House of Lords Journal Volume 38: March 1789 21-30

March 1789 21-30

DIE Sabbati, 21^o Martii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lower Swell Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Downs, Commons, and Commonable Lands in the Manor and Parish of Lower Swell, in the County of Gloucester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments were read by the Clerk as follow; (videlicet)

Pr. 47. L. 2. Leave out from ("for") to ("any") in Line 9, and in the same Line leave out ("other")

L. 11. After ("except") insert ("the said Vicar, and the Vicar for the Time being, and also")

L. 25. Leave out from ("to") to ("such") in Line 26."

L. 27. Leave out ("other")

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

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the whole House be put into a Committee upon the said Bill on Monday next.

Marine Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

American Trade Bill.

Hodie 2^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 relate to the Trade and Commerce carried on between this Kingdom and the Inhabitants of the Countries belonging to the said United States."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Barthomley Church, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Mary Alsager, Margaret Alsager, and Judith Alsager, to finish and complete a new Church or Chapel, in the Parish of Barthomley, in the County of Chester, and to endow the same; and to establish a Charity School within the said Parish, and vesting the Right of Presentation to the said Church or Chapel in them and the future Lords and Ladies of the Manor of Alsager, within the said County."

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

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

Roxburgh Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of so much of an Act made in the Eighth Year of the Reign of His present Majesty, as relates to the repairing and widening several Roads leading through the County of Roxburgh, and for better regulating the Statute Labour within the said County."

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

It was resolved in the Affirmative.

Pourtales' Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Naturalization of Lewis Pourtales."

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

It was resolved in the Affirmative.

Siordet's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Naturalization of Jacob Siordet and James Lewis Siordet."

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

It was resolved in the Affirmative.

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

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

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

Adjourn.

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

DIE Lunæ, 23^o Martii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stration against Graham.

After hearing Counsel in Part in the Cause, wherein Andrew Stration, Tenant in Pitmurthly, is Appellant, and Thomas Graham Esquire, of Balgowan, is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to the First Cause Day after the Recess at Easter.

Lower Swell Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Downs, Commons, and Commonable Lands, in the Manor and Parish of Lower Swell, in the County of Gloucester."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Mutiny Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters:"

Ordered, That the said Order be discharged.

Marine Mutiny Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore:"

Ordered, That the said Order be discharged.

American Trade Bill.

The Order of the Day being read for the House to be put into a Committee upon the 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:"

Ordered, That the said Order be discharged.

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

It was resolved in the Affirmative.

Marine Mutiny Bill:

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

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

It was resolved in the Affirmative.

American Trade Bill:

Hodie 3^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 relate to the Trade and Commerce carried on between this Kingdom and the Inhabitants of the Countries belonging to the said United States."

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

It was resolved in the Affirmative.

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

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Broughton Enclosure Bill.

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

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

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

Secretan's Naturalization Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing Frederick Samuel Secretan, otherwise called Samuel Frederick Secretan," stands committed; be revived and meet To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis vicesimum quartum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 24^o Martii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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 Archbishop of Canterbury on his Right Hand, and the Lord Sydney 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, who are appointed by former Letters Patent to open and hold this Parliament, 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 punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters." "An Act for the Regulation of His Majesty's Marine Forces while on Shore." "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." "An Act for the Improvement of Manchester Square, within the Parish of Saint Mary-le-bone, in the County of Middlesex." "An Act for more effectually carrying into Execution the Purposes of certain Acts of the Sixteenth and Twenty-third Years of the Reign of His present Majesty, for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk." "An Act for enlarging the Term and Powers of so much of an Act made in the Eighth Year of the Reign of His present Majesty, as relates to the repairing and widening several Roads leading through the County of Roxburgh; and for better regulating the Statute Labour within the said County." "An Act for dividing and enclosing certain Ings or Meadow Ground called Bradley Ings, and Two Moors or Commons called Upper Bradley Common and Lower Bradley Common, within the Manor of Bradley, in the Parish of Kildwick, in the West Riding of the County of York." "An Act to enable Ralph Willis Esquire, (lately called Ralph Earle,) and the Heirs Male of his Body, to take the Surname and bear the Arms of Willis only, pursuant to the Will of Daniel Willis Esquire, deceased." "An Act for naturalizing Nathaniel Wendt." "An Act for naturalizing John Gottlieb Klopfer, John William Vogel, and Henry Siffken." "An Act for the Naturalization of Jacob Siordet and James Lewis Siordet." "An Act for the Naturalization of Lewis Pourtales." 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 publicly 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 Counselsellor 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 wellbeloved Cousin and Counsellor Charles Earl Camden, President of Our Council; Our right trusty and entirely beloved Cousin and Counsellor Granville Marquis 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; Francis Duke of Leeds, One of Our Principal Secretaries of State; George Duke of Montagu, Master of Our Horse; Our right trusty and right well-beloved Cousin and Counsellor James Earl of Salisbury, Chamberlain of Our Household; Our right trusty and right well-beloved Cousin John Earl of Chatham, First Commissioner of Our Admiralty; Our right trusty and right well-beloved Cousin and Counsellor Henry Earl Bathurst; Our right trusty and wellbeloved Cousin and Counsellor Thomas Viscount Weymouth, Groom of Our Stole; and Our right trusty and well-beloved Counsellors Thomas Lord Sydney, One other of Our Principal Secretaries of State; and Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us; 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: And whereas by Our Letters Patent bearing Date at Westminster the Third Day of February last past, We did give and grant to the most Reverend Father in God, and Our faithful Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Counsellor Edward Lord Thurlow, Lord Chancellor of Great Britain; Our most dear Cousins and Counsellors Charles Earl Camden, President of Our Council; Granville Marquis of Stafford, Keeper of Our Privy Seal; James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond, George Duke of Montagu; James Earl of Salisbury, Chamberlain of Our Household; John Earl of Chatham; Henry Earl Bathurst; Thomas Viscount Weymouth; Francis Lord Osborne (now Francis Duke of Leeds), One of Our Principal Secretaries of State; Thomas Lord Sydney, One other of Our Principal Secretaries of State; and Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us; and any Three of them, full Power in Our Name to hold Our said Parliament, and to open and declare, and cause to be opened and declared, the Causes of holding the same, and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do every Thing which for Us and by Us for the Government of Our said Kingdom of Great Britain, and other Our Dominions thereunto belonging, should be there to be done; We do hereby further declare, that Our said Letters Patent bearing Date at Westminster the Third Day of February last past, and every Clause, Matter, and Thing therein contained, are and shall be in as full Force and Strength (these Our Letters Patent, or any Thing herein notwithstanding) as if these Presents had not been had or made; and Our Will and Pleasure is, and We do ordain and constitute, that the said most Reverend Father in God and Our faithful Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Counsellor Edward Lord Thurlow, Lord Chancellor of Great Britain; Our most dear Cousins and Counsellors Charles Earl Camden, President of Our Council; Granville Marquis of Stafford, Keeper of Our Privy Seal; James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond; Francis Duke of Leeds, One of Our Principal Secretaries of State; George Duke of Montagu; James Earl of Salisbury, Chamberlain of Our Household; John Earl of Chatham, Henry Earl Bathurst; Thomas Viscount Weymouth; Thomas Lord Sydney, One other of Our Principal Secretaries of State; and Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us, and any Three or more of them, shall put in Execution all the Powers and Authorities in the said Letters Patent mentioned and expressed, that yet remain to be done and executed. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the Twenty-fourth Day of March in the Twenty-ninth 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 both the Commissions already mentioned, One of 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."

1. "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

3. "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."

4. "An Act for the Improvement of Manchester Square, within the Parish of Saint Mary-le-bone, in the County of Middlesex."

5. "An Act for more effectually carrying into Execution the Purposes of certain Acts of the Sixteenth and Twenty-third Years of the Reign of His present Majesty, for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk."

6. "An Act for enlarging the Term and Powers of so much of an Act made in the Eighth Year of the Reign of His present Majesty, as relates to the repairing and widening several Roads leading through the County of Roxburgh; and for better regulating the Statute Labour within the said County."

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

"Le Roy le veult."

7. "An Act for dividing and enclosing certain Ings or Meadow Ground called Bradley Ings, and Two Moors or Commons called Upper Bradley Common and Lower Bradley Common, within the Manor of Bradley, in the Parish of Kildwick, in the West Riding of the County of York."

8. "An Act to enable Ralph Willis Esquire, (lately called Ralph Earle,) and the Heirs Male of his Body, to take the Surname and bear the Arms of Willis only, pursuant to the Will of Daniel Willis Esquire, deceased."

9. "An Act for naturalizing Nathaniel Wendt."

10. "An Act for naturalizing John Gottlieb Klopfer, John William Vogel, and Henry Siffken."

11. "An Act for the Naturalization of Jacob Siordet and James Lewis Siordet."

12. "An Act for the Naturalization of Lewis Pourtales."

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

"Soit fait comme il est desirè."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Essex Shire House Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a new Shire House for the County of Essex."

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

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

Thrussington Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open Common Fields, and several other Lands and Grounds in the Parish of Thrussington, otherwise Thurstanton, otherwise Trussington, in the County of Leicester."

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

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

Adjourn.

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

DIE Mercurii, 25^o Martii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sinclairs et al. against Threipland et al.

After hearing Counsel in Part in the Cause, wherein Henrietta and Janet Sinclairs and others are Appellants, and Doctor Stuart Threipland and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Friday next.

Sunderland Road Bill.

A Message was brought from the House of Commons, by Sir John Eden and others:

With a Bill, intituled, "An Act to enlarge the Term and Powers of Two Acts made in the Twentieth Year of the Reign of His late Majesty King George the Second; and the Eighth Year of the Reign of His present Majesty, for repairing the Road from Sunderland near the Sea to the City of Durham, in the County of Durham;" to which they desire the Concurrence of this House.

Bishop Wearmouth Road Bill.

A Message was brought from the House of Commons, by Sir John Eden and others:

With a Bill, intituled, "An Act for altering, raising, widening, repairing, and preserving the Road leading from the Town of Bishop Wearmouth, near Sunderland, in the County of Durham, to the Town of Norton, near Stockton, in the said County;" to which they desire the Concurrence of this House.

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

Buckworth to take the Name of Shakerley, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable Charles Watkin John Buckworth Esquire, and the Heirs Male of his Body, to take and use the Surname, and bear the Arms of Shakerley, pursuant to the Will of Peter Shakerley Esquire, deceased," stands committed, be revived, and meet on Friday next.

Essex Shire House Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for building a new Shire House for the County of Essex," stands committed, be revived, and meet on Friday next.

Hastings' Trial deferred:

Moved, "That the Order made on Friday the 13th Day of February last, for the House to proceed further in the Trial of Warren Hastings Esquire, on Monday the 6th Day of April next, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Tuesday the 21st Day of April next, at Ten o'Clock in the Morning in Westminster Hall.

Message to H. C. to acquaint them therewith.

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

His Majesty's Advocate against Milne in Error.

The House being informed, "That Mr. Tait attended with a Writ of Error from the Court of Exchequer in Scotland:"

He was called in, and being sworn and examined, acquainted their Lordships, "That he received the said Writ of Error from Mr. Baron Gordon sealed up, from the Lord Chief Baron of the said Court of Exchequer; and that it is now in the same Condition it was, when he received it:"

And then delivered the same at the Bar.

He was directed to withdraw.

In which Writ of Error,

His Majesty's Advocate General for Scotland is Plaintiff,
and
John Milne Defendant.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 27^o Martii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sinclairs et al. against Threipland et al:

After hearing Counsel as well on Wednesday last, as this Day, upon 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. Katherine Sinclair, complaining of Three Interlocutors of the Lords of Session in Scotland of the 13th 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 might be reversed, varied, or amended, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem proper;" as also upon the Answer of Doctor Stuart Threipland, Physician in Edinburgh, and Alexander Farquharson, Writer in Edinburgh, his Trustee, and the Answer of Patrick Threipland, Brother and Heir of the deceased Sinclair Threipland of Southdun, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Cause remitted.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Matter adjudged by the Interlocutor, dated the 19th of November 1763, was essentially different from that brought into Question in the present Cause, and could not bind the Subject Matter of the present Suit: And it is therefore Ordered, that the Cause be remitted back to the Court of Session in Scotland, to hear and determine the Point now put in Issue, without any Prejudice arising from the above-mentioned Interlocutor.

Golford Green Roads Bill:

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act of the Ninth Year of His present Majesty, for repairing and widening the Roads from the Turnpike Road at Golford Green, in the Parish of Cranbrooke, to the Turnpike Road in the Parish of Sandhurst, and from the Green near Benenden Church to the Bull Inn at Rolvenden Cross, in the County of Kent;" to which they desire the Concurrence of this House.

Bromley Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act of the Seventh Year of His present Majesty, for repairing, widening, and keeping in Repair, the Road leading from the High Road between Bromley and Farnborough, in the County of Kent, to Beggar's Bush, in the Turnpike Road leading from Tunbridge Wells to Maresfield, in the County of Sussex;" to which they desire the Concurrence of this House.

Northumberland Fishery Bill.

A Message was brought from the House of Commons, by Sir Matthew White Ridley and others:

With a Bill, intituled, "An Act to incorporate certain Persons therein named, and their Successors, by the Name and Style of the Northumberland Fishery Society, and to enable them when incorporated to subscribe a Capital Joint Stock for more effectually supporting, conducting, and increasing such Fishery;" to which they desire the Concurrence of this House.

Wakefield Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from the Town of Wakefield, to the Town of Abberford, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Lower Swell Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Downs, Commons, and Commonable Lands, in the Manor and Parish of Lower Swell, in the County of Gloucester;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Orphan's Fund, &c. Accounts delivered.

The House being informed, "That Mr. Montague from the Chamberlain's Office attended:"

He was called in, and delivered at the Bar, pursuant to Acts of Parliament,

"An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th of July 1788."

"An Account of Money received and paid by the Chamberlain of the City of London for lighting, watching, cleansing, and repairing Blackfriars Bridge, from the 29th Day of September 1787 exclusive, to the 29th Day of September 1788 inclusive."

"An Account of Money received and paid by the Chamberlain of the City of London, for making a Street or Opening from Moorfields to Chiswell Street, &c. from the 29th Day of September 1787 exclusive, to the 29th Day of September 1788 inclusive."

"An Account of Money received and paid by the Chamberlain of the City of London, in Pursuance of an Act for enabling the Lord Mayor, Aldermen, and Commons of the said City, to purchase the present Tolls and Duties payable for navigating upon the River Thames, &c. from the 29th Day of September 1787 exclusive, to the 29th Day of September 1788 inclusive."

"An Account of Money received and paid by the Chamberlain of the City of London, in pursuance of an Act for making, enlarging, amending, and cleansing the Vaults, Drains, and Sewers within the said City and Liberties thereof, &c. from the 29th Day of September 1787 exclusive, to the 29th Day of September 1788 inclusive."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Buckworth to take the Name of Shakerley, Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Charles Watkin John Buckworth Esquire, and the Heirs Male of his Body, to take and use the Surname and bear the Arms of Shakerley, pursuant to the Will of Peter Shakerley Esquire, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Essex Shire House Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for building a new Shire House for the County of Essex," was committed.

Broughton Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, and Common Downs, Common Pastures, Common Meadows, Common Marshes, and other Commonable Lands and Grounds, within the Parish of Broughton, in the County of Southampton," 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."

Barthomley Church, &c. Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Mary Alsager, Margaret Alsager, and Judith Alsager, to finish and complete a new Church or Chapel, in the Parish of Barthomley, in the County of Chester, and to endow the same; and to establish a Charity School within the said Parish, and vesting the Right of Presentation to the said Church or Chapel in them and the future Lords and Ladies of the Manor of Alsager, within the said County," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment was read by the Clerk as follows; (videlicet)

Pr. 18. L. 27 and 28. Leave out from ("notwithstanding") to ("and") in Press 21. Line 22."

And the said Amendment, being read a Second Time, was agreed to by the House.

Thrussington Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing the Open Common Fields, and several other Lands and Grounds in the Parish of Thrussington, otherwise Thurstanton, otherwise Trussington, in the County of Leicester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment was read by the Clerk as follows; (videlicet)

Pr. 9. L. 26. Leave out from ("in") to ("shall") in Line 28, and insert ("the Proportions following, that is to say, Five Seventh Parts thereof, as the Proportion of the said Lord Viscount Malden, and Two Seventh Parts thereof as the Proportion of the said William Casson as Vicar as aforesaid, and the said Proportions of Five Seventh Parts and Two Seventh Parts")"

And the said Amendment, being read a Second Time, was agreed to by the House.

Secretan's Naturalization Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing Frederick Samuel Secretan, otherwise called Samuel Frederick Secretan," stands committed, be revived, and meet on Monday next.

Pierrepont's Petition referred to Judges.

Upon reading the Petition of Charles Pierrepont (formerly called Charles Medows) of Thoreseby, in the County of Nottingham, 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. 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.

Nantes for a Naturalization Bill:

Upon reading the Petition of Henry Nantes; praying Leave to bring in a Bill for his Naturalization:

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

Bill presented.

Accordingly, the Lord Scarsdale presented to the House a Bill, intituled, "An Act for naturalizing Henry Nantes."

The said Bill was read the First Time.

Grant against E. Morton.

Upon reading the Petition and Appeal of Alexander Grant, Writer in Edinburgh; complaining of an Interlocutor of the Lord Ordinary in Scotland of the 7th of February 1789, and also of an Interlocutor of the Lords of Session there of the 11th of March, 1789; and praying, "That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Earl of Morton may be required to answer the said Appeal:"

It is Ordered, That the said George Earl of Morton may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Friday the 24th Day of April next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Sunderland Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of Two Acts made in the Twentieth Year of the Reign of His late Majesty King George the Second; and the Eighth Year of the Reign of His present Majesty, for repairing the Road from Sunderland, near the Sea, to the City of Durham, in the County of Durham."

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.

Bishop Wearmouth Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for altering, raising, widening, repairing, and preserving the Road leading from the Town of Bishop Wearmouth, near Sunderland, in the County of Durham, to the Town of Norton, near Stockton, in the said County."

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

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

Foley against Burnell and Armstrong, in Error.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein Andrew Foley Esquire is Plaintiff, and John Burnell and James Armstrong are Defendants, which stands appointed for Wednesday next, be put off to Monday the 6th Day of April next; and that the Judges do then attend.

Adjourn.

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

DIE Lunæ, 30^o Martii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ramsay and Gordon against Magistrates of Edinburgh.

After hearing Counsel in Part in the Cause, wherein Major George Ramsay and Charles Gordon Esquire are Appellants, and the Lord Provost, Magistrates, and Council of the City of Edinburgh, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at One o'Clock.

Golford Green Roads Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act of the Ninth Year of His present Majesty, for repairing and widening the Roads from the Turnpike Road at Golford Green, in the Parish of Cranbrooke, to the Turnpike Road in the Parish of Sandhurst, and from the Green near Benenden Church to the Bull Inn at Rolvenden Cross, in the County of Kent."

Bromley Road Bill.

Hodie 1^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, widening, and keeping in Repair, the Road leading from the High Road between Bromley and Farnborough, in the County of Kent, to Beggar's Bush, in the Turnpike Road leading from Tunbridge Wells to Maresfield, in the County of Sussex."

Northumberland Fishery Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to incorporate certain Persons therein named, and their Successors, by the Name and Style of the Northumberland Fishery Society, and to enable them, when incorporated, to subscribe a Capital Joint Stock for more effectually supporting, conducting, and increasing such Fishery."

Wakefield Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Town of Wakefield, to the Town of Abberford, in the West Riding of the County of York."

Honywood et al. Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Filmer Honywood and William Honywood Esquires 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 allowing Timber to be cut upon certain Estates settled by the Will of General Philip Honywood, and for applying the Money to arise therefrom in paying off a Mortgage now due and owing on the same Estates, and laying out the Remainder in Purchases of other Estates to be settled to the same Uses."

Hallett, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of William Hallett, of Farringdon, in the County of Berks, 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 for vesting the Settled Estates of William Hallett Esquire, to exchange or sell the same, and for laying out the Money arising by the Sale, in the Purchase of other Messuages, Lands, and Hereditaments, to be settled to the same Uses."

Buckworth to take the Name of Shakerley, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Charles Watkin John Buckworth Esquire, and the Heirs Male of his Body, to take and use the Surname and bear the Arms of Shakerley, pursuant to the Will of Peter Shakerley Esquire, deceased."

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. Montagu and Mr. Walker:

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

Broughton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields and Common Downs, Common Pastures, Common Meadows, Common Marshes, and other Commonable Lands and Grounds within the Parish of Broughton, in the County of Southampton."

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

It was resolved in the Affirmative.

Essex Shire House Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for building a new Shire House for the County of Essex."

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

It was resolved in the Affirmative.

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

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Barthomley Church, &c. Bill:

Hodie 3^a vice lecta est Bill, intituled, "An Act to enable Mary Alsager, Margaret Alsager, and Judith Alsager, to finish and complete a new Church or Chapel in the Parish of Barthomley, in the County of Chester, and to endow the same; and to establish a Charity School within the said Parish, and vesting the Right of Presentation to the said Church or Chapel in them and the future Lords and Ladies of the Manor of Alsager, within the said County."

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

It was resolved in the Affirmative.

Thrussington Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open Common Fields, and several other Lands and Grounds in the Parish of Thrussington, otherwise Thrustanton, otherwise Trussington, in the County of Leicester."

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

It was resolved in the Affirmative.

Messages to H. C. with Amendments to the Two preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

To return the said Bills, and acquaint them, That the Lords have agreed to the same, with Amendments, to which their Lordships desire their Concurrence.

Sir W. Forbes et al. against Sir J. Macpherson:

Upon reading the Petition and Appeal of Sir William Forbes of Craigyvar, Baronet, George Skene of Skene, Esquire, Lieutenant General Robert Horn Elphinstone, of Logie, and others, real Freeholders of the County of Aberdeen; complaining of an Interlocutor of the Lords of Session in Scotland, of the 10th of March 1789; and praying, "That the same may be reversed, amended, or varied, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that Sir John Macpherson Baronet, may be required to answer the said Appeal:"

It is Ordered, That the said Sir John Macpherson may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 27th Day of April next; and Service of this Order upon the known Counsel or Agent of the said Respondent 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 Sir William Forbes Baronet, and others, on Account of their Appeal depending in this House, they living in Sootland:"

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

Hastings' Trial, Bruce to attend.

Ordered, That Major Robert Bruce do attend on Tuesday the 21st Day of April next, at Ten of the Clock in the Forenoon, to give Evidence at the Trial of Warren Hastings Esquire, in Westminster Hall.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum primum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 31^o Martii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ramsay and Gordon against Magistrates of Edinburgh:

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of Major George Ramsay of Pepermiln, and Charles Gordon Esquire, of Braid; complaining of Two Interlocutors of the Sheriff of Edinburgh, of the 28th of January and 15th of February 1788; and also of an Interlocutor of the Lords of Session in Scotland, of the 20th of November 1788; and praying, "That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of the Lord Provost, Magistrates, and Council of the City of Edinburgh, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed with Variations.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, by Consent of both the Appellants and of the Respondents, that the several Interlocutors complained of in the said Appeal be and the same are hereby affirmed, with the following Variation and Addition; (videlicet) "That the Compensation to which the Appellants respectively are found entitled by the Interlocutor of the Sheriff, bearing Date the 28th of January 1788, instead of being awarded by the Verdict of a Jury to be appointed in Terms of the Act therein alluded to, shall be settled and ascertained between the Parties respectively, by the Award and Arbitrament of Robert Blair Esquire, Advocate of Edinburgh, whose Award shall be final between the Parties respectively, and infer an Obligation on the Respondents to pay such Compensation; and shall also infer a Discharge on the Part of the Appellants respectively, of all their Claims and Demands whatsoever, for any Damages or Diminution in Value which their respective Interests might suffer by Reason of the Premises."

Wakefield Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Town of Wakefield, to the Town of Abberford, in the West Riding of the County of York."

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Aprilis, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.