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 1789 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/pp394-402 [accessed 22 December 2024].
'House of Lords Journal Volume 38: April 1789 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/pp394-402.
"House of Lords Journal Volume 38: April 1789 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/pp394-402.
In this section
April 1789 21-30
DIE Martis, 21o Aprilis 1789.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Dumfries Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Grateney by Annan, Dumfries and Sanquhar, in the County of Dumfries, to the Confines of the County of Ayr, and the Road from Carsenarget to Wanlockhead, in the said County of Dumfries."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Afternoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Rann or Slaney's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting divers undivided Parts of certain Estates in Staffordshire, the settled Property of the Reverend Jonas Slaney and Mary his Wife, in Trustees, to be sold; and for laying out the Purchase Money in entire Estates, to be settled to the same Uses."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday the 6th Day of May next, at the usual Time and Place; and to adjourn as they please.
Sir M. le Fleming's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Manor of Ashted, otherwise Great Ashted, and several Messuages, Lands, Tenements, and Hereditaments, in the County of Surrey, therein mentioned, in Trustees to be sold and conveyed, pursuant to an Agreement for that Purpose; and for investing Part of the Money to arise by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the several Uses therein mentioned, or referred unto; and for other Purposes therein expressed."
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 Friday the 8th Day of May next, at the usual Time and Place; and to adjourn as they please.
Crispin or Foster's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for effectuating the Sale of certain Estates of John Foster, deceased."
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.
Sir J. Long et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Sir James Tylney Long Baronet and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates devised by the Will of John Earl Tylney, in London, Middlesex, and Essex, in Trustees to be sold, and for laying out the Money thence arising in other Estates, to be settled in lieu thereof to the same Uses."
Sir P. Hales et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Philip Hales Baronet and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Sir Thomas Pym Hales Baronet, deceased, in the County of Kent, in Trustees to be sold and disposed of, for the Payment of certain Incumbrances affecting the same; and for other Purposes therein mentioned."
Shop Tax repeal Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to repeal Two Acts made in the Twenty-fifth and Twenty-sixth Years of the Reign of His present Majesty, for granting to His Majesty certain Duties on Shops within Great Britain."
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.
Streatham Workhouse Bill.
A Message was brought from the House of Commons, by Lord William Russell and others:
With a Bill, intituled, "An Act for building a Workhouse for the Reception and Employment of the Poor of the Parish of Streatham, in the County of Surrey;" to which they desire the Concurrence of this House.
Putton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Ewer and others:
With a Bill, intituled, "An Act for dividing and allotting the Open and Common Fields, and other Commonable Lands and Grounds in Putton, alias Podington, in the Village or Tything of Easton, in the Parish of Chickerill, alias West Chickerill, in the County of Dorset;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Hastings' Trial, Parke to attend.
Ordered, That Captain Alexander Parke do attend to give Evidence at the Trial of Warren Hastings Esquire, in Westminster Hall.
Cuming against Donaldson.
Upon reading the Petition and Appeal of Mrs. Jean Cuming, residing in Banff, complaining of an Interlocutor of the Lord Ordinary in Scotland of the 8th of this Instant April; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that James Donaldson of Kinnairdy, may be required to answer the said Appeal:"
It is Ordered, That the said James Donaldson may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 19th Day of May next; and Service of this Order upon the said Respondent, or upon his known Counsel or Agent in the Court of Session in Scotland, shall be deemed good Service.
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.
Reed against Lewis et al.
In the First of which,
Nehemiah Reed Esquire is Plaintiff,
and
Dominique Lewis and others are Defendants.
Squibb against Bromfeild.
And in the last,
James Squibb is Plaintiff,
and
William Bromfeild Esquire is Defendant.
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 in the last Session.
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."
Mr. Burke then proceeded to open the Sixth Article of Charge; and having been heard in Part thereupon:
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.
A Message was sent to the House of Commons, by Mr. Eames and Mr. Montagu, to acquaint them therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 22o Aprilis 1789.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Hastings' Trial deferred:
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:
Ordered, That the said Order be discharged.
Ordered, That this House do proceed further in the Trial of Warren Hasting Esquire, on Saturday Morning next, at Ten o'Clock, in Westminster Hall.
Message to H. C. to acquaint them therewith.
A Message was sent to the House of Commons, by Mr. Eames and Mr. Montagu, to acquaint them therewith.
Hallett's Bill.
The Lord Sommers reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the settled Estates of William Hallett Esquire, to exchange or sell the same; and for laying out the Money arising by the Sale, in the Purchase of other Messuages, Lands, and Hereditaments, to be settled to the same Uses," 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 made some Amendments thereto."
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Ld. Milford or Sir J. Philipp's Estate Bill.
The Lord Sommers also reported from the Lord Committees, to whom the Bill, intituled, "An Act for vesting certain Estates, devised by the Will of Sir John Philipps Baronet, deceased, in Trustees to be sold, and for investing the Money arising from the Sale thereof, in the Purchase of other Lands, to be settled to the Uses devised by the said Will, of the Estates so to be vested in Trustees to be sold," 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 made some Amendments thereto."
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Whitby Paving, &c. Bill.
The Lord Sommers reported from the Lords Committees, to whom the Bill, intituled, "An Act for paving, repairing, cleansing, lighting, watching, widening, and regulating the Streets, Lanes, Alleys, and Public Passages, within the Town of Whitby, in the County of York; for preventing Encroachments, Nuisances, and Annoyances therein; for regulating the Carriages, Cartmen, and Porters there; and for making convenient Approaches to the Bridge over the River Esk, within the said Town," 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."
Odiham Road Bill.
The Lord Sommers made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Odiham, in the County of Southampton, to Farnham, in the County of Surrey," was committed.
Hertfordbridge Road Bill.
The Lord Sommers made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing and rendering more effectual several Acts for repairing the Road from Hertfordbridge Hill to the Town of Basingstoke, and also the Road from Hertfordbridge Hill aforesaid, to the Town of Odiham, in the County of Southampton; and for extending the Limits of the said last mentioned Road from the present Termination thereof in the said Town of Odiham, to the Road leading from thence through the said Town, to the Great Western Road at Bartley Heath, in the said County," was committed.
Dumfries Road Bill.
The Lord Sommers made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Grateney by Annan, Dumfries, and Sanquhar, in the County of Dumfries, to the Confines of the County of Ayr, and the Road from Corsenarget to Wanlockhead, in the said County of Dumfries," was committed.
Nantes Naturalization Bill.
The Lord Sommers made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Henry Nantes," was committed.
Ordered, That the said Bill be engrossed.
Jackson's Naturalization Bill.
The Lord Sommers made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Anna Elizabeth Jackson," was committed.
Stanwell, &c Enclosure Bill.
The Lord Sommers also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the several Open Fields, Arable and Meadow Grounds, and Lammas Lands and Commons, Moors, and Waste Lands, within the Manors of Stanwell and Hammonds, otherwise Shipcot, and in the Parish of Stanwell, in the County of Middlesex," 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."
Webb, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Nathaniel Webb of Saville Row, Esquire, for and on the Behalf of himself and his Wife, an Infant; praying Leave to bring in a Private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for effectuating the Sale of the Freehold Estate of Nathaniel Webb Esquire, and Harriet Ellen his Wife, an Infant, at Boreham, in the County of Essex."
E. Winchelsea, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable George Earl of Winchelsea and Nottingham; praying Leave to bring in a Private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for establishing, confirming, and carrying into Execution certain Articles of Agreement between the Reverend John Lowth Vicar of the Parish of Burley on-the-Hill, in the County of Rutland, and the Right Honourable George Earl of Winchelsea and Nottingham, and thereby settling all Disputes and Differences which have arisen in consequence of a Claim of Tythes made by the said Vicar."
Sir P. Hales' Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estate late of Sir Thomas Pym Hales Baronet, deceased, in the County of Kent, in Trustees to be sold and disposed of, for the Payment of certain Incumbrances affecting the same, and for other Purposes therein mentioned."
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 8th Day 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.
Putton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and allotting the Open and Common Fields and other Commonable Lands and Grounds in Putton, alias Podington, in the Village or Tything of Easton, in the Parish of Chickerill, alias West Chickerill, in the County of Dorset."
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 Saturday next, at the usual Time and Place; and to adjourn as they please.
Shop Tax repeal Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to repeal Two Acts made in the Twenty-fifth and Twenty-sixth Years of the Reign of His present Majesty, for granting to His Majesty certain Duties on Shops within Great Britain."
After some Time, the House was resumed:
And the Earl of Hopetoun reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Aprilis, horâ septimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 23o Aprilis 1789.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
House meets to attend His Majesty to St. Paul's, and Order made as to Return of Carriages.
The House met in order to attend His Majesty at Saint Paul's Church in the Solemnity of the Public Thanksgiving.
Ordered, That the Lords Carriages do return from Saint Paul's Church in the same Order they went, except the Carriage of the Lord Chancellor.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum quintum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Sabbati, 25o Aprilis 1789.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Putton Enclosure Bill.
The Earl of Hopetoun reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and allotting the Open and Common Fields and other Commonable Lands and Grounds in Putton, alias Podington, in the Village or Tything of Easton, in the Parish of Chickerill, alias West Chickerill, in the County of Dorset," 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."
Shop Tax repeal Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to repeal Two Acts made in the Twenty-fifth and Twenty-sixth Years of the Reign of His present Majesty, for granting to His Majesty certain Duties on Shops within Great Britain."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Dumfries Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Grateney, by Annan, Dumfries, and Sanquhar, in the County of Dumfries, to the Confines of the County of Ayr; and the Road from Corsenarget to Wanlockhead, in the said County of Dumfries."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Stanwell, &c. Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Open Fields, Arable, and Meadow Grounds, and Lammas Lands and Commons, Moors, and Waste Lands, within the Manors of Stanwell and Hammonds, otherwise Shipcot, and in the Parish of Stanwell, in the County of Middlesex."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Whitby Paving, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for paving, repairing, cleansing, lighting, watching, widening, and regulating the Streets, Lanes, Alleys, and Public Passages within the Town of Whitby, in the County of York; for preventing Encroachments, Nuisances, and Annoyances therein; for regulating the Carriages, Cartmen, and Porters there; and for making convenient Approaches to the Bridge over the River Esk, within the said Town."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Hertford-bridge Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and rendering more effectual several Acts for repairing the Road from Hertford-bridge Hill, to the Town of Basingstoke; and also the Road from Hertford-bridge Hill aforesaid, to the Town of Odiham, in the County of Southampton; and for extending the Limits of the said last mentioned Road from the present Termination thereof in the said Town of Odiham, to the Road leading from thence through the said Town, to the Great Western Road at Bartley Heath, in the said County."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Jackson's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Anna Elizabeth Jackson."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Odiham Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Odiham, in the County of Southampton, to Farnham, in the County of Surrey."
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 Seven preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Eames and Mr. Montagu:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Hallett's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Settled Estates of William Hallett Esquire, to exchange or sell the same; and for laying out the Money arising by the Sale in the Purchase of other Messuages, Lands, and Hereditaments, to be settled to the same Uses."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Ld. Milford or Sir J. Philipp's Estate Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Estates devised by the Will of Sir John Philipps Baronet, deceased, in Trustees to be sold, and for investing the Money arising from the Sale thereof, in the Purchase of other Lands to be settled to the Uses devised by the said Will, of the Estates so to be vested in Trustees to be sold."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Nantes' Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Henry Nantes."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. with the Three preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To carry down the said Bills, and desire their Concurrence thereto.
Spottiswoode to enter into Recognizance on Caming's Appeal.
The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for Mrs. Jean Cuming, on account of her Appeal depending in this House, she living in Scotland:"
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Stokenchurch Road Bill.
A Message was brought from the House of Commons, by the Lord Charles Spencer and others:
With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Eighteenth Year of the Reign of His present Majesty, for repairing and widening the Road from Stokenchurch, in the County of Oxford, to Wheatley Bridge; and from the said Bridge to Enslow Bridge; and from Wheatley Bridge to the Mile-way leading towards Magdalen Bridge; and from the Mile-way leading from Saint Giles's Church near the City of Oxford, by Begbroke, to New Woodstock, in the said County; and for making, amending, completing, and keeping in Repair a Road from the Bottom of Cheyney Lane up Headington Hill, to join the present Enslow Branch of Road, in the Parish of Holton, in the said County of Oxford, to be used instead of the present Road up Cheyney Lane and Shotover Hill, to the West End of the Town of Wheatley, and for amending and widening the Road from the West End of the said Town to the said Enslow Branch of Road;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Bine's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Parts of the Real Estates late of Francis Bine of the Town and County of the Town of Kingstonupon-Hull, Merchant, deceased, in Trustees to sell and convey the same; and for laying out the Money arising by such Sale in the Manner and upon the Trusts therein mentioned."
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 the 13th Day 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.
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 Tuesday 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."
And Mr. Burke being further heard to open the Sixth Article of Charge:
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 Thursday Morning next, at Ten o'Clock, in Westminster Hall.
Message to H. C. that this House will proceed in the Trial.
A Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
The Lord Sydney (by His Majesty's Command) laid before the House,
Report of Committee of Council for Trade and Plantations delivered.
"Report of the Lords of the Committee of Council appointed for the Consideration of all Matters relating to Trade and Foreign Plantations, submitting to His Majesty's Consideration the Evidence and Information they have collected in consequence of His Majesty's Order in Council, dated the 11th of February 1788, concerning the present State of the Trade to Africa, and particularly the Trade in Slaves; and concerning the Effects and Consequences of this Trade, as well in Africa and the West Indies, as to the general Commerce of this Kingdom."
And the Title thereof being read by the Clerk:
Ordered, That the said Report do lie on the Table.
Ordered, That the said Report be printed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 27o Aprilis 1789.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Foley against Burnell and Armstrong in Error;
The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Andrew Foley Esquire is Plaintiff, and John Burnell and James Armstrong are Defendants; and for the Judges to attend:
Counsel were accordingly called in.
And Counsel appearing on both Sides:
The Counsel were directed to withdraw.
Then the following Order and Judgement was made:
Judgement affirmed with Costs.
"Whereas by virtue of His Majesty's Writ of Error, returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House the 22d Day of May 1788, wherein Andrew Foley Esquire is Plaintiff, and John Burnell and James Armstrong are Defendants, in order to reverse a Judgement given in His Majesty's Court of Exchequer Chamber for the said Defendants, affirming a Judgement of His Majesty's Court of King's Bench; and Counsel being called in to be heard to argue the Errors assigned upon the said Writ of Error; and Counsel appearing on both Sides: Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the said Court of Exchequer Chamber for the said Defendants, affirming the Judgement of the Court of King's Bench be and the same is hereby affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, that the Plaintiff in Error do pay or cause to be paid to the Defendants in Error, the Sum of Fifty Pounds for their Costs in this House."
The Tenor of which Judgement to be affixed to the Transcript of the Record, is as follows; (videlicet)
Mechen-Iscoed, &c. Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Cotes and others:
With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Common Fields and Waste Lands, within the Manors of Mechen-Iscoed and Plasy Dinas, in the County of Montgomery;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Putton Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and allotting the Open and Common Fields, and other Commonable Lands and Grounds in Putton, alias Podington, in the Village or Tything of Easton, in the Parish of Chickerill, alias West Chickerill, in the County of Dorset."
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. Pepys and Mr. Walker:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Causes put off.
Ordered, That the Hearing of the Cause, wherein Andrew Stration is Appellant, and Thomas Graham Esquire is Respondent, which stands appointed for Wednesday next, be put off to Friday the 8th Day of May next; and that the Rest of the Causes be removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 30o Aprilis 1789.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Perth Roads Bill.
A Message was brought from the House of Commons, by General Murray and others:
With a Bill, intituled, "An Act for repairing certain Roads in the County of Perth; and for explaining and amending an Act made in the Twenty-fifth Year of the Reign of His present Majesty, for repairing the Highways, Bridges and Ferries in the County of Perth;" to which they desire the Concurrence of this House.
Forfar Road Bill.
A Message was brought from the House of Commons, by Mr. Douglas and others:
With a Bill, intituled, "An Act for repairing the Roads in the County of Forfar, and for regulating the Statute Labour within the same;" to which they desire the Concurrence of this House.
Quebec, &c. Provisions Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act to enable His Majesty to authorize in case of Necessity the Importation of Bread, Flour, Indian Corn, and Live Stock, from any of the Territories belonging to the United States of America into the Province of Quebec, and all the Countries bordering on the Gulph of St. Lawrence, and the Islands within the said Gulf, and to the Coast of Labrador;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Message from H. C. to postpone Mr. Hastings' Trial:
A Message was brought from the House of Commons, by Mr. Hobart and others:
"That they were directed by the Commons to acquaint their Lordships, that from Circumstances which make it inconvenient to the Commons to proceed in the Trial of Warren Hastings Esquire this Day, the Commons do desire their Lordships will be pleased to postpone the said Trial to a future Day."
And the said Message being read by the Clerk:
It was moved, "That the Order of the Day for further Proceeding in the said Trial be now read."
And being read accordingly:
Ordered, That the said Order be discharged.
Trial deferred.
Ordered, That the Trial of Warren Hastings Esquire appointed for this Day, be adjourned to Tuesday next; and that this House will on that Day proceed to the Trial of the said Warren Hastings, at Ten of the Clock in the Morning, in Westminster Hall.
And the Commons being called in, were acquainted, "That this House will proceed further in the Trial of Warren Hastings Esquire, on Tuesday next, at Ten of the Clock in the Forenoon, in Westminster Hall."
Wanstead Church Bill.
A Message was brought from the House of Commons, by Sir James Tylney Long and others:
With a Bill, intituled, "An Act for amending an Act of the Twenty-seventh Year of His present Majesty, for rebuilding the Church of the Parish of Saint Mary Wanstede, alias Wanstead, in the County of Essex;" to which they desire the Concurrence of this House.
Urchfont, &c. Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Addington and others:
With a Bill, intituled, "An Act for dividing, allotting, and laying in Severalty, the Open and Common Fields, Common Meadows, Common Pastures, Open Downs, and other Commonable Lands, within the Parishes of Urchfont and Beeching Stoke, in the County of Wilts;" to which they desire the Concurrence of this House.
Ely Drainage Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
With a Bill, intituled, "An Act to amend and render effectual an Act of the Thirty-first Year of King George the Second, for draining and preserving certain Fen Lands and Low Grounds in the Isle of Ely, and County of Cambridge, between the Cam, otherwise Grant, Ouse, and Milden Hall Rivers, and bounded on the South East by the Hard Lands of Isleham, Fordham, Soham, and Wicken; and for empowering the Governor, Bailiffs, and Commonalty of the Company of Conservators of the Great Level of the Fens called Bedford Level, to sell certain Lands within the said Limits, commonly called Invested Lands; and for laying certain Rates on Vessels navigated upon the said Rivers, towards supporting the Banks thereof;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
E. Winchelsea's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for establishing, conrming, and carrying into Execution certain Articles of Agreement between the Reverend John Lowth, Vicar of the Parish of Burley on the Hill, in the County of Rutland, and the Right Honourable George Earl of Winchelsea and Nottingham, and thereby settling all Disputes and Differences which have arisen in consequence of a Claim of Tythes made by the said Vicar."
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 15th Day 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.
Sir J. Long's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates devised by the Will of John Earl Tylney in London, Middlesex, and Essex, in Trustees to be sold; and for laying out the Money thence arising in other Estates, to be settled in lieu thereof to the same Uses."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Monday the 18th Day of May next, at the usual Time and Place; and to adjourn as they please.
Webb's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for effectuating the Sale of the Freehold Estate of Nathaniel Webb Esquire, and Harriet Ellen his Wife, an Infant, at Boreham, in the County of Essex."
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 the 19th Day of May next, at the usual Time and Place; and to adjourn as they please.
Northey's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of William Northey Esquire, in the County of Wilts, in Trustees to be sold, and for laying out the Purchase Money in other Estates, to be settled to the same Uses."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday the 20th Day of May next, at the usual Time and Place; and to adjourn as they please.
Lloyd's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Reverend William Lloyd to complete his Contract with Jacob Bosanquet Esquire, for Sale of Part of his settled Estates, and vesting the remaining Part of the same Estates in Trustees for Sale."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Thursday the 21st Day of May next, at the usual Time and Place; and to adjourn as they please.
Dickenson's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for carrying into Execution an Agreement for Sale of the Brewhouse and Hereditaments in and near Golden Lane, London, lately belonging to Joseph Dickenson Esquire, deceased; and for applying Two Thirds of the Money, agreed to be paid for the Purchase of the Freehold Part of the said Brewhouse and Hereditaments, in the Purchase of Freehold Hereditaments, to to be settled in Manner in the said Act mentioned; and for such other Purposes as in the said Act mentioned."
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 Friday the 22d Day of May next, at the usual Time and Place; and to adjourn as they please.
Stokenchurch Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Eighteenth Year of the Reign of His present Majesty, for repairing and widening the Road from Stokenchurch, in the County of Oxford, to Wheatley Bridge, and from the said Bridge to Enslow Bridge, and from Wheatley Bridge to the Mile-way leading towards Magdalen Bridge, and from the Mile-way leading from Saint Giles's Church, near the City of Oxford, by Begbroke, to New Woodstock, in the said County; and for making, amending, compleating, and keeping in Repair, a Road from the Bottom of Cheyney Lane up Headington Hill, to join the present Enslow Branch of Road, in the Parish of Holton, in the said County of Oxford, to be used instead of the present Road up Cheyney Lane and Shotover Hill, to the West End of the Town of Wheatley; and for amending and widening the Road from the West End of the said Town to the said Enslow Branch of Road."
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.
Mechen-Iscoed, &c. Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Common Fields and Waste Lands within the Manors of Mechen-Iscoed and Plas y Dinas, in the County of Montgomery."
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.
Sir W. Forbes et al. against Sir J. Macpherson.
The House being informed, "That Sir John Macpherson Baronet, Respondent to the Appeal of Sir William Forbes Baronet and others, 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 Davidson 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.
Whatton Enclosure Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Grounds, in the Parish of Whatton, in the County of Nottingham," stands committed, be revived, and meet on Tuesday next.
Northumberland Fishery Bill.
Ordered, That the Bill, intituled, "An Act to incorporate certain Persons therein named, and their Successors, by the Name and Style of the Northumberland Fishery Society, and to enable them when incorporated, to subscribe a Capital Joint Stock for more effectually supporting, conducting, and increasing such Fishery," be read a Second Time on Monday the 11th Day of May next.
The House was adjourned during Pleasure.
The House was resumed.
Westminster Election, M. Stafford requests Leave to attend Committee of H. C. respecting:
The Marquis of Stafford requested of the House, "That he might be permitted to go to a Committee of the House of Commons, appointed to try the Merits of the Westminster Election, to inform them of any Circumstances that may have come to his Knowledge, touching the Merits of the said Election."
Whereupon,
Leave given.
Ordered, That the Marquis of Stafford (upon his own Request) be permitted to go to the Committee of the House of Commons, appointed to try the Merits of the Westminster Election, to inform them of any Circumstances that may have come to his Knowledge, touching the Merits of the said Election, if he thinks fit.
Reed against Lewis et al. in Error.
Whereas Nehemiah Reed Esquire, Plaintiff in a Writ of Error brought into this House, with a Transcript of the Record of the Court of King's Bench, wherein Judgement is entered for Dominique Lewis and others, Defendants in the said Writ, has assigned Errors, and alledging Diminution, has prayed that His Majesty's Writ of Certiorari may be awarded on his Behalf:
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Writ of Certiorari be forthwith issued out (on the Behalf of the said Plaintiff) and directed in such usual Manner, as in the like Cases is accustomed, for the more perfect certifying of the said Record into this House within Ten Days next ensuing the Date of this Order.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem Maii jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.