June 1793 6-10
DIE Jovis, 6o Junii 1793.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Londin.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Carlisle.
Epus. Exon. |
Ds. Loughborough,
Cancellarius.
March. Stafford,
C. P. S.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
M. Abercorn.
Comes Derby.
Comes Essex.
Comes Cardigan.
Comes Doncaster.
Comes Poulett.
Comes Lauderdale.
Comes Stanhope.
Comes Graham.
Comes Kerr.
Comes Fitzwilliam.
Comes Powis.
Comes Harcourt.
Comes Hardwicke.
Comes Chatham.
Comes Ailesbury.
Comes Mount Edgcumbe.
Comes Digby.
Comes Mansfield,
Middlesex.
Viscount Wentworth.
Viscount Sydney. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Teynham.
Ds. Cathcart.
Ds. Hay.
Ds. Sandys.
Ds. Boston.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Rawdon.
Ds. Carteret.
Ds. Sommers.
Ds. Boringdon.
Ds. Douglas.
Ds. Delaval.
Ds. Hawkesbury.
Ds. Suffield.
Ds. Kenyon.
Ds. Malmesbury.
Ds. Douglas of
Douglas.
Ds. Gage.
Ds. Douglas of Lochleven. |
PRAYERS.
East India Annuities Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
placing the Stock, called East India Annuities, under
the Management of the Governor and Company of
the Bank of England, and ingrafting the same on the
Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of Four Millions two hundred
thousand Pounds, owing by the Publick to the East
India Company; and for enabling the said Company
to raise a Sum of Money, by a further Increase of
their Capital Stock, to be applied in Discharge of certain Debts of the said Company."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Irish forfeited Estates Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
vesting in His Majesty certain forfeited Estates in Ireland, subject to the Disposition of the Parliament of
Ireland."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Market Harborough Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers of an Act, passed in
the Eleventh Year of the Reign of His present Majesty, intituled, "An Act to continue and render
more effectual Two Acts, passed in the Twelfth Year
of the Reign of King George the First, and the Nineteenth Year of the Reign of His late Majesty, for repairing the Road from Market Harborough to Loughborough, in the County of Leicester, and for repairing,
widening, turning, and altering the Road branching
out of the aforesaid Road, at a Place called Filling
Gate, to a Road called the Foss Road, and from
thence to the Turnpike Road leading from Melton
Mowbray to the Guide Post in Saint Margaret's
Field, Leicester."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Heage Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
repairing, widening, altering, and improving the Road
from Heage, in the County of Derby, through Belper, to Duffield, 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 Four preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Ord and Mr. Pepys:
To acquaint them, That the Lords have agreed to
the said Bills, without any Amendment.
Ireland, Importation of Goods from, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
permit Goods and Commodities, of the Growth,
Production, or Manufacture of Asia, Africa, or America, legally imported into Ireland, to be imported
from thence into Great Britain."
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.
Foreign Spirits Duty Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
continue certain Duties of Excise on Foreign Spirits
imported into this Kingdom, for a limited Time; and
also for continuing certain Laws of Excise therein
mentioned."
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.
Spanish Mail Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable the Postmaster General to send the Mail to
the Dominions of His Catholic Majesty, on board of
any Vessels authorized by His Catholic Majesty to
carry the same."
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.
Brotherton Enclosure Bill.
The Lord Bishop of Bangor reported from the Lords
Committees, to whom the Bill, intituled, "An Act for
dividing, enclosing, stinting, regulating, and otherwise improving certain Lands and Grounds in the
Parish of Brotherton, in the West Riding of the
County of York," was committed: That they had
considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee
had gone through the Bill, and directed him to report
the same to the House, without any Amendment.
Swindon Enclosure Bill.
The Lord Bishop of Bangor made the like Report
from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing certain
Commons and Waste Lands within the Manor and
Liberty of Swindon in the Parish of Womborne, in the
County of Stafford," was committed.
Knottingley Enclosure Bill.
The Lord Bishop of Bangor made the like Report
from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, and Ings, or Meadow
Grounds, within the Township of Knottingley, in the
West Riding of the County of York," was committed.
Cardington Road Bill.
The Lord Bishop of Bangor also reported from the
Lords Committees, to whom the Bill, intituled, "An Act
for enlarging the Term and Powers of an Act, passed
in the Twelfth Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening
the Road from the Forty-eighth Mile Stone, in the
Parish of Cardington, in the present Turnpike Road
between Hitchin and Bedford, to Great Barford
Bridge, and for continuing a Road from thence to
the Great Northern Road, near Temsford Bridge, in
the County of Bedford," 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.
Skidby Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
dividing and enclosing the Open and unenclosed Fields,
and Arable, Meadow, and Pasture Lands, Pastures
and Wastes, within the Township of Skidby, in the
Parish of Skidby, in the East Riding of the County of
York."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
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Ld. Privy Seal.
D. Leeds.
D. Portland.
D. Bridgewater.
M. Abercorn.
E. Derby.
E. Poulett.
E. Lauderdale.
E. Stanhope.
E. Graham.
E. Fitzwilliam.
E. Hardwicke.
E. Chatham.
E. Ailesbury.
E. Mount Edgcumbe.
E. Digby.
V. Wentworth.
V. Sydney. |
L. Abp. Canterbury.
L. Bp. London.
L. Bp. Bangor.
L. Bp. St. David's.
L. Bp. Exeter. |
L. Grenville.
L. Willoughby Br.
L. Cathcart.
L. Hay.
L. Sandys.
L. Boston.
L. Amherst.
L. Brownlow.
L. Rawdon.
L. Sommers.
L. Hawkesbury.
L. Kenyon. |
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.
Sussex Militia Money Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
requiring and authorizing Charles Gilbert Esquire,
Treasurer of the Eastern Division, and the Reverend
Francis Tutté, the legal Representative of Randolph
Tutté, deceased, late Treasurer of the Western Division of the County of Sussex, to pay certain Sums of
Money received by them the said Treasurers, or
either of them, on Account of the not raising the
Militia of the said County, into the publick Stocks of
the said Divisions, to be applied as therein is directed;
and for other Purposes therein mentioned."
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.
Friendly Societies Bill, Petition against.
Upon reading the Petition of Thomas Wylde, and
others, taking Notice of a Bill depending in this House,
intituled, "An Act for the Encouragement and Relief
of Friendly Societies;" and praying, "That they
may be heard by themselves or Counsel, against a
Clause in the said Bill, as it now stands, being continued a Part of the said Bill, but that the same may
be so altered and amended, as not to be of Prejudice
to the Society."
It is Ordered, That the said Bill be read the Third
Time on Tuesday next; and that the Petitioners be
then heard by their Counsel against the said Clause, as
desired.
Glasgow Church Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
rebuilding the Tron Church of the City of Glasgow;
for Opening certain Streets; for removing Obstructions in the Trongate-Street; for building a Bridge
over the River Clyde opposite to the Salt MarketStreet; for regulating the Weight and Measure of
Coals; and the Mode of carrying Wood and Timber
on the Streets of the said City; for enlarging the
Gaol or Tolbooth there; and for selling Part of the
High or Calton Green; and also the Glebe belonging
to the Inner High Church, and Parish of Glasgow."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on
Monday next, at the usual Time and Place; and
to adjourn as they please.
Dudley Canal Bill.
Ordered, That the Petition of the Merchants,
Manufacturers, and principal Inhabitants of the Town
of Birmingham in the County of Warwick, presented to
the House on the 8th Day of April last, praying that the
Bill, intituled, "An Act for making and maintaining a
Navigable Canal from the Dudley Canal, in the
County of Worcester, to the Worcester and Birmingham Canal, now making at or near Selly Oak, in the
said County; and also certain Collateral Cuts to
communicate therewith, may pass into a Law," be
referred to the Committee, to whom the said Bill stands
committed.
Caithness Statute Labour Bill.
The Earl of Lauderdale reported from the Lords
Committees to whom the Bill, intituled, "An Act for
making effectual the Statute Labour, and for levying
Conversion Money in lieu of Labour in certain Cases,
and for otherwise regulating, making, and repairing
High Roads and Bridges in the County of Caithness,"
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."
Hereford and Gloucester Canal Bill.
The Lord Bishop of Bangor made the like Report
from the Lords Committees to whom the Bill, intituled,
"An Act to convey and extend the Line of the Canal
authorized to be made by an Act passed in the Thirtyfirst Year of the Reign of His present Majesty, intituled, "An Act for making and maintaining a Navigable Canal from the City of Hereford to the City
of Gloucester, with a Collateral Cut from the same to
the Town of Newent, in the County of Gloucester;
and to amend the said Act," was committed.
Gibson and Johnson against Master et al., in Error:
The Order of the Day being read for the further
Consideration of the Writ of Error, wherein Thomas
Gibson and Joseph Johnson are Plaintiffs, and Richard
Master, and others, are Defendants; and for the
Judges to deliver their Opinions upon the Questions
of Law put to them on the 15th of May last.
Judges Opinion delivered:
The Lord Chief Justice of the Court of Common
Pleas delivered the unanimous Opinion of the Judges
present upon the said Questions;
Upon the First Question—"That upon the State of
the Evidence given for the Plaintiffs in this Case, it
was not competent for the Defendants to insist upon
the Jury being discharged from giving a Verdict by
demurring to the Evidence, and obliging the Plaintiffs
to join in Demurrer, without distinctly admitting upon
the Record every Fact and every Conclusion of Fact
which the Evidence given for the Plaintiffs conduced
to prove."
Upon the Second Question—"That they humbly
conceived that no Judgment can be given upon this
Record."
Upon the Third Question—"That a Venire Facias de
Novo ought to be awarded." And gave his Reasons.
Then the following Order and Judgement was made.
"Whereas, by Virtue of His Majesty's Writ of
Error returnable into the House of Lords in Parliament assembled, a Record of the Court of King's
Bench was brought into this House on the 20th of
March 1792, wherein Thomas Gibson and Joseph
Johnson are Plaintiffs, and Richard Master, Edward
Dawson, George Brooks, John Kirton, Ralph Clayton,
and John Dixon are Defendants, in order to Reverse a
Judgement given in the Court of King's Bench for
the said Defendants; and Counsel having been heard
on Tuesday the 14th and Wednesday the 15th Days of
May last, to argue the Errors assigned upon the said
Writ of Error, and the unanimous Opinion of the
Judges having been delivered upon Questions of Law
to them proposed, and due Consideration had of
what was offered on either Side in this Cause."
Judgement reversed and a Venire Facias de Novo awarded.
"It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That
the said Judgement given in the Court of King's Bench
for the said Defendants be, and the same is hereby
Reversed." And it is further ordered, "That the said
Court do award a Venire Facias de Novo, and proceed
according to Law, and that the Record be remitted
into the said Court of King's Bench."
The Tenor of which Judgement to be affixed to the
Transcript of the Record is as follows; (videlicet)
"On which Day before our Lord the King and the
Peers in the same Court of Parliament, now here at
Westminster, in the said County of Middlesex assembled, come as well the said Thomas Gibson and Joseph
Johnson in their proper Persons, as also the said Richard Master, Edward Dawson, George Brooks, John
Kirton, Ralph Clayton, and John Dixon, by their
Attorney aforesaid, whereupon all and singular the
the Premises having been seen, and by the said Court
of Parliament here fully understood as well the Record
and Proceedings aforesaid as the several Matters above
assigned for Error, by the said Thomas Gibson and
Joseph Johnson, being diligently examined, and mature
Deliberation being thereupon had, it appears to the said
Court of Parliament now here, that the Judgement
given in the said Court of King's Bench is erroneous,
and that the same be, and the same is hereby accordingly reversed; and that the said Court of King's
Bench do award a Venire Facias de Novo, and proceed
according to Law."
Gibson and Johnson against Hunter in Error.
Ordered, That Counsel do attend To-morrow to
argue the Errors assigned upon the Writ of Error
wherein Thomas Gibson and Joseph Johnson are Plaintiffs,
and Robert Hunter is Defendant.
Lottery Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act for granting to His
Majesty a certain Sum of Money to be raised by a
Lottery;" to which they desire the Concurrence of
this House.
Post-Horse Duty Farming Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act for further continuing for a limited Time, an Act made in the
Twenty-seventh Year of the Reign of His present
Majesty, intituled, "An Act to enable the Lord
High Treasurer or Commissioners of the Treasury, for
the Time being to let to Farm the Duties granted by
an Act made in the Twenty-fifth Year of His present
Majesty's Reign, on Horses let to Hire for travelling
Post, and by Time, to such Persons as should be
willing to contract for the same;" to which they
desire the Concurrence of this House.
Corn Regulation Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act to amend an Act
made in the Thirty-first Year of the Reign of His
present Majesty, intituled, "An Act for regulating
the Importation and Exportation of Corn, and the
Payment of the Duty on foreign Corn imported, and
of the Bounty on British Corn exported;" to which
they desire the Concurrence of this House.
The said Three Bills were, severally, read the First
Time.
Sir H. Bridgeman's Estate Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
To return the Bill, intituled, "An Act to enable
Sir Henry Bridgeman, Baronet, and after his
Death other Persons, to grant building Leases of
his settled Estates at or near Bolton-in-le-Moors,
in the County of Lancaster, for long Terms of
Years;" and to acquaint this House, That they have
agreed to the same, without any Amendment.
Darby and St. Johns' Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
To return the Bill, intituled, "An Act for confirming and rendering effectual a Partition and Division
between William Thomas Darby Esquire and Saint
Andrew Saint John Esquire, of divers Manors, Lands,
and Hereditaments, (heretofore the Estate of Richard
Jackson Esquire, deceased,) in the several Counties
of Norfolk, Essex, Surrey, Middlesex, and the City
of London, and for limiting and settling the specific
Parts thereof, which, upon such Partition and Division, were allotted to each of them, to the several
Uses therein mentioned;" and to acquaint this House,
That they have agreed to the same, without any Amendment.
Bewicke's Divorce Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
To return the Bill, intituled, "An Act to dissolve the
Marriage of the Reverend Calverley John Bewicke,
Clerk, with Mary Elizabeth, otherwise Mary Eliza
Vaughan, his now Wife, and to enable him to marry
again, and for other Purposes therein mentioned;"
and to acquaint this House, That they have agreed to
the same, without any Amendment.
D. Norfolk's Estate Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
To return the Bill, intituled, "An Act for enabling
Richard William Howard Vyse, an infant Trustee, to
join in making an Exchange of Part of the Estate of
the Most Noble Charles Duke of Norfolk, with
Francis Forrand Foljambe Esquire;" and to acquaint
this House, That they have agreed to the same, with
some Amendments, to which they desire Their Lordships Concurrence.
Lever's Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
To return the Bill, intituled, "An Act to enable
James Lever, of Hindley in the County of Lancaster, Esquire, to make Grants in Fee, and also
to grant Building Leases of certain Estates in the
Township of Bolton-le-Moors, in the said County;"
and to acquaint this House, That they have agreed to
the same, without any Amendment.
Odiham Road Bill.
A Message was brought from the House of Commons,
by Mr. Chewton and others:
With a Bill, intituled, "An Act for repairing and
widening the Road from Odiham to Alton, in the
County of Southampton;" to which they desire the
Concurrence of this House.
Hollym Enclosure Bill.
A Message was brought from the House of Commons,
by Mr. Wilberforce and others:
With a Bill, intituled, "An Act for dividing and
enclosing the Open Fields, Meadows, Pastures, and
Carrs, within the several Townships of Hollym and
Withernsea, in the Parish of Hollym, in the East
Riding of the County of York; and for making a
Compensation in Lieu of the Tythes thereof, and also
of the Tythes of the ancient enclosed Lands in the
said Townships;" to which they desire the Concurrence of this House.
Thirsk Enclosure Bill.
A Message was brought from the House of Commons,
by Mr. Wilberforce and others:
With a Bill, intituled, "An Act for dividing and
enclosing a certain Moor or Common called Thirsk
West Moor, and Calton and Sandhutton Commons, in
the Parish of Thirsk, in the North Riding of the
County of York, and several Parcels of Moor or
Common Land, being Part of Bagby High Moor,
lying within the several Townships of Thirsk, Bagby,
and Balk, in the said Riding;" to which they desire
the Concurrence of this House.
Anglesey Copper Mines Bill.
A Message was brought from the House of Commons,
by Mr. Williams and others:
With a Bill, intituled, "An Act to amend an Act
made in the Twenty-sixth Year of the Reign of His
present Majesty, intituled, "An Act for allowing a
Drawback of the Duties upon Coals used in smelting
Copper and Lead Ores, and in Fire Engines for
draining Water out of the Copper and Lead Mines,
within the Isle of Anglesey;" to which they desire the
Concurrence of this House.
The said Four Bills were, severally, read the First
Time.
Patentees Rights Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
securing the Rights of Patentees in certain Cases,
from the Encroachments of Foreigners."
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.
Llanferres Enclosure Bill, King's Consent signified.
The Lord Grenville acquainted the House, "That
His Majesty having been informed of the Contents of
the Bill, intituled, "An Act for dividing, allotting,
and enclosing certain Common and Waste Lands, in
the Parishes of Llanferres, in the County of Denbigh,
and Kilken in the County of Flint;" was pleased to
consent (as far as His Majesty's Interest is concerned)
that Their Lordships may proceed therein, as they
shall think fit."
The Lord Bishop of Bangor reported from the Lords
Committees, to whom the last-mentioned Bill 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."
Frodsham Enclosure Bill.
The Lord Bishop of Bangor made the like Report
from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing
certain Commons and Waste Lands, within the Town
and Lordship of Frodsham, and the Township of
Helsby, in the Parish of Frodsham, in the County of
Chester," was committed.
Ochiltree Peerage, Report from Committee:
The Lord Cathcart reported from the Lords Committees for Privileges, to whom was referred the Petition of Andrew Thomas Lord Castle Stewart, of the
Kingdom of Ireland, claiming the Title and Dignity of
Lord Ochiltree, together with His Majesty's Reference
thereof to this House: "That the Committee had met
and considered of the said Petition, and heard Counsel
and Witnesses for the Petitioner, as also His Majesty's
Attorney General on behalf of the Crown, and had
come to the following Resolution; (videlicet)
"Resolved, That it doth not appear to this Committee, That the Lord Castle Stewart claiming the
Title and Dignity of Lord Ochiltree, hath made out
his Claim to the said Title and Dignity."
Which Report, being read by the Clerk, was agreed
to by the House.
Resolution that the Petitioner hath not made out his Claim.
Resolved and Adjudged by the Lords Spiritual and
Temporal in Parliament assembled, That the Petitioner
hath not made out his Claim to the Title, Honour, and
Dignity of Lord Ochiltree.
Ordered, That the said Resolution and Judgement
be laid before His Majesty, by the Lords with White
Staves.
Election of Peers for Scotland, Report from Committee:
The Order of the Day being read for receiving the
Report from the Committee for Privileges, to whom
were referred the several Petitions, relative to the Return
of the Peers chosen for that Part of Great Britain called
Scotland, of the several Resolutions come to by the said
Committee:
The Lord Cathcart accordingly reported from the
said Committee, "That the Committee had met, and
considered the said several Petitions referred to them,
and had heard Counsel on Behalf of the several Petitioners, as also on Behalf of the several Persons interested in the Matter of the said Petitions, as also the
Attorney General, and the Lord Advocate for Scotland, on Behalf of His Majesty, and had examined
Witnesses in relation to the several Matters therein
contained, and had come to the following Resolutions; (videlicet)
1. "Resolved, That it is the Opinion of this
Committee, that the Earl of Roseberry, the Earl of
Deloraine, the Lord Viscount Dumblaine, the Lord
Sinclair, the Lord Lindores, and the Lord Fairfax,
did duly take the Oaths, and subscribe the Declaration prescribed in the Statute of the Sixth of Queen
Anne, in order to entitle themselves to vote at the
Election of Sixteen Peers, for that Part of Great Britain called Scotland, on the 24th Day of July 1790,
and that the Fact of their having taken the said Oaths,
and of their having subscribed the said Declaration,
was sufficiently certified at the said Election, pursuant
to the Directions of the said Statute."
2. "Resolved, That it is the Opinion of this Committee, that the Votes given by the Person who voted
at the said Election, under the Title of Lord Belhaven,
were not good."
3. "Resolved, That it is the Opinion of this Committee, that Francis Lord Napier was entitled to vote
at the said Election."
4. "Resolved, That it is the Opinion of this Committee, that the Votes given at the said Election, by
the Person who voted under the Title of Lord Newark,
were not good."
5. "Resolved, That it is the Opinion of this Committee, that the Votes given at the said Election by
the Lord Kinnaird for himself, and as Proxy for
the Lord Dysart and the Lord Cranstoun, were
good."
6. "Resolved, That it is the Opinion of this Committee, That the Votes given by the Lord Lindores, at
the said Election were not good."
7. "Resolved, That it is the Opinion of this Committee, that the Votes given by the Earl of Moray, at
the said Election were good."
8. "Resolved, That it is the Opinion of this Committee, that the Votes given by the Earl of Moray, as
Proxy for the Earl of Caithness, were good."
9. "Resolved, That it is the Opinion of this Committee, that the Tender of the Votes of the Duke of
Queensberry and the Earl of Abercorn, by sending to
the Lord Clerk Registrar or his Deputies, signed
Lists, together with proper Documents of their having respectively qualified themselves as by Law required to vote, was a due and sufficient Tender of
their Votes at the said Election."
The first Resolution was read by the Clerk.
Report agreed to.
Moved, "To agree with the Committee in the said
first Resolution."
Which being objected to;
The Question was put thereupon?
It was resolved in the Affirmative.
The second Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said second Resolution."
The Question was put thereupon?
It was resolved in the Affirmative.
The third Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said third Resolution."
The Question was put thereupon?
It was resolved in the Affirmative.
The fourth Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said fourth Resolution."
The Question was put thereupon?
It was resolved in the Affirmative.
The fifth Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said fifth Resolution."
The Question was put thereupon?
It was resolved in the Affirmative.
The sixth Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said sixth Resolution."
Which being objected to;
The Question was put thereupon?
It was resolved in the Affirmative.
The seventh Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said seventh Resolution."
The Question was put thereupon?
It was resolved in the Affirmative.
The eighth Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said eighth Resolution."
Which being objected to;
The Question was put thereupon?
It was resolved in the Affirmative.
The ninth Resolution was read by the Clerk.
Then it was moved, "To agree with the Committee
in the said ninth Resolution."
Which being objected to;
An Amendment was proposed to be made to the said
Resolution, by adding at the End thereof, the Words
("and which Votes the Clerks officiating for the Lord
Clerk Registrar ought to have received.")
After Debate,
The Question was put, "Whether the said Words
shall be there added?"
It was resolved in the Negative.
Then it was moved, "To agree with the Committee
in the said Resolution as at first proposed."
The Question was put thereupon?
It was resolved in the Affirmative.
DISSENTIENT:
Protests against agreeing to Ninth Resolution:
"Because the noble Personages whose Votes are declared by the above Resolution to have been duly
and sufficiently tendered, being at that Time Peers of
Great Britain by Patent, seem to have assumed a Right
of Voting at the Election of Peers of Scotland to which
they had no legal Claim. The Articles of Union and
the different Acts of Parliament passed in consequence
of that Treaty appearing to provide every Regulation
respecting the Election of the Peers of Scotland, with
a Reference to the precise State of the Peerage of Scotland at the Period of the Union; particularly in the
Act of 1708, where a special Proviso is enacted, directing the Manner in which such Peers of Scotland
as are also Peers of England, shall sign their Proxies
and Lists, no Mention whatever is made of such Peers
of Scotland as may in future be created by Patent,
Peers of Great Britain.
2. Because the only Court competent to decide on
the Merits of the Elections of the Sixteen Peers,
namely, this House, has by a Resolution of January
21st 1708, distinctly declared, "That a Peer of
Scotland claiming to sit in the House of Peers, by
virtue of a Patent passed under the Great Seal of
Great Britain after the Union, and who now sits in
the Parliament of Great Britain, had no right to Vote
in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament." A
Copy of which Resolution was on May 18th 1787,
ordered by the House to be signed by the Clerk of
the Parliaments, and transmitted to the Lord Clerk
Registrar of Scotland, with Injunction to him to conform thereto.
3. Because the Claim of the Noble Duke and the
Noble Earl above mentioned, to vote at the said
Election under the then existing Circumstances, appears to have been unsupported by any Act of the
Legislature, and in direct contradiction to the repeated
Resolution and Orders of this House.
And lastly, because it is presumed, that no Tender
of a Vote, however accurate in Point of Form, can
be declared to be due and sufficient when the Person
so tendering it, was not at the Time legally entitled
to the Franchise of Election.
"Leeds.
Hay."
DISSENTIENT:
1. Because this Resolution is utterly incompatible
with all rational Construction of the 22d Article of
the Treaty of Union, subversive and destructive of
those Rights and Advantages which are reserved to
the Peerage of Scotland, by that solemn National
Compact. The Principles of their Representation
appear equally violated, whether it be considered as
a Compensation for the Rights which the Scottish
Nobility surrendered, or as a Security and Guard for
the Rights which they retained.
The Right of Representation being given to the
Peers of Scotland for the Loss of their hereditary
Seat in Parliament; nothing seems more evident than
that the Compensation cannot be justly claimed by
those who no longer suffer the Loss. But while by
this Resolution the elective Right is lavished on those
who have recovered an hereditary Seat, its worth
and value is diminished to the Peers of Scotland, who
were justly entitled to that growing Importance of
their Suffrage, which was to arise either from the
operation of Time in lessening their Number, or from
the Promotion of their more favoured Brethren to
a superior Class of Peerage.
To attain a Purpose so iniquitous and absurd as
that of indemnifying Men for a Loss under which they
no longer labour at the Expence of those who continue to suffer it, we are to accumulate on the Heads
of one description of Lords elective Franchise and
hereditary Right, in a Manner new in Precedent, subversive of that Equality which is the basis of Peerage,
and of that Separation of original from delegated
Right which forms the Principle of Representation.
Nor is it less manifest, that all the Security which the
Peers of Scotland derive from the Seat granted to
their Representatives in the Parliament of Great Britain, is destroyed by this Resolution. Peers of Great
Britain, or those who are elected by Peers of Great
Britain, can in no reasonable or honest Sense be
called Representatives of the Peers of Scotland. The
Object of Representation cannot be obtained without
Identity of Interest, it implies at least some Controul
on the Representative, some Responsibility to the Constituent. But the most important Interests of the
Peers of Great Britain might survive the destruction
of the Peerage of Scotland, and they possess no shadow
of Check or Controul over pretended Representatives,
who after having betrayed their dearest Rights, would
still retain hereditary Seats in this House in contempt
of their rejection, and in defiance of their displeasure.
The utmost extremes of Absurdity and Injustice
are the Result of that Construction of the Treaty of
Union which is necessary to justify this Resolution.
His Majesty may in process of Time be pleased to raise
a Majority of the Peerage of Scotland to the Rank of
British Peers. That Majority may elect Sixteen Representatives of their own Number. Thus Constituents who have no Interest in maintaining the Rights
of the Scotch Nobility, will nominate Representatives equally unconcerned in the Maintenance of
its Privileges; the Stipulations of the Treaty of
Union become futile and nugatory; the Peers of
Scotland are stript of all Protection and Defence,
though for their Protection and Defence alone
was the Election instituted, and the Representation constructed. Now let this reasoning be
rejected, under Pretence that Arguments from injurious Consequences have no force in the Interpretation of Law; among the various Aids for the Construction of ambiguous Laws none is more important
than the reasonable Presumption that it is not the
Intention of the Legislature to enact Absurdity, or to
ordain Injustice. The Principle of this Article of
the Treaty of Union, was to give a real and substantial Representation to the Peerage of Scotland, in
the House of Lords of the Parliament of Great Britain. Every Construction of it therefore ought to be
rejected as repugnant to its Intention and Purpose,
which tends to impair and destroy that Representation, to reduce their Right of Suffrage to an Illusion
and a Mockery, worthless as a Compensation for the
splendid Rights which they have sacrificed; impotent
as a Defence for the slender Privileges they have
reserved; contemptible in Value, and precarious in
Enjoyment.
2. Because we conceive the Case of those Peers of
Scotland who were Peers of England before the
Union, to furnish no valid or conclusive Objection
against these Reasonings. Their full Rights of Peerage in both Kingdoms are doubtless protected by the
Treaty of Union, and their Case is therefore excepted
from the Application of the general Principles of Representation to the elective Peerage of Scotland. To
extend that excepted Case to the present Question
appears only the last Resource of a feeble Sophistry
compelled to infer a Rule from a Deviation, and to
erect an Exception into a Principle.
Because the Peers of Scotland made no Effort against
the defined and ascertained Rights of a small Body of
Men, it is not therefore to be presumed that they
were to submit to that progressive Diminution of their
Importance, and that possible final Extinction of their
Privileges, which are sanctioned and established by
the Principle of the present Decision. On the Contrary, the Language of the Framers of the Union,
uniformly discriminate between those who were Peers
of England before that Treaty, and those who were
created Peers of Great Britain after it, as distinct and
separate Bodies of Men, who might enjoy different
Rights, and to whom different Modes of reasoning
might be applicable. Instead of multiplying Instances
of this Discrimination it is sufficient to produce the
memorable and decisive Example in 1708, when a
sense of the Distinction was so strong that the Objection against the Vote of English Peers at the Scotch
Election was abandoned as untenable, even by those
who had urged it, while the Objection to the same
Right of Peers of Great Britain was received as valid
and conclusive by this House, and formed the basis
of that solemn Decision which till now has been the
rule and guide of our Proceedings.
3. Because if the Sense of the Treaty of Union
had been more dubious, and its Construction on general Principles more equivocal, we should still deem
it to have been conclusively interpreted with regard
to us, by the solemn Decision and uniform Practice
of this House.
On the 21st Day of January 1708-9, it was resolved by this House, "That a Peer of Scotland
claiming to sit in the House of Peers by virtue of a
Patent under the Great Seal of Great Britain, since
the Union, and who now sits in the Parliament of
Great Britain, had no Right to vote in the Election
of the Sixteen Peers, who are to represent the Peers
of Scotland in Parliament."—A Decision which appears to us to contain a Principle of the Law of Parliament, respecting the Scottish Peerage, only inferior
in Force and Authority to the express Stipulations of
the Treaty of Union itself. To so solemn a Determination have been added all the Weight and Sanction
which uninterrupted Practice could bestow. Vainly
will it be urged that the Resolution of the 20th December 1711, impeaches the Uniformity of this
Practice. The Questions before the House in 1708
and 1711, were separate and distinct; but Decisions
cannot be contradictory unless they regard the same
Object, and pronounce differently on the same Question. The Lords indeed who protested against the
Injustice of the last Resolution, render due Homage
to the Principle of that of 1708; and so uniform was
the Conviction of its Justice, that Lords who suffered
from the Resolution of 1711, did at the Election of
Scotch Peers in 1734, claim their elective Franchise
on the sole Ground and Reason that they were deprived of their hereditary Seats, these two Rights
being from Authority and from Reason, from
Usage and from Principle, equally understood to be
incompatable.
This Principle of Parliamentary Law thus founded
on Reason, thus confirmed by Decision and Usage, is
now subverted, and with it must perish all Trust in
the stability of the Judgements of this House; consistency in Determination and adherence to Practice
have ever prevailed in well constituted Judicatures;
since uniformity in the application of Law, is of the
same importance to Men with clearness in the Law itself. This great Principle so important in all Judicatures, is of peculiar Necessity in Courts of high and
extensive Jurisdiction, where the Errors of the Judge
are more fatal, and the Temptation to the Abuse of
Authority more strong. But it is above all indispensible in Assemblies which mingle political Functions
with judicial Power. An immutable and inflexible
consistency of Decision can alone protect their Honesty from their own Infirmities, and their Character
from Ignominy and general Comtempt. We have
seen an Assembly thus circumstanced, after having
long adapted its fluctuating Decisions to the varying
Interests of Candidates or Ministers, at length reduced
to the humiliating Necessity of making the Confession
of its own Corruption, the Ground of resigning its
Rights of Judicature. We are to dread that a similar
instability of Decision, likely to be the Instrument of
Purposes equally ambigious, may reduce the Jurisdiction of this House to be an Object of similar distrust, degradation and contempt.
4. Because even if we had been convinced that the
Treaty of Union was ill interpreted by the Principle
of its Stipulations, by the Opinion of its Framers, by
the solemn Decision and uniform Practice of the only
Tribunal competent to construe and apply it; We
should still regard the retro-active Effect of this Determination as a flagrant Act of Injustice, and a gross
Fraud and Delusion practised on the Peerage of Scotland. Under the Faith and Authority of Resolutions
of this House, transmitted to them as the Rule of
their Conduct, did they at their last Election vote:
But these Resolutions are now retro-actively rescinded:
The Compact of this House with those Peers who
obeyed its Injunctions is violated, and the Claims of
those who contemned them triumphant. A Reward is
granted to Disobedience, while those who have been
circumvented by our Resolutions, into any Trust in
the Faith, or respect for the Authority of this House,
find themselves disfranchised by their Confidence, and
punished for their Obedience. No Rule of Action
being derivable from fluctuating and contradictory
Decisions, there is now left no Guide for the Conduct
of the Peers of Scotland, but the temporary Caprice
or the corrupt Interest of Ministers, and Majorities of
this House, a Condition of abject Servitude little to
have been apprehended for their Posterity by the
Scottish Nobility, when they entrusted them and their
Rights to the good Faith of a perpetual, predominant,
increasing, and irresistible Majority of Peers, over
whom there existed not the Check of common Interest, and against whose Decisions they left themselves
without Protection or Defence.
"Lauderdale."
E. Kinnoull's Petition:
A Petition of Robert Auriol Earl of Kinnoul, and Lord
Hay of Pedwardine, was presented and read; setting
forth, "That the Petitioner is a Peer of Scotland, and
is likewise a Peer of Great Britain, sitting in this
House, by virtue of a Patent passed under the Great
Seal of Great Britain after the Union, and he is
therefore entitled to all the Privileges which any
other Person having, in him, both Characters, can
legally exercise. That upon the 21st Day of January
1708-9, this House came to the following Resolution,
as appears by the Journals, (videlicet) "That a Peer
of Scotland claiming to sit in the House of Peers, by
virtue of a Patent passed under the Great Seal of
Great Britain after the Union, and who sits in the
Parliament of Great Britain, has no right to vote in
the Election of the Sixteen Peers who represent the
Peers of Scotland in Parliament;" that from the Date
of the said Resolution, till the Year 1787, there was
no Instance of a Peer within the said Description,
voting or attempting to vote in the Elections of the
Peers of Scotland. That upon the 18th of May
1787, this House was pleased to order a Copy
of the said Resolution to be transmitted by the
Clerk of Parliament to the Lord Clerk Registrar of
Scotland, with an Injunction to him to conform
thereto, and such Copy was transmitted accordingly.
That upon the 21st of April 1788, the House resolved, "That it is the Opinion of this House, that
the Lord Clerk Registrar, and his Deputies, acting at
the Election of the Scots Peers, ought to conform to
the Resolutions of this House, of which they have
had Notice by Order of the House." That it appears
by the Minutes of the late Election of the Sixteen
Peers to represent the Peerage of Scotland in the present Parliament, held in pursuance of His Majesty's
Royal Proclamation, upon the 24th of July 1790, of
which Minutes an authentic Copy has been exhibited
to their Lordships; that the Clerks of Session officiating as the Deputies of the Lord Clerk Registrar,
stated to the Peers assembled, "That they had received signed Lists from the Duke of Queensberry and
the Earl of Abercorn, which, in consequence of the
Resolution of this House, they were not to reckon in
the Return." "That the Reason of this Conduct
was, that it being notorious that the Duke of Queensberry and Earl of Abercorn were Peers of Great Britain, within the Description of their Lordships' Resolution of 1708-9, the Clerks considered the Resolution as declaratory of the Law, and that they were
obliged, at their Peril, to give Obedience to their
Orders, and reject such Votes. That the Lists so
said to have been signed by the Duke of Queensberry
and Lord Abercorn, and received by the Clerks,
were not read or produced to the Meeting of the Peers,
nor did the Petitioner, or the said Meeting, know
for whom the said Duke of Queensberry and Earl of
Abercorn, by their said Lists, signified their Intention
to Vote. That it further appears, by the said Minutes
of the Election, that the Petitioner was present,
and qualified himself in Terms of Law, but that he
did not offer to Vote; declaring himself to be decidedly of Opinion, that Peers of Scotland, situated
as he was, had no right to Vote, and that he did
not intend to claim his Vote upon the then Occasion,
unless the Votes of other Peers, in a similar situation, had been received; in which Case he would
have thought it incumbent on him to give his Vote,
in order to counteract, as far as he could, what he
held to be improper and illegal. That what has been
so mentioned by the Clerks in the Minutes is agreeable to the Truth, and the Petitioner, upon his Honour, declares, and is ready to make Oath, if the
House thinks proper to require his Oath, that he abstained from voting, or tendering his Votes, because
of the Declaration of the Clerks, that they were not
to reckon the Votes of the Duke of Queensberry and
Lord Abercorn, and because their Lists were not produced and read, for that if the Clerks had acted otherwise, he meant to have given or tendered his Votes
for the Peers following, that is to say, the Marquis of
Tweeddale; the Earls of Glencairn, Strathmore, Lauderdale, Dumfries, Elgin, Selkirk, Breadalbane, Aberdeen, and Hopetoun; the Lord Viscount Stormont, and
the Lords Saltoun, Gray, Cranstoun, Elibank, and
Kinnaird. And the Petitioner further declares, upon
his Honour, and is ready to make Oath, if required,
that he would have given or tendered his Votes accordingly, had it entered his Imagination that the
Votes of the Duke of Queensberry and the Earl of
Abercorn would or could have been received or
reckoned good in any other Stage of the Business.
That the said Duke of Queensberry and Earl of Abercorn having presented their Petitions to this House,
complaining that their Votes were not received at the
said Election, and praying that the same might be
reckoned; and certain Peers of Scotland, Candidates
at the said Election, having presented their Petitions
to this House, praying to have the Benefit of the said
Votes, as duly given or tendered, their Lordships
have lately Resolved, "That the Votes of the said
Duke and Earl ought to be reckoned, if duly tendered; and the Committee of Privileges having Resolved, That the said Votes were duly tendered, this
House has now agreed with the Resolution of the
Committee, that the Petitioner cannot allow himself to suppose that their Lordships having thus
admitted the Votes of the Duke of Queensberry
and of the Earl of Abercorn, tendered in the
Manner above-mentioned, by Lists not produced or
read, will or can refuse to admit the Votes of the Petitioner in like Manner. This House cannot permit
an Advantage to be obtained by the said Duke and
Earl, and the Candidates favoured by them, derived
from their acting against the Resolutions of the House
then standing in full Force, over the Petitioner who
acted in Conformity to the Resolutions, and over the
Lords whom he favoured. Neither can the Petitioner
imagine that his Case will be said to come within the
Spirit of the Order Their Lordships made, That all
Peers of Scotland meaning to complain of any Thing
relative to the late Election should present their Petitions within a given Time, now long past, for it was
their own Resolution and the Respect he entertained
for this House, which led him to think that as he had
no Interest in the Election, though a Peer of Scotland,
so he could have no Right, and that it would have
been indecent to Petition. He is now taught otherwise,
and conceives it to be a Duty he owes to himself, and
to those Peers who ought to have the Benefit of his
Votes, to make this Application;" and therefore
praying the House, "To take the Premises into their
Consideration, and to admit the Votes so meant to
have been given by him, and give such Orders on the
subject Matter of this Petition as Their Lordships'
great Wisdom and Regard to Justice, Consistency,
and their own Dignity may dictate." And the Petitioner prays, "That at any rate, he may be allowed to
be heard by his Counsel, touching the Matters aforesaid."
Motion that Petitioner be heard, negatived:
Moved, "That the Petitioner be heard by his Counsel as prayed by his said Petition."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Ordered, That the said Petition do lie on the
Table.
Motions respecting his Lordship's Vote at Election, negatived.
Moved to resolve, "That Robert Auriol, Earl
of Kinnoull, and Lord Hay of Pedwardine, being
a Peer of Scotland, and likewise a Peer of Great
Britain sitting in this House, by virtue of a Patent passed under the Great Seal of Great Britain
after the Union, and having attended at the Meeting
of the Scottish Peers, on the 24th of July 1790, by
virtue of His Majesty's Royal Proclamation for the
Election of Sixteen Peers to represent the Peers of
Scotland in the present Parliament, and having duly
qualified himself to vote in the said Election, and
desired to be marked in the Sederunt, and offered to
vote therein for certain Peers of Scotland, whose
Names he is ready now to deliver to this House upon
his Honour, or upon his Oath if required, and having been prevented from voting in the said Election
by the peremptory Refusal of the Deputies of the
Lord Clerk Register, to admit the Votes of Peers in
a similar Situation, in humble Obedience to an Order
of this House, bearing date on the 18th of May 1787,
the said Vote ought to be considered as actually given
and reckoned accordingly for those Peers of Scotland,
for whom it was intended to be given."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Then it was moved, "To resolve, that the Vote of
the Earl of Kinnoull was duly tendered at the last
Election of Sixteen Peers of Scotland to represent
the Peers of Scotland in the Parliament of Great
Britain."
Which being objected to;
The Question was put thereupon?
It was resolved in the Negative.
Constables, &c. Fines Bill.
The Order of the Day being read for the House to
be put into a Committee upon the Bill, intituled, "An
Act to authorize Justices of the Peace to impose
Fines upon Constables, Overseers, and other Peace
Officers for Neglect of Duty; and on Masters of
Apprentices for ill Usage of such their Apprentices;
and also to make Provision for the Execution of Warrants of Distress granted by Magistrates:"
Ordered, That the said Order be discharged.
Ordered, That the House be put into a Committee
upon the said Bill To-morrow.
Election of Peers for Scotland, Committee to calculate Number of Votes.
Ordered, That a Committee be appointed to make
a Calculation of the Number of Votes of the Peers
who voted at the Election of the Sixteen Peers for Scotland as they stand, according to the several Resolutions
of this House relative to the said Election.
Ordered, That the said Committee do meet Tomorrow at two of the Clock in the Afternoon, in the
Prince's Lodgings, near the House of Peers; and having
made such Calculation do report to the House.
Ordered, That all the Lords who have been or
shall be present this Session, be added to the said Committee.
Lickbarrow and Wright against Mason et al., in Error.
Ordered, That the further Consideration of the
Cause, wherein William Nowell Lickbarrow and Ralph
Wright are Plaintiffs, and Edward Mason and others are
Defendants, which stands appointed for this Day, be put
off till To-morrow.
The King against Amery, in Error.
Ordered, That the further Consideration of the Petition of the Relator in the Cause between the King
against Amery, which stands appointed for this Day, be
put off till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
septimum diem instantis Junii, horâ undecimâ Auroræ,
Dominis sic decernentibus.
DIE Veneris, 7o Junii 1793.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Epus. Bangor.
Epus. Exon. |
Ds. Loughborough,
Cancellarius.
March. Stafford,
C. P. S.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Derby.
Comes Sandwich.
Comes Shaftesbury.
Comes Poulett.
Comes Lauderdale.
Comes Dumfries.
Comes Stanhope.
Comes Graham.
Comes Kerr.
Comes Fitzwilliam.
Comes Powis.
Comes Hardwicke.
Comes Radnor.
Comes Mount Edgcumbe.
Comes Mansfield,
Middlesex.
Viscount Wentworth.
Viscount Sydney. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Cathcart.
Ds. Hay.
Ds. Chedworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Boston.
Ds. Hawke.
Ds. Amherst.
Ds. Harrowby.
Ds. Walsingham.
Ds. Porchester.
Ds. Grantley.
Ds. Hawkesbury.
Ds. Douglas of
Douglas.
Ds. Douglas of Lochleven. |
PRAYERS.
Gibson and Johnson against Hunter in Error:
The Order of the Day being read for the Hearing
of Counsel to argue the Errors assigned upon the Writ
of Error wherein Thomas Gibson and Joseph Johnson
are Plaintiffs, and Robert Hunter is Defendant:
Counsel were accordingly called in.
And one Counsel for the Plaintiffs having been
heard:
As also one Counsel for the Defendant:
The Counsel were directed to withdraw.
Then the following Order and Judgement was made:
Whereas by virtue of His Majesty's Writ of Error
returnable into the House of Lords in Parliament
assembled; a Record of the Court of King's Bench
was brought into this House on the 20th of March
1792, wherein Thomas Gibson and Joseph Johnson are
Plaintiffs, and Robert Hunter is Defendant, in order
to reverse a Judgement given in the Court of King's
Bench for the said Defendant; and Counsel having
been heard this Day to argue the Errors assigned upon
the said Writ of Error, and due Consideration had
of what was offered on either side in this Cause:
Judgement reversed, and a Venire Facias de Novo awarded.
"It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That
the said Judgement given in the Court of King's
Bench for the said Defendant, be and the same is
hereby reversed; and it is further Ordered, That the
said Court do award a Venire facias de novo, and proceed according to Law, and that the Record be remitted into the said Court of King's Bench."
The Tenor of which Judgement, to be affixed to the
Transcript of the Record, is as follows; (videlicet)
On which Day before Our Lord the King, and the
Peers in the same Court of Parliament now here at
Westminster, in the said County of Middlesex, assembled, come as well the said Thomas Gibson and Joseph
Johnson in their proper Persons, as also the said
Robert Hunter by his Attorney aforesaid, whereupon
all and singular the Premises having been seen, and
by the said Court of Parliament here, fully understood, as well the Record and Proceedings aforesaid,
as the several Matters above assigned for Error, by
the said Thomas Gibson and Joseph Johnson, being
diligently examined, and mature Deliberation being
thereupon had, it appears to the said Court of Parliament now here, that the Judgement given in the
said Court of King's Bench, is erroneous, and that
the same be and the same is hereby accordingly
reversed, and that the said Court of King's Bench do
award a Venire facias de novo, and proceed according
to Law."
Essex Roads Bill.
The Lord Bishop of Bangor reported from the Lords
Committees, to whom the Bill, intituled, "An Act for
repairing the Roads leading from the Western Part of
the Parish of Shenfield to Harwich and Rochford, and
from Chelmsford to Ballingdon Bridge, and from Margaretting to Malden, and from Colchester to Dedham
Bridge, and from Lexden to the East End of the
Town of Haverill, and from High Garrett to Bulmer
Tie, and from Mark's Tey to Braintree, and from
Little Waltham to the End of the Parish of Great
Hallingbury, and from Malden to Braintree, 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;
and that the Committee had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Speeton Enclosure Bill.
The Lord Bishop of Bangor also reported from the
Lords Committees, to whom the Bill, intituled, "An Act
for dividing and enclosing the Open Fields, Lands,
Pastures, and Wastes, within the Township of
Speeton, in the Parish of Bridlington, in the East
Riding of the County of York," was committed:
That they had considered the said Bill, and examined the Allegations thereof, which were found
to be true; that the Parties concerned had given
their Consents to the Satisfaction of the Committee;
and that the Committee had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Southburn Enclosure Bill.
The Lord Bishop of Bangor made the like Report
from the Lords Committees, to whom the Bill, intituled,
"An Act for dividing, enclosing, and improving the
Open Fields, Meadows, Pastures, and Wastes, within
the Township of Southburn, in the Parish of Kirkburn, in the East Riding of the County of York," was
committed.
Hollym Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
dividing and enclosing the Open Fields, Meadows,
Pastures, and Carrs, within the several Townships of
Hollym and Withernsea, in the Parish of Hollym, in the
East Riding of the County of York, and for making
a Compensation in Lieu of the Tythes thereof, and
also of the Tythes of the ancient enclosed Lands, in
the said Townships."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
Ld. Privy Seal.
D. Leeds.
D. Portland.
D. Bridgewater.
M. Townshend.
E. Derby.
E. Sandwich.
E. Shaftesbury.
E. Poulett.
E. Lauderdale.
E. Dumfries.
E. Stanhope.
E. Graham.
E. Kerr.
E. Fitzwilliam.
E. Powis.
E. Hardwicke.
E. Radnor.
E. Mount Edgcumbe.
E. Mansfield,
Middlesex.
V. Wentworth.
V. Sydney. |
L. Abp. Canterbury.
L. Bp. Bangor.
L. Bp. Exeter. |
L. Grenville.
L. Willoughby Br.
L. Cathcart.
L. Hay.
L. Chedworth.
L. Ponsonby.
L. Walpole.
L. Boston.
L. Hawke.
L. Amherst.
L. Harrowby.
L. Walsingham.
L. Porchester.
L. Grantley.
L. Hawkesbury.
L. Douglas of
Douglas.
L. Douglas of
Lochleven. |
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.
Petition against it.
Upon reading the Petition of the Mayor, Aldermen,
and Burgesses of the Town of Beverley, in the East
Riding of the County of York, under their common
Seal, taking Notice of the last mentioned Bill; and
praying Their Lordships, "That they may be permitted
to be heard by their Counsel against the said Bill, and
that the same may not pass into a Law:"
It is Ordered, That the said Petition be referred to
the Committee to whom the said Bill stands committed,
and that the Petitioners be at Liberty to be heard by
their Counsel against the said Bill as desired, before the
said Committee; and that Counsel be heard for the Bill
at the same Time, if they think fit.
Thirsk Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
dividing and enclosing a certain Moor or Common
called Thirsk West Moor, and Calton and Sandhutton
Commons, in the Parish of Thirsk, in the North
Riding of the County of York, and several Parcels of
Moor or Common Land, being Part of Bagby High
Moor, lying within the several Townships of Thirsk,
Bagby, and Balk, in the said Riding."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on
Monday next, at the usual Time and Place; and
to adjourn as they please.
Bills passed by Commission.
The Lord Chancellor acquainted the House, "That
His Majesty had been pleased to issue a Commission to
several Lords therein named, for declaring His Royal
Assent to several Acts agreed upon by both Houses of
Parliament."
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners being in their
Robes, and seated on a Form placed between the Throne
and the Woolsack, the Lord Chancellor in the Middle,
with the Earl Graham on his Right Hand, and the
Lord Amherst on his Left; commanded the Yeoman
Usher of the Black Rod to signify to the Commons,
"The Lords Commissioners desire their immediate
Attendance in this House, to hear the Commission
read."
Who being come, with their Speaker;
The Lord Chancellor said,
My Lords, and Gentlemen of the House of Commons,
"His Majesty, not thinking fit to be personally present
here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby
given His Royal Assent to divers Acts, which have
been agreed upon by both Houses of Parliament, the
Titles whereof are particularly mentioned; and by the
said Commission hath commanded us to declare and
notify His Royal Assent to the said several Acts, in the
Presence of you the Lords and Commons assembled for
that Purpose; which Commission you will now hear
read."
Then the said Commission was read by the Clerk as
follows; (videlicet)
GEORGE R.
"George the Third, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender of
the Faith, and so forth: To Our right trusty and
right well-beloved, the Lords Spiritual and Temporal, and to Our trusty and well-beloved, the
Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting;
Whereas, We have seen and perfectly understood,
divers and sundry Acts agreed and accorded on by
you Our loving Subjects, the Lords Spiritual and
Temporal, and the Commons, in this Our present
Parliament assembled, and endorsed by you as hath
been accustomed, the Titles and Names of which
Acts hereafter do particularly ensue, (that is to say)
An Act for placing the Stock called East India Annuities under the Management of the Governor and
Company of the Bank of England, and ingrafting the
same on the Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of Four millions
two hundred thousand Pounds, owing by the Public
to the East India Company; and for enabling the said
Company to raise a Sum of Money by a further Increase of their Capital Stock, to be applied in discharge
of certain Debts of the said Company." "An Act
for vesting in His Majesty certain forfeited Estates in
Ireland, subject to the Disposition of the Parliament
of Ireland." "An Act for making and maintaining
a Navigable Canal from the River Dun Navigation
Cut at or near Stainforth, in the West Riding of the
County of York, to join and communicate with the
River Trent at or near Keadby, in the County of
Lincoln; and also a Collateral Cut from the said Canal
to join the said River Dun, in the Parish of Thorne,
in the said Riding." "An Act for making effectual
the Statute Labour in the Shire of Inverness, and for
levying Conversion Money in Lieu of Labour;
and for otherwise regulating, making, and repairing Highways and Bridges in the said Shire; and
for improving, widening, and lighting the Streets
within the Royal Burgh of Inverness." "An Act for
repairing and widening that Part of the Road leading
from Kelso towards the Town of Selkirk, which lies
to the Eastward of the Turnpike Road leading from
Jedburgh to Lauder, which crosses the River Tiviot,
near the Town of Kelso, and the Road leading from
Kelso towards Coldstream, to the Place where it joins
the Turnpike Road leading from Greenlaw to Coldstream, and from Kelso through Ednam, to Orange
Lane, in the Parish of Eccles, in the County of Berwick, and from the Ford at Newton Mill through
Ednam to Edenfoot, and from Kelso to Cornhill, in the
County of Durham." "An Act for enlarging the
Term and Powers of an Act passed in the Eleventh
Year of the Reign of His present Majesty, intituled,
An Act to continue and render more effectual two
Acts passed in the Twelfth Year of the Reign of King
George the First, and the Nineteenth Year of the Reign
of His late Majesty, for repairing the Road from
Market Harborough to Loughborough, in the County
of Leicester, and for repairing, widening, turning,
and altering the Road branching out of the aforesaid
Road at a Place called Filling Gate, to a Road called
the Foss Road, and from thence to the Turnpike
Road leading from Melton Mowbray to the Guide
Post in Saint Margaret's Field, Leicester." "An Act
for repairing, widening, altering, and improving the
Road from Heage, in the County of Derby, through
Belper to Duffield, in the said County." "An Act
for empowering the Committees or Committee for
the Time being, of the Estate of the Most Noble
Anna Eliza Duchess of Chandos, a Lunatic, to make
Leases of her Estate during her Lunacy, and for
other Purposes therein mentioned." "An Act for
confirming and rendering effectual a Partition and Division between William Thomas Darby Esquire, and
Saint Andrew Saint John Esquire, of divers Manors,
Lands, and Hereditaments, (heretofore the Estate of
Richard Jackson Esquire, deceased,) in the several
Counties of Norfolk, Essex, Surrey, Middlesex, and
the City of London, and for limiting and settling the
specific Parts thereof, which upon such Partition and
Division were allotted to each of them, to the several
Uses therein mentioned." "An Act to enable Sir
Henry Bridgeman Baronet, and after his Death other
Persons, to grant Building Leases of his settled Estates at or near Bolton-in-le-Moors, in the County of
Lancaster, for long Terms of Years." "An Act
to enable James Lever, of Hindley, in the County of
Lancaster, Esquire, to make Grants in Fee, and also
to grant Building Leases of certain Estates in the
Township of Bolton-in-le-Moors, in the said County."
"An Act for dividing, and enclosing the Open Fields,
Meadows, and Pastures within the Parish of Willoughby-on-the-Woulds, in the County of Nottingham."
"An Act for dividing, allotting, and enclosing the
Open Fields, Meadows, and Commonable Grounds
in the Parish or Lordship of Queneborough, in the
County of Leicester." "An Act for dividing and
enclosing the several Open Fields, Meadows, Pastures,
Commons and Waste Grounds within the Hamlet of
Taddington and Priestcliff, in the Parish of Blakewell,
and County of Derby." "An Act to dissolve the
Marriage of Edward Brown Esquire with Susanna
Solley his now Wife, and to enable him to marry
again; and for other Purposes therein mentioned."
"An Act to dissolve the Marriage of the Reverend Calverley John Bewicke, Clerk, with Mary Elizabeth,
otherwise Mary Eliza Vaughan, his now Wife, and to
enable him to marry again; and for other Purposes
therein mentioned." "And albeit the said Acts by
you Our said Subjects the Lords Spiritual and
Temporal, and Commons, in this Our present Parliament assembled, are fully agreed and consented
unto, yet nevertheless the same are not of Force
and Effect in the Law without Our Royal Assent given and put to the said Acts; and forasmuch as for divers Causes and Considerations,
We cannot conveniently at this Time be present in
Our Royal Person in the Higher House of Our said
Parliament, being the Place accustomed to give Our
Royal Assent to such Acts as have been agreed upon
by you Our said Subjects the Lords and Commons,
We have therefore caused these Our Letters Patent to
be made, and have signed the same; and by the same
do give and put Our Royal Assent to the said Acts,
and to all Articles, Clauses, and Provisions therein
contained, and have fully agreed and assented to the
said Acts; Willing, that the said Acts, and every
Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength,
Force, and Effect, as if We had been personally present in the said Higher House, and had openly and
publickly, in the Presence of you all, assented to the
same: And We do by these Presents declare and
notify the same Our Royal Assent as well to you the
Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also, by these Presents, Our right trusty
and well-beloved Counsellor Alexander Lord Loughborough, Our Chancellor of Great Britain, to seal
these Our Letters Patent with Our Great Seal of
Great Britain; and also, commanding Our Most
Dear and entirely-beloved Son and Most faithful
Counsellor George Prince of Wales; Our Most Dear
Sons and faithful Counsellors Frederick Duke of York,
William Duke of Clarence; Our Most Dear Brother
and faithful Counsellor William Duke of Gloucester;
the Most Reverend Father in God, our right trusty
and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England;
Our said Chancellor of Great Britain; Our right
trusty and right well-beloved Cousin and Counsellor
Charles Earl Camden, President of Our Council;
Our right trusty and entirely beloved Cousin and
Counsellor Granville Marquis of Stafford, Keeper
of Our Privy Seal; Our right trusty and right
entirely beloved Cousins and Counsellors John Frederick Duke of Dorset, Steward of Our Household;
Charles Duke of Richmond, James Duke of Montrose,
Master of Our Horse; Our right trusty and entirely
beloved Cousins and Counsellors James Marquis of
Salisbury, Chamberlain of Our Household; Thomas
Marquis of Bath, Groom of Our Stole; Our right
trusty and right well-beloved Cousin and Counsellor
John Earl of Chatham, first Commissioner of Our
Admiralty; and Our right trusty and well-beloved
Counsellors William Wyndham Lord Grenville, One
of Our Principal Secretaries of State; Jeffery Lord
Amherst, Charles Lord Hawkesbury, and Lloyd Lord
Kenyon, Our Chief Justice assigned to hold Pleas
before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our
Absence, in the said Higher House, in the Presence
of you the said Lords and the Commons of Our
Parliament, there to be assembled for that Purpose;
and the Clerk of Our Parliaments to endorse the
said Acts with such Terms and Words, in Our
Name, as is requisite, and hath been accustomed for
the same, and also to enroll these Our Letters Patent
and the said Acts, in the Parliament Roll; and these
Our Lettters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do
declare and will, that after this Our Royal Assent
given and passed by these Presents, and declared and
notified as is aforesaid, then and immediately the said
Acts, shall be taken, accepted, and admitted good,
sufficient, and perfect Acts of Parliament and Laws,
to all Intents, Constructions, and Purposes, and to be
put in due Execution accordingly; the Continuance
or Dissolution of this Our Parliament, or any other
Use, Custom, Thing or Things to the Contrary
thereof notwithstanding. In Witness whereof, We
have caused these our Letters to be made Patent.
Witness Ourself at Westminster, the Seventh Day
of June, in the Thirty-third Year of Our
Reign.
"By the King Himself, signed with His own
Hand."
"Yorke."
Then the Lord Chancellor said,
"In Obedience to His Majesty's Commands, and by
virtue of the Commission which has been now read,
We do declare and notify to you the Lords Spiritual
and Temporal, and Commons, in Parliament assembled,
That His Majesty hath given His Royal Assent to the
several Acts in the Commission mentioned; and the
Clerks are required to pass the same, in the usual
Form and Words."
1. "An Act for placing the Stock called East India
Annuities, under the Management of the Governor
and Company of the Bank of England, and ingrafting the same on the Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of Four
millions two hundred thousand Pounds owing by the
Publick to the East India Company, and for enabling
the said Company to raise a Sum of Money by a further Increase of their Capital Stock, to be applied in
discharge of certain Debts of the said Company."
2. "An Act for vesting in His Majesty certain forfeited Estates in Ireland, subject to the Disposition of
the Parliament of Ireland."
3. "An Act for making and maintaining a Navigable
Canal from the River Dun Navigation Cut, at or
near Stainforth, in the West Riding of the County
of York, to join and communicate with the River
Trent, at or near Keadby, in the County of Lincoln;
and also a Collateral Cut from the said Canal to join
the said River Dun, in the Parish of Thorne, in the
said Riding."
4. "An Act for making effectual the Statute Labour
in the Shire of Inverness, and for levying Conversion
Money in lieu of Labour; and for otherwise regulating, making, and repairing, Highways and Bridges
in the said Shire; and for improving, widening, and
lighting the Streets within the Royal Burgh of
Inverness."
5. "An Act for repairing and widening that Part
of the Road leading from Kelso towards the Town
of Selkirk, which lies to the Eastward of the
Turnpike Road leading from Jedburgh to Lauder,
which crosses the River Tiviot, near the Town
of Kelso, and the Road leading from Kelso towards
Coldstream, to the Place where it joins the Turnpike Road leading from Greenlaw to Coldstream,
and from Kelso through Ednam, to Orange Lane, in
the Parish of Eccles, in the County of Berwick, and
from the Ford at Newton Mill, through Ednam to
Edenfoot, and from Kelso to Cornhill, in the County
of Durham."
6. "An Act for enlarging the Term and Powers of
an Act passed in the Eleventh Year of the Reign of
His present Majesty, intituled, "An Act to continue
and render more effectual Two Acts passed in the
Twelfth Year of the Reign of King George the First,
and the Nineteenth Year of the Reign of His late
Majesty for repairing the Road from Market Harborough, in the County of Leicester; and for repairing,
widening, turning, and altering the Road branching
out of the aforesaid Road, at a Place called Filling
Gate, to a Road called the Foss Road, and from
thence to the Turnpike Road leading from Melton
Mowbray to the Guide Post in Saint Margaret's Field,
Leicester."
7. "An Act for repairing, widening, altering, and
improving the Road from Heage, in the County of
Derby, through Belper, to Duffield, in the said
County."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant, in these Words;
(videlicet)
"Le Roy le veult."
8. "An Act for empowering the Committees or
Committee, for the Time being, of the Estate of the
Most Noble Anna Eliza Duchess of Chandos, a
Lunatic, to make Leases of her Estate during her
Lunacy and for other Purposes therein mentioned."
9. "An Act for confirming and rendering effectual
a Partition and Division between William Thomas
Darby Esquire, and Saint Andrew Saint John Esquire, of divers Manors, Lands, and Hereditaments
(heretofore the Estate of Richard Jackson Esquire,
deceased) in the several Counties of Norfolk, Essex,
Surrey, Middlesex, and the City of London, and for
limiting and settling the specific Parts thereof, which,
upon such Partition and Division, were allotted to
each of them, to the several Uses therein mentioned."
10. "An Act to enable Sir Henry Bridgeman, Baronet, and, after his Death, other Persons, to grant
Building Leases of his settled Estates, at or near
Bolton-in-le-Moors, in the County of Lancaster, for
long Terms of Years."
11. "An Act to enable James Lever, of Hindley, in
the County of Lancaster Esquire, to make Grants in
Fee, and also to grant Building Leases of certain
Estates in the Township of Bolton-le-Moors, in the said
County."
12. "An Act for dividing and enclosing the Open
Fields, Meadows, and Pastures, within the Parish
of Willoughby on the Wolds, in the County of
Nottingham."
13. "An Act for dividing, allotting and enclosing
the Open Fields, Meadows, and Commonable Grounds
in the Parish or Lordship of Queneborough, in the
County of Leicester."
14. "An Act for dividing and enclosing the several
Open Fields, Meadows, Pastures, Commons, and
Waste Grounds, within the Hamlet of Taddington
and Priestcliff, in the Parish of Blakewell, and
County of Derby."
15. "An Act to dissolve the Marriage of Edward
Brown Esquire, with Susannah Solley his now Wife,
and to enable him to marry again; and for other Purposes therein mentioned."
16. "An Act to dissolve the Marriage of the Reverend Calverley John Bewicke Clerk, with Mary Elizabeth, otherwise Mary Eliza Vaughan, his now Wife,
and to enable him to marry again; and for other
Purposes therein mentioned."
To these Bills the Royal Assent was pronounced,
severally, by the Clerk Assistant, in these Words; (videlicet)
"Soit fait comme il est desiré."
Then the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
Scotch Creditors Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for rendering the Payment of
Creditors more equal and expeditious in that Part of
Great Britain called Scotland."
After some Time, the House was resumed:
And the Lord Bishop of Bangor reported from the
Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without
any Amendment."
Welsh Courts, &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for remedying Inconveniences attending certain Proceedings in the Courts of Great Sessions in Wales, and for the County Palatine of Chester;
in the Court of Common Pleas for the County Palatine of Lancaster; in the Court of Pleas for the
County Palatine of Durham, and in the County Courts
in Wales."
After some Time, the House was resumed:
And the Lord Bishop of Bangor reported from the
Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Newfoundland Judicature Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for establishing Courts of Judicature
in the Island of Newfoundland, and the Islands adjacent."
After some Time, the House was resumed:
And the Lord Bishop of Bangor reported from the
Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without
any Amendment."
Ireland, Importation of Goods from, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to permit Goods and Commodities
of the Growth, Production, or Manufacture of Asia,
Africa, or America, legally imported into Ireland, to
be imported from thence into Great Britain."
After some Time, the House was resumed:
And the Lord Bishop of Bangor reported from the
Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Spanish Mail Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to enable the Post-Master-General
to send the Mail to the Dominions of His Catholick
Majesty, on board of any Vessels authorized by His
Catholick Majesty to carry the same."
After some Time, the House was resumed:
And the Lord Bishop of Bangor reported from the
Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without
any Amendment."
Foreign Spirits Duty Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to continue certain Duties of Excise on Foreign Spirits imported into this Kingdom for
a limited Time; and also for continuing certain Laws
of Excise therein mentioned."
After some Time, the House was resumed:
And the Lord Bishop of Bangor reported from the
Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without
any Amendment."
Lottery Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
granting to His Majesty a certain Sum of Money, to
be raised by a Lottery."
Ordered, That the said Bill be committed to a
Committee of the whole House.
Ordered, That the House be put into a Committee
upon the said Bill on Monday next.
Post-Horse Duty Farming Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
further continuing for a limited Time an Act made in
the Twenty-seventh Year of the Reign of His present
Majesty, intituled, "An Act to enable the Lord High
Treasurer, or Commissioners of the Treasury, for the
Time being, to let to farm the Duties granted by an
Act made in the Twenty-fifth Year of His present
Majesty's Reign, on Horses let to hire for travelling
Post and by Time, to such Persons as should be willing
to contract for the same."
Ordered, That the said Bill be committed to a
Committee of the whole House.
Ordered, That the House be put into a Committee
upon the said Bill on Monday next.
Corn Regulation Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
amend an Act made in the Thirty-first Year of the
Reign of His present Majesty, intituled, "An Act for
regulating the Importation and Exportation of Corn,
and the Payment of the Duty on Foreign Corn imported, and of the Bounty on British Corn exported."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee
upon the said Bill on Monday next.
Constables, &c. Fines Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act to authorize Justices of the
Peace to impose Fines upon Constables, Overseers,
and other Peace Officers, for Neglect of Duty, and
on Masters of Apprentices, for ill Usage of such their
Apprentices; and also to make Provision for the
Execution of Warrants of Distress granted by Magistrates."
After some Time, the House was resumed:
And the Lord Bishop of Bangor reported from the
Committee, "That they had gone through the Bill,
and made some Amendments thereto, which he was
ready to report, when the House will please to receive the same."
Ordered, That the said Report be received on
Monday next.
Sussex Militia Money Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act requiring and authorizing Charles Gilbert Esquire,
Treasurer of the Eastern Division, and the Reverend
Francis Tutté, the legal Representative of Randolph
Tutté, deceased, late Treasurer of the Western Division of the County of Sussex, to pay certain Sums of
Money received by them, the said Treasurers, or
either of them, on Account of the not raising the
Militia of the said County, into the Publick Stocks of
the said Divisions, to be applied as therein is directed;
and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Llanferres, &c. Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing, allotting, and enclosing certain Common
and Waste Lands, in the Parishes of Llanferres, in
the County of Denbigh, and Kilken, in the County of
Flint."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Frodsham Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing, allotting, and inclosing certain Commons
and Waste Lands, within the Town and Lordship of
Frodsham, and the Township of Helsby, in the Parish
of Frodsham, in the County of Chester."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Cardington Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers of an Act, passed in
the Twelfth Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening
the Road from the Forty-eighth Mile Stone, in the
Parish of Cardington, in the present Turnpike Road
between Hitchin and Bedford, to Great Barford
Bridge; and for continuing a Road from thence to
the Great Northern Road, near Temsford Bridge, in
the County of Bedford."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Hereford and Gloucester Canal Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
vary and extend the Line of the Canal, authorised to
be made by an Act, passed in the Thirty-first Year of
the Reign of His present Majesty, intituled, "An
Act for making and maintaining a Navigable Canal
from the City of Hereford to the City of Gloucester,
with a collateral Cut from the same to the Town of
Newent, in the County of Gloucester, and to amend
the said Act."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Caithness Statute Labour Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
making effectual the Statute Labour, and for levying
Conversion Money in Lieu of Labour, in certain
Cases, and for otherwise regulating, making, and repairing High Roads and Bridges in the County of
Caithness."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Knottingley Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing and enclosing the Commons and Waste
Grounds, and Ings, or Meadow Grounds, within the
Township of Knottingley, in the West Riding of the
County of York."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Brotherton Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing, enclosing, stinting, regulating, and otherwise improving certain Lands and Grounds, in the
Parish of Brotherton, in the West Riding of the
County of York."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Swindon Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing and enclosing certain Commons and Waste
Lands within the Manor and Liberty of Swindon, in
the Parish of Womborne, in the County of Stafford."
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 Nine preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Ord and Mr. Pepys:
To acquaint them, That the Lords have agreed to
the said Bills, without any Amendment.
D. Norfolk's Estate Bill:
The House proceeded to take into Consideration the
Amendments made by the Commons to the Bill, intituled, "An Act for enabling Richard William
Howard Vyse, an Infant Trustee, to join in making
an Exchange of Part of the Estate of the Most Noble
Charles Duke of Norfolk with Francis Ferrand
Foljambe Esquire."
And the said Amendments being read Three Times
by the Clerk, the same were agreed to by the House.
And a Message was sent by the House of Commons, by
the former Messengers, to acquaint them therewith.
Salford, &c. Roads Bill.
A Message was brought from the House of Commons,
by Mr. Stanley and others:
With a Bill, intituled, "An Act for more effectually
repairing, widening, and improving certain Roads
leading to and from the Towns of Salford, Warrington, Bolton, and Wigan, and to certain Places called
the Broad Oak in Worsley, and Duxbury Stocks; and
also the Road from a Place called South Sea, in Pendlebury, to Agecroft Bridge, and from thence, through
Hilton Lane, to Dawson Lane End; and also from
Agecroft Bridge, over Kersal Moor, to Singleton Brook,
all in the County Palatine of Lancaster;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
Letters Patent Enrolment Bill.
The Order of the Day being read for the House to be
put into a Committee upon the Bill, intituled, "An Act
for securing the Rights of Patentees in certain Cases
from the Encroachments of Foreigners."
Ordered, That the said Order be discharged.
Ordered, That the House be put into a Committee
upon the said Bill on Monday next.
Election of Peers for Scotland, report of Calculation of Votes:
The Lord Cathcart reported from the Lords Committees, appointed to make a Calculation of the Number
of Votes of the Peers who voted at the Election of the
Sixteen Peers for Scotland, as they stand according to
the several Resolutions of this House relative to the said
Election, and after making such Calculations do report
to the House: "That the Committee had met and
taken into Consideration the Matter to them referred,
and had made a Calculation accordingly as follows;
(videlicet)
|
| Candidates. | Votes at the Election. | Taken off. | Remains. | Added. | Result. |
| D. Hamilton | | | | 1 | 1 |
| D. Buccleugh | | | | 1 | 1 |
| D. Gordon | | | | 1 | 1 |
| D. Queensberry | | | | 1 | 1 |
| D. Argyle | | | | 1 | 1 |
| D. Athol | | | | 1 | 1 |
| D. Roxburgh | | | | 1 | 1 |
| M. Tweeddale | 32 | 1 | 31 | | 31 |
| M. Lothian | 1 | | | 1 | 1 |
| E. Glencairn | 25 | | | 1 | 26 |
| E. Eglintoune | 39 | 4 | 35 | 1 | 36 |
| E. Moray | 34 | 3 | 31 | 1 | 32 |
| E. Strathmore | 31 | 1 | 30 | 1 | 31 |
| E. Kellie | 35 | 4 | 31 | 1 | 32 |
| E. Galloway | 33 | 3 | 30 | 1 | 31 |
| E. Lauderdale | 34 | 1 | 33 | 1 | 34 |
| E. Dumfries | 34 | | 34 | 1 | 35 |
| E. Elgin | 38 | 4 | 34 | 1 | 35 |
| E. Selkirk | 33 | 1 | 32 | 1 | 33 |
| E. Balcarres | 37 | 4 | 33 | 1 | 34 |
| E. Breadalbane | 34 | 1 | 33 | | 33 |
| E. Aberdeen | 28 | | 28 | 1 | 29 |
| E. Marchmont | | | | 1 | 1 |
| E. Stair | 33 | 3 | 30 | 2 | 32 |
| E. Glasgow | 37 | 4 | 33 | 1 | 34 |
| E. Hopetoun | 33 | 2 | 31 | | 31 |
| V. Stormont | 42 | 1 | 41 | 2 | 43 |
| L. Saltoun | 19 | | 19 | | 19 |
| L. Gray | 30 | 1 | 29 | | 29 |
| L. Cathcart | 36 | 3 | 33 | 1 | 34 |
| L. Sempill | 18 | | 18 | | 18 |
| L. Elphinstone | 36 | 4 | 32 | 1 | 33 |
| L. Somerville | 33 | 3 | 30 | 1 | 31 |
| L. Torphichen | 34 | 3 | 31 | 1 | 32 |
| L. Cranstoun | 30 | | 30 | | 30 |
| L. Napier | 33 | 3 | 30 | 1 | 31 |
| L. Elibank | 31 | 1 | 30 | 1 | 31 |
| L. Kinnaird | 32 | 1 | 31 | | 31 |
Report agreed to:
Which Report, being read by the Clerk, was agreed
to by the House.
Clerk of the Crown to attend with Original Return.
Ordered, That the Clerk of the Crown in Chancery
do attend this House on Monday next, at Eleven
o'clock with the original Return of the Names of the
Sixteen Peers, who according to the Act in that Case
made and provided, are chosen, summoned and certified
to be Members of the House of Lords for and on Behalf of that Part of Great Britian called Scotland, in
Order to amend the said Return, pursuant to the Report
made this Day from the Lords Committees, and agreed to
by the House.
East India Government Bill:
The Order of the Day being read for the Third
Reading of the Bill, intituled, "An Act for continuing
in the East India Company for a further Term, the
Possession of the British Territories in India, together
with their exclusive Trade under certain Limitations;
for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same; for appropriating
to certain Uses the Revenues and Profits of the said
Company; and for making Provision for the good
Order and Government of the Towns of Calcutta,
Madras, and Bombay;" and for the Lords to be summoned:
The said Bill was accordingly read the Third Time.
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 the
former Messengers:
To acquaint them, That the Lords have agreed to
the said Bill, without any Amendment.
Lords summoned.
The Order of the Day being read for the Lords to be
summoned:
Ordered, That the said Order be discharged.
Ordered, That all the Lords be summoned to attend the Service of the House on Friday the 14th Day
of this instant June.
Figs, Duties and Drawbacks, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act for repealing the
Duties and Drawbacks on Figs, and for granting and
allowing other Duties and Drawbacks in Lieu thereof;
for charging a Duty on the Importation, and allowing
a Drawback on the Exportation of Virginal Wire of
Copper; for empowering the Commissioners of the
Customs to authorize their Officers to make Allowance
for Damages received by Goods during the Voyage;
and for authorizing the Commissioners of the Customs
and Excise to sell Vessels liable to be broken up, to
private Persons to be used as Privateers;" to which
they desire the Concurrence of this House.
Southern Whale Fishery Premium Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act to allow Ships carrying on the Southern Whale Fishery to the North of
the Equator, the same Premium as they are now entitled to if they do not pass the Equator;" to which
they desire the Concurrence of this House.
Trevaunance Harbour Bill.
A Message was brought from the House of Commons,
by Sir William Lemon and others:
With a Bill, intituled, "An Act for erecting and
making a Pier and Harbour in the Cove of Trevaunance, in the Parish of Saint Agnes, in the County of
Cornwall;" to which they desire the Concurrence of
this House.
The said Three Bills were, severally, read the First
Time.
Lickbarrow and Wright against Mason et al., in Error.
Ordered, That the further Consideration of the
Cause wherein William Nowell Lickbarrow and Ralph
Wright are Plaintiffs, and Edward Mason and others are
Defendants, which stands appointed for this Day, be
put off to Monday next.
The King against Amery, in Error,
Ordered, That the further Consideration of the Petition of the Relator, in the Cause between the King
against Amery, which stands appointed for this Day, be
put off to Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum diem instantis Junii, horâ undecimâ Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 10o Junii 1793.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cantuar.
Archiep. Ebor.
Epus. Bangor.
Epus. Meneven.
Epus. Exon. |
Dux Clarence.
Dux Gloucester.
Dux Loughborough,
Cancellarius.
March. Stafford,
C. P. S.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Bedford.
Dux Devonshire.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Derby.
Comes Essex.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Poulett.
Comes Lauderdale.
Comes Dumfries.
Comes Ferrers.
Comes Dartmouth.
Comes Aylesford.
Comes Stanhope.
Comes Macclesfield.
Comes Graham.
Comes Brooke &
Warwick.
Comes Powis.
Comes Hertford.
Comes Guilford.
Comes Spencer.
Comes Mount Edgcumbe.
Comes Digby.
Comes Dorchester.
Comes Mansfield,
Middlesex.
Viscount Hereford.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley &
Ward.
Viscount Hampden.
Viscount Sydney. |
Ds. Grenville, Unus
Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Cathcart.
Ds. Hay.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Ponsonby.
Ds. Walpole.
Ds. Boston.
Ds. Hawke.
Ds. Amherst.
Ds. Brownlow.
Ds. Thurlow.
Ds. Dynevor.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Grantley.
Ds. Carteret.
Ds. Grey de Wilton.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Douglas of
Douglas.
Ds. Douglas of Lochleven. |
PRAYERS.
W. Hastings' Petition.
Upon reading the Petition of Warren Hastings, setting forth, "That the Petitioner has been informed,
with equal Surprize and Concern, that a Message has
been presented to Their Lordships' House, desiring
further Time beyond the Day already appointed for
the Reply to the Defence made by the Petitioner to
the Impeachment now depending against him. That
the Petitioner cannot but regard the further Adjournment now required on the Part of his Prosecutors,
as derogatory to those Rights which belong to him
in common with every Subject of this Realm, as peculiarly injurious in this late Stage of his long depending Trial, as warranted by no one Precedent or
Example to be found in the Records of Parliament,
by no Analogy to be drawn from the Proceedings in
other Courts of criminal Judicature, nor by any
Grounds of Reason or Justice, applicable to the Case
now before Their Lordships. That the Petitioner
humbly conceives that the Time first allotted by
Their Lordships was fully adequate to every Purpose
of just and reasonable Preparation, supposing, what
the Petitioner is bound to believe, a due and proper
Attention to have been given by the Managers appointed by the House of Commons to the Conduct of
their own Prosecution, and fit and becoming Diligence to have been employed in order to have been
in a Condition to reply at the Time appointed. Eight
Years have now elapsed since the Accusation was first
preferred against the Petitioner, and it is now the
sixth Year since the Commencement of the present
Trial. The Petitioner therefore apprehends he may
be permitted to observe, that in a Case where so much
of his Life has been already consumed in a Court of
criminal Justice, and so little remains according to
every reasonable probability, each unnecessary Moment
of Delay produces a deep, and perhaps an irremediable Injury; and instead of receiving any Palliative
from the peculiar Circumstances of the Case, is on
the contrary aggravated by them in the highest
Degree. After eight Years of depending Accusation, and six Years of continued Trial, the Petitioner humbly apprehends, that on a general View of
the Subject, it can scarcely be supposed that those
who originally framed the Articles of Accusation,
and have since conducted the Trial, can be otherwise
than intimately acquainted with all the Transactions
which form the Substance of it; and however much
the slow Progress of the Enquiry may have operated
to the Prejudice of the Petitioner, it must at least have
contributed, by a gradual Developement of the Case,
to render every Part of it more distinctly and
thoroughly understood, and consequently the Prosecutors better prepared to reply than could have hap
pened under different Circumstances. But the Petitioner further begs Leave to represent, that besides
the Reasons which operate against further Delay in
the present Stage of a Trial of such unparalleled Duration, the Nature of the Evidence furnishes additional
Objections; the great Bulk of the written Testimony
being drawn from Sources equally accessible to both
Parties, namely, the Records of the East India
Company, and consequently those Parts on which
the Petitioner relies for his Defence, having been
equally known to the Honourable Managers before
they were produced in Evidence by the Petitioner,
with those Parts on which the Managers have relied
in support of the Prosecution. The Petitioner ventures to affirm, and for the Truth of the Assertion
he appeals to Their Lordships Proceedings, that the
written Evidence produced from his own exclusive
Custody is confined within a very small Compass,
and occupies but a very few Pages of Their Lordships' printed Minutes; that the Evidence of many,
if not of most of the Witnesses called on the Part of
the Petitioner, was in a great Measure known to the
Honourable Managers several Years ago, some of them
having been examined at the Bar of the House of
Commons before the Articles of Impeachment were
exhibited against the Petitioner, many by their own
Committee; and the Depositions of others of them
relative to the Matters concerning which they have
been since orally examined at Their Lordships Bar,
having been long since printed, and given in Evidence
by the Managers themselves in the Course of the
Trial. That the Petitioner begs Leave to state, that
the Evidence given in Support of the Defence,
however extensive it may be at the present Moment,
was not brought forward, nor delivered, at one Time,
and in one Mass; but in distinct and different Parts;
and encreased by gradual Accumulation, to its present State; and the Petitioner, therefore, submits,
that the Managers, in this respect, have had a very
considerable Portion of Time to examine such Evidence. That, in particular, the Evidence relating to
the first Article of Charge adduced by the Petitioner
was printed and delivered on the 11th of June, in the
Year 1792; that given on the second Article was, in
like manner, printed and delivered, Part on the 12th
of April, Part on the 18th of the same Month, and
Part on the 6th of May, in the present Year; and
all the Testimony on the remaining Charges having
been delivered by the Seventh of June last, the Petitioner feels himself utterly at a Loss to comprehend
with what Colour of Right the Prosecutors, who have
been for so long a Time in possession of so great a
Part of the Evidence, particularly after a Lapse of
twelve Days of allowed Preparation for Reply, since
the final Close of the Petitioner's Defence, can yet
claim further Time for the Purpose of such Preparation; since it appears from the preceding Statement,
that the Evidence on the Defence of the first Article
has been in their Hands a complete Twelve month,
and the rest will have been in their Possession, according to the most probable Computation, when they
shall come to Reply to it, upwards of Twenty Days;
which is a Term exceeding the Duration of any one
Criminal Trial of this Kingdom of allowed Legality, even in its whole Process. That the Petitioner further begs leave to represent, that he has
himself been constantly ready and attendant upon the
Trial during the whole of the Progress, nor has he
ever, in a single Instance, solicited a Moment's Delay;
that he has, on the contrary, alone, and without the
Aid of any co-operating Application on the Part of
his Prosecutors, presented his humble, but repeated
Petitions for its Acceleration; and under these Circumstances he had taught himself confidently to expect, that an Address of an opposite Nature could not
possibly have been preferred on the Part of the Prosecution. That the Petitioner feels this Application the
more peculiarly injurious to him, as, in order to expedite the Close of the Trial, he has waived his Right
to the Observations of his Counsel in summing up
the Evidence upon the sixth Part of the seventh and
the fourteenth Articles of the Impeachment, and
both the opening and the summing up on the Charge
of Contracts; and this under the declared Expectation, which he trusts was not unreasonable, that the
Reply would be thereby closed in the Course of the
present Session. If, however, contrary to the Usage
and Practice which have obtained in every former instance of Parliamentary Impeachment, and in repugnance to what the Petitioner conceives to be the
established Principle of Criminal Jurisprudence, the
Managers of the present Charges shall continue to
require further Time for the Purpose of their Reply,
and shall persist in deeming the several long and unexampled Intervals of Preparation, which the Petitioner has stated, still insufficient to enable them fitly
to execute the Remainder of that Duty which may be
expected at their Hands; and Their Lordships, in Deference to the urgency of such Representations, shall,
contrary to the earnest Solicitations of the Petitioner,
incline to grant them a further Portion of Time for
this Purpose, the Petitioner hopes that in any Event
such Indulgence may be limited to a very early Day,
and that the Managers may then be required to proceed with uninterrupted Dispatch during a Course of
daily and continued Sittings till the Reply upon all
the Subjects of this Impeachment shall be fully and
finally concluded in the Course of the present Session
of Parliament."
It is Ordered That the said Petition do lie on the
Table.
Consolidated Fund Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act for granting to
His Majesty a certain Sum of Money out of the Consolidated Fund; for applying a certain Sum of Money
therein mentioned, for the Service of the Year One
thousand seven hundred and ninety-three; and for
further appropriating the Supplies granted in this
Session of Parliament;" to which they desire the Concurrence of this House.
Tobacco Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act for the better Regulation of warehoused Tobacco; and for permitting
certain Tobacco of the Spanish Dominions to be
admitted to Entry on the Payment of the British Plantation Duty;" to which they desire the Concurrence
of this House.
Minories Paving Bill.
A Message was brought from the House of Commons,
by Mr. Mainwaring and others:
With a Bill, intituled, "An Act to explain and amend
an Act passed in the Eleventh Year of the Reign of
His present Majesty, for the better paving, cleansing,
lighting, and watching Haydon Square, the New
Square, Haydon Yard, Sheepy Yard, Church Street,
Little Church Street, otherwise the Church Passage,
Church Court, and Kenton Street, and the Passages
therein or leading thereto, in the Parish of Trinity,
otherwise Holy Trinity in the Minories, in the County
of Middlesex, within the Liberty of His Majesty's
Tower of London; and for other Purposes therein
mentioned;" to which they desire the Concurrence
of this House.
Ships Preservation, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Burdon and others:
With a Bill, intituled, "An Act for better preventing Offences in obstructing, destroying, or damaging
Ships or other Vessels, and in obstructing Seamen,
Keelmen, Casters, and Ship Carpenters, from pursuing their lawful Occupations;" to which they
desire the Concurrence of this House.
The said four Bills were, severally, read the First
Time.
Ordered, That the last-mentioned Bill be printed.
Chelmsford Navigation Bill.
A Message was brought from the House of Commons,
by Mr. Bramston and others:
With a Bill, intituled, "An Act for making and
maintaining a Navigable Communication between the
Town of Chelmsford, or some Part of the Parish of
Springfield, in the County of Essex, and a Place called
Collier's Reach, in or near the River Blackwater, in
the said County;" to which they desire the Concurrence of this House.
Thornborough Enclosure Bill.
A Message was brought from the House of Commons,
by Mr. Townshend and others:
With a Bill, intituled, "An Act for dividing and
enclosing the Open Common Fields, and a certain
Moor or Common called Thornborough Moor, within
the Parish of West Tanfield, in the North Riding
of the County of York;" to which they desire the
Concurrence of this House.
Walcot Paving, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Hippisley Coxe and others:
With a Bill, intituled, "An Act for paving, cleansing, lighting, watching, and regulating the Streets,
Squares, Lanes, Ways, Passages, and public Places
within such Part of the Parish of Walcot, in the County
of Somerset, as are not within the Circuit, Precinct,
and Jurisdiction of the City of Bath, in the same
County; and for removing and preventing Nuisances,
Annoyances, Encroachments, and Obstructions; and
for establishing a proper and effective Police therein,
and for licensing and regulating Hackney Coaches,
Chairs, Porters, Basket Men, and Basket Women,
within the said City of Bath, and a certain Distance
thereof;" to which they desire the Concurrence of
this House.
The said three Bills were, severally, read the First
Time.
Valle's Naturalization Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
To return the Bill, intituled, "An Act for naturalizing Bartholomew Valle;" and to acquaint this House,
That they have agreed to the same, without any Amendment.
Duchy of Cornwall Leases Bill.
A Message was brought from the House of Commons,
by Mr. Hobart and others:
With a Bill, intituled, "An Act to enable His Royal
Highness George Prince of Wales, to make Leases,
Copies, and Grants of Offices, Lands and Hereditaments, Parcel of His said Royal Highness's Duchy of
Cornwall, or annexed to the same; and for the other
Purposes therein mentioned;" to which they desire
the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to defer Hastings' Trial:
A Message was brought from the House of Commons,
by the Earl Carysfort and others, as follows; (videlicet)
My Lords,
"We are commanded by the Commons to acquaint
your Lordships, That the Members of the House
of Commons, who are appointed to manage the Impeachment against Warren Hastings Esquire, will be
unable to proceed on Monday the 10th Day of June,
in their Reply to the Defence of the said Warren
Hastings Esquire; and that therefore the Commons
desire, That your Lordships will allow further Time
for that Purpose."
And then they withdrew.
The Messengers were again called in, and acquainted,
That this House will send an Answer by Messengers
of their own."
Moved, "That this House do proceed further in
the Trial of Warren Hastings Esquire, on Wednesday
next."
Which being objected to;
After Debate,
The Question was put thereupon?
It was resolved in the Negative.
Trial put off to next Session.
Then it was moved, "That this House do proceed
further in the Trial of Warren Hastings Esquire, on
the Second Tuesday in the next Session of Parliament,
at Ten o'Clock in Westminster Hall."
The same was agreed to, and ordered accordingly.
Message to H. C. to acquaint them therewith.
A Message was sent to the House of Commons by
Mr. Leeds and Mr. Walker, to acquaint them therewith.
Penge Enclosure Bill, put off for Two Months.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act for dividing
and enclosing the Common or Parcel of Waste
Ground called Penge Common, lying within the Hamlet of Penge, in the County of Surrey;" and for
hearing Counsel for and against the same:
Ordered, That the said Order be discharged.
Ordered, That the said Bill be read a Second Time
on this Day two Months.
Dudley Canal Bill, Motion to print Evidence negatived.
It was moved, "That the Evidence taken before the
Committee, to whom the Bill, intituled, "An Act
for making and maintaining a Navigable Canal from
the Dudley Canal, in the County of Worcester, to the
Worcester and Birmingham Canal, now making at or
near Selly Oak, in the said County, and also certain
collateral Cuts to communicate therewith;" stands
committed, be printed."
Which being objected to;
After Debate,
The Question was put thereupon?
It was resolved in the Negative.
Slave Trade, &c. Consideration put off to next Session.
The Order of the Day being read for taking into further Consideration the present State of the Trade to
Africa, and particularly the Trade in Slaves; and also
for taking into Consideration the Nature, Extent and
Importance of the Sugar, Coffee, and Cotton Trades; and
the general State and Condition of the West India Islands,
and the Means of improving the same; and for the
Lords to be summoned; and for the Agents of the several Petitioners to be heard by their Counsel at the Bar
of the House in Support of their said Petitions against the
Abolition of the Slave Trade:
Ordered, That the said Order be discharged.
Ordered, That this House do proceed to take into
further Consideration the present State of the said Trade
to Africa, and particularly the Trade in Slaves; and also
the Nature, Extent and Importance of the Sugar, Coffee, and Cotton Trades; and the general State and Condition of the West India Islands, and the Means of improving the same, on the Second Wednesday in the next
Session of Parliament.
Return of Sixteen Peers for Scotland amended.
The Order of the Day being read for the Clerk of
the Crown in Chancery, to attend this House with the
original Return of the Names of the Sixteen Peers who
according to the Act in that Case made and provided,
are chosen, summoned, and certified to be Members of
the House of Lords, for and on Behalf of that Part of
Great Britain called Scotland, in order to amend the
said Return:
And the Deputy Clerk of the Crown attending accordingly;
Ordered, That the said Return be amended as
follows:
After ("Elgin") insert ("Selkirk")
After ("Breadalbane") insert ("Stair")
Leave out ("Thirteen") and insert ("Fifteen")
After ("Votes for") insert ("the Marquis of
Tweeddale and")
After ("Earls of") insert ("Strathmore")
Leave out ("Selkirk, Stair")
After ("Sommervill") leave out ("and")
After ("Napier") insert ("Elibank and Kinnaird")"
Bath Roads Bill.
A Message was brought from the House of Commons,
by Sir John Trevelyan and others:
With a Bill, intituled, "An Act for amending, improving, and keeping in Repair several Roads leading to and from the City of Bath;" to which they
desire the Concurrence of this House.
The said Bill was read the First Time.
Constable, &c. Fines Bill.
The Lord Bishop of Bangor (according to Order) reported the Amendments made by the Committee of the
whole House, to the Bill, intituled, "An Act to authorize
Justices of the Peace to impose Fines upon Constables,
Overseers, and other Peace Officers for Neglect of
Duty, and on Masters of Apprentices for ill Usage of
such their Apprentices; and also to make Provision for
the Execution of Warrants of Distress granted by Magistrates."
The said Amendments were read by the Clerk, as
follows; (videlicet)
Pr. 1. L. 4. Leave out ("Peace")
Pr. 3. L. 13. After ("him") insert ("or her")
L. 27. After ("Riding") insert ("or");
and in the same Line, leave out from ("Division")
to ("such") in Line 29. and insert ("within
which")
Pr. 5. L. 1. Leave out ("Certificate") and insert
("Endorsement"); and in the same Line, leave out
from ("levied") to ("by") in Line 4.
L. 9. After ("Place") insert ("by the
Constable or other Peace Officer duly appointed to
serve for the same respectively")
In the Title of the Bill,
L. 3. After ("Peace") insert ("or
Parish")"
And the first, second, and third Amendments, being
read a Second Time, were agreed to by the House.
The fourth Amendment again read; and it being proposed to leave out from the Word ("Endorsement") to
the End of the Amendment;
The same was agreed to, and ordered accordingly.
The fifth Amendment again read; and it being proposed to disagree with the Committee in the said Amendment;
The same was agreed to, and ordered accordingly.
The last Amendment again read, and agreed to.
Patentees Rights Bill.
The Order of the Day being read, for the House to
be put into a Committee upon the Bill, intituled, "An
Act for securing the Rights of Patentees, in certain
Cases, from the Encroachments of Foreigners:"
Ordered, That the said Order be discharged.
Ordered, That the House be put into a Committee
upon the said Bill, on this Day three Months.
Trevaunance Harbour Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
erecting and making a Pier and Harbour in the Cove
of Trevaunance, in the Parish of Saint Agnes, in the
County of Cornwall."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
Ld. Privy Seal.
Ld. Steward.
D. Leeds.
D. Portland.
D. Bridgewater.
M. Townshend.
E. Derby.
E. Coventry.
E. Poulett.
E. Lauderdale.
E. Dartmouth.
E. Aylesford.
E. Stanhope.
E. Macclesfield.
E. Graham.
E. Brooke and
Warwick.
E. Guildford.
E. Spencer.
E. Mount Edgcumbe.
E. Digby.
V. Hereford.
V. Wentworth.
V. Sydney. |
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Bangor.
L. Bp. St. David's.
L. Bp. Exeter. |
L. Grenville.
L. Willoughby Br.
L. Cathcart.
L. Hay.
L. King.
L. Chedworth.
L. Sandys.
L. Walpole.
L. Boston.
L. Hawke.
L. Amherst.
L. Brownlow.
L. Thurlow.
L. Walsingham.
L. Porchester.
L. Sommers.
L. Hawkesbury.
L. Douglas of
Lochleven. |
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.
Seven Oaks, &c. Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers of An Act, passed in
the Tenth Year of the Reign of His present Majesty, intituled, "An Act for continuing, amending, and rendering more effectual so much of Three Acts of Parliament,
for repairing the Roads from Seven Oaks, Tunbridge
Wells, and Kipping's Cross, to Lamberhurst Pound and
Pullen's Hill in the County of Sussex, as relates to
the Road leading from Seven Oaks' Common to
Woodsgate, Tunbridge Wells, and Kipping's Cross, in
the said County of Kent; and for amending, widening, and keeping in Repair the Road from Tunbridge
Wells to Woodsgate aforesaid."
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.
Figs, Duties and Drawbacks, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
repealing the Duties and Drawbacks on Figs, and for
granting and allowing other Duties and Drawbacks in
in Lieu thereof; for charging a Duty on the Importation, and allowing a Drawback on the Exportation of Virginal Wire of Copper; for empowering
the Commissioners of the Customs to authorize their
Officers to make Allowance for Damages received by
Goods during the Voyage; and for authorizing the
Commissioners of the Customs and Excise to sell
Vessels, liable to be broken up, to private Persons, to
be used as Privateers."
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.
Southern Whale Fishery Premium Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
allow to Ships carrying on the Southern Whale
Fishery to the North of the Equator, the same Premium as they are now entitled to, if they do not pass
the Equator."
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.
Anglesey Copper Mines Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
amend an Act made in the Twenty-sixth Year of the
Reign of His present Majesty, intituled, "An Act
for allowing a Drawback of the Duties upon Coals
used in smelting Copper and Lead Ores, and in Fire
Engines for draining Water out of the Copper and
Lead Mines within the Isle of Anglesey."
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.
Lottery Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for granting to His Majesty a
certain Sum of Money, to be raised by a Lottery."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee,
"That they had gone through the Bill, and directed
him to report the same to the House, without any
Amendment."
Post-Horse Duty Farming Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for further continuing for a limited
Time, an Act made in the Twenty-seventh Year of
the Reign of His present Majesty, intituled, "An Act
to enable the Lord High Treasurer, or Commissioners
of the Treasury for the Time being, to let to farm the
Duties granted by an Act, made in the Twenty-fifth
Year of His present Majesty's Reign, on Horses let to
hire for travelling Post, and by Time, to such Persons as should be willing to contract for the same."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Corn Regulation Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to amend an Act made in the Thirtyfirst Year of the Reign of His present Majesty, intituled, "An Act for regulating the Importation and
Exportation of Corn, and the Payment of the Duty
on Foreign Corn imported, and of the Bounty on
British Corn exported."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without
any Amendment."
Cameron and McLean against Cameron.
Upon reading the Petition and Appeal of Mrs.
Helen Cameron, Daughter of the deceased John Cameron, of Callart, and Wife of Ensign Colin McLean,
of the late 74th Regiment of Foot, and the said Colin
McLean for his Interest; complaining of two Interlocutors of the Lords of Session in Scotland of the 1st
and 19th of February 1793; and also of an Interlocutor
of the Lord Ordinary there, of the 1st of June 1793;
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
Ewan Cameron, of Fassifern, Purchaser of the annexed Estate of Callart, Party in the Cause, may be
required to answer the said Appeal:"
It is Ordered, That the said Ewan Cameron may
have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the
8th Day of July next; and Service of this Order upon
the said Respondent, or upon any of his known Counsel
or Agents in the Court of Session in Scotland, shall be
deemed good Service.
Alyett against Bennett, 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 William
Aylett is Plaintiff, and Nathaniel Bennett the Younger
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.
Lickbarrow and Wright against Mason et al., in Error:
Ordered, That the further Consideration of the
Cause wherein William Nowell Lickbarrow and Ralph
Wright are Plaintiffs, and Edward Mason, and others,
are Defendants, which stands appointed for this Day, be
put off till To-morrow.
The King against Amery in Error.
Ordered, That the further Consideration of the Petition of the Relator, in the Cause between the King
against Amery, which stands appointed for this Day, be
put off till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
undecimum diem instantis Junii, horâ undecimâ Auroræ, Dominis sic decernentibus.