House of Lords Journal Volume 38: December 1787

December 1787

DIE Mercurii, 5^o Decembris 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Spottiswoode to enter into Recognizance on Whitefoord's Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for Miss Jean Whitefoord, on Account of her Appeal depending in this House, she residing in Scotland:"

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

Troward to enter into Recognizance on Williams's Appeal.

The House being moved, "That Richard Troward of Norfolk Street in the Strand, Gentleman, may be permitted to enter into a Recognizance for Richard Williams and others, on Account of their Appeal depending in this House, they residing in the Country:"

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

Carr against Henton et al.

Upon reading the Petition of the Reverend Wills Carr Clerk, Appellant in a Cause depending in this House, to which George Henton and others are Respondents; setting forth, "That this Cause stands appointed for Hearing on Wednesday next; that the Matter in Dispute being at present under a Compromise;" the Petitioner therefore humbly prays their Lordships, "That this Cause may be adjourned until after all the Causes already appointed, the Agent for the said Respondents having signed the said Petition as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed, as desired.

Gordon against Gordon et al.

A Petition of George Alexander Gordon, Appellant in a Cause depending in this House, and of Janet Gordon and others, Respondents thereto, which stands appointed for Hearing, was presented and read; setting forth, "That both Parties in this Cause are desirous that the same be put off to the next Session of Parliament;" and therefore praying their Lordships, "To put off the Hearing of this Cause till the next Session of Parliament."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

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

Bruce against Dundas.

A Petition of James Bruce Esquire, Appellant in a Cause depending in this House, to which Thomas Dundas Esquire is Respondent, which stands appointed for Hearing, was presented and read; setting forth, "That the Petitioner brought his Appeal from certain Interlocutors of the Court of Session in Scotland, in the Year 1785, and there has since been a Treaty for compromising all Differences between the Appellant and Respondent; but the Absence of the Respondent from Great Britain has prevented the Completion of the same;" and therefore praying their Lordships, "That the Hearing of this Cause may be put off to the next Session of Parliament, the Agent for the said Respondent having signed the said Petition as consenting thereto."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

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

Fraser against His Majesty's Advocate.

A Petition of Archibald Fraser Esquire of Lovat, Appellant in a Cause depending in this House, to which His Majesty's Advocate for Scotland is Respondent, which stands appointed for Hearing, was presented and read; setting forth, "That the Matters in issue by the said Appeal being now in a Train of Negotiation for Settlement;" the Petitioner humbly prays, "That the Hearing of this Cause may be postponed till next Session of Parliament."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

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

Walker et al. against Fletcher.

A Petition of William Walker and others, Appellants in a Cause depending in this House, to which Mrs. Jean Fletcher, et e contra, 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 no legal Representative of the said Respondent having yet appeared, the Petitioner is desirous that this Cause should be adjourned sine Die, until such Time as he can discover the Representative of the Respondent, when he will apply to their Lordships for an Order to revive the Appeal against such Representative;" and therefore praying for the above Reasons, "That the Hearing of this Cause be adjourned sine Die."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

Ordered, That the Hearing of the said Cause be adjourned sine Die, until such Time as the Petitioners can discover the legal Representative of the Respondent, as desired.

Sir J. Stewart et al. against D. Atholl.

Upon reading the Petition of John Duke of Atholl, Respondent in a Cause depending in this House, to which Sir John Stewart and others are Appellants; setting forth, "That the Lord Advocate of Scotland is the Petitioner's leading Counsel in this Cause, and was of Counsel for him in the Proceedings before the Court of Session; that this Cause stood for Hearing at the End of last Session, when the Petitioner attended with his Counsel, and was then ready to have proceeded, but their Lordships stopped the Hearing of Causes before this could come on; that the Lord Advocate is at this Time detained in Scotland, and it would be of great Prejudice to the Petitioner to proceed with the Hearing of this Cause till his said Counsel can attend their Lordships Bar;" and therefore praying their Lordships, "To delay the Hearing of this Cause till the first Cause Day after the Recess at Christmas, the Agent for the said Appellant having signed the said Petition as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed.

Bruce against Ross:

Upon reading the Petition and Appeal of Edward Bruce, One of the Clerks to His Majesty's Signet in Scotland; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 28th of February 1786; and also of Two Interlocutors of the Lords of Session there, of the 26th of January and 14th of February 1787; 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, shall seem meet; and that Walter Ross, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Walter Ross may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the Second Day of January next; and Service of this Order upon the said Respondent, or upon any of the known Counsel or Agents of the said Respondent 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 Edward Bruce, 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.

Delvalle et al. against Grove et al.

A Petition of Rebecca Delvalle and others, Creditors of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, Appellants in a Cause depending in this House, to which Martha Grove and others are Respondents, which stands appointed for Hearing, was presented and read; setting forth, "That since presenting this Appeal there have been some Proceedings had, which will necessarily fall to be taken Notice of and stated, but which are not yet brought to a Conclusion;" and therefore praying their Lordships, "To put off the Hearing of this Cause to the Second Cause Day after the Recess at Christmas, the Agent for the said Respondents having signed the said Petition as consenting thereto."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed.

Mitchell and Robertson against Officers of State in Scotland et al.:

Upon reading the Petition and Appeal of the Reverend Mr. William Mitchell Minister of the Gospel in the United Parishes of Tingwall, Whiteness, and Wiesdale, in the Presbytery of Zetland, and of William Robertson Advocate Procurator for the Church of Scotland; complaining of Two Interlocutors of the Commissioners for Plantation of Kirks and Valuation of Tiends in Scotland, of the 21st February and 4th of July 1787; 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 Officers of State for the Interest of the Crown in Scotland and others may be required to answer the said Appeal:"

It is Ordered, That the said Officers of State in Scotland and others 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 Second Day of January next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the said Court of Commissioners for Plantation of Kirks and Valuation of Tiends 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 Reverend Mr. William Mitchell and William Robertson Advocate, 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.

Porterfield against E. Glencairn et al.

The House being moved, "That the Cause, wherein Boyd Porterfield Esquire is Appellant, and James Earl of Glencairn and others are Respondents, be heard on Monday next:"

It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Monday next.

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; (videlicet)

No. 1. "An Account of prohibited East India Goods imported into St. Helen's, and Private Trade Warehouse in the Port of London, from Michaelmas 1786 to Michaelmas 1787, what delivered out for Exportation during that Period, and what remained in the said Warehouse at Michaelmas 1787."

2. "An Account of prohibited East India Goods imported into Leadenhall Warehouse in the Port of London, from Michaelmas 1786 to Michaelmas 1787; also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1787."

3. "An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1786, what have been since brought in, what exported, as also what remained at Michaelmas 1787."

4. "An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports at Michaelmas 1786, what have been since brought in, what exported, as also what remained at Michaelmas 1787."

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 1786, in order to be dyed, glazed, and refreshed; what have been since returned, and what remained out at Michaelmas 1787."

6. "An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1786 to Michaelmas 1787."

7. "An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports, from Michaelmas 1786 to Michaelmas 1787."

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 Oil or Whale Fins each Ship has imported in the Year 1787."

And then they withdrew.

And the Titles thereof being read by the Clerk:

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

Wardlaw et al. against Wilson et al.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Thomas Wardlaw and others are Appellants, and John Wilson 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.

D. Bedford takes his Seat:

This Day Francis Duke of Bedford sat first in Parliament, after the Death of his Grandfather John Duke of Bedford; his Grace 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 Grace's Pedigree, pursuant to the Standing Order.

Adjourn.

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

DIE Lunæ, 10^o Decembris 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bank of England against Aitchesons.

The Answer of Elizabeth, Isabella, and Bathia Aitcheson, to the Appeal of the Governor and Company of the Bank of England, was this Day brought in.

Porterfield against E. Glencairn et al.:

Upon reading the Petition of Boyd Porterfield Esquire, Appellant, in a Cause depending in this House, and of James Earl of Glencairn and others Respondents thereto, which stands appointed for hearing this Day; setting forth, "That the Parties in this Cause being in Hopes to settle the Matter in Dispute, without giving their Lordships the Trouble of determining the same;" the Petitioners humbly pray their Lordships, "That they may be at Liberty to withdraw the said Appeal:"

Appeal withdrawn.

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

Complaint against High Constable touching the Non-Attendance of Constables.

Complaint being made to the House by the Yeoman Usher of the Black Rod, against the High Constable of Westminster, touching the Non-Attendance of the Constables to prevent Stoppages in the Streets, pursuant to the Standing Order of the House:

He was called in, and being interrogated by the Lord Chancellor as to the Matter of the said Complaint; he was ordered to signify to the Constables, "That if they did not in future attend their Duty on the said House, agreeable to the said Standing Order, the House would proceed to punish them in an exemplary Manner."

He was directed to withdraw.

Bank of England against Pulteney.

A Petition of the Governor and Company of the Bank of England, Appellants in a Cause depending in this House, to which William Pulteney Esquire is Respondent, which stands appointed for Hearing, was presented and read; setting forth, "That the Petitioners observe, that Elizabeth, Isabella, and Bathia Aitcheson, the Representatives of John Aitcheson of Airdry, were Parties in the Cause below, but are omitted to be made Parties in the Appeal;" and therefore praying their Lordships, "That they may be at Liberty to amend their Appeal by adding the said Elizabeth, Isabella and Bathia Aitcheson as Respondents, they amending the Respondent's Copy."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:

Ordered, That the Petitioners be at Liberty to amend their said Appeal, by adding the said Elizabeth, Isabella and Bathia, Aitcheson as Respondents thereto, as desired, they amending the Respondent's Copy.

Ogilvie against Gordon:

Upon reading the Petition and Appeal of Mrs. Ann Ogilvie, Wife of Robert Barclay, Merchant in Aberdeen, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 26th of January and 9th of February 1787; and also of an Interlocutor of the Lords of Session there, of the 17th of November 1787; 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 Miss Mary Gordon may be required to answer the said Appeal:"

It is Ordered, That the said Miss Mary Gordon may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing, on or before Monday the 7th Day of January next; and Service of this Order upon the said Respondent, or upon any of her 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 Mrs. Ann Ogilvie, on account of her Appeal depending in this House, she residing in Scotland:"

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

Templer's Petition referred to Judges.

Upon reading the Petition of James Templer of Stover Lodge in the County of Devon Esquire; 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 Ashurst, 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 Opinions 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.

E. Macclesfield and Reade's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Thomas Earl of Macclesfield and Thomas Reade Esquire, on Behalf of himself and of Elizabeth Reade an Infant, his only Child; 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 Hotham and Mr. Baron Perryn, 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.

V. Falmouth et al. Petitio referred to Judges.

Upon reading the Petition of the Right Honourable George Evelyn Lord Viscount Falmouth, on the Behalf of himself and of his Infant Son the Honourable Edward Boscawen, and of George Boscawen, and William Augustus Spencer Boscawen Esquires, and the Honourable and Reverend Nicholas Boscawen Doctor in Divinity, Nicholas Boscawen the Younger, and Sir Francis Bassett 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. Baron Hotham and Mr. Baron Perryn 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.

Judges Reports, Time limited for receiving.

Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this House for private Bills, after Monday the 3d Day of March next.

Appeals, Time limited for presenting, extended.

It being proposed to adjourn beyond the Time limited by their Lordships Standing Order for presenting Appeals, being Fourteen Days from the First Day of every Session:

It is Ordered, That all such Appeals as shall be left at the Parliament Office with the Clerk within the Time limited by the said Standing Order, during the Adjournment of the House, be read the next Sitting Day of the House.

Commons Replication to Hastings's Answer.

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

With the Replication of the Commons to the Answer of Warren Hastings Esquire:

Which was read, and is as follows; (videlicet)

"The Commons have considered the Answer of Warren Hastings Esquire, to the Articles of Impeachment exhibited against him by the Knights, Citizens, and Burgesses in Parliament assembled, in the Names of themselves and of all the Commons of Great Britain, and observe, That the said Warren Hastings hath endeavoured to cover the Crimes laid to his Charge by evasive Insinuations and Misrepresentation of Facts; that the said Answer does give a Gloss and Colouring utterly false and untrue to the various criminal Matters contained in the said Articles; that the said Warren Hastings did in Fact commit the numerous Acts of Extortion, Bribery, Peculation, Cruelty, Breach of Faith, Violation of the Orders of the lawful Authority to which he was subject, and of the various other Offences and Crimes of which he stands accused: And the Commons, in full Confidence of the Truth and Justice of their Accusation, and of the Necessity of bringing the said Warren Hastings to a speedy and exemplary Punishment, and not doubting that your Lordships will use all becoming Diligence to do Justice to the Proceedings of the Commons and to vindicate the Honour of the Nation, do aver their Charge against the said Warren Hastings for High Crimes and Misdemeanors to be true; and that the said Warren Hastings is guilty in such Manner as he stands impeached; and that the Commons will be ready to prove their Charges against him at such convenient Time and Place as shall be appointed for that Purpose."

Then the House being moved to appoint a Time for the Trial of the said Warren Hastings at the Bar of this House:

Trial appointed:

Ordered by the Lords Spiritual and Temporal in Parliament assembled, That Warren Hastings Esquire shall be tried at the Bar of this House on Wednesday the 13th Day of February next at Eleven o'Clock in the Forenoon.

Message to H. C. to acquaint them therewith.

A Message was sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

To acquaint them, That this House has appointed Wednesday the 13th Day of February next, at Eleven o'Clock in the Forenoon for the Trial of Warren Hastings Esquire, for the High Crimes and Misdemeanors whereof he stands impeached, at the Bar of this House; and that this House will order Conveniencies to be prepared there for the Managers of the said Impeachment.

Adjourn.

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

DIE Mercurii, 12^o Decembris 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ogilvie against Gordon.

The Answer of Mary Gordon Daughter of John Gordon of Bathlaw Esquire, deceased, to the Appeal of Mrs. Ann Ogilvie Wife of Robert Barclay Merchant in Aberdeen, was this Day brought in.

Bank of England against Pulteney et al.

After hearing Counsel in Part in the Cause, wherein the Governor and Company of the Bank of England are Appellants, and William Pulteney Esquire and others are Respondents:

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

East Indies, List of Officers in Establishments 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 all 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.

Customs, Excise, &c. Accounts of Produce 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,

"An Account of the total Produce of the Duties of Customs, Excise, Stamps, and Incidents respectively, for One Year, ended the 10th Day of October 1787; distinguishing (as far as possible) in each Branch the Produce on every separate Article the Duties on which have amounted to £.1000 or more in the Four Quarters preceding the Date hereof."

"An Account of the total Produce of the Duties of the Customs of England, distinguishing (as far as possible) the gross and nett Produce upon every separate Article, the Duty of which in Great Britain has amounted to £.1000 or more, in the Four Quarters preceding the 10th of October 1787."

"An Account of the total Produce of the Duties of the Customs of Scotland, distinguishing (as far as possible) the gross and nett Produce of every separate Article, the Duty of which has amounted to £.1000 or upwards in Great Britain, in the Four Quarters preceding the 10th October 1787."

"An Account of the total nett Produce (paid into the Exchequer) of the Duties of Excise, distinguishing (as far as possible) the Produce on every separate Article, the Duties on which shall have amounted to £.1000 or more, in the Four Quarters next preceding the 10th of October 1787."

"An Account of the nett Produce of the several Stamp Duties paid into the Exchequer, from October 10th 1786, to October 10th 1787."

"An Account of the nett Produce of the Duties under the Head of Incidents, respectively distinguishing (as far as possible) in each Branch the Produce on every separate Article, the Duties on which shall have amounted to One thousand Pounds or more, in the Four Quarters next preceding the 10th of October 1787."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Hardie against Ramsay.

Upon reading the Petition and Appeal of James Hardie Writer in Edinburgh, complaining of an Interlocutor of the Sheriff Depute in Edinburgh, of the 29th of June 1785; also of an Interlocutor of the Lord Ordinary in Scotland, of the 5th of August 1786; and also of Three Interlocutors of the Lords of Session there, of the 13th and 23d of June and 24th of July 1787; 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 Robert Ramsay Merchant in Leith may be required to answer the said Appeal:"

It is Ordered, That the said Robert Ramsay may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 9th Day of January 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.

Gordon against Ogilvie and Barclay.

Upon reading the Petition and Cross Appeal of Mary Gordon Daughter of the deceased Charles Gordon of Bathlaw Esquire, complaining of Two Interlocutors of the Commissary of Aberdeen, of the 23d of February and 9th of March 1786; also of an Interlocutor of the Lord Ordinary in Scotland, of the 26th of January 1787; and also of Two Interlocutors of the Lords of Session there, of the 5th and 18th of July 1787; 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 Mrs. Ann Ogilvie Wise of Robert Barclay Merchant in Aberdeen, and the said Robert Barclay for his Interest (the Appellants in the original Appeal) may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Ann Ogilvie and the said Robert Barclay 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 9th Day of January next; and Service of this Order upon any of the Counsel or Agents of the said Respondents in the Court of Session in Scotland, shall be deemed good Service.

Pensions, Lists of, delivered.

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

He was called in, and delivered at the Bar,

"List of Pensions, together with the Names of the Persons to whom the same are granted, since the 6th Day of February 1786 (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 Debts 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, "A List of Pensions, together with the Names of the Persons to whom the same are granted, since the 6th February 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.

Whale Fishery, Account of Ships from Scotland employed in, delivered.

Mr. Alcock from the Commissioners of the Customs in Scotland, also 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 of October 1786, to the 10th of October 1787."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Message from H. C. that they will be present at Hastings' Trial as a Committee of the Whole House.

A Message was brought from the House of Commons, by Mr. Burke and others, as follows; (videlicet)

My Lords,

"I am commanded by the Commons to inform your Lordships, That the Commons have resolved to be present at the Trial of the Impeachment against Warren Hastings Esquire, as a Committee of the whole House; and to desire of your Lordships, that a convenient Accommodation may be prepared accordingly."

Address for a Place to be prepared in Westminster Hall:

Ordered, That an humble Address be presented to His Majesty, humbly to desire that His Majesty will be pleased to cause Directions to be given to the proper Officers for preparing a Place in Westminster Hall for the Trial of Warren Hastings Esquire, who now stands impeached before this House:

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Message to H. C. to acquaint them therewith.

A Message was sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

To acquaint them, "That the Lords have addressed His Majesty, that He will be pleased to give Order for a Place to be prepared in Westminster Hall, for this House to proceed upon the Trial of Warren Hastings Esquire, who now stands impeached before this House."

Tunbridge Wells Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex; and for amending the Road from Florence Farm in the Parish of Withyham, to Forest Row in the Parish of East Grinstead in the County of Sussex;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Jovis, 13^o Decembris 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bank of England against Pulteney et al.

After hearing Counsel further in the Cause, wherein the Governor and Company of the Bank of England are Appellants, and William Pulteney Esquire and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Cause which stands for To-morrow, be put off to Monday next; and that the Rest of the Causes be removed in course.

L. Walsingham takes the Oaths.

This Day Thomas Lord Walsingham took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first at the Table delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Tunbridge Wells Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex; and for amending the Road from Florence Farm in the Parish of Withyham, to Forest Row in the Parish of East Grinstead in the County of Sussex."

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.

Lloyd against Hare:

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

Writ of Error Non-pros'd with Costs.

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

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 eighty-eight;" 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 eighty-eight;" to which they desire the Concurrence of this House.

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.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Decembris, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 14^o Decembris 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bank of Enland against Pulteney et al.:

After hearing Counsel as well on Wednesday last as Yesterday and this Day, upon the amended Petition and Appeal of the Governor and Company of the Bank of England, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 14th of July 1783, the 21st of December 1784, and the 25th of January 1785; and also of an Interlocutor of the Lords of Session there, of the 4th of March 1785; and praying, "That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of William Pulteney Esquire, and the Answer of Elizabeth, Isabella, and Bathia Aitchesons, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Affirmed.

It is Declared by the Lords Spiritual and Temporal in Parliament assembled, That the Appellants not having pursued their Appeal against the Interlocutor of the Lords of Sessions in Scotland, of the 18th of July 1780, upon the 19th of June 1782, being the Day appointed for the Hearing of the said Appeal at the Bar of this House, and the said Interlocutor having been thereupon affirmed, and thereby become absolute and final, the Appellants are precluded from the Ground of Objection now insisted upon by them: And it is therefore Ordered and Adjudged, that the said Petition and Appeal be and is hereby dismissed this House, and that the said Interlocutors, therein complained of, be and the same are hereby affirmed.

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 eighty-eight."

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.

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 eighty-eight."

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.

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.

King's Answer to Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Wednesday last; and that His Majesty was pleased to say, "He would give the proper Directions accordingly."

Tunbridge Wells Road Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex; and for amending the Road from Florence Farm in the Parish of Withyham, to Forest Row in the Parish of East Grinstead in the County of Sussex," stands committed, be revived, and meet To-morrow.

Adjourn.

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

DIE Sabbati, 15^o Decembris 1787.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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 eighty-eight."

After some Time, the House was resumed:

And the Lord Scarsdale 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 eighty-eight."

After some Time, the House was resumed:

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

Wardlaw et al. against Wilson et al.:

Upon reading the Petition of Thomas Wardlaw and others, Appellants in a Cause depending in this House, to which John Wilson and others are Respondents, which stands appointed for Hearing; setting forth, "That the Petitioners some Time ago presented an Appeal to their Lordships from Two Interlocutors of the Court of Session in Scotland; that the Petitioners are now desirous to withdraw their said Appeal;" and therefore praying their Lordships, "That they may be at Liberty to withdraw the same, the Agents for the said Respondents having signed the said Petition as consenting thereto:"

Appeal withdrawn.

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

Bp. Lincoln to preach on 30th January.

Ordered, That the Lord Bishop of Lincoln be and he is hereby desired to preach before this House on Wednesday the Thirtieth Day of January next, in the Abbey Church Westminster.

Tunbridge Wells Road Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex; and for amending the Road from Florence Farm in the Parish of Withyham, to Forest Row in the Parish of East Grinstead in the County of Sussex," stands committed, be revived, and meet on Monday next.

Causes put off.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant, which stands appointed for Monday next, be put off to the First Cause Day after the Recess at Christmas; and that the Rest of the Causes be removed in course.

Hastings' Trial, Message to H. C. that His Majesty has given Orders for a Court to be prepared in Westminster Hall.

A Message was ordered to be sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

To acquaint them, "That His Majesty has been pleased to give Orders that a Court be prepared in Westminster Hall for the Trial of Warren Hastings Esquire."

Adjourn.

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

DIE Lunæ, 17^o Decembris 1787.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

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 eighty-eight."

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 eighty-eight."

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

It was resolved in the Affirmative.

Marine Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Holford and Mr. Walker:

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

Causes put off.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant, which stands appointed for the First Cause Day after the Recess at Christmas, be put off to Friday the 1st Day of February next; and that the Rest of the Causes be removed in Course.

Tunbridge Wells Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex; and for amending the Road from Florence Farm in the Parish of Withyham, to Forest Row in the Parish of East Grinstead in the County of Sussex," 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."

Erskine to enter into Recognizance on Hardie's Appeal.

The House being moved, "That James Francis Erskine Esquire of Paddington Green in the County of Middlesex may be permitted to enter into a Recognizance for James Hardie, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said James Francis Erskine may enter into a Recognizance for the said Appellant, as desired.

Honywood's Petition referred to Judges.

Upon reading the Petition of Filmer Honywood Esquire; 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 Wilson 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.

The House was adjourned during Pleasure to robe.

The House was resumed.

King present:

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those, and the other Bills to be passed, severally, as follows; (videlicet)

Bills passed.

1. "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 eighty-eight."

2. "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 eighty-eight."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

3. "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy le veult."

Then His Majesty was pleased to retire, and the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem Januarii jam prox. sequen. horâ decimâ Auroræ, Dominis sic decernentibus.