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: April 1791 1-10', 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/pp97-111 [accessed 22 December 2024].
'House of Lords Journal Volume 39: April 1791 1-10', 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/pp97-111.
"House of Lords Journal Volume 39: April 1791 1-10". 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/pp97-111.
In this section
April 1791 1-10
DIE Veneris, 1o Aprilis 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Graham et al. against Russell et al:
After hearing Counsel as well on Wednesday last, as this Day, upon the Petition and Appeal of Mrs. Jean Graham Spouse of Thomas Hay Surgeon in Edinburgh, Captain Samuel Stevenson Graham, and Captain James Graham, three of the five Grandchildren and Legatees of the deceased Mr. Samuel Stevenson Merchant in Edinburgh, and the said Thomas Hay for his Interest; complaining of an Interlocutor of the Lords of Session in Scotland of the 9th of February 1790; and praying, "That the same might be reversed, varied, or amended, or that the Appellants might have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, should seem just;" as also upon the Answer of John Russell junior, Clerk to the Signet, Trustee for Samuel Stevenson, Surgeon in Edinburgh, and his Creditors, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutor affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal be, and the same is hereby affirmed, with the following Addition, (videlicet) "Without Prejudice to any Question that may arise upon the Death of Janet Irvine."
E. Ilchester takes the Oaths.
This Day Henry Thomas Earl of Ilchester took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Staunton's Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Estates, late of or belonging to Thomas Staunton Esquire deceased, in the Counties of Essex, Suffolk, and Buckingham, in Trustees to be sold; and for applying the Money to arise therefrom in such Manner as therein is 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.
Chippenham Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing, enclosing, and laying in Severalty the Open and Common Fields, Heaths, and Commonable Lands, within the Township of Chippenham, in the County of Cambridge."
King's Lynn (South Gate) Roads Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for repairing and widening the several Roads from the South Gate in the Borough of King's Lynn into the Parishes of East Walton, Narborough, Stoke Ferry, and Downham, in the County of Norfolk."
King's Lynn (East Gate) Roads Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for continuing an Act of the Tenth Year of His present Majesty, for repairing and widening the Roads from the East Gate in the Borough of King's Lynn, into the Parishes of Geyton and Grimstone; and to the Gate next Hillington on Congham Common, and to the North End of Babingley Lane, in the County of Norfolk."
Eastwood Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds within the Parish of Eastwood, in the County of Nottingham."
Brighton Roads Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty, for repairing and widening the Roads leading from Brighthelmston to the County Oak on Lovell Heath, in the County of Sussex."
Lewes Roads Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to continue the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from Lewes to Brighthelmston, in the County of Sussex."
Selby Bridge Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for building a Bridge near the Ferry over the River Ouze, from Selby, in the West Riding of the County of York, to the opposite Shore, in the Parish of Hemingborough, in the East Riding of the said County."
Milford Road Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for opening a new Road from Milford, in the County of Pembroke to Stainton, and for amending and widening the Road from the said new Road, through Stainton and Johnson, to Merlins Bridge, in the same County."
Oswestry, &c. Poor Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor belonging to the Town of Oswestry, and to certain Parishes within the Hundred of Oswestry, in the County of Salop, and to such Part of the Parish of Llanymynech as lies within the said Hundred, and to the Parish of Chirk, in the County of Denbigh; and to the Parish of Llansilin, in the Counties of Salop and Denbigh."
Little Woolston Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Waste and other Commonable Lands, and Grounds, in the Parish of Little Woolston, in the County of Bucks."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Barston, &c. Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Pastures, Meadows, Woods, and other Commonable Lands and Waste Grounds, within the Parishes of Barston otherwise Barkestone and Plungar, in the County of Leicester."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Hose Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Meadows, and Pastures, and other Commonable Lands and Waste Grounds within the Parish of Hose in the County of Leicester."
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 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.
E. Warwick Exchange Bill.
A Message was brought from the House of Commons, by the Lord Arden and others:
To return the Bill, intituled, "An Act for establishing and confirming an Agreement made between William Parkes, and Thomas Read, and Mary his Wife, and the Right Honourable George Earl Brooke of Warwick Castle and Earl of Warwick, for the Exchange of certain Lands in the County of Warwick, and in the Borough of Warwick, in the said County;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Montrose Bridge Bill.
A Message was brought from the House of Commons, by Mr. Scott and others:
With a Bill, intituled, "An Act for building a Bridge over the River South Esk, at or near the Town of Montrose in the County of Forfar;" to which they desire the Concurrence of this House.
Deal Paving Bill.
A Message was brought from the House of Commons, by Mr. Gipps and others:
With a Bill, intituled, "An Act for repairing, paving and cleansing the Highways, Streets, and Lanes, within the Town and Borough of Deal, in the County of Kent, and for removing and preventing Encroachments, Obstructions, Nuisances, and Annoyances therein;" to which they desire the Concurrence of this House.
The said two Bills were, severally, read the First Time.
St. Pancras Paving Bill.
The Lord Cathcart reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend an Act made in the Twelfth Year of the Reign of His present Majesty, intituled, An Act for paving, lighting, cleansing, watering, and watching the Streets, and other public Places, within such Part of the Parish of Saint Pancras in the County of Middlesex, as lies on the West Side of Tottenham Court Road, and for preventing Nuisances and Obstructions therein; and for obliging the Trustees for the Care of the said Road, to pave, repair and cleanse such Part of the said Road as is therein described," 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."
The Order of the Day being read for the Lords to be summoned:
Russia and the Porte, Motions respecting, negatived.
It was moved, "That His Majesty's Message, delivered to the House on Monday last relative to Russia and the Porte, be now read."
The same was accordingly read by the Clerk.
Then it was moved, "That the Copy of the Treaty of Defensive Alliance between His Majesty and the King of Prussia, signed at Berlin the 13th of August 1788, delivered to the House on the 16th of March 1789, be now read."
The same was accordingly read by the Clerk.
Then it was moved to resolve, "That Great Britain hath not become bound, by either the expressed or implied Engagements of the Treaty of defensive Alliance with His Prussian Majesty, or with the United Provinces, to take hostile Measures in order to compel the Empress of Russia to relinquish the Advantages gained by her Arms in the Oczakow Tartary and in Bessarabia."
Which being objected to, and a Question stated thereupon;
After long Debate,
The previous Question was put, "Whether the said Question shall be now put?"
It was resolved in the Negative.
Then it was moved to resolve. "That the Progress of the Russian Arms in the Oczakow Tartary, and in Bessarabia, is not an adequate nor just Cause for Great Britain to make War against the Empress of Russia."
Which being objected to, and a Question stated thereupon;
The previous Question was put, "Whether the said Question shall be now put?"
It was resolved in the Negative.
Then it was moved to resolve, "That the Refusal of Conditions of Peace proposed by a Power offering Mediation, is no just Cause for hostile Measures in Support of the Mediation so rejected."
Which being objected to, and a Question stated thereupon;
The previous Question was put, "Whether the said Question shall be now put?"
It was resolved in the Negative.
Treaties between East India Company, and Nabob of Arcot, to be delivered.
Ordered, That the proper Officer do lay before this House, "Copies of the Two latest Treaties between the East India Company and the Nabob of Arcot."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 4o Aprilis 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Falzieff and Sir W. Forbes against Elphinston:
This Day being appointed for hearing Counsel upon the original Petition and Appeal of Major Michael Falzieff, of Saint Petersburgh, Merchant, and Sir William Forbes Baronet, his Attorney, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 9th and 27th of February, and 8th of March 1787; also of Five Interlocutors of the Lord Ordinary there, of the 11th of March, 18th of July, 9th of August, and 25th of November 1788, and 11th of March 1789; also of another Interlocutor of the said Lords, of the 18th of November 1789, and also of another Interlocutor of the said Lord Ordinary, of the 8th of March 1790; and praying, "That the same, in so far as the several Sums claimed by the Petitioners' original Action, and in the Condescendences put in by him, are not decreed to be paid to him, or are in any way modified or restricted, might be reversed, varied, or amended, or that the Appellants might have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, should seem proper;" and likewise upon the Cross Appeal of the Honourable William Elphinstone and John Gardner, late Master of the Paiseley of Carron, a private Ship of War, complaining of certain Parts of Three Interlocutors of the Lords of Session in Scotland, of the 9th and 27th of February, and 8th of March 1787; also of Seven Interlocutors of the Lord Ordinary there, of the 20th of July 1787, the 11th of March, 25th of June, 18th of July, and 9th of August 1788, and 14th of February and 3d of March 1789; also of another Interlocutor of the said Lords, of the 18th of November 1789, and also of another Interlocutor of the said Lord Ordinary, of the 8th of March 1790; and praying, "That the same might be reversed, varied or altered, in so far as the Petitioners have been subjected to the Claims of the Pursuers, 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 Captain William Elphinstone, put in to the said original Appeal, and the Answer of Major Michael Falzieff, of Saint Petersburgh, Merchant, and his Attorney, put in to the said Cross Appeal; and Counsel appearing for the Appellants and Respondents in the said Appeals, the first Counsel for the Appellants was in part heard upon the same.
The Counsel were directed to withdraw.
Referred to Court of Admiralty.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, (by the Consent of the Appellants and Respondents in these Causes,) That it be referred to the Registrar of the Court of Admiralty in England to take an Account of Demurrage and Damage of the Ship and Cargo mentioned in the said Causes, according to the Order of this House of the 14th of August 1784: And it is further Ordered, That the Consideration of what shall be done on the said Appeal and Cross Appeal be reserved till the said Registrar shall have made his Report.
Staunton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Estates late of or belonging to Thomas Staunton Esquire deceased, in the Counties of Essex, Suffolk and Buckingham, in Trustees to be sold, and for applying the Money to arise therefrom in such Manner as is therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Montagu:
To carry down the said Bill, and desire their Concurrence thereto.
St. Pancras Paving Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Twelfth Year of the Reign of His present Majesty, intituled, "An Act for paving, lighting, cleansing, watering, and watching the Streets and other public Places within such Part of the Parish of Saint Pancras, in the County of Middlesex, as lies on the West Side of Tottenham Court Road, and for preventing Nuisances and Obstructions therein, and for obliging the Trustees for the Care of the said Road to pave, repair, and cleanse such Part of the said Road as is therein described."
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.
King's Lynn (South Gate) Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty for repairing and widening the several Roads from the South Gate, in the Borough of King's Lynn, into the Parishes of East Walton, Narborough, Stoke Ferry, and Downham, in the County of Norfolk."
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.
King's Lynn (East Gate) Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing an Act of the Tenth Year of His present Majesty, for repairing and widening the Roads from the East Gate, in the Borough of King's Lynn, into the Parishes of Geyton and Grimstone, and to the Gate next Hillington on Congham Common, and to the North End of Babingley Lane, in the County of Norfolk."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day at the same Place; and to adjourn as they please.
Selby Bridge Road.
Hodie 2a vice lecta est Billa, intituled, "An Act for building a Bridge near the Ferry over the River Ouze, from Selby, in the West Riding of the County of York, to the opposite Shore, in the Parish of Hemingborough, in the East Riding of the said County."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Eastwood Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Parish of Eastwood, 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 Friday next, at the usual Time and Place; and to adjourn as they please.
Lewes Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to continue the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from Lewes to Brighthelmston, in the County of Sussex."
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.
Milford Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for opening a new Road from Milford, in the County of Pembroke, to Stainton, and for amending and widening the Road from the said new Road, through Stainton and Johnson to Merlin's Bridge, in the same County."
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.
Oswestry, &c. Poor Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor belonging to the Town of Oswestry, and to certain Parishes within the Hundred of Oswestry, in the County of Salop, and to such Part of the Parish of Llanymynech as lies within the said Hundred; and to the Parish of Chirk, in the County of Denbigh; and to the Parish of Llansilin, in the Counties of Salop and Denbigh."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Deal Paving Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, paving, and cleansing, the Highways, Streets, and Lanes, within the Town and Borough of Deal, in the County of Kent; and for removing and preventing Encroachments Obstructions, Nuisances, and Annoyances therein."
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.
Norfolk Woolcombers Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually preventing Frauds and Abuses committed by Persons employed in the Manufacture of combing Wool and worsted Yarn, in the County of Norfolk and City of Norwich, and County of the same City."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill on Monday next.
Ogilvie against Wingate.
Upon reading the Petition of James Ogilvie Esquire, Collector of Excise for the County of Fife, Appellant in a Cause depending in this House, to which Thomas Wingate is Respondent, which stands appointed for hearing; setting forth, "That this Cause turns upon a general Question, "Whether the Prerogative Process of the Crown, attaching growing Corns and other Fruits of the Ground, be or be not preferable to that Right which a Landlord has by the Law of Scotland, called his Hypothec;" "That the Determination of this Question is of great Importance in the Collection of the Revenue of Excise in North Britain, and several Suits are now depending in the Courts there, which the Decision in this case will rule; that in these Circumstances the Petitioner gave Notice to the Respondent, that he meant to apply to Their Lordships to hear the Cause upon an early Bye-Day, and both Parties have prepared their Cases, which are now on their Lordships' Table;" and therefore praying, "Their Lordships will be pleased to order this Cause to be heard on Saturday next, or on such other early Day as Their Lordships shall think most proper, the Agent for the said Respondent having signed the said Petition, as consenting thereto:"
It is Ordered, That this House will hear the said Cause by Counsel at the Bar on Saturday next, as desired.
King's Sedgmoor Enclosure Bill.
Hodie 2a vice lecta est Bill, intituled, "An Act for draining and dividing a certain Moor, or Tract of Waste Land, called King's Sedgmoor, in the County of Somerset."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday the 13th Day of this instant April, at the usual Time and Place, and to adjourn as they please.
Brighton Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty, for repairing and widening the Roads leading from Brighthelmstone to the County Oak on Lovell Heath, in the County of Sussex."
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.
Chapel Road Bill.
The Lord Hawke reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act of the Fifth Year of His present Majesty, for repairing the Road from Chapel-on-the-Heath, in the County of Oxford, to Bourton-on-the-Hill, in the County of Gloucester," 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."
Treaties between East India, Company and Nabob of Arcot delivered.
The House being informed, "That Mr. Morton from the Directors of the East India Company attended:"
He was called in, and delivered at the Bar, pursuant to an Order of Friday last,
"Copies of the two latest Treaties between the East India Company, and the Nabob of Arcot."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Copies do lie on the Table.
Ordered, That the said Copies be printed.
Trafford to take the Name of Southwell, Bill.
The Lord Hawke reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Dame Jane Trafford, Widow and Relict of Sir Clement Trafford Knight, deceased, to take and use the Surname of Southwell, pursuant to the Will of Edward Southwell Esquire, deceased," was committed: "That they had considered the Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and made one Amendment thereto."
Which Amendment was read by the Clerk, as follows; (videlicet)
"Pr. 3. L. 37. Leave out ("only")"
And the said Amendment, being read a Second Time, was agreed to by the House.
Duke Brandon takes the Oaths.
This Day Douglas Duke of Brandon took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Loes and Wilford Poor Bill.
A Message was brought from the House of Commons, by Sir John Rous and others:
With a Bill, intituled, "An Act for the better Relief and Employment of the Poor within the Hundreds of Loes and Wilford, in the County of Suffolk;" to which they desire the Concurrence of this House.
Militia Pay Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for defraying the Charge of Pay and Cloathing of the Militia, in that Part of Great Britain called England, for one Year, beginning the Twenty-fifth Day of March, One thousand seven hundred and ninety-one;" to which they desire the Concurrence of this House.
The said two Bills were, severally, read the First Time.
Dean and Chapter of Canterbury's Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
To return the Bill, intituled, "An Act for enabling the Dean and Chapter of Canterbury and Thomas Clutton to grant Building Leases, pursuant to an Agreement entered into for that Purpose;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Abp. York's Exchange Bill.
Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee, to whom the Bill, intituled, "An Act for establishing and confirming a certain Exchange agreed upon between His Grace the Archbishop of York, and William Markham Esquire, of certain Lands and Hereditaments of the said Archbishop, called Beckey Grange, in the Parish of Abberford, in the County of York; for certain Lands and Hereditaments of the said William Markham, situate at Langthorne and Crakehall, in the Parishes of Bedale and Hornby, or one of them, in the said County," stands committed, be added to the said Committee.
Alcester Road Bill.
A Message was brought from the House of Commons, by the Lord Beauchamp and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road leading from the Alcester and Evesham Turnpike Road at the End of Wixford Lane, in the County of Warwick, to Chipping Campden, and from thence to Upton Old Lane, in the County of Gloucester;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Land Tax, Net Receipts, and Duties upon Rum, Accounts ordered.
Ordered, That the proper Officer do lay before this House, "The Net Receipt into the Exchequer from the Land Tax, from the 5th January 1789, to 5th January 1790, and from 5th January 1790, to 5th January 1791, explaining the Causes of any Alteration in the Receipts in either Year, so far as they may appear to the said Officer."
Also, "An Account of the Duties paid upon Rum, between 1st December 1789, and 1st January 1790; and a similar Account for the Month between 1st December 1790, and 1st January 1791."
Lords summoned.
The Order of the Day being read for the Lords to be summoned:
Ordered, That all the Lords be summoned to attend the Service of the House on Monday next.
Treaties between East India Company, and the Nizam and Mahrattas, ordered.
Ordered, That the proper Officer do lay before this House, "A Copy of the Treaty between the East India Company and the Nizam in the Year 1768."
Also, "A Copy of the Treaty between the East India Company and the Mahrattas at Salbey, in the Year 1782."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 5o Aprilis 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Norvicen. |
Ds. Thurlow, Cancellarius. Comes Glasgow. |
Ds. Cathcart. Ds. Torphichen. Ds. Harrowby. |
PRAYERS.
Abp. York's Exchange Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for establishing and confirming a certain Exchange agreed upon, between His Grace the Archbishop of York, and William Markham Esquire, of certain Lands and Hereditaments of the said Archbishop called Beckey Grange, in the Parish of Abberford, in the County of York, for certain Lands and Hereditaments of the said William Markham, situate at Langthorne and Crakehall, in the Parishes of Bedale and Hornby, or One of them, in the said County," 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."
Ordered, That the said Bill be engrossed.
King's Lynn (South Gate) Roads Bill.
The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for repairing and widening the several Roads from the South Gate in the Borough of King's Lynn, into the Parishes of East Walton, Narborough, Stoke Ferry, and Downham, in the County of Norfolk," 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."
King's Lynn (East Gate) Roads Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing an Act of the Tenth Year of His present Majesty, for repairing and widening the Roads from the East Gate in the Borough of King's Lynn, into the Parishes of Geyton and Grimstone, and to the Gate next Hillington on Congham Common, and to the North End of Babingley Lane, in the County of Norfolk," was committed.
Ross Roads Bill.
The Lord Cathcart also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and varying the Powers of an Act of the Thirteenth Year of His present Majesty, for repairing and widening certain Roads leading into the Town of Ross, in the County of Hereford; and for amending, widening, and keeping in Repair, certain Streets or Highways within the said Town, and also certain small Pieces of Road communicating with the Roads comprized in the said Act," was committed.
Perkins et al. against Doe:
Upon reading the Petition of Thomas Perkins and others, Plaintiffs in a Writ of Error depending in this House, wherein John Doe is Defendant, which stands appointed for hearing; setting forth, "That the Matters in Dispute between the Petitioners and the Defendant having been amicably settled, the Petitioners are therefore desirous of withdrawing their Assignment of Errors, and do not intend to prosecute the Matter any further;" and therefore praying Their Lordships, That they may be at Liberty to withdraw their Assignment of Errors, and that the same may be nonpros'd without Costs, the Agent for the Defendant in Error having signed the said Petition, as consenting thereto:"
Writ of Error non-pros'd.
It is Ordered, That the Petitioners be at Liberty to withdraw their said Assignment of Errors as desired; and that the Defendant in Error do forthwith enter a Non-pros on the said Writ of Error; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House.
Militia Pay Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for defraying the Charge of Pay and Cloathing of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March, One thousand seven hundred and ninetyone."
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.
Alcester Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from the Alcester and Evesham Turnpike Road at the End of Wixford Lane, in the County of Warwick, to Chipping Campden, and from thence to Upton Old Lane, in the County of Gloucester."
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.
Loes and Wilford Poor Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor within the Hundreds of Loes and Wilford, in the County of Suffolk."
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.
Chapel Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act of the Fifth Year of His present Majesty, for repairing the Road leading from Chapel-on-the-Heath, in the County of Oxford, to Bourton-on-the-Hill, in the County of Gloucester."
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. Holford and Mr. Montagu:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Trafford to take the Name of Southwell, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Dame Jane Trafford, Widow and Relict of Sir Clement Trafford Knight, deceased, to take and use the Surname of Southwell, pursuant to the Will of Edward Southwell Esquire, deceased."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by the former Messengers:
To return the said Bill, and acquaint them, That the Lords have agreed to the same, with one Amendment, to which Their Lordships desire their Concurrence.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 6o Aprilis 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths.
This Day Henry Duke of Newcastle, and Thomas Lord Camelford, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bailie against Chalmers:
After hearing Counsel this Day upon the Petition and Appeal of James Baillie, of Olivebank, complaining of an Interlocutor of the Lord Ordinary in Scotland of the 16th of February 1790, in so far as he is thereby found personally liable in the Expences of Process and in the Expence of Extract; and praying, "That the same, in so far as is complained of, might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, should seem just;" as also upon the Answer of Mrs. Elizabeth Chalmers, Relict of Archibald Scott, late Surgeon in Musselburgh, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Part of the said Interlocutor complained of by the said Appeal be and the same is hereby reversed, in so far as it finds generally that the said James Baillie is personally liable to Mrs. Elizabeth Chalmer for the said Sum of Six hundred and eighty-eight Pounds of Expences of Process, and in the Expence of Extract which the said Helen Douglas, his Wife, was decerned to pay to the Pursuers; but it is hereby declared, that the said James Baillie is responsible for the Conduct of the Cause, so far as the same is malicious, vexatious, and calumnious: And it is further Ordered, That the Cause be remitted to the Court of Session in Scotland, and that the said Court do enquire how much of the said Sum of Six hundred and eighty-eight Pounds of Expences of Process and the Expence of Extract has been occasioned by the malicious, vexatious, and calumnious Conduct of the Defence in the said Cause.
King's Answer to Address.
The Lord Chancellor reported, "That the Lords, with white Staves, had (according to Order) waited on His Majesty with Their Lordships' Address of the 29th of March last; and that His Majesty was pleased to receive the same very graciously."
Selby Bridge Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for building a Bridge near the Ferry over the River Ouze, from Selby, in the West Riding of the County of York, to the opposite Shore, in the Parish of Hemingborough, in the East Riding of the said County," 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."
Oswestry, &c. Poor Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the better Relief and Employment of the Poor belonging to the Town of Oswestry, and to certain Parishes within the Hundred of Oswestry, in the County of Salop, and to such Part of the Parish of Llanymynech as lies within the said Hundred; and to the Parish of Chirk, in the County of Denbigh; and to the Parish of Llansilin, in the Counties of Salop and Denbigh," was committed.
Mary Port Harbour Bill.
The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of Two Acts made, one in the Twenty-second and the other in the Twenty-ninth Year of the Reign of King George the Second, for repairing, enlarging, and preserving the Harbour of Mary Port, in the County of Cumberland," was committed.
Bermondsey Poor Bill.
The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for amending and enlarging the Powers of and rendering more effectual an Act, made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for ascertaining and collecting the Poor's Rates, and for better regulating the Poor, in the Parish of Saint Mary Magdalen, Bermondsey, in the County of Surrey, and for other the Purposes therein mentioned," was committed.
Alcester Road Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road leading from the Alcester and Evesham Turnpike Road at the End of Wixford Lane, in the County of Warwick, to Chipping Campden, and from thence to Upton Old Lane, in the County of Gloucester," 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 made One Amendment thereto."
Which Amendment was read by the Clerk, as follows; (videlicet)
"Pr. 26. L. 38. After ("thereof") insert Clause (A).
Clause (A) "And be it further enacted, That the Money or Satisfaction to be paid for any Lands which shall be purchased, taken or used, for the Purposes of this Act, belonging to any Corporation or other incapacitated Persons, shall be paid to such Person or Persons as such Corporation, or the Guardians, Trustees, Committees, or Attornies of such incapacitated Persons, shall respectively nominate and appoint to receive the same in Trust, with all convenient Speed, to be re-invested in the Purchase of other Lands or Hereditaments which shall be conveyed and settled upon and subject to the like Uses, Trusts, and Limitations as the Lands belonging to such Corporation or other incapacitated Persons shall be then settled, limited, or assured."
And the said Amendment, being read a second Time, was agreed to by the House.
Montrose Bridge Road Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for building a Bridge over the River South Esk, at or near the Town of Montrose, in the County of Forfar."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Petition against it.
Upon reading the Petition of Sir David Carnegie Baronet, of Southesk, John Erskine Esquire, of Dun, and Thomas Carnegy Esquire, of Ordigo. Owners of Estates adjoining to or near the River South Esk, in the County of Forsar, taking Notice of the last-mentioned Bill; and praying Their Lordships, "That they may be heard by themselves or their Counsel against such Clauses of the said Bill as are prejudicial to the Interests of the Petitioners:"
It is Ordered, That the said Petition be referred to the Lords Committees, to whom the said Bill stands committed, with Liberty for the Petitioners to be heard, by themselves or their Counsel, against the said Clauses as desired; as also Counsel be heard for the Bill at the same Time, if they think fit.
Abp. York's Exchange Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for establishing and confirming a certain Exchange agreed upon, between His Grace the Archbishop of York and William Markham Esquire, of certain Lands and Hereditaments of the said Archbishop called Beckey Grange, in the Parish of Abberford, in the County of York, for certain Lands and Hereditaments of the said William Markham, situate at Langthorne and Crakeball, in the Parishes of Bedale and Hornby, or one of them, in the said County."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Montagu:
To carry down the said Bill, and desire their Concurrence thereto.
King's Lynn (South Gate) Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for repairing and widening the several Roads from the South Gate, in the Borough of Kyng's Lynn, into the Parishes of East Walton, Narborough, Stoke Ferry, and Downham, in the County of Norfolk."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
King's Lynn (East Gate) Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act of the Tenth Year of His present Majesty, for repairing and widening the Roads from the East Gate, in the Borough of King's Lynn, into the Parishes of Geyton and Grimstone, and to the Gate next Hillington, on Congham Common, and to the North End of Babingley Lane, in the County of Norfolk."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Ross Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term, and varying the Powers of an Act of the Thirteenth Year of His present Majesty, for repairing and widening certain Roads leading into the Town of Ross, in the County of Hereford; and for amending, widening, and keeping in Repair certain Streets or Highways within the said Town, and also certain small Pieces of Road communicating with the Roads comprised in the said Act."
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 three 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.
Trustees of Wilde's Charity, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Robert Potter Clerk 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 and establishing an Exchange agreed upon between the Trustees of Wilde's Charity and Robert Sparrow Esquire, and Mary Bence Spinster, of certain Estates in the County of Suffolk."
Militia Pay Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for desraying the Charge of Pay and cloathing of the Militia, in that Part of Great Britain called England, for one Year, beginning the Twenty-fifth Day of March, One thousand seven hundred and ninety-one."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Treaties between East India Company and the Nizam and Mahrattas delivered.
The House being informed, "That Mr. Morton, from the Directors of the East India Company, attended:"
He was called in, and delivered at the Bar, pursuant to the Order of Monday last,
No. 1. "Copy of the Treaty between the East India Company and the Nizam, in the Year 1768."
2. "Copy of the Treaty between the East India Company and the Mahrattas at Salbay, in the Year 1782;" together with a List thereof:
Which being read by the Clerk;
Ordered, That the said Copies do lie on the Table.
Ordered, That the same be printed.
Carnatic and Tanjore, Correspondence respecting Management, by Government of Madrass, ordered.
Ordered, That the Directors of the East India Company do lay before this House, "Copies of the Correspondence between the Government of Bengal and Madras, and the Nabob of Arcot and the Rajah of Tanjore, relative to the Government of Madras having assumed the Management of the Revenues and Country of the Carnatic and Tanjore."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 7o Aprilis 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Norvicen. |
Ds. Thurlow, Cancellarius. Viscount Stormont. |
Ds. Cathcart. Ds. Torphichen. Ds. Rawdon. |
PRAYERS.
Earl Fitzwilliam et al. Petition referred to Judges.
Upon reading the Petition of the Right Honourable William Wentworth Fitzwilliam, Earl Fitzwilliam, the Right Honourable Martin Bladen Hawke, Lord Hawke, and Francis Ferrand Foljambe, of Aldwarke, in the County of York, 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 the Lord Chief Baron of the Court of Exchequer and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Webb's Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to empower Nathaniel Webb Esquire, and others, to grant building and repairing Leases of certain Estates in the Parish of Saint-Giles-in-the-Fields, in the County of Middlesex," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and 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.
Milford Road Bill.
The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for opening a new Road from Milford, in the County of Pembroke, to Stainton; and for amending and widening the Road from the said new Road, through Stainton and Johnson, to Merlin's Bridge, in the same County," 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."
Lewes Road Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to continue the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty, King George the Third, for repairing and widening the Road from Lewes to Brighthelmston, in the County of Sussex," was committed.
Loes and Wilford Poor Bill.
Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee, to whom the Bill, intituled, "An Act for the better Relief and Employment of the Poor within the Hundreds of Loes and Wilford, in the County of Suffolk," stands committed, be added to the said Committee.
Montrose Bridge Bill.
Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee, to whom the Bill, intituled, "An Act for building a Bridge over the River South Esk, at or near the Town of Montrose, in the County of Forfar," stands committed, be added to the said Committee.
Militia Pay Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for defraying the Charge of Pay and cloathing of the Militia, in that Part of Great Britain called England, for one Year, beginning the Twenty-fifth Day of March, One thousand seven hundred and ninetyone."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Selby Bridge Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for building a Bridge near the Ferry over the River Ouze from Selby, in the West Riding of the County of York, to the opposite Shore, in the Parish of Hemingborough, in the East Riding of the said County."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Oswestry &c. Poor Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor belonging to the Town of Oswestry, and to certain Parishes within the Hundred of Oswestry in the County of Salop, and to such Part of the Parish of Llanymynech as lies within the said Hundred; and to the Parish of Chirk in the County of Denbigh; and to the Parish of Llansilin, in the Counties of Salop and Denbigh."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Mary Port Harbour Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of Two Acts made, One in the Twenty-second, and the other in the Twenty-ninth Year of the Reign of King George the Second, for repairing, enlarging, and preserving the Harbour of Mary Port, in the County of Cumberland."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Bermondsey Poor Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending and enlarging the Powers of, and rendering more effectual an Act made in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, "An Act for ascertaining and collecting the Poor's Rates, and for better regulating the Poor in the Parish of Saint Mary Magdalen, Bermondsey, in the County of Surrey, and for other the Purposes therein mentioned."
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 the Five preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr Holford and Mr. Montagu:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Alcester Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening and keeping in Repair the Road leading from the Alcester and Evesham Turnpike Road at the End of Wixford Lane, in the County of Warwick, to Chipping Campden, and from thence to Upton Old Lane, in the County of Gloucester."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by the former Messengers:
To return the said Bill, and acquaint them, That the Lords have agreed to the same, with one Amendment; to which Their Lordships desire their Concurrence.
Wilde's Charity Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for effectuating and establishing an Exchange agreed upon between the Trustees of Wilde's Charity and Robert Sparrow Esquire, and Mary Bence Spinster, of certain Estates in the County of Suffolk."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on the first Day of Meeting after the Recess at Easter, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Cecil's Divorce Bill, Mrs. Cecil's Petition to be heard against.
Upon reading the Petition of Emma Cecil, setting forth, "That the Petitioner hath been served with a Copy of a Bill depending in this House, intituled, An Act to dissolve the Marriage of Henry Cecil Esquire, with Emma Vernon his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:" That the said Henry Cecil, on his Marriage with the Petitioner, became intitled to a very large Estate and Fortune of the Petitioner, the whole of which is by certain Clauses in the said Bill taken away from her, without any Provision being made for her Support or Maintenance out of the same: That by the Settlement made on the Petitioner's Marriage with the said Henry Cecil, a certain annual Allowance, by way of Pin Money, payable out of the Estate of the Earl of Exeter, a Relation of the said Henry Cecil, was settled on the Petitioner for her sole and separate Use during the Joint Lives of the Petitioner and the said Henry Cecil, of which Allowance she will be wholly deprived by the said Bill, and the same will revert to the said Earl: That the Petitioner apprehends and is advised, that besides the extreme Hardships she would suffer by being deprived of the whole of the said Estate, the said Bill, if passed into a Law, would vest in the said Henry Cecil certain Powers over the said Estate, which might be prejudicial to the Persons claiming next after the Petitioner in Remainder or Reversion; and that the said Bill, if passed into a Law as it now stands, would in other Respects be highly injurious to the Petitioner;" and therefore praying their Lordships, That she may be heard by her Counsel against such of the Clauses of the said Bill as introduce the Grievances aforesaid, and that she may have such Relief in the Premises, as to this House, in its Wisdom and Justice, may seem meet:"
It is Ordered, in respect of the Petitioner being already allowed to be heard by her Counsel against the said Bill, That the said Petition do lie on the Table.
Rum, Account of Duties on, delivered.
The House being informed, "That Mr. Hooker from the Excise Office attended:"
He was called in, and delivered at the Bar, pursuant to the Order of Monday last,
"An Account of the Duties paid upon Rum between 5th December 1789, and 5th January 1790. And a similar account for the Month, between 5th December 1790, and 5th January 1791."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Account do lie on the Table.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 8o Aprilis 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lord Bagot takes the Oaths.
This Day William Lord Bagot took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Laing against Watson and Mollison:
This Day being appointed for hearing Counsel upon the Petition and Appeal of Patrick Laing Tanner, and Burgess of Brechin; complaining of an Interlocutor of the Lords of Session in Scotland, of the 2d of March 1790; and praying, "That the same in so far as it decerns for the Sum of One hundred and twenty Pounds Stirling, only of Damages and Expences including Agent Fee, might be reversed, varied, or altered, or that the Appellant 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 James Watson Junior, Merchant, and Weaver in Brechin, and Thomas Mollison, Son of the deceased John Mollison, late Provost of Brechin, put in to the said Appeal; and Counsel appearing for the Appellant and Respondents in the said Appeal; the Counsel for the Appellant were fully heard upon the same.
The Counsel were directed to withdraw.
Interlocuors affirmed.
Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House; and that the said Interlocutor therein complained of be and the same is hereby affirmed.
Birmingham Canal Bill.
A Message was brought from the House of Commons, by Mr. Lygon and others:
With a Bill, intituled, "An Act for making and maintaining a Navigable Canal from or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn, near to the City of Worcester;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
M. de Choiseul's Naturalization Bill.
A Message was brought from the House of Commons, by Mr. John Pitt and others:
To return the Bill, intituled, "An Act for naturalizing Jean Baptiste Armand de Choiseul, called Marquis de Choiseul;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Day's Bill.
A Message was brought from the House of Commons, by Mr. John Pitt and others:
To return the Bill, intituled, "An Act for vesting the Bath Estate, situate in the Island of Barbadoes, and late belonging to Edward Day Esquire, deceased, together with the Stock and Effects upon or belonging to the same, in Trustees, to be sold, and conveyed, pursuant to an Agreement for that Purpose; and for applying the Money to arise by such Sale in discharging the Incumbrances thereon; and for other Purposes therein expressed;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Birdham Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Jervoise and others:
With a Bill, intituled, "An Act for dividing and enclosing that Part of the Manhood Common, in the Hundred of Manhood, in the County of Sussex, which lies in the Parish of Birdham, in the same County, commonly called or known by the Name of Birdham Common;" to which they desire the Concurrence of this House.
Westwittering Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Jervoise and others:
With a Bill, intituled, "An Act for dividing and enclosing that Part of the Manhood Common, in the Hundred of Manhood, in the County of Sussex, which lies in the Parish of Westwittering, in the same County, commonly called or known by the Name of Westwittering Common, and also a certain other Open Waste or Common called Cackham Green, in the same Parish;" to which they desire the Concurrence of this House.
Southampton Church Bill.
A Message was brought from the House of Commons, by Mr. Amyatt and others:
With a Bill, intituled, "An Act for taking down and re-building the Parish Church of All Saints, within the Town and County of the Town of Southampton, and for purchasing Land for the Purpose of a Church Yard, for the Use of the said Parish;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Smith's Charity Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
To return the Bill, intituled, "An Act for enabling the Trustees of Henry Smith Esquire, deceased, to accept a Conveyance of divers Hereditaments in the Parish of Reigate, in the County of Surrey, and an Annual or Fee Farm Rent of Twenty-five Pounds, reserved out of or for the Manor of Mount Bures, in the County of Essex, and a Yearly Rent of Thirty Pounds, Part of an Annual or Fee Farm Rent of Forty Pounds, reserved out of or for the Manor of Heddington, with the Hundred of Bullingdon, in the County of Oxford, in Exchange for the several Manors of Knowle, Seven-Oaks, Kempsing, and Seal, in the County of Kent; and divers Hereditaments in the several Parishes of Seven-Oaks, Kempsing, and Seal, in the said County of Kent, and to convey the last mentioned Hereditaments accordingly;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Thames and Severn Canal Bill.
A Message was brought from the House of Commons, by Sir Edward Littleton and others:
With a Bill, intituled, "An Act to enable the Company of Proprietors of the Thames and Severn Canal Navigation, to borrow a further Sum of Money to compleat the said Navigation;" to which they desire the Concurrence of this House.
Handsworth Enclosure Bill.
A Message was brought from the House of Commons, by Sir Edward Littleton and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Field, Commons, and Waste Lands, within the Manor of Handsworth, in the County of Stafford;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Lord de Clifford et Ux. Petition referred to Judges.
Upon reading the Petition of the Right Honourable Edward Baron de Clifford and Mary de Clifford his Wife; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Grose, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to re port 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.
Dormer's Petition referred to Judges.
Upon reading the Petition of Thomas Dormer Esquire, on Behalf of Susanna Ann Treffry Dormer, an Infant of the Age of Seven Years, and Jane Treffry Dormer, also an Infant of the Age of Five Years, the Daughters of the said Thomas Dormer by Jane his Wife, lately deceased, who was one of the Daughters of Thomas Treffry Esquire, also deceased; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Baron 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.
Webb's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to empower Nathaniel Webb Esquire, and others, to grant building and repairing Leases of certain Estates in the Parish of Saint Giles-in-the-Fields, in the County of Middlesex."
The Question was put, "Whether this Bill shall "pass?"
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Leeds and Mr. Pepys:
To carry down the said Bill, and desire their Concurrence thereto.
Lewes Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to continue the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from Lewes to Brighthelmston, in the County of Sussex."
The Question was put, "Whether this Bill, shall pass?"
It was resolved in the Affirmative.
Milford Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for opening a new Road from Milford, in the County of Pembroke, to Stainton, and for amending and widening the Road from the said new Road through Stainton and Johnson to Merlin's Bridge, in the same County."
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.
Birmingham Canal Bill. Petition against.
Upon reading the Petition of the Company of Proprietors of the Staffordshire and Worcestershire Canal Navigation under their Common Seal, taking Notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Navigable Canal from or from near to the Town of Birmingham, in the County of Warwick, to communicate with the River Severn, near to the City of Worcester;" and praying Their Lordships, "That they may be protected in the Estate and Property which Parliament has granted to them, and that they may be heard by their Counsel at the Bar of the House against the said Bill, and may have reasonable Time allowed for producing Evidence; and that the same may not pass into a Law:"
It is Ordered, That the Petitioners be at Liberty to be heard by their Counsel against the said Bill at the second Reading thereof; as also Counsel be heard for the said Bill at the same Time, if they think fit.
Lickbarrow and Wright against Mason et al. in Error.
Ordered, That the Hearing of the Errors, argued and assigned upon the Writ of Error wherein William Nowell Lickbarrow and Ralph Wright are Plaintiffs, and Edward Mason and others are Defendants, which stands appointed for To-morrow, be put off to the first Cause Day after the Recess at Easter; and that the Judges do then attend.
Cecil'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 Henry Cecil Esquire with Emma Vernon, 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. Bower appearing as Counsel for the Bill, and Mr. Graham as Counsel for Mrs. Cecil, Mr. Bower was heard to open the Allegations of the Bill.
Then Mr. Evan Foulkes was called in, and being sworn, acquainted the House, "That he knows Mrs. Cecil, the Wife of Mr. Cecil, personally, and that he served her on the 28th of March last with a Copy of the Bill, and the Order made by the House for the Second Reading thereof."
He was directed to withdraw.
Then Mr. Thomas Walford was called in, and, being sworn, produced a Copy of an Entry in the Register Book of Marriages belonging to the Parish Church of Saint George, Hanover Square, which he acquainted the House, "He had examined with the Originals, and that the same was a true Copy;" the same was read, and is as follows:
"Marriages in May 1776. (547)
(218) Henry Cecil Esquire, Batchelor, and Emma Vernon, Spinster, both of this Parish, were married in this Church, by Licence, this Twenty-third Day of May, in the Year 1776; by me H. R. Courtenay, Rector.
"This Marriage was solemnized between us, | H. Cecil. |
E. Vernon. | |
"In the Presence of | "— Exeter. |
Emma Vernon. | |
A. C. Molyneux." |
He was directed to withdraw.
Then Mrs. Maria Sneyd was called in, and, being sworn, was examined as follows:
Q. "How long have you known Mr. Cecil?"
A. "About Four Years."
Q. "Had you an Opportunity during that Time of knowing the Terms on which they lived together?"
A. "Yes."
Q. "Did they appear to live in Harmony as Husband and Wife?"
A. "Perfectly so."
Q. "About what Time had you Reason first to know from Mrs. Cecil herself, that she had been guilty of Misconduct?"
A. "The Morning after her Consession to Mr. Cecil."
Q. "About what Time was that?"
A. "I do not recollect."
Q. "Do you remember in what Year it was?"
A. "In the Year 1789."
Q. "Was it in the Spring or in the Summer?"
A. "In the beginning of June."
Q. "Mrs. Cecil having made a Confession of her Guilt, did Mr. and Mrs. Cecil separate?"
A. "They remained in the same House."
Q. "Did you from that Time sleep in the Room with Mrs. Cecil?"
A. "Yes; I was in the House on a Visit."
Q. "Do you remember going to Birmingham after this Discovery was made?"
A. "Yes."
Q. "Who went with you?"
A. "Mr. Cecil."
Examined by the Lords.
Q. "How long had you been in Mr. Cecil's House before the Confession you speak of was made?"
A. "Two or Three Months, upon a Visit."
Q. "During that Time had William Sneyd the Curate been in the House?"
A. "Some Part of the Time."
Q. "Lodged there?"
A. "Yes.
Q. "Had he no House of his own?"
A. "He had a Lodging in the Parish."
Q. "How much of the Three Months was he lodging in Mr. Cecil's House?"
A. "I do not know."
Q. "Did he continue to lodge in the House after the Confession?"
A. "He was not in the House at the Time of the Confession."
Q. "Was he in Mr. Cecil's House at any Time after the Confession was made?"
A. "No."
Q. "Never?"
A. "Never."
Q. "How long after was it that you mentioned it to Mr. Cecil himself?"
A. "The Confession was made first to Mr. Cecil himself."
Q. "How did you know it?"
A. "She confessed it to me."
Q. "How long after?"
A. "The next Morning."
Q. "In what Terms did she speak of it; as lamenting it, or triumphing in it?"
A. "As lamenting it at that Time."
Q. "Both to him and to you?"
A. "Yes."
Q. "Did she give any Account of what was her Inducement to mention it to Mr. Cecil?"
A. "No."
Q. "Did you not think it extraordinary her mentioning it to Mr. Cecil?"
A. "Very extraordinary."
Q. "Did you not enquire her Reason for doing it?"
A. "No."
Q. "So that you never knew her View in it; she had a Mind to be separated I suppose?"
A. "I believe she wished to be separated."
Q. "What did Mr. Cecil say when she mentioned it?"
A. "He was extremely distressed with it."
Q. "But he did not think of parting with her?"
A. "Not immediately, the first Time I believe."
Q. "How long was it after you had the Conversation with Mr. Cecil that he gave her Leave to go to Birmingham?"
A. "About a Fortnight."
Q. "Give as distinct an Account as you can of his giving her Leave to go to Birmingham; who applied for it, and what was said upon it; and what was said in Answer?"
A. "Mrs. Cecil declared she would not give up Mr. Sneyd unless she was permitted to see him."
Q. "Where was Mr. Sneyd at that Time?"
A. "At Litchfield, at his Father's House."
Q. "How came she to know he wanted to see her, or where she was to go; what Correspondence was there between them?"
A. "I do not know."
Q. "Then the first Thing she said to her Husband was, that she would not give up Mr. Sneyd unless he would give her Leave to see him?"
A. "He objected to it at first."
Q. "What happened next?"
A. "She urged him so strongly, that he consented to it from seeing her so distracted."
Q. "This was at his own House?"
A. "Yes."
Q. "What sort of Distraction was it by which she urged him to let her go to see her Adulterer?"
A. "She was not in her Senses at the Time."
Q. "You was there?"
A. "Yes."
Q. "But she was in her Senses?"
A. "She appeared extremely agitated, and she threatened to destroy herself."
Q. "How long before he gave her Leave to go to Birmingham?"
A. "She threatened to destroy herself that Evening."
Q. "At that Time?"
A. "Yes."
Q. "What did Mr. Cecil say?"
A. "He felt himself obliged to let her go."
Q. "Who was to go with her?"
A. "She solicited me to go with her."
Q. "Did Mr. Cecil know where you were to go?"
A. "Yes."
Q. "To where?"
A. "To Birmingham."
Q. "How was the Meeting to be ordered; Did Mr. Cecil know any Thing of that?"
A. "I do not know."
Q. "So he only consented that she should go to Birmingham, and that was all that passed with him?"
A. "Yes."
Q. "And she set off the next Morning?"
A. "Yes."
Examined by the Counsel for the Bill.
Q. "At the Time they went to Birmingham, was it intended that they should return to Hanbury?"
A. "Yes."
Q. "Was any Thing else settled?"
A. "Nothing was settled, but her Promise to return to Hanbury back again."
Q. "Did he exact that Promise?"
A. "I believe she voluntarily gave it."
Examined by a Lord.
Q. "Then he was indifferent about it?"
A. "I do not know that."
Q. "How far is Birmingham from Hanbury Hall?"
A. "Eighteen Miles."
Q. "You went accordingly?"
A. "Yes."
Q. "What passed when you got to Birmingham?"
A. "We went to the Hotel."
Q. "At what Time of Day?"
A. "I do not recollect the exact Hour."
Q. "What happened after you got there: Was there any Conversation between Mr. and Mrs. Cecil while they were going there, or while they were at the Hotel, or at the Time of giving Leave?"
A. "Not at all I believe."
Q. "What happened next?"
A. "Mrs. Cecil and I went to the Inn where Mr. William Sneyd was."
Q. "How did you know where he was?"
A. "Mrs. Cecil had Information."
Q. "Did you acquaint Mr. Cecil that you were going there?"
A. "Yes."
Q. "Was any Thing settled then as to the Visit?"
A. "Nothing."
Q. "In what Room did you find Mr. William Sneyd?"
A. "In a Room up Stairs at the Hen and Chickens."
Q. "Mr. Sneyd was there when you came?"
A. "Yes."
Q. "What passed afterwards?"
A. "Mrs. Cecil and Mr. Sneyd remained in the Room; Mr. Sneyd's Brother and myself in a Room adjoining."
Q. "Did he go with you from Hanbury Hall?"
A. "He was not there at that Time."
Q. "Where did he come from?"
A. "From Litchfield."
Q. "Was he appointed to meet you?"
A. "I believe so."
Q. "He came with his Brother?"
A. "Yes."
Q. "You went into the Passage near?"
A. "Yes; and remained there some Time."
Q. "How long did you remain there?"
A. "About an Hour."
Q. "Where did you go then?"
A. "We went into a Shop very near, and during that Time, Mr. Sneyd and Mrs. Cecil went away."
Q. "How did you hear, they were gone away?"
A. "Upon returning to the Inn."
Q. "How long was it before you returned to the Inn?"
A. "About another Hour."
Q. "At the End of that Time, you found they were gone?"
A. "Yes."
Examined by the Counsel for the Bill.
Q. "Whether from the Time of the Discovery Mr. Cecil and Mrs. Cecil slept together?"
A. "No."
Examined by a Lord.
Q. "Did they sleep together before?"
A. "Yes."
Q. "You returned back to Hanbury Hall?"
A. "No."
Q. "Where did you go?"
A. "Back to Litchfield with Mr. Sneyd."
Q. "Did you go back to the Hotel to Mr. Cecil?"
A. "Yes."
Q. "How long did you stay there?"
A. "About an Hour."
Q. "What passed between you and Mr. Cecil when you returned there?"
A. "I informed Mr. Cecil."
Q. "What did he do?"
A. "He was extremely distressed, and did not speak at first."
Q. "What did he say when he did speak?"
A. "He said, he did not expect it."
Q. "What became of him?"
A. "I do not know what became of him, for we ordered our Horses before he left the Hotel."
Examined by the Counsel for the Bill.
Q. "Had you any Reason to know or believe that Mrs. Cecil was suspected of Infidelity by her Husband, before the Discovery?"
A. "I believe not."
Q. "Whether any Steps were taken to persuade Mrs. Cecil to break off the Connection with Mr. William Sneyd?"
A. "Mr. Cecil made several Proposals."
Q. "What were they, did they converse upon that Head?"
A. "That she should remain sometime longer with Mr. Cecil at Hanbury Hall."
Q. "What Answer did she make?"
A. "Mr. Cecil proposed to her to go abroad for some Time, or that they should retire to some Part of England for some Time; that they would separate from that Time, and that Mr. Cecil would take the Cause of it upon himself, if she would consent to give up Mr. William Sneyd."
Q. "This was in your Presence?"
A. "It was through me that it was proposed."
Q. "What was her Answer?"
A. "She did not give a decided Answer at first."
Q. "When did she give a decided Answer?"
A. "She gave no decided Answer, till she spoke about going to Birmingham, when she said she would not give up Mr. William Sneyd, unless she was permitted to see him again."
Q. "In case she was permitted to see him again, did she consent to give him up?"
A. "She did not say she would."
Q. "Was it at your Instance or at Mrs. Cecil's that he was persuaded to give his Consent to her going to Birmingham?"
A. "It was at her Instance, that he gave Leave for her to go to Birmingham."
She was directed to withdraw.
Then Anne Vinnicombe was called in, and having been sworn, acquainted the House, "That in June 1789, she lived at Thompson's Hotel at Exeter; that she remembers a Gentleman and Lady of the Name of Benson, coming there sometime in the Month of June 1789; that they passed for Man and Wife; that there was but one Bed ordered by them, and they slept in it." Being asked, "If she since knew who those Persons were, and where she had seen them?" she said, "She saw the Person, who passed at that Time by the Name of Mrs. Benson, in Norfolk Street, about some time in June 1790; that Sarah Durin, Elizabeth Cross, and William Jauncey were with her (the Witness); that she then shewed the Person who had, passed for Mrs. Benson at Exeter to William Jauncey, and told him her Name was Benson." Being asked, If she had seen the Gentleman since?" she said "Yes, in Green Street; that she could not tell exactly the Time, but it was some Time in the Year after he was at Exeter; that Sarah Durin and Elizabeth Cross were with the Witness at the Time."
She was directed to withdraw.
Then Sarah Durin was called in, and having been sworn, acquainted the House, "That she was present with Elizabeth Cross, Ann Vinnicombe, and William Jauncey in June 1790, when she saw a Person who had passed by the Name of Mrs. Benson, and that William Jauncey shewed them where she lodged." Being asked, "If she had seen a Gentleman who passed by the Name of Mr. Benson?" she said, Yes, in Green Street; that Elizabeth Cross, Ann Vinnicombe, and William Jauncey were present at that Time also, that they shewed the Person to William Jauncey, and said he was Mr. Benson, and William Jauncey said it was Mr. Sneyd."
Then William Jauncey was called in, and having been sworn, acquainted the House, "That he was a Servant of Mr. Cecil, and being in Company with Sarah Durin, the Witness at the Bar, and also with Elizabeth Cross, and Ann Vinnicombe, he saw Mrs. Cecil; that they told him she was a Mrs. Benson, but the Witness knew her to be Mrs. Cecil; that at another Time, being also in the Company of the Witness, together with the said Ann Vinnicombe and Elizabeth Cross, he saw Mr. Sneyd, whom he had followed from the Place where he came out, to the Place where they then were; that they said he was a Mr. Benson, but the Witness knew he was Mr. Sneyd; that he knows the Person of Mrs. Cecil and of Mr. Sneyd perfectly well, and shewed them to the Witness at the Bar."
The Witnesses were directed to withdraw.
Then Mr. Mark Holman was called in, and, being sworn, produced an original Definitive Sentence of Divorce, of the Consistory Court of the Bishop of London from Bed and Board, and mutual Cohabitation, against the said Emma Cecil, dated the 2d March 1791.
He was directed to withdraw.
Then Mr. Thomas Walford was again called in, and produced an Office Copy of a Record of the Court of King's Bench, of a Judgement given in that Court in Michaelmas Term, the 30th of George the Third, against the Reverend William Sneyd for criminal Conversation with the said Emma Cecil, Wife of the said Henry Cecil, for £1000. Damages, besides Costs of Suit; the same was read.
He was directed to withdraw.
Then Mr. Robert Harrison was called in, and, being sworn, produced the Will of Thomas Vernon Esquire, deceased, Father of the said Emma Cecil, dated 23d September 1771: Also the Will of Emma Vernon the Widow of the said Thomas Vernon, dated 24th June 1775: Also, a certain Indenture of three Parts, dated 22d May 1776, in the Bill mentioned previous to the Marriage of Mr. and Mrs. Cecil, and executed by Emma Vernon afterwards Emma Cecil: Also, a certain Indenture of Lease and Release dated the 21st and 22nd of May 1776, in the Bill also mentioned, and executed by the Earl of Exeter, Henry Cecil, and Emma Vernon: And also, a certain Indenture dated the 1st of June 1776, in the Bill also mentioned, and executed by the Earl of Exeter, Henry Cecil, and Emma his Wife, and Emma Vernon.
He was directed to withdraw.
Then Mr. Graham, of Counsel for Mrs. Cecil, admitted the several Deeds, and that the same were truly set forth in the Bill.
Then Mr. Mark Holman was again called in, and being asked, "Where the Libel in the Suit in the Ecclesiastical Court was?" said, "At the Registry Office."
He was directed to produce the same on such Day as the House should appoint for taking the said Bill into further Consideration.
He was directed to withdraw.
Then Mr. Graham, of Counsel for Mrs. Cecil, informing the House, "That he had no Observations to make upon the Evidence adduced in Support of the Allegations of the Bill, but that what he had to offer, related to certain Clauses in the same, respecting the Settlement and Pin Money settled on Mrs. Cecil."
The Counsel were directed to withdraw.
Ordered, That the further Consideration of the said Bill, and the Second Reading thereof, be put off to the First Wednesday after the Recess at Easter.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, nonum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Sabbati, 9o Aprilis 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Ogilvie against Wingate:
After hearing Counsel fully in the Cause, wherein James Ogilvie is Appellant, and Thomas Wingate is Respondent:
Cause removed.
It is Ordered, That the further Consideration of the said Cause be put off to the first Saturday after the Recess at Easter.
Moray against Haldane, Causes removed.
Ordered, That the Hearing of the Cause, wherein Charles Moray Esquire is Appellant, and George Haldane is Respondent, which stands appointed for Monday next, be put off to Wednesday next; and that the Cause which stands for Wednesday next be brought forward, and heard on Monday next, by Consent of the Parties.
Deal Paving Bill.
The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing, paving, and cleansing the Highways, Streets and Lanes, within the Town and Borough of Deal, in the County of Kent, and for removing and preventing Encroachments, Obstructions, Nuisances, and Annoyances therein," 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."
Loes and Wilford Poor Bill.
The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the better Relief and Employment of the Poor within the Hundreds of Loes and Wilford, in the County of Suffolk," was committed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.