House of Lords Journal Volume 38: February 1790 11-20

February 1790 11-20

DIE Jovis, 11^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

De la Motte against Jardine.

The Answer of Captain William Jardine of Applegirth, to the Appeal of Mrs. Magdalene Barbarie de la Motte, was this Day brought in.

The King against Amery, is Error.

The Order of the Day being read for the further Hearing of Counsel to argue the Errors assigned upon the Writ of Error, wherein the King is Plaintiff, and Thomas Amery Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the Second Counsel for the Plaintiff having been fully heard:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to Monday next, and that the Judges do then attend; and that the rest of the Causes be removed in Course.

Corn Indemnity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for indemnifying all Persons who have been concerned in advising or carrying into Execution certain Orders of Council respecting the Importation and Exportation of Corn and Grain; and also certain Orders issued by the Governor General of His Majesty's Colonies in America, and for preventing Suits in consequence of the same; and for making further Provisions relative thereto."

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.

Schusler's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Gottlob Gotthelff Schusler."

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.

De La Motte against Jardine.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Mrs. Magdalene Barbarie de la Motte is Appellant, and Captain William Jardine of Applegirth is Respondent:"

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

Spottiswoode to enter into Recognizance on Davison's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street Gentleman, may be permitted to enter into a Recognizance for John Davidson, 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.

Adjourn.

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

DIE Lunæ, 15^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mackreth against Pitt et al.

The Answer of William Morton Pitt Esquire and others to the Appeal of Robert Mackreth Esquire, was this Day brought in.

The King against Amery, in Error.

The Order of the Day being read for the further hearing of Counsel to argue the Errors assigned upon the Writ of Error, wherein the King is Plaintiff and Thomas Amery Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the First Counsel for the Defendant having been heard:

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; and that the rest of the Causes be removed in Course.

Corn Indemnity Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for indemnifying all Persons who have been concerned in advising or carrying into Execution certain Orders of Council, respecting the Importation and Exportation of Corn and Grain, and also certain Orders issued by the Governor General of His Majesty's Colonies in America; and for preventing Suits in consequence of the same, and for making further Provisions relative thereto."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Rybot's Divorce Bill.

Moved, "That the Order made on the 2d Day of this Instant February, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Francis Thomas Rybot, with Alicia Fowler his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," on Wednesday next, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Bill be read a Second Time on Monday next; and the Lords summoned.

Koops takes the Oath, in order to his Naturalization.

Matthias Koops took the Oaths appointed, in order to his Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Matthias Koops."

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 Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Mackreth against Fox et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Robert Mackreth Esquire is Appellant, and James Fox and William Morton Pitt Esquire and others are Respondents:"

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

Manby, Petition referred to Judges.

Upon reading the Petition of John Manby of the Parish of South Weald, in the County of Essex, Esquire, (the eldest Son and Heir at Law of his late Father Thomas Manby Esquire, deceased, by Ann his late Wife, and now Widow, formerly Ann Colegrave, Spinster, which said Thomas Manby was the only younger Brother and Heir at Law of Francis Manby, heretofore of the Parish of South Weald, and County of Essex aforesaid, Esquire, deceased), and Francis Manby Gentleman, the only younger Son of the said Thomas Manby, by the said Ann his late Wife, and now Widow, on behalf of himself and his only Son and Heir Apparent, now an Infant, under the Age of Four Years, 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. Baron Perryn and Mr. Baron Thomson, 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.

Seton et al. against Scott:

Upon reading the Petition and Appeal of Archibald Seton Younger, of Touch, and the Honourable Henry Erskine, Dean of Faculty of Advocates, Sir William Forbes, of Pitsligo, Baronet, John Stewart Younger, of Allanbank, and David Erskine Esquire, Writer to the Signet, his Commissioners; complaining of Two Interlocutors of the Lords of Session in Scotland of the 23d of July 1789, and 4th of February 1790; and praying, "That the same may be reversed, 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 Walter Scott, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Walter Scott may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 15th Day of March next; and Service of this Order upon the said Respondent, or upon his 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 Archibald Seton and others, 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.

Money's Petition referred to Judges.

Upon reading the Petition of William Money, of Whetham, in the County of Wilts, Esquire, (only Son and Heir, and Devisee for Life named in the last Will and Testament of James Money, late of Pisford, in the County of Northampton, Esquire, deceased), on behalf of himself and his Infant Children, 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 Ashhurst 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.

Pointon Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Cow Pasture and Common Fen, in the Parish of Pointon, in the County of Lincoln;" to which they desire the Concurrence of this House.

Old Buckenham Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Commons, Fens, and Waste Lands, within the Parish of Old Buckenham, in the County of Norfolk;" to which they desire the Concurrence of this House.

Bierbaum's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing Julius George Bierbaum;" to which they desire the Concurrence of this House.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and ninety;" to which they desire the Concurrence of this House.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety;" to which they desire the Concurrence of this House.

The Two last mentioned Bills were, severally, read the First Time.

Adjourn.

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

DIE Martis, 16^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Corn Indemnity Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for indemnifying all Persons who have been concerned in advising or carrying into Execution certain Orders of Council respecting the Importation and Exportation of Corn and Grain, and also certain Orders issued by the Governor General of His Majesty's Colonies in America, and for preventing Suits in consequence of the same, and for making further Provisions relative thereto."

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. Graves and Mr. Eames:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and ninety."

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 Thursday next.

Clerk Assistant's Attendance dispensed with.

Ordered, That the Attendance of Henry Cowper Esquire, the Clerk Assistant of this House, be dispensed with for this Day.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety."

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 Thursday next.

Pointon Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Cow Pasture and Common Fen, in the Parish of Pointon, in the County of Lincoln."

Old Buckenham Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons, Fens, and Waste Lands, within the Parish of Old Buckenham, in the County of Norfolk."

Bierbaums' Naturalization Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Julius George Bierbaum."

Marine Mutiny Bill.

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

With a Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore;" to which they desire the Concurrence of this House.

Linton Enclosure Bill.

A Message was brought from the House of Commons, by the Lord George Cavendish and others:

With a Bill, intituled, "An Act for dividing and enclosing several Open Fields, and a Stinted Pasture called Linton Pasture, within the Township of Linton, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Burton Leonard 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 several Open Fields in the Township of Burton Leonard, in the County of York;" to which they desire the Concurrence of this House.

Harewood Enclosure Bill.

A Message was brought from the House of Commons, by Sir James Pennyman and others:

With a Bill, intituled, "An Act for dividing and enclosing the several Moors, Commons, or Waste Grounds, called Dunkeswick Common, Huby Common, Wescoe-Hill Common, and Weeton Green, within the Manor and Parish of Harewood, in the County of York;" to which they desire the Concurrence of this House.

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

National Debt, Account of Reduction, delivered.

The House being informed, "That Mr. Farhill, Secretary to the Commissioners appointed for the Reduction of the National Debt, attended:"

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

"The Accompt of the Commissioners for the Reduction of the National Debt."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Schusler's Naturalization Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Gottlob Gotthelff Schusler," 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."

Koops' Naturalization Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Matthias Koops," was committed.

Ordered, That the said Bill be engrossed.

Hasting's 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 in the last Session of Parliament.

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."

Then Mr. Anstruther proceeded to open further the 6th Article of Charge.

And having been fully heard 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, 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.

Adjourn.

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

DIE Jovis, 18^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Riddell against Grosett.

The Answer of James Grosett, late of Moredon, in the County of Surrey, Esquire, and James Grosett Junior, his eldest Son, to the Appeal of Sir James Riddell, of Ardnamurchan and Sunart Baronet, was this Day brought in.

Marine Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore.

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.

Pointon Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Cow Pasture and Common Fen, in the Parish of Pointon, in the County of Lincoln."

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.

Old Buckenham Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons, Fens, and Waste Lands, within the Parish of Old Buckenham, in the County of Norfolk."

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.

Linton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields and a stinted Pasture called Linton Pasture, within the Township of Linton, in the West Riding of the County of York."

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.

Burton Leonard Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields in the Township of Burton Leonard, in the County of York."

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.

Harewood Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Moors, Commons, or Waste Grounds, called Dunkeswick Common, Huby Common, Wescoe-hill Common, and Weeton Green, within the Manor and Parish of Harewood, in the County of York."

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.

Bierbaum's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Julius George Bierbaum."

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.

Schusler's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Gottlob Gotthelff Schusler."

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. Graves and Mr. Eames:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Koops' Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Matthias Koops."

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 the former Messengers:

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

Slave Trade, Papers respecting, delivered.

The Duke of Leeds (by His Majesty's Command) laid before the House,

No. 1. "Report of a Committee of the General Assembly of the Island of Barbadoes upon the several Heads of Enquiry, &c. relative to the Slave Trade, received from John Brathwaite Esquire, Agent for the said Island."

2. "Letter from Mr. Burges, enclosing Translation of a Portuguese Law of the Year 1648, relative to the Treatment of Slaves, &c. received from the Honourable Robert Walpole, His Majesty's Envoy Extraordinary and Minister Plenipotentiary to Her most faithful Majesty; and also enclosing, Extract of a Letter from George Baldwin Esquire, His Majesty's Consul General in Egypt, transmitting a Memorial on the Subject of the Slave Trade carried on there."

3. "Translation of the above mentioned Portuguese Law."

4. "Extract of said Letter from Mr. Baldwin, enclosing a Memorial on the Subject of the Slave Trade."

5. "Copy of the said Memorial."

Together with a List thereof; which being read by the Clerk:

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

Ordered, That the said Papers be printed.

Charge against Doe:

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

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

Sir J. Riddell against Grosett.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Sir James Riddell Baronet is Appellant, and James Grosett Esquire and James Grosett Junior his Eldest Son, are Respondents:"

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

Money, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of William Money of Whetham in the County of Wilts Esquire, on Behalf of himself and his Infant Children; 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 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Freehold Estates devised by the Will of James Money Esquire deceased, in Trustees to be sold; and for laying out the Money arising thereby in the Purchase of other Hereditaments, to be settled to the same Uses as the Estates to be sold now stand limited to."

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and ninety."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty by a Land Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Rybot's Divorce Bill, Petition respecting Notice to Mrs. Rybot.

A Petition of Francis Thomas Rybot, of Cheapside, London, was presented and read; setting forth, "That on Tuesday the 2d Day of this Instant February, on the first Reading of the Bill, intituled, "An Act to dissolve the Marriage of Francis Thomas Rybot, with Alicia Fowler his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," it was ordered, that the said Bill should be read a Second Time on Wednesday the 17th Day of this Instant February: That the Petitioner, immediately after the making of their Lordships said Order, caused diligent Search and Enquiry to be made after the said Alicia Fowler, and the Place of her Abode and Residence, and having discovered, from different Informations which the Petitioner, his Solicitor, and Agents received from divers Persons, that the said Alicia Fowler had been resident in Lodgings in different Places; the Petitioner's Agent went to the said several Places with a Copy of the said Bill, and their Lordships said Order of the 2d of this Instant February, for the Purpose of serving the same on the said Alicia Fowler: That the Petitioner's Agent has used every Endeavour in his Power to find out the said Alicia Fowler, and her Place of Abode, to serve her with a Copy of the said Bill, and their Lordships said Order of the 2d Instant, but has not been able to discover the same;" and therefore praying their Lordships, "That Service of the Copy of the said Bill, and of the said Order, on Mr. Mark Morley, the Proctor for the said Alicia Fowler, may be deemed good Service on her."

And thereupon an Affidavit of Thomas Augustus Ridlington, Clerk to George Rowley, of Staple Inn, London, Gentleman, Agent for Francis Thomas Rybot, of the Truth, of the Allegations of the said Petition, being read:

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 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."

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

Then 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.

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

DIE Veneris, 19^o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hills against Sewell et al.

The Answer of William Luther Sewell, John Kipling, Samuel Reynardson, Christian Zincke, Nehemiah Winter, and Walden Henry Hanmer Esquires, the Six Clerks of His Majesty's High Court of Chancery, to the Appeal of Joseph Hill, one of the sworn Clerks of the said Court, was this Day brought in.

Grosset against Sir J. Riddell.

As was also, the Answer of Sir James Riddell, of Ardnamurchan Baronet, to the Cross Appeal of James Grosset, late of Moreden, in the County of Surrey.

The King against Amery, in Error.

The Order of the Day being read for the further Hearing of Counsel to argue the Errors assigned upon the Writ of Error, wherein the King is Plaintiff, and Thomas Amery is Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the Second Counsel for the Defendant having been in Part heard:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Counsel be called in at Twelve o'Clock; and that the Judges do then attend; and that the Cause which stands for Monday next, be put off to Wednesday next; and that the rest of the Causes be removed in Course.

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and ninety."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety."

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. Graves and Mr. Eames:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Marine Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Rybot's Divorce Bill, Mrs. Rybot's Petition respecting:

A Petition of Alicia Rybot was presented and read; setting forth, "That the Petitioner has this Day been served with an Order of this House for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Francis Thomas Rybot, with Alicia Fowler his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and also with a Copy of the said Bill: That a material Witness for the Petitioner (as she is advised) against the said Bill passing into a Law lives at the Distance of Seventy Miles, and is also old and infirm;" and therefore praying their Lordships, "That the said Second Reading of the said Bill may be enlarged until Monday Se'ennight."

And thereupon, Mr. White, the Agent for the Bill, was called in, and being examined whether he had any Objection to the Prayer of the said Petition; at first objected thereto, but afterwards waiving his Objection to the same;

And being withdrawn:

Second Reading deferred.

Ordered, That the Second Reading of the said Bill, which stands appointed for Monday next, be put off to Monday the 1st Day of March next; and that the Lords be summoned.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Pœtsch et al. Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing George Pœtsch, John Christian Hartwig Garbers, and John Henry Pasteur;" to which they desire the Concurrence of this House.

Dibden Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and allotting the Intermixt or Commonable Lands and Grounds, and Common Pastures or Waste Lands, within the Manor and Parish of Dibden, in the County of Southampton;" to which they desire the Concurrence of this House.

Liston Road Bill.

A Message was brought from the House of Commons, by the Lord Frederick Campbell and others:

With a Bill, intituled, "An Act to empower William Henry Campbell Esquire, to shut up a Road and Footpaths, in the Parish of Liston, in the County of Essex, and to oblige him to make and keep in Repair for the future another Road and Foot-path in lieu thereof;" to which they desire the Concurrence of this House.

Bp. Bristol et al. Petition referred to Judges.

Upon reading the Petition of the Right Reverend Christopher Lord Bishop of Bristol, the very Reverend John Fountayne, Doctor in Divinity, Dean of York, the Right Honourable Frederick Montagu, John Beckett Esquire, and the Right Honourable Alexander Lord Loughborough, 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 Ashhurst, 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.

Hill against Sewell et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Joseph Hill Esquire is Appellant, and William Luther Sewell Esquire and others are Respondents:"

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

Adjourn.

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