House of Lords Journal Volume 38: February 1788 21-30

February 1788 21-30

DIE Jovis, 21^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Lord Archbishop of Canterbury on his Right Hand, and the Lord President on his Left; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons, assembled for that Purpose; which Commission you will now hear read."

Then the said Commission was read by the Clerk, as follows; (videlicet)

GEORGE R.

George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth: To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting: Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) "An Act for charging an additional Duty on Spirits, manufactured in Scotland, and imported into England." "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex; and for amending the Road from Florence Farm in the Parish of Withyham, to Forest Row in the Parish of East Grinstead in the County of Sussex." "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing and widening several Roads leading to the Town of Dartford in the County of Kent." "An Act for amending, widening, and keeping in Repair the Road from the Bottom of Whitesheet Hill through Hurdcot, to the Wilton Turnpike Road, at or near Barford in the County of Wilts." And albeit the said Acts by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts: Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also, by these Presents, Our right trusty and well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also, commanding Our Most Dear Son and Our faithful Counsellor George Prince of Wales; the Most Reverend Father in God Our right trusty and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and right well-beloved Cousin and Counsellor Charles Earl Camden, President of Our Council; Our right trusty and entirely beloved Cousin and Counsellor Granville Marquiss of Stafford, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond, George Duke of Montagu, Master of Our Horse; Our right trusty and right wellbeloved Cousins and Counsellors James Earl of Salisbury, Chamberlain of Our Household; Henry Earl Bathurst, William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our right trusty and well-beloved Cousins and Counsellors Thomas Viscount Weymouth, Groom of Our Stole; Richard Viscount Howe, First Commissioner of Our Admiralty; and Our right trusty and well-beloved Counsellors Francis Lord Osborne, One of Our Principal Secretaries of State; and Thomas Lord Sydney, One other of Our Principal Secretaries of State, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same; and also, to enroll these Our Letters Patent and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them, a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament, and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Twenty-first Day of February in the Twenty-eighth Year of Our Reign.

By the King Himself, signed with His own Hand.

"Yorke."

Then the Lord Chancellor said,

"In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled. That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follows; (videlicet)

1. "An Act for charging an additional Duty on Spirits, manufactured in Scotland, and imported into England."

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

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

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

3. "An Act for continuing the Term and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing and widening several Roads leading to the Town of Dartford in the County of Kent."

4. "An Act for amending, widening, and keeping in Repair the Road from the Bottom of Whitesheet Hill through Hurdcot, to the Wilton Turnpike Road at or near Barford in the County of Wilts."

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

"Le Roy le veult."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Worcester Roads Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of certain Acts of Parliament for repairing several Roads leading into and near the City of Worcester; and for repairing certain other Roads therein mentioned;" to which they desire the Concurrence of this House.

Wylde to take the Name of Browne, Bill.

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

With a Bill, intituled, "An Act for enabling Ralph Browne Wylde and his Issue, to take the Name and bear the Arms of Browne, pursuant to the Will of Jane Browne late of Caughley in the Parish of Barrow in the County of Salop, Widow, deceased;" to which they desire the Concurrence of this House.

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

Glynne's Petition referred to Judges.

Upon reading the Petition of Dame Mary Glynne, Widow and Relict of Sir Stephen Glynne Baronet deceased, in Behalf of and as Guardian of her Son and only Child Sir Stephen Richard Glynne Baronet, and of Francis Glynne Esquire in Behalf of himself; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Baron Perryn, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Hicks & al. Petition referred to Judges.

Upon reading the Petition of Michael Hicks of Williamstrip, in the County of Gloucester Esquire, and William Hicks of Withington in the same County Esquire, for and on Behalf of themselves and their Infant Children, and of Michael Burton of Esquire; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Grose, who are forthwith to summon all Parties concerned in the Bill, and after hearing them are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Falmouth's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Real Estate of the late Hugh Lord Viscount Falmouth, situate in the Borough of Tregony and Parish of Cuby, in the County of Cornwall, in Trustees, to be sold and conveyed to Sir Francis Bassett Baronet, and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them, to meet on Friday the 7th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Biscoe, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Elisha Biscoe of Spring Grove in the County of Middlesex Esquire; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Elisha Biscoe Esquire to grant Building Leases of Part of the Estates devised by the Will of his late Father, Elisha Biscoe Esquire, deceased."

Riddlesden Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Commons or Waste Grounds, within the Manor of Riddlesden, otherwise Morton, or Riddlesden with Morton, in the Parish of Bingley in the West Riding of the County of York."

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

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

Marchwiel Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act of the Seventh Year of His present Majesty, for repairing and widening the Road from Marchwiel in the County of Denbigh, through Bangor, Worthenbury, and Hanmer, in the County of Flint, to a House in the Possession of Thomas Jenks in Dodington in the Parish of Whitchurch in the County of Salop; and from Bangor aforesaid, to Malpas in the County of Chester; and from Redbrook, to Hampton in the said County of Salop."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

The House was adjourned during Pleasure.

The House was resumed.

Hastings' Trial, Motion relative to Mode of Proceeding, negatived:

The Order of the Day being read for taking into Consideration the Mode of Proceeding upon the Articles of Impeachment against Warren Hastings Esquire; and for the Lords to be summoned; and for the Judges to attend:

It was moved, "That the Managers on the Part of the Commons of Great Britain be directed neither to proceed upon the Whole of the Charges, nor upon their Accusations Article by Article, but to proceed to support the criminating Allegations one by one."

Which being objected to;

After Debate,

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Managers Proposition read:

Then it was moved, "That the Proposition of the Commons relative to the Mode of Proceeding might be now read."

The same was accordingly read by the Clerk, as follows; (videlicet)

"That the Managers for the Commons might open the First Article, and bring their Evidence upon the said Article; then that the Defendant should proceed to his Defence upon the said First Article, and produce Evidence in support of his said Defence; that then the Managers for the Commons should be heard to Reply, so as to finish entirely one Article before they began upon another."

Motion that the Lords will proceed in the Manner proposed by the Managers, negatived:

Then it was moved, "That the Managers for the House of Commons and the Prisoner be informed, that the Lords will proceed to hear the First Article in the Manner proposed by the Managers."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

DISSENTIENT.

Protest thereupon.

1st. "Because, we hold it to be primarily essential to the due Administration of Justice that they, who are to judge, have a full, clear, and distinct Knowledge of every Part of the Question, on which they are ultimately to decide; and in a Cause of such Magnitude, Extent, and Variety as the present, where Issue is joined on Acts done at Times and Places so distant, and with relation to Persons so different, as well as on Crimes so discriminated from each other by their Nature and Tendency, we conceive such Knowledge cannot, but with extreme Difficulty, be obtained, without a separate Consideration of the several Articles exhibited."

2dly, "Because, we cannot with equal Facility, Accuracy, and Confidence, apply and compare the Evidence adduced, and more especially the Arguments urged by the Prosecutors on one Side, and the Defendant on the other, if the whole Charge be made one Cause as if the several Articles be heard in the Nature of separate Causes."

3dly, "Because, admitting it to be a clear and acknowledged Principle of Justice, that the Defendant against a criminal Accusation should be at Liberty to make his Defence, in such Form and Manner as he shall deem most to his Advantage; we are of Opinion that such Principle is only true, so far forth, as the Use and Operation thereof shall not be extended to defeat the Ends of Justice, or to create Difficulties and Delays equivalent to a direct Defeat thereof; and because we are of Opinion, that the Proposition made by the Managers of the House of Commons, if it had been agreed to, would not have deprived the Defendant in this Prosecution of the fair and allowable Benefit of such Principle taken in its true Sense; in as much as it tended only to oblige him to apply his Defence specially and distinctly, to each of the distinct and separate Articles of the Impeachment, in the only Mode in which the respective Merits of the Charge and of the Defence can be accurately compared and determined, or even retained in the Memory, and not to limit or restrain him, in the Form and Manner of constructing, explaining, or establishing such Defence."

4thly, "Because, in the Case of the Earl of Middlesex, and that of the Earl of Strafford, and other Cases of much less Magnitude, Extent, and Variety than the present, this House has directed the Proceedings to be according to the Mode now proposed by the Managers on the Part of the Commons."

5thly, "Because, even if no Precedent had existed, yet from the new and distinguishing Circumstances of the present Case, it would have been the Duty of this House to adopt the only Mode of Proceeding, which, founded on Simplicity, can ensure Perspicuity, and obviate Confusion."

6thly, "Because, we conceive, that the accepting the Proposal made by the Managers, would have been no less consonant to good Policy than to substantial Justice, since by possessing the acknowledged Right of preferring their Articles as so many successive Impeachments, the Commons have an undoubted Power of compelling this House in future virtually to adopt that Mode which they now recommend; and if they should ever be driven to stand on this extreme Right, Jealousies must unavoidably ensue between the Two Houses, whose Harmony is the vital Principle of National Prosperity, Public Justice must be delayed if not defeated, the innocent might be harassed, and the guilty might escape."

7thly, "Because, many of the Reasons upon which a different Mode of conducting this Prosecution has been imposed upon the Commons, as alledged in the Debate upon this Subject appear to us, of a still more dangerous and alarming Tendency than the Measure itself; forasmuch as we cannot hear, but with the utmost Astonishment and Apprehension, that this Supreme Court of Judicature is to be concluded by the instituted Rules of the Practice of inferior Courts; and that the Law of Parliament, which we have ever considered as recognized and reverenced, by all who respected and understood the Laws and the Constitution of this Country, has neither Form, Authority, nor even Existence, a Doctrine which we conceive to strike directly at the Root of all Parliamentary Proceeding by Impeachment, and to be equally destructive of the established Rights of the Commons, and of the criminal Jurisdiction of the Peers, and consequently, to tend to the Degradation of both Houses of Parliament, to diminish the Vigour of Public Justice, and to subvert the fundamental Principles of the Constitution.

"Portland.
Bedford.
Derby.
Devonshire.
Stamford.
Cardiff.
Loughborough.
Wentworth Fitzwilliam.
Craven."

Dissentient for the First and Second Reasons only.

Townshend.
Harcourt.
Leicester.

Dissentient for the First, Second, and last Reasons.

"Manchester."

Order as to Mode of Proceeding.

Ordered, That the Managers for the Commons be informed, that they do proceed to produce all their Evidence in Support of their Impeachment, before the Defendant be called upon for his Defence.

Adjourn.

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

DIE Veneris, 22^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

E. Ashburnham takes the Oaths.

This Day John Earl of Ashburnham took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Worcester Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of certain Acts of Parliament, for repairing several Roads leading into and near the City of Worcester, and for repairing certain other Roads therein mentioned."

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

Their Lordships, or any Five of them, to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Hastings' Trial.

The Order of the Day being read for the Proceeding further in the Trial of Warren Hastings Esquire, upon the Articles of Impeachment brought up against him by the Commons, for High Crimes and Misdemeanors:

The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on Tuesday last.

And the Lords being there seated; and the House resumed:

Leave was asked for the Judges to be covered, which was granted.

Then Proclamation was made for Silence; also, Proclamation for the Defendant's Appearance.

Who coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.

Then the other Proclamation for all Persons concerned to come forth was made.

The Lord Chancellor acquainted the Managers for the Commons, "That he was commanded by the Lords to inform them, that they do proceed to produce all their Evidence in Support of their Impeachment, before the Defendant is called upon for his Defence."

His Lordship then said, "Gentlemen Managers of the House of Commons, you may proceed to make good your Impeachment."

The Managers desired Leave to retire for a short Time; and being returned:

Proclamation for Silence was made.

Mr. Fox then proceeded to open the First Article; and having been heard in Part thereupon:

The House adjourned to the Chamber of Parliament, and being returned,

The House was resumed.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Monday Morning next, at Ten o'Clock, in Westminster Hall.

Message to H. C. that this House will proceed in the Trial on Monday next.

A Message was sent to the House of Commons, by Mr. Montagu and Mr. Leeds, to acquaint them therewith.

Errington's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of George Errington Esquire with Harriet Coren his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" which stands appointed for Monday next, be put off to Tuesday the 4th Day of March next; and the Lords summoned; and that the several Persons who were ordered to attend on that Day, do then attend.

Wylde to take the Name of Browne, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Ralph Browne Wylde and his Issue, to take the Name and bear the Arms of Browne, pursuant to the Will of Jane Browne, late of Caughley in the Parish of Barrow in the County of Salop, Widow, deceased."

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

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

Adjourn.

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

DIE Lunæ, 25^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ

PRAYERS.

L. Grey de Wilton & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Thomas Lord Grey de Wilton, and the other Trustees of the Free Grammar School of the Town and Parish of Bolton in the Moors in the County of Lancaster; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Grose, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Puleston's Petition referred to Judges.

Upon reading the Petition of the Reverend Philip Puleston, Doctor in Divinity, Vicar of the Parish of Ruabon, in the County of Denbigh, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition, and also that the Judges, having perused the Bill, do sign the same.

E. Camden & Hamilton's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Charles Earl Camden, President of His Majesty's Most Honourable Privy Council, and the Reverend Anthony Hamilton, Doctor in Divinity, Canon and Prebendary of the Prebend called Cantlowes, otherwise Cantlers, otherwise Kentish Town, in the Cathedral Church of Saint Paul, London; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Justice Grose, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Sir G. Cornewall & al. Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Sir George Cornewall Baronet, and Dame Catherine Cornewall his Wife, for and on Behalf of themselves and their Infant Children and others; praying Leave to bring in a private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Freehold Estates devised by the Will of Sir George Amyand Baronet, deceased, in Trustee, to sell the same; and for laying out the Money arising by such Sale in the Purchase of other Manors, Lands, or Hereditaments, to be settled in lieu thereof to the like Uses."

Worcester Roads Bill.

The Lord Chedworth reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of certain Acts of Parliament, for repairing several Roads leading into and near the City of Worcester, and for repairing certain other Roads therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found be be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Riddlesden Enclosure Bill.

The Earl Fitzwilliam reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing the Commons or Waste Grounds within the Manor of Riddlesden, otherwise Morton, or Riddlesden with Morton, in the Parish of Bingley in the West Riding of the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

East India Judicature Act, Lists delivered in pursuance of.

Several Lords delivered in Lists, in pursuance of the Directions of an Act passed in the 26th Year of His present Majesty, intituled, "An Act for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, for repealing so much of an Act made in the Twenty-fourth Year of the Reign of his present Majesty, intituled, "An Act for the better Regulation and Management of the Affairs of the East India Company, and of the British Possessions in India, and for establishing a Court of Judicature for the more speedy and effectual Trial of Persons accused of Offences committed in the East Indies," as requires the Servants of the East India Company to deliver Inventories of their Estates and Effects, for rendering the Laws more effectual against Persons unlawfully resorting to the East Indies, and for the more easy Proof in certain Cases of Deeds and Writings, executed in Great Britain or India."

Hastings' Trial:

The Order of the Day being read for the Proceeding further in the Trial of Warren Hastings Esquire, upon the Articles of Impeachment brought up against him by the Commons, for High Crimes and Misdemeanors:

The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on Friday last.

And the Lords being there seated; and the House resumed:

Leave was asked for the Judges to be covered, which was granted.

Then Proclamation was made for Silence; also, Proclamation for the Defendant's Appearance.

Who, coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.

Then the other Proclamation, for all Persons concerned to come forth, was made.

Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge."

Mr. Grey, one of the Managers, proceeded to open the Remainder of the First Article; and having been fully heard thereupon:

Several Witnesses were called in, sworn, and examined, and several Papers having been read:

The House adjourned to the Chamber of Parliament; and being returned:

The House was resumed.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, To-morrow Morning, at Ten o'Clock, in Westminster Hall.

Message to H. C. that this House will proceed in the Trial To morrow.

A Message was sent to the House of Commons, by Mr. Pepys and Mr. Walker, to acquaint them therewith.

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

Brighton Playhouse Bill.

With a Bill, intituled, "An Act to enable His Majesty to license a Playhouse in the Town of Brighthelmstone in the County of Sussex;" to which they desire the Concurrence of this House.

Faversham Oyster Fishery Bill.

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

With a Bill, intituled, "An Act for more effectually securing the Oyster Fishery at Faversham in the County of Kent;" to which they desire the Concurnce of this House.

Humberstone Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open Fields, Meadows, and Commonable Grounds, in the Parish or Lordship of Humberstone in the County of Leicester;" to which they desire the Concurrence of this House.

Mear and Wedmore Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing certain Moors, Commons, or Waste Lands, within the Parishes of Mear and Wedmore in the County of Somerset;" to which they desire the Concurrence of this House.

Westbury Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing certain Commons or Waste Lands, within the Parish of Westbury in the County of Somerset;" to which they desire the Concurrence of this House.

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

Adjourn.

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

DIE Martis, 26^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Biscoe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Elisha Biscoe Esquire, to grant Building Leases of Part of the Estates, devised by the Will of his late Father, Elisha Biscoe Esquire, deceased."

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

Their Lordships, or any Five of them, to meet on Wednesday the 12th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Worcester Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of certain Acts of Parliament, for repairing several Roads leading into and near the City of Worcester, and for repairing certain other Roads therein mentioned."

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

It was resolved in the Affirmative.

Riddlesden Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Commons or Waste Grounds, within the Manor of Riddlesden, otherwise Morton, or Riddlesden with Morton, in the Parish of Bingley in the West Riding of the County of York."

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

It was resolved in the Affirmative.

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

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

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

Hastings' Trial.

The Order of the Day being read for the proceeding further in the Trial of Warren Hastings Esquire, upon the Articles of Impeachment brought up against him by the Commons, for High Crimes and Misdemeanors:

The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday.

And the Lords being there seated; and the House resumed:

Leave was asked for the Judges to be covered, which was granted.

Then Proclamation was made for Silence; also, Proclamation for the Defendant's Appearance.

Who, coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.

Then the other Proclamation, for all Persons concerned to come forth, was made.

Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge:"

Whereupon, a Witness was called in, sworn and examined; and several Papers being read:

An Objection was made to the Managers for the Commons reading a Letter, dated 27th May 1779, from the Court of Directors to the Governor General of Bengal (fn. 1).

It was moved, "To adjourn to the Chamber of Parliament;" and being returned:

The House was resumed:

It was moved, "That the Managers for the Commons be permitted to proceed and to read a Letter, dated the 27th of May 1779, from the Court of Directors to the Governor General and Council of Bengal."

After short Debate;

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire on Thursday Morning next, at Ten o'Clock, in Westminster Hall.

Message to H. C. that this House will proceed in the Trial on Thursday next.

A Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Evidence to be printed:

Ordered, That the Minutes of the verbal Evidence as taken by the Clerk, which has been or shall be given upon the Trial of Warren Hastings Esquire, and all the written Evidence produced and read, be printed from Day to Day for the Use of the Members of this House only.

Motion that Copies be delivered to such Lords only as attend, negatived.

Then it was moved, "That the printed Copies be delivered to such Lords only as shall attend the Trial."

The Question was put thereupon?

It was resolved in the Negative.

Gossip & al. Petition referred to Judges.

Upon reading the Petition of William Gossip and Wilmer Gossip Esquires, and of Maria (late the Widow of George Gossip Esquire) now the Wife of John Fairlamb Esquire, for and on the Behalf of herself and of her Infant Children Anna Gossip, Anna Maria Gossip and Susannah Harriet Gossip; and also of Joanna Gossip Widow of Thomas Gossip deceased, Isaac Carter Gentleman, and the said Wilmer Gossip for and on the Behalf of William Gossip and Randal Gossip the Infant Children of the said Thomas Gossip deceased; and also of the said John Fairlamb; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Baron Perryn, who are forthwith to summon all Patties concerned in the Bill, and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges having perused the Bill, do sign the same.

Adjourn.

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

DIE Jovis, 28^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Bradwell Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds of and within the Parish of Bradwell, in the County of Bucks."

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.

E. Macclesfield's Estate Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for vesting the Real Estate of Thomas Reade Esquire and Elizabeth Reade his Daughter, situate in Shirburn, Lewknor, Stokenchurch and Kingston Blount, in the County of Oxford, in Thomas Earl of Macclesfield and his Heirs; and for settling another Real Estate of the said Earl of greater Value in lieu thereof, and in Exchange for the same in Manner therein mentioned," stands committed, be revived and meet To-morrow.

Westbury Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing certain Commons or Waste Lands, within the Parish of Westbury, in the County of Somerset."

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

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

Mear and Wedmore Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing certain Moors, Commons or Waste Lands within the Parishes of Mear and Wedmore, in the County of Somerset."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Sinclair et al. against Threiplands.

Upon reading the Petition and Appeal of Henrietta and Janet Sinclairs lawful Daughters of James Sinclair of Harpsdale, and of William Sinclair Wemyss Esquire Husband to the said Henrietta, and Benjamin Williamson Esquire Husband to the said Janet, for their Interests; and of James Sinclair of Durren, Trustee for the deceased Mrs. Katharine Sinclair; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 13th of December 1786, and 24th of February and 7th of March 1787; and also of an Interlocutor of the Lord Ordinary there, of the 14th of February 1788; and praying, "That the same may be reversed, varied or amended, or that the Appellants may have such other Relief in the Premises, as to this House in their Lordships great Wisdom shall seem proper; and that Patrick Threipland Brother and Heir of the deceased David Sinclair Threipland of Southdun, and Doctor Stewart Threipland of Fingask, may be required to answer the said Appeal:"

It is Ordered, That the said Patrick Threipland and Doctor Stewart Threipland may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Thursday the 27th Day of March next; and Service of this Order upon any of the known Counsel or Agents of the said Respondents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer, of Buckingham Street, York Buildings, Gentleman, may be permitted to enter into a Recognizance for Henrietta and Janet Sinclairs and others, on account of their Appeal depending in this House, they living in Scotland:"

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

Hill et al. Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Richard Hill Gentleman, and others, praying Leave to bring in a private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to exchange Lands and Hereditaments between the Trustees of a Charity Estate in Hesslewood, in the Parish of Hessle, in the County of the Town of Kingston upon Hull, and Joseph Robinson Pease Esquire."

Hastings' Trial:

The Order of the Day being read for the Proceeding further in the Trial of Warren Hastings Esquire, upon the Articles of Impeachment brought up against him by the Commons, for High Crimes and Misdemeanors.

The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on Tuesday last.

And the Lords being there seated; and the House resumed:

Leave was asked for the Judges to be covered, which was granted.

Then Proclamation was made for Silence; also, Proclamation for the Defendant's Appearance.

Who coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.

Then the other Proclamation for all Persons concerned to come forth, was made.

Then the Lord Chancellor acquainted the Managers for the Commons with the Order of this House of Tuesday last, "That they do proceed to read a Letter, dated the 27th of May 1779, from the Court of Directors to the Governor General and Council of Bengal."

His Lordship then said, "Gentlemen Managers of the House of Commons, you may proceed with your Evidence;" whereupon,

Several Witnesses were called in, sworn, and examined.

And several Papers being read,

The House adjourned to the Chamber of Parliament; and being returned:

The House was resumed.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, To-morrow Morning, at Ten o'Clock, in Westminster Hall.

Message to H. C. that this House will proceed in the Trial To-morrow.

A Message was sent to the House of Commons, by Mr. Pepys and Mr. Walker, to acquaint them therewith.

Marchweil Road Bill.

Ordered, That the Bill, intituled, "An Act for enlarging the Term and Powers of an Act of the Seventh Year of His present Majesty, for repairing and widening the Road from Marchweil, in the County of Denbigh, through Bangor, Worthenbury, and Hanmer, in the County of Flint, to a House in the Possession of Thomas Jenks, in Dodington, in the Parish of Whitchurch, in the County of Salop, and from Bangor aforesaid, to Malpas, in the County of Chester, and from Redbrook to Hampton, in the said County of Salop," be recommitted; and that they do meet to consider the said Bill To-morrow.

Twiss for a Divorce Bill.

Upon reading the Petition of Jonathan Twiss Esquire, late of Bombay, in the East Indies, but now of James Street, in the Parish of Saint Margaret, Westminster Esquire, praying Leave to bring in a Bill to dissolve his Marriage with Francis Dorrill his now Wife, and to enable him to marry again, and for other Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bleadon Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing certain Commons or Waste Lands, within the Manor of Bleadon, in the County of Somerset;" to which they desire the Concurrence of this House.

Inverness Court House, &c. Bill.

A Message was brought from the House of Commons, by Sir Hector Munro and others:

With a Bill, intituled, "An Act for taking down the present Court House and Gaol, and erecting and building a new Court House and Gaol, in and for the Town and County of Inverness, and for appropriating the Sum of One thousand Pounds out of the unexhausted Balance or Surplus, arising from the forfeited Estates in North Britain, towards erecting and building the same;" to which they desire the Concurrence of this House.

American Trade Bill.

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

With a Bill, intituled, "An Act to continue the Laws now in force, for regulating the Trade between the Subjects of His Majesty's Dominions, and the Inhabitants of the Territories belonging to the United States of America, so far as the same relate to the Trade and Commerce carried on between this Kingdom, and the Inhabitants of the Countries belonging to the said United States;" to which they desire the Concurrence of this House.

Wylde to take the Name of Browne, Bill.

Ordered, That the Committee to whom the Bill intituled, "An Act for enabling Ralph Browne Wylde and his Issue, to take the Name and bear the Arms of Browne, pursuant to the Will of Jane Browne, late of Caughley, in the Parish of Barrow in the County of Salop, Widow, deceased," stands committed, be revived, and meet To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Februarii, horâ decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 29^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Sir. T. Acland's Petition referred to Judges.

Upon reading the Petition of Sir Thomas Dyke Acland, of Killerton, in the County of Devon, Baronet, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Baron Perryn, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition, and also that the Judges having perused the Bill, do sign the same.

American Trade Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to continue the Laws now in force, for regulating the Trade between the Subjects of His Majesty's Dominions, and the Inhabitants of the Territories belonging to the United States of America, so far as the same relates to the Trade and Commerce carried on between this Kingdom and the Inhabitants of the Countries belonging to the said United States."

Bleadon Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing certain Commons or Waste Lands, within the Manor of Bleadon, in the County of Somerset."

Inverness Court House, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for taking down the present Court House and Gaol, and erecting and building a new Court House and Gaol, in and for the Town and County of Inverness, and for appropriating the Sum of One thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, towards erecting and building the same."

Adderley, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Charles Bowyer Adderley Esquire; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Charles Bowyer Adderley Esquire and the future Tenants for Life of the Estates devised by the Will of Bowyer Adderley Esquire to grant Building and Repairing Leases thereof."

Hastings' Trial:

The Order of the Day being read for the Proceeding further in the Trial of Warren Hastings Esquire upon the Articles of Impeachment brought up against him by the Commons, for High Crimes and Misdemeanors:

The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as Yesterday:

And the Lords being there seated, and the House resumed:

Leave was asked for the Judges to be covered, which was granted:

Then Proclamation was made for Silence, also, Proclamation for the Defendant's Appearance:

Who coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.

Then the other Proclamation for all Persons concerned to come forth, was made.

Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge:"

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

And several Papers were read.

Then Mr. John Benn having been examined in Chief, and cross-examined by the Counsel for the Defendant; he was asked by the Managers for the Commons, "Whether he had not been examined before a Committee of the House of Commons, and whether he had not before that Committee answered the following Question in the following Manner:"

Q. "Who was to pay Mehipnarain the Allowances stipulated for him by the Governor General?"

A. "Doorgbijey Sing."

Objection taken by Counsel to a Question:

The Counsel objected to the said Question being put, and to the said Question suggested to have been put, and the Answer made thereto in the Committee of the House of Commons being read, it being new in Judicature for a Party producing a Witness in a Criminal Proceeding to attempt to discredit such Witness.

The Managers for the House of Commons being heard in Answer to the said Objection, the Counsel in Support of it, and the Managers in Reply:

The House adjourned to the Chamber of Parliament; and being returned:

The House was resumed:

Question put to Judges thereupon.

Proposed, "That the following Question be put to the Judges:"

"Whether when a Witness produced and examined in a criminal Proceeding by a Prosecutor disclaims all Knowledge of any Matter so interrogated, it be competent for such Prosecutor to pursue such Examination, by proposing a Question containing the Particulars of an Answer supposed to have been made by such Witness before a Committee of the House of Commons, or in any other Place, and by demanding of him whether the Particulars so suggested were not the Answer he had so made?"

The same was agreed to; and the said Question was accordingly put to the Judges.

And the Judges desiring Time to consider the said Question,

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire on Thursday the 10th Day of April next, at Ten o'Clock in the Morning, in Westminster Hall.

Message to H. C. that this House will proceed in the Trial 10th April.

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

To acquaint them therewith.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Martii, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.