February 1789 1-10
DIE Lunæ, 2o Februarii 1789.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Duresm.
Epus. Sarum.
Epus. Exon.
Epus. Bangor.
Epus. Meneven.
Epus. Lincoln. |
March. Stafford,
C. P. S.
Comes Aberdeen.
Comes Oxford &
Mortimer.
Comes Pomfret.
Comes Radnor.
Comes Bathurst. |
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Howard de Walden.
Ds. Chedworth.
Ds. Amherst.
Ds. Dover. |
PRAYERS.
The Earl Bathurst sat Speaker by virtue of a former
Commission.
Message to H. C. for a further conference.
A Message was sent to the House of Commons, by Mr.
Graves and Mr. Eames:
To desire a present Conference with that House in
the Painted Chamber, upon the Subject Matter of the
last Conference.
Managers appointed:
The Lords following were named Managers of the
Conference:
|
L. Privy Seal.
E. Oxford &
Mortimer.
E. Pomfret. |
L. Bp. Salisbury.
L. Bp. Exeter.
L. Bp. St. David's. |
L. Sydney.
L. Howard de
Walden.
L. Amherst.
L. Dover. |
Conference agreed to:
The Messengers sent to the House of Commons to
desire a Conference this Day with that House, acquainted
the House, "That the Commons do agree to a Conference with their Lordships, as desired."
The House being informed, "That the Managers for
the Commons were ready for the Conference in the
Painted Chamber:"
The Names of the Managers for the Lords were called
over;
And the House was adjourned during Pleasure, and
the Lords went to the Conference.
Which being ended, the House was resumed:
Conference reported.
And the Lord Privy Seal reported, "That the Managers for the Lords had met the Managers for the
Commons at the Conference, which on their Part
was managed by the Marquis of Graham, and communicated to them the Resolution of this House, and
desired their Concurrence thereto."
Adjourn.
Comes Bathurst declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem
instantis Februarii, horâ undecimâ Auroræ, Dominis sic
decernentibus.
DIE Martis, 3o Februarii 1789,
Annoque Regni Serenissimi Domini Nostri Georgii
Tertii, Dei Gratiâ, Magnæ Britanniæ, Franciæ, et
Hiberniæ, Regis, Fidei Defensoris, &c. Vicesimo
Nono; in quem diem hæc Sexta Sessio Parliamenti
per separalia Adjournamenta et Prorogationes continuata fuerat, in Superiori Domo Parliamenti
Magnæ Britanniæ apud Westmonaster. convenere
Domini tam Spirituales quam Temporales, quorum
Nomina subscribuntur, et præsentes fuerunt:
|
Archiep. Cantuar.
Archiep. Ebor.
Epus. Exon.
Epus. Meneven. |
March. Stafford,
C. P. S.
Dux Chandos, Senefcallus.
Comes Salisbury, Camerarius.
Comes Denbigh.
Comes Westmorland.
Comes Doncaster.
Comes Morton.
Comes Moray.
Comes Selkirk.
Comes Hopetoun.
Comes Oxford &
Mortimer.
Comes Pomfret.
Comes Bathurst.
Comes Grosvenor.
Viscount Mount Edgcumbe & Valletort. |
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Sandys.
Ds. Amherst.
Ds. Brownlow.
Ds. Rodney.
Ds. Hawkesbury. |
PRAYERS.
The Earl Bathurst sat Speaker by virtue of a former
Commission.
Message from H. C. for a further Conference:
A Message was brought from the House of Commons,
by Mr. Ryder and others:
To desire a Conference with this House, upon the
subject Matter of the last Conference.
To which the House agreed.
Conference agreed to:
And the Messengers were called in again, and told,
"That the Lords do agree to a Conference, as desired,
and appoint it presently in the Painted Chamber."
Managers appointed:
The Lords following were named Managers of the
Conference:
|
Ld. Privy Seal.
Ld. Chamberlain.
E. Denbigh.
E. Morton.
E. Oxford &
Mortimer.
E. Pomfret.
E. Grosvenor. |
L. Bp. St. David's. |
L. Osborne.
L. Sydney.
L. Willoughby Br.
L. Amherst. |
The House being informed, "That the Managers for
the Commons were ready for the Conference in the
Painted Chamber:"
The Names of the Managers for this House were called
over:
And the House was adjourned during Pleasure, and
the Lords went to the Conference.
Which being ended, the House was resumed:
Conference reported.
And the Lord Privy Seal reported, "That they had
met the Managers for the Commons at the Conference, which on their Part was managed by Mr.
Ryder; who acquainted the Managers for the Lords,
That the Commons had taken into their Consideration the Resolution which was communicated to them
by the Lords at the Conference Yesterday, and had
agreed to the said Resolution."
Parliament opened by Commission:
The Lord Speaker acquainted the House, "That forasmuch as for certain Causes His Majesty cannot conveniently be present, a Commission has been issued
under the Great Seal, in order to the opening and
holding of this Parliament."
The House was adjourned during Pleasure to robe.
The House was resumed.
Then Six of the Lords Commissioners being seated on
a Form placed between the Throne and the Woolsack,
the Lord Speaker in the Middle, with the Lord Archbishop of Canterbury, the Lord Chamberlain, and the Lord
Sydney on his Right Hand, and the Lord Privy Seal and
the Lord Osborne on his Left, commanded the Gentleman
Usher of the Black Rod, to let the Commons know,
"The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."
Who being come, with their Speaker;
The Lord Speaker said,
"My Lords, and Gentlemen,
"Forasmuch as His Majesty for certain Causes cannot conveniently be present here this Day in His Royal
Person, in order to the opening and holding this Parliament, a Commission has issued under His Great
Seal, constituting several Lords therein named His
Commissioners, to do all Things in His Majesty's
Name on His Part necessary to be performed in this
Parliament; which Commission you will now hear
read."
Then the said Commission was read by the Clerk as
follows; (videlicet)
"George the Third, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, and so forth: To all to whom these
Presents shall come Greeting. Whereas We have
lately for divers difficult and pressing Affairs concerning Us, and the State and Defence of Our Kingdom
of Great Britain, and the Church, ordained this Our
present Parliament to begin and to be held at Our
City of Westminster, on the Eighteenth Day of May
in the Twenty-fourth Year of Our Reign, on which
Day Our said Parliament was begun and held; and
from thence by several Adjournments and Prorogations, was adjourned and prorogued to and until
Thursday the Twentieth Day of November last, then
to he held and sit at Our City of Westminster aforesaid.
And forasmuch as for certain Causes, We cannot conveniently be present in Our Royal Person in Our said
Parliament: Know ye, that We, trusting in the Discretion, Fidelity, and Care of 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, 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;
by the Advice of the Lords Spiritual and Temporal,
and Commons, assembled according to the Prorogation aforesaid, do give and grant by the Tenor of
these Presents, unto 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,
One of Our Principal Secretaries of State; Thomas
Lord Sydney, One other of Our Principal Secretaries
of State; 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, shall be
there to be done: Commanding also, by the Tenor of
these Presents, with the Advice aforesaid, as well all and
singular the Archbishops, Dukes, Marquisses, Earls,
Viscounts, Bishops, Barons, Knights, Citizens, Burgesses, and Commissioners for Our Counties and
Boroughs, as all others whom it concerns, to meet
in Our said Parliament, that to the same 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, One of Our Principal Secretaries of State;
Thomas Lord Sydney, One other of Our Principal Secretaries of State; Lloyd Lord Kenyon, Our Chief Justice
assigned to hold Pleas before Us; and any Three of
them, they diligently intend in the Premises in the Form
aforesaid. In Witness whereof We have caused these
Our Letters to be made Patent.
"Witness Ourself, at Westminster, this Third Day
of February, in the Twenty-ninth Year of Our
Reign.
"By the King Himself, with the Advice of
the Lords Spiritual and Temporal, and
Commons, assembled according to the Prorogation aforesaid.
"Yorke."
Then the Lord Speaker said,
"My Lords, and Gentlemen,
Lords Commissioners Speech.
"In pursuance of the Authority given us by His Majesty's Commission under the Great Seal, which has
now been read, amongst other Things, to declare the
Causes of your present Meeting, we have only to call
your Attention to the melancholy Circumstance of His
Majesty's Illness, in consequence of which it becomes
necessary to provide for the Care of His Majesty's
Royal Person, and for the Administration of the
Royal Authority during the Continuance of this Calamity, in such Manner as the Exigency of the Case
appears to require."
Then the Commons withdrew.
And the House was adjourned during Pleasure to
unrobe.
The House was resumed.
Bill proformâ read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
the better regulating Select Vestries."
Lords Commissioners Speech reported.
The Lord Speaker reported the Speech of the Lords
Commissioners.
And the same was read by the Clerk.
Committee of Privileges.
Lords Committees appointed to consider of the Orders
and Customs of this House and Privileges of Parliament,
and of the Peers of Great Britain and Lords of Parliament:
|
Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
E. Denbigh.
E. Westmorland.
E. Doncaster.
E. Morton.
E. Moray.
E. Selkirk.
E. Hopetoun.
E. Oxford &
Mortimer.
E. Pomfret.
E. Bathurst.
E. Grosvenor.
V. Mount Edgcumbe & Valletort. |
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Exeter.
L. Bp. St. David's. |
L. Osborne.
L. Sydney.
L. Willoughby Br.
L. Sandys.
L. Amherst.
L. Brownlow.
L. Rodney.
L. Hawkesbury. |
Their Lordships, or any Seven of them, to meet on
Monday next, at Ten o'Clock, in the House of
Peers, and every Monday after; and to adjourn
as they please.
Committee for the Journals.
Lords Sub-Committees appointed to consider of the
Orders and Customs of this House, and of the Privileges
of the Peers of Great Britain, and Lords of Parliament;
and to peruse and perfect the Journals of this and former
Sessions of Parliament:
|
Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
E. Denbigh.
E. Westmorland.
E. Doncaster.
E. Morton.
E. Moray.
E. Selkirk.
E. Hopetoun.
E. Oxford &
Mortimer.
E. Pomfret.
E. Bathurst.
E. Grosvenor.
V. Mount Edgcumbe & Valletort. |
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Exeter.
L. Bp. St. David's. |
L. Osborne.
L. Sydney.
L. Willoughby Br.
L. Sandys.
L. Amherst.
L. Brownlow.
L. Rodney.
L. Hawkesbury. |
Their Lordships, or any Three of them, to meet
when, where, and as often as they please.
Stoppages in the Streets, Order to prevent.
The House taking Notice, "That there is such an
Interruption by Hackney Coaches, Carts, and Drays,
in the Streets and Passages leading to this House, that
the Lords and others are frequently hindered from
coming thereto:"
It is thereupon Ordered, by the Lords Spiritual
and Temporal, in Parliament assembled, That the High
Steward of the City of Westminster, or his Deputy,
together with the Justices of the Peace of the said City,
shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take
special Order, that no empty Hackney Coaches be suffered to make any Stay between Whitehall and the End
of Abingdon Street in Westminster, from Twelve of the
Clock at Noon until Five of the Clock in the Afternoon
of the same Day, during the Sitting of this Parliament;
and that no Carriages, Drays, or Carts, be permitted to
stop in the Streets and Passages between the End of
Market Lane in Pall Mall, and the End of Abingdon
Street, between the Hours aforesaid; or to pass through
the Old Palace Yard from One of the Clock in the Afternoon, until One Hour after the Rising of this House,
during the Sitting of this Parliament; and that all Carriages, Drays, or Carts, hereby permitted to pass through
the said Streets and Passages, be obliged to go one after
another, in the Manner following; (that is to say) All
Carriages, Drays, or Carts, going towards Westminster,
to keep on the Side of the Street or Passage next to Saint
James's Park; and all those going the contrary Way,
to keep on the other Side of the Street; and upon no
Account whatsoever to presume to go Two or more
a-breast, during the Sitting of this Parliament; and
herein special Care is to be taken by the said Deputy
Steward, Justices of the Peace, Constables, and all other
Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That
the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or
some of them residing in Westminster, be served with the
Order of this House, made this Day, for the Purposes
aforesaid.
Comes Bathurst declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem
instantis Februarii, horâ undecimâ Auroræ, Dominis sic
decernentibus.
DIE Lunæ, 9o Februarii 1789.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Ebor.
Epus. Bangor.
Epus. Norvicen.
Epus. Meneven. |
Ds. Thurlow, Cancellarius.
March. Stafford,
C. P. S.
Comes Sandwich.
Comes Doncaster.
Comes Galloway.
Comes Oxford &
Mortimer.
Comes Pomfret.
Comes Effingham.
Comes Spencer.
Viscount Stormont.
Viscount Falmouth. |
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. King.
Ds. Chedworth.
Ds. Amherst.
Ds. Walsingham.
Ds. Hawkesbury.
Ds. Dover. |
PRAYERS.
Deschamp's & al. Petition referred to Judges.
Upon reading the Petition of John Deschamps of
Bucklersbury in the City of London, Esquire, and James
Dunch of Shepherd Street, in the County of Middlesex,
Upholder, (the surviving Executors of the last Will and
Testament of Giles Hudson, late of London, Merchant,
deceased;) and also of Wentworth Ogle, of the City of
London, Surgeon, a Bond Creditor of the said Giles
Hudson, on Behalf of himself and the other Specialty Creditors of the said Giles Hudson; 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.
National Debt, Accounts respecting, delivered.
The House being informed, "That Mr. Newland,
from the Bank of England, attended:"
He was called in, and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
"An Account from the Bank of England of the Receipt and Expenditure of £1,120,579. 17s. in One
Year, from February 2d, 1788, to January 31st, 1789,
by the Commissioners for the Reduction of the National Debt, and of the Receipt of £282,850. to be
applied in the Quarter between the 1st February and
1st May 1789."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the
Table.
The House being informed, "That Mr. Farhill, Secretary to the Commissioners appointed for the Reduction of the National Debt, attended:"
He was called in, and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
"The Account of the Commissioners appointed by
Act of Parliament for Reduction of the National
Debt."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the
Table.
Foley against Burnell and Armstrong, in Error.
The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Andrew Foley
Esquire is Plaintiff, and John Burnell and James Armstrong are Defendants:"
It is Ordered, That this House will hear the said
Errors argued by Counsel at the Bar, on the first vacant
Day for Causes, after those already appointed.
Magistrates of Edinburgh against Short's Representatives:
Upon reading the Petition and Appeal of the Lord
Provost, Magistrates, and Council of the City of Edinburgh, for themselves, and in Behalf of the Community
of the said City; complaining of Five Interlocutors of
the Lords of Session in Scotland of the 28th of June,
the 8th and 10th of August, and 23d of November 1787,
and 1st of February 1788; and praying, "That the
same may be reversed, varied, or altered, or that the
Appellants may have such other Relief in the Premises,
as to this House, in their Lordships great Wisdom,
shall seem meet; and that the Representatives of
Thomas Short, Optician, Edinburgh, now deceased,
may be required to answer the said Appeal:"
It is Ordered, That the said Representatives of
Thomas Short deceased, may have a Copy of the said
Appeal, and do put in their Answer or respective
Answers thereunto, in Writing, on or before Monday
the 9th Day of March next; and Service of this Order
upon the said Respondents, or upon any of their known
Agents or Procurators in the Court of Session in Scotland,
shall be deemed good Service.
Seton to enter into Recognizance on said Appeal.
The House being moved, "That John Seton of Golden
Square Gentleman, may be permitted to enter into a
Recognizance for the Lord Provost, Magistrates, and
Council of the City of Edinburgh, on account of their
Appeal depending in this House:"
It is Ordered, That the said John Seton may enter
into a Recognizance for the said Appellants, as desired.
Bruce & al. against Stewart et al.:
Upon reading the Petition and Appeal of Patrick
Crawfurd Bruce Esquire, and Philip Samuel Maister
Esquire, both of Bombay, Executors of Charles Stewart,
late of Bombay, deceased, and Alexander Duncan, Writer
to the Signet, their Attorney; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 9th
of February 1788, and of an Interlocutor of the Lords
of Session there of the 5th of August 1788; and praying,
"That the same may be reversed, varied, or altered, 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 James Stewart,
Sheriff Substitute of Kinross, George Graham of Kinross, Alexander Park of Lochore, Colonel Robert
Stewart, and Thomas Erskine, Trustees for the said
James Stewart, may be required to answer the said
Appeal:"
It is Ordered, That the said James Stewart, George
Graham, Alexander Park, Colonel Robert Stewart, and
Thomas Erskine, may have a Copy of the said Appeal,
and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 9th 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, may be permitted
to enter into a Recognizance for Patrick Crawfurd
Bruce Esquire, and others, on account of their Appeal
depending in this House, they living Abroad:"
It is Ordered, That the said James Chalmer may
enter into a Recognizance for the said Appellants, as
desired.
Menzies against Menzies and another:
Upon reading the Petition and Appeal of John Menzies of Culdairs, Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 24th of
June and 6th of December 1785; and praying, "That the
same may be reversed, varied, or amended, or that the
Appellant may have such other Relief in the Premises,
as to this House, in their Lordships great Wisdom,
shall seem proper; and that Elizabeth Mackenzie Menzies, the only Child of Archibald Menzies of Culdairs,
deceased, and her Factor Loco Tutoris, may be required to answer the said Appeal:"
It is Ordered, That the said Elizabeth Mackenzie
Menzies, and her said Factor, may have a Copy of the
said Appeal, and do put in their Answer or respective
Answers thereunto, in Writing, on or before Monday the
9th Day of March next; and Service of this Order upon
the said Respondents, or upon any of their Counsel or
Agents 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 John
Menzies of Culdairs, Esquire, on account of his Appeal depending in this House, he living in Scotland:"
It is Ordered, That the said James Chalmer may
enter into a Recognizance for the said Appellant, as
desired.
Stewart and Hepburn against Bells:
Upon reading the Petition and Appeal of George
Stewart the Younger, of Grandtully, Esquire, and Henry
Hepburn, Tenant of the Slate Quarries in the Hill of
Obney, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 4th of August 1786, and of Three
Interlocutors of the Lords of Session there, of the 9th of
March 1786, and 22d of July and 22d of November
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 John Bell, Slater in Muirlend, and James Bell,
Slater in Scone, may be required to answer the said
Appeal:"
It is Ordered, That the said John Bell and James
Bell may have a Copy of the said Appeal, and do put in
their Answer or respective Answers thereunto, in Writing,
on or before Monday the 9th Day of March next; and
Service of this Order upon the said Respondents, or
upon any of their Counsel or Agents 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 George
Stewart Esquire, and Henry Hepburn, 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.
Bruces against Bruce.
The House being informed, "That James Bruce of
Kinnaird, Esquire, Respondent to the Appeal of
Elizabeth Bruce and Margaret Bruce, Daughters of
the deceased David Bruce of Kinnaird, Esquire, had
not put in his Answer to the said Appeal, though duly
served with the Order of this House for that Purpose:"
And thereupon an Affidavit of James Young, Writer
in Edinburgh, of the due Service of the said Order, being
read:
Ordered, That the said Respondent do put in his
Answer to the said Appeal peremptorily in a Week.
Crichton against Mackay.
The House being informed, "That Mary Mackay,
Respondent to the Appeal of Alexander Crichton, had
not put in her Answer to the said Appeal, though
duly served with the Order of this House for that
Purpose:"
And thereupon an Affidavit of John Mac Farquhar,
Writer in Edinburgh, of the due Service of the said
Order being read:
Ordered, That the said Respondent do put in her
Answer to the said Appeal peremptorily in a Week.
Lee against Wilkinson:
Upon reading the Petition of John Lee, Plaintiff in a
Writ of Error depending in this House, wherein William
Wilkinson and Thomas Wilkinson are Defendants; setting
forth, "That the Petitioner brought a Writ of Error
returnable before their Lordships, which was brought
up into this House on the 26th Day of June last, together with the Record thereof, whereupon the Petitioner assigned certain Matter for Error; that the Petitioner is since advised to withdraw his said Assignment
of Errors, and doth not intend further to prosecute
his said Writ;" and therefore praying their Lordships,
That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ of Error may
be Non-pros'd with such Costs, as their Lordships shall
please to direct, the Agent for the said Defendants
having signed the said Petition as consenting thereto:"
Writ of Error Non-pros'd with Costs.
It is Ordered, That the Petitioner be at Liberty to
withdraw his said Assignment of Errors, as desired; and
that the Defendant in Error do forthwith enter a Nonpros. on the said Writ of Error, and that the Record be
remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court,
as if no such Writ of Error had been brought into this
House; and further, that the Plaintiff in Error do pay,
or cause to be paid, to the Defendants in Error, the Sum
of Forty Pounds for their Costs, by reason of the Delay
of the Execution of the said Judgement.
Hastings' Petition touching his Trial:
Upon reading the Petition of Warren Hastings Esquire,
late Governor General of Fort William in Bengal; setting forth, "That the Petitioner was permitted by
the Honourable House of Commons, to appear before their Bar on the 24th of April 1786, to answer
to certain Charges which had been preferred against
him in that Honourable House; that the Petitioner
on the 14th of May 1787 was impeached by the
Honourable House of Commons of Great Britain at
the Bar of their Lordships House of High Crimes and
Misdemeanors; that their Lordships were pleased to
grant the Petitioner a Copy of the Articles of Impeachment with Leave to answer the same; that on the 25th
of November 1787, in the following Session of Parliament, the Petitioner, according to their Lordships
Order, did deliver in his Answer to the said Articles,
and the 13th of February 1788 was appointed for the
Commencement of his Trial, and it was accordingly
commenced and continued by various Adjournments
to the 15th of June of the same Year; that the Petitioner conceived an abundant Consolation when he
saw himself brought before a Court, which was held
in universal Estimation, the most just as it was the
most respectable, from the high Titles and Dignities and
the noble Characters of the Members composing it;
and impressed at this Time in an equal Degree with
the same Sentiments, and assuring himself, that their
Lordships will favourably receive any Representation
which he may conceive himself under the Necessity of
making to their Lordships of the Hardships which he
has sustained, and may yet have cause to apprehend
from the peculiar Circumstances of the present Trial;
he humbly presumes in this Stage of it, to state the
same to their Lordships, and to pray for such Redress
and Relief in the future Process of it, as their Lordships Wisdom may be able to devise and their Justice
prescribe; and the Petitioner humbly begs Leave to
observe, that One Year has elapsed since the Commencement of his Trial, and in that Interval Seven
Noble Lords, his Judges, have yielded to the Course
of Nature; some of the Persons whose Evidence was
required for his Defence have returned to their Duty
in India, and many of those who remain, are detained,
to the Injury of their Fortunes and Prospects, and to
some Loss of the Service to which they belong; that
the Petitioner possesses no Means of indemnifying
them for their Detention, nor does he presume to
estimate his own Rights at so high a Price as to exact
from any Man, that he should devote the prime Season of his Life to Inaction; that of such of the Witnesses whose Conveniencies may permit it, or whose
Inclination may prompt them to remain, many must, by
Death or the variable Accidents of Life, be taken from
him before the Time of his Defence; that his Health,
which a long Residence in an ungenial Climate had
impaired, has been precluded from receiving the only
Remedy which a foreign Air could afford for its
Restoration, and the only Palliative which a State of
Ease could afford it at Home, his Fortune wasted in the
Expences unavoidably incident to so heavy a Prosecu
tion, and his Person thrust out from its Place in common Society, with other Sufferings, which, though
most sensibly felt by him, may not be specified in an
Address to their Lordships: And the Petitioner begs
Leave humbly to observe to their Lordships, that although the Prosecution has yet been closed upon Two
Articles only of his Impeachment, Twenty Articles
were preferred against him by the Honourable House
of Commons; that these comprized in Effect all the
material Transactions, Civil, Political, Military, Revenue, and Financial of a Government of Thirteen
Years; that a considerable Portion of this Time was a
Period of great Difficulty, Danger, and Embarassment to every Dependency of the British Empire, and
more particularly to the extensive Territories which
were under the actual Government of the Petitioner,
or which depended upon its Exertions for Subsistence
and Relief; that the Petitioner was therefore under the
Necessity, through his Counsel and Solicitors, of collecting and collating from the voluminous Records of the
East India Company the whole History of his public
Life, in order to form a complete Defence to every Allegation which the Honourable House of Commons had
preferred against him, for the Petitioner had not, when
their Lordships were pleased to grant him a Copy of
the Articles, neither has he now, any Means of knowing whether any or what Articles, if any, were meant
to be abandoned by the Honourable House of Commons; that it was not possible for the Petitioner to be
prepared with the necessary Materials for such a Defence without incurring a very heavy and intolerable
Expence, the Sums which have been actually paid,
and for which the Petitioner stands indebted, amounting, according to the most accurate Estimate which
he could procure from the best Authority, to upwards
of Thirty thousand Pounds; that this is a Subject of
great and serious Alarm to the Petitioner, who, in the
indefinite Prospect before him, sees himself in Danger
of wanting the Means of Defence and even of Subsistence, should his Life, which is not probable, be continued to the Close of a Trial in which so small a
Progress has yet been made, unless their Lordships
Wisdom shall enable them to afford the Petitioner that
Relief which he humbly solicits and confidently hopes
to receive; that the Petitioner with all Sincerity of
Heart craves Leave to assure their Lordships, that he
does not presume to state his Sense of the Hardships
to which he has been and is subjected by the past
Events of the Trial, as Matters of Complaint, being
fully persuaded that they were unavoidably incident
to the peculiar Nature of such a Trial, and to the peculiar Character and Circumstances of the Charge
which was the Subject of it; that he has stated them
with no other Motive or View than to obtain from their
Lordships a Deliverance from the dreadful Chance of
his Character being transmitted on the Records of
their Lordships high and august Court blasted with unrefuted Criminations, and an Acceleration of the
Time in which he may be enabled to make his Innocence, his Integrity, and (may he be permitted in all
Humility to add) his Deserts apparent to their Lordships;" and therefore praying, "That their Lordships will be pleased to order that the Trial may proceed according to their Lordships Order upon the last
Adjournment, and that it may be continued to its
Close (if it be possible) without Interruption:"
It is Ordered, That the said Petition do lie on the
Table.
Then it was moved, "That the Order made on the
13th of June last, for the House to proceed further
in the Trial of Warren Hastings Esquire, on the first
Tuesday in the next Session of Parliament, might be
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 Monday
Morning next, at Ten o'Clock, in Westminster Hall.
Message to H. C. that this House will proceed in the Trial.
A Message was sent to the House of Commons, by
Mr. Montagu and Mr. Leeds, to acquaint them therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
undecimum diem instantis Februarii, horâ undecimâ
Auroræ, Dominis sic decernentibus.