenders, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 11th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for James Rocheid Esquire, on Account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

Stirling against Drummond.

The House being informed, "That Robert Drummond of the Island of Jamaica, Respondent to the Appeal of John Stirling of Kippendavie, Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon, an Affidavit of James Young, Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Armstrong against His Majesty's Advocate.

Upon reading the Petition of David Armstrong Esquire, Appellant in a Cause depending in this House, and of His Majesty's Advocate for Scotland, Respondent thereto; setting forth, "That they are desirous that the Hearing of this Cause may be adjourned till Tuesday the 24th Day of March next;" and therefore praying, "That their Lordships will adjourn the Hearing of this Cause till Tuesday the 24th Day of March next:"

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

Fraser against His Majesty's Advocate.

Upon reading the Petition of the Honourable Archibald Fraser, of Lovat, Appellant in a Cause depending in this House, and of His Majesty's Advocate for Scotland, Respondent thereto; setting forth, "That they are desirous that the Hearing of this Cause should be put off till next Session of Parliament;" and therefore praying, "That their Lordships will postpone the Hearing of this Cause till next Session of Parliament:"

It is Ordered, That the Hearing of this Cause be put off to the next Session of Parliament, as desired.

Drysdale et al. against Lindsay.

The House being informed, "That Henry Lindsay, Respondent to the Appeal of William Drysdale of Wester Pittenchar, and others Freeholders of the County of Fife, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon, an Affidavit of Alexander Mundell of the due Service of the said Order being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Gordon against Gordon et al.:

Upon reading the Petition of George Alexander Gordon, Appellant in a Cause depending in this House, to which Janet Gordon and others are Respondents, which stands appointed for hearing; setting forth, "That the Petititioner is advised and is desirous to withdraw his Appeal;" and therefore praying their Lordships, That he may have Leave to withdraw his said Appeal, the Agent for the said Respondent having signed the said Petition, as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.

Williams et al. against Wright.

A Petition of Richard Williams and others, Appellants in a Cause depending in this House, to which Robert Wright is Respondent, which stands appointed for Hearing, was presented and read; setting forth, "That the Respondent in this Cause having died since the last Session of Parliament, the Appeal has thereby abated; that the legal Representative of the Respondent is in the East Indies, and has not yet had an Opportunity of appearing; the Appellant is, therefore, desirous that this Cause should be adjourned Sine Die, until such Time as the Appeal is revived against the said Representative;" and therefore praying their Lordships, That the Hearing of this Cause may be adjourned Sine Die:"

And thereupon, the Agent for the Petitioners was called in, and heard at the Bar; and being withdrawn:

Ordered, That the Hearing of this Cause be adjourned Sine Die, as desired.

V. Dudley & Ward's Petition touching his being called to take his Seat.

Upon reading the Petition of William Lord Viscount Dudley and Ward, Son and Heir of the Right Honourable John heretofore Lord Ward and Baron Birmingham, and afterwards Viscount Dudley and Ward; setting forth, "That His present Majesty by His Letters Patent issuing under the Great Seal of Great Britain, was most graciously pleased to create the said John Lord Ward Baron Birmingham a Viscount of the Realm, by the Stile, Title, and Dignity of Viscount Dudley and Ward of Dudley in the County of Worcester, to hold to him and the Heirs Male of his Body lawfully begotten and to be begotten, which said Letters Patent bear Date the 21st Day of April 1763; that the Petitioner's said Father John Lord Viscount Dudley and Ward was, in the ensuing Parliament, summoned to Parliament, and was introduced and took his Seat in this Honourable House on the 15th Day of November 1763, by the Dignity of a Viscount, and sat and voted as such in that and other Parliaments until on or about the 6th Day of May 1774, when the said Viscount died, leaving John late Viscount Dudley and Ward, and the Petitioner William Ward, his Two Sons, by different Venters him surviving, and no other Issue; that upon the Death of the Petitioner's said Father, the Title of Viscount Dudley and Ward came to and descended upon the Honourable John Ward the eldest Son of the said Viscount Dudley and Ward by his First Wife, and who being summoned to Parliament, took his Seat in this Honourable House on the 16th Day of May 1774, by the Dignity of a Viscount, and sat and voted in that and other Parliaments by the Title of Viscount Dudley and Ward until on or about the 9th Day of October last, when he died without Issue, leaving his Widow Mary Viscountess Dudley and Ward, him surviving; that on the Death of the said John Lord Viscount Dudley and Ward, the Petitioner's Brother, without Issue as aforesaid, the Title and Dignity of Viscount Dudley and Ward came to and descended upon the Petitioner, as the Son and Heir Male of the first mentioned John Lord Viscount Dudley and Ward, the Petitioner's Father; that the Petitioner upon the Death of his Brother John late Lord Viscount Dudley and Ward, without Issue, applied to the Right Honourable the Lord High Chancellor of Great Britain, Speaker of this Honourable House, requesting his Lordship to issue a Writ of Summons to be directed to the Petitioner as a Peer of this Realm, by the Name, Stile, and Title of William Lord Viscount Dudley and Ward, but before the issuing of the said Writ of Summons in favour of the Petitioner, it was thought proper that the said Mary Viscountess Dudley and Ward should declare whether she was pregnant or not; that the Petitioner caused Application to be made to the said Mary Viscountess Dudley and Ward by Robert Hinde of Lincoln's Inn, Esquire, desiring that she would acknowledge, for the Satisfaction of this Honourable House, whether she was pregnant or not, in order to enable the Petititioner to take his Seat, and that the said Robert Hinde waited upon the said Mary Viscountess Dudley and Ward, and in a very delicate Manner represented to her the Necessity and Propriety of her declaring whether she was pregnant or not, when the said Mary Viscountess Dudley and Ward informed the said Robert Hinde that she did not chuse to declare herself to that Question, and after some Conversation upon other Matters, when the said Robert Hinde was about to take his Leave of the said Mary Viscountess Dudley and Ward, she desired him to inform the Petitioner that she would give no satisfactory Answer as to her Pregnancy; that the Petitioner hath no Reason to apprehend or believe that the said Mary Viscountess Dudley and Ward is pregnant, but on the contrary, the strongest Evidence the Case will admit of can be adduced by the Petitioner to prove that she is not pregnant, and the Petitioner apprehends that the said Mary Viscountess Dudley and Ward refuses to declare whether she is pregnant or not from Motives of Enmity to the Petitioner, she having given that as her Reason for it; and still further to harrass the Petitioner, the said Mary Viscountess Dudley and Ward is preparing to leave this Kingdom and to retire into Parts beyond the Seas;" and therefore praying, That their Lordships will be pleased to direct that the Petitioner shall be called to take his Seat in this honourable House as Viscount Dudley and Ward, or that their Lordships will be pleased to cause Enquiry to be made whether the said Mary Viscountess Dudley and Ward is pregnant, either by issuing a Writ or Precept in the Nature of the Writ de Ventre inspiciendo, and also a Writ or Precept in the Nature of the Writ Ne Exeat Regno, to restrain the said Mary Viscountess Dudley and Ward from departing this Kingdom into Parts beyond the Seas, or that the Petitioner may be further or otherwise relieved in the Premises, as their Lordships in their Wisdom shall think fit:"

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 Veneris, decimum tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 13^o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Regency Bill.

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

With a Bill, intituled, "An Act to provide for the Care of His Majesty's Royal Person, and for the Administration of the Royal Authority during the Continuance of His Majesty's Illness;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

East Indies, List of Offices in, delivered.

The House being informed, "That Mr. Morton from the East India Company attended:"

He was called in; and delivered at the Bar, pursuant to an Act of the 24th Year of His present Majesty,

"A List of Offices, Places, and Employments in the Civil and Military Establishments of the East India Company in the East Indies, with the Salaries or Pay and Emoluments belonging thereto, or allowed or paid by the said Company in respect thereof."

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the said List do lie on the Table.

Hastings Trial deferred:

Moved, "That the Order made on Monday last for the House to proceed further in the Trial of Warren Hastings Esquire, on Monday Morning next, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Monday the 6th Day of April next, at Ten o'Clock in the Morning, in Westminster Hall.

Message to H. C. to acquaint them therewith.

A Message was ordered to be sent to the House of Commons, by Mr. Pepys and Mr. Walker, to acquaint them therewith.

Buckworth for a Bill to take the Name of Shakerley.

Upon reading the Petition of Charles Watkin John Buckworth of Somerford, in the County of Chester, Esquire, the eldest Son of Elizabeth Buckworth Widow, by her late Husband Charles Buckworth Esquire, deceased; praying Leave to bring in a Bill to enable the Petitioner, and the Heirs Male of his Body, to take and use the Surname of Shakerley, and to bear the Arms of Shakerley, pursuant to the Will of Peter Shakerley Esquire, deceased:

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

Peers Pedigrees referred to Committee.

Ordered, That the Pedigrees of Aubrey Duke of St. Alban's, Francis Duke of Bedford, George Marquis of Buckingham, William Marquis of Lansdown, George Marquis Townshend, Charles Earl of Peterborough, George Earl of Winchelsea, George Earl of Scarbrough, John Earl Poulet, Robert Earl Ferrers, Heneage Earl of Aylesford, Frederick Earl of Bristol, Charles Earl Stanhope, Robert Earl of Harborough, George Earl of Pomfret, George Earl Waldegrave, Charles Earl of Harrington, George Earl of Egremont, George Simon Earl Harcourt, Henry Earl of Ilchester, John Earl De la Warr, John Earl of Chatham, Thomas Earl of Clarendon, Henry Earl of Abergavenny, James Earl of Lonsdale, Edward Earl Beaulieu, Richard Earl Howe, George Viscount Hereford, George Viscount Bolingbroke, Thomas Viscount Hampden, Thomas Lord Le Despencer, George Lord Audley, John Lord Clifton, Charles Lord Cadogan, Peter Lord King, John Lord Monson, John Lord Lovel and Holland, Thomas Lord Foley, Henry Lord Carteret, James Lord Sherborne, William Lord Douglas, Lloyd Lord Kenyon, Joseph Lord Dover, and James Lord Malmesbury, be referred to the Committee for Privileges.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 16^o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pensions, Lists of, delivered.

The House being informed, "That Mr. Ramus from the Treasury attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

List of Pensions, together with the Names of the Persons to whom the same are granted, since the 10th Day of December 1787, (being the Date of the last Return,) who have served the Crown in Foreign Courts, made out pursuant to the Directions of an Act passed in the 22d Year of the Reign of His present Majesty, intituled, "An Act for enabling His Majesty to discharge the Debt contracted upon His Civil List Revenues, and for preventing the same from being in Arrear for the future, by regulating the Mode of Payments out of the said Revenues, and by suppressing or regulating certain Offices therein mentioned, which are now paid out of the Revenues of the Civil List:"

And also, "List of Pensions, together with the Names of the Persons to whom the same are granted, since the 10th of December 1787, (being the Date of the last Return,) made out pursuant to the Directions of an Act passed in the 22d Year of the Reign of His present Majesty, intituled, "An Act for enabling His Majesty to discharge the Debt contracted upon His Civil List Revenues, and for preventing the same from being in Arrear for the future, by regulating the Mode of Payments out of the said Revenues, and by suppressing or regulating certain Offices therein mentioned, which are now paid out of the Revenues of the Civil List."

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Lists do lie on the Table.

Land Revenues, Fourth Report of Commissioners delivered.

The House being informed, "That Mr. Harrison from the Commissioners appointed to enquire into the State and Condition of the Land Revenues of the Crown attended:"

He was called in, and delivered at the Bar,

"The Fourth Report of the Commissioners appointed to enquire into the State and Condition of the Woods, Forests, and Land Revenues of the Crown, and to sell or alienate Fee Farm and other unimproveable Rents, dated 3d February 1789."

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the said Report do lie on the Table.

Whale Fishery, Account of Scotch Ships employed in, delivered.

The House being informed, "That Mr. Ramus from the Commissioners of the Customs in Scotland attended:"

He was called in, and delivered at the Bar,

"An Account of what Number of Ships or Vessels from Scotland have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port discharged; and also what Quantity of Oil or Blubber or Whale Fins each Ship has imported, from the 10th October 1787, to the 10th October 1788."

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the said Account do lie on the Table.

Lloyd et Ux. Petition referred to Judges.

Upon reading the Petition of the Reverend William Lloyd of the Charter House in the City of London, and Elizabeth his Wife; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Ingilby's Petition referred to Judges.

Upon reading the Petition of Sir John Ingilby of Ripley, in the County of York, Baronet; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Wilson, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Drysdale et al. against Lindsay:

Upon reading the Petition of William Drysdale and others, Appellants in a Cause depending in this House, to which Henry Lindsay is Respondent; setting forth, "That the Appellants are advised to withdraw their said Appeal, to which no Answer hath been put in;" and therefore praying their Lordships, "That they may be allowed to withdraw their said Appeal:"

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Magistrates of Edinburgh against Erskine et al.:

Upon reading the Petition and Appeal of the Lord Provost, Magistrates, and Town Council of the City of Edinburgh, and George M^cQueen Collector of the Land Tax for the said City; complaining of an Interlocutor of the Lords of Session in Scotland, of the 29th of January 1788; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that the Honourable Henry Erskine, Dean, and the Remanent Members of the Faculty of Advocates, and John Davidson Deputy Keeper of the Signet, and the whole Society of Writers to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Henry Erskine and the said several other Defenders 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 16th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for the Lord Provost, Magistrates, and Council of the City of Edinburgh, and George M^cQueen, on account of their Appeal depending in this House, they residing in Scotland:"

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellants, as desired.

Regency Bill.

Moved, "That the Bill, intituled, "An Act to provide for the Care of His Majesty's Royal Person, and for the Administration of the Royal Authority during the Continuance of His Majesty's Illness," be now read a Second Time:"

The said Bill was accordingly read a Second Time.

Moved, "That the said Bill be committed."

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 To-morrow; and that the Lords be summoned.

Adjourn.

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

DIE Martis, 17^o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Grantley takes his Seat:

This Day William Lord Grantley sat first in Parliament after the Death of his Father Fletcher Lord Grantley; 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.

Regency Bill, Petition of Inhabitants of Westminster respecting.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, Inhabitant Housekeepers and Electors of the City of Westminster, taking Notice of a Bill depending in this House, intituled, "An Act to provide for the Care of His Majesty's Royal Person, and for the Administration of the Royal Authority during the Continuance of His Majesty's Illness;" and praying, "That in the Provisions that shall be made for ascertaining the Return of His Majesty's Capacity for the Personal Exercise of His Government, and for His Re-assumption thereof, shall not make an Unconstitutional Surrender of their own Functions, nor delegate into the Hands of a partial Description of private Individuals, the great and high Duties reposed in them for the general Benefit of the Subject; and that they will not resign the Right of Parliamentary Inquiry, of obtaining authentic Information concerning the real Situation of their Sovereign, and the actual State of His unhappy Malady:"

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

Hay et al. against Hay.

Upon reading the Petition and Appeal of Frances Hay, only Child of the Marriage between the deceased William Hay Esquire, and the also deceased Lady Catherine Hay his Wife, Daughter of the late John Marquis of Tweeddale, as also of George Marquis of Tweeddale, Edward Hay of Newhall Esquire, Islay Campbell Esquire, His Majesty's Advocate for Scotland, James Hay of Belton Esquire, and Allan M^cDougall, Writer to the Signet, Curators of the said Frances Hay; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 24th of July and 25th of November 1788; and praying, "That the same may be reversed, varied, altered, or amended, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Hay may be required to answer the said Appeal:"

It is Ordered, That the said Robert Hay may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Tuesday the 17th Day of March 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.

Sheridan's Divorce Bill.

Ordered, That Thomas Sell, Sarah Sell, and Thomas Bund, do attend this House on Thursday the 26th Day of this Instant February, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Henry Fortick Sheridan Esquire, with Lydia Fergussone his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Writs of Error delivered:

The Lord Kenyon Lord Chief Justice of the Court of King's Bench, in the usual Manner delivered in at the Table Two Writs of Error:

Etches against Arbouine and Zinnerman:

In the First of which,
Richard Cadman Etches is Plaintiff,
and
Samuel Arbouine and Samuel Zinnerman are Defendants.

Etches against Carvers.

And in the Second,
Richard Cadman Etches is Plaintiff,
and
Erasmus Carver and William Carver are Defendants.

Regency Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to provide for the Care of His Majesty's Royal Person, and for the Administration of the Royal Authority during the Continuance of His Majesty's Illness;" and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And the Lord Walsingham reported, "That the Committee had made a Progress in the Bill."

Ordered, That the House be again put into a Committee upon the said Bill To-morrow; and that the Lords be summoned.

Adjourn.

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

DIE Mercurii, 18^o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Regency Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act to provide for the Care of His Majesty's Royal Person, and for the Administration of the Royal Authority during the Continuance of His Majesty's Illness;" and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee again upon the said Bill.

After some Time, the House was resumed:

And the Lord Walsingham reported, "That the Committee had made a further Progress in the Bill."

Ordered, That the House be again put into a Committee upon the said Bill To-morrow; and that the Lords be summoned.

Adjourn.

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

DIE Jovis, 19^o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Smith et al. against Pickering.

Upon reading the Petition and Appeal of Thomas Smith, John Wright, and Henry Gray, of Lombard Street, London, Bankers and Copartners, and James Thomson Clerk to the Signet in Scotland, their Attorney, complaining of an Interlocutor of the Lord Ordinary in Scotland of the 5th of August 1788, (except in so far as it sustains the Security to the Extent therein mentioned;) also of another Interlocutor of the said Lord Ordinary of the 20th of November 1788; and also of Two Interlocutors of the Lords of Session there of the 16th of January 1788, and 3d of February 1789; and praying, "That the same may be reversed, varied, or amended in so far as complained of, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that George Pickering of Newcastle-upon-Tyne, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said George Pickering may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Thursday the 19th Day of March 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.

Taylor against Perry:

Upon reading the Petition of Robert Taylor, Plaintiff in a Writ of Error depending in this House, wherein James Perry is Defendant; setting forth, "That the Petitioner brought a Writ of Error returnable before their Lordships, which was brought up into this House on the 26th Day of June last, together with the Record thereof, whereupon the Petitioner assigned certain Matter for Error; that the Petitioner is since advised to withdraw his said Assignment of Errors, and doth not intend further to prosecute his said Writ;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ of Error may be Non-pros'd with such Costs, as their Lordships shall please to direct, the Agent for the said Defendant having signed the said Petition as consenting thereto:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Assignment of Errors, as desired; and that the Defendant in Error do forthwith enter a Nonpros on the said Writ of Error, 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.

Ld. Milford's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Richard Lord Milford, in the Kingdom of Ireland, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Regency Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act to provide for the Care of His Majesty's Royal Person, and for the Administration of the Royal Authority during the Continuance of His Majesty's Illness;" and for the Lords to be summoned:

Ordered, That the said Order be discharged.

Ordered, That the House be again put into a Committee upon the said Bill on Tuesday next; and that the Lords be summoned.

Adjourn.

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