House of Lords Journal Volume 38
May 1789 21-30

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History of Parliament Trust

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1767-1830

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429-442

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'House of Lords Journal Volume 38: May 1789 21-30', Journal of the House of Lords volume 38: 1787-1790 (1767-1830), pp. 429-442. URL: http://www.british-history.ac.uk/report.aspx?compid=116859 Date accessed: 17 April 2014. Add to my bookshelf


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May 1789 21-30

DIE Jovis, 21o Maii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Sarum.
Epus. Roffen.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Norvicen.
Epus. Oxon.
Epus. Meneven.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Camden, Præses.
Dux Norfolk, Marescallus.
Dux Leeds.
Dux Bridgewater.
March. Townshend.
Comes Suffolk & Berkshire.
Comes Exeter.
Comes Westmorland.
Comes Chesterfield.
Comes Sandwich.
Comes Carlisle.
Comes Rochford.
Comes Coventry.
Comes Morton.
Comes Galloway.
Comes Hopetoun.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Stanhope.
Comes Macclesfield.
Comes Pomfret.
Comes Radnor.
Comes Talbot.
Viscount Stormont.
Viscount Falmouth.
Viscount Mount Edgcumbe & Valletort.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Dacre.
Ds. St. John Blet.
Ds. Cathcart.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Walpole.
Ds. Scarsdale.
Ds. Lovel & Holland.
Ds. Digby.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Rawdon.
Ds. Lovaine.
Ds. Bulkeley.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Kenyon.
Ds. Dover.

PRAYERS.

Normanby Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Lands in the Parish of Normanby next Spittal, in the County of Lincoln."

Coniston Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, and Waste Grounds in the Township of Coniston, in the Parish of Swine, in Holderness, in the East Riding of the County of York."

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

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Northey's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Settled Estates of William Northey Esquire, in the County of Wilts, in Trustees to be sold, and for laying out the Purchase Money in other Estates to be settled to the same Uses."

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

It was resolved in the Affirmative.

Crispin or Foster's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for effectuating the Sale of certain Estates late of John Foster, deceased."

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

It was resolved in the Affirmative.

Sir J. Ingilby's Estate Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Sir John Ingleby Baronet, to charge his Settled Estates in the County of York, in the Manner therein mentioned."

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

It was resolved in the Affirmative.

Messages to H. C. with the Three preceding Bills.

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

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

Hastings' Trial, Message from H. C. for Summons for Witnesses:

A Message was brought from the House of Commons, by Mr. Wilbraham and others, as follows; (videlicet)

"My Lords,

"I am directed by the Commons to bring to your Lordships a List of the Names of several Witnesses to be examined to make out the Impeachment against Warren Hastings Esquire; and to desire of your Lordships, that you will be pleased to make out Summonses for their Attendance at the said Trial."

The said List is as follows:

"Samuel Wilkes Esquire."

"John Smith Esquire."

Answer to Message.

A Message was sent to the House of Commons, by the former Messengers:

To acquaint them, That the Lords will give Order for summoning the Witnesses to be produced at the Trial of Warren Hastings Esquire, as directed.

Tarporley Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Twenty-second Year of the Reign of His present Majesty, for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge near Weaverham, in the same County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lloyd's Bill.

The Lord Scarsdale reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Reverend William Lloyd to complete his Contract with Jacob Bosanquet Esquire, for the Sale of Part of his Settled Estates; and vesting the remaining Part of the same Estates in Trustees for Sale," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Berwick Saint James, &c. Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and allotting the Open and Common Fields, and other Commonable Lands and Grounds in the Parishes of Berwick Saint James and Fisherton Anger, in the County of Wilts," was committed.

Walpole Enclosure Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for embanking the Common Salt Marsh within the Township of Walpole in the County of Norfolk; and for dividing and enclosing the same, and several other Commons within the said Township," was committed.

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 with the Resolution of the House; That the Consultation of the 13th of March 1775, cannot now be read."

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

Then a Consultation of the 20th of March 1775, was read; after which the Managers for the Commons proposed to read the Consultation of the 13th of March 1775.

The same was objected to by the Counsel for the Defendant:

The Managers being heard in Answer to the Objection, and the Counsel in Reply:

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

The House was resumed.

Question put to Judges:

Proposed, "That the following Question be put to the Judges; (videlicet)

"Whether the Instructions from the Court of Directors of the United Company of Merchants of England trading to the East Indies, to Warren Hastings Esquire, Governor General; Lieutenant General John Clavering, the Honourable George Monson, Richard Barwell Esquire, and Philip Francis Esquire, Counsellors, constituted and appointed the Governor General and Council of the said United Company's Presidency of Fort William in Bengal, by an Act of Parliament passed in the last Session, intituled, "An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe," of the 29th of March 1774, Paragraph 31, 32, and 35; the Consultation of the 11th of March 1775, the Consultation of the 13th of March 1775, up to the Time that Mr. Hastings left the Council; the Consultation of the 20th of March 1775; the Letter written by Mr. Hastings to the Court of Directors on the 25th of March 1775, it being alledged that Mr. Hastings took no Steps to explain or defend his Conduct, are sufficient to introduce the Examination of Nundcomar, or the Proceedings of the Rest of the Counsellors on the said 13th March, after Mr. Hastings left the Council, such Examination and Proceedings charging Mr. Hastings with corruptly receiving Three Lacks, 54,105 Rupees?"

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 the Judges do attend to deliver their Opinions upon the said Question on Wednesday next.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Wednesday 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 the former Messengers, to acquaint them therewith.

Adjourn.

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

DIE Veneris, 22o Maii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Asaphen.
Epus. Roffen.
Epus. Bangor.
Epus. Norvicen.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Richmond.
Dux Leeds.
Dux Ancaster & Kesteven.
Dux Bridgewater.
March. Townshend.
Comes Salisbury, Camerarius.
Comes Suffolk & Berkshire.
Comes Westmorland.
Comes Chesterfield.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Morton.
Comes Galloway.
Comes Hopetoun.
Comes Oxford & Mortimer.
Comes Stanhope.
Comes Macclesfield.
Comes Pomfret.
Comes Harrington.
Comes Fitzwilliam.
Comes Chatham.
Comes Bathurst.
Comes Strange.
Viscount Stormont.
Viscount Falmouth.
Viscount Wentworth.
Viscount Mount Edgcumbe & Valletort.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Clifford.
Ds. Willoughby Br.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Middleton.
Ds. Sandys.
Ds. Walpole.
Ds. Scarsdale.
Ds. Boston.
Ds. Lovel & Holland.
Ds. Hawke.
Ds. Amherst.
Ds. Rivers.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Bulkeley.
Ds. Grey de Wilton.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Kenyon.
Ds. Dover.

PRAYERS.

Mitchell and Robertson against Officers of State in Scotland et al:

After hearing Counsel as well on Wednesday the 13th and Monday the 18th Days of this Instant May, as this Day, upon the Petition and Appeal of the Reverend Mr. William Mitchell, Minister of the Gospel in the United Parishes of Tingwall, Whiteness, and Wiedale, in the Presbytery of Zetland, and of William Robertson, Advocate Procurator for the Church of Scotland; complaining of Two Interlocutors of the Commissioners for Plantation of Kirks and Valuation of Tiends in Scotland, of the 21st of February, and 4th of July 1787; 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 Heirs of Sir John Mitchell of Westshore Baronet, and others, Heritors of the United Parishes of Tingwall, Whiteness, and Wiesdale, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause; and having considered the Terms of the Decree of Modification and Augmentation, which, as the Libel alledges, was obtained by the Minister of the said United Parishes in the Year 1722; and that the Minister was in consequence thereof allowed to possess the ipsa Corpora of the Tiends till lately, when the Heritors proceeded to obtain a Decree of Locality:

Interlocutors teversed and Cause remitted.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors complained of in the said Appeal be and the same are hereby reversed; and it is further Ordered, that the Cause be remitted back to the Lords of Session in Scotland, as Commissioners for Plantation of Kirks and Valuation of Tiends, in order that Parties may be further heard upon the Effect of the above Circumstances, and upon the State of the Tiends in these United Parishes, without Prejudice to any other Plea or Argument which either of them may adduce, and that the said Lords Commissioners may then give their Determination accordingly.

Moland's Bill.

A Message was brought from the House of Commons, by Sir George Shuckburgh and others:

To return the Bill, intituled, "An Act to enable Richard Moland Esquire, natural Guardian of his Infant Daughters Elizabeth Moland, Anna Maria Moland, Lætitia Martha Moland, and Margaret Lucy Moland, and in case of his Death, the future Guardian or Guardians of his said Daughters during their Minorities, to grant building Leases of one undivided Moiety of certain Lands in the Parishes of Birmingham, and Aston near Birmingham, in the County of Warwick, and to lay out convenient Streets, Ways, and Passages, to the Buildings to be erected thereon;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Llanfyllin Market House Bill.

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

With a Bill, intituled, "An Act for re-building the Market House of the Town of Llanfyllin, in the County of Montgomery, and for other Purposes therein mentioned, and defraying the Expence thereof by Sale of certain Waste Lands in the Township of Globwlch and Bachau, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Fitzherbert's Bill.

A Message was brought from the House of Commons, by Sir Edward Littleton and others:

To return the Bill, intituled, "An Act for vesting certain Parts of the settled Estates of Bazil Fitzherbert Esquire, in Trustees to be sold, and for applying the Money arising from the Sale thereof, in discharge of the Incumbrances affecting the same, and for laying out the Residue in the Purchase of other Lands, to be settled to the Uses of the Parts of the settled Estates remaining unsold;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Ram or Slaney's Bill.

A Message was brought from the House of Commons, by Sir Edward Littleton and others:

To return the Bill, intituled, "An Act for vesting divers undivided Parts of certain Estates in Staffordshire, the settled Property of the Reverend Jonas Slaney and Mary his Wife, in Trustees to be sold, and for laying out the Purchase Money in entire Estates, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Highworth Workhouse Bill.

A Message was brought from the House of Commons, by Sir James Tylney Long and others:

With a Bill, intituled, "An Act for providing a Workhouse for the Use of the Parish of Highworth, in the County of Wilts; and for appointing an additional Overseer for the better Government of the Poor of the said Parish;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Robbins and Parkers' Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Tenants for Life, and other Persons in Possession, or entitled to the Rents of the Estates comprised in certain Indentures of Settlement, one made pursuant to Articles entered into upon the Marriage of Benjamin Parker of Birmingham, in the County of Warwick, Gentleman, with Ann his Wife, and the others made pursuant to Articles entered into upon the Marriage of John Robbins of Birmingham aforesaid, Gentleman, with Mary his Wife, to grant Leases, and for other Purposes."

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

It was resolved in the Affirmative.

Lloyd's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Reverend William Lloyd to compleat his Contract with Jacob Bosanquet Esquire, for Sale of Part of his settled Estates, and vesting the remaining Part of the same Estates in Trustees for Sale."

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

It was resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

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

Berwick Saint James, &c. Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and allotting the Open and Common Fields, and other Commonable Lands and Grounds, in the Parishes of Berwick Saint James and Fisherton Anger, in the County of Wilts."

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

It was resolved in the Affirmative.

Walpole Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for embanking the Common Salt Marsh within the Township of Walpole, in the County of Norfolk, and for dividing and enclosing the same, and several other Commons within the said Township."

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

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the 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.

Normanby Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Lands, in the Parish of Normanby next Spittal, in the County of Lincoln."

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

Ld. Privy Seal.
D. Richmond.
D. Leeds.
D. Ancaster & Kesteven.
D. Bridgewater.
M. Townshend.
Ld. Chamberlain.
E. Suffolk & Berkshire.
E. Westmorland.
E. Chesterfield.
E. Essex.
E. Carlisle.
E. Shaftesbury.
E. Morton.
E. Galloway.
E. Hopetoun.
E. Oxford & Mortimer.
E. Stanhope.
E. Macclesfield.
E. Pomfret.
E. Harrington.
E. Fitzwilliam.
E. Chatham.
E. Bathurst.
E. Strange.
V. Stormont.
V. Falmouth.
V. Wentworth.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. St. Asaph.
L. Bp. Rochester.
L. Bp. Bangor.
L. Bp. Norwich.
L. Bp. St. David's.
L. Sydney.
L. Clifford.
L. Willoughby Br.
L. Cathcart.
L. Kinnaird.
L. Middleton.
L. Sandys.
L. Walpole.
L. Scarsdale.
L. Boston.
L. Lovel & Holland.
L. Hawke.
L. Amherst.
L. Rivers.
L. Walsingham.
L. Bagot.
L. Porchester.
L. Bulkeley.
L. Grey de Wilton.
L. Sommers.
L. Hawkesbury.
L. Kenyon.
L. Dover.

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.

The King against Amery, 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 the King is Plaintiff, and Thomas Amery is Defendant:"

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.

Northumberland Fishery Bill.

The Order of the Day was read for the Lords to be summoned:

Ordered, That the Committee to whom the Bill, intituled, "An Act to incorporate certain Persons therein named, and their Successors, by the Name and Stile 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," stands committed, be revived, and meet this Day.

Dickinson's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for carrying into Execution an Agreement for Sale of the Brewhouse and Hereditaments in and near Golden Lane, London, lately belonging to Joseph Dickinson Esquire, deceased, and for applying Two-thirds of the Money agreed to be paid for the Purchase of the Freehold Part of the said Brewhouse and Hereditaments, in the Purchase of Freehold Hereditaments, to be settled in Manner in the said Act mentioned; and for such other Purposes as in the said Act mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Gemsa's Naturalization Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Christopher Gemsa," 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.

Sir J. Long's Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting Part of the Estates devised by the Will of John Earl Tylney, in London, Middlesex, and Essex, in Trustees to be sold, and for laying out the Money thence arising in other Estates, to be settled in lieu thereof to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Banham Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Heaths, Fen Grounds, Commons, and Waste Lands, within the Parish of Banham, in the County of Norfolk," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; 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. 15. L. 8. After ("Banham") insert ("or the Rector or Vicar of any of the said Parishes")"

L. 30. After ("Proprietors") insert ("Rector or Vicar")"

Pr. 16. L. 20. After ("Proprietor") insert ("Rector or Vicar")"

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

Reed against Lewis et al:

A Petition of Nehemiah Reed Esquire, Plaintiff, in a Writ of Error depending in this House, wherein Dominique Lewis and others are Defendants, which stands appointed for hearing, was presented, and read; setting forth, "That the Petitioner is devised to withdraw his Assignment of Errors, and doth not intend further to prosecute his said Writ of Error;" and therefore praying their Lordships, "That he may withdraw his said Assignment of Errors, and to order a Non-pros to be entered upon the said Writ of Error as if no Errors had been assigned, with such Costs, as their Lordships shall please to direct."

And thereupon the Agents on both Sides were called in, and heard at the Bar, and being withdrawn:

Writ of Error non-pross'd with Colts.

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 Non-pros on the said Writ of Error; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay or cause to be paid to the Defendants in Error, the Sum of Fifty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Adjourn.

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

DIE Sabbati, 23o Maii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven. Ds. Thurlow, Cancellarius.
Comes Radnor.
Comes Strange.

PRAYERS.

Hay et al. against Hay.

After hearing Counsel in Part in the Cause, wherein Frances Hay and others are Appellants, and Robert Hay Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Rest of the Causes on Cause Days be removed in Course.

Bourton, &c. Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open Common Fields, Common Meadows, Common Pastures, Waste Lands, and Commonable Places, within the Hamlets of Bourton and Watchfield, in the Parish of Shrivenham, in the County of Berks;" to which they desire the Concurrence of this House.

Sibford Ferris Enclosure Bill.

A Message was brought from the House of Commons, by Sir William Dolben and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands and Grounds, within the Hamlet and Liberties of Sibford Ferris, in the Parish of Swalcliffe, in the County of Oxford;" to which they desire the Concurrence of this House.

Royal Exchange Assurance Bill.

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

With a Bill, intituled, "An Act to enable the Royal Exchange Assurance of Houses and Goods from Fire, and their Successors to grant, purchase, and sell Annuities upon or for any Life or Lives;" to which they desire the Concurrence of this House.

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

Sir J. Long's Estate Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates devised by the Will of John Earl Tylney, in London, Middlesex, and Essex, in Trustees to be sold, and for laying out the Money thence arising in other Estates, to be settled in lieu thereof to the same Uses."

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

It was resolved in the Affirmative.

Gemfa's Naturalization Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Christopher Gemsa."

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

It was resolved in the Affirmative.

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

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

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

Banham Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Heaths, Fen Grounds, Commons, and Waste Lands, within the Parish of Banham, in the County of Norfolk."

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 ordered to be sent to the House of Commons, by the former Messengers:

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

Llanfyllin Market House Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for re-building the Market House of the Town of Llanfyllin, in the County of Montgomery, and for other Purposes therein mentioned; and defraying the Expence thereof, by Sale of certain Waste Lands in the Townships of Globwlch and Bachau, in the said County."

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

E. Radnor.
E. Strange.
L. Bp. St. David's.

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.

Adjourn.

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

DIE Lunæ, 25o Maii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Oxon.
Epus. Bangor.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Norfolk, Marescallus.
Dux Chandos, Senescallus.
Dux Bridgewater.
Dux Montagu.
Comes Suffolk & Berkshire.
Comes Carlisle.
Comes Shaftesbury.
Comes Morton.
Comes Stanhope.
Comes Pomfret.
Comes Radnor.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Cathcart.
Ds. Sandys.
Ds. Scarsdale.
Ds. Hawke.
Ds. Amherst.
Ds. Harrowby.
Ds. Bagot.
Ds. Southampton.
Ds. Porchester.
Ds. Rawdon.
Ds. Sommers.

PRAYERS.

Hay et al. against Hay:

After hearing Counsel as well on Saturday last as this Day, upon the Petition and Appeal of Frances Hay, only Child of the Marriage between the deceased William Hay Esquire, and the also deceased Lady Catherine Hay his Wife, Daughter of the late John Marquis of Tweeddale, as also of George Marquis of Tweeddale, Edward Hay of Newhall Esquire, Islay Campbell Esquire, His Majesty's Advocate for Scotland; James Hay of Belton Esquire, and Allan Macdougall Writer to the Signet, Curators of the said Frances Hay; complaining of Two Interlocutors of the Lords of Session in Scotland of the 24th of July and 25th of November 1788; and praying, That the same might be reversed, varied, altered, or amended, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet;" as also upon the Answer of Robert Hay Esquire, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House, and that the said Interlocutors therein complained of be and the same are hereby affirmed.

Committee for Privileges to meet.

Ordered, That the Committee for Privileges do meet on Wednesday next.

Dickinson's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for carrying into Execution an Agreement for Sale of the Brewhouse and Hereditaments in and near Golden Lane, London, lately belonging to Joseph Dickinson Esquire, deceased, and for applying Two-thirds of the Money agreed to be paid for the Purchase of the Freehold Part of the Brewhouse and Hereditaments, in the Purchase of Freehold Hereditaments, to be settled in Manner in the said Act mentioned; and for such other Purposes as in the said Act mentioned."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Bourton, &c. Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open Common Fields, Common Meadows, Common Pastures, Waste Lands, and Commonable Places, within the Hamlets of Bourton and Watchfield, in the Parish of Shrivenham, in the County of Berks."

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

Ld. Privy Seal.
D. Norfolk.
Ld. Steward.
D. Bridgewater.
D. Montagu.
E. Suffolk & Berkshire.
E. Carlisle.
E. Shaftesbury.
E. Morton.
E. Stanhope.
E. Pomfret.
E. Radnor.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Oxford.
L. Bp. Bangor.
L. Bp. St. David's.
L. Sydney.
L. Cathcart.
L. Sandys.
L. Scarsdale.
L. Hawke.
L. Amherst.
L. Harrowby.
L. Bagot.
L. Southampton.
L. Porchester.
L. Rawdon.
L. Sommers.

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

South Kilworth Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Commons, of and within the Parish of South Kilworth, in the County of Leicester;" to which they desire the Concurrence of this House.

Cockburnspath Bridge Bill.

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

With a Bill, intituled, "An Act for applying the Sum of One thousand Pounds out of the unexhausted Balance or Surplus Money arising from the forfeited Estates in North Britain, towards completing and finishing the Bridge over the Pees or Pass of Cockburnspath, in the County of Berwick;" to which they desire the Concurrence of this House.

Loyne Navigation Bill.

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

With a Bill, intituled, "An Act to explain, amend, and render more effectual several Acts made in the Twenty-third Year of the Reign of His late Majesty King George the Second, and the Twelfth Year of the Reign of His present Majesty, for improving the Navigation of the River Loyne otherwise called Lune; and for building a Quay or Wharf near the Town of Lancaster, in the County Palatine of Lancaster, and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

Honywood's Bill.

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

To return the Bill, 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;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Arabin's Divorce Bill.

The Order of the Day being read for the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of William John Arabin Esquire, with Henrietta Molyneux his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

Ordered, That the said Bill be read a Second Time on the First Tuesday after the Recess at Whitsuntide.

Northumberland Fishery Bill.

The Lord Hawke reported from the Lords Committees to whom the 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 encreasing such Fishery," 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. 27. L. 19. Leave out from ("Capital Stock") to ("and") in Press 28. Line 34."

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

Ordered, That the said Bill be read the Third Time To-morrow; and that the Lords be summoned.

Llanfyllin Market House Bill.

The Lord Hawke reported from the Lords Committees to whom the Bill, intituled, "An Act for re-building the Market House of the Town of Llansyllin, in the County of Montgomery, and for other Purposes therein mentioned; and defraying the Expence thereof by Sale of certain Waste Lands in the Townships of Globwlch and Bachau, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Roberts to take the Name of Powell Bill.

The Lord Hawke made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable Arthur Annesley Roberts Esquire, and the Heirs of his Body, to take, use, and bear the Surname and Arms of Powell; pursuant to the Will of John Powell Esquire, deceased," was committed.

Normanby Enclosure Bill.

The Lord Hawke also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Lands, in the Parish of Normanby next Spittal, in the County of Lincoln," 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 Bil, and directed him to report the same to the House, without any Amendment."

E. Winchelsea's Estate Bill.

The Lord Hawke made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for establishing, confirming, and carrying into Execution certain Articles of Agreement between the Reverend John Lowth, Vicar of the Parish of Burley on the Hill, in the County of Rutland, and the Right Honourable George Earl of Winchelsea and Nottingham; and thereby settling all Disputes and Differences which have arisen in consequence of a Claim of Tythes made by the said Vicar," was committed.

Ordered, That the said Bill be engrossed.

Webb's Bill.

The Lord Hawke also reported from the Lords Committees, to whom the Bill, intituled, "An Act for effectuating the Sale of the Freehold Estate of Nathaniel Webb Esquire, and Harriet Ellen his Wife, an Infant, at Boreham in the County of Essex," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Adjourn.

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

DIE Martis, 26o Maii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Roffen.
Epus. Bangor.
Epus. Asaphen.
Epus. Norvicen.
Epus. Oxon.
Epus. Meneven.
Dux Gloucester.
Ds. Thurlow, Cancellarius.
Dux Norfolk, Marescallus.
Dux Chandos, Senescallus.
Dux Ancaster & Kesteven.
Dux Bridgewater.
Dux Northumberland.
March. Townshend.
Comes Suffolk & Berkshire.
Comes Exeter.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Plymouth.
Comes Morton.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Stanhope.
Comes Radnor.
Comes Spencer.
Comes Bathurst.
Comes Uxbridge.
Viscount Storment.
Viscount Mount Edgcumbe & Valletort.
Ds. Middleton.
Ds. Scarsdale.
Ds. Hawke.
Ds. Amherst.
Ds. Loughborough.
Ds. Bagot.
Ds. Porchester.
Ds. Grantley.
Ds. Rodney.
Ds. Lovaine.
Ds. Grey de Wilton.
Ds. Dover.

PRAYERS.

Grant against E. Morton:

After hearing Counsel in Part in the Cause, wherein Alexander Grant Writer in Edinburgh is Appellant, and George Earl of Morton is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday the 8th Day of June next.

E. Winchelsea's Estate Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for establishing, confirming, and carrying into Execution certain Articles of Agreement between the Reverend John Lowth, Vicar of the Parish of Burley on the Hill, in the County of Rutland, and the Right Honourable George Earl of Winchelsea and Nottingham, and thereby settling all Disputes and Differences which have arisen in consequence of a Claim of Tythes made by the said Vicar."

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

It was resolved in the Affirmative.

Webb's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for effectuating the Sale of the Freehold Estate of Nathaniel Webb Esquire, and Harriet Ellen his Wife, an Infant, at Boreham in the County of Essex."

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

It was resolved in the Affirmative.

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

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

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

Northumberland Fishery Bill.

The Order of the Day being read for the Third Reading of the 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 encreasing such Fishery," and for the Lords to be summoned:

The following Amendment was proposed to be made to the said Bill:

Pr. 20. L. 35. After ("appointed") insert ("And in order to remove all doubts from the Minds of the Public in regard to the Amount of the actual Capital Stock of the said Society; be it further enacted by the Authority aforesaid, That Six Weeks Notice previous to the holding the last General Quarterly Meeting in every Year shall be given in the London Gazette, signed by the Governor for the Time being of the said Society, requiring all those who have any Demands or Claims upon the said Society, (if any such should happen to be) to deliver in an Account of the same, in order that such Demands and Claims may be forthwith discharged and satisfied.

"And be it further enacted, That within Six Weeks after the holding of such last General Quarterly Meeting in every Year, the actual Amount of the Capital Stock of the said Society shall be published and declared in the said London Gazette, signed by the Governor and Auditors of the Accounts of the said Society.")

The same was agreed to, and ordered accordingly.

Then the said Bill was read the Third Time.

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 the former Messengers:

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.

Roberts to take the Name of Powell, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Arthur Annesley Roberts Esquire, and the Heirs of his Body, to take, use, and bear the Surname and Arms of Powell, pursuant to the Will of John Powell Esquire, deceased."

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

It was resolved in the Affirmative.

Normanby Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Lands, in the Parish of Normanby next Spittal, in the County of Lincoln."

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

It was resolved in the Affirmative.

Llanfyllin Market House Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for re-building the Market House of the Town of Llanfyllin, in the County of Montgomery, and for other Purposes therein mentioned; and defraying the Expence thereof, by Sale of certain Waste Lands in the Townships of Globwlch and Bachau, in the said County."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the 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.

South Kilworth Enclosure Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Commons of and within the Parish of South Kilworth, in the County of Leicester."

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

D. Norfolk.
Ld. Steward.
D. Ancaster & Kesteven.
D. Bridgewater.
D. Northumberland.
M. Townshend.
E. Suffolk & Berkshire.
E. Exeter.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Plymouth.
E. Morton.
E. Oxford & Mortimer.
E. Tankerville.
E. Stanhope.
E. Radnor.
E. Spencer.
E. Bathurst.
E. Uxbridge.
V. Stormont.
V. Mount Edgcumbe & Valletort.
L. Abp. York.
L. Bp. Rochester.
L. Bp. Bangor.
L. Bp. St. Asaph.
L. Bp. Norwich.
L. Bp. Oxford.
L. Bp. St. David's.
L. Middleton.
L. Scarsdale.
L. Hawke.
L. Amherst.
L. Loughborough.
L. Bagot.
L. Porchester.
L. Grantley.
L. Rodney.
L. Lovaine.
L. Grey de Wilton.
L. Dover.

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.

The King's Consent signified to it.

The Lord Chancellor acquainted the House, "That His Majesty having been informed of the Contents of the last-mentioned Bill, was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

East Malling Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term and altering and enlarging the Powers of an Act passed in the Seventh Year of the Reign of His present Majesty, for repairing and widening the Road from the Brick Kilns on East Malling Heath, to the Turnpike Road on Penbury Green, and from Brand Bridges to the Four Wents near Matfield Green, in the County of Kent."

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.

Sibford Ferris Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands and Grounds within the Hamlet and Liberties of Sibford Ferris, in the Parish of Swalcliffe, in the County of Oxford."

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

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

Highworth Workhouse Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for providing a Workhouse for the Use of the Parish of Highworth, in the County of Wilts; and for appointing an additional Overseer for the better Government of the Poor of the said Parish."

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 the 8th of June next, at the usual Time and Place; and to adjourn as they please.

Hastings Paving Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for paving, cleansing, lighting, improving, and regulating the Streets, Lanes, and other Public Passages and Places, and for repairing the Highways within the Parish of Saint Clement, in the Town and Port of Hastings, in the County of Sussex; and for removing and preventing Nuisances, Annoyances, Obstructions, and Encroachments, within the said Town and Port."

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.

Loyne Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual several Acts made in the Twenty-third Year of the Reign of His late Majesty King George the Second, and the Twelfth Year of the Reign of His present Majesty, for improving the Navigation of the River Loyne, otherwise called Lune; and for building a Quay or Wharf near the Town of Lancaster, in the County Palatine of Lancaster; and for other Purposes therein mentioned."

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

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

Cromford Canal Bill.

A Message was brought from the House of Commons, by the Lord George Cavendish and others:

With a Bill, intituled, "An Act for making and maintaining a Navigable Canal from or from near to Cromford Bridge in the County of Derby, to join and communicate with the Erewash Canal at or near Langley Bridge; and also a Collateral Cut from the said intended Canal, at or near Codnor Park Mill, to or near Pinxton Mill, in the said County;" to which they desire the Concurrence of this House.

Highland Society Bill.

A Message was brought from the House of Commons, by the Lord Frederick Campbell and others:

With a Bill, intituled, "An Act for appropriating the Sum of Three thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, to be applied by the Highland Society of Scotland at Edinburgh, to public Uses in that Part of the Kingdom;" to which they desire the Concurrence of this House.

Hawkers and Pedlars Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the Twenty-fifth Year of the Reign of His present Majesty, intituled, "An Act for granting to His Majesty additional Duties on Hawkers, Pedlars, and Petty Chapmen; and for regulating their Trade;" to which they desire the Concurrence of this House.

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

Banham Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Heaths, Fen Grounds, Commons, and Waste Lands, within the Parish of Banham, in the County of Norfolk;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Hales's Bill.

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

To return the Bill, intituled, "An Act for vesting the Estate late of Sir Thomas Pym Hales Baronet, deceased, in the County of Kent, in Trustees, to be sold and disposed of for the Payment of certain Incumbrances affecting the same, and for other Purposes therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Buckland Dinham Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act of the Eighth Year of His present Majesty, for repairing and widening the Road from Buckland Dinham, to the End of the Parish of Timsbury; and also the Road from Midsomer Norton, to the End of the Parish of Norton Saint Phillips; and also the Road from Tucker's Grave, to the Road leading from Wellow, to a Place known by the Name of The Red Post, in the County of Somerset, and for amending, widening and keeping in Repair the Road from Kilmersdon, in the said County, to join the Road from Buckland Dinham aforesaid, in the Street of Radstock, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cockburnspath Bridge Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for applying the Sum of One thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, towards completing and finishing the Bridge over the Pees or Pass of Cockburnspath, in the County of Berwick."

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 the 8th Day of June next.

Tarporley Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Twenty Second Year of the Reign of His present Majesty, for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge, near Weaverham, in the same County."

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

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

Parson's Bill.

Moved, "That the Order made on Monday the 18th Instant for the Bill, intituled, "An Act for vesting divers Manors, Messuages, Lands, and Hereditaments, in the Counties of Stafford and Salop, late the Estate of Elizabeth Parson, deceased, Wife of John Parson Esquire, in Trustees, to be sold for the Purposes therein mentioned," to be committed for Tuesday the 2d of June next, be now read."

The same was accordingly read by the Clerk:

Ordered, That the said Order be discharged.

Ordered, That the Committee do meet on the said Bill on the first Day of Meeting after the Recess at Whitsuntide.

Bourton, &c. Enclosure Bill, King's Consent signified.

The Lord Chancellor acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for dividing, allotting, and enclosing the Open Common Fields, Common Meadows, Common Pastures, Waste Lands, and Commonable Places, within the Hamlets of Bourton and Watchfield, in the Parish of Shrivenham, in the County of Berks," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Maii, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27o Maii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Asaphen.
Epus. Bangor.
Epus. Oxon.
Epus. Meneven.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Camden, Præses.
March. Stafford, C. P. S.
Dux Norfolk, Marescallus.
Dux Leeds.
Dux Bridgewater.
March. Townshend.
Comes Exeter.
Comes Chesterfield.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Morton.
Comes Galloway.
Comes Hopetoun.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Tankerville.
Comes Stanhope.
Comes Macclesfield.
Comes Pomfret.
Comes Effingham.
Comes Brooke & Warwick.
Comes Fitzwilliam.
Comes Radnor.
Comes Uxbridge.
Comes Talbot.
Comes Strange.
Viscount Stormont.
Viscount Falmouth.
Viscount Wentworth.
Viscount Hampden.
Viscount Mount Edgcumbe & Valletort.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Dacre.
Ds. Willoughby Br.
Ds. St. John Blet.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Walpole.
Ds. Scarsdale.
Ds. Boston.
Ds. Pelham.
Ds. Lovel & Holland.
Ds. Milton.
Ds. Vernon.
Ds. Digby.
Ds. Hawke.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Rawdon.
Ds. Lovaine.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Kenyon.
Ds. Dover.

PRAYERS.

Hawkers and Pedlars Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Twenty-fifth Year of the Reign of His present Majesty, intituled, "An Act for granting to His Majesty additional Duties on Hawkers, Pedlars, and Petty Chapmen; and for regulating their Trade."

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Buckland Dinham Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act of the Eighth Year of His present Majesty, for repairing and widening the Road from Buckland Dinham, to the End of the Parish of Timsbury; and also the Road from Midsomer Norton, to the End of the Parish of Norton Saint Phillips; and also the Road from Tucker's Grave, to the Road leading from Wellow, to a Place known by the Name of The Red Post, in the County of Somerset; and for amending, widening, and keeping in Repair, the Road from Kilmersdon, in the said County, to join the Road from Buckland Dinham aforesaid, in the Street of Radstock, in the said County."

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

Ld. President.
Ld. Privy Seal.
D. Norfolk.
D. Leeds.
D. Bridgewater.
M. Townshend.
E. Chesterfield.
E. Abingdon.
E. Scarbrough.
E. Morton.
E. Galloway.
E. Hopetoun.
E. Stanhope.
E. Macclesfield.
E. Effingham.
E. Radnor.
E. Uxbridge.
E. Strange.
V. Stormont.
V. Falmouth.
V. Wentworth.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. St Asaph.
L. Bp. Bangor.
L. Bp. Oxford.
L. Bp. St. David's.
L. Sydney.
L. Dacre.
L. Willoughby Br.
L. Middleton.
L. King.
L. Chedworth.
L. Sandys.
L. Walpole.
L. Scarsdale.
L. Boston.
L. Lovel & Holland.
L. Milton.
L. Hawke.
L. Amherst.
L. Harrowby.
L. Walsingham.
L. Rawdon.
L. Sommers.
L. Hawkesbury.

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.

Highland Society Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for appropriating the Sum of Three thousand Pounds, out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, to be applied by the Highland Society of Scotland at Edinburgh, to public Uses in that Part of the Kingdom."

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 the 8th of June next.

His Majesty's Advocate against Milne, in Error.

A Petition of the Advocate General of Scotland, Plaintiff in a Writ of Error depending in this House, wherein John Milne is Defendant, which stands appointed for hearing, was presented, and read; setting forth, "That this Cause respects the Posting Duty Act: That several Questions have arisen upon the Construction of this Act, and the Postmasters in Scotland have disputed and refused Payment of the Duties lately farmed there: That until the Cause is decided, the Duties in the Extent contended for cannot be levied, and the Farmers Lease being only for Three Years, he must be a great Sufferer in the mean Time;" and therefore praying their Lordships, "To appoint this Cause to be heard on Tuesday the 16th of June next, or such other Bye-Day in the present Session, as to their Lordships shall seem proper."

And thereupon the Agent for the Petitioner was called in, and heard at the Bar; and being withdrawn;

Ordered, That this House will hear the said Errors argued by Counsel at the Bar on Tuesday the 16th June next, as desired.

Hastings Paving Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for paving, cleansing, lighting, improving, and regulating the Streets, Lanes, and other public Passages and Places, and for repairing the Highways, within the Parish of Saint Clement, in the Town and Port of Hastings, in the County of Sussex; and for removing and preventing Nuisances, Annoyances, Obstructions, and Encroachments, within the said Town and Port," 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."

Tarporley Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Twenty-second Year of the Reign of His present Majesty, for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge, near Weaverham, in the same County," was committed.

East Malling Road Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act passed in the Seventh Year of the Reign of His present Majesty, for repairing and widening the Road from the Brick Kilns on East Malling Heath, to the Turnpike Road on Penbury Green, and from Brand Bridges to the Four Wents, near Matfield Green, in the County of Kent," was committed.

South Kilworth Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Commons, of and within the Parish of South Kilworth, 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 directed him to report the same to the House, without any Amendment."

Committee of Privileges to meet.

Ordered, That the Committee for Privileges do meet To-morrow.

Hastings' Trial, Judges Opinion on the Question put to them:

The Order of the Day being read for the Judges to deliver their Opinions upon a Question put to them on Thursday last:

The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges upon the said Question in the Negative; and gave his Reasons.

Resolution thereupon:

Then it was moved to resolve, "That the Examination of Nundcomar, and the Proceedings of the Rest of the Counsellors on the 13th March 1775, after Mr. Hastings left the Council, ought not to be read."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Managers for H. C. to be informed thereof:

Ordered, That the Managers for the Commons be informed, "That the Lords have resolved, that the Examination of Nundcomar, and the Proceedings of the Rest of the Counsellors on the 13th of March 1775, after Mr. Hastings left the Council, ought not to be read."

Trial proceeded in:

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 Thursday 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 said Resolution, as he was directed.

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

Whereupon, a Witness was 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.

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

Members of the Church of England Relief Bill.

Ordered, That the Bill, intituled, "An Act for relieving Members of the Church of England from sundry heavy Penalties and Disabilities to which by the Laws now in Force they may be liable, and for extending Freedom in Matters of Religion to all Persons (Papists only excepted), and for other Purposes therein mentioned," be read a Second Time on Tuesday the 9th Day of June next.

Burlton against Glew and Ward, in Error.

The Lord Kenyon, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein,

Philip Burlton is Plaintiff,
and
Thomas Glew and John Ward are Defendants.

Temple Street Bill.

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

With a Bill, intituled, "An Act for opening a New Street from Fleet Street to Temple Street, in the City of London, and also a public Passage from such New Street towards Water Lane; and for stopping up or altering certain Courts, Alleys, or Passages, and setting out others near to or communicating with such New Street and Passage;" to which they desire the Concurrence of this House.

Teddington Road Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from the Cross Hands in Teddington Field, in the Parish of Overbury, in the County of Worcester, to the London Turnpike Road between Evesham and Pershore, in the said County;" to which they desire the Concurrence of this House.

Evesham Roads Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and varying the Powers of certain Acts of Parliament, of the First, Seventeenth, and Thirtieth Years of His late Majesty, for repairing several Roads leading from the Borough of Evesham, and several other Roads in the Counties of Worcester and Gloucester;" to which they desire the Concurrence of this House.

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

Northumberland Fishery Bill.

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

To return the 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;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Adjourn.

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

DIE Jovis, 28o Maii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Sarum.
Epus. Roffen.
Epus. Bangor.
Epus. Oxon.
Epus. Carliol.
Epus. Meneven.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Camden, Præses.
March. Stafford, C. P. S.
Dux Norfolk, Marescallus.
Dux Leeds.
Dux Bridgewater.
March. Townshend.
Comes Suffolk & Berkshire.
Comes Sandwich.
Comes Scarbrough.
Comes Coventry.
Comes Morton.
Comes Galloway.
Comes Hopetoun.
Comes Oxford & Mortimer.
Comes Sussex.
Comes Stanhope.
Comes Macclesfield.
Comes Pomfret.
Comes Effingham.
Comes Brooke & Warwick.
Comes Radnor.
Comes Talbot.
Viscount Stormont.
Viscount Wentworth.
Viscount Mount Edgcumbe & Valletort.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Dacre.
Ds. Willoughby Br.
Ds. St. John Blet.
Ds. Clifton.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Walpole.
Ds. Scarsdale.
Ds. Boston.
Ds. Digby.
Ds. Hawke.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Rawdon.
Ds. Lovaine.
Ds. Grey de Wilton.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Kenyon.
Ds. Dover.

PRAYERS.

Buckland Dinham Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act of the Eighth Year of His present Majesty, for repairing and widening the Road from Buckland Dinham, to the End of the Parish of Timsbury, and also the Road from Midsomer Norton, to the End of the Parish of Norton Saint Phillips, and also the Road from Tucker's Grave, to the Road leading from Wellow to a Place known by the Name of The Red Post, in the County of Somerset; and for amending, widening, and keeping in Repair, the Road from Kilmersdon, in the said County, to join the Road from Buckland Dinham aforesaid, in the Street of Radstock, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Loyne Navigation Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to explain, amend, and render more effectual several Acts made in the Twenty-third Year of the Reign of His late Majesty King George the Second, and the Twelfth Year of the Reign of His present Majesty, for improving the Navigation of the River Loyne, otherwise called Lune, and for building a Quay or Wharf near the Town of Lancaster, in the County Palatine of Lancaster, and for other Purposes therein mentioned," was committed.

Faversham Paving Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better paving, repairing, cleansing, lighting, and watching the Highways, Streets, Lanes, and other public Passages and Places, within the Town and Liberty of Faversham, in the County of Kent, and also certain Places near or adjoining thereto, and for removing and preventing Encroachments, Obstructions, Nuisances, and Annoyances therein," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made one Amendment thereto."

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

Pr. 77. L. 18. Leave out from ("only") to ("this") in Line 21, and insert ("such as are taken away or altered by")"

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

Hastings Paving Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for paving, cleansing, lighting, improving, and regulating the Streets, Lanes, and other public Passages and Places, and for repairing the Highways within the Parish of Saint Clement, in the Town and Port of Hastings, in the County of Sussex, and for removing and preventing Nuisances, Annoyances, Obstructions, and Encroachments, within the said Town and Port."

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

It was resolved in the Affirmative.

South Kilworth Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Commons, of and within the Parish of South Kilworth, in the County of Leicester."

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

It was resolved in the Affirmative.

Tarporley Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Twenty-second Year of the Reign of His present Majesty, for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge, near Weaverham, in the same County."

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

It was resolved in the Affirmative.

East Malling Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act passed in the Seventh Year of the Reign of His present Majesty, for repairing and widening the Road from the Brick Kilns on East Malling Heath to the Turnpike Road on Penbury Green, and from Brand Bridges to the Four Wents near Matfield Green, in the County of Kent."

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

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Four 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.

Teddington Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from the Cross Hands in Teddington Field, in the Parish of Overbury, in the County of Worcester, to the London Turnpike Road between Evesham and Pershore, in the said County."

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

Ld. President.
Ld. Privy Seal.
D. Norfolk.
D. Leeds.
M. Townshend.
E. Suffolk & Berkshire.
E. Sandwich.
E. Scarbrough.
E. Coventry.
E. Morton.
E. Galloway.
E. Hopetoun.
E. Oxford & Mortimer.
E. Sussex.
E. Stanhope.
E. Effingham.
E. Radnor.
V. Stormout.
V. Wentworth.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Rochester.
L. Bp. Bangor.
L. Bp. St. David's.
L. Sydney.
L. Willoughby Br.
L. King.
L. Chedworth.
L. Sandys.
L. Scarsdale.
L. Hawke.
L. Amherst.
L. Walsingham.
L. Rawdon.
L. Hawkesbury.
L. Kenyon.

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.

Evesham Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term, and varying the Powers of certain Acts of Parliament of the First, Seventeenth, and Thirtieth Years of His late Majesty for repairing several Roads leading from the Borough of Evesham, and several other Roads in the Counties of Worcester and Gloucester."

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.

Temple Street Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for opening a New Street from Fleet Street to Temple Street, in the City of London, and also a Public Passage from such new Street towards Water Lane, and for stopping up or altering certain Courts, Alleys, or Passages, and setting out others near to or communicating with such new Street and Passage."

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.

Jones and Phelips against Roe:

A Petition of Owel Jones and Edward Phelips the Younger Esquire, Plaintiffs in a Writ of Error depending in this House, wherein Richard Roe is Defendant, which stands appointed for hearing, was presented and read; setting forth, "That the Petitioners are advised to withdraw their Assignment of Errors, and not to prosecute further their said Writ of Error;" and therefore praying their Lordships, "That they may be at Liberty to withdraw their said Assignment of Errors, and that the said Writ of Error may be Non-pros'd without Costs."

And thereupon the Agent for the Petitioners was called in and being sworn, acquainted the House, "He saw the Agent for the Defendant in Error sign the said Petition;" and being withdrawn:

Writ of Error non-pros'd.

Ordered, That the Petitioners be at Liberty to withdraw their said Assignment of Errors, as desired; and that the Defendant in Error do forthwith enter a Non-pros on the said Writ of Error, and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House.

The King against Amery, in Error.

Upon reading the Petition of Ralph Eddowes of the City of Chester Merchant, the Relator in a certain Information in the Nature of a Quo Warranto, some Time ago filed by the Coroner and Attorney of our Sovereign Lord the now King in His Majesty's Court of King's Bench at Westminster, against Thomas Amery, to shew by what Authority he claimed to be an Alderman of the City of Chester, in which said Information Judgement was afterwards pronounced by the said Court of King's Bench for the said Thomas Amery, and upon such Judgement a Writ of Error has been brought by the Petitioner, and which is now depending for judgement before their Lordships: "That the said Cause stands for hearing the Twelfth in their Lordships Paper of Causes; that the Petitioner conceives that the speedy Determination of this Cause is of great Importance to the Corporation of the City of Chester, and that it involves, as the Petitioner apprehends, a great and important Question of Constitutional Law of general and extensive Consequence;" and therefore praying, "Their Lordships will be pleased to order that the said Cause may be argued on Tuesday the 16th Day of June next, or on such other Day as to their Lordships shall seem meet; the Agent for the Defendant in Error having signed the said Petition as consenting thereto:"

It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar on Tuesday the 16th Day of June next, as desired.

Gaols Regulation Bill presented.

The Earl of Radnor presented to the House a Bill, intituled, "An Act for the more effectual Execution of the Laws respecting Gaols."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Hawkers and Pedlars Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Twenty-fifth Year of the Reign of His present Majesty, intituled, "An Act for granting to His Majesty additional Duties on Hawkers, Pedlars, and Petty Chapmen, and for regulating their Trade."

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, 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 several Papers were read.

Then the Managers for the Commons offered to give in Evidence a Consultation of the 24th July 1775, containing Answers of the Munny Begum to certain Questions proposed at a former Consultation by Mr. Hastings to be put to her:

The Counsel for the Defendant objected to the same, stating, "That Mr. Hastings acceded to the said Questions being put to the Munny Begum, only provided a Mr. Goring was not present:"

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

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

The House was resumed.

Moved to resolve, "That the Consultation of the 24th July 1775, containing the Answers of the Munny Begum to Questions proposed to her at the Instance of Mr. Hastings ought to be read."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Managers for the Commons be informed, "That the Lords have resolved, that the Consultation of the 24th July 1775, containing the Answers of the Munny Begum to Questions proposed to her at the Instance of Mr. Hastings, ought to be read."

Then it was agreed by the Lords to go down again into Westminster Hall.

But their Lordships understanding that the Commons were returned from the Court below, to their own House.

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

A Message was sent to the House of Commons, by the former Messengers, to acquaint them that the Lords will proceed further in the Trial of Warren Hastings Esquire presently, in Westminster Hall.

Then the House adjourned again into Westminster Hall, whither the Lords and others went in the same Order as before.

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 said, "Gentlemen, Managers for the Commons, and you Gentlemen who are of Counsel for the Defendant;

"The Lords have resolved, that the Consultation of the 24th July 1775, containing the Answers of the Munny Begum to Questions proposed to her at the Instance of Mr. Hastings, ought to be read."

The same was read accordingly.

Then 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 Wednesday the 10th Day of June 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 the former Messengers, to acquaint them therewith.

Adjourn.

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