Journal of the House of Lords Volume 39, 1790-1793. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 39: May 1793 1-6', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol39/pp642-655 [accessed 22 December 2024].
'House of Lords Journal Volume 39: May 1793 1-6', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol39/pp642-655.
"House of Lords Journal Volume 39: May 1793 1-6". Journal of the House of Lords Volume 39, 1790-1793. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol39/pp642-655.
In this section
May 1793 1-6
DIE Mercurii, 1o Maii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lickbarrow and Wright against Mason et al., in Error:
The Order of the Day being read, for the further Consideration of the Writ of Error, wherein William Nowell Lickbarrow and Ralph Wright are Plaintiffs, and Edward Mason and others are Defendants; and for the rest of the Judges to deliver their Opinions upon the Question of Law, put to them on the 20th of May 1791:
Judges Opinions delivered Seriatim.
Mr. Baron Perryn was heard upon the said Question, and delivered his Opinion in the Negative; and gave his Reasons.
Then Mr. Baron Hotham was heard upon the said Question, and delivered his Opinion also in the Negative; and gave his Reasons.
Then Mr. Justice Ashurst was heard upon the said Question, and delivered his Opinion in the Affirmative; and gave his Reasons.
Then Mr. Justice Gould was heard upon the said Question, and delivered his Opinion in the Negative; and gave his Reasons.
Then the Lord Chief Justice of the Court of Common Pleas was heard upon the said Question, and delivered his Opinion also in the Negative; and gave his Reasons.
Ordered, That the further Consideration of the said Cause be put off to Wednesday next.
Martin's Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Richard Martin Esquire, with Elizabeth Vesey, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Dean and Chapter of Canterbury's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enabling the Dean and Chapter of Canterbury to grant building Leases to Mr. Francis Hurlbatt."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Leeds and Mr. Pepys:
To carry down the said Bills, and desire their Concurrence thereto.
Gibson and Johnson against Masters et al. Gibson and Johnson against Hunter.
Upon reading the Petition of Thomas Gibson and Joseph Johnson, Plaintiffs in a Writ of Error depending in this House, and of Richard Masters and others, Defendants thereto, and also of Thomas Gibson and Joseph Johnson, Plaintiffs in a Writ of Error depending in this House, and of Robert Hunter, Defendant thereto; setting forth, "That the said Causes were set down for Hearing in the last Session of Parliament: That they involve in them the important Question, "Whether the Acceptor of a Bill of Exchange, made payable to a fictitious Payee, is liable to pay it to the Holder thereof;" and as an immense Property is now locked up, and will so remain until the Determination of Their Lordships upon the Question, by which great Distress and Inconvenience is now experienced by a great Number of Persons, and which is greatly increased by the present general distressed State of Commercial Credit;" and therefore praying, "That Their Lordships will be pleased to appoint an early Bye-Day for the Hearing of the said Causes, or such other Day as to Their Lordships shall seem meet:"
It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar, on Tuesday the 14th Day of this instant May; and that the Judges do then attend.
Claxton's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Robert Claxton of Bristol, Merchant, to take the Oath prescribed, and directed to be taken by an Act of the Twenty-sixth Year of His present Majesty, for the further Encrease and Encouragement of Shipping and Navigation."
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.
Crinan Canal Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Canal from Loch Gilp to Loch Crinan, in the Shire of Argyll."
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.
Kirton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadows, Pastures, and other Commonable Lands and Waste Grounds, in the Lordship of Kirton in Lindsey, in the County of Lincoln."
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.
Ulverstone Canal Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Cut or Canal from a Place called Hammerside Hill, in the Parish of Ulverstone, in the County Palatine of Lancaster, to a Place called Weint End, near the Town of Ulverstone aforesaid."
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.
Hedon Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term and enlarging the Powers of two Acts passed in the Eighteenth Year of the Reign of His late Majesty King George the Second, and the Seventh Year of the Reign of His present Majesty, for repairing the Road leading from a Gate commonly called Sacred Gate, on the South East Side of the Town of Hedon, in the East Riding of the County of York, through the said Town to Hull North Bridge; and for amending the Road from the present Turnpike Bar in Wyton Holmes, through the Townships of Wyton and Sproatley to the Guide Post in Flinton Lane near Humbleton Moor House, in the same Riding."
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.
Burcester Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Arable, Meadow, Ley Pasture, and Waste Lands, lying and being within the Township of Burcester-King's-End, otherwise Bicester-King's-End, in the Parish of Burcester, otherwise Bicester, in the County of Oxford."
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 next, at the usual Time and Place; and to adjourn as they please.
Derwent or Bubwith Bridge Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for building a Bridge over the River Derwent, at or near Bubwith Ferry, in the East Riding of the County of York, and making proper Approaches thereto."
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.
Selby Ferry Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Selby Ferry, in the Parish of Hemingbrough, to the Town of Market Weighton, in the East 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.
Greetham Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, and other Commonable and Waste Lands, in the Parish of Greetham, in the County of Lincoln."
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.
Oakham Canal Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Cut or Canal from the Melton Mowbray Navigation, in the County of Leicester, to Oakham, in the County of Rutland."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Cardington Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Term and enlarging the Powers of an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing and widening the Road from the Forty-eighth Mile Stone, in the Parish of Cardington, in the present Turnpike Road between Hitchin and Bedford, to Great Barford Bridge, and for continuing a Road from thence to the Great Northern Road near Temsford Bridge, in the County of Bedford."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with Amendments to the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To return the said Bills, and acquaint them, That the Lords have agreed to the same, with Amendments, to which Their Lordships desire their Concurrence.
Poor Relief Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Twentysecond Year of the Reign of His present Majesty, for the better Relief and Employment of the Poor."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Stafford Road Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, widening, diverting, and improving the Road from Stafford to Church Bridge, and also the Road from Stafford to Uttoxeter, all in the County of Stafford; and also the Road from Stafford to Newport, in the County of Salop."
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 the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Lightwood Enclosure Bill.
The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing the Common or Waste Ground called Lightwood, within the Township of Normacott, in the Parish of Stone, in the County of Stafford," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; 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."
Crickhowell Road Bill.
The Lord Bishop of Bangor also 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 Twelfth Year of His present Majesty, for amending, widening and altering the Road from Crickhowell, in the County of Brecon, to the Cross Hands beyond New Inn, in the Turnpike Road between the City of Hereford and Ross, and other Roads therein described, with respect to certain Parts of the Roads comprized in the said Act," 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."
Brewton Roads Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Terms, and altering, enlarging and consolidating the Powers of two Acts of Parliament, passed in the Twenty-ninth Year of the Reign of His late Majesty King George the Second, and in the Seventeenth Year of the Reign of His present Majesty, for repairing and widening several Roads and Streets, in and near the Town of Brewton, in the County of Somerset, therein described; and also for repairing, widening and altering several other Roads in the Counties of Somerset and Wilts," was committed.
Dudley Canal Bill, Petition, against.
Upon reading the Petition of the several Persons, whose Names are thereunto subscribed, being Proprietors of the Dudley Canal Navigation, taking Notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Navigable Canal from the Dudley Canal, in the County of Worcester, to the Worcester and Birmingham Canal, now making at or near Selly Oak, in the said County; and also certain collateral Cuts to communicate therewith;" and praying, "That they may be permitted to be heard by their Counsel, against such Parts of the said Bill, as will affect their Interest and Property, and that they may have such Relief in the Premises, as to the House shall seem just and meet:"
It is Ordered, That the said Petition be referred to the Committee, to whom the said Bill stands committed; and that the Petitioners be at Liberty to be heard by their Counsel against the said Bill as desired, before the said Committee, and that Counsel be heard for the Bill at the same Time, if they think fit.
Robertson and Berry against His Majesty's Advocate:
An Appeal of James Robertson Bookseller in Edinburgh, and Printer in the Horse Wynd there, and Walter Berry Bookseller on South Bridge Street, Edinburgh, now Prisoners in the Tolbooth of Edinburgh, was presented and read; complaining of two Interlocutors or Judgements of the Court of Justiciary in Scotland, of the 18th of February and 18th of March 1793; and praying, "That the same may be reversed, varied, or altered, or that the Petitioners may have such other Relief in the Premises, as to Their Lordships, in their great Wisdom, shall seem meet."
Appeal referred to Committee.
Ordered, That the said Appeal be referred to a Committee, to consider and report, "Whether the same ought to be entertained."
Ordered, That the Petitioners be at Liberty to be heard by one Counsel before the said Committee, if they think fit; and that Notice thereof be given to the Lord Advocate for Scotland.
Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place; and to adjourn as they please.
Ordered, That all the Lords who have been or shall be present this Session, be of the said Committee.
Lancaster Canal Bill.
A Message was brought from the House of Commons, by Mr. Stanley and others:
With a Bill, intituled, "An Act to alter and amend an Act passed in the last Session of Parliament, intituled, "An Act for making and maintaining a Navigable Canal from Kirkby Kendal, in the County of Westmorland, to West Houghton in the County Palatine of Lancaster; and also a Navigable Branch from the said intended Canal at or near Borwick, to or near Warton Cragg; and also another Navigable Branch from at or near Gale Moss, by Chorley, to or near Duxbury, in the said County Palatine of Lancaster; and also for making a Navigable Branch from the said Canal, at or near Galgate, to Glasson Dock, in the said County Palatine of Lancaster;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Penge Enclosure Bill.
A Message was brought from the House of Commons, by Lord William Russell and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common or Parcel of Waste Ground, called Penge Common, lying within the Hamlet of Penge, in the County of Surrey;" to which they desire the Concurrence of this House.
Idsal Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing Five Open Common Fields, commonly called Shiffnal Town Field, otherwise Pool Field, otherwise Drayton Field, the Wyke Field, the Church Field, otherwise Haughton Field, Haughton Middle Field, otherwise Patnal Field, and the Upper Field, otherwise Nedge Field, in the Parish of Idsal otherwise Shiffnal, in the County of Salop."
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 next, at the usual Time and Place; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, secundum diem instantis Maii, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 2o Maii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lightwood Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Common or Waste Ground called Lightwood, within the Township of Normacott, in the Parish of Stone, in the County of Stafford."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Crickhowell Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Twelfth Year of His present Majesty, for amending, widening, and altering the Road from Crickhowell, in the County of Brecon, to the Cross Hands beyond New Inn, in the Turnpike Road between the City of Hereford and Ross, and the Roads therein described, with respect to certain Parts of the Roads comprized in the said Act."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Brewton Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Terms, and altering, enlarging, and consolidating the Powers of two Acts of Parliament passed in the Twenty-ninth Year of the Reign of His late Majesty King George the Second, and in the Seventeenth Year of the Reign of His present Majesty, for repairing and widening several Roads and Streets in and near the Town of Brewton, in the County of Somerset, therein described, and also for repairing, widening, and altering several other Roads in the Counties of Somerset and Wilts."
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. Leeds and Mr. Pepys:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Penge Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common or Parcel of Waste Ground called Penge Common, lying within the Hamlet of Penge, in the County of Surrey."
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 said,
"Gentlemen, You who are of Counsel for Mr. Hastings may now proceed in his Defence, and the Lords will be pleased to give Attention."
Then Mr. Plumer was further heard to sum up in part the Evidence on the Second Article of Charge.
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 Monday 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.
Leeds and Liverpool Canal Bill.
Ordered, That all the Lords who have been present this Session, and are not named of the Committee, to whom the Bill, intituled, "An Act to enable the Company of Proprietors of the Canal Navigation from Leeds to Liverpool, to vary the Line of the said Canal Navigation, and to raise a further Sum of Money for the Purpose of compleating the said Canal Navigation, and for other Purposes;" stands committed; be added to the said Committee.
Claxton's Bill.
The House (according to Order) was adjourned during pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable Robert Claxton, of Bristol, Merchant, to take the Oath prescribed and directed to be taken by an Act of the Twenty-sixth Year of His present Majesty, for the further Encrease and Encouragement of Shipping and Navigation."
After some Time, the House was resumed:
And the Earl of Radnor reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Traitorous Correspondence Prevention Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
To return the Bill, intituled, "An Act more effectually to prevent, during the present War between Great Britain and France, all traitorous Correspondence with, or Aid or Assistance being given to His Majesty's Enemies;" and to acquaint this House, That they have agreed to Their Lordships' Amendments made thereto, with Amendments to them, to which they desire Their Lordships' Concurrence.
Brown's Divorce Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
To return the Bill, intituled, "An Act to dissolve the Marriage of Edward Brown Esquire, with Susannah Solley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, That they have agreed to the same with one Amendment, to which they desire Their Lordships' Concurrence.
Derby Canal Bill.
A Message was brought from the House of Commons, by Lord George Augustus Henry Cavendish and others:
To return the Bill, intituled, "An Act for making and maintaining a Navigable Canal from the River Trent, at or near Swarkstone Bridge, to and through the Borough of Derby, to Little Eaton, with a Cut out of the said Canal, in or near the said Borough, to join the Erewash Canal near Sandiacre; and for making Rail Ways from such Canal to several Collieries in the Parishes or Liberties of Denby, Horsley, and Smalley, all in the County of Derby;" and to acquaint this House, That they have agreed to Their Lordships' Amendments made thereto.
Perth Roads Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
With a Bill, intituled, "An Act for explaining, amending, and rendering more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, for repairing certain Roads in the County of Perth; and for making and repairing the Road from Crieff towards Stirling and Alloa, and other Roads in the said County;" to which they desire the Concurrence of this House.
Traitorous Correspondence Prevention Bill.
The House proceeded to take into Consideration the Amendments made by the Commons to the Amendments made by Their Lordships to the Bill, intituled, "An Act more effectually to prevent, during the present War between Great Britain and France, all traitorous Correspondence with, or Aid or Assistance being given to His Majesty's Enemies."
And the same, being read three Times by the Clerk, were agreed to by the House.
And a Message was sent to the House of Commons by the former Messengers, to acquaint them therewith.
Debtor's Relief Bill.
The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for amending the Law of Imprisonment on Mesne Process; for better regulating the Law and Practice of Bail, and for the Relief of unfortunate and the Punishment of fraudulent Insolvent Debtors:"
Ordered, That the said Order be discharged.
Ordered, That the House be put into a Committee upon the said Bill on Monday next; and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tertium diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 3o Maii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gillespie and Reid against Hussey and Bogle:
After hearing Counsel as well on Monday the 15th, as Monday the 29th Days of April last, and this Day upon the amended Petition and Appeal of William Gillespie Linen Printer in Anderston, and Matthew Reid Hosier in Leicester; complaining of Six Interlocutors of the Lord Ordinary in Scotland of the 3d of June, the 24th of November, and 10th and 24th of December 1790, and 28th of January, and 12th of February 1791; and also of an Interlocutor of the Lords of Session there, of the 28th of June 1791; 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 proper;" as also upon the Answer of Adeliza Hussey, and Charles Bogle Esquire, her Husband, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be and the same is hereby dismissed this House; and that the said several Interloclutors therein complained of be and the same are hereby affirmed, without Prejudice to any Question that may arise, whether the Debt of the Respondent or any, and what Part of it had been paid.
Salford, &c. Roads Bill, Petition against.
Upon reading the Petition of the Land-owners and Inhabitants of the Townships of Westhoughton, Blackrod, and Adlington, in the County of Lancaster, whose Names are thereunto subscribed:
Also, Upon reading the Petition of the Land-owners and Inhabitants of the Townships of Wigan, Ince, and Hindley, in the County of Lancaster, whose Names are thereunto subscribed, severally taking Notice of a Bill depending in this House, intituled, "An Act for repairing, widening, and improving certain Roads leading to and from the Towns of Salford, Warrington, Bolton, and Wigan, and to certain Places called the Broad Oak, in Worsley, and Duxbury Stocks; and also a Road from a Place called South Sea, in Pendlebury, to Agecroft Bridge, and from thence, through Hilton Lane, to Dawson Lane End, and also from Agecroft Bridge, over Kersal Moor, to Singleton Brook, all in the County Palatine of Lancaster;" and severally praying, "That during the Continuance of the Term at present in the Turnpike Act, no additional Bar may be permitted to be erected on that Branch of the Road which leads from Manchester to Chorley and Wigan, which, if erected, would be a great Loss to the Public in general, and to the Petitioners in particular:"
It is Ordered, That the said Petitions do lie on the Table.
Upon reading the Petition of the Land-owners and Inhabitants of the Township of Barton-upon-Irwell, in the County of Lancaster, whose Names are thereunto subscribed:
Also, Upon reading the Petition of the Land-owners and Inhabitants of the Townships of Over Hulton and Middle Hulton, in the County of Lancaster, whose Names are thereunto subscribed:
And also, Upon reading the Petition of the Landowners and Inhabitants of the Township's of Worsley, in the County of Lancaster, whose Names are thereunto subscribed, severally taking Notice of the last-mentioned Bill; and severally praying, "That during the Continuance of the Term at present in the said Turnpike Act, which is upwards of twelve Years, (or at least for one Year, until a proper Sense of the Country can be obtained,) no additional Bars may be permitted to be erected, or any additional Tolls to be taken:"
It is Ordered, That the said Petitions do lie on the Table.
Bewicke's Divorce Bill.
The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of the Reverend Calverley John Bewicke, Clerk, with Mary Elizabeth, otherwise Mary Eliza Vaughan, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned:
Counsel were accordingly called in.
And Mr. Garrow and Mr. Bailey appearing as Counsel for the Bill, and no Counsel appearing against the Bill; Mr. Garrow was heard to open the Allegations of the Bill.
Then Mr. Joseph was called in, and being sworn, acquainted the House, "That he knows Mrs. Bewicke, and that he served her with a Copy of the Order of the House of the 18th of April last, for the Second Reading of the Bill, and also with a Copy of the Bill."
Then the Witness produced an Office Copy of a Record of the Court of King's Bench, of a Judgement by Default in that Court in Hilary Term, Thirty-third of His present Majesty, in an Action by Calverley John Bewicke, Clerk, against William Webly Vaughan, for Trespass, Assault, and Criminal Conversation with Mary Elizabeth Bewicke, Wife of the said Calverly John Bewicke, with £400 Damages assessed against the said William Webly Vaughan, upon a Writ of Enquiry; the same was read.
Then the Witness produced an Extract from the Registry of Marriages of the Parish of Saint Andrew, Holborn; the same was read, and is as follows:
Extracted from the Registry of Marriages kept for the Parish of Saint Andrew, Holborn.
Calverley John Bewicke, of the Parish of Saint Andrew, Holborn, in the County of Middlesex, Batchelor, and Mary Eliza Vaughan, of the Parish of Haydon, in the County of Essex, Widow, were married in this Church, by Licence, on the Sixteenth Day of August, in the Year One thousand seven hundred and eightyeight, by me,
"G. Huddesford, Curate."
This Marriage was solemnized between us, | Calverley John Bewicke, |
Mary Eliza Vaughan. | |
In the Presence of us, | Edward Bayley. |
Richard Perry." |
The above Extract is a true Copy of the Entry of the Marriage between the above-mentioned Parties, taken from and examined with the Book of Marriages belonging to the Parish Church of Saint Andrew, Holborn aforesaid, this 23d Day of November 1792, by me,
"Robert Goodall."
29th April 1793. Examined with the Original, this Day.
"I. H."
Then Mr. Mark Holman was called in, and being sworn, produced an original definitive Sentence of Divorce in the Consistory Court of the Lord Bishop of London, against Mary Elizabeth Bewicke, for Adultery, committed by her with William Welby Vaughan, dated 1st March 1793; the same was read.
He was directed to withdraw.
Then Mrs. Mary Baker was called in, and being sworn, acquainted the House, "That she knows Mr. and Mrs. Bewicke, and that she was present when they were married, but does not recollect at what Church; and that they afterwards lived together as Man and Wife."
She was directed to withdraw.
Then Mrs. Ann Hawkins was called in, and being sworn, acquainted the House, "That she went to live in the Service of Mr. and Mrs. Bewicke in the Month of May 1791; that they lived together as Man and Wife from that Time till their Separation, in October last; that she knows Mr. Vaughan, and believes he was related to Mrs. Bewicke's first Husband; that she remembers his being upon a Visit at Mr. Bewicke's House, during which Time the Witness frequently observed indecent Familiarities pass between him and Mrs. Bewicke, such as Mrs. Bewicke's kissing him; that she has frequently seen Mr. Vaughan in her Mistress's Bed-chamber, and that one Morning, between seven and eight o'Clock, when Mr. Bewicke was gone out a walking, which he usually did in a Morning, the Witness went to the Door of Mr. Vaughan's Bedchamber, where she saw her Mistress and Mr. Vaughan in Bed together; that she had previously left her Mistress in her own Bed-chamber, who afterwards went to Mr. Vaughan with only her Under-petticoat on, and a loose Bed-gown; that when the Witness went into Mr. Vaughan's Bed-room, Mr. Vaughan was upon her Mistress in the Bed, and she verily believes they were then in the Act of committing Adultery together."
She was directed to withdraw.
Then John Munting was called in, and being sworn, acquainted the House, "That he went to live in the Service of Mr. and Mrs. Bewicke in the Month of February 1791, and continued there nine Months, in the Course of which Time he has seen them kiss each other on the Bed, and playing with one another very frequently, and very thick together."
He was directed to withdraw.
The Counsel were directed to withdraw.
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 Tuesday next.
Lancaster Canal Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to alter and amend an Act passed in the last Session of Parliament, intituled, "An Act for making and maintaining a Navigable Canal from Kirkby Kendal, in the County of Westmorland, to West Houghton, in the County Palatine of Lancaster, and also a Nagable Branch from the said intended Canal, at or near Borwick, to or near Warton Cragg; and also another Navigable Branch from at or near Gale Moss, by Chorley, to or near Duxbury, in the said County Palatine of Lancaster; and also for making a Navigable Branch from the said Canal at or near Galgate to Glasson Dock, in the said County Palatine of Lancaster."
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.
Penge Enclosure Bill, Petition against.
Upon reading the Petition of several Owners and Occupiers of Estates within the Manor and Parish of Battersea, in the County of Surrey, whose Names are thereunto subscribed; taking Notice of a Bill depending in this House, intituled, "An Act for dividing and enclosing the Common or Parcel of Waste Ground called Penge Common, lying within the Hamlet of Penge, in the County of Surrey;" and praying Their Lordships, "That they may be heard by their Counsel against the said Bill, and that the same may not pass into a Law:"
It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time, and that the Petitioners be then heard by their Counsel against the said Bill at the Second Reading thereof, and that Counsel be heard for the Bill at the same Time, if they think fit.
Perth Roads Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for explaining, amending, and rendering more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, for repairing certain Roads in the County of Perth, and for making and repairing the Road from Crieff towards Stirling and Alloa, and other Roads in the said County."
Bp. Ely's Estate Bill.
The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Lord Bishop of Ely to sell or make building Grants or Leases of the Castle of Wisbech Saint Peter's, in the Isle of Ely, in the County of Cambridge, and the Gardens and Appurtenances thereunto belonging, and for applying the Money to arise from such Sale in Manner therein mentioned," 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.
Milton Bryant Enclosure Bill.
The Lord Bishop of Bangor also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields and Meadows, Common Pastures, and other Commonable Lands and Grounds within the Parish of Milton Bryant, in the County of Bedford," 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."
Newnham's Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Inheritance in Fee-simple of Part of the settled Estates of John Newnham Esquire in John Trayton Fuller Esquire," was committed.
Ordered, That the said Bill be engrossed.
Ld Amhert's Estate Bill, specially reported.
The Lord Cathcart reported from the Lords Committees, appointed to consider of a Bill, intituled, "An Act for enabling the Trustees of Henry Smith Esquire, deceased, to accept a Grant of a Rent Charge or clear annual Payment or Sum of Twenty Pounds, to be charged upon and paid and payable at Michaelmas in every Year, by and out of a Messuage Farm and Lands of the Right Honourable Jeffery Lord Amherst, in the Parish of Horley, in the County of Surrey, in Exchange for several Pieces or Parcels of Land situate, lying, and being in Sevenoaks, in the County of Kent, enclosed from the Waste of the Manors of Seven Oaks and Knowle, or one of them, and to convey the said several Pieces or Parcels of Land to the said Jeffery Lord Amherst and his Heirs accordingly;" "That the Committee had met, and considered the said Bill, and examined the Allegations contained therein, which were found to be true; that the Lord Amherst, and seven of the Trustees of the Estate of the said Henry Smith Esquire, deceased, had given their Consents to the passing this Bill; that the other surviving Trustees of the said Estate had not appeared to give their Consents, but that by reason of the Benefit which will arise from the passing this Act, to the said Estate held in Trust for charitable Purposes, and in Consideration of a certain Act passed in the Thirty-first of His present Majesty's Reign, by which the same Trustees were enabled to convey the Manors of Knowle, Seven Oaks, Kempsing, and Hale, in the County of Kent, and divers Hereditaments in the several Parishes of Seven Oaks, Kempsing, and Hale, in the said County of Kent, to John Frederick Duke of Dorset, in Exchange for certain Hereditaments and Fee Farm Rents therein mentioned; from which Hereditaments in the Parish of Seven Oaks abovementioned, the several Pieces or Parcels of Land to which this Bill refers, were excepted for the Purpose of their being conveyed to Jeffery Lord Amherst as soon as an adequate Compensation for the same should be offered, and a Copy of the Bill had been sent to all the Trustees of the said Estate; the Committee had gone through the said Bill, and had directed him to report the same to the House, without any Amendment."
Which Report, being read Twice by the Clerk, was agreed to by the House.
Ordered, That the said Bill be engrossed.
Gamon, or Duchess of Chandos' Estate Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for empowering the Committees or Committee for the Time being, of the Estate of the Most Noble Anne Eliza Duchess of Chandos, a Lunatic, to make Leases of her Estate, during her Lunacy; and for other Purposes therein mentioned," 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."
Ordered, That the said Amendments be taken into Consideration on Monday next.
Thorngrafton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Grey and others:
With a Bill, intituled, "An Act for dividing allotting and enclosing a certain Common, Moor, or Tract of Waste Ground, called Thorngrafton Common, and also certain Common Fields or Dales, and Pieces of Land within the Township of Thorngrafton, all within the Barony or Manor of Wark, and in the Parish of Haltwhistle, in the County of Northumberland;" to which they desire the Concurrence of this House.
Grindon Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Grey and others:
With a Bill, intituled, "An Act for dividing, allotting and enclosing a certain Common Moor or Tract of Waste Ground called Grindon Common, within the Barony or Manor of Langley, and in the Parish of Warden, in the County of Northumberland;" to which they desire the Concurrence of this House.
Langley Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Grey and others:
With a Bill, intituled, "An Act for dividing, allotting and enclosing a certain Common Moor or Tract of Waste Ground, called Langley South Common, within the Barony or Manor of Langley, and in the Parish of Warden, in the County of Northumberland;" to which they desire the Concurrence of this House.
Orston Enclosure Bill.
A Message was brought from the House of Commons, by Colonel McLeod and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Arable Fields, Pastures, Meadows, Commons and and Waste Grounds, within the Townships of Orston and Thoroton, in the Parish of Orston, in the County of Nottingham;" to which they desire the Concurrence of this House.
The said Four Bills were, severally, read the First Time.
Hodie 2a vice lecta est Billa, intituled, "An Act to amend an Act made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof, and to punish Persons who shall adulterate Meal, Flour or Bread;" with respect to the Time within which certain Prosecutions directed by the said Act are to be brought."
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 Wednesday next.
Claxton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Robert Claxton of Bristol, Merchant, to take the Oath prescribed and directed to be taken, by an Act of the Twenty-sixth Year of His present Majesty, for the further Encrease and Encouragement of Shipping and Navigation."
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. Leeds and Mr. Pepys:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Berguer takes the Oaths in Order to his Naturalization.
David Berguer took the Oaths appointed, in order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing David Berguer."
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.
Slave Trade, Petition against Abolition.
Upon reading the Representation of the Council and Assembly of the Island of Saint Christopher, setting forth, "That the Inhabitants of these Colonies are the free-born Subjects of the Imperial Crown of Great Britain, whose Ancestors on the sacred plighted Faith of the British Government, that all their Rights, Privileges and Immunities should be preserved inviolate to them, and to their Descendants, were induced to become Settlers in a strange far distant and inhospitable Climate: That under a Series of unparalelled Difficulties and Embarrassments, the Settlers of these old Colonies have at length formed and accomplished the Settlement of them; and have, moreover, brought them to a State of Perfection and Benefit to the Mother Country, unrivalled by any other People on the Face of the Globe; that the Inhabitants of these Colonies have uniformly displayed the most faithful Attachment, Zeal and Loyalty to their Sovereign, as well as all due respect and Obedience to the Authority of the Parent State, and evinced upon all Occasions the most cheerful Alacrity to contribute to the utmost Extent of their Ability towards the Support of the British Government, trusting in Return, that they should receive an adequate Retribution of Care and Attention to their Interests; that the Plan now in Agitation, and which has received the Approbation of one Branch of the British Legislature, for the Abolition of the Slave Trade, is a Violation of British Faith pledged by several Acts of Parliament, inasmuch as under the Sanction of those Acts these Colonies have been settled; and which they have hitherto considered even more sacred than Chartered Rights, which Plan, if carried into Effect, cannot fail to produce the most ruinous Consequences both to these Colonies and the Mother Country, without serving in any Degree the Cause of Humanity; that the Condition of the Slaves has been gradually meliorated as Civilization has extended itself in the British Colonies, from hence it is fair to infer, that those imported from Africa enjoy a Degree of Happiness superior to what falls to their Lot in their native Country, inasmuch as the civilized State of their Owners in these Islands, exceeds that of their savage and cruel Masters in Africa, besides, in the British Islands their Lives are protected, and their Punishments bounded, by salutary Laws and Regulations made for these Purposes, whereas in Africa they depend solely on the arbitrary Will of a merciless and barbarous Race of Tyrants; that under these Circumstances, which are notorious to all who are not blinded by Fanaticism and Prejudice, it would be the greatest Humanity to continue the Trade, and on the contrary, a general Abolition of it, would tend to perpetuate a Slavery infinitely worse than what exists in the Colonies, and in some Instances lead to Acts of the utmost Cruelty and Barbarity; that as Spain and Holland are now extending the Cultivation of their Settlements in this Part of the World, and as the Southern States of America have made the Continuation of the Slave Trade, a Condition of their Adherence to the general Federation, it is more than probable, were Great Britain to abolish the Trade, they would take it up and carry it on to a considerable Extent; the Abolition therefore can only be a Transfer of the Advantages of that Trade from the British Nation to other Powers, to the Ruin of the Sugar Colonies and Destruction of the Commerce of of Great Britain; that the Language held in Parliament on the Question of the Slave Trade, is conveyed to the Ears of the Slaves here, through the Channel of the English Newspapers, either by those among themselves who have received an Education, or by the free coloured People; and that Impressions are consequently made on their Minds, wholly incompatible with that Subordination which ought to prevail, so as to insure the Tranquillity of this Island; that before the Agitation of this Question in Parliament, they were a happy contented People, more so than any Peasantry in Europe, for being devoid of all Care and Anxiety about making Provision for themselves and Families, (well knowing that would continue to be offered them by their Masters, as well in Sickness as in Health) they performed their daily Labour with Chearfulness, and either enjoyed their Repose at Night, or occasionally passed it in Festivity and Mirth; that by such Language they are now led to view their Condition in a far different Light; those Masters they formerly looked up to as their Protectors, they are now taught to consider as cruel Tyrants; that their State of Bondage which before sat easy and light upon them, is now become insupportable; and they are impressed with the Belief that the Abolition of the Slave Trade, is quickly to lead to the Abolition of Slavery itself; that notwithstanding these just and true Representations, should Parliament determine to abolish the Slave Trade, then they expect, agreeable to the Spirit of the British Constitution, and conformable to the accustomed Rules of Parliament, that there shall be no Violation of their Properties, without an adequate Compensation for the same, to be made to them by Government; that if they are debarred by the Abolition, from acquiring Labourers to work their Estates, they are fully persuaded it will go the Length of eventually destroying their Properties altogether, and therefore no Compensation short of their Value, can be adequate to their Loss; that if under the Idea of keeping up their Number of Slaves by Births alone, which they know to be impracticable, the Experiment of the Abolition of the Slave Trade is to be made, it is but just and reasonable the Experiment should be tried at the Risque of the Nation at large, and not of Individuals; the Deprivation therefore of their Property not arising from Necessity, or the Chance of War, but by a deliberate Act of the British Legislature, they conceive as British Subjects that they are entitled to claim from the Justice of Parliament a full Indemnification for their Losses, which can only be a fair and reasonable Valuation for their Properties to be paid to them by Government; all which is most humbly submitted to that Wisdom and Justice which have ever distinguished Their Lordships' Proceedings:"
It is Ordered, That the said Petition do lie on the Table.
Slave Trade, &c. further considered.
The Order of the Day being read for taking into further Consideration the present State of the Trade to Africa, and particularly the Trade in Slaves; and also for taking into Consideration the Nature, Extent, and Importance of the Sugar, Coffee, and Cotton Trades, and the general State and Condition of the West India Islands, and the Means of improving the same; and for the Lords to be summoned; and for the Agents of the West India Colonies to be heard by their Counsel, in Support of their Petitions against the Abolition of the Slave Trade:
Counsel were accordingly called in;
And James Cocks Esquire, was called in, sworn, and examined.
He was directed to withdraw.
The Counsel were directed to withdraw.
Ordered, That this House do proceed to take into further Consideration the present State of the Trade to Africa, and particularly the Trade in Slaves; and also the Nature, Extent, and Importance of the Sugar, Coffee, and Cotton Trades, and the general State and Condition of the West India Islands, and the Means of improving the same; on Friday the 10th Day of this instant May; and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, quartum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Sabbati, 4o Maii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The King against Amery, in Error:
The Order of the Day being read for taking into Consideration the Petition of Ralph Eddowes of the City of Chester, Merchant, Relator in a certain Information in the Nature of a Quo Warrunto, against Thomas Amery claiming to exercise the Office of an Alderman of the City of Chester, and Defendant in a Writ of Error brought into this House, wherein the King was Plaintiff; praying that an Order may be made, That the Court of King's Bench do tax the Petitioner's Costs pursuant to the Statute in that Case made and provided, and that when so taxed, there may be entered in Their Lordships' Journal an Award of the said Costs to the said Relator in the Information, in order that the Petitioner may take the proper Steps for the Recovery of his said Costs; and for the Petitioner to be heard by his Counsel in Support of the Prayer of the said Petition; and for Counsel to be heard on Behalf of the Defendant at the same Time; and for the Judges to attend:
Counsel were accordingly called in.
And the Counsel having been fully heard for the Petitioner.
As also the Counsel for the Defendant.
The Counsel were directed to withdraw.
Questions put to Judges.
Then the following Questions were proposed to be put to the Judges;
"Whether the Court of King's Bench in giving Judgement for the Relator in an Information, in the Nature of a Quo Warranto, under the Statute of the 9th Anne, c. 20, is bound to give Judgement, that the Relator shall recover his Costs of such Prosecution?"
"Whether upon a Writ of Error, if the Judgement of the Court below be reversed, the Court of Error must give the same Judgement as the Court below was bound to have given?"
"Whether if the Judgement had been entered in the Court of King's Bench below, in the Manner in which it is entered in this Case, it could have been altered in a subsequent Term?"
Whereupon, the Lord Chief Justice of the Court of Common Pleas, having conferred with the rest of the Judges present, delivered their unanimous Opinion upon the said Questions;
Upon the First and Second of the said Questions in the Affirmative:
And upon the last of the said Questions, in the Negative; and gave his Reasons.
Ordered, That the further Consideration of the said Petition be put off to Saturday next.
Dean and Chapter of Lincoln, Petition to receive Judges report:
Upon reading the Petition of the Right Worshipful Sir Richard Kaye Baronet, Doctor of Laws, Dean of the Cathedral Church of the Blessed Virgin Mary of Lincoln, and the Chapter of the same Church, and others, setting forth; "That the Petitioners caused a Petition to be prepared to be presented to the House, praying Leave to bring in a Bill for the Purposes therein mentioned, but in the settling thereof it being discovered that the Petitioners Hannah and Esther Ellison, whose Interests were not foreseen to be such as to make them Parties thereto must sign the same, the Time necessarily taken up in sending to them at Bristol, where they then were, unavoidably occasioned the presenting of their said Petition to be delayed till the 10th Day of April. That on the said Petition being presented to the House on the same Day Their Lordships were pleased to refer the same to the Consideration of the Lord Chief Justice of the Court of Common Pleas, and Mr. Baron Hotham, and that forthwith after the Order thereon was obtained, the Petitioners by their Agents applied to the said Judges for an Appointment to attend them on their said Petition, but by reason of the shortness of the Time then to come for receiving Reports from the Judges as fixed by Their Lordships, and Mr. Baron Hotham being in attendance at the Old Bailey, the Petitioners could not obtain an Appointment to attend the said Judges before the last Day for receiving Judges Reports as aforesaid was elapsed: That the Petitioners have by their Agents since attended the said Judges who have considered their said Petition and signed their Report thereon, and also a Bill for effecting the Purposes therein prayed for;" and therefore praying Their Lordships, "That in Consideration of the Circumstances above mentioned, they will be pleased to give Leave for the said Report to be now received:"
It is Ordered, That the said Report from the Judges be now received.
Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred, the Petition of the Right Worshipful Sir Richard Kaye Baronet Doctor of Laws, Dean of the Cathedral Church of the Blessed Virgin Mary of Lincoln, and the Chapter of the same Church, 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 effectuating an Exchange between the Dean and Chapter of Lincoln, and Richard Ellison Esquire."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ sextum diem instantis Maii, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 6o Maii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Crinan Canal Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Navigable Canal from Loch Gilp, to Loch Crinan, in the Shire of Argyll," 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."
Newnham's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Inheritance in Fee-Simple, of Part of the settled Estates of John Newnham Esquire, in John Trayton Fuller Esquire."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Bp. Ely's Estate Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Lord Bishop of Ely to sell the Castle of Wisbech Saint Peters, in the Isle of Ely, in the County of Cambridge, and the Gardens and Appurtenances thereunto belonging, and for applying the Money to arise from such Sale in Manner therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Ld. Amherst's Estate Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for enabling the Trustees of Henry Smith, Esquire, deceased, to accept a Grant of a Rent Charge or clear annual Payment or Sum of Twenty Pounds, to be charged upon, and paid and payable at Michaelmas in every Year, by and out of a Messuage, Farm, and Lands of the Right Honourable Jeffery Lord Amherst, in the Parish of Horley, in the County of Surrey, in Exchange for several Pieces or Parcels of Land, situate, lying and being in Seven Oaks, in the County of Kent, enclosed from the Waste of the Manors of Seven Oaks and Knowle, or one of them, and to convey the said several Pieces or Parcels of Land to the said Jeffery Lord Amherst, and his Heirs accordingly."
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 Mr. Ord and Mr. Walker:
To carry down the said Bill, and desire their Concurrence thereto.
Milton Bryant Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Meadows, Common Pastures, and other Commonable Lands and Grounds within the Parish of Milton Bryant, in the County of Bedford."
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 the former Messengers:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Perth Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for explaining, amending, and rendering more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, for repairing certain Roads in the County of Perth; and for making and repairing the Road from Crieff towards Stirling and Alloa, and other Roads in the said County."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Thorngrafton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing a certain Moor, or Tract of Waste Ground, called Thorngrafton Common, and also certain Common Fields or Dales, and Pieces of Land, within the Township of Thorngrafton, all within the Barony or Manor of Wark, and in the Parish of Haltwhistle, in the County of Northumberland."
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 next, at the usual Time and Place; and to adjourn as they please.
Grindon Enclosure Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing a certain Common Moor, or Tract of Waste Ground, called Grindon Common, within the Barony or Manor of Langley, and in the Parish of Warden, in the County of Northumberland."
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.
Langley Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing a certain Common Moor, or Tract of Waste Ground, called Langley South Common, within the Barony or Manor of Langley, and in the Parish of Warden, in the County of Northumberland."
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.
Orston Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Arable Fields, Pastures, Meadows, Commons, and Waste Grounds, within the Townships of Orston and Thoroton, in the Parish of Orston, in the County of Nottingham."
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.
St. Luke's Lighting, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better lighting, cleansing, watching, and regulating the Squares, Streets, Lanes, Alleys, Passages, and Places within the Parish of Saint Luke, in the County of Middlesex; and for removing and preventing Nuisances, Annoyances, and Encroachments within the same."
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.
Derwent or Bubwith Bridge Bill.
The Earl of Derby reported from the Lords Committees, to whom the Bill, intituled, "An Act for building a Bridge over the River Derwent, at or near Bubwith Ferry, in the East Riding of the County of York, and making proper Approaches thereto," 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."
Ulverstone Canal Bill.
The Earl of Derby made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Navigable Cut or Canal from a Place called Hammerside Hill, in the Parish of Ulverstone, in the County Palatine of Lancaster, to a Place called Weint End, near the Town of Ulverstone aforesaid," was committed.
Gartside's Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable John Gartside Esquire, to grant and convey the Inheritance, in Fee Simple, for building upon reserving Rents, or to make building Leases of any Part of his settled Estate, in Little Bolton, in the County of Lancaster," 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 one Amendment thereto."
Ordered, That the said Bill be re-committed to the same Committee; and that they do meet to consider the said Bill on Thursday next.
Journal Committee deferred.
Ordered, That the Sitting of the Sub-Committee, appointed for printing the Journals of this House, which stands appointed for this Day, be put off to Wednesday next.
Robertson and Berry against His Majesty's Advocate, Committee on, deferred.
Ordered, That the Sitting of the Committee, to whom is refered the Appeal of James Robertson and Walter Berry, Prisoners in the Tolbooth of Edinburgh, from the Court of Justiciary in Scotland, presented on the 1st of this instant May, which stands appointed for this Day, be put off to Wednesday next.
Hastings' Trial:
The Order of the Day being read for the proceeding further in the Trial of Warren Hastings Esquire, upon the Articles of Impeachment brought up against him by the Commons, for High Crimes and Misdemeanors:
The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on Thursday last.
And the Lords being there seated; and the House resumed:
Leave was asked for the Judges to be covered, which was granted.
Then Proclamation was made for Silence; also, Proclamation for the Defendant's Appearance:
Who, coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.
Then the other Proclamation, for all Persons concerned to come forth, was made.
Then the Lord Chancellor said,
"Gentlemen, You who are of Counsel for Mr. Hastings may now proceed in his Defence, and the Lords will be pleased to give Attention."
Then Mr. Plumer was further heard to sum up the Evidence on the second Article of Charge; and being 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 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.
Election of Peers for Scotland Committee deferred.
Ordered, That the Sitting of the Committee for Privileges, to whom is referred the several Petitions relative to the late Return of the Peers chosen for Scotland, which stands appointed for To-morrow, be put off to Monday next.
Dudley Canal Bill.
Ordered, That George Parker do attend on Wednesday next, in order to his being examined as a Witness before the Committee, to whom the Bill, intituled, "An Act for making and maintaining a Navigable Canal from the Dudley Canal, in the County of Worcester, to the Worcester and Birmingham Canal now making at or near Selly Oak, in the said County, and also certain Collateral Cuts to communicate therewith," stands committed.
Ordered, That all the Lords who have been present this Session, and are not named of the Committee, to whom the last-mentioned Bill stands committed, be added thereto.
D. Norfolk Estate Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for enabling Richard William Howard Vyse, an Infant Trustee, to join in making an Exchange of Part of the Estate of the Most Noble Charles Duke of Norfolk, with Francis Ferrand Foljambe Esquire," 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 one Amendment thereto."
Which Amendment being read twice by the Clerk, was agreed to by the House.
Ordered, That the said Bill, with the Amendment, be engrossed.
Burcester Enclosure Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Arable, Meadow, Ley Pasture, and Waste Lands, lying and being within the Township of Burcester-King's-End, otherwise Bicester-King'sEnd, in the Parish of Burcester, otherwise Bicester, in the County of Oxford," stands committed, be revived, and meet To-morrow.
Lever's Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act to enable James Lever of Hindley, in the County of Lancaster Esquire, to make Grants in Fee, and also to grant Building Leases of certain Estates in the Township of Bolton le Moors, in the said County," stands committed, be revived and meet To-morrow.
Heaton's Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act to enable Sarah Heaton Widow, Mother and Guardian of John Heaton, a Minor, to grant building Leases, during his Minority, of Ground in the Parish of Saint Pancras, in the County of Middlesex," stands committed, be revived and meet To-morrow.
Blackburne's Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of a Leasehold Estate late of John Blackburne Esquire, deceased, and of a Freehold and Leasehold Estate late of Richard Kent Esquire, deceased, and for the Application of the respective Purchase Monies," stands committed, be revived and meet To-morrow.
Idsal Enclosure Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing Five Open Common Fields, commonly called Shiffnal Town Field, otherwise Pool Field, otherwise Drayton Field, the Wyke Field, the Church Field, otherwise Haughton-Field, Haughton Middle Field, otherwise Patnal Field, and the Upper Field, otherwise Nedge Field, in the Parish of Idsal, otherwise Shiffnal, in the County of Salop," stands committed, be revived and meet To-morrow.
Aston Upthorpe Enclosure Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Meadows, Common Pastures, Downs, Waste Grounds, and Commonable Places, within the Hamlet of Aston Upthorpe, in the Parish of Blewbury, in the County of Berks," stands committed, be revived and meet To-morrow.
Hedon Road Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for continuing the Term and enlarging the Powers of two Acts passed in the Eighteenth Year of the Reign of His late Majesty King George the Second, and the Seventh Year of the Reign of His present Majesty, for repairing the Road leading from a Gate commonly called Sacred Gate, on the South East Side of the Town of Hedon, in the East Riding of the County of York, through the said Town to Hull North Bridge, and for amending the Road from the present Turnpike Bar in Wyton Holmes, through the Townships of Wyton and Sproatley, to the Guide Post in Flinton Lane, near Humbleton Moor House, in the same Riding," stands committed, be revived and meet To-morrow.
Brown's Divorce Bill.
Ordered, That the Amendment made by the Commons, to the Bill, intituled, "An Act to dissolve the Marriage of Edward Brown Esquire with Susannah Solley, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," be taken into Consideration on Wednesday next.
Liverpool Notes Bill.
A Message was brought from the House of Commons, by Mr. Gascoyne and others:
With a Bill, intituled, "An Act to enable the Common Council of the Town of Liverpool, in the County of Lancaster, on Behalf and Account of the Corporation of the said Town, to issue Negotiable Notes for a limited Time, and to a limited Amount;" to which they desire the Concurrence of this House.
Shrewsbury Canal Bill.
A Message was brought from the House of Commons, by Mr. Hill and others:
With a Bill, intituled, "An Act for making and maintaining a Navigable Canal from the North End of the Shropshire Canal, in the Township of Rockwardine Wood, in the County of Salop, to the Town of Shrewsbury, in the said County;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Oakham Canal Bill.
A Message was brought from the House of Commons, by Mr. Heathcote and others:
To return the Bill, intituled, "An Act for making and maintaining a Navigable Cut or Canal from the Melton Mowbray Navigation, in the County of Leicester, to Oakham, in the County of Rutland;" and to acquaint this House, That they have agreed to Their Lordships' Amendments made thereto.
Allington Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Chiswell and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Arable Fields, and other un-enclosed Lands within the Manor or Manors of Allington, in the County of Lincoln;" to which they desire the Concurrence of this House.
Expiring Laws Bill.
A Message was brought from the House of Commons, by Mr. Stanley and others:
With a Bill, intituled, "An Act to continue several Laws relating to the landing Rum or Spirits of the British Sugar Plantations, before Payment of the Duties of Excise; to the giving further Encouragement to the Importation of Naval Stores from the British Colonies in America; to the granting Liberty to carry Sugars of the Growth, Produce, or Manufacture of any of His Majesty's Sugar Colonies, directly to foreign Parts, in Ships built in Great Britain, and navigated according to Law; to the permitting the Exportation of Tobacco Pipe Clay from this Kingdom to the British Sugar Colonies or Plantations in the West Indies; to the granting a Bounty on certain Species of British and Irish Linens exported, and taking off the Duties on the Importation of foreign Raw Linen Yarns made of Flax; to the prohibiting the Exportation of Tools and Utensils made use of in the Iron and Steel Manufactures of this Kingdom, and to prevent the seducing of Artificers and Workmen employed in those Manufactures to go into Parts beyond the Seas; to the ascertaining the Strength of Spirits by Clarke's Hydrometer, and to revive and continue an Act made in the Twentythird Year of His present Majesty's Reign, for the more effectual Encouragement of the Manufactures of Flax and Cotton in Great Britain;" to which they desire the Concurrence of this House.
Commercial Credit Bill.
A Message was brought from the House of Commons, by the Chancellor of the Exchequer and others:
With a Bill, intituled, "An Act for enabling His Majesty to direct the Issue of Exchequer Bills to a limited Amount, for the Purposes and in the Manner therein mentioned;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Ordered, That the last-mentioned Bill be printed.
Lords summoned.
Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.
Prize Captors Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
With a Bill, intituled, "An Act for the Relief of the Captors of Prizes, with respect to the bringing and landing certain Prize Goods in this Kingdom;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Debtors' Relief Bill.
The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for amending the Law of Imprisonment on Mesne Process; for better regulating the Law and Practice of Bail; and for the Relief of unfortunate, and the Punishment of fraudulent Insolvent Debtors;" and for the Lords to be summoned:
The House was adjourned during Pleasure, and put into a Committee upon the said Bill.
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had made a Progress in the Bill, and desired that another Time might be appointed for the Committee to sit again."
Ordered, That the House be again put into a Committee upon the said Bill on Thursday next; and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, septimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.