House of Lords Journal Volume 62: 5 July 1830

Die Lunæ, 5 Julii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

E. of Shaftesbury chosen Speaker pro tempore.

The Lord Chancellor not being present, and The Lord Tenterden and The Lord Wynford, appointed Speakers by His late Majesty's Commissions, being absent, the Lords unanimously chose The Earl of Shaftesbury to be Speaker pro tempore:

And his Lordship took his Seat upon the Woolsack accordingly.

PRAYERS.

Earl Nelson takes the Oaths.

This Day William Earl Nelson took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bayley's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of James Bayley Esquire with Louisa his Wife, and to enable him to marry again; and for other Purposes."

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. Cross and Mr. Trower;

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

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Report from Com ee on E. of Kenmare's Claim to vote for Peers for Ireland:

The Earl of Shaftesbury reported from the Lords Committees for Privileges to whom it was referred to consider of the Petition of The Right Honorable Valentine Earl of Kenmare, in that Part of the United Kingdom of Great Britain and Ireland called Ireland, praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted;" "That the Committee had met, and considered the Petition to them referred, and had come to the following Resolution; (vizt.)

"Resolved, That it is the Opinion of this Committee, That Valentine Earl of Kenmare, of that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom."

Which Report, being read by the Clerk, was agreed to by the House.

Resolution that his Lordship hath made out his Claim.

Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Valentine Earl of Kenmare, of that Part of the United Kingdom called Ireland, hath made out his Claim to be admitted, as a Temporal Peer of Ireland, to vote at the Election of the Lords Temporal to represent the Peerage of Ireland in the Parliament of the United Kingdom.

Ordered, That the Clerk of the Parliaments do transmit to the Clerk of the Crown in Ireland the said Resolution and Judgment.

Berkeley Peerage, J. Forshall to attend Com ee with Documents.

Ordered, That The Reverend Josiah Forshall, Keeper of the Manuscripts of the British Museum, do attend this House on Wednesday next, in order to his being examined as a Witness before the Committee for Privileges to whom the Petition of William Fitzhardinge Berkeley to His Majesty, praying, "That His Majesty will be most graciously pleased to direct that a Writ of Summons to attend in Parliament be addressed to the Petitioner by the Style, Title and Dignity of Baron Berkeley of Berkeley," together with His Majesty's Reference thereof to this House, and the Report of The Attorney General thereunto annexed, stands referred; and that he do bring with him a Charter granted by King Henry the Second, and another Charter, granted by King Richard the First, dated at Westminster the 11th October, in order to their being produced before the said Committee.

O'Reilly v. Fetherston et al:

The House proceeded to take into further Consideration the Cause wherein Myles John O'Reilly Esquire is Appellant, and Sarah Fetherston Widow, and others, are Respondents:

And Consideration being had thereof;

The following Order and Judgment was made:

After hearing Counsel on Monday the 6th and Monday the 13th Days of April, Friday the 22nd and Monday the 25th Days of May, and Friday the 5th Day of June 1829, upon the amended Petition and Appeal of Myles John O'Reilly of the Heath, in the Queen's County, Esquire, (which Appeal, upon the Death of Sarah Fetherston, was by Order of this House of the 16th Day of May 1828, revived against Francis Fetherston, as Administrator de bonis non, in the Place and Stead of the said Sarah Fetherston deceased;) complaining of an Order of the Court of Exchequer in Ireland of the 22nd of May 1824, and also of a Decree of the said Court of the 16th of July 1824; and praying, "That the same might be reversed or varied, or that the Appellant might have such other and further Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Sarah Fetherston, Widow and Administratrix of Francis Fetherston deceased; and also upon the Answer of Francis Fetherston put in to the said Appeal; and which said Appeal was, by Order of this House of the 1st Day of June 1827, Ordered to be heard ex-parte as to John Devenish, George Devenish, Hugh Crawford and Jane his Wife, John Knox, Francis O'Beirne, Gerald Walsh and Hugh Walsh, they not having answered the said Appeal, though peremptorily Ordered so to do; and due Consideration had of what was offered on either Side in this Cause:

Order & Decree Affirmed.

It is 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 Order and Decree therein complained of, be, and the same are hereby Affirmed.

Crommelin Harbour Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and maintaining the Harbour of Port Crommelin, in the Bay of Cushendun, in the County of Antrim."

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.

Army Pensions Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to make further Regulations with respect to Army Pensions;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Assessed Taxes Composition Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to continue Compositions for Assessed Taxes for a further Term of One Year, and to grant Relief from and alter and repeal the said Duties in certain Cases;" to which they desire the Concurrence of this House.

Insolvent Debtors (Ireland) Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to continue for One Year, and from thence until the End of the then next Session of Parliament, the Acts for the Relief of Insolvent Debtors in Ireland;" to which they desire the Concurrence of this House.

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

County Rates (Ireland) Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to regulate the Applotment of County Rates and Cesses in Ireland in certain Cases;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Mildmay's Divorce Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

To return the Bill, intituled, "An Act to dissolve the Marriage of Captain Edward St. John Mildmay with Marianne Catherine 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 some Amendments, to which they desire their Lordships Concurrence.

Glasgow & Kilmarnock Road Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

To return the Bill, intituled, "An Act for amending and continuing an Act for repairing Roads in the County of Renfrew, and for altering the Line of Road between Glasgow and Kilmarnock, in the said County;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Surrey Coal Meters Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to continue until the Fifth Day of July One thousand eight hundred and thirty-one an Act passed in the Ninth Year of His late Majesty's Reign, to enable His Majesty's Justices of the Peace for the County of Surrey to nominate and appoint Two or more Persons to act as Principal Land Coal Meters within and for the several Places therein mentioned;" to which they desire the Concurrence of this House.

Meltham Inclosure Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a Bill, intituled, "An Act to amend an Act of King George the Third, intituled, "An Act for inclosing Lands in the Manor of Meltham, in the Parish of Almondbury, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

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

Mildmay's Divorce Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to dissolve the Marriage of Captain Edward St. John Mildmay with Marianne Catherine his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

And the said Amendments, 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.

Shipping & Navigation, Returns respecting, delivered.

The House being informed, "That Mr. Tomlins, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 13th Day of May last,

"A Return of the Shipping employed in the Trade of the United Kingdom, exhibiting the Number and Tonnage of Vessels entered Inwards and cleared Outwards, with the Number of their Crews, distinguishing British from Foreign Ships, and the Trade with each Country, in each Year, from 1814 to 1829, both inclusive; specifying the Countries with which Treaties of Reciprocity have been concluded:"

Also, "A Return of the Number and Tonnage of Ships and Vessels built and registered in the United Kingdom, in each Year, from 1814 to 1829, both inclusive; distinguishing the Number and Tonnage of those built in the United Kingdom from those built in the Colonies:"

Also, "A Return of the Number and Tonnage of Ships belonging to the several Ports of the United Kingdom, from 1814 to 1829, both inclusive; distinguishing those belonging to the United Kingdom from the Colonies, and excluding those navigated by Steam:"

Also, "A Return of the Number and Tonnage of Vessels belonging to the United Kingdom that are navigated by Steam:"

Also, "A Return of the Number and Tonnage of Ships and Vessels registered in the United Kingdom that are mortgaged, in 1825, and in every subsequent Year; distinguishing each Year:"

Also, "A Return of the Number and Tonnage of Ships and Vessels navigated by Steam which cleared Outwards and entered Inwards in the Ports of the United Kingdom to and from Foreign Parts, in each Year, from 1822 to 1829, both inclusive:"

Also, "A Return of the Number and Tonnage of Ships and Vessels navigated by Steam which entered Inwards and cleared Outwards Coastwise, in each Year, from 1822 to 1829, both inclusive:"

Also, "A Return of the Number and Tonnage of Ships and Vessels which have been broken up, or sold to Foreigners, in each Year, from 1824 to 1829, both inclusive:"

And also, "A Return of the Number and Tonnage of Ships and Vessels which are lost or missing, of which the Owners have not delivered up their Certificates of Registry."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Returns be printed.

Beer Bill, Petitions against: (Thetford:)

Upon reading the Petition of the Proprietors and Occupiers of Public Houses in the Borough of Thetford, in the Counties of Norfolk and Suffolk, whose Names are thereunto subscribed; taking notice of a Bill depending in this House, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England;" and praying their Lordships "to give the Petitioners Case that Consideration to which it is entitled, and under no Circumstance confirm a Measure which brings with it inevitable Ruin upon those who have employed their Capital in the Beer Trade, under the Sanction of the existing Laws, without affording them adequate Compensation; or that they may be in some degree protected, by restricting the Beer sold under the new Licences from being drunk on the Premises, and at the same Time thereby prevent the establishing an unlimited Number of Tippling Houses, for the Allurement and Reception of the idle and disorderly in every Parish:"

It is Ordered, That the said Petition do lie on the Table.

Chelmsford:

Upon reading the Petition of the Proprietors and Occupiers of Public Houses in Chelmsford and its Vicinity, in the County of Essex, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to take into their serious Consideration the Propriety of introducing a Clause in the Preamble of the same, to prevent the Consumption of Beer on the Premises of those Persons who may take out Licences for the Sale thereof:"

It is Ordered, That the said Petition do lie on the Table.

Leamington Priors:

Upon reading the Petition of the Proprietors and Occupiers of Hotels, Inns and Victualling Houses at Leamington Priors, in the County of Warwick, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same, in its present Shape, may not pass into a Law; but that if the Ale and Beer Trade be thrown open, the Persons licensed to sell the same may be interdicted, under sufficient protecting Penalties, from supplying it to be drank in such Houses so licensed, or in or upon any Part of the Premises in their Occupation, under Cover or in the open Air:"

It is Ordered, That the said Petition do lie on the Table.

Tonbridge:

Upon reading the Petition of the Proprietors and Occupiers of Public Houses in Tonbridge and its Vicinity, in the County of Kent, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to take the Subject into their most serious Consideration; and that the Petitioners may be permitted to be heard, by themselves and their Counsel or Agents, against the said Bill passing into a Law:"

It is Ordered, That the said Petition do lie on the Table.

Margate:

Upon reading the Petition of the Clergy, Parish Officers and Inhabitant Householders of Margate, in Kent, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the same may not be suffered to pass into a Law without first undergoing the very desirable and necessary Modification of Beer being prohibited from being consumed in the Shops or Houses where it is to be sold:"

It is Ordered, That the said Petition do lie on the Table.

Slaughter:

Upon reading the Petition of the Magistrates of the Hundred of Slaughter, in the County of Gloucester, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships, "That the Measure may go no farther than allowing the Sale of Beer (not to be drunk on the Premises):"

It is Ordered, That the said Petition do lie on the Table.

Isle of Wight:

Upon reading the Petition of the Gentry, Clergy, Freeholders and other Inhabitants of the Isle of Wight, whose Names are thereunto subscribed:

St. Giles' & St. George's Bloomsbury:

And also, Upon reading the Petition of the Inhabitants of the United Parishes of Saint Giles' and Saint George's Bloomsbury, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and severally praying their Lordships, "That, in passing the same, they will introduce sufficient Restrictions to prevent the Consumption of Beer on the Premises where sold, except under proper Authority and Sanction:"

It is Ordered, That the said Petitions do lie on the Table.

Salisbury:

Upon reading the Petition of the Inhabitants of the City and Close of Salisbury, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to reflect upon the fearful Consequences which are likely to result to the Community at large should the Clause by which any one taking out a Licence may open his House for the Sale of Beer, and allow the same to be drunk on the Premises, be allowed to form Part of the proposed Measure:"

It is Ordered, That the said Petition do lie on the Table.

Paddington

A Petition of the Licensed Victuallers of the Parish of Paddington was presented and read; taking notice of the last-mentioned Bill, and praying their Lordships, "That, in considering the same, they will prevent the entire Ruin of the Petitioners, by introducing a Clause to prevent the Accommodation of Guests by the new Dealers; or, should their Lordships deem it necessary not to prevent the Persons purchasing from drinking it in the House, that the Parties should not be permitted to accommodate such Purchasers with Chairs, Benches, Tables, &c; which latter Clause would prevent the congregating of the vile and the base; that would prevent many Excesses that otherwise would occur; that would give every Facility to obtain the Article; that would prevent the entire Ruin of the Majority of the Petitioners; that would give to the Public of the Metropolis a far wider Competition in the Article of Beer than they desire; that would give every possible Good, without some of the Evils that must arise to the Petitioners and to the Public if the Article is allowed to be drank, and the Parties consuming permitted to sit, tipple and smoke on the Premises."

Ordered, That the said Petition be received as the Petition of "Charles Smith, Chairman," who only has signed it.

Stockport.

Upon reading the Petition of the Proprietors and Occupiers of Public Houses in Stockport and its Vicinity, whose Names are thereunto subscribed; taking notice of the last-mentioned Bill, and praying their Lordships "to take the Subject into their most serious Consideration; and that the Petitioners may be permitted to be heard by themselves, their Counsel or Agents, against the said Bill or that the same may not pass into a Law:"

It is Ordered, That the said Petition do lie on the Table.

Spirits & Stamp Duties, & Taxes, (Ireland,) Petitions against Encrease of: (Guild of Merchants, Dublin:)

Upon reading the Petition of The Masters, Wardens, and Brethren of the Guild of Merchants of the City of Dublin, under their Common Seal; praying their Lordships "to reject the proposed Measures for encreasing the Taxes on Home-made Spirits, and equalizing the Stamp Duties payable in Ireland with those of Great Britain:"

It is Ordered, That the said Petition do lie on the Table.

Corporation of Barbers & Surgeons, Dublin:

A Petition of The Master, Wardens and Brethren of the Corporation of Barbers and Surgeons, or Guild of Saint Mary Magdelene, Dublin, in Post Hall assembled, was presented and read; praying their Lordships "not to impose additional Burdens in Ireland, which must have the certain Effect of overflowing the Cup of Bitterness which the Hand of Poverty has so long held to the Lip of their afflicted Country."

Ordered, That the said Petition be received as the Petition of "Francis Hetherington, Master, William Butler, Peter Daly, Wardens," and "Wm. Clinton, Clerk of the Guild," who only have signed it.

St. Bridget's, Dublin:

Upon reading the Petition of the Parishioners of Saint Bridget's Parish, in the City of Dublin, whose Names are thereunto subscribed; praying their Lordships, "That the Imposition of further Taxes on Ireland may be abandoned, and that they will permit the Feelings of strengthened Attachment and Gratitude to be the Return:"

It is Ordered, That the said Petition do lie on the Table.

Coolock & Santry.

Upon reading the Petition of the Parishioners of the Parishes of Coolock and Santry, in the County of Dublin, whose Names are thereunto subscribed; praying their Lordships "to reject any Proposition for assimilating or encreasing Taxation in Ireland; and that their Lordships will, with the least possible Delay, turn their earnest Attention to the Necessity of such Reduction of the Duties on Malt, Tea and Sugar, as will bring those Necessaries of Life more within the Means of the People, and relieve the Suffering and Distress under which Ireland at this Moment so notoriously labours:"

It is Ordered, That the said Petition do lie on the Table.

Graham v. Shand et al:

Upon reading the Petition and Appeal of Barron Graham Esquire, presently residing at Ravelrig, in the County of Edinburgh, in Scotland; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th of June 1829; and also of Three Interlocutors of the Lords of Session there, of the First Division, of the 11th (signed the 12th) and Two of the 18th of December 1829; and praying, "That the same may be reversed, varied or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Shand, Sir Alexander Ramsay Baronet, and Captain Thomas Ramsay, Claud Russell and Thomas Mansfield, as his Trustees, may be required to answer the said Appeal:"

It is Ordered, That the said William Shand and the several other Persons last named may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 2d Day of August next; and Service of this Order upon the said Respondents, or upon any one of their known Agents respectively in the Court of Session in Scotland, shall be deemed good Service.

Poole to enter into a Recog ce on it.

The House being moved, "That George Woolley Poole, of Southampton Street, Bloomsbury, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Barron Graham Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said George Woolley Poole may enter into a Recognizance for the said Appellant, as desired.

Berkeley Peerage, Sir J. S. Sidney Leave to lodge an additional Case.

Upon reading the Petition of Sir John Shelley Sidney Baronet, praying their Lordships, "That he may be at liberty to deposit his additional Case, in reply to the last Case lodged by William Fitzhardinge Berkeley respecting his Claim to the Barony of Berkeley as a Barony by Tenure:"

It is Ordered, That the Petitioner be at liberty to lodge his additional Case as desired.

Stamp Duty on Medicines, Petition of Chemists, &c. of Bristol for Repeal of.

Upon reading the Petition of the Chemists and Druggists of the City of Bristol, whose Names are thereunto subscribed; praying their Lordships "to grant them Relief by a Repeal of the Stamp Duties on Patent Medicines:"

It is Ordered, That the said Petition do lie on the Table.

Beer Bill.

Ordered, That the Bill, intituled, "An Act to permit the general Sale of Beer and Cyder by Retail in England," be read a Second Time To-morrow; and that the Lords be summoned.

Statement of British Produce exported in American Vessels to China, &c. referred to East India Com ee.

Ordered, That the "Statement of the several Articles of British Produce and Manufacture exported in American Vessels to China and to the East Indies in each of the Years from 1818 to the present Time, together with the Official and Declared Value of each Article," delivered to the House on Friday last, be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Oaths, Petition of Ld. Mayor, &c. of London respecting.

Upon reading the Petition of The Lord Mayor, Aldermen and Commons of the City of London, in Common Council assembled; praying their Lordships "to be relieved from the objectionable Clause against the Pretender in the Oath of Abjuration; and that their Lordships will turn their Attention to the Subject of Oaths generally, with the view of abolishing all unnecessary Oaths:"

It is Ordered, That the said Petition do lie on the Table.

Court of Session Bill, Petition of Dean, &c. of Advocates in Scotland to postpone Consideration of.

Upon reading the Petition of The Dean and Faculty of Advocates in Scotland, under their Common Seal; taking notice of a Bill depending in this House, intituled, "An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland;" and praying their Lordships "to postpone the passing or final Adoption of the same 'till an Opportunity of Examination of the Bill, and Suggestion of Improvements therein, shall have been afforded; and for this Purpose to delay the further Consideration of the Measure, 'till the ensuing Session of Parliament:"

It is Ordered, That the said Petition do lie on the Table.

Hindoo Widows, &c. Petitions against buruing:

Upon reading the Petition of the Inhabitants of Prescot and its Vicinity, whose Names are thereunto subscribed:

(Prescot:) St. Helen's Chapel:

Also, Upon reading the Petition of the Members of the Church and Congregation assembling for Divine Worship in the Independent Chapel, Saint Helen's, whose Names are thereunto subscribed:

Mount Pleasant St. Chapel, Liverpool:

Also, Upon reading the Petition of the Members of the Church and Congregation assembling for Divine Worship in Mount Pleasant Street Chapel, Liverpool, whose Names are thereunto subscribed:

Gloucester St. Chapel, Liverpool:

And also, Upon reading the Petition of the Members of the Church and Congregation assembling for Divine Worship at the Independent Chapel, Gloucester Street, Liverpool, whose Names are thereunto subscribed; severally praying their Lordships, "That such Measures may be adopted as will effectually put a stop to the burning of Widows, the Destruction of Infants by their Parents, and the Perpetration of Murder in every other Form throughout His Majesty's Asiatic Possessions; and that, in such Measures as may be deemed advisable to regulate the future Intercourse of British Subjects with India and China, nothing may be done which shall in any degree restrain the Efforts of Christian Enterprize in conveying the Knowledge of Christianity to the Natives of China, and that every possible Facility may be granted to its peaceable Spread in every Part of the British Dominions in India:"

It is Ordered, That the said Petitions do lie on the Table.

Walmsley Chapel.

Upon reading the Petition of the Members of the Church and Congregation assembling for Divine Worship in the Independent Chapel, Walmsley, whose Names are thereunto subscribed; praying their Lordships, "That such Measures may be adopted as will speedily and effectually put a stop to the dreadful, inhuman and most horrible Practice of burning of Widows, the Destruction of Infants by their Parents, and the Perpetration of Murder in every other Form throughout His Majesty's Asiatic Possessions; and that, in those Measures which may be deemed advisable to regulate the future Intercourse of British Subjects with India and China, the united Energies of their Lordships may be promptly exerted to counteract whatever might have the least Tendency to restrain the Efforts of Christian Enterprize, in communicating the Knowledge of Christ to the Natives of China, and that every possible Exertion may be made which is calculated to facilitate the Progress of the Gospel in every Part of the British Dominions in India:"

It is Ordered, That the said Petition do lie on the Table.

Criminal Laws, Petition from TruroChapel, for Revision of.

Upon reading the Petition of the Protestant Dissenters assembling at the Independent Chapel, Truro, Cornwall, whose Names are thereunto subscribed; praying their Lordships "to repeal the Punishment of Death in Cases of Forgery, and to reform the Code of Penal Laws as much as may be deemed wise and prudent in securing the Interests of the Community:"

It is Ordered, That the said Petition do lie on the Table.

East India, Com ee, further Report of Evidence.

The Lord President reported further Minutes of Evidence taken before the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China, up to the 17th Day of June last inclusive.

The said Evidence was read by the Clerk. (fn. 1)

Rye Harbour Bill read 2a & committed:

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Forty-first Year of His late Majesty King George the Third, intituled, "An Act for more effectually improving and maintaining the old Harbour of Rye, in the County of Sussex; and to appoint new Commissioners; and to enable the Commissioners to raise additional Funds on the Tolls by Way of Mortgage or otherwise."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.

All Lords added to the Com ee:

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the said Bill stands committed, be added thereto.

Com ee to appoint a Chairman.

Ordered, That the Committee to whom the said Bill stands committed do appoint their own Chairman.

Newborough Church Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for endowing the Parish Church of Newborough, in the County of Northampton, and Three Chapels called Portland Chapel, Oxford Chapel and Welbeck Chapel, situate in the Parish of Saint Maryle-bone, in the County of Middlesex, and also a Chapel erected on Sunk Island, in the River Humber."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Slave Bounties Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to reduce the Rate of Bounties payable upon the Seizure of Slaves."

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Capital Punishment (Scotland) Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to amend an Act of the Ninth Year of His present Majesty, to facilitate Criminal Trials in Scotland; and to abridge the Period now required between the pronouncing of Sentence and Execution thereof, in Cases importing a Capital Punishment."

The said Amendments were read by the Clerk as follow; (vizt.)

"Pr. 1. L. 29. Leave out ("present") and insert ("late")

"L. 29 & 30. After ("Majesty") insert ("King George the Fourth")

"Pr. 3. L. 18. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

"Pr. 7. L. 10. Leave out ("having") and insert ("who hath") and in the same Line after ("been") insert ("or shall be")

"L. 11. Leave out ("a") and insert ("any") and in the same Line after ("Crime") insert ("(except Perjury or Subornation of Perjury) and")

"L. 24. After ("Person") insert ("whatsoever") and in the same Line after ("convicted") insert ("of any Crime")

"L. 28. After ("Scotland") insert ("save and except in those Cases where by any Act or Acts of the Parliaments of Scotland now in force the Punishment of Banishment forth of Scotland is enacted and specially provided for any specific Offence")

"L. 35. Leave out ("present") and insert ("late")

"L. 35 & 36. After ("Majesty") insert ("King George the Fourth")

"Pr. 9. L. 10. After ("given") insert Clause A.

"Clause A. And be it enacted, That the said recited Act passed in the Ninth Year of the Reign of His late Majesty, in so far as it provides for rendering all inferior Judges and Magistrates more safe in the Execution of their Duty, shall extend to all Acts done by any such Judge or Magistrate in apprehending any Party, or in regard to any Criminal Cause or Proceeding, or to any Prosecution for a pecuniary Penalty."

"In the Schedule annexed to the Bill, between the Columns,

"In the Title of the Bill:

"L. 2. Leave out ("present") and insert ("late") and in the same Line after ("Majesty") insert ("King George the Fourth")

And the said Amendments, being read a Second Time, were agreed to by the House.

Shubenaccadie Canal Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to authorize the Advance of a certain Sum out of the Consolidated Fund, for the Completion of the Shubenaccadie Canal in Nova Scotia."

After some Time, the House was resumed:

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

Then it was moved, "in Press 1, Line 1, to leave out from ("the") to ("is") in Line 6, and insert ("Thames Tunnel for connecting Surrey with Middlesex")

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, "in Press 1, Line 31, to leave out ("Shubenaccadie Canal") and insert ("Thames Tunnel")

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, "in Press 1, Line ult. to leave out ("Canal") and insert ("Tunnel")

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, "in Press 2, Line 12, to leave out ("Canal") and insert ("Tunnel")

Which being objected to;

The Question was put, "Whether the Word proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, "in the Title of the Bill, Lines 3 and 4, to leave out ("Shubenaccadie Canal in Nova Scotia") and insert ("Thames Tunnel in England")

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Title?"

It was resolved in the Affirmative.

Forgeries Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act for reducing into One Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery;"

The House was accordingly adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And The Earl of Shaftesbury reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Bill, as amended, be printed.

13th Report from Appeal Com ee.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House; and to report to the House; and to whom were referred certain Petitions in the following Causes; Mackay against Davidson and another; Mackenzie against Houston; Rothschild against Brookman; Robley and others against Brooke; M'Grigor and others against Cochran; Baillie against Grant; His Majesty's Attorney General against Winstanley; Lady Montgomerie and another against Messieurs Rundell and Company and others; Harris against Kemble and others; The Earl of Strathmore and Kinghorn against Dundas; Brooksbank against His Majesty's Attorney General, and Rowe against The King: "That the Committee had met, and considered the Respondents Petitions in the Causes Mackay against Davidson and another, Mackenzie against Houston, Rothschild against Brookman, and Robley and others against Brooke, severally praying their Lordships for Leave now to lodge their printed Cases; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may respectively be allowed now to deliver in their printed Cases: That the Committee had also considered the Appellants Petition in the Cause M'Grigor and others against Cochran, praying their Lordships that the Time for lodging the Appellants Case may be enlarged for Three Weeks from the 21st Day of July instant; and had heard the Agents thereon, and the Committee are of Opinion, That the Petitioners may be allowed Three Weeks from the 21st of this instant July to deliver in their printed Cases: That the Committee had also considered the Petition of Robert Maclintok Crawfurd of Lincoln's Inn Fields, Agent for the Appellant in the Cause Baillie against Grant, praying their Lordships that the Petition of Appeal may be restored to its former Place on the Paper of Appeal Causes, and that the Petitioner may have Leave to sign the usual Recognizance to prosecute the Appeal forthwith; and had heard the Agents thereon, and the Committee are of Opinion, That the said Appeal may be restored, and that the Petitioner may be allowed to sign the said Recognizance forthwith, as desired: That the Committee had also considered the Plaintiff's Petition in the Writ of Error His Majesty's Attorney General against Winstanley, the Petition of Charles Kemble, John Saltren Willett and John Forbes, Three of the Respondents in the Cause Harris against Kemble and others, and the Appellant's Petition in the Cause The Earl of Strathmore and Kinghorn against Dundas, severally praying their Lordships to appoint an early Day for hearing the said Causes; and had heard the Agents thereon, and the Committee are of Opinion, That the Prayer of the said Petitions cannot be complied with: That the Committee had also considered the Respondents Petition in the Cause Lady Mary Montgomerie and another against Messieurs Rundell and Company and others, praying their Lordships to appoint this Cause to be heard on an early Day; and had heard the Respondents Agent thereon, who prayed, on behalf of the said Respondents, to be allowed to withdraw the said Petition; and the Committee are of Opinion, That the said Petition may be withdrawn, as desired: That the Committee had also considered the Petition of John Allan Powell of Lincoln's Inn, Gentleman, Solicitor for the Appellant in the Cause Brooksbank against His Majesty's Attorney General, praying their Lordships that the Petition of Appeal may be withdrawn without Costs; and had heard the Agents thereon, and the Committee are of Opinion, under the Circumstances of the Case, That the said Petition of Appeal may be withdrawn without Costs to the Respondent, as desired: And that the Committee had also considered the Petition of Charles More Ullithorne of Red Lion Square, in the County of Middlesex, Gentleman, Agent for the Plaintiff in the Writ of Error Rowe against The King, praying their Lordships to grant to the said Plaintiff Three Weeks further Time to lay his printed Cases on the Table of the House; and had heard the Agents thereon, and the Committee are of Opinion, That the said Plaintiff may be allowed a Week's further Time to deliver in his printed Cases."

Which Report, being read by the Clerk, was agreed to by the House; and Ordered accordingly.

Greenwich Improvement Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, "An Act for the Improvement of the Town of Greenwich, in the County of Kent, and for the better Regulation of Roan's Charity there;" "That the Committee had met, and considered the said Bill, and examined the Allegations thereof, which were found to be true; and that all the Parties concerned in the Consequences of the Bill had appeared and consented thereto, except The Reverend Charles Parr Burney Doctor of Divinity, (One of the Feoffees of the said Roan's Charity,) who was proved to be residing Abroad; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, with several Amendments."

Which Report, being read by the Clerk, was agreed to by the House.

Then the Amendments made by the Committee to the said Bill were read by the Clerk as follow; (viz ^t.)

"Pr. 1. L. ult. After ("Yearly") insert ("And whereas by the Order, Judgment and Decree of The Honorable Sir Vere Fane Knight of the Bath, Sir Theophilus Biddulph Knight and Baronet, Sir William Boreman Knight, and John Buggin Esquire, dated the Seventeenth Day of October One thousand six hundred and seventy-seven, made by virtue of a Commission under the Great Seal of England, dated the Second Day of June then last, to them and others directed, for the due Execution of a Statute made in the Forty-third Year of the Reign of the late Queen Elizabeth, intituled, "An Act to redress the Misemployment of Lands, Goods and Stocks of Money heretofore given to Charitable Uses," after reciting (amongst other Things) the said Will of the said John Roan, and his Death, and the Determination of the several previous Uses and Estates limited by the said Will, and that the Possession of the said Lands, Messuages and Tenements had come to the Vicar, Churchwardens and Overseers of the Poor of the said Parish of Greenwich, and that they the said Vicar, Churchwardens and Overseers of the Poor were the then Feoffees of the said John Roan's Estate, and had desired the Decree of the said Commissioners to enfeoff Twelve other of the substantial Inhabitants of the said Parish, it was ordered, adjudged and decreed, that the said Lands, Messuages and Tenements, with the Appurtenances, should remain to a Free School in the said Decree mentioned, and the Profits thereof be received by the Vicar, Churchwardens and Overseers, for the Purposes mentioned in the said John Roan's Will, and to allow a Salary to the Schoolmaster thereout, and to repair the Messuages so given by the said John Roan; and it was further ordered, adjudged and decreed, that the Vicar, Churchwardens and Overseers of the Poor of the said Parish should, within Seven Days after they should have Notice of the said Decree, convey all their Right, Title and Interest in and to the Lands, Messuages and Tenements aforesaid, with the Appurtenances, unto William Bright and Thomas Pattison, and the Survivor of them, and their Heirs, who should convey, enfeoff and assure all and singular the aforesaid Lands, Messuages and Tenements, with the Appurtenances, to the Vicar, Churchwardens and Overseers for the Poor of the said Parish of Greenwich for the Time being, and to Twelve other of the substantial Men of the said Parish, (to be chosen by the said Vicar, Churchwardens and Overseers of the Poor, in manner therein mentioned,) and the Survivors and Survivor of them, and their Heirs, and the Heirs of the Survivor of them, for ever, to the end that they might be seised and vested thereof to the Uses, Intents and Purposes in the said Will of the said John Roan and in the said Decree mentioned; and it was further ordered, adjudged and decreed, that when and as often and as soon as any Six or more of the said Feoffees should happen to die, or depart from inhabiting within the said Parish, or refuse to act in the said Trust, the remaining Trustees or their Heirs should, within Three Months next after Request to them to be made by the Vicar, Churchwardens and Overseers for the Poor of Greenwich aforesaid, assure the Premises unto Two other sufficient Persons to be nominated as Trustees, who should within One Month convey and enfeoff over and assure unto Twelve such other and more Persons of the said Parish, besides the Vicar, Churchwardens and Overseers of the Poor of the said Parish for the Time being, and from Time to Time for ever thereafter being, who were always to be Feoffees of the Premises aforesaid, whereof the Six surviving Feoffees to be Part, and that the said Twelve Feoffees and the Survivor of them, and their Heirs, should stand and be seised and vested of the said Lands, Messuages and Tenements, with the Appurtenances, to the Uses, Intents and Purposes aforesaid; and that the like Course of passing and assuring the said Lands, Messuages and Tenements, with the Appurtenances, should for ever thereafter be duly held, observed and performed (toties quoties) when and as often as need should require; and that the said Feoffees and their Heirs, and all other Person and Persons that should at any Time thereafter have any thing in the Premises aforesaid, or any Part thereof, by virtue of such Limitations, Assignment or Appointment as aforesaid, or of the said Decree, or otherwise, by any other Act or Feoffment thereby directed, should stand and be thereof seised to the Uses, Intents and Purposes aforesaid, and thereafter mentioned: And whereas by Indentures of Lease and Release, dated respectively the Twenty-fifth and Twenty-sixth Days of March One thousand eight hundred and twenty-four, the Release made between Henry Goodwyn, William Forman, Samuel Enderby, Robert Campbell, Edward William Forman, Richard Smith, Thomas Barnes, Matthew Smith, William Taylor and Thomas Vardon, therein respectively described, of the First Part; the Reverend George Mathew, Samuel Teulon, Thomas Orr, John Monk, William Baker, Michael Greenwood and William Hampshire, therein respectively described, of the Second Part; Thomas Martyr and Charles Augustin Smith, therein respectively described, of the Third Part; and the said Robert Campbell, Edward William Forman, Richard Smith, Thomas Barnes, Matthew Smith and William Taylor and John Angerstein, The Reverend Charles Parr Burney, John Jacob, John Harrison, Thomas Larkins and Edward Hawke Locker, therein respectively described, of the Fourth Part; reciting (amongst other Things) the said recited Will and Decree, for the Considerations therein expressed the said Lands, Messuages and Tenements devised by the said John Roan, therein respectively described, and situate in the said Parish of Greenwich, with the Rights, Members and Appurtenances thereunto belonging, were (amongst other Premises) conveyed and assured unto the said Thomas Martyr and Charles Augustin Smith, and their Heirs, to the Use of the said Robert Campbell, Edward William Forman, Richard Smith, Thomas Barnes, Matthew Smith, William Taylor, John Angerstein, Charles Parr Burney, John Jacob, John Harrison, Thomas Larkins and Edward Hawke Locker, their Heirs and Assigns for ever, in Trust nevertheless to permit the Vicar, Churchwardens and Overseers of the Poor of the said Parish of Greenwich for the Time being, for ever, to have, receive and take, recover and levy the Rents, Issues and Profits thereof, to be disposed of as in the said recited Decree mentioned")

"Pr. 2. L. 1. After ("the") insert ("said")

"L. 4. After ("in") insert ("the said")

"L. 7. Leave out from ("Angerstein") to ("Charles") in Line 8, and in Line 8 leave out from ("Burney") to ("John") in Line 9, and in Line 9 leave out from ("Jacob") to ("John") in Line 10, and in Line 10 leave out ("and")

"L. 11. After ("Larkins") insert ("and Edward Hawke Locker")

"Pr. 3. L. 20. After ("sealed") insert ("And whereas by a Certificate under the Hand of John Fordyce, Surveyor General of His Majesty's Land Revenue, dated the Twelfth Day of August One thousand eight hundred and five, it is certified that the said Surveyor General had contracted with James Thomas and John Giles, both of Greenwich aforesaid, Gentlemen, for the Sale to them, in Trust for the sole Use and Benefit of the Inhabitants of the said Parish of Greenwich, of a Piece of open Waste Land, containing Three Roods and Three Perches, or thereabouts, Parcel of the Possessions of the Crown, and within the Survey and Receipt of the Exchequer in England, and Parcel or reputed Parcel of the Lordship or Manor of East Greenwich, in the said County of Kent, subject nevertheless to all Rights to which the Tenants or Inhabitants of the said Lordship or Manor were entitled within, upon or over the same; and it is thereby further certified, that for the Consideration therein expressed the said James Thomas and John Giles (Trustees as aforesaid,) and their Successors and Assigns, should be adjudged, deemed and taken to be in the actual Seisin and Possession of the said Premises, and should hold and enjoy the same in as full and ample a Manner, to all Intents and Purposes, as His Majesty, His Heirs or Successors, might or could have held or enjoyed the same by force and virtue of an Act passed in the Forty-second Year of the Reign of His Majesty King George the Third, intituled, "An Act for consolidating the Provisions of the several Acts passed for the Redemption and Sale of the Land Tax into One Act, and for making further Provisions for the Redemption and Sale thereof; and for removing Doubts respecting the Rights of Persons claiming to vote at Elections for Knights of the Shire and other Members to serve in Parliament, in respect of Messuages, Lands and Tenements the Land Tax upon which shall have been redeemed or purchased:" And whereas the said last-mentioned Premises, described in the said recited Certificate, and situate in the Parish of Greenwich aforesaid, are now vested in the said James Thomas, as the surviving Trustee thereof, in Trust for the Inhabitants of the said Parish of Greenwich, and are respectively on Lease to John Lewis Wattson and John Young for Terms of which Forty-one Years are respectively unexpired at Christmas last, at Rents specified in the Fifth Schedule to this Act, and amounting in the whole to the Sum of Thirty-two Pounds per Annum: And whereas the said Rents described in the Fifth Schedule to this Act are reserved and payable upon and out of the said last-mentioned Premises, and have been from Time to Time received by the Churchwardens of the said Parish of Greenwich for the Time being, and applied by them towards the Relief of the Poor of the said Parish")

"Pr. 7. L. 23. After ("Building") insert ("Projection")

"L. 25. After ("upon") insert ("or over")

"Pr. 8. L. 3. Leave out from ("paid") to ("into") in Line 5.

"Pr. 20. L. 32. Leave out from ("annexed") to ("either") in Line 38.

"Pr. 23. L. 32. After ("shall") insert ("have") and in the same Line after ("may") insert ("hereafter")

"Pr. 27. L. 17. Leave out ("said") and in the same Line after ("Trustees") insert ("or Trustee")

"In the Third Schedule:

"Pr. 29. L. ult. After ("upon") insert ("or over")

"In the Fifth Schedule;

"In the Second Column:

"Pr. 40. L. 11. After ("Deptford") insert ("on Lease for Sixty-one Years from Christmas One thousand eight hundred and nine")

"L. ult. After ("above") insert ("on Lease for Sixty-one Years from Christmas One thousand eight hundred and nine")

"In the Heading to the Third Column:

"Pr. 39. L. 26. Leave out ("Names") and insert ("Name")

"L. 27. Leave out ("Owners") and insert ("Owner")

"In the said Third Column:

"Pr. 40. L. 2 to 5. Leave out ("Parish Officers of Greenwich for the Time being") and insert ("James Thomas, surviving Trustee in Trust for the Inhabitants of Greenwich")

And the said Amendments, being read a Second Time, were agreed to by the House.

Then the following Amendment was made by the House to the said Bill:

Pr. 26. L. 21. After ("mentioned") insert Clause A.

"Clause A. And whereas the said Charles Parr Burney (One of the Feoffees of the said Roan's Charity) is at present residing Abroad, and is therefore unable to attend upon the Committee of The House of Lords, and his Consent to this Act has not yet been proved; be it therefore enacted, That neither this Act nor any thing herein contained, so far as the same extends to the said Roan's Charity Estates, shall be construed, deemed or taken to be good, valid or effectual, unless and until the said Charles Parr Burney shall signify his Consent to this Act by Writing under his Hand, and attested by One or more credible Witness or Witnesses, within Six Calendar Months after the passing of this Act; and such Writing or Writings shall be enrolled in the High Court of Chancery; and such Consent may be given in the Form or to the Effect following; (that is to say,) I Charles Parr Burney do hereby consent to an Act of Parliament passed in the First Year of the Reign of His Majesty King William the Fourth, intituled, "An Act for the Improvement of the Town of Greenwich, in the County of Kent, and for the better Regulation of Roan's Charity there," so far as the said Act can or may affect or concern me, or any other Person or Persons claiming or to claim by, from or under me. Given under my Hand, this Day of One thousand eight hundred and."

East Retford Election Bill;

The Order of the Day being read for the further Consideration and Second Reading of the Bill, intituled, "An Act to prevent Bribery and Corruption in the Election of Burgesses to serve in Parliament for the Borough of East Retford;" and for the Lords to be summoned; and for permitting Counsel to examine Witnesses in support of the Bill; and for hearing Counsel on the Petition of the Burgesses of the Borough of East Retford, in the County of Nottingham, whose Names are thereunto subscribed, praying their Lordships, "That the said Bill may not pass into a Law;"

Counsel were accordingly called in.

Then John Cottam was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "Are you an Alderman of the Town of Retford?"

"Yes."

"How long have you been an Alderman?"

"Rather more than Three Years."

"How long have you been a Freeman?"

"I think Forty-one Years."

"Did you hold a Situation in the Office of the Receipt of the Exchequer?"

"Yes."

"For how many Years?"

"Thirty Years."

"Have you retired from that Situation now?"

"I left it Eight Years ago."

"Did you retire upon a Retiring Allowance from the Office?"

"Yes."

"Are you acquainted with Mr. Hornby?"

"I know him personally."

"How long have you known Mr. Hornby?"

"Not more than Four or Five Years."

"Have you known Mr. Hornby ever since he came to reside at Retford?"

"I think thereabouts."

"Do you recollect a Mr. Ogilvy coming to canvass the Town of Retford?"

"Yes."

"When did he come; at what Time of the Year?"

"I do not know exactly."

"Was there an Entertainment given by him on the Night of his Arrival?"

"There was, either that Night or the Night after."

"Were you present upon that Occasion?"

"I was."

"Was it attended by any considerable Number of Persons?"

"I do not exactly know now."

"How many do you suppose?"

"I cannot say."

"How long did you continue there?"

"I was not there more than the First or Second Day, at the furthest."

"How long did you continue at that Supper?"

"At least Three or Four Hours."

"During the Time you continued at Supper, did you hear any thing said about the Freemen receiving Money?"

"I do not remember."

"Do you think that that could have happened without your recollecting it?"

"I really cannot say; I should think not."

"Do you remember at any Time any Conversation taking place between you and any of the other Aldermen and Mr. Ogilvy with reference to any Deposit of Money?"

"There was a general Conversation."

"What was that general Conversation?"

"I believe there was some Remark made as to his leaving a Deposit, that the Innkeepers Bills might be paid."

"Have you a distinct Recollection that that was the Object for which the Deposit was to be made?"

"I do not recollect any otherwise."

"To the best of your Recollection, that was the Object?"

"It was."

"Do you remember whether any specific Sum was stated?"

"Not exactly, I do not; I did not interfere much with it."

"Did you belong to the Blue Club?"

"I did."

"Were you one of the Founders of it?"

"I dare say I was."

"Did you belong to it shortly after its Formation?"

"I did."

"What was the Object of the Blue Club with reference to the Retford Election?"

"It was done to oppose the Catholic Creed."

"Was Sir Henry Wilson the Candidate upon the Interest that you supported?"

"He was."

"What Interest did Mr. Ogilvy come forward upon?"

"I am sure I cannot say."

"Had you any Conversation with him about the Catholic Creed?"

"Not as I recollect."

"Had you any Conversation with Mr. Ogilvy, or with Mr. Hornby in his Presence, as to the Grounds upon which Mr. Ogilvy was to come forward to be a Member for the Town of Retford?"

"None that I know."

"Did you at any Time canvass with Mr. Ogilvy?"

"I did not."

"Did you at any Time communicate with any of the Voters of East Retford on behalf of Mr. Ogilvy?"

"Not knowingly."

"Did you at any Time, or in any Manner, ever hold any Conversation with him about Election Money?"

"Not as I know."

"Could you have held such a Conversation and not know of it?"

"No; if I had held such a Conversation I should have known of it."

"Had you ever any Conversation with Mr. Ogilvy upon the Subject of Money being given to the Electors?"

"None whatever."

"Was any such Conversation ever held with Mr. Ogilvy in your Presence?"

"Not that I recollect"

"Could it have happened without your recollecting it?"

"Not in my Presence."

"Was there ever any Conversation between Mr. Ogilvy and any other Person that you heard, in your Presence, touching Money being given to the Electors?"

"I do not remember."

"Could such a Thing have happened without your remembering it?"

"It certainly could not."

"Did you ever caution Mr. Ogilvy that he would be frequently asked, as he passed through the Town, whether he had come to a proper Understanding with the Gentlemen who accompanied him?"

"Not that I remember."

"You are an Alderman, as you have stated?"

"Yes."

"Did you at any Time ever caution Mr. Ogilvy that he would be frequently asked, as he passed through the Town, whether he had come to a proper Understanding with the Gentlemen who accompanied him?"

"Not that I know."

"Could such a Caution have been given by you without your knowing it?"

"To be sure not."

"Did you ever state to Mr. Ogilvy, that it was the Method by which the Freemen knew whether to promise him their Vote or not?"

"Certainly not."

"Did you at any Time ever hear the Expression of "All is right" made use of in the Town of Retford in any particular Sense?"

"Not in any other Way; no more than what one Servant would say to another; the same as Coachmen say when they are driving, when they say that all is right."

"Have you ever heard it used in any particular Sense, except as Coachmen or as Servants do?"

"Not in any other Way."

"Did you hear it used to denote the Sum of Twenty Guineas, or Forty Guineas, or any other Sum?"

"At no Time."

"Did you at any Time advance any Money to Hornby?"

"I did."

"How much?"

"Ten Pounds Five Shillings."

"For what Purpose did you advance that Sum?"

"At Two different Times; the first was to pay the Expences of one of the Burgesses to go to Southwell, to bring a Person from Southwell that had a Vote, to pay the Expence of a Chaise."

"Do you know who that Voter was?"

"I think his Name was Hindley."

"What was the other Occasion upon which you advanced Money?"

"It was towards paying the Expences of Freemen going Home."

"Whose Expences?"

"Some of Sir Henry Wright Wilson's Party; Mr. Hornby was a sort of Manager or Agent, and I let him have the Money; a general Subscription was made of those that had Money to spare, towards paying the Expences of the People to go Home."

"Mr. Hornby was Agent to Sir Henry Wright Wilson?"

"He was."

"Did Mr. Hornby, upon either of those Occasions, give you any Note or Memorandum in Writing of the Money?"

"A Memorandum.

"Have you that Memorandum here?"

"I have."(Producing the same.)

"Do you know Mr. Hornby's Handwriting?"

"Yes."

"Do you believe that to be his Handwriting?"

"I do."

"I understood you to say, that this was given in consequence of your advancing Money, partly to bring a Voter from Southwell, and partly to pay the Expences of Sir Henry Wilson's Voters going Home?"

"Yes."

The same was delivered in, and read as follows:

"Mr. Dennett,

"Please to pay John Cottam Esquire Ten Pounds Five Shillings.

"Jno. Hornby."

"27th July 1826."

The following Indorsement was read:

"9th February 1827.

"The within Order remains unpaid.

"Jno. Hornby."

"That I perceive is a Check drawn upon Dennett; who is Dennett?"

"The Keeper of the White Hart Inn."

"And that was drawn on Dennett to repay your Advances?"

"It was."

"Did Dennett honour the Check?"

"He had no Effects."

"Have you ever received the Money, either from Dennett or any other Person?"

"Not from any Person."

"Then you are still those £10 5s. out of Pocket for the Money you advanced to Hornby under the Circumstances you have stated?"

"Yes; for Sir Henry Wright Wilson."

"Have you ever applied to Mr. Hornby for Repayment of this Sum?"

"I did, Two or Three different Times."

"When was the last Application?"

"It may be a Year and a Half or Two Years ago."

"What Answer did he give you?"

"He said he either would not or could not, I forget which."

"In point of fact, he did not, and you are still unpaid?"

"Yes."

"You have been a Freeman Forty-one Years?"

"Yes."

"Have you voted at Elections?"

"At different Periods."

"Did you ever, at any Time, in any Way whatever, directly or indirectly, receive any Money for your Vote?"

"No."

"How long have you known Hornby?"

"Perhaps Four or Five Years."

"Have you had much Intercourse with him?"

"Never much; only on account of the Election."

"Were you applied to by Hornby to sign any Certificate of his Character?"

"Yes; and I refused doing it."

"How long ago was that?"

"I cannot say; perhaps a Year and a Half or Two Years."

"Do you know whose Handwriting that Indorsement is upon the Paper?"

"I believe it to be Mr. Hornby's."

Cross-examined by Mr. Law.

"You remember Mr. Ogilvy coming to canvass the Town?"

"I do."

"Did you accompany him upon his Canvass?"

"I did not; he was a Stranger to me."

"You say there was a general Conversation, and some Remark about leaving a Deposit; will you be good enough to say what Sum was mentioned as a Deposit?"

"I do not recollect exactly."

"Was it a £1,000 or £1,500?"

"I think £1,500."

"Was there, at the same Time, a Mention of a further Sum of £2,000 for another Purpose?"

"I do not remember."

"Can you take upon yourself to say that, in addition to £1,500 Deposit, the Sum of £2,000 was not also mentioned for another Purpose?"

"It might be, but I do not remember it."

"Can you take upon yourself to say that it was not mentioned?"

"I would not say otherwise; not in my Hearing; I have no Motive whatever except to speak the Truth."

"Have you such a Recollection as to be able to deny that being said?"

"I do not remember such a thing; but as to the Innkeeper's Bill, I do."

"And to the Extent of £1,500?"

"Yes."

"When you advanced this Money to Hornby, the £10 5s., was it not for the Purposes of Sir Henry Wright Wilson's Election, and not on his own Account?"

"I do not know; I lent it to Mr. Hornby, thinking it was for Sir Henry Wright Wilson."

"Was not the Purpose for which he borrowed it assigned to be the Payments of Chaise Hire, to promote Sir Henry Wilson's Interest?"

"It was."

"And you were one of the Committee who forwarded the Interest of Sir Henry Wilson?"

"I was one of the Subscribers."

"Did you not raise among yourselves a Subscription to treat the poor Burgesses?"

"As to the Nature of the Blue Club, they might subscribe at Times; they were not all Burgesses."

"Was there not a Sum subscribed by the Blue Club to treat the Burgesses in their Interest?"

"It might be; a mere Trifle."

"Are you acquainted with a Person of the Name of Meekly?"

"Very well, very much so indeed; more than I ever wished to be."

"Were you a Creditor of his?"

"Materially so."

"Had you Opportunities of hearing him examined upon his Oath?"

"Yes, I had."

Mr. Adam objected, "That as Meekly had not yet been called, no Question could be put for the Purpose of affecting his Credit."

Mr. Law stated, "That he would postpone the Question 'till a future Time."

"With regard to Meekly, did you see him that Night at the Entertainment given by Mr. Ogilvy?"

"I think he was there."

"Did you see one of the Parkers there too; Darker Parker?"

"Yes."

"Did you see John Thornton there, who is since dead?"

"Yes."

"Were those several Persons present when Mention was made of the Deposit of £1,500 for the Publicans?"

"I do not know exactly; John Thornton was there; I know Alderman Clark was there too."

"Had you any Conversation, previous to your going there, about this Deposit?"

"None that I remember."

"Can you take upon yourself to say that it did not pass before you went to the Public House?"

"Not in my Presence."

"What Day was it that you heard the Conversation about the Deposit of £1,500; was that the Night of the Treat, or afterwards?"

"It was the Night of the Treat, I think."

"Was the Check you have produced the only Memorandum or Check you received from Mr. Hornby?"

"The only one."

"You stated that you have been for a long Time in the Enjoyment of some Office?"

"Thirty Years."

"That was an Office, I believe, that prevented your exercising your Right of voting?"

"No, it did not."

"What Office was it?"

"His Majesty's Receipt of the Exchequer."

"How many Years after you became a Burgess did you hold that Office?"

"I was Thirty Years in the Office."

"Previous to that were you a Burgess?"

"I was."

"Have you had an Opportunity of conversing with the Freemen of Retford?"

"Not much, having been so many Years in London."

"When you were first acquainted with Retford, were you not in the habit of hearing that the Burgesses customarily receive Money after the Elections?"

"I might have heard, but not know that they did."

"Did you not, so far back as Thirty Years ago, hear from Burgesses at Retford that a Sum of Money was customarily paid after the respective Elections?"

"I might have heard it, but only from Hearsay; I never saw any given."

"I ask you, whether you have not heard from the Burgesses that Money was customarily distributed after the different Elections, and that Thirty Years ago?"

"I did not know it immediately from them."

"Did you visit Retford from Time to Time?"

"I did."

"Upon the Occasions of those Visits, did you learn from the Burgesses that Money was customarily distributed after the Elections?"

"I did not associate so much with them as that amounts to, but from general Conversation."

"Can you undertake to say, on all or on some of those Visits that you paid to Retford, you heard the Subject of Payment after the Election talked of by the Burgesses?"

"After the Election I have heard such Hearsay."

"From Burgesses?"

"I cannot say from Burgesses."

"Have you never heard it from your Brother, William Cottam?"

"Yes."

"Was he a Burgess?"

"He was."

"Did you not hear from your Brother, William Cottam, that he received a Variety of Packets, containing Twenty Guineas, to carry out to the Towns and Villages in the Neighbourhood of Retford, to be delivered over to the Burgesses?"

"I have heard, not only him, but some other People say so."

"You had a Brother of the Name of William Cottam, a Burgess?"

"I had."

"Did you not learn from him, that a Custom existed ordinarily to pay the Burgesses who promised their Votes Twenty Guineas after each Election?"

"Yes; I have heard him say that he found it Once or Twice."

"Did you not hear him say that the Burgesses were in the habit of receiving Twenty Guineas who had promised their Votes, after the Election?"

"After the Election; yes, I have."

"Did he not also tell you that he had been sent out on more Occasions than One to distribute Packets containing Twenty Guineas each?"

"Yes, I think I have."

"Did he tell you whether, on being so sent out, he distributed them, according to the Directions, to the Burgesses?"

"Yes, of course he would say that."

"Did he say so?"

"Yes; that he had delivered them."

"Did he state to you whether he had delivered, upon one Occasion, upwards of Forty such Packages after the Election of 1818?"

"The Number I never heard him say."

"Did he say whether there were many or few?"

"He said he had been to Mansfield and some other Places."

"Did he not tell you that upon that Occasion he carried Money or Packages with him?"

"He did not say to me that he carried Money."

"Did he tell you where he got those Packages?"

"I understood him that he had them at the Bank."

"Did you understand from him that he had them from the Hand of Jonathan Fox, at Mr. Foljambe's Bank at Retford?"

"I understood him so."

Re-examined by Mr. Adam.

"When did your Brother William die?"

"I cannot say to Two or Three Years."

"Is it Five or Six Years ago?"

"It is more than that."

"Ten Years ago?"

"Not so much."

"Between Six and Ten?"

"Thereabouts."

"You do not recollect the Time of your Brother's Death within a Year?"

"I do not."

"When did this Conversation take place about those Packets, and Mansfield and the other Places?"

"I cannot say."

"How many Years ago do you think?"

"It may be Eight or Ten Years."

"Have you a distinct Recollection that it was Eight or Ten Years ago that this Conversation took place about the Packages, and yet do not you recollect when your Brother died?"

"Not exactly."

"Where was it you had this Conversation?"

"At Retford."

"At what Place immediately did it happen?"

"It was no more than a general Conversation."

"And it was Eight or Ten Years ago since it passed?"

"I think it was."

"Do you mean to say that you recollect the particular Expression, that the Burgesses were in the habit of being paid; do you mean to swear that such an Expression as that was made use of?"

"I cannot say as to that."

"Can you recollect that he said that he went to any Place in particular?"

"Yes; to Mansfield."

"Is your Recollection so good as to enable you to say whether he mentioned any other Place than Mansfield?"

"Other Villages."

"You are sure that he said other Villages?"

"I think so."

"You think your Memory is good enough to enable you to state that, though you do not recollect the Year when your Brother died?"

"I think so."

(Mr. Law.) "Was the Death of your Brother shortly before the last Election?"

"It was."

(Mr. Alderson.) "How shortly?"

"I cannot say to a Year or two."

The Witness was directed to withdraw. Then Jonathan Savage was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "Were you in the Service of The Reverend Mr. Grey of Tuxford?"

"Yes."

"Before the last Election?"

"Yes."

"Are you a Freeman of East Retford?"

"Yes."

"Do you remember Mr. Hornby coming over to you, at your Master's House, to ask for your Vote?"

"Yes."

"Did you see him more than Once at your Master's House?"

"No."

"Was your Master, The Reverend Mr. Grey, present at the Time?"

"Yes."

"Then I ask you, whether it is true that you asked Mr. Hornby, in your Master's Presence, whether Sir Henry Wilson would pay the Voters?"

"Never."

"Is it true that you stated; in your Master's Presence, that you had heard that Sir Henry Wilson would not pay the Voters, and that you should not vote for him, because you should not like to lose your Money?"

"Never."

"Did any thing of the sort pass in your Master's Presence, when Mr. Hornby was canvassing you, about Money?"

"Nothing."

"Did you say that you were a poor Servant, and could not afford to lose your Money?"

"No."

"Or any thing to that Effect?"

"No, never."

"Did you ask Mr. Hornby any Money for your Vote?"

"Never."

"Or require any Promise of him for Money?"

"Never."

"What did pass between him and you about Sir Henry Wright Wilson; was any thing said about Catholic Emancipation?"

"Yes, there was something said about Catholic Emancipation."

"Did your Master, The Reverend Mr. Grey, take an Interest against the Catholics?"

"No; he never interfered at the Time when Mr. Hornby was with me."

"Did you vote for Sir Henry?"

"Yes."

"Did you vote for him on account of the Catholics?"

"Yes."

Cross-examined by Mr. Law.

"Where did Mr. Grey live?"

"At Tuxford."

"Do you mean to represent that you had no Conversation with Mr. Hornby in the Town Street in Tuxford?"

"Not before the Election."

"At the Time you had the Conversation in the Town Street in Tuxford, was Mr. Grey, your Master, present?"

"No."

"Did you also see Mr. Hornby at Retford?"

"Not before the Election; not to have any Conversation."

"Did you see him at Retford before the Election?"

"Yes."

"When you saw him, did you pass him by, or speak to him?"

"Spoke to him."

"Did that happen more than once?"

"Yes, several Times."

"Have you frequently conversed with him?"

"Yes, I have."

"Was it on the Subject of the Election?"

"Not at all Times."

"But sometimes was it about the Election?"

"Yes, sometimes about the Election."

"Did you come to Retford upon the Subject of the Election; was that your Reason for being at Retford?"

"No; I was working at Retford."

"Was Mr. Hornby, at that Time, active for Sir Henry Wilson?"

"That I do not know."

"Do you mean, then, to represent, that in the Town Street in Tuxford, and at Retford, you had not any Conversation about Sir Henry paying the Voters?"

"Never."

"You yourself?"

"No."

"You had only been recently admitted a Burgess at that Time, had you?"

"No."

"Have you heard of the Custom of paying after the Election?"

"Yes, I have heard of it."

"Have you heard it talked of commonly among the Burgesses?"

"Yes."

"Did not you mention that Subject to Mr. Hornby, having heard that commonly talked of among the Burgesses, that they were paid after an Election?"

"Never."

"But when you spoke of the Election, you never referred to that Circumstance?"

"I never referred to any Money at all."

"Did you ever, in his Presence?"

"No."

"Did you ever allude to Presents that were given after an Election?"

"No."

"Did you make any Difficulty about talking about that customary Present to any Person except Mr. Hornby; was he the only Person that you never spoke to upon that Subject?"

"That I cannot answer."

"When other Burgesses talked to you, did you also talk upon the same Subject?"

"I cannot say that I did."

"Were you a Listener only?"

"I never said that I wished any."

"Did you talk upon the Subject?"

"Yes; but it has been to my Parents, some Time before."

"What did you say to your Parents some Time before?"

"I heard them say that they had received such Sums of Money as Presents."

"Was your Father a Burgess?"

"Yes."

"Is he alive?"

"No."

"Was he alive at the last Election?"

"No."

Re-examined by Mr. Alderson.

"Then, when you say your Parents, you mean One of them, your Father?"

"Yes."

"When did you hear your Father say any thing about it?"

"It is some time ago; a great many Years."

"How many Years?"

"Twelve Years."

"How long has he been dead?"

"About Ten Years."

"Then you never said any thing of this sort to Mr. Hornby?"

"Never."

"Did Mr. Hornby canvass you when he met you in the Street at Tuxford?"

"Never."

"Did he canvass you when he saw you at Retford?"

"No."

"Did he ever canvass you except at the Time when it was in your Master's Presence?"

"No."

The Witness was directed to withdraw.

Then The Reverend Edmund Grey was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "Do you know Jonathan Savage?"

"Yes."

"You are a Clergyman?"

"I am."

"Previous to the last Election at Retford you resided at Tuxford?"

"I believe it was the last Election, in 1826."

"Where do you now reside?"

"At Turvey Moorside, in Yorkshire."

"Was Savage in your Service at Tuxford?"

"He was."

"How long had he been in your Service?"

"I am not aware; perhaps Nine Months."

"Do you recollect Mr. Hornby coming over to your House to canvass him?"

"I remember a Person coming to canvass Jonathan Savage, but what his Name was I do not remember."

"What sort of a Person was it?"

"I have no Idea; I did not know him; but only one Person canvassed Jonathan Savage in my Presence."

"Can you describe his Person at all?"

"Not in the least."

"What passed between that Person and Jonathan Savage?"

"He asked my Leave to canvass Jonathan Savage, who, he understood, was a Voter of Retford; he was canvassed by the Person in my Presence, and he refused to give his Vote to him."

"Was any thing said, by either Savage or the Person, respecting Money, at that Time?"

"I believe, as far as my Recollection goes, nothing was said about Money."

"Was any thing said upon any other Subject why he should vote?"

"Jonathan Savage said, I think, as far as my Recollection goes, which is not very accurate at this Distance of Time, not being interested about the Election in the least, I do not clearly recollect what was said, but generally I believe, from my Recollection, that he objected to the Candidate for whom this Person canvassed, on the Ground of his being favorable to the Catholics, and Jonathan Savage said that he was favorable to another Candidate, who was against the Catholics."

"Is that the only Time that you remember?"

"The only Time."

"And upon that Occasion nothing was said about Money?"

"Not to my Recollection."

Cross-examined by Mr. Law.

"Did not I understand you, that the Party who canvassed Savage was in favor of the Catholics?"

"Jonathan Savage believed that he was in favor of the Catholics."

"And objected to him on that Ground?"

"He did so, as far as my Recollection goes."

"When did Savage leave you?"

"I can tell by referring to my Memorandums."

"Had you any particular Reason for parting with him?"

"I had a particular Reason for parting with him."

"What was this Reason?"

"His Conduct in one Instance was not correct, and I parted with him on that Ground."

"What Ground was it?"

"I am sorry to be obliged to state it, but the Maid was with Child."

(Mr. Alderson.) "That was all, was it?"

"That was all."

"It was no Objection to his Honesty?"

"I believe him to be honest, and I should have believed him to speak the Truth."

The Witness was directed to withdraw.

Then Matthew Wass was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "Do you live at Retford?"

"No."

"Where do you live?"

"At Kirton."

"Are you the Father of George Wass?"

"Yes."

"Was your Son a Freeman of Retford?"

"He was."

"Do you know a Person of the Name of Hornby?"

"Yes, I know him by Sight."

"Did he ever canvass you?"

"Never."

"Are you a Freeman of Retford?"

"Yes."

"Did Mr. Hornby at any Time ever ask you for your Vote for Sir Henry Wilson?"

"Never."

"Then did you ever say to Mr. Hornby, upon any Occasion, that you should not vote for Sir Henry, because you were sure you would not get your Money?"

"Never."

"Or any thing to that Purpose?"

"Never."

"Mr. Hornby, you say, never canvassed you at all?"

"Not at all."

"Did Mr. Hornby ever ask you to interfere to get your Son's Vote?"

"Never."

"Did he ever canvass your Son for his Vote in your Presence?"

"Never, in my Presence."

"Did you ever hear your Son hold any Conversation with Hornby about the Election?"

"Not at all."

"Did you ever hear him ask whether he was to have his Money?"

"No, never."

"Did you ever hear your Son say that he had promised One Vote, and that he would not go from his Promise to Hornby?"

"I heard him say that he had promised One Vote to Henry Wilson, but not before Mr. Hornby."

"Do you know a Gentleman of the Name of Horncastle?"

"Yes."

"Did he ever ask you to canvass your Son for Mr. Wrightson?"

"He asked me if my Son would give Mr. Wrightson a Vote, and I told him I did not know whether he had promised, or not."

"Do you know whether he did promise?"

"I do not know whether he did or not; I heard him say that he asked him for a Vote, if he had one to spare."

"But Mr. Hornby never canvassed you, and never said any thing about Money to you?"

"Never, in this World; I am upon my Oath, and I would say so if I never went out."

Cross-examined by Mr. Law.

"You have been examined here before, have you not?"

"Yes."

"Were you unwell when you were here before?"

"I was not unwell; but there was a wrong Information; the Gentleman that spoke to me told me to speak up; and he understood that I was deaf, and I told him I I could not hear so well as I could Twenty Years since."

"Were not you at Mrs. Crouch's when you were here before?"

"I was."

"Did you see Richard Undy there?"

"Yes; and several other Persons."

"I ask you, upon your Oath, whether, when you returned Home to your Lodging, after having been examined here as a deaf Man, you did not say in Undy's Presence and others, that you had done them nicely; that you pretended to be deaf, and that you did not answer unless they shouted in your Ear; and that you heard the Counsel say, "Let him go down, we shall have more Trouble with him than he is worth?"

"I never said any such thing at Mrs. Crouch's. When I was going out here, at the Place where we stand, I said, "The Gentleman that asked me the Question understood me that I was deaf;" and so they all fell a laughing at me as I went out; but they said, "You have got off nicely; you deaf!" but I cannot hear half so well as I could Twenty Years ago. As to Mr. Undy, I can be believed as well as Mr. Undy or Mr. Hornby, too; this is wrong understood."

"Did you, or did you not, at Mrs. Crouch's, in the Presence of Richard Undy and others, say that you had been pretending to be deaf, and you did not answer unless they shouted at you?"

"I never did; what was said was in here, where the Witnesses stood. I said, "The Gentleman that questioned me understood that I was deaf;" and so they all fell a laughing at me, saying that I was deaf; but not at Mrs. Crouch's."

"Do you remember having any Conversation with Mr. Hornby in Retford?"

"Not at all."

"Between Mr. Foljambe's Bank and Cookson's Half Moon?"

"Never."

"No Conversation at all?"

"Not in the World."

"You never saw him, perhaps, during the whole Time?"

"I knew him by Sight, and that is all; I never had nothing to do with him in this World."

"He never applied to you for your Vote?"

"Never."

"Did you know that he was Sir Henry Wright Wilson's Agent?"

"Henry Wright Wilson canvassed me close to the Moon, on the Election Day Morning."

"Did you know Hornby to be Henry Wright Wilson's Agent?"

"Not at all."

"Was Mr. Hornby present when Sir Henry Wright Wilson canvassed you on the Day of the Election?"

"No."

"Do you recollect standing between the Retford Bank and Cookson's, where there was a Waggon drawn up?"

"No."

"Who canvassed you for Sir Robert Dundas and Mr. Wrightson?"

"I do not know whether I ever was canvassed or not."

"You do not know whether, at the last Election, you were canvassed for Sir Robert Dundas and Mr. Wrightson?"

"No, I cannot; I might be; but I know who canvassed me on the Election Day Morning."

"Who did you vote for?"

"I voted for Sir Robert Dundas and Mr. Wrightson."

"Having recollected that, do you mean to state you do not know whether you were canvassed for your Vote at that Election?"

"There are several Elections when I voted, and I was canvassed."

"At the last Election, I am asking?"

"I can recollect no Person except Mr. Wilson, and Mr. Dickenson was present close by."

"Then you mean to state that you have no Recollection at the last contested Election, of having been asked for your Vote for either of those Two Candidates?"

"It might be, but those were the Gentlemen that I promised."

"Whom did you promise to?"

"You mean whom did I serve."

"Did you promise your Vote?"

"I promised my Vote to Sir Robert Dundas and Mr. Wrightson."

"Whom did you promise your Vote to?"

"In the Hall."

"Did you tell them you should vote for them?"

"No; but when I was called on by the Town Clerk."

"Before you voted, had you not promised your Vote?"

"I do not know that I had."

"Have you attended any Meetings of the Purples?"

"I have sometimes, but it was very seldom that I went among them."

"Can you tell us whether before the Election you had ever been canvassed for your Vote for these Two Candidates?"

"I might, but those were the Two Gentlemen that I served."

"Your Memory is so indifferent, that you cannot say whether you were canvassed for them?"

"I remember that I was canvassed by Henry Wilson on the Election Morning."

"Do you know George Thornton?"

"Yes."

"Did he canvass you?"

"He might; I cannot say."

"Did you know Foljambe?"

"Yes."

"Did he canvass you?"

"He might."

"Did you know Colonel Kirk."

"Yes."

"Did he apply to you for your Vote for Sir Henry, or Sir Robert, or Mr. Wrightson?"

"I cannot say."

"Are you of so bad a Memory, that you do not know whether either of those Persons canvassed you, or whether you were canvassed at all for those Two Candidates?"

"I might be; I cannot say."

Re-examined by Mr. Adam.

"Colonel Kirk was dead before 1826, was not he?"

"I dare say he was."

The Witness was directed to withdraw.

Then George Wass was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "Were you a Freeman at the last Election at Retford?"

"Yes."

"Where did you live?"

"At Kirton."

"How far is Kirton from Retford?"

"Nine Miles."

"Do you know Mr. Hornby, the Attorney?"

"Yes, I know him."

"How long have you known him?"

"I knew him at the Election."

"Did you ever know him before the last Election?"

"Never."

"Did he canvass you for any body?"

"No."

"Did he ever canvass you for Sir Henry Wilson?"

"No."

"I need hardly ask whether he ever said any thing to you on the Subject of your Vote?"

"He never said any thing to me, or me to him."

"Did you ever promise any Vote for Sir Henry Wilson?"

"No, never."

"Did you ever ask him for any Money?"

"No; I never received any."

"What are you?"

"A Blacksmith."

"Did you ever say any thing to Mr. Hornby about whether every Freeman was to have his Money?"

"Never."

"Nor any thing about Money at all?"

"Not at all."

"Who is your Landlord?"

"Gally Knight is my Father's Landlord."

"Who did you vote for?"

"Sir Henry Wright Wilson and Mr. Wrightson."

"Who asked you to vote for Mr. Wrightson?"

"Mr. Knight's Steward."

"Do you know Mr. John Horncastle?"

"Yes."

"Is he Mr. Knight's Steward?"

"Yes."

"Do you know whether Mr. Horncastle asked for your Vote through your Father?"

"He asked my Father if I had promised."

"Why did you vote for Mr. Wrightson; did you know Mr. Wrightson?"

"Yes."

"And Mr. Gally Knight's Steward asked your Father to ask you to vote for him?"

"Yes; Mr. Knight's Steward asked my Father to ask me to vote for him; and I understood he was a Gentleman of good Character, and I voted for him."

"Why did you vote for Sir Henry?"

"One of the Burgesses told me he was going to give an Election Dinner, and I went to Retford; and I enquired into his Character, and I found he was of good Character, and I promised my Vote."

"But as to Mr. Hornby you never spoke to him upon the Subject?"

"No; he never exchanged a Word with me upon the Subject."

The Witness was directed to withdraw.

Then James Bailey was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "I believe you were one of my Learned Friend's Witnesses who were examined before?"

"Yes."

"I believe you have already given Evidence about the Package you received?"

"Yes."

"Do you know Mr. Hornby?"

"Yes."

"You were called before him, I suppose?"

"I have often been before him."

"Had you ever any Conversation with him to this Effect, that if there were such Candidates as would guarantee the Freemen, they might have a Chance of being returned at the last Election?"

"Never."

"Do you remember Mr. Maddox coming forward?"

"Yes."

"Did you ever call upon him, at that Time, to give him any Information about the Course to be pursued with reference to the Candidate?"

"No."

"Did you call upon him, and say, that he might not know the Custom of the Borough, and that you thought it right to tell him; and that you then told him, for a single Vote the Burgesses required Twenty Guineas, and for a Plumper they required Forty Guineas, and that that had been usually paid?"

"I never told him no such thing."

"Did you ever say, that if the Two Mr. Cottams and Mr. Clark would guarantee the Freemen, the Candidate might have a Chance of being returned?"

"Never such a Word."

"Any thing to that Effect?"

"Never."

"Then you never stated any thing to Mr. Hornby respecting the Necessity of expending Money upon the Voters?"

"Not a Word of that kind."

Cross-examined by Mr. Law.

"Had you ever any Conversation with Mr. Brooks, who was described as Parson Brooks?"

"I had very little Conversation with Mr. Brooks."

"Had you ever any about this Election, or the Catholic Question?"

"Not with Mr. Brooks."

"Did you ever hear him, publicly or privately, deliver his Sentiments upon those Subjects?"

"I never did."

"Have you seen Alderman John Parker before you came here?"

"I saw him in the Room."

"Before To-day?"

"I saw him about a Fortnight ago, in Town."

"Was your Examination read over in his Presence?"

"No."

"When you saw John Parker, was the Subject of your Evidence discussed?"

"Not at all."

"You did not talk about this Matter at all?"

"Not with Mr. Parker."

"What was the Occasion of your being with John Parker?"

"I was with John Parker a very few Minutes."

"And he did not talk to you about your Evidence at all?"

"Not at all."

"Are you an Alderman, or a Magistrate of Retford?"

"Yes."

"Did you know William Baker, a Burgess?"

"Yes."

"Did you refuse him a Ticket at the Dinner that was given; the Corporation Dinner?"

"Yes."

"Did you assign as a Reason, that you had determined not to give him one, because he gave Evidence before the House of Commons against the Borough?"

"I had no Business to give a Ticket to any one, without I chose."

"Did you assign that Reason?"

"I will not say what it was."

"Will you venture to say that you did not assign that Reason for refusing him the Ticket; because he gave Evidence before the House of Commons against the Borough?"

"I had heard that he had come, and done all that he could against us, and I refused to give him a Ticket."

"Do you know William Hodgson?"

"Yes."

"Did you take his Son as an Apprentice?"

"Yes."

"Did you not take him upon the Understanding that he was to have Two Years Board if the Borough was disfranchised, and Three if it was not?"

(Mr. Alderson.) "Were the Terms upon which you took that Person in Writing?"

"No; there was no Writing at all."

(Mr. Law.) "The Terms not having been in Writing, did you not take William Hodgson, a Freeman, as your Apprentice, upon the express Understanding that he was to have Two Years Board if the Borough was disfranchised, and Three if it was not?"

"I can hardly say whether I did or not; I cannot recollect whether there was any thing of the sort mentioned; there perhaps might be some Word about it."

"Upon your Oath, did you not make that Bargain?"

"I cannot say whether there was any Bargain of that kind made, entirely; I think there was no Bargain of the kind."

"Will you swear that you did not take him upon that express Understanding, that he was to have Two Years Board if the Borough was disfranchised, and Three if it was not?"

"I am sure I can hardly say any thing about taking the Boy in that kind of way, with any such Bargain as that."

"Did you, or did you not, upon your Oath?"

"I can hardly say whether I did or not."

"I must have an Answer; these Things do not occur every Day?"

"I cannot say whether he did or not; there was some little Words about it; not to the Effect of taking him in that Way."

"Will you swear that you did not expressly stipulate that he should have Two Years Board if the Borough was disfranchised, and Three if it was not?"

"There was no Agreement, I think, of that kind."

"Was not that stated between you, when you took him?"

"There was some Word of that sort."

"Were you canvassed for Dundas and Wrightson at the last Election?"

"I promised Dundas and Wrightson."

"Did you exert yourself for them?"

"I cannot say that I did."

"How long have you been a Burgess?"

"I should think Twenty Years."

"Do you know the Custom of paying Twenty Guineas for a Promise, after the Election?"

"There has been that paid."

"Did you not know that it was customary to pay Forty Guineas for a Plumper?"

"Yes."

"How far did you live from Mr. Hornby at the Time he was there?"

"Very near."

"Were you a Tradesman of his?"

"Yes."

"Had you frequent Conversation with him?"

"Very little about Electioneering."

"Was the Subject talked of generally; this Custom to pay?"

"He came and bored me; I never went to him about Electioning."

"When you were with him, did you tell him what you had known, being a Burgess of Twenty Years standing?"

"I did not tell him."

"What was the Subject of your Conversation when he came?"

"I never wished to say any thing to Mr. Hornby, as I was not of his Party; he bored me a great deal."

"You never told him any thing of the Custom?"

"I never told him any thing of the kind."

"Perhaps you never told any body what the Custom was?"

"I very seldom said any thing to any body about it, and never did to no one."

Re-examined by Mr. Alderson.

"What Custom is it, of which you say, as my Learned Friend says, you are aware; what do you mean by the Custom?"

"I do not understand you."

"You have answered to my Learned Friend, that you were aware of the Custom of giving Twenty Guineas upon the Promise of a Vote?"

"As I gave my Evidence before."

"Do you mean to say, that you knew no Instance in which a Person had Twenty Guineas upon having promised his Vote?"

"No, I do not know."

"Did you ever know any Custom to have any Bargain with any one?"

"Not ever, to my Knowledge."

"Have you ever known any Instance of any body receiving Money after the Election except yourself?"

"I have heard speak of it."

"By whom?"

"There are several I have heard speak of it; I cannot say who."

"What did they say?"

"They said they had received a Packet."

"What have you heard them say?"

"I heard them say that they have received Packets."

"Have you heard them say any thing more than that they have received Packets?"

"No."

"Is that all that you know about the Custom that my Learned Friend spoke about?"

"That is all I know."

"When you were formerly here, you were asked the Question whether you knew, of your own Knowledge, something that Mr. Brooks had said?"

"I am sorry to say that was a Slip of the Tongue; I did not exactly understand it."

(By a Lord.) "Can you recollect the Names of any of the Parties who told you they had received Packets?"

"I cannot exactly."

(Mr. Alderson.) "You have been asked the Question about taking an Apprentice; is the Freedom of the Borough considered a valuable Privilege with you?"

"In giving the Treats and that; we had several Treats in a Year."

"Do the Corporation give Treats in the Year?"

"Yes."

"Is it considered an Advantage to be a Freeman of the Borough?"

"A great Advantage."

"Have they any Advantages in Trade over other Persons?"

"Yes, they have Advantages in Trade."

"You say you made a Bargain for an Apprentice; is an Apprentice entitled to receive his Freedom upon serving?"

"Upon serving Seven Years Apprenticeship."

"Is it with you, as it is in other Places, considered a Privilege to have the Right of voting?"

"Yes, it is."

(By a Lord.) "Be so good as to state of whom you heard that the Packages were received; name some one Person?"

"I cannot mention a Person in particular."

"Was it so frequent that you cannot point out any particular Person?"

"I cannot exactly say who it was."

The Witness was directed to withdraw.

Then William Burton was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "Are you a Freeman of Retford?"

"I am."

"How long have you been so?"

"About Five or Six-and-twenty Years."

"What is your Business?"

"I am a Coal Merchant of the Borough."

"What Parish do you live in?"

"In the Parish of Clarborough."

"Is any Part of the Town of Retford in the Parish of Clarborough?"

"It is adjoining to Retford."

"Do you know Mr. Hornby?"

"I do."

"Does Mr. Hornby live in the Parish of Retford, or in the Parish of Clarborough?"

"In the Parish of Clarborough, he did."

"Do you hold any Public Situation in that Parish?"

"I collect the King's Taxes."

"What does Mr. Hornby occupy in the Parish of Clarborough?"

"He ocupied a largish House in the Parish of Clarborough, in the Situation of an Attorney."

"Had Mr. Hornby and you ever any Dealings in Money?"

"Yes."

"What did he buy of you?"

"He has bought Coals of me; he has bought Ale of me."

"Has he paid for them?"

"No, he has not."

"Have you ever applied to him for Payment?"

"I have."

"Did you ever see Mr. Hornby upon the Subject of the Election?"

"Many Times, at the Time of electioneering."

"Have you ever had any Conversation with him upon the Subject of the Election?"

"I cannot say that I have, any more than a little Chatting with him, the same as other People."

"Did you know that Mr. Hornby was Sir Henry's Agent?"

"I heard say so."

"Had you any Conversation with him after you had heard that he was Sir Henry's Agent?"

"Not particular."

"Did you ever say this to him, that Sir Henry was never likely to succeed, because he would not pay the Voters?"

"No, never."

"Or any thing to that Effect?"

"Nothing of the kind."

"Are you quite sure that you never had any other Conversation with him than that?"

"I am quite sure."

Cross-examined by Mr. Law.

"Do you know a Person of the Name of Clayter?"

"Yes, I think I do."

"And Mr. Walker, a Saddler?"

"I think I do."

"Did you ever say to either of them that you had put all your Sons Apprentices to Freemen, though not one of them followed their Business, for that Forty Guineas every Four or Five Years was a very good thing?"

"Never in my Life."

"Now take care; I have mentioned Two Names to you."

"If you mention Twenty, I never did."

"Do you mean to say, that in the Presence of neither of those Persons you said you had put all your Sons Apprentices to Freemen, though not one of them followed their Business?"

"I never said so to them."

"Have you put all your Sons to Freemen?"

"I have put Two."

"Do any of them follow your Trade?"

"Yes; one of them; there is but One."

"Does he follow the Trade?"

"Yes, at Times; and the other is in the West Indies."

"Who did he serve his Apprenticeship to?"

"To George Slaney."

"Do you mean to say that he commonly follows his Trade?"

"He does, at Intervals."

"What does he do at other Intervals?"

"He goes a boating at Times."

"Do you mean to represent that he gets his Livelihood by that Trade?"

"He works at it when he pleases."

"Did you never say that you knew Forty Guineas every Four or Five Years was a very good thing?"

"Never."

"But "You did not know what was coming, or you would not have done so?"

"No; nothing of the kind."

"Or Words to that Effect?"

"Nothing of the kind."

"Did you assist in taking Scores where the Purples met, previous to the last Election?"

"I believe I did at some Time."

"Do you recollect George Thornton?"

"Yes; I have seen him many Times."

"At the Public Houses where George Thornton frequented, were you not in the habit of scoring what the Freemen had to drink?"

"I have marked down sometimes."

"Did you attend at the Public Houses at Retford?"

"I have been there."

"At the Vine?"

"Yes."

"Was George Thornton there?"

"Yes, I dare say he was."

"How many of the Freemen were there?"

"Thirty or Forty."

"Did you hear George Thornton give Directions about the drinking?"

"No."

"Who employed you to score what the Freemen had?"

"I did it of my own Account."

"How came you to do it?"

"Sometimes the Publicans chalked down Two or Three Marks for One."

"Then it was to check the Publican?"

"Nothing more."

"Were you one of the Party who went to Doncaster during the Election?"

"No."

"Did you know Palmer?"

"Yes."

"Were you in the private Room at the Election Time with a Bag in your Hand?"

"No."

"Did you see Thornton with a Bag in his Hand?"

"No, I think not."

"Do you know Mar?"

"Yes, I do, very well."

"Do you remember Mar coming in to fetch a Pipe, into the Room you were sitting in?"

"No."

"Do you remember sweeping any Sovereigns into your Hand?"

"I should have liked to have done that very well; but I never saw any Sovereigns."

"Do you remember Thornton taking up the Bag?"

"I never saw no Bag."

"A Purse?"

"I never saw a Purse."

"A Canvas Bag with Sovereigns?"

"I never saw no Sovereigns."

"Then you did not abuse Mar for going into the Room where the Bag of Sovereigns was?"

"I never saw him."

"And you did not send him out, of course?"

"I never saw him."

"Then you did not go out of the Room, and send in Palmer, Thornton, Slaney and Haydock?"

"Nothing of the sort."

"Have you ever had an Interview with Mr. Hornby in the Parlour of his own House?"

"I have been with Mr. Hornby in his own House."

"Before he removed into Moorgate?"

"No, never; it was in Moorgate I was with him."

Re-examined by Mr. Adam.

"You were not examined before the Committee of the House of Commons in 1827?"

"I was not."

"You were not asked any Questions about this Bag?"

"No."

"You were not sent for upon that Occasion?"

"I believe I was here; I was not called in."

"Did Mr. Hornby send for you?"

"Mr. Yatman."

"And he did not examine you to any of these Questions then?"

"He knew better."

"One of your Sons has gone to the West Indies?"

"Yes."

"Who was he apprenticed to before he went?"

"To a Plumber and Glazier."

"What Business is he in the West Indies?"

"He is a Wesleyan Missionary."

"Then your other Son is in the Shoemaking, and he has a Boat also?"

"I have a Boat."

"Does your Son assist to work your Boat, when he is not employed for his Master?"

"He helps me with the Boat, and in brewing, when I want him."

"Is he out of his Time?"

"Yes; he is Twenty-four Years of Age."

"When he cannot get Business as a Shoemaker he helps you?"

"Yes."

"I believe there are a vast Number of Shoemakers at Retford?"

"Yes."

"And they have not all so much Business as they could wish?"

"No, nothing like it."

(By a Lord.) "Did you put your Warrant in force against Mr. Hornby's Goods?"

"I did."

(Mr. Adam.) "You live out of the Town of Retford yourself, but you are a Freeman?"

"Yes."

"Being a Freeman, but non-resident, can you make a Freeman yourself by taking an Apprentice?"

"No; my eldest Son was born in Yorkshire, and I could not make him free without binding him an Apprentice."

(By a Lord.) "You say you put your Warrant in force against Mr. Hornby; was that for the Assessed Taxes?"

"Yes."

"How much did that amount to?"

"I think about £8."

"For the Purpose of getting that did you remove the greater Part of Mr. Hornby's Goods from the Premises?"

"I did."

"How long did you keep them?"

"I think it was Three Days after I broke in; all the Goods were gone out of the House, with the Exception of Two Coppers and an empty Barrel, and some other Things."

"How had they been taken out?"

"Under an Execution; I was rather too late, or else I should not have had Occasion to break in."

The Witness was directed to withdraw.

Then Tom Booth was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "I believe you have been examined before?"

"Yes."

"Do you live at Markham?"

"No."

"Did you?"

"Yes."

"Do you know Mr. Hornby?"

"Yes."

"Do you remember his coming over to you at Markham?"

"No."

"Did he canvass you there?"

"No, nor nowhere else."

"Then may I ask you whether this is true, that when he canvassed you, you asked him the Question, whether he really thought that Sir Henry Wright Wilson would pay the Voters?"

"No; it is false."

"Did you say, in answer to that, that if you thought he would not pay, you would withhold your Vote from him?"

"I never asked him any thing of the kind."

"Did you ever tell him, that you should be sorry if Sir Henry did not pay, because the poor Burgesses expected their Money, and got Credit upon the Faith of the Election?"

"No."

"Or any thing to that Effect?"

"No."

"Did you ever tell him that they expected the Election?"

"No."

"Or any thing to that Effect?"

"No."

"Then all that is false, is it?"

"It is all false; that I have sworn, and will swear again, if it is required."

Cross-examined by Mr. Law.

"Were you examined before the House of Commons in the Election Committee?"

"Yes, I believe I was."

"Have you any Doubt about it?"

"No; I was."

"Who canvassed you for Sir Robert Dundas?"

"Colonel Kirke."

"Had you refused Sir Robert Dundas himself?"

"No; he never canvassed me himself."

"When you promised Kirke to vote for Sir Robert Dundas, did Kirke tell you that he was a proper Man?"

"Yes, he said he was a proper Man; and I said, then I will serve him."

"Have you read your Evidence in the House of Commons lately?"

"No."

"Has this printed Paper been shown to you, of what you stated in the Committee?"

"No; I have not seen any thing of the sort."

"Do you recollect Mr. George Thornton taking the Chair at the Crown Public House, when Mr. Wrightson went away?"

"I cannot say about taking the Chair."

"Did you not say so before?"

"I cannot say that he took the Chair."

"I ask you, whether Mr. George Thornton did not take the Chair at the Crown Public House when Mr. Wrightson went away, on the Occasion of his Canvass Dinner?"

"I believe he did."

"Did not George Thornton, when Mr. Wrightson left the Crown, get upon the Table, and make a Speech to the following Effect: "Damn them, Lads! we have them; their Tails are down," says he. "They have got no Man nor Money, and we have got both; we have got Two Candidates, and good ones; and I stand here as Agent for Mr. Wrightson; and damn them, Lads! our Tails are up."

"Yes, I believe he said so."

"They have got no Man nor Money, we have got both?"

"Yes."

"Do you recollect, at the Meeting, William Hodgson saying, "I shall propose Mr. George Thornton to be Agent?"

"Yes."

"How many Freemen were present at that Dinner of Mr. Wrightson's?"

"I am sure I cannot tell exactly; perhaps Sixty."

"Did they sit pretty late?"

"No, not very late."

"Do you recollect there being a Lot of Freemen there when William Hodgson said, "I shall propose Mr. George Thornton to be Agent?"

"Yes; I recollect that."

"Then that was assented to, and his Health drunk?"

"Yes."

"Was that Health drunk with Cheers?"

"I do not recollect."

"Afterwards, did you see George Thornton at the different Public Houses, or at the Vine?"

"I do not recollect."

"Did you attend the Meetings of the Purples, at the Public Houses?"

"I recollect seeing them at the Vine once."

"Did you get Refreshments there?"

"I do not know."

"Do you not know that George Thornton did?"

"I do not know."

"For how many Weeks were you in the habit of attending the Vine, without paying for what you had?"

"I do not recollect being there but once."

"What Public House did you frequent during that Time?"

"I was there very seldom; I did not live in the Town."

"Were you turned out by that Party, because you only offered One Vote?"

"I was not turned out exactly; but because I was turning One Vote, they roasted me about it, and I took up my Hat and told him I should not go there any more."

"Did they ever tell you that they should spend your Money?"

"No."

"Did they never tell you that they had spent your Forty Guineas when they turned you out?"

"No."

Re-examined by Mr. Alderson.

"How much Liquor had you had when Mr. Thornton talked about your Tails being up?"

"I cannot tell you."

"Was not it at the End of a drunken Night?"

"Mr. Thornton was very fresh."

"And when he was very fresh, he said, "Damn them, my Lads! we have them; their Tails are down?"

"Yes."

"They have got no Man nor Money, and we have got both; we have got Two Candidates, and good ones; and I stand here as Agent for Mr. Wrightson; and damn them, Lads! our Tails are up?"

"Yes."

"Is that all you know that is material to the Point?"

"Yes."

The Witness was directed to withdraw.

Then Richard Hindley was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "Are you a Freeman?"

"Yes."

"Do you know Mr. Hornby?"

"Yes."

"How long have you known him?"

"Just before the last Election."

"Where do you live yourself?"

"At Newark."

"Where did you live at the last Election?"

"At Southwell."

"Did you know that Mr. Hornby was Agent for Sir Henry Wilson?"

"Not before the Election."

"Did Mr. Hornby ever canvass you for Sir Henry?"

"No."

"Did you ever promise Mr. Hornby that you would vote for Sir Henry?"

"No."

"Did you see Mr. Hornby the Morning of the Election?"

"I cannot recollect that I did."

"Did you, upon the Morning of the Election, ask Mr. Hornby if he thought that Sir Henry would pay the Burgesses if he got the Election?"

"No."

"Or any thing like it?"

"No."

"Had you any Conversation with Mr. Hornby on the Morning of the Election?"

"No."

"You are quite sure that you had no Conversation with him to the Effect I have stated?"

"I am quite sure of it."

"Did Mr. Hornby say that he was not in a Situation to say to you whether Sir Henry would pay the Burgesses or not?"

"He never mentioned such a thing to me."

Cross-examined by Mr. Law.

"Do you happen to know James Barker?"

"Yes."

"And Stephen Hurst?"

"Yes."

"Are they in Town?"

"James Barker is in Town."

"You have seen him, have you?"

"Yes."

The Witness was directed to withdraw.

Then William Meekly was called in; and having been sworn, was examined as follows:

(Mr, Alderson.) "Are you a Freeman of the Borough of Retford?"

"Yes."

"How long have you been so?"

"About Seventeen Years."

"How many Elections do you remember?"

"Three."

"What are you by Trade?"

"I have been a Draper; I am a Lace Manufacturer now."

"Where were you when you were a Draper?"

"At East Retford."

"Did you become bankrupt?"

"Yes."

"When was it that you became bankrupt?"

"About Four or Five Months ago."

"Were you a Lace Manufacturer when you became bankrupt?"

"Yes."

"When did you become a Lace Manufacturer?"

"About Four or Five Years ago."

"Where did you reside?"

"At Retford."

"Has the Lace Trade been prosperous lately?"

"No; very bad."

"What were you in the Borough of East Retford; were you an Alderman?"

"Yes."

"During all the Time you have known Retford, and been a Freeman, have you ever received any thing in respect of your Vote?"

"No, never."

"Or been promised any thing?"

"No, never."

"Not upon any of the Three Occasions you recollect?"

"Not One."

"Do you remember the last Election?"

"Very well."

"Whom did you vote for at the last Election?"

"Sir Henry Wright Wilson."

"How came you to vote for Sir Henry Wright Wilson at the last Election?"

"On account of his being against Catholic Emancipation."

"Was that your Political Opinion?"

"Entirely."

"Did you take an active Part at the last Election?"

"Yes."

"Did you know Mr. Hornby?"

"Very well."

"Was he Agent for Sir Henry Wilson at the last Election?"

"Yes."

"Did you know Mr. Hornby?"

"Very well."

"Was he Agent for Sir Henry Wilson at the last Election?"

"Part of the Time."

"Do you know a Person of the Name of Crooks?"

"Yes."

"Where does he reside?"

"At Mansfield."

"Do you remember going with Mr. Hornby to canvass him?"

"Yes."

"Upon the Occasion of your going with Mr. Hornby to canvass him, was any Mention made to or by Crooks about Money?"

"Nothing."

"Or any thing to that Effect that he was to have Money for his Vote?"

"Nothing to that Effect."

"Did he ever assign this as a Reason to you, that he was afraid he would never get any Money for his Vote?"

"Never."

"Did he state that he had been to see Mr. Foljambe, and that he should not alter; that he would consider about it; but that he should like to know whether he should get his Money or not?"

"No."

"Nor any thing to that Effect?"

"Nor any thing to that Effect."

"Then all that, if it has been sworn, is false?"

"It is."

"Did you take an active Part in canvassing for Sir Henry Wilson with other Voters?"

"I did."

"Did you ever, upon any Occasion, allude to Money?"

"No, never."

"Directly or indirectly?"

"No, never; directly or indirectly."

"Do you recollect accompanying Mr. Hornby to canvass a Person of the Name of William Clayton?"

"I do."

"Was any thing said about Money, or about being Guarantee, or any thing of that sort, either to or by Clayton?"

"No; not one Word took place as to that."

"What was said at that Time?"

"A good deal was said to persuade him to give Sir Henry Wright Wilson a Vote; he said no, he had promised the other Party."

"What Arguments did you use to induce him to vote for Sir Henry?"

"The Catholic Question."

"Any thing else?"

"Nothing else."

"Do you remember going to canvass the Mansfield Voters with Hornby?"

"That was at the same Time."

"Do you remember Thomas Evans?"

"Yes."

"Was any thing of the same sort said to Thomas Evans?"

"The same Inducements was said to him, and he said no, he should not alter his Vote."

"Was any thing said to him about Money?"

"Not one Word."

"Or about the Custom?"

"Not one Word."

"Was any thing said about Sir Henry being a rich or a poor Man?"

"Nothing of the kind."

"Do you remember going to Thomas Leek with Hornby?"

"Yes."

"Did you go to him to try to get Evidence for the Election Petition?"

"No; it was after the Election."

"Did Mr. Hornby go with you?"

"Yes."

"Did you get any thing out of Leek?"

"Nothing at all."

"Who were the leading Members of the Blue Club, at the Beginning of it?"

"Messieurs Brown and Marshall."

"And there was a Quarrel in the Blue Club after that?"

"Yes; Sir Henry did not approve of them, and turned them off."

"Do you remember Mr. Hornby being appointed Treasurer of the Club after that?"

"Yes."

"Is Mr. Hornby Treasurer any longer?"

"Yes, I believe he is considered Treasurer at present."

"Is the Club a rich Club now?"

"No; nobody knows how it stands; there was Five Shillings annually subscribed to it; he has taken the Money, and never accounted for it."

"Do you remember Miss Barlow intrusting him to dispose of any Tickets at the Dinner?"

"Yes."

"You say you had something to do with the getting up of the Election Petition?"

"I had."

"Before the Time of the Election Petition, had you heard any particular Meaning attached to the Words "All is right?"

"Not before the Election."

"Did you before the Petition?"

"Not before the Petition."

"Did you at any Time hear Mr. Hornby say any thing about the Expression "All is right?"

"Yes; he said it was a well-invented Expression; that it had a well-invented Meaning, and had a very good Effect."

"Were you at the Election Petition?"

"Yes."

"Do you know whether that was given in Evidence?"

"I do."

"And it had a good Effect, he told you?"

"Yes."

"Did he tell you how it came to be mentioned?"

"Not exactly; he frequently used to make use of the Expression, but I never knew what it meant 'till after the Election. I used to be frequently in his Office, and he used to say, "All is right, my Cock;" and then he exulted, and said that it had a very good Effect, that it was a very well-invented Expression."

"When he used to say, "All right, my Cock," how did he do it?"

"Nothing more than shaking Hands, and saying, "How do ye do?" and "All right, my Cock;" he was a very fussy kind of Man in that kind of Way."

"Were you present at Mr. Ogilvy's Party the Night that he arrived?"

"Yes."

"How long did you stay there?"

"Till Eleven or Twelve o'Clock."

"From what Hour?"

"From about Eight."

"During the whole of the Time that you stayed there did you hear any thing said about £3,500 being deposited for the Voters Money?"

"No."

"Or any thing to that Effect?"

"Nor any thing to that Effect."

"Was any thing said about Publicans Bills?"

"Yes; it was said that Maddox had run away and left the Publicans in Debt, and it was very proper there should be some Security for that."

"Was any Sum mentioned?"

"I think it was £1,000 or £1,500."

"Was that some Time before the Election?"

"It was."

"Before the Teste of the Writ?"

"Yes."

"At the Time when it was lawful to treat?"

"Yes; it must have been several Months before, I think."

"Do you remember how he came?"

"I understood he arrived in the Mail."

"Did you see him arrive?"

"I did not."

"Did he tell you how he arrived?"

"The Party said he arrived in the Mail."

Cross-examined by Mr. Law.

"I think you began by stating to my Learned Friend that you had been a Bankrupt?"

"Yes."

"And you also were unfortunate enough to make a Composition with your Creditors, before that, of Five Shillings in the Pound?"

"No, never."

"Have you got your Certificate?"

"No."

"Have you applied for it, and been refused by your Assignees?"

"Yes."

"Is Mr. John Cottam, who has been examined here, one of those Assignees?"

"He is."

"Did you borrow a Sum of Money from Mr. John Cottam, about Three Years ago?"

"Yes."

"Did you tell him you did not owe Ten Pounds in the World at the Time?"

"No."

"What Statements did you make?"

"I cannot recollect now."

"Did you give Cottam a Bill of Sale on your Furniture?"

"I did."

"Did Cottam afterwards take Possession of the Goods?"

"He did."

"Was he about to proceed to a Sale?"

"He was."

"Did you, upon that, apply to Mr. Hannam junior, the Solicitor, of East Retford, to strike a Docket against you?"

"No, I did not."

"Had you any Conversation with Mr. Hannam junior?"

"I had."

"Did Mr. Hannam junior enquire whether there was a good Petitioner's Debt?"

"Yes, he did."

"Did you say that your Brother-in-Law Moss could make one to any Amount?"

"No; I did not say any thing of that kind."

"Nor that you only wanted to do old Cottam out of his Money?"

"No, I did not."

"Did you not apply to Hannam to strike a Docket?"

"No."

"How came he to demand of you, whether you could make a good Petitioning Creditor's Debt?"

"I went to ask Mr. Hannam's Opinion: I understood that my Brother Moss would do the Thing; would strike a Docket. I was not just then intimate with my Brother."

"Did Mr. Mee and Baysby afterwards strike a Docket?"

"Yes."

"Did you apply to Mr. Job Bullevant to attend and prove a Debt of Sixty Pounds under the Commission?"

"I applied to him to prove a Debt, but not Sixty Pounds; I do not know what it was."

"Did you then say that it was to carry the Assigneeship?"

"No."

"Did you not know it was under Forty?"

"I do not know what it was, for Mr. Bullevant bought Goods of me at the Time I carried on the Drapery Business, which he has not accounted for."

"Were you lately staying at a Public House in Nottingham kept by Mr. Creasy?"

"Yes."

"Did you stay there a Fortnight?"

"Yes."

"Did you run away without paying a Farthing?"

"I did not run away; I walked away."

"Did you pay a Farthing?"

"Yes, I paid £1 5s.; and Mr. Creasy was quite willing to allow it 'till I came to Nottingham again."

"Do you know Thomas Nelson?"

"Yes."

"Were you present with Thomas Nelson at the Time William Clayton was canvassed?"

"Yes."

"Did you not say to William Clayton, that you knew Sir Henry was a very rich Man, and that you were satisfied all would be right?"

"I did not."

"Whilst you were in Conversation with Evans, the Voter, in Company with Hornby, did not Evans's Wife come in?"

"I do not recollect that she did."

"Did you not hear Evans's Wife say to Evans, that Sir Henry was a shabby Man, and would do nothing for the Burgesses?"

"I cannot swear that I did."

"Will you swear you did not?"

"I will swear that I did not know Evans's Wife was there."

"Will you swear that you did not hear Evans's Wife say that Sir Henry was a shabby Man, and would do nothing for the Burgesses?"

"I will swear it."

"Not in Nelson's Presence?"

"Not in Nelson's Presence."

"Did you never use the Term "All right" yourself?"

"No."

"Did you not state to Mr. Job Bullevant and Mr. John Allsbrook, that most of the Freemen had received Election Money?"

"No, I did not."

"And that you were a great Fool for not having taken it?"

"I deny that."

"And that if you had another Opportunity you would have it?"

"I deny it."

"Nor Words to the like Effect?"

"No Words to the like Effect."

"Have you not often said that, or Words to that Effect?"

"Never."

"To those Persons?"

"Never."

"Though you did not receive any thing, were you in the habit of furnishing Ribbons at the Elections?"

"Yes, I have, sometimes."

"What was the Amount of the Ribbons?"

"It might be Ten or Fifteen or Twenty Pounds."

"At each Election?"

"At each Election."

"Had you an Apprentice of the Name of Briggs?"

"I had."

"Who is Mr. Thomas Nelson?"

"Mr. Hornby's Brother-in-Law."

"Then Mr. Hornby's Brother-in-Law is the Person who is to be called to corroborate Mr. Hornby?"

"I suppose so."

"Who is Mr. Bullevant?"

"A Draper."

"Where does he live?"

"In Retford."

"Who is Allsbrook?"

"He is a Lace Manufacturer."

"Are they Freemen?"

"No."

"I suppose then they are expectant Freeholders?"

"They are."

"Are they Members of the Blue Club?"

"They call themselves Members of the Birmingham Club."

"Have they taken an active Part in the Birmingham Affair?"

"Very much."

(By a Lord.) "Were you an original Member of the Blue Club?"

"I was."

"Did Hornby receive the Subscriptions?"

"He did."

"Did he ever account for them?"

"He never has."

"Has he ever been applied to for them?"

"Repeatedly, at the Time the Club was going on."

"Did you ever agree among yourselves to have a Dinner at the Marquis of Granby Public House?"

"Yes."

"Was Hornby one of the Committee?"

"He was."

"Had he the Charge of the Tickets?"

"No; but he received the Tickets, and disposed of them as he thought proper; which he never accounted for."

"How many?"

"I have heard the Landlady say upwards of Sixty."

"And she could never get Money for them?"

"She could never get Money for them."

"You say you furnished Ribbons at the Elections?"

"I did."

"Did most of the other Drapers of the Town do so?"

"Most of them did so."

"Did not you run short of them sometimes?"

"We did; I dare say I furnished a greater Quantity than any other Draper; in fact, at one Election, I refused the Order."

(Mr. Alderson.) "You say you were bankrupt, and Mr. Cottam was your Assignee?"

"He was."

"What was the Debt Mr. Cottam claimed?"

"Two hundred and twenty or thirty Pounds."

"How long had that Debt been incurred?"

"About Eighteen or Nineteen Months."

"At the Time of incurring the Debt, did you give a Bill of Sale?"

"I did."

"Upon which he made an Entry."

"Yes."

"Upon his making an Entry, was a Commission taken out against you to distribute the Effects among the Creditors?"

"It was."

"Did that make Mr. Cottam rather angry?"

"Yes; the Amount of the Debt was not £400, and he wanted to claim the whole."

(Mr. Law.) "You mentioned that you knew Briggs, and that he was an Apprentice of yours?"

"He was."

"Did you not state to Mr. Briggs senior, of Tuxford, that his Son being a Freeman of Retford would be a great Advantage to him; that on every Election the Freemen receive Forty Guineas for their Votes?"

"I cannot say that I did say so."

"Will you swear that you did not?"

"I will not swear it."

"You will not swear that you did not say to Mr. Briggs that his Son being a Freeman of Retford would be a great Advantage to him; that on every Election the Freemen received Forty Guineas for their Votes?"

"The Time is so long since, that I cannot charge my Memory to any such Words."

"But you will not venture to say that you did not say so?"

"I will not."

(By a Lord.) "Have you any Recollection of having said any Words to that Effect?"

"I have no Recollection upon the Subject; it is Ten or Eleven Years since Briggs was Apprentice."

The Witness was directed to withdraw.

Mr. Law requested Permission to call back Mr. John Cottam.

The Counsel was informed, "That if he called him back he would thereby make him his own Witness."

Then Thomas Leake was called in; and having been sworn, was examined as follows:

(Mr. Adam.) "You are a Freeman of Retford, are you not?"

"I believe I am."

"Do you know Mr. Hornby?"

"I have seen him, and that is all I know about him."

"How long have you known him; did you know him before the last Election?"

"Why, I think I never saw him before the last Election in my Life."

"Did he ever canvass you at the last Election?"

"Never at all."

"He never asked you to give your Vote for any body?"

"Never in this World."

"Did you ever say any thing to him about Money being guaranteed?"

"Never in this World."

"Did Hornby ever call upon you before the last Election?"

"Never; and I do not know that I ever saw him before the last Election, not at all."

The Witness was directed to withdraw.

Then George Whitlam was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "Are you a Freeman of East Retford?"

"Yes."

"Where do you live?"

"At Retford."

"What are you by Trade?"

"A Cordwainer."

"Do you know Mr. Hornby?"

"Yes."

"When was the first Time you saw him?"

"I saw him in London."

"Do you remember ever seeing him before the last Election at Retford?"

"I saw him in London before the last Election."

"At the Bear and Staff Public House in Smithfield?"

"Yes."

"Did you see him afterwards, at Sir Henry Wilson's Dinner at the Grecian Coffee House?"

"Yes."

"Were you canvassed by him on either one or the other of those Occasions?"

"No."

"Did you ever make the Enquiry of him, whether he thought Sir Henry would pay the Burgesses?"

"Never."

"Did you ever enquire any thing to that Effect of him?"

"Never; I never had any Conversation with him in my Life, neither about one thing nor another."

"If that is stated by any one, it is not true?"

"It is not true."

"Did you ever state to him, or hear stated in his Presence, any thing to that Purport or Effect?"

"No, never."

"Or any Allusion to Money Transactions connected with the Election?"

"Never."

"Did you ever receive any Money from him?"

"Never."

"Or any Promise?"

"Never."

"Or from Sir Henry Wilson?"

"Never in my Life."

"Or a Packet?"

"No, never."

"How long have you been a Freeman?"

"About Ten Years."

"Were you a Freeman before the last Election of Evans and Crompton?"

"Yes."

"Who did canvass for Sir Henry Wright Wilson?"

"Mr. Yatman."

"Was he a Solicitor?"

"Yes, I believe so."

"A Solicitor in London?"

"Yes."

"Upon what ground did he canvass you?"

"He canvassed me for Sir Henry Wright Wilson."

"What did he say; what Arguments did he use?"

"I forget the Words that he said exactly now."

"Was there any thing said about Money?"

"No, not at all."

"Was there any thing about the Catholics?"

"Yes."

"What was it?"

"I asked him what Principle he was of, and he said; and I said I would vote for him."

"Did you vote for him?"

"Yes, I did."

"And upon that ground only?"

"Yes."

Cross-examined by Mr. Law.

"Do you know Stephen Hurst, a Burgess?"

"No."

"You are the same Man who has been examined here before?"

"Yes, I have been here before."

Re-examined by Mr. Alderson.

"Is Stephen Hurst insane?"

"I do not know; I may have seen him if he is a Burgess, but I do not recollect him."

The Witness was directed to withdraw.

Then William Swails was called in; and having been sworn, was examined as follows:

(Mr. Stephenson.) "Are you a Burgess of East Retford?"

"Yes."

"How long have you been a Burgess?"

"Six Years; rather better."

"Did you vote at the last Election?"

"Yes."

"Have you ever received any Money for your Vote?"

"Never in my Life."

"Or any Promise?"

"Never in my Life."

"Or any Packet?"

"No, never in my Life."

"Do you know a Person of the Name of John Hornby?"

"Yes."

"Did he canvass you?"

"Never in his Life."

"What are you?"

"A Plumber and Glazier."

"Where do you live?"

"In Bridge Gate at that Time."

"At what Time?"

"At the Time of the Election."

"If Hornby should say that he came to your House one Morning, and was talking about an Election, and you said Sir Henry had no Chance, for you knew he would not pay the Burgesses any thing, you will swear that is not true?"

"It is not."

"Did Hornby ever come to your House?"

"No, never in his Life."

"Were you canvassed by Hornby at all?"

"Never at all."

"And Hornby never came into your House?"

"Never in his Life on that Occasion."

"You never said that Sir Henry had not any Chance because he would not pay the Voters?"

"Never in my Life."

"Never in any Place?"

"No, nowhere."

"Then if Hornby has sworn that of you, he has sworn that which is false?"

"Yes, it is false."

Cross-examined by Mr. Law.

"Did you ever call upon Hornby at his House?"

"I have called upon him as a Plumber and Glazier, doing a little Repair at his House, but not on Election Matters."

"How often have you been at his House?"

"Once or Twice."

"Mr. Hornby was your Attorney in an Action, was he not?"

"Never in his Life; he did canvass my Father, I believe."

"Were not you frequently at Hornby's Office?"

"Never in my Life concerning that."

"Concerning what; I asked you whether you were not frequently there?"

"Never in my Life for any thing for myself."

"Did you ever say to him, or any one else, that you would have voted for Sir Henry if you could have had your Money?"

"No, never in my Life."

"That you are sure of?"

"That I am sure of; I will swear it."

"Whom did you vote for?"

"I voted for Mr. Wrightson and Sir Robert Dundas, and that I will stand to."

Re-examined by Mr. Stephenson.

"Did you ever do Business for Mr. Hornby as a Plumber and Glazier?"

"Yes."

"Did he ever pay you?"

"I got Part of it."

"He did not pay you the Whole?"

"I got Part, I think almost all; I think there is not much stands between him and me; it is almost all I got."

(By a Lord.) "Did you ever vote before the last Election?"

"No."

"Were not you admitted in 1820?"

"No; I was not a Burgess at that Time."

"Did you receive any Packet of Money?"

"Never in my Life, nor never expected any thing of the sort."

The Witness was directed to withdraw.

Then John Crooks was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "Are you a Voter for East Retford?"

"Yes."

"What are you by Trade?"

"A Blacksmith."

"How long have you been a Voter?"

"Ten or Eleven Years, I dare say; about Ten Years, I think."

"Where do you reside?"

"At Tallworth."

"Where is that?"

"Five Miles the other Side of Retford."

"The York Side?"

"Yes; on the North Road."

"Just beyond Barnby Moor?"

"A Mile beyond Barnby Moor."

"Have you been examined before?"

"Yes."

"Do you remember a Party, consisting of Brown, Walker, Hornby and others, coming to Dortworth?"

"Yes."

"And Mr. Whateman, Lord Galway's Steward, coming with them?"

"Yes."

"Whom did they come to apply to you to vote for?"

"Sir Henry Wright Wilson."

"What did you say?"

"I promised him; I told him I expected I should give him my Vote; I would promise him my Vote."

"Was any Money offered to you then?"

"No."

"Did Hornby say any thing to you?"

"No."

"Did he say any thing at all to you?"

"No."

"Did Hornby say to you, or you to him, any thing about Money?"

"No."

"Did you ever say you would not promise, because you were afraid you would not get your Money?"

"No."

"Did you say any thing to that Effect?"

"No."

"Did you say any thing about going to see Mr. Foljambe?"

"No, not then."

"Did you, at any Time, say any thing about going to see Mr. Foljambe?"

"No, not to him."

"To whom did you say it?"

"To a Man of the Name of Shaw."

"What was it that passed between you and Mr. Foljambe?"

"He was not at Home at that Time."

"Was there any Threat made to turn you out of your House?"

"Yes."

"By whom?"

"By my Landlord, Mr. Graves."

"Why were you to be turned out of your House?"

"If I did not vote for Sir Henry."

"What did Mr. Foljambe promise to do about it?"

"He promised to get me a Place if I was turned out."

"Were you turned out?"

"No; I voted for him."

"Where were you to get a Place if you were turned out of your House for not voting for Sir Henry Wilson?"

"I think at Fenton."

"Whose Property was that?"

"Mr. Foljambe of Osbeton."

"That is Mr. Foljambe's Nephew, the 'Squire of Osbeton?"

"Yes."

"You were to have another House there if you were turned out of your House for not voting for Sir Henry Wright Wilson?"

"Yes."

"That they would see you righted?"

"Yes."

"Were you upon that or any other Occasion offered Money?"

"No, not then."

"Were you on any Occasion?"

"No."

"Had you any Promise of any Money before the last Election?"

"There were People talking about giving Money, but I would not have any thing to do with them."

"Who were the People?"

"There was a Man of the Name of - I forget his Name now; it was a Man of the Name of Waddington."

"Who was he?"

"He lives at Retford, I believe."

"What was he?"

"He used to carry a Pack."

"Do you know whether Waddington is a deranged Man; out of his Senses?"

"I do not know whether he is now; he was, I dare say."

"Do you remember him in a Lunatic Asylum?"

"Yes; he was right then."

"When was he in the Lunatic Asylum?"

"I do not exactly know."

"How long ago?"

"I cannot recollect, I am sure."

"Was it before that?"

"Yes, it was before that."

"Which was first?"

"It was first that he was talking about Money."

"Afterwards he went into a Lunatic Asylum?"

"Yes."

"How long after?"

"I do not know."

"Is Waddington a Burgess?"

"No."

"Was he one of the Blue Party?"

"Yes."

"Do you remember any other Person?"

"No."

"You say you would not listen to him?"

"No."

"Is that true which Mr. Hornby has said, that when he canvassed you you refused to vote unless you had Money?"

"He never canvassed me at all."

Cross-examined by Mr. Law.

"Upon what Occasion was it that Waddington talked of Money; was it at the Election?"

"No; it was before the Election."

"How long before?"

"Perhaps Half a Year; I cannot recollect to a Trifle."

"Did he offer you any Money?"

"Yes; he told me I should have Money if I wanted it; I had no Occasion to be fast."

"What were you to have the Money for?"

"I expect to vote for that Side."

"Who was the Candidate on that Side?"

"Sir Henry."

"Did you vote for Sir Henry?"

"Yes."

Re-examined by Mr. Alderson.

"Had he any Money to offer?"

"No, he had no Money; he told me he could find the Money."

"What is he?"

"He carries a Pack."

"What sort of a Pack?"

"He sells Linen."

"How soon after was it that he went mad?"

"Perhaps Half a Year; I do not know exactly."

"He was put into a Lunatic Asylum?"

"Yes."

"Do you not know that he had been there before, as well as after?"

"Yes, he perhaps might; I have heard them talk that he was not right before, but I did not take a deal of Notice of it then."

"Did you know him?"

"Yes; he used to come blathering about very often; I took very little Notice of him when he did come."

The Witness was directed to withdraw.

Then Thomas Evans was called in; and having been sworn, was examined as follows:

(Mr. Stephenson.) "You are a Burgess of East Retford, are you not?"

"Yes."

"Did you vote at the last Election?"

"Yes."

"Who canvassed you, do you recollect?"

"Mr. Dundas."

"Did Mr. Hornby canvass you?"

"No."

"Had you any Conversation with Mr. Hornby about the Election?"

"No; he came to the Angel in Mansfield, where I lived, and Mr. Walker and Mr. Meekly with him; but he never asked me for a Vote at all."

"Mr. Hornby did not canvass you?"

"No."

"Did Mr. Meekly?"

"Yes; and asked me for my Vote."

"Did Mr. Walker?"

"Yes."

"But Mr. Hornby never asked you for your Vote?"

"No, he did not ask me a Word."

"That was before the Election?"

"Yes."

"Had you any Conversation with him after the Election?"

"Yes; he called at my House after the Election."

"Do you recollect what passed?"

"Yes, pretty well."

"Will you state it?"

"He came One Night, just as I was going to Bed, about Ten o'Clock, and asked me if I would go out and have a Draught of Ale with him; I told him no, I should not go out that Night. He axed me if I would have a Draught at Home, and I said I had no Objection; and he sent my little Girl for a Pint; and he axed me if I had done all my Money; I told him I did not know what he meant by my Money; that I never received any Money by any body not before that Night."

"Had you any Idea what he meant by the Words Had you done all your Money?"

"No."

"Did he offer you any Explanation of it?"

"No."

"Either then or subsequently?"

"No."

"He came to you just as you were going to Bed?"

"Yes; just as I was going to make up the Door."

"He had a Draught of Ale at his own Expence, and said this?"

"Yes."

"You do not know to this Moment what he meant by the Words "Have you done all your Money?"

"No, I do not."

"Whom did you vote for?"

"I voted for Mr. Wrightson and Mr. Dundas."

"Do you recollect saying, after the Election, to Mr. Hornby, that it was not likely you should vote for Sir Henry Wright Wilson, when you should not get any thing for your Election?"

"Oh! I never said any thing of the kind."

"Are you certain of that?"

"I am quite certain of that."

"Was that Night you have described the only Night after the Election that you have seen him?"

"Yes."

"Had you any Money from Hornby?"

"No."

"Did you ever see him before he came to Mansfield with Mr. Walker and Mr. Meekly?"

"No."

"And only on the Occasion of that Night?"

"Only that Night."

"That is all you know of Mr. Hornby?"

"It is."

"Then if those Words which I have just read to you were stated by Mr. Hornby, on his Oath, that is not true?"

"It is not true; I never said any such Words, that I am sure of."

Cross-examined by Mr. Law.

"Do you recollect being in company with Worsley and his Wife, and Mr. Thomas Nelson, at a Public House called the Swan?"

"No, I never was."

"In Mansfield?"

"No, I never was in any such Place."

"You never were at Mansfield?"

"Yes, I have been at Mansfield, but never at the Swan."

"Do you know Worsley and his Wife?"

"Yes."

"Were you never at a Public House with them?"

"No."

"Do you recollect Worsley's Wife coming in and saying that her Husband should not vote for Sir Henry Wilson, for he was too mean to do the Burgesses any good?"

"No; I was never with them at any Public House on any such Occasion."

"Or any one else?"

"No, I never was."

"You are the same Person who has been examined before about Packets?"

"Yes."

"Do you recollect Evans's Wife, your own Wife, coming in?"

"No."

"Do you remember your Wife coming in when Worsley was present?"

"I never was with Mr. Worsley."

"Do you recollect when you were with Mr. Hornby, your Wife coming in?"

"No; I was not there Ten Minutes with Mr. Hornby."

"You were never present with Meekly and Hornby when your Wife came in?"

"No."

"Nor when Worsley's Wife came in?"

"No, I never was."

Re-examined by Mr. Stephenson.

"Are you married?"

"Yes."

"Is your Wife alive now?"

"Yes."

"Do you know Mr. Worsley?"

"Yes."

"Have you any Recollection of the Words the Gentleman has stated to you now?"

"No, I know nothing at all about them; I never was present at any such Words."

"Did your Wife ever, in your Presence, say that Sir Henry Wilson was a mean Man, and would never pay the Burgesses?"

"Not in my Presence; I never heard her say any such thing."

"Or any thing to that Effect?"

"No, never."

"Just recollect; you do not recollect your Wife saying this in the Presence of Hornby and Alderman Meekly?"

"No, I never saw him there."

"Nor in the Presence of Nelson?"

"No."

"You are quite sure of that?"

"Yes; she never came after me there, that I recollect."

(Mr. Law.) "Do you know William Baker?"

"Yes."

"Is he in Town?"

"Yes, he is."

The Witness was directed to withdraw.

Then William Clayton was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "Where do you live?"

"At Worksop."

"Have you been examined before?"

"No."

"How long have you been a Freeman?"

"Eight Years."

"What are you by Trade?"

"A Cordwainer."

"You reside at Worksop?"

"Yes."

"Did you know a Person of the Name of Hornby?"

"Yes, I did."

"Do you remember being called upon by Mr. Hornby, at the Time when he was passing through from Worksop to Mansfield?"

"Yes."

"Was that before the Election of 1826?"

"Yes, it was before, I think."

"Did you ever receive any Money for your Vote?"

"No."

"Nor any Promise of any?"

"No."

"Nor any Expectation of any?"

"No, never."

"Did you tell him you had already promised your Vote?"

"Yes; I told him I had promised my Vote, and that he had no Occasion to stop to ask me for my Vote."

"To whom had you promised it?"

"I promised it to Lord Dundas and Mr. Wrightson Esquire."

"Sir Robert Dundas you mean?"

"Yes."

"Did you ever ask him, upon that Occasion, whether you should be paid your Money, or whether there was any body would guarantee the Payment of that Money?"

"No, I never did."

"You are sure of that?"

"Yes, I am; I never did."

"It is not true that you have said that to him?"

"No; I never asked him any thing of the kind."

"Did any thing more pass between you and him, after you told him you had promised Dundas and Wrightson?"

"No."

"How long did he stay with you?"

"Perhaps Five Minutes."

"Did he make any Representation to you about the Circumstances of Sir Henry Wilson; did he say that Sir Henry Wilson was a rich Man, or a poor Man, or any thing of the kind?"

"Never any thing; I never heard him; I left him in the Street, and would not stop with him."

"Did you meet him in the Street at Worksop?"

"He came to my House."

"Did he say that Sir Henry Wilson had plenty of Money to pay, and he had no doubt he would pay?"

"He did not."

"That is not true?"

"It is not true."

"Do you remember afterwards, about Two Months before the Election, being sent for to a Public House?"

"I do; I was informed one John Walker was with him, or I would not have gone up there at all; I went to take a Glass of Ale with my Neighbour Walker."

"Who did you find were there?"

"One Mr. Meekly, and Mr. Hornby."

"Did any thing pass between you and Hornby about your Vote at that Time?"

"Not at all; I was talking with Walker all the Time."

"Were you asked whether you would withdraw your Vote, and promise Sir Henry?"

"No; I never did at all."

"Did any thing pass at that Time, in Meekly's Presence, about having Money for your Vote, or any thing to that Effect?"

"No, nothing at all."

"Nor any thing about having your Vote guaranteed?"

"No."

"Or Sir Henry having Money to pay?"

"No."

"Or any thing to that Effect?"

"No, nothing of the kind."

Cross-examined by Mr. Law.

"Were you admitted a Burgess on the 8th of March 1820?"

"No."

"When were you admitted a Burgess?"

"In the Year 1826."

"Are not you the William Clayton who was admitted on the 8th of March 1820; William Clayton of Worksop?"

"No."

"Recollect; are you not the Man who was admitted before the Election of 1820?"

"That was the Time I was sworn in, I believe."

"You were sworn in before Mr. Evans and Crompton's last Election, were not you?"

"No; I was objected to then; I was not of Age."

"When were you sworn in?"

"I was sworn in the following Year after that Election."

"What do you mean by saying you were not of Age; that you were not Twenty-one at that Time?"

"Yes."

"You contrived to get sworn, did not you?"

"No."

"Not on the 8th of March 1820?"

"No; I was not sworn then."

"Have you been admitted since?"

"Yes; I was sworn in the following Year, and voted at Sir Robert's Election."

"When were you sworn in?"

"I was sworn in the following Year after Evans's Election."

"Do you mean the first or the second Election?"

"In 1820."

"Was it on the 8th of March 1820?"

"It was the 8th of March the Election was, but I was sworn in after the Election."

"Was not the Election in June?"

"No, in March."

"Then you did not get any Packet?"

"No."

"You were not in Time?"

"No; I was not old enough, if there was any thing."

(By a Lord.) "You were very much disappointed, were not you?"

"I do not know that I was."

Re-examined by Mr. Alderson.

"Were you admitted by Right of Servitude?"

"Yes."

(Mr. Law.) "Did you take any Money after the last Election; did not you borrow some Money?"

"No, never."

"When were you admitted?"

"I am sure I cannot justly say."

"Was it a Day, or Minute, perhaps?"

"It was after the Election; that is as near as I can recollect."

The Witness was directed to withdraw.

"Then William Freeman was called in; and having been sworn, was examined as follows:

(Mr. Stephenson.) "What are you?"

"A Shoemaker."

"Where did you reside?"

"At Bawtry."

"Are you a Burgess of East Retford?"

"Yes."

"Do you know Mr. Hornby?"

"Yes."

"Do you recollect being canvassed by Mr. Hornby?"

"Yes."

"When?"

"I think it was the Whitsun Monday before the Election."

"Was any body with him?"

"John Walker."

"Was any body else there?"

"No."

"Which canvassed you?"

"Mr. Hornby."

"Do you recollect what he said to you?"

"He came and axed me for my Vote for Sir Henry Wright Wilson; I told him I had promised my Vote; he axed me whom I had promised to; I told him Sir Robert Dundas and Mr. Wrightson; and he began to say they were Catholics, and this and the other, and many disrespectful Things he said respecting the Gentlemen. I told him I had promised my Votes, and I should not go back."

"He said disrespectful Things of them?"

"Yes; he said Sir Robert Dundas had got a Catholic Priest in his House."

"Do you recollect any thing else he said of those Gentlemen?"

"He spoke every thing disrespectful of them that he could; I cannot recollect the Whole, but that was Part of it."

"Do you recollect any thing else that passed?"

"No; I told him I had promised my Votes, and should not go back; there was John Walker with him; he stopped in his Gig against the Gate. The House my Father lives in is a little Way from the Wayside; Mr. Hornby remained in the Gig, and Mr. Walker came and called me out to him, and then he said this."

"How long were you with him?"

"I should think I was not perhaps more than a Couple of Minutes, but I cannot say exactly; it was a very little Time."

"Did you ever see him at any other Time?"

"I saw him once after the Election was set aside."

"What passed then?"

"He came then again to ask me for a Vote for Sir Henry; he said, "Now you are at liberty; your Members are unseated, therefore you may promise now." I told him I considered that I was not at liberty, for that I thought the Business was not settled, and I could say nothing more to him."

"Did any thing more pass?"

"No."

"Was any body else present on that Occasion?"

"No."

"That was the only Conversation you had with him about the Election?"

"Yes; I never knew him 'till the Time I have spoken of."

"Was the first Time you knew Mr. Hornby the Time he came to canvass you with Mr. Walker?"

"Yes; I might have seen him, but I never spoke to the Man before that, nor he to me."

"Did Mr. Walker tell you his Name; that it was Mr. Hornby?"

"Yes; he told me it was Mr. Hornby."

"Did he introduce him to you as the Agent of Sir Henry Wright Wilson?"

"Yes."

"You never saw him but on that Occasion; the one you have just mentioned?"

"No."

"Have you ever said these Words; it is stated that he asked you for your Vote, and you refused; and then you were asked what Reason you assigned, upon which it is said you assigned this Reason, that the Voters would never get any thing if they supported him, meaning Sir Henry Wright Wilson, and therefore you would not support such a Man?"

"I declare that I never said any thing to him like that."

"No Words to that Effect?"

"No, nor any thing like it."

"Was Mr. Walker near you?"

"Yes, he was close by; by the Gate Side."

"Then if it passed he must have heard it?"

"Yes, he must."

"Did he then say to you there was no doubt he would not do what was customary?"

"No; there was nothing of that kind mentioned."

"Was there any Allusion made to Money at all?"

"No; it never was mentioned in any Shape."

"No Promise of any kind was held out?"

"No."

"The only Reason he gave to induce you to change your Vote was the Abuse of Sir Robert Dundas and Mr. Wrightson?"

"Yes."

"Then he canvassed you a second Time?"

"Yes; after the Members were unseated."

"You are quite sure that on that second Time no such Words were used?"

"I am positive of that."

"Did he never make any Allusion to Money to you?"

"No."

"Or about being guaranteed?"

"No."

"I will give you the Words again, as Mr. Walker was present; that you said that the Voters would never get any thing if they supported him, and therefore that you should not support such a Man?"

"I never said any thing of the kind."

"And if you had said so, Mr. Walker must have heard it?"

"Yes, he must; for he was close by."

Cross-examined by Mr. Law.

"You are the same Man who was examined before?"

"Yes."

(By a Lord.) "Have you seen Mr. Hornby since you have been in Town?"

"I saw him To-night."

"Where did you see him?"

"It was at a Place very nigh the House; a large open Place; I do not know what it is called."

"You did not see him within these Walls?"

"No."

"You are quite sure he was outside this Room?"

"Yes; I can tell you whom I saw him with."

"Who was it?"

"Mr. Bower of West Retford, I saw with him."

The Witness was directed to withdraw.

Then Thomas Burton the younger was called in; and having been sworn, was examined as follows:

(Mr. Alderson.) "I believe you have been examined before already?"

"I have before."

"You are Thomas Burton the younger?"

"Yes."

"What are you by Trade; a Baker?"

"Yes."

"You live at East Retford?"

"Yes."

"Do you know Hornby?"

"Yes, I believe I do."

"Did you ever say, in his Presence, that you would not promise your Vote to Sir Henry Wilson, because you could not get your Money?"

"I never did no such like Word; I never said no such like Thing."

"Nor any thing to that Effect?"

"No."

"Were you ever canvassed by Hornby at any Time?"

"No, I was not."

"Were you ever asked for your Vote by him?"

"No, at no Time."

"How long have you known him?"

"I have known him since before the Election took place."

"Have you known him ever since he came to Retford?"

"Yes."

"How long did he stay at Retford?"

"I cannot tell you."

"As near as you can tell?"

"Well, I have no Idea how long he stopped."

"Did he stay long after the Election?"

"I am sure I cannot tell."

"Do you remember his going away?"

"I do not know about his going away."

"Do you remember missing him out of Town?"

"No."

"For aught you know he may live there still?"

"Not so; I know that he does not."

"Then he does not live at Retford now?"

"No, he does not."

"When did you first know of his not being a Resident at Retford?"

"He has not been at Retford for some Time, but how long I cannot tell."

"As nearly as you can tell me, how long is it?"

"Indeed I do not know how long it is; I cannot tell; not for several Months."

"Do you remember his being sold up at Retford; his Furniture being taken in Execution?"

"Yes, I remember that."

"How long ago is that?"

"I cannot tell; perhaps it may be a Twelvemonth, or it may be more; I cannot tell to several Months."

"Did he quit Retford soon after that?"

"I cannot say; I know very little about him."

"Do you know Mr. Tom Nelson, his Brother-in-Law?"

"No, I do not."

"Do you remember Hornby and Sir Henry Wilson coming together to canvass you?"

"Yes."

"Where were you living at that Time?"

"I was living at the same House as I do when I am at Home."

"As I have never had the Pleasure of being at your House, where is it?"

"It was in Cannongate, at East Retford."

"Did they come together to call upon you?"

"I see'd Hornby; but I would not admit him into my House; I admitted Sir Henry Wright Wilson; I shut the Door upon him."

"What was your Reason for that?"

"I would not be canvassed by him."

"You let Sir Henry canvass you?"

"Yes."

"Why would you let Sir Henry canvass you, but not Mr. Hornby?"

"Because I thought by myself that Sir Henry Wright Wilson was enough to come and canvass me, without bringing other People."

"Were there any other Persons besides Hornby?"

"I do not know that there was."

"You preferred Sir Henry to Hornby?"

"Yes, I did, certainly; he was the Candidate; and I did not want any one with him."

"Did you promise him."

"No, I did not promise him."

"Did any thing pass between you and Sir Henry about Money?"

"No, not a Word."

"What did pass between you?"

"He axed me for my Vote, and I told him I had promised my Vote, and I could not serve him."

"You voted, I suppose, for Wrightson and Dundas?"

"Yes, I did."

"You would not promise Sir Henry?"

"No."

"On what Plea did he come to canvass you?"

"The Plea! He did not say any thing exactly then, but he axed me for my Vote, and I told him I had promised already, and could not run from my Word."

"And you could not?"

"No."

"And you did not?"

"I did not."

Cross-examined by Mr. Law.

"Did it require a private Conversation to say that; did you shut the Door, or the other Man?"

"I did not want to have any thing to do with Mr. Hornby?"

"Are you always so particular whom you let into your House?"

"At the Time of the canvassing I like the Gentlemen to come themselves; I do not like them to bring so many Servants with them."

Re-examined by Mr. Alderson.

"Had you a better Opinion of Sir Henry Wilson than of Mr. Hornby?"

"To a Certainty I had."

(By a Lord.) "Had you a bad Opinion of Mr. Hornby?"

"Sir Henry Wright Wilson was more of a Gentleman than Mr. Hornby, therefore I must have a better Opinion of him; and besides that, he was the Candidate."

The Witness was directed to withdraw.

The Counsel were directed to withdraw.

Ordered, That the further Consideration and Second Reading of the said Bill be put off 'till To-morrow; and that the Lords be summoned.

Witnesses discharged from further Attendance on it:

Ordered, That Jonathan Savage, The Reverend Edmund Gray, Matthew Wass, George Wass, James Bailey, William Burton, Tom Booth, Richard Hindley, Alderman William Meekley, Thomas Leake, George Whittam, William Swales, John Crooks, Thomas Evans, William Clayton, William Freeman and Thomas Burton be discharged from further Attendance on this House, upon the last-mentioned Bill.

Witnesses to attend on it.

Ordered, That Job Bullivant, John Alsebrook, John Clater, William Walker, Thomas Nelson, George Padley, John Shadrack Piercy, Peter Allen and Bonsor do attend this House forthwith, in order to their being examined as Witnesses upon the Second Reading of the last-mentioned Bill.

Adjourn.

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