House of Lords Journal Volume 39: May 1792 11-20

May 1792 11-20

DIE Veneris, 11^o Maii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Manchester and Salford Police Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for cleansing, lighting, watching, and regulating the Streets, Lanes, Passages, and Places within the Towns of Manchester and Salford, in the County Palatine of Lancaster; for widening and rendering more commodious several of the said Streets, Lanes, and Passages; and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Coombe Hill Canal Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Canal from the Foot of Coombe Hill, in the Parish of Leigh, in the County of Gloucester, to join the River Severn at or near a Place called Fisher's, otherwise Fletcher's Leap, in the Parish of Deerhurst, in the said County."

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

It was resolved in the Affirmative.

Lanark and Hamilton Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making and repairing the Road from the Town of Lanark to the Town of Hamilton, in the County of Lanark."

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

It was resolved in the Affirmative.

Peebles Roads Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers of several Acts of the Twenty-sixth Year of His late Majesty's Reign, and of the Eleventh and Fifteenth Years of His present Majesty's Reign, for repairing the High Roads in the County of Peebles, and for making the said Acts more effectual, and for better regulating the Statute Labour within the said County."

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

It was resolved in the Affirmative.

Collingham Road Bill:

Hodie 3^a 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, for repairing and widening the Road from Collingham, through Wetherby, to the City of York."

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

It was resolved in the Affirmative.

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

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

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

Hessle, &c. Drainage Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, enclosing, draining, and improving the Open Fields, Meadows, Pastures, Commons, and Waste Grounds, within the several Townships or Hamlets of Hessle, Anlaby, and Tranby, in the County of the Town of Kingston upon Hull; and for making a Compensation in Lieu of Tythe, for certain Ancient inclosed Lands within the said several Townships or Hamlets, and also within the Township or Hamlet of Wooferton, otherwise Wolfreton, in the same County."

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

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

Hemswell Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, Commons, and Waste Lands, within the Parish of Hemswell, in the County of Lincoln."

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

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

Berwick Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing an Act of the Twelfth Year of His present Majesty, intituled, an Act for repairing and widening the Roads from the Confines of the County of Berwick, at or near Banghouse Walls, to Compton's Lanes and Eymouth, and from the Town of Eccles to Eymouth, and from Whitelaw Muir, to Compton's Lanes, in the County of Berwick, and for repairing, widening, and amending several Roads; and for regulating the Statute Labour, in the said County of Berwick."

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 Tuesday next, at the usual Time and Place; and to adjourn as they please.

Lanark Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering the Powers of so much of an Act made in the Twelfth Year of the Reign of His present Majesty, as relates to the repairing and widening several Roads leading through the County of Lanark."

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.

Hereford Cathedral Bill.

The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Dean and Chapter of Hereford, to re-build the West End of the Cathedral Church of Hereford, and to repair other Parts thereof," 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."

Burlton Road Bill.

The Lord Bishop of Bangor made the like report from the Lords Committees, to whom the Bill, intituled, An Act for continuing the Term, and altering and enlarging the Powers of an Act of the Twelfth Year of His present Majesty, for repairing, widening, and keeping in repair the Road from Burlton in the County of Salop, through Knockin, to Llanymynech, in the same County, and from Knockin to the East End of the Llanriader Road; and from Place Carrick Lane to the Turnpike Road from Llanymynech to Oswestry, near Coid Issa Mountain, and from Oswestry Turnpike Road on Knockin Heath, to the East End of Knockin Lane," was committed.

South Malling Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Term and alter and amend the Powers of Two several Acts, passed in the Thirty-second Year of the Reign of King George the Second, and the Twentieth Year of the Reign of His present Majesty, for repairing the Road from the South End of the South Street, in the Parish of South Malling, near the Town of Lewes, to Glynd Bridge, and from thence through Firle Street under the Hill, to Longbridge, in the Parish of Alfriston, in the County of Sussex, (except so far as the said Acts relate to that Part of the said Road which lies between a Place commonly called Bopeep, in the Parish of Aleiston, and Longbridge aforesaid), and for amending and keeping in Repair several other Roads therein mentioned, in the said County of Sussex."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Campbell's Bill, specially reported.

The Lord Cathcart reported from the Lords Committees appointed to confider of the Bill, intituled, "An Act for vesting those Parts of the Lands and Estate of Blythswood and others, which lie in the County of Lanerk, in Trustees for the Purpose of selling or feuing the same, and for investing the Money arising by such Sale in the Purchase of other Lands and Estates more commodious and contiguous to the other and greater Part of the said Estate of Blythswood, which lies in the County of Renfrew; and for settling and securing the Lands and Estates so to be purchased, to and in favour of the same Series of Heirs in Fee-Tail, and under the same Restrictions, Conditions, and Limitations as are mentioned and contained in a Deed of Entail, made in the Year One thousand seven hundred and thirty-nine, by Colin Campbell of Blythswood deceased:" "That the Committee had met and considered the said Bill, and examined the Allegations contained therein which were found to be true; that the said Estate is held under a strict Entail, that the Person who now holds the Estate, and several of the Heirs of Entail concerned in the Consequences of the Bill had appeared personally, and had given their Consents to the Satisfaction of the Committee, and in Terms of the standing Order; but the Committee think it their Duty to report that the greatest Part of the Heirs of Entail had signed the Petition, and had given their Consents by John Spottiswoode Esquire, their Attorney. That a Pedigree had been produced, and duly proved to shew who are the Heirs of Entail, and that all the Persons in Existence concerned in the Consequences of the Bill, and who are now in Great Britain, had consented either personally or by their Attorney, the Execution of which said Powers of Attorney had been duly proved: That the only Persons who had not consented were Colin Ross Physician in Hamburgh; David Ross and James Ross both in Virginia; and that the Committee having considered the Circumstances of the Case, the difficulty of collecting all the Persons concerned, together with the Utility of this Bill to the said entailed Estate, had gone through the same, and made several Amendments thereto."

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

Kirkby Kendal Canal Bill.

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

To return the Bill, intituled, "An Act for making and maintaining a Navigable Canal from Kirkby Kendal, in the County of Westmorland, to West Houghton, in the County Palatine of Lancaster, and also a Navigable Branch from the said intended Canal, at or near Borwick, to or near Warton Cragg; and also another Navigable Branch from, at, or near Gale Moss, by Chorley, to or near Duxbury, in the said County Palatine of Lancaster;" and to acquaint this House, That they have agreed to Their Lordships' Amendments made thereto.

Hutton Bushell Enclosure Bill.

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

With a Bill, intituled, "An Act to extend the Powers and Provisions of an Act of the Thirtieth Year of His present Majesty for dividing and enclosing the Open Fields, Ings, Commons, and Waste Grounds within the Manor and Township of Hutton Bushell, in the North Riding of the County of York, to the Township of West Ayton, in the Parish of Hutton Bushell aforesaid;" to which they desire the Concurrence of this House.

Monk Sherborne Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields and Waste Lands within the Common Fields only, in the Parish of Monk Sherborne, in the County of Southampton;" to which they desire the Concurrence of this House.

Flint Glass Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for amending the Laws of Excise relating to the Manufactory of Flint Glass."

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."

Ford and Lowick Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and improving the Road leading from Cornhill Burn, by Pallinsburn and Flodden Lane, to Milfield March Burn, and by Ford Bridge to Lowick; and also several other Roads therein mentioned, all in Counties of Northumberland and Durham."

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.

Derby Paving Bill, Petition against.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, on behalf of themselves and others Owners, and Occupiers of Houses in the Borough of Derby, taking Notice of a Bill depending in this House, intituled, "An Act for paving, cleansing, lighting, and otherwise improving the Streets, Lanes, and other Pubick Passages and Places within the Borough of Derby; and for selling a certain Piece of Waste Ground, situate within the said Borough, called Nun's Green, towards defraying the Expence of the said Improvements;" and praying Their Lordships, That they may be heard, by themselves or Counsel, against such Part of the said Bill as relates to the Mode of Taxation, and that the same may not pass as it now stands, or that they may have such other Relief in the Premises as to the House shall seem meet:"

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 themselves or 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.

Abolition of the Slave Trade, Agents of West India Colonies, to be heard against.

It was moved, "That the Petition of the Agents of the West India Colonies, praying, That a Day may be appointed for them to be heard, by themselves or their Counsel, previous to Their Lordships coming to any Decision thereupon, presented to the House on the 3d of this Instant May, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Agents of the West India Colonies be heard at the Bar of the House in support of their Petition on Monday next.

Libel Juries Bill:

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to remove Doubts respecting the Functions of Juries in Cases of Libel;" and for the Judges to deliver their Opinions upon the Questions put to them on the 27th of April last:

Judges Opinion delivered.

The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges upon the said Questions; and gave his Reasons, which Reasons are as follow; (videlicet)

My Lords,

The Judges have taken the Questions, Seven in Number, which Your Lordships have been pleased to propose to them, into their Consideration; they have conferred together, and have agreed upon Answers, which I am now to submit to Your Lordships.

Your Lordships' First Question is, "On the Trial of an Information or Indictment for a Libel, is the Criminality or Innocence of the Paper set forth in such Information or Indictment as the Libel, Matter of Fact, or Matter of Law, where no Evidence is given for the Defendant?"

Preliminary to all which we have to offer to Your Lordships, we state, as a fundamental Principle, that the general Criminal Law of England is the Law of Libel; and that the very few Particularities which occur in legal Proceedings upon Libel, are not peculiar to the Proceedings upon Libel, but do or may occur in all Cases where the Corpus delicti is especially stated upon the Record; the Case of an Indictment for publishing a forged Promissory Note may be put as a pregnant Instance.

The Matter of Your Lordships' First Question has no particular Application to Libel.

We answer, "That the Criminality or Innocence of any Act done (which includes any Paper written) is the Result of the Judgment which the Law pronounces upon that Act, and must therefore be, in all Cases, and under all Circumstances, Matter of Law, and not Matter of Fact; and this, as well where Evidence is given, as where it is not given for the Defendant: The Effect of Evidence given for the Defendant, as to this Question, being nothing more than to introduce Facts or Circumstances into the Case, which the Prosecutor had left out of it, upon which it will still be for the Law to pronounce, whether the Act done be criminal or innocent.

Your Lordships' Second Question is, "Is the Truth or Falsehood of the written or printed Paper material, or to be left to the Jury, on the Trial of an Indictment or Information for a Libel; and does it make any Difference in this Respect, Whether the Epithet "false" be or be not used in the Indictment or Information"?

This Question consists of Two Branches.

Our Answer to the first Branch of this Question is, That the Truth or Falsehood of a written or printed Paper is not material, or to be left to a Jury, upon the Trial of an Indictment or Information for a Libel."

We consider this Doctrine as so firmly settled, and so essentially necessary to the Maintenance of the King's Peace, and the good Order of Society, that it cannot now be drawn into Debate.

If it be asked, why the Word "false" is to be found in Indictments or Information for Libel? We answer, That we find it in the ancient Forms of our legal Proceedings, and therefore that it is retained; but that it hath, in all Times, been the Duty of Judges, when they come to the Proof, to separate the Substance of the Crime from the Formality with which it is attended, and too frequently loaded, and to confine the Proof to the Substance.

The Epithet "false" is not applied to the Propositions contained in the Paper, but to the aggregate criminal Result.—Libel. We say, falsus libellus, as we say falsus proditor in High Treason.

In point of Substance, the Alteration in the Description of the Offence would hardly be felt, if the Epithet were verus instead of falsus.

In the Action for Libel, the Plaintiff is not put to prove the Matter of the Libel to be false, which is decisive to shew, that the Falsehood is not Part of the Substance of the Complaint; and though the Defendant may insist in his Defence, and may prove that the Matter of the Libel is true, it is not done in the Way of contradicting what is asserted by the Plaintiff, for then it might be done under the General Issue: Whereas, if the Defendant means to insist that the Matter of the Libel is true, he must plead it by way of Justification. As between him and the Plaintiff, seeking to recover Damages for the Private Injury, the Truth of the Matter of the Libel is a Bar to the Action for Damages, the Crime, and consequently the falsus Libellus, remaining still in full Force against him.

The second Branch of the Question is, "Does it make any Difference in this Respect, i. e. in respect of the Materiality of the Truth or Falsehood, or its being to be left to the Jury, whether the Epithet false" be or be not used in the Indictment or Information?"

Our Answer will be very short. It can make no Difference in this Respect. We are not called upon to give any Opinion, and we desire to be understood, not to give any Opinion as to the Difference in any other Respect which the Omission of a formal Epithet, in an Indictment or Information, may make.

Your Lordships' Third Question is, "Upon the Trial of an Indictment for a Libel, the Publication being clearly proved, and the Innocence of the Paper being as clearly manifest, is it competent and legal for the Judge to direct or recommend to the Jury to give a Verdict for the Defendant?"

We answer, "That upon the Trial of an Indictment for a Libel, the Publication being clearly proved, and the Innocence of the Paper being as clearly manifest, it is competent and legal for the Judge to direct or recommend to the Jury to give a Verdict for the Defendant."

But we add, that no Case has occurred in which it would have been, in found Discretion, fit for a Judge, sitting at Nisi Prius, to have given such a Direction or Recommendation to the Jury.

It is a Term in the Question, that the Innocence shall be clearly manifest. This must be in the Opinion of the Judge. But the ablest Judges have been sometimes decidedly of an Opinion which has, upon further Investigation, been discovered to be erroneous, and it is to be considered, that the Effect of such a Direction or Recommendation would be unnecessarily to exclude all further Discussion of the Matter of Law, in the Court from which the Record of Nisi Prius was sent, in Courts of Error, and before your Lordships in the dernier Resort.

Very clear indeed, therefore, ought to be the Case in which such a Direction or Recommendation shall be given. In a criminal Case, which is in any Degree doubtful, it must be a very great Relief to a Judge and Jury, and a great Ease to them in the Administration of criminal Justice, to have the Means of obtaining a better and fuller Investigation of the Doubt, upon the Solution of which a right Verdict, or a right Judgement, is to depend.

A special Verdict would, in many Cases, be the only Means where the Offence is described by some one or two technical Terms, comprehending the whole Offence, the Law and the Fact combined; such as the Words "feloniously did steal." The Combination must be decomposed by a special Verdict, separating the Facts from the legal Qualities ascribed to them, and presenting them in Detail to the Eye of the Judge, to enable him to declare, whether the legal Quality ascribed to them be well ascribed to them or not.

There may be a special Verdict in all Cases where Doubts arise on the Matter of Law, but it is not necessary in all Cases. In some criminal Proceedings (the Proceedings in Libel, and the Publication of forged Papers, for Instance,) some of the Facts are detailed in the Indictment; and if the Doubt in Law should happen to arise out of the Fact so detailed, we say it is upon the Record. The Question might have been discussed upon Demurrer without going to a Jury at all; and after Verdict it may be discussed on a Motion in Arrest of Judgement. In such Cases a special Verdict is not necessary: The Verdict "Guilty" will have the Effect of a special Verdict, without the Expence and Delay of it, establishing all the Facts, and leaving the Question of Law open to Discussion.

There are three Situations in which a Defendant, charged with a Libel, may stand before a Judge and Jury in a Court of Nisi Prius. First, The Matter of Law may be doubtful; in that Case there ought to be a special Verdict, or a Verdict which shall operate as a special Verdict. Secondly, The Case may, in the Opinion of the Judge, be clear against the Defendant. If the Verdict is special, in Form or in Effect, he has no Reason to complain; his Case comes before the Court from which the Record is sent, without the Prejudice of an Authority against him. The third Situation is, That the Opinion of the Judge may be clear in Favour of the Defendant. In that Case, whenever it shall happen, we have offered it as our Opinion, that it will be competent and legal for the Judge to direct an Acquittal.

Your Lordships' Fourth Question is, "Is a Witness produced before a Jury in a Trial as above, by the Plaintiff, for the Purpose of proving the criminal Intentions of the Writer, or by the Defendant, to rebut the Imputation, admissable to be heard as a competent Witness in such Trial before the Jury?"

This Question is put so generally, that we find it it impossible to give a direct Answer to it.

The criminal Intention charged upon the Defendant in legal Proceedings on Libel is generally Matter of Form, requiring no Proof on the Part of the Prosecutor, and admitting of no Proof on the Part of the Defendant to rebut it.

The Crime consists in publishing a Libel; a criminal Intention in the Writer is no Part of the Definition of the Crime of Libel at the Common Law. He who scattereth Firebrands, Arrows, and Death," (which, if not an accurate Definition, is a very intelligible Description of a Libel,) is êa ratione criminal; it is not incumbent on the Prosecutor to prove his Intent, and on his Part he shall not be heard to say, Am I not in Sport?" But inasmuch as a criminal Intention may conduce to the Proof of the Publication of all Libels, and inasmuch as the criminal Intention is of the Substance of the Crime of Libel in some Cases by Statute, Cases may be put where a Witness is competent and admissable to prove the criminal Intention on the Part of the Prosecutor; and it may be stated as a general Rule, that in all Cases where a Witness is competent and admissable to prove the criminal Intention, a Witness will also be competent and admissable to rebut the Imputation."

Your Lordships' Fifth Question is, "Whether upon the Trial of an Indictment for sending a threatening Letter, the Meaning of the Letter set forth in the Indictment be Matter of Law or of Fact?"

We find ourselves embarrassed by the Terms in which this Question is proposed to us.

We find no Difficulty in answering, that the Exposition of the Words of the Letter, set forth in an Indictment for sending a threatening Letter, would belong to the Court, either on a Demurrer, or in an Arrest of Judgment; and we have no Difficulty in going a Step further, and saying, that if a Jury upon the Trial of such an Indictment were to find the Letter according to its Tenor, it would be for the Court to expound the Letter.

And whether the Letter (the Sense of it being thus ascertained) be a threatening Letter within the Meaning of the Law, is answered by our Answer to the First Question. This we state distinctly to be Matter of Law; it is the Judgement of the Law pronouncing whether the Paper be criminal or innocent.

But Your Lordships ask us, "Whether the Sense of the Letter be Matter of Law or of Fact?"

We find a Difficulty in separating the Sense of the Letter from the Letter; the Paper without the Sense is not a Letter.

Whether there exists such a Letter is, doubtless, Matter of Fact; as much as, whether it was sent to the Prosecutor of the Indictment. It is also Matter of Fact, whether an Act of Parliament, public or private, exists. And the same may be said of every other Writing, from Records of the highest Nature down to any Scrap of Paper, wherein Words are written which can be qualified with Crime or civil Obligation.

This goes no Way towards ascertaining what belongs to a Jury in an Indictment for sending a threatening Letter, to which we apprehend your Lordships' Question was intended to point.

The Existence of a publick Act of Parliament, your Lordships know, is not submitted to a Jury at all; private Acts and Records may be sub modo; other Instruments and Papers are; but all, without Exception, are expounded by the Judges, and the legal Effect of them declared by the Judges.

This does not rest merely on the Authority of Lawyers; in the Nature of Things it must be, that the Judges must expound or collect the Sense of the Paper, in order to their declaring the Operation of it in Law.

The Sense of a threatening Letter, or of any other Words reduced into Writing, is nothing more than the Meaning which the Words do, according to the common Acceptation of Words, import, and which every Reader will put upon them. Judges are in this respect but Readers. They must read, and understand, before they can pronounce upon Criminality or Innocence, which it belongs to them to do. It is a a necessary and inseparable Incident to their Jurisdiction. If they could resort to a Jury to interpret for them in the first Instance, who shall interpret the Interpretation, which, like the threatening Letter, will be but Words upon a Paper?

We shall not be understood to be speaking of that Sense of a Paper which is to be collected from Matter dehors the Paper, which, in legal Proceedings, must be stated by way of Averment; which Averment would be to be established in point of Fact, before the Judges could proceed to construe a Paper. On a Demurrer, or on Motion in Arrest of Judgement, these Averments would stand confessed upon the Record. If the general Issue is pleaded, they are to be found by the Jury. Judges have no means of knowing Matters of Fact dehors the Paper, but by the Confession of the Party, or the Finding of the Jury: But they can collect the intrinsic Sense and Meaning of a Paper in the same Manner as other Readers do; and they can resort to Grammars and Glossaries, if they want such Assistance.

These Principles lead to the same Conclusion for Juries as for Judges, in all Points belonging to threatening Letters, or to any other Series of Words reduced into Writing which fall within the Province of Juries. For Instance: Upon a general Issue on an Indictment for sending a threatening Letter, a Jury is to enquire whether such a Paper as the Paper charged in the Indictment exists? They must read, or hear read, and understand the Paper charged, and the Paper produced to them in Evidence, in order to their finding that the Paper charged does exist. The Jury cannot know that they are the same Papers without comparing both the Words and the Sense: But, when the Jury have read, and sufficiently understood the Paper charged, and the Paper produced, so as to be enabled to pronounce that they are the same Papers; when the Averments have been examined, and found to be true; when the Context (if there be a Context not set forth) has been seen, and understood, and found not to alter the Sense of the Paper produced, and to put a different Sense upon it than that which the Paper charged imports; and when the sending of the supposed threatening Letter is found as charged, then all Enquiry before the Jury ends; the rest is Matter of legal Conclusion.

Your Lordships' Sixth Question is, "Whether, on the Trial of an Indictment for High Treason, the Criminality or Innocence of Letters or Papers set forth as overt Acts of Treason, or produced as Evidence of an overt Act of Treason, be Matter of Law or of Fact?"

We have said in our Answer to the First Question, that in all Cases, and under all Circumstances, the Criminality or Innocence of an Act done is Matter of Law, and not of Fact.

We find nothing in the two Cases now put which should lead us to narrow the Generality of that Proposition, or to except either of those Cases out of it.

But that we may not be misunderstood, we add, that this Opinion does not go the Length of taking from the Jury the Application of the Evidence to the overt Act of which it is Evidence. It only tends to fix the legal Character of it in the only Way in which it can be fixed. And we take this Occasion also to observe, that we have offered no Opinion to Your Lordships which will have the Effect of taking Matter of Law out of a general Issue, or out of a general Verdict.

We know that it is often so combined with both, as to be inseparable from them; and we disclaim the Folly of endeavouring to prove, that a Jury, who can find a general Verdict, cannot take upon themselves to deal with Matter of Law arising in a general Issue, and to hazard a Verdict made up of the Fact, and of the Matter of Law, according to their Conception of the Law, against all Direction by the Judge.

Our Aim has been to trace the boundary Line between Matter of Law and Fact, as distinctly as we could. We believe that this is all that is necessary to be known. We have found Jurors in general desirous of keeping within their Province; which is, to examine into Matter of Fact, and cordially disposed to take their Directions in Matter of Law from those whose Education and Habits enable them to declare the Law, and to whom the Law and Constitution of the Country have committed that important Trust.

Your Lordships' last Question is, "Whether, if a Judge on a Trial on an Indictment or Information for a Libel, shall give his Opinion on the Law to the Jury, and leave that Opinion, together with the Evidence of the Publication, and the Application of the Inuendoes to Persons and Things, to the Jury, such Direction would be according to Law?"

If we do not misunderstand this Question, it it substantially answered in our Answer to the Third Question.

We mean to answer this Question in the Affirmative; but, that we may be clearly understood, we desire to be permitted in our Answer to substitute the Words "declare the Law," instead of "give his Opinion of the Law;" and the Word "Declaration" instead of "Opinion," where the Word "Opinion" occurs again in the Question: Our Answer will then stand thus:

If a Judge, on a Trial on an Indictment or Information for a Libel, shall declare the Law to the Jury, and leave that Declaration, together with the Evidence of the Publication, and the Application of Inuendoes, to Persons and Things, to the Jury, such Direction would be according to Law."

If by the Words "leave that Opinion to the Jury," is meant, in any Manner, to refer to the Jury the Consideration of what the Law is, in any View of the particular Case in Evidence, we are of Opinion, that such a Direction would not be according to Law; conceiving the Law to be, that the Judge is to declare to the Jury what the Law is; and conceiving that it is the Duty of the Jury, if they will find a general Verdict upon the whole Matter in Issue, to compound that Verdict of the Fact as it appears in Evidence before them, and of the Law as it is declared to them by the Judge.

We prefaced our Answers with stating, that the general criminal Law of England was the Law of Libel. We conclude what we have to offer to your Lordships with stating, that the Line marked out by the Law for the Conduct of a Jury giving a general Verdict, has an universal Application to general Verdicts on general Issues, in all Cases civil and criminal; for we cannot distinguish between the Office and Authority of a Jury in civil and criminal Cases, whatever Difference there may be as to their Responsibility. We desire to put Your Lordships in Mind, that it hath been the modern Policy to bring almost all Questions upon Men's dearest and most valuable Rights, to be decided on a general Issue; and it will be for Your Lordships' Consideration, whether the Line we have pointed out, which we take to be established in Law and in Reason, is not a great and essential Security to the Life, Liberty, and Property of all the King's Subjects, from the highest to the lowest."

Ordered, That the further Consideration of the said Bill be put off to Wednesday next; and that the Lords be summoned.

Adjourn.

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

DIE Lunæ, 14^o Maii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Abolition of the Slave Trade, Petitions against.

Upon reading the Petition of the Planters, Merchants, Mortgagees, Annuitants, and others interested in the British Sugar Colonies, whose Names are thereunto subscribed; setting forth, "That the Petitioners having learned from the Votes of the House of Commons, that certain Resolutions have passed that House, and have been communicated to Their Lordships for Their Concurrence, for the Purpose of regulating the Tonnage of Ships and Vessels employed in the Trade for Negroes to the Coast of Africa, and of abolishing that Trade after a Time to be limited, are greatly alarmed at the Consequences of those Resolutions, should they pass into a Law, as the Petitioners would thereby be deprived of the Supply of Negroes absolutely necessary for the Cultivation and Improvement of the British Plantations in the West Indies: That the Petitioners, their Ancestors, and Predecessors, have been induced to settle and to embark their Fortunes in the British West-India Islands, under the Protection and Encouragement of the Legislature of this Country, which has repeatedly confirmed and approved of the Trade in general, and declared it necessary and proper to be continued: That the Cultivation of those Islands has been progressively carried on at great Risque, Labour, and Expence, under a full Considence that the African Trade would be still open to to the Petitioners, subject only to such Regulations as the Wisdom of Parliament might think sit to adopt: That on this Foundation the whole System of Colonial Laws respecting Property, the Provisions of Families, and the Security of Creditors, have been constantly framed, and still rest; and that if it should now be removed, the greatest Confusion and Uncertainty must arise in every Branch of the various Interests which are connected with the British Sugar Colonies, to the Ruin of many;" and therefore praying Their Lordships, "That they may be heard at the Bar of Their Lordships' House, by themselves or Counsel, previous to Their Lordships' coming to any Decision upon the Subject-Matter of the said Resolutions:"

It is Ordered, That the Petitioners be at Liberty to be heard at the Bar of the House, by themselves or Counsel, as desired, against the said Resolutions.

Upon reading the Petition of the Merchants, Traders, and Ship Owners concerned in the African Slave Trade from the Port of London, whose Names are thereunto subscribed; setting forth; "That the Petitioners observe with Concern, by the Votes of the House of Commons, that certain Resolutions have passed that House, and have been submitted to Their Lordships, which they apprehend will tend to the immediate Abolition of the Slave Trade, and that the same has arisen from Evidence and Examination taken without the due Solemnity of an Oath, by which means an Odium has been thrown on that Branch of Commerce, and the Individuals engaged in it most unwarrantably traduced: The Petitioners humbly conceiving, that if the said Resolutions should pass into a Law, the private Property of Individuals embarked under the Sanction of repeated Acts of Parliament, would not only be extremely injured (if not sacrificed from a mistaken Zeal to the Interests of Humanity,) but that many thousand Manufacturers and Families dependant thereon would be deprived of the Means of Subsistence, to the great Detriment of the Commerce, Revenue and Navigation of this Country;" and therefore praying Their Lordships, "That they may be heard at the Bar of Their Lordships' House upon Oath by themselves or Counsel against the said Resolutions, previous to Their Lordships' coming to any Decision upon them:"

It is Ordered, That the Petitioners be at Liberty to be heard at the Bar of the House by themselves or Counsel against the said Resolutions, as desired.

Upon reading the Petition of the Merchants, Traders, and others, Inhabitants of Liverpool, whose Names are thereunto subscribed; setting forth, "That the Petitioners observe with real Concern, that a Deputation from the House of Commons has presented certain Propositions tending to the Abolition of the African Slave Trade, and have desired Their Lordships' Concurrence thereunto: That if a Bill, founded on the above-mentioned Propositions, should be passed into a Law, the Petitioners will suffer grievously in their Property, and the general Commerce of this Port be most essentially injured: That the Abolition of the said Trade will be attended with the most dreadful Consequences to many thousands of Manufacturers in this and the neighbouring Counties, and will oblige some thousands of Artificers and Mechanicks to emigrate to foreign Countries: That a great Number of Seamen who are now employed in this Trade, must if it be abolished enter into the Service of other States, and the Naval Power of this Country be thereby alarmingly diminished: That the African Slave Trade has been declared by successive Parliaments, since the Year 1661, to be advantageous, necessary, and lawful, and more particularly by the Vote of the House of Commons during their last Session, when the Proposal for abolishing the Trade was rejected by a considerable Majority: That the Petitioners, under the Protection of these Laws, have continued to invest considerable Sums of Money for the carrying on of the said Trade in Ships, Factories, and Storehouses, the Value of which would be greatly depreciated if the said Propositions be carried into Effect;" and therefore praying, "That they may be heard by Counsel against such Abolition, and also be permitted to adduce Evidence at the Bar of the House, where they trust, that the Solemnity of an Oath may be the Means of ascertaining the real Importance of this Trade, of detecting many gross Misrepresentations, and of vindicating the Characters of the Petitioners which have been most cruelly and want only aspersed:"

It is Ordered, That the Petitioners be at Liberty to be heard by Counsel at the Bar of the House against such Abolition, as desired.

Bond Streets Coach Stand, Removal Bill.

The Lord Rawdon reported from the Lords Committees, to whom the Bill, intituled, "An Act for removing the Stand of Hackney Coaches out of New Bond Street and Old Bond Street, in the Parish of Saint George Hanover Square, in the Liberty of Westminster," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be read the Third Time on Wednesday next.

Stanley Enclosure Bill.

The Lord Rawdon reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common and Waste Grounds within the Manor or Liberty of Stanley, in the County of Derby," 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."

Syerston Enclosure Bill.

The Lord Rawdon made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Arable Fields, Meadows, Commons, and Waste Grounds within the Township of Syerston, in the County of Nottingham," was committed.

Tealby Enclosure Bill.

The Lord Rawdon made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Moors, Meadows, and Pastures, and other Commonable Lands and Waste Grounds, in the Parish of Tealby, otherwise Tevilby, in the County of Lincoln," was committed.

Leo's Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for confirming and rendering effectual a Partition between Daniel Leo Esquire and Letitia his Wife, and Mary Puleston Widow, of several Estates in the Counties of Flint, Denbigh, and Caernarvon, late the Estates of John Davies, of Llanerth, Esquire, and for other Purposes therein mentioned," was committed.

Ordered, That the said Bill be engrossed.

Bolton Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enclosing, dividing, and allotting, a certain Common or Waste Ground called Bolton Moor, and other the Commons and Waste Grounds within the Township of Great Bolton, in the County Palatine of Lancaster; and for widening, paving, lighting, watching, cleansing, and regulating the Streets, Lanes, Passages, and Places, within the Towns of Great Bolton and Little Bolton; and for supplying the said Towns with Water, and for providing FireEngines and Fire-Men; and for removing and preventing Nuisances, Encroachments, and Annoyances; and for licensing and regulating Hackney Coaches and Chairs within the said Towns," was committed.

Colton Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enclosing and leasing or letting certain Commons or Waste Grounds lying within the Parish of Colton, in the County of Stafford, and applying the Profits thereof in Aid of the Poor's Rates in the said Parish, and for making Exchanges of Lands within the said Parish," was committed.

Bishop Wearmouth Bridge Bill.

The Lord Bishop of Bangor also reported from the Lords Committees, to whom the Bill, intituled, "An Act for building a Bridge across the River Wear, from the Bank or Shore thereof, in the Parish of Bishop Wearmouth, in the County of Durham, to the opposite Shore, in the Parish of Monk Wearmouth, in the same County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Flint Glass Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending the Laws of Excise relating to the Manufactory of Flint Glass."

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

It was resolved in the Affirmative.

Hereford Cathedral Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Dean and Chapter of Hereford to rebuild the West End of the Cathedral Church of Hereford, and to repair other Parts thereof."

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

It was resolved in the Affirmative.

Burlton Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term and altering and enlarging the Powers of an Act of the Twelfth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road from Burlton, in the County of Salop through Knockin to Llanymynech, in the same County, and from Knockin to the East End of the Llanriader Road, and from Place Carrick Lane to the Turnpike Road from Llanymynech to Oswestry, near Coid Issa Mountain, and from Oswestry Turnpike Road on Knockin Heath to the East End of Knockin Lane."

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

It was resolved in the Affirmative.

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

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

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

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

Mainwaring's Naturalization Bill.

To return the Bill, intituled, "An Act for naturalizing Anne Marie Mainwaring and James Mainwaring;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Uffington Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Uffington, in the County of Lincoln;" and to acquaint this House, That they have agreed to Their Lordships' Amendments made thereto.

Quick to take the Name of Nutcombe, Bill.

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

To return the Bill, intituled, "An Act to enable Nutcombe Quick, of Nutcombe, in the County of Devon, Clerk, and his first and other Sons and their Issue Male, and his Daughters and their Issue, to take and use the Surname of Nutcombe, according to the last Will and Testament of Hannah Nutcombe Bluett deceased;" and to acquaint this House, That they have agreed to Their Lordships' Amendments made thereto.

Livingstone Roads, &c. Bill:

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

With a Bill, intituled, "An Act for altering and enlarging the Powers of an Act passed in the Thirty-first Year of the Reign of His present Majesty, for repairing the Roads from Livingston, by the Kirk of Shotts, to the City of Glasgow, and other Roads therein mentioned; and for building a Bridge over the River Clyde, at or near Theevesford, and for opening and making certain Streets in and near the City of Glasgow; for altering a Part of the High Road betwixt Edinburgh and Glasgow, by carrying a new Line of Road to the North of the Hills, and another Line of Road by the South, and for straightening and making the Roads more convenient; as also for altering the Road from the City of Glasgow to the Town of Hamilton, and for building a Bridge over the River Clyde, below the present old Bridge, called Bothwell Bridge; as also for altering the Road from the Town of Hamilton Eastward, until it joins the Great Road between Edinburgh and Glasgow;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Orphans Fund, &c. Accounts delivered.

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

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

An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July 1791."

An Account of Money received and paid by the Chamberlain of the City of London, on Account of lighting, watching, cleansing, and repairing Blackfriars Bridge, from the 29th September 1790, exclusive, to the 29th September 1791, inclusive."

An Account of Money received and paid by the Chamberlain of the City of London, in Pursuance of an Act of Parliament, for making a Street or Opening from Moorfields, opposite Chiswell Street, towards the East, into Bishopsgate Street, from the 29th September 1790, to the 29th September 1791."

An Account of Money received and paid by the Chamberlain of the City of London, in Pursuance of an Act, for enabling the Lord Mayor, Aldermen, and Commons of the City of London, to purchase the present Tolls and Duties, payable for navigating upon the River Thames, from the 29th September 1790, to the 29th September 1791."

An Account of Money received and paid by the Chamberlain of the City of London, for making, enlarging, amending, and cleansing the Vaults, Drains, and Sewers within the said City and Liberties thereof, &c. from 29th September 1790, to the 29th September 1791."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Great Carlton Drainage Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually draining and preserving certain Low Lands, within the Parish of Great Carlton, in the County of Lincoln."

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

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

Westerham Road Bill.

Hodie 2^a 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, for repairing, widening, and keeping in Repair the Road leading from the Eaton Bridge Turnpike Road at Cockham Hill, in the Parish of Westerham, in the County of Kent, through the Village of Limpsfield, to the Village of Titsey, over Botley Hill, Worms Heath, and Wallingham Common, to the Turnpike Road leading from Croydon to Godstone, in the County of Surrey."

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

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

Carmarthen Gaol, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a new Gaol and House of Correction, for the Town and County Borough of Carmarthen, and for supplying the said Town and County Borough, and the Liberties thereof with Water; and for paving, watching, lighting, cleansing, and regulating the Streets, Lanes, Ways, Roads, and Public Passages, and for widening and making the same more commodious, and removing and preventing Nuisances, Annoyances, and Obstructions therein; and for other Purposes."

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

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

Servants' Characters Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to prevent the forging and Counterfeiting Certificates of Servants Characters:"

The said Bill was accordingly read a Second Time.

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.

Standing Order No. 94, to be considered.

Ordered, That the Standing Order N^o 94, relative to Private Bills, be taken into Consideration To-morrow; and that the Lords be summoned.

Libel Juries Bill:

It was moved, "That the Order made on Wednesday last, for the further Consideration of the Bill, intituled, "An Act to remove Doubts respecting the Functions of Juries in Cases of Libel;" on Wednesday next, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the further Consideration of the said Bill, be put off to Friday next; and that the Lords be summoned.

Questions to Judges thereon, and their Answers to be printed.

Ordered, That the Questions put to the Judges upon the Second Reading of the said Bill; and the Judges' Opinions upon the said Questions, as delivered by the Lord Chief Baron of the Court of Exchequer, be printed.

Templer's Bill.

The Duke of Portland reported from the Lords Committees, to whom the Bill, intituled, "An Act to subject and charge a competent Part of the settled Estates of James Templer Esquire, in the County of Devon, with a Sum of Money to be applied and disposed of, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and made some Amendments thereto."

Ordered, That said Bill be re-committed to the same Committee; and that they do meet to consider the same on Wednesday next.

Churchill's Bill specially reported.

The Lord Cathcart reported from the Lords Committees, appointed to consider of the Bill, intituled, "An Act to enable the Heir or Heirs at Law of the surviving Trustee of Lands and Hereditaments in the Parishes of Chalfont Saint Peters, and Iver, in the County of Bucks, purchased with the Part of the personal Estate of Charles Churchill Esquire deceased, by virtue of an Act of Parliament, made in the Twenty-third Year of the Reign of His late Majesty King George the Second, to sell and convey the same Lands and Hereditaments for a Consideration to be paid into the Hands of the Trustees of the personal Estate of Charles Churchill Esquire deceased, and also to enable the said Trustees to invest the said Purchase Money, and other the said personal Estate, in the Purchase of other Lands and Hereditaments to be settled to the Uses, and with the Limitations mentioned in the said Act of Parliament, and again to sell and dispose of the said Lands and Hereditaments, and any other Lands that may be purchased under the same Act or by virtue of this Act, and to invest the Purchase Monies arising thereupon either in the public Funds, or upon Securities, or in the Purchase of other Lands and Hereditaments, to be conveyed to the same Uses:" "That the Committee had met and considered the said Bill, and examined the Allegations contained therein, which were found to be true; and that all the Parties concerned had given their Consents to the Satisfaction of the Committee; That the Committee think it their Duty to observe, that the said Bill departs from the Covenant contained in an Indenture of Settlement therein mentioned, made on the Marriage of the said Mr. Churchill, wherein it was agreed that the said Mr. Churchill should endeavour to obtain an Act of Parliament, for investing the trust Money bequeathed by the Will of Charles Churchill Esquire deceased, or so much thereof as to the Trustees should seem meet and sufficient to answer all the Purposes of the said Indenture of Settlement, in the Purchase of Freehold or Copyhold Lands of Inheritance, in so far as it impowers the Trustees for the Time being to invest the Produce of the Estates to be sold in Parliamentary Stocks or Funds or real or Government Securities at Interest; but under the actual Circumstances of the Family, it appears to the Committee, that the Bill is reasonable and fit to be passed into a Law; and that the Committee had gone through the Bill, and ordered it to be reported, with one Amendment."

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

Berwick Roads Bill, Petition against.

Upon reading the Petition of Henry Dunbar in Behalf of himself, and of the Heritors, Farmers, and other Inhabitants of the Shire of Berwick, taking Notice of a Bill depending in this House, intituled, "An Act for repealing an Act of the twelfth Year of His present Majesty, intituled, "An Act for repairing and widening the Roads from the Confines of the County of Berwick, at or near Banghouse Walls, to Compton's Lanes and Eymouth, and from the Town of Eccles to Eymouth, and from Whitelaw Muir to Compton's Lanes, in the County of Berwick; and for repairing, widening, and amending several Roads, and for regulating the Statute Labour, in the said County of Berwick;" and praying, "To be heard by Counsel against the said Bill, and the Clauses thereof:"

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.

Keith against Sir W. Forbes, et al.

The House being informed, "That Sir William Forbes and others, Respondents to the Appeal of William Keith Accountant in Edinburgh, Trustee for the Creditors of Sir Robert Maxwell of Orchardton Baronet, had not put in their Answer to the said Appeal, though duly served, with the Order of this House for that Purpose:"

And thereupon an Affidavit of Robert Newbigging, Clerk to John Tait, Writer to the Signet, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

National Debt Commissioners Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to amend and render more effectual an Act made in the Twenty-sixth Year of His present Majesty's Reign, intituled, "An Act for vesting certain Sums in Commissioners at the End of every Quarter of a Year, to be by them applied to the Reduction of the National Debt;" and to provide for the Application of an additional Sum to the Reduction of the said Debt, in case of future Loans:"

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And the Lord Cathcart 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 Tomorrow.

British West India Islands, Addresses for Accounts of Number of Ships which entered and cleared from Ireland, with the Value of Imports and Exports.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to Order that there be laid before this House, "An Account of the Number of Ships with their Tonnage, which entered the Ports of Ireland from the British West Indies, together with the total Value of Goods and Commodities, being the Produce of the British Islands in the West Indies, imported into Ireland from the Year 1782 to the latest Period, to which the same can be made up, and the Amount of the Duties payable thereon in each Year."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to Order, that there be laid before this House, "An Account of the Number of Ships with their Tonnage, which cleared from Ireland to the British West India Islands; and the total Value of British and Irish Manufactures and Foreign Goods, exported from Ireland to the British West India Islands, from the Year 1782 to the latest Period, to which the same can be made up, distinguishing each Year."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

African and West India Trades, Accounts respecting, ordered.

Ordered, That the proper Officer do lay before this House, "An Account of the Number of Ships with their Tonnage, which cleared from Great Britain to Africa, in each Year, from 1700 to the latest Period, to which the same can be made up, together with the total Exports to Africa, in each Year, during the same Period, distinguishing the Value of the British India and Foreign Goods, with the Quantity and Value of each Article, from the Year 1782 to the Year 1788, both inclusive."

Also, "An Account of the Number of Ships with their Tonnage, which entered in the Ports of Great Britain from Africa, in each Year from 1700, to the latest Period, to which the same can be made up, together with the total Value of Imports to Great Britain, in each Year during the same Period, with the Amount of the Duties of Customs and Excise, with the Quantity and Value of each Article, from the Year 1782 to 1788, both inclusive."

Also, "An Account of the Number of Ships with their Tonnage, which entered annually in the several British West India Islands from Africa, from the Year 1783, to the latest Period to which the same can be made up; with the Number of Negroes which were imported on board the same, in each Year, distinguishing each Island."

Also, "An Account of the Trade carried on by the African Company, from 1679 to 1689, distinguishing each Year."

Also, "An Account of the Number of Ships with their Tonnage, which cleared outwards from Great Britain to the British West India Islands, in each Year from 1700, to the latest Period to which the same can be made up, together with the total Value of Exports from Great Britain to the British West Indies, distinguishing the Amount of the British India and Foreign Goods, with the Quantity and Value of each Article, from the Year 1782."

Also, "An Account of the Number of Ships with their Tonnage, which entered in the Ports of Great Britain from the British West India Islands, in each Year from 1700, to the latest Period to which the same can be made up, and the Value of the Imports from the said Islands to Great Britain, with the Amount of the Duties of Customs and Excise thereon, distinguishing each Year, and from the Year 1782, specifying each Article so imported."

Also, "A General Abstract of the Number of Ships with their Tonnage, that have cleared out and entered inwards between Great Britain and Africa, and the British West India Islands, together with the total Value of the Exports and Imports from and to Great Britain and Africa, and the British West Indies, from 1763, to the latest Period to which the same can be made up."

Also, "An Account of the Number of Vessels their Tonnage and Number of Men, including their repeated Voyages that have cleared outwards from the British West India Islands to all Parts of the World, from the Year 1786, to the latest Period to which the same can be made up, together with an Account of the Species, Quantity and Value of the principal Articles of West India Produce, which have been exported in the said Vessels, distinguishing each Island."

Also, "An Account of the Imports and Exports to and from each of the British Islands in the West Indies, to and from any Foreign Ports in Europe."

Also, "An Account of the Trade which is carried on between the British Islands in the West Indies, and the West India Possessions of foreign Powers, containing first the Export Trade, secondly the Import Trade."

Also, "An Account of the Number of Ships with their Tonnage, which are annually employed in the Trade between the British Islands in the West Indies, and the remaining British Colonies in North America, including Newfoundland, from the Year 1782, to the latest Period to which the same can be made up, specifying the Quantity and Value of the Articles of which such Trade consisted."

Also, "An Account of the Value of Imports from the foreign West Indies into Great Britain, from the Year 1762, to the latest Period to which the same can be made up, distinguishing each Year, and from the Year 1785, distinguishing the particular Articles of which such Imports consisted."

Also, "An Account of the Value of Exports from Great Britain to the foreign West Indies, from the Year 1762, to the latest Period to which the same can be made up, distinguishing each Year, and the Value of the British Manufactures from the foreign Merchandize, and from the Year 1785, distinguishing the particular Articles of which such Exports consisted."

Also, "An Account of the Number of Vessels, their Tonnage and Number of Men which have cleared out from the British Islands in the West Indies, from the Year 1782, to the latest Period to which the same can be made up, and of the Commodities exported in the said Vessels to the United States of America, distinguishing each Year."

Also, "An Account of the Number of Vessels with their Tonnage and Number of Men, which have cleared out from the British Islands in the West Indies, from the Year 1782, to the latest Period to which the same can be made up, also of the Commodities exported in the said Vessels to Africa, distinguishing each Year."

Also, "An Account of the Number of foreign Vessels, their Tonnage and Number of Men which have entered inwards in the Islands of Jamaica, Dominica, Grenada, and New Providence, from the foreign Colonies and Plantations in America, under the several Acts of Parliament, commonly called the FreePort Acts, with the Amount of the several Commodities annually imported in the said Vessels, from the Year 1783, to the latest Period to which the same can be made up, distinguishing each Year and each Island."

And also, "An Account of the Number of Vessels, their Tonnage and Number of Men which have cleared out from the Free Ports of Jamaica, Dominica, Grenada, and New Providence, from the Year 1783, to the latest Period to which the same can be made up, distinguishing each Year and each Island, also the Number of Negroes, and the Quantity and Value of Bread and Flour, and other Commodities annually exported in the said Vessels."

Slave Trade, &c. considered.

The Order of the Day being read for taking into 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 Trade, 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 West India Colonies to be heard by their Counsel at the Bar of the House in Support of their Petition, presented to the House on the 3d of this instant May:

It was moved, "That the Petition of the Planters, Merchants, Mortgagees, Annuitants, and others interested in the British Sugar Colonies, whose Names are thereunto subscribed."

Also, "The Petition of the Merchants, Traders, and Ship Owners concerned in the African Slave Trade from the Port of London, whose Names are thereunto subscribed."

And also, "The Petition of the Merchants, Traders, and other Inhabitants of Liverpool, whose Names are thereunto subscribed, presented to the House this Day against the Abolition of the Slave Trade, be again read."

The same were accordingly read by the Clerk.

Ordered, That the Petitioners be heard at the Bar of the House by their Counsel presently, in Support of their said Petitions.

Counsel were accordingly called in.

And Mr. Law and Mr. Dallas appearing as Counsel for the several Petitioners:

Mr. Law was heard to open the Allegations of the Petition of the Planters, Merchants, Mortgagees, Annuitants, and others interested in the British Sugar Colonies.

Then the Right Honourable George Lord Macartney being called in, was sworn at the Bar:

He was directed to withdraw.

The Counsel were directed to withdraw.

Ordered, That the 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 Trade, and the general State and Condition, of the West India Islands, and the Means of improving the same, on Monday next; and that the Counsel be called in at Twelve o'Clock; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quintum diem instantis Maii, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 15^o Maii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Leo's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and rendering effectual, a Partition between Daniel Leo Esquire, and Letitia his Wife, and Mary Puleston Widow, of several Estates in the Counties of Flint, Denbigh, and Caernarvon, late the Estates of John Davies of Llanerth Esquire, and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Stanley Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Waste Grounds within the Manor or Liberty of Stanley, in the County of Derby."

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

It was resolved in the Affirmative.

Bishop Wearmouth Bridge Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for building a Bridge across the River Wear, from the Bank or Shore thereof, in the Parish of Bishop Wearmouth, in the County of Durham, to the opposite Shore, in the Parish of Monk Wearmouth, in the same County."

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

It was resolved in the Affirmative.

Syerston Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Arable Fields, Meadows, Commons, and Waste Grounds, within the Township of Syerston, in the County of Nottingham."

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

It was resolved in the Affirmative.

Tealby Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Moors, Meadows, and Pastures, and other Commonable Lands and Waste Grounds, in the Parish of Tealby, otherwise Tevilby, in the County of Lincoln."

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

It was resolved in the Affirmative.

Bolton, &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing, dividing, and allotting a certain Common or Waste Ground, called Bolton Moor, and other the Commons and Waste Grounds within the Township of Great Bolton, in the County Palatine of Lancaster; and for widening, paving, lighting, watching, cleansing, and regulating the Streets, Lanes, Passages, and Places within the Towns of Great Bolton and Little Bolton; and for supplying the said Towns with Water, and for providing Fire Engines and Firemen, and for removing and preventing Nuisances, Encroachments, and Annoyances; and for licensing and regulating Hackney Coaches, and Chairs within the said Towns."

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

It was resolved in the Affirmative.

Colton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and leasing, or letting certain Commons, or Waste Grounds, lying within the Parish of Colton, in the County of Stafford, and applying the Profits thereof in Aid of the Poor's Rates in the said Parish, and for making Exchanges of Lands with the said Parish."

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 Six preceding Bills.

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

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

Monk Sherborne Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields and Waste Lands within the Common Fields only, in the Parish of Monk Sherborne, in the County of Southampton."

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

Their Lordships, or any Five of them, to meet on Wednesday the 23d Day of this Instant May, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Livingston Roads, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for altering and enlarging the Powers of an Act passed in the Thirty-first Year of the Reign of His present Majesty, for repairing the Roads from Livingston, by the Kirk of Shotts, to the City of Glasgow, and other Roads therein mentioned; and for building a Bridge over the River Clyde, at or near Theevesford, and for opening and making certain Streets, in and near the City of Glasgow; for altering a Part of the High Road betwixt Edinburgh and Glasgow, by carrying a new Line of Road to the North of the Hills, and another Line of Road by the South, and for straightening and making the Roads more convenient: as also for altering the Road from the City of Glasgow to the Town of Hamilton, and for building a Bridge over the River Clyde below the present old Bridge, called Bothwell Bridge; as also for altering the Road from the Town of Hamilton Eastward, until it joins the Great Road between Edinburgh and 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 Tomorrow, at the usual Time and Place; and to adjourn as they please.

Montgomery, &c. Poor Bill.

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

With a Bill, intituled, "An Act for the better Relief and Employment of the Poor, belonging to the Parishes of Montgomery and Pool, and certain other Parishes and Places therein mentioned, in the Counties of Montgomery and Salop;" to which they desire the Concurrence of this House.

New Forest Timber Bill.

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

With a Bill, intituled, "An Act for the further Increase and Preservation of Timber, within the New Forest, in the County of Southampton; and for the Sale of Rents, and the Enfranchisement of Copyhold Tenements, in the said Forest;" to which they desire the Concurrence of this House.

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

Ordered, That the last-mentioned Bill be printed.

Shipton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Common Meadows, Common Downs, and other Commonable Lands and Grounds in the Parish of Shipton, in the County of Southampton;" to which they desire the Concurrence of this House.

Rodmarton, &c. Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Waste Grounds, within the several Parishes of Rodmarton and Coates, in the County of Gloucester; and also for settling and ascertaining the Boundaries of the said Parishes;" to which they desire the Concurrence of this House.

Liverpool Church Bill.

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

With a Bill, intituled, "An Act for building a new Church or Chapel, within the Town and Parish of Liverpool, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Bristol Gaol Bill.

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

With a Bill, intituled, "An Act for building a new Gaol, a Penitentiary House, and House of Correction, within the City of Bristol; and for regulating, maintaining, and supporting the same, and for disposing of the present Common Gaol of the said City of Bristol, and County of the same City; and for other Purposes;" to which they desire the Concurrence of this House.

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

Hastings' Trial.

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

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

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

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

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

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

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

Then the Lord Chancellor said,

Gentlemen, You who are of Counsel for Mr. Hastings may now proceed in his Defence, and the Lords will be pleased to give Attention."

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

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

The House was resumed.

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

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

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

Honiton Road Bill.

The Duke of Leeds reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually amending, widening, and keeping in Repair the Road from Penn Inn, in the County of Dorset, to or near Shipley Lane, in the Parish of Honiton, in the County of Devon, and from Northcote Lane in Honiton aforesaid, to or near Collumpton, in the said County of Devon, and several other Roads in the Counties of Dorset, Devon, and Somerset; and for repealing so much of an Act passed in the Thirtyfirst Year of the Reign of King George the Second, intituled, "An Act for repairing and widening several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis, as relates to the Road from Fair Mile Inn to Straightway Head otherwise Stretwood Head, in the Parish of Whimple, in the said County of Devon," 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."

Turner's Patent Bill.

The Lord Rawdon made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for vesting in James Turner, his Executors, Administrators, and Assigns, the sole Use and Property of a certain Yellow Colour of his Invention, throughout that Part of Great Britain called England, the Dominion of Wales, and Town of Berwick-uponTweed, for a limited Time," was committed.

Ford and Lowick Roads Bill.

The Lord Delaval made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and improving the Road leading from Cornhill Burn, by Pallinsburn and Flodden Lane, to Milfield March Burn, and by Ford Bridge to Lowick, and also several other Roads therein mentioned, all in the Counties of Northumberland and Durham," was committed.

National Debt Commissioners Bills.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to amend and render more effectual an Act made in the Twentysixth Year of His present Majesty's Reign, intituled, An Act for vesting certain Sums in Commissioners, at the End of every Quarter of a Year, to be by them applied to the Reduction of the National Debt; and to provide for the Application of an additional Sum to the Reduction of the said Debt, in case of future Loans:"

Ordered, That the said Report be received Tomorrow.

Standing Order No. 94, Consideration deferred.

The Order of the Day being read for taking into Consideration the Standing Order N^o 94, relative to Private Bills; and for the Lords to be summoned:

Ordered, That the Standing Order be taken into Consideration To-morrow; and that the Lords be summoned.

Scotch Episcopalians, Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act for granting Relief to Pastors, Ministers, and Lay Persons of the Episcopal Communion in Scotland:"

The House was adjourned during Pleasure, and put into a Committee again upon the said Bill.

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report when the House will please to receive the same."

Ordered, That the said Report be received To-morrow.

Adjourn.

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

DIE Mercurii, 16^o Maii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scotch Episcopalians Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for granting Relief to Pastors, Ministers, and Lay Persons of the Episcopal Communion in Scotland:"

The Lord Cathcart accordingly reported the said Amendments.

And the same being read by the Clerk;

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

National Debt, Commissioners Bill.

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to amend and render more effectual an Act made in the Twenty-sixth Year of His present Majesty's Reign, intituled, "An Act for vesting certain Sums in Commissioners at the End of every Quarter of a Year, to be by them applied to the Reduction of the National Debt; and to provide for the Application of an additional Sum to the Reduction of the said Debt, in case of future Loans:"

The Lord Cathcart accordingly reported the said Amendments.

The said Amendments were read by the Clerk, as follow; (videlicet)

Pr. 5. L. 14. After ("to") insert ("the Day on which the Act or Acts of Parliament by which")

L. 15. After ("Loan") insert ("shall be created, or shall have received the Royal Assent")

Pr. 7. L. 33. After ("the") insert ("Speaker of the")

L. 34 and 35. After ("Fourteen") Leave out ("Sitting"), and in the same Line, after ("any") leave out to ("for") in Line 38, and instead thereof insert ("Act of Parliament")

L. 39. After ("aforesaid") insert ("shall have received the Royal Assent")

Pr. 8. L. 27. After ("the") insert ("said")."

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

Honiton Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually amending, widening, and keeping in Repair the Road from Penn Inn, in the County of Dorset, to or near Shipley Lane, in the Parish of Honiton, in the County of Devon, and from Northcote Lane, in Honiton aforesaid, to or near Collumpton, in the said County of Devon; and several other Roads in the Counties of Dorset, Devon, and Somerset; and for repealing so much of an Act passed in the Thirtyfirst Year of the Reign of King George the Second, intituled, "An Act for repairing and widening several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis, as relates to the Road from Fair Mile Inn to Straightway Head, otherwise Stretwood Head, in the Parish of Whimple, in the said County of Devon."

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

It was resolved in the Affirmative.

Ford and Lowick Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and improving the Road leading from Cornhill Burn, by Pallinsburn and Flodden Lane, to Milfield March Burn, and by Ford Bridge to Lowick; and also several other Roads therein mentioned, all in the Counties of Northumberland and Durham."

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

It was resolved in the Affirmative.

Bond Streets Coach Stand Removal Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for removing the Stand of Hackney Coaches out of New Bond Street and Old Bond Street, in the Parish of Saint George, Hanover Square, in the Liberty of Westminster."

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

It was resolved in the Affirmative.

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

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

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

Bristol Gaol Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a new Gaol, a Penitentiary House, and House of Correction within the City of Bristol, and for regulating, maintaining, and supporting the same; and for disposing of the present Common Gaol of the said City of Bristol and County of the same City; and for other Purposes."

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

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

Montgomery, &c. Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor belonging to the Parishes of Montgomery and Pool, and certain other Parishes and Places therein mentioned, in the Counties of Montgomery and Salop."

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

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

Shipton Enclosure Bill.

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

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Tock with Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Arable Fields, Ings, Meadows, Commons, and Waste Grounds, within the Township of Tockwith, in the Parish of Bilton, in the County of the City of York;" to which they desire the Concurrence of this House.

Monk Fryston Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the several Open Common Fields, Meadows, Ings, Commons, and Waste Grounds, within the Manor and Township of Monk Fryston, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Vagrants Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the Seventeenth Year of the Reign of His late Majesty King George the Second, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction;" to which they desire the Concurrence of this House.

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

Ordered, That the last-mentioned Bill be printed.

Broadstairs Harbour Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing or re-building the Pier adjoining to the Harbour of Broadstairs, in the Isle of Thanet, in the County of Kent, and for the better preserving the said Harbour; and for removing and preventing Obstructions, Nuisances, and Annoyances, and regulating the Mooring of Ships and Vessels within the said Harbour," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

Pr. 43. L. 36 & 37. Leave out from ("Dover") to ("either") in Line 40.

Pr. 44. L. 22. Leave out ("Justices") and insert ("Justice") and in the same Line leave out ("they are") and insert ("he is")

L. 24. Leave out ("or their")

Pr. 45. L. 4. Leave out in the Margin to the Form of Conviction from ("Dover") to the End thereof, and in Line 10, leave out from ("Dover") to ("by") in Line 15.

Pr. 46. L. 9. Leave out ("or the Mayor of the Town and Port of Sandwich")"

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

Lanark Roads Bill.

The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term and altering the Powers of so much of an Act made in the Twelfth Year of the Reign of His present Majesty, as relates to the repairing and widening several Roads leading through the County of Lanark," 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."

St. Cuthbert Enclosure Bill.

The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing a Tract of Common or Waste Land, Part of the Forest of Mendip, lying within the Manors of East Horrington and Chilcot, in the Out Parish of Saint Cuthbert-in-Wells, in the County of Somerset," 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."

Edwin or Wyndham's Bill.

The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Messuages, Lands, and other Hereditaments, in the Counties of Berks and Bucks, (being the Estates devised and settled by the Will of Catherine Edwin Spinster, deceased) in Trustees, to be sold, and conveyed to John Martindale Esquire, and his Heirs, and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the same Uses, as the said settled Estates now stand settled by the said Will," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

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

Silk Manufacture Bill.

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

With a Bill, intituled, "An Act for extending the Provisions of an Act made in the Thirteenth Year of the Reign of His present Majesty, intituled, "An Act to empower the Magistrates therein mentioned to settle and regulate the Wages of Persons employed in the Silk Manufacture within their respective Jurisdictions, "To Manufactories of Silk mixed with other Materials, and for the more effectual Punishment of Buyers and Receivers of Silk purloined and embezzled by Persons employed in the Manufacture thereof;" to which they desire the Concurrence of this House.

Levant Trade Bill.

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

With a Bill, intituled, "An Act to extend and render more effectual an Act passed in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for enlarging and regulating the Trade into the Levant Seas;" to which they desire the Concurrence of this House.

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

Ordered, That the said Bills be printed.

Goldsworthy's Bill.

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

To return the Bill, intituled, "An Act to empower Philip Goldsworthy Esquire, Tenant for Life, under the Will of Martha Gashry deceased, to grant building or repairing Leases;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Tonge's Bill.

A Message was brought from the House of Commons, by the Marquis of Worcester and others:

To return the Bill, intituled, "An Act to enable the Trustees in the Settlement executed on the Marriage of Henry Tonge Esquire, and Ann Eliza his Wife, to sell and dispose of a Capital Messuage or Mansion House and other Hereditaments, in the County of Somerset, and to lay out the Money arising from the Sale thereof, in the Purchase of Old South Sea Annuities, upon the Trusts of the said Settlement;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Hastings' Trial:

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

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

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

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

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

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

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

Then the Lord Chancellor said,

Gentlemen, You who are of Counsel for Mr. Hastings, may now proceed in his Defence, and the Lords will be pleased to give Attention."

Then a Witness was called in, sworn, and examined.

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

The House was resumed.

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

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

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

Templer's Bill.

The Duke of Portland reported from the Lords Committees, to whom the Bill, intituled, "An Act to subject and charge a competent Part of the settled Estates of James Templer Esquire, in the County of Devon, with a Sum of Money to be applied and disposed of for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

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

Lyon's Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Rector of the Parish and Parish Church of Prestwich-cum-Oldham, in the County Palatine of Lancaster, for the Time being, to grant Leases of the Glebe belonging to the said Rectory," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

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

Hessle, &c. Drainage Bill.

The Earl Fitzwilliam reported from the Lords Committees, to whom the Bill, intituled. "An Act for dividing, enclosing, draining, and improving the Open Fields, Meadows, Pastures, Commons, and Waste Grounds, within the several Townships or Hamlets of Hessle, Anlaby and Tranby, in the County of the Town of Kingston-upon-Hull; and for making a Compensation in Lieu of Tythe, for certain ancient enclosed Lands within the said several Townships or Hamlets, and also within the Township or Hamlet of Wooferton otherwise Wolfreton, in the same County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Almond and Airdie Roads Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled "An Act for making, amending, widening, and keeping in Repair, the Roads from the New Bridge over the Water of Almond, on the Confines of the Counties of Edinburgh and Linlithgow, by the Town of Bathgate, to Baillieston, in the County of Lanerk; and for making, amending, widening, and keeping in Repair certain Branches of Road from the said Line of Road; and for building a Bridge over the Water of Avon at Torphichen Mill; and for discharging the Trustees for executing two Acts passed in the Twentysixth and Twenty-seventh Years of the Reign of His late Majesty King George the Second, and two Acts passed in the Fourteenth and Thirty-first Years of the Reign of His present Majesty, from the Care of such Part of the Road from Newhouse Inn to Glasgow, as leads from the Confines of the Parishes of Monkland and Shotts to the East Boundary of Baillieston aforesaid, and putting the same under the Power of the Trustees appointed by this Act," was committed.

Swell Wold Roads Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for amending, widening, altering, and repairing the Roads from Swell Wold, in the Parish of Lower Swell, in the County of Gloucester, to or near the Sixth Milestone on the Turnpike Road leading from the Borough of Tewkesbury to the Town of Stow, in the same County; and from the North East End of the Swan Lane, in the Parish of Cheltenham, in the same County, to the Turnpike Road leading to Evesham, in the Parish of Sedgeborough, in the County of Worcester; and from the Town of Winchcomb, in the said County of Gloucester, by a Place called Stamp Cross, to or near the Tenth Mile-stone on the said Turnpike Road, leading from Tewkesbury to Stow aforesaid," was committed.

South Malling Road Bill.

The Lord Cathcart also made the like Report from the Lords Committees, to whom the Bill, intituled "An Act to enlarge the Term and alter and amend the Powers of two several Acts passed in the Thirty-second Year of the Reign of King George the Second, and the Twentieth Year of the Reign of His present Majesty, for repairing the Road from the South End of the South Street, in the Parish of South Malling, near the Town of Lewes, to Glynd Bridge, and from thence through Firle Street under the Hill, to Longbridge, in the Parish of Alfriston, in the County of Sussex, (except so far as the said Acts relate to the Part of the said Road which lies between a Place commonly called Bopeep, in the Parish of Alfriston, and Longbridge aforesaid), and for amending and keeping in Repair several other Roads therein mentioned, in the said County of Sussex," was committed.

Campbell's Bill, standing Order No. 94, dispensed with, and Report agreed to.

The Order of the Day being read for taking into Consideration the standing Order of No. 94. relative to private Bills; and for the Lords to be summoned:

The House proceeded to take the same into Consideration.

And Consideration being had thereof accordingly:

Ordered, That the said Standing Order be dispensed with, so far as relates to the Bill, intituled, "An Act for vesting those Parts of the Lands and Estate of Blythswood, and others, which lie in the County of Lanerk, in Trustees, for the Purpose of selling or feuing the same, and for investing the Money arising by such Sale in the Purchase of other Lands and Estates, more commodious and contiguous to the other and greater Part of the said Estate of Blythswood, which lies in the County of Renfrew, and for settling and securing the Lands and Estates, so to be purchased to and in favour of the same Series of Heirs, in Fee-Tail, and under the same Restrictions, Conditions and Limitations, as are mentioned and contained in a Deed of Entail, made in the Year One thousand seven hundred and thirty-nine, by Colin Campbell of Blythswood deceased."

The House proceeded to take into Consideration the special Report made on Friday last, from the Committee, to whom the last-mentioned Bill, was committed.

Which Report, being read by the Clerk, was agreed to by the House.

Then the Amendments made by the Committee, being read Twice by the Clerk, were agreed to by the House.

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

Bills concerning Estates in Scotland, Standing Order respecting.

It was moved, "That for the future when a Petition for a private Bill concerning Estates in Land, or heritable Subjects, situated in that Part of Great Britain called Scotland, shall be offered to this House, it shall be referred to the Lord President of the Court of Session in Scotland, the Lord Justice Clerk, and the Chief Baron of the Court of Exchequer in Scotland, or any two of them, who are forthwith to summon all Parties before them, who may be concerned in the Bill, and after hearing all the Parties and perusing the Bill, are to report to the House the State of the Case, and their Opinion thereupon under their Hands, and are to sign the said Bill. The same Method is to be observed as to private Bills concerning Estates in Land or heritable Subjects, situated in that Part of Great Britain called Scotland, brought from the House of Commons before the Second Reading of such Bills, by sending a Copy of the said Bill signed by the Clerk to the Chief Judges aforesaid, or any two of them."

Then it was moved, "That for the future Heirs of Entail concerned in the Consequences of such private Bills as aforesaid, and who reside in that Part of Great Britain called Scotland, may give their Consent to the passing of such Bills before the Lord President of the Court of Session in Scotland, the Lord Justice Clerk and the Chief Baron of the Court of Exchequer in Scotland, or any two of them; and the Certificate of the said Judges, or any two of them, by which it shall appear that on a Day and at a Place to be therein expressed, such Person or Persons did appear personally before them, and being aware of the Interest they may have in such Bill, did give his, her, or their Consent for him or themselves, and for those for whom, according to the Law of Scotland, he, she, or they may be intitled to consent, and did in their Presence sign a Bill, (which Bill together with the said Certificate which must be produced,) shall be held as sufficient Evidence of the Consent of such Person or Persons, before any Committee of this House, to whom the Consideration of such Bill may be referred."

Then it was moved, "That it be a general Instruction to the Judges who shall meet to take the Consent of Heirs of Entail concerned in the Consequences of private Bills relating to Estates in that Part of Great Britain called Scotland, that they take no Notice of the Consent of any Person to the passing of such Bill, unless such Person appear before them, or that it be made manifest to them by an Instrument under the Hand of a Notary Public, duly executed according to the Forms required by the Law of Scotland, that he or she is not able to attend, and doth consent to the said Bill."

The same were agreed to, and ordered accordingly.

Ordered, That the said Order be made a Standing Order; and that it be entered on the Roll of Standing Orders, and printed and published, to the End that all Persons concerned may the better take Notice of the same.

Churchill's Bill.

The House proceeded to take into Consideration the special Report made on Monday last from the Committee, to whom the Bill, intituled, "An Act to enable the Heir or Heirs at Law of the surviving Trustee of Lands and Hereditaments, in the Parishes of Chalfont Saint Peter's and Iver, in the County of Bucks, purchased with Part of the personal Estate of Charles Churchill Esquire, deceased, by virtue of an Act of Parliament made in the Twenty-third Year of the Reign of His late Majesty King George the Second, to sell and convey the same Lands and Hereditaments, for a Consideration to be paid into the Hands of the Trustees of the personal Estate of Charles Churchill Esquire, deceased; and also to enable the said Trustees to invest the said Purchase Money, and other the said personal Estate, in the Purchase of other Lands and Hereditaments, to be settled to the Uses, and with the Limitations, mentioned in the said Act of Parliament, and again to sell and dispose of the same Lands and Hereditaments, and any other Lands that may be purchased under the same Act, or by virtue of this Act, and to invest the Purchase-Monies arising therefrom, either in the public Funds or upon Securities, or in the Purchase of other Lands and Hereditaments, to be conveyed to the same Uses," was committed.

Which Report, being read by the Clerk, was agreed to by the House.

Then the Amendment made by the Committee, being read Twice by the Clerk, was agreed to by the House.

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

Derby Paving Bill. Petition against.

Upon reading the Petition of the several Persons, whose Names are thereunto subscribed, on behalf of themselves and others, Owners and Occupiers of Houses in the Borough of Derby, taking Notice of a Bill depending in this House, intituled, "An Act for paving, cleansing, lighting, and otherwise improving the Streets, Lanes, and other public Passages and Places, within the Borough of Derby; and for selling a certain Piece of Waste Ground situate within the said Borough, called Nun's Green, towards defraying the Expence of the said Improvements;" and praying Their Lordships, "That they may be heard by themselves or Counsel against such Part of the said Bill as relates to the Mode of Taxation, and that the same may not pass as it now stands, or that they may have such other Relief in the Premises, as to the House shall seem meet:"

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 themselves or 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.

Adjourn.

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

DIE Veneris, 18^o Maii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Churchill's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Heir, or Heirs at Law of the surviving Trustee of Lands and Hereditaments, in the Parishes of Chalfont Saint Peter's, and Iver, in the County of Bucks, purchased with Part of the personal Estate of Charles Churchill Esquire, deceased, by virtue of an Act of Parliament, made in the Twenty-third Year of the Reign of His late Majesty King George the Second, to sell and convey the same Lands and Hereditaments, for a Consideration to be paid into the Hands of the Trustees of the personal Estate of Charles Churchill Esquire, deceased; and also to enable the said Trustees to invest the said Purchase Money, and other the said personal Estate, in the Purchase of other Lands and Hereditaments, to be settled to the Uses, and with the Limitations mentioned in the said Act of Parliament, and again to sell and dispose of the same Lands and Hereditaments, and any other Lands that may be purchased under the same Act, or by virtue of this Act, and to invest the Purchase Monies arising therefrom, either in the public Funds or upon Securities, or in the Purchase of other Lands and Hereditaments, to be conveyed to the same Uses."

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

It was resolved in the Affirmative.

Campbell's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting those Parts of the Lands and Estate of Blythswood and others, which lie in the County of Lanerk, in Trustees, for the Purpose of selling or seuing the same; and for investing the Money arising by such Sale, in the Purchase of other Lands and Estates, more commodious and contiguous to the other and greater Part of the said Estate of Blythswood, which lies in the County of Renfrew; and for settling and securing the Lands and Estates so to be purchased, to and in Favour of the same Series of Heirs, in FeeTail, and under the same Restrictions, Conditions, and Limitations, as are mentioned and contained in a Deed of Entail, made in the Year One thousand seven hundred and thirty-nine, by Colin Campbell of Blythswood, deceased."

Then an Amendment was proposed to be made to the said Bill.

The same was agreed to, and ordered accordingly.

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

It was resolved in the Affirmative.

Templer's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to subject and charge a competent Part of the settled Estates of James Templer Esquire, in the County of Devon, with a Sum of Money to be applied and disposed of for the Purposes therein mentioned."

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

It was resolved in the Affirmative.

Edwin or Wyndham's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Messuages, Lands, and other Hereditaments, in the Counties of Berks and Bucks, (being the Estates devised and settled by the Will of Catherine Edwin Spinster, deceased,) in Trustees, to be sold and conveyed to John Martindale Esquire and his Heirs; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be more conveniently situate as therein mentioned, to be settled to the same Uses as the said settled Estates now stand settled by the said Will."

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

It was resolved in the Affirmative.

Lyon's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Rector of the Parish and Parish Church of Prestwich-cum-Oldham, in the County Palatine of Lancaster, for the Time being, to grant Leases of the Glebe belonging to the said Rectory."

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

It was resolved in the Affirmative.

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

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

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

Hessle, &c. Drainage Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, enclosing, draining, and improving the Open Fields, Meadows, Pastures, Commons, and Waste Grounds within the several Townships or Hamlets of Hessle, Anlaby, and Tranby, in the County of the Town of Kingston-upon-Hull; and for making a Compensation, in Lieu of Tythe, for certain ancient enclosed Lands within the said several Townships or Hamlets, and also within the Township or Hamlet of Wooferton, otherwise Wolfreton, in the same County."

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

It was resolved in the Affirmative.

Swell Wold Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending, widening, altering, and repairing the Roads from Swell Wold, in the Parish of Lower Swell, in the County of Gloucester, to or near the sixth Milestone on the Turnpike Road leading from the Borough of Tewkesbury to the Town of Stow, in the same County; and from the North East End of the Swan Lane, in the Parish of Cheltenham, in the same County, to the Turnpike Road leading to Evesham, in the Parish of Sedgeborough, in the County of Worcester; and from the Town of Winchcomb, in the said County of Gloucester, by a Place called Stamp Cross, to or near the Tenth Mile-stone on the said Turnpike Road leading from Tewkesbury to Stow aforesaid."

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

It was resolved in the Affirmative.

Almond and Airdrie Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making, amending, widening, and keeping in Repair the Roads from the New Bridge over the Water of Almond, on the Confines of the Counties of Edinburgh and Linlithgow, by the Town of Bathgate to Baillieston, in the County of Lanerk, and for making, amending, widening, and keeping in Repair certain Branches of Road from the said Line of Road, and for building a Bridge over the Water of Avon at Torphichen Mill; and for discharging the Trustees for executing Two Acts passed in the Twenty-sixth and Twenty-seventh Years of the Reign of His late Majesty King George the Second, and Two Acts passed in the Fourteenth and Thirty-first Years of the Reign of His present Majesty, from the Care of such Part of the Road from Newhouse Inn to Glasgow, as leads from the Confines of the Parishes of Monkland and Shotts to the East Boundary of Baillieston aforesaid, and putting the same under the Power of the Trustees appointed by this Act."

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

It was resolved in the Affirmative.

South Malling Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term, and alter and amend the Powers of Two several Acts passed in the Thirty-second Year of the Reign of King George the Second, and the Twentieth Year of the Reign of His present Majesty, for repairing the Road from the South End of the South Street, in the Parish of South Malling, near the Town of Lewes, to Glynd Bridge, and from thence, through Firle Street under the Hill, to Longbridge, in the Parish of Alfriston, in the County of Sussex, (except so far as the said Acts relate to that Part of the said Road which lies between a Place commonly called Bopeep, in the Parish of Alfriston and Longbridge aforesaid,) and for amending and keeeping in Repair several other Roads therein mentioned, in the said County of Sussex."

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

It was resolved in the Affirmative.

Lanark Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering the Powers of so much of an Act made in the Twelfth Year of the Reign of His present Majesty, as relates to the repairing and widening several Roads leading through the County of Lanark."

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

It was resolved in the Affirmative.

St. Cuthbert Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing a Tract of Common or Waste Land, Part of the Forest of Mendip, lying within the Manors of East Horrington and Chilcot, in the Out-Parish of Saint Cuthbert in Wells, in the County of Somerset."

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 Six preceding Bills.

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

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

Broadstairs Harbour Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing or re-building the Pier adjoining to the Harbour of Broadstairs, in the Isle of Thanet, in the County of Kent; and for the better preserving the said Harbour; and for removing and preventing Obstructions, Nuisances, and Annoyances, and regulating the Mooring of Ships and Vessels within the said Harbour."

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

It was resolved in the Affirmative.

National Debt Commissioners Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act made in the Twenty-sixth Year of His present Majesty's Reign, intituled, "An Act for vesting certain Sums in Commissioners, at the End of every Quarter of a Year, to be by them applied to the Reduction of the National Debt; and to provide for the Application of an additional Sum to the Reduction of the said Debt, in case of future Loans."

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

It was resolved in the Affirmative.

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

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

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

Liverpool Church Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a new Church or Chapel within the Town and Parish of Liverpool, in the County Palatine of Lancaster."

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

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

Rodmarton, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Waste Grounds, within the several Parishes of Rodmarton and Coates, in the County of Gloucester; and also for settling and ascertaining the Boundaries of the said Parishes."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Nith Salmon Fisheries Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating and improving the Salmon Fisheries in the River Nith, in the County of Dumfries."

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.

Levant Trade Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to extend and render more effectual an Act passed in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for enlarging and regulating the Trade into the Levant Seas."

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.

Carmarthen Gaol Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for building a new Gaol and House of Correction for the Town and County Borough of Carmarthen, and for supplying the said Town and County Borough and the Liberties thereof with Water; and for paving, watching, lighting, cleansing, and regulating the Streets, Lanes, Ways, Roads, and Public Passages, and for widening and making the same more commodious, and removing and preventing Nuisances, Annoyances, and Obstructions therein; and for other Purposes," 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."

Newport Navigation Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a Navigable Cut or Canal from or from some Place near Pontnewynydd, into the River Usk, at or near the Town of Newport; and a Collateral Cut or Canal from the same at or near a Place called Cryndau Farm to or near to Crumlin Bridge, all in the County of Monmouth; and for making and maintaining Railways or Stone Roads from such Cuts or Canals to several Iron Works and Mines in the Counties of Monmouth and Brecknock," was committed.

Bristol Gaol Bill, Petition against.

Upon reading the Petition of the several Persons, whose Names are thereunto subscribed, Citizens of or Owners of Estates in the City of Bristol, on Behalf of themselves and the Citizens at large, taking Notice of a Bill depending in this House, intituled, "An Act for building a new Gaol, a Penitentiary House, and House of Correction, within the City of Bristol, and for regulating, maintaining, and supporting the same; and for disposing of the present Common Gaol of the said City of Bristol, and County of the same City; and for other Purposes;" and praying, "That they may be heard by themselves and Counsel against the said Bill, and that the same may not pass into a Law as it now stands:"

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 themselves or Counsel against the said Bill, before the said Committee, as desired, and that Counsel be heard for the Bill at the same Time if they think fit.

E. Poulett et al., Petition for a Bill.

Upon reading the Petition of the Right Honourable John Earl Poulett, the Right Honourable Frederick Earl of Guilford, and Sir John Trevelyan Baronet; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Taunton Hospital Bill, presented and read.

Accordingly, the Lord Chedworth presented to the House a Bill, intituled, "An Act for appointing Commissioners to sell and dispose of a certain unfinished Building at or near Taunton, in the County of Somerset, intended for a Public Hospital or Infirmary, and of a Piece of Ground belonging thereto, in case a sufficient Sum of Money shall not be raised by Subscription within a limited Time, for finishing the said Building, and paying the Money due on Account thereof."

The said Bill was read the First Time.

Mold Enclosure Bill.

The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing the Commons and Waste Lands within the Manor and Parish of Mold, in the County of Flint," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made one Amendment thereto."

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

Pr. 13. L. 23. After ("defrayed") insert Clause ("A")

And be it further enacted, That the said Commissioners, or any Three of them, shall, previous to the making of such Survey, direct proper Meer Stones or other durable Land-Marks to be fixed in such Places as the same Commissioners shall think proper, in order to ascertain and perpetuate the Limits of the said Commons and Waste Lands, so intended to be enclosed, and to prevent any Disputes concerning such Limits or the Mines and Minerals under the said Commons and Waste Lands, in case the Walls or Fences at present adjoining thereto should be hereafter taken down and removed; and the Copies of the Map or Plan herein-before directed to be made and delivered to the said Thomas Swymmer Champneys, Lord Dacre, Grace Trevor, George Boscawen, and John Lloyd, their Heirs or Assigns, shall specify and distinguish therein such Meer Stones and LandMarks as aforesaid, and such Copies of the said Map or Plan shall from Time to Time and at all Times hereafter be admitted and allowed upon all Occasions whatsoever as legal Evidence."

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

Newspaper Printers, &c. Indemnity Bill.

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

With a Bill, intituled, "An Act to indemnify Persons being Proprietors, Printers, and Editors of Newspapers and other Publications, from certain Penalties incurred under several Acts therein mentioned, relative to Lotteries;" to which they desire the Concurrence of this House.

Auction Duty Exemption Bill.

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

With a Bill, intituled, "An Act to exempt Whale Oil and other Articles therein mentioned and sold by Auction in Great Britain, from the Duty imposed on such Sales;" to which they desire the Concurrence of this House.

Foreign Stained Paper Duty Bill.

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

With a Bill, intituled, "An Act for more effectually securing the Duties upon foreign printed, painted, or stained Paper, imported into Great Britain;" to which they desire the Concurrence of this House.

Alehouse Licences Bill.

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

With a Bill, intituled, "An Act to amend so much of two Acts made in the Twenty-sixth and Twentyninth Years of the Reign of His late Majesty King George the Second, as relates to the licensing of Alehouse Keepers and Victuallers; and for better regulating Alehouses, and the Manner of granting such Licences in future; and also of granting Licences to Persons selling Wines to be drank in their Houses;" to which they desire the Concurrence of this House.

Mersey Navigation Bill.

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

With a Bill, intituled, "An Act for altering and amending an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, intituled, "An Act for making the Rivers Mercy (now called Mersey) and Irwell, navigable from Liverpool to Manchester, in the County Palatine of Lancaster;" and for incorporating the Proprietors of the said Navigation, and to declare their respective Shares therein, to be Personal Estate;" to which they desire the Concurrence of this House.

Gedling Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and enclosed Common Fields, Common Woods, Wastes, Commons and other Lands, within the Parish of Gedling, comprizing the several Hamlets of Gedling, Stoke Bardolph, and Carlton, in the County of Nottingham;" to which they desire the Concurrence of this House.

Lambley Enclosure Bill:

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Coppices, Commons, and Waste Lands within the Parish of Lambley, in the County of Nottingham;" to which they desire the Concurrence of this House.

Trehawke, or Kekewich's Bill.

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

To return the Bill, intituled, "An Act for vesting in Trustees the legal Estate in Fee-Simple, of divers Manors and other Hereditaments, mortgaged or conveyed in Trust to John Trehawke Esquire, deceased, after the Date of his Will;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Carmarthen Roads Bill.

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

With a Bill, intituled, "An Act for repairing, altering, and improving the Road from Golden Grove Park, in the Parish of Llandilofawr, to the Turnpike Road leading from the New Bridge over the River Towy, to the Lime Kilns in the Parish of Llandarog; and also several other Roads therein mentioned, all in the County of Carmarthen;" to which they desire the Concurrence of this House.

Hackney Coach and Chairs Bill.

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

With a Bill, intituled, "An Act to explain and amend so much of an Act made in the Seventh Year of the Reign of His present Majesty, as relates to Hackney Coaches and Chairs;" to which they desire the Concurrence of this House.

Taylor's Bill.

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

To return the Bill, intituled, "An Act for confirming and carrying into Execution certain Articles of Agreement, made and entered into between the Reverend John Taylor, Curate of the Curacy of Clifton, in the Parish of Westbury-upon-Trym, in the County of Gloucester, and Henry Elderton, of the City of Bristol, Gentleman, for granting a Building Lease of a certain Piece or Parcel of Ground belonging to the said Curacy;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Southleigh Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, Common Meadows, Common Pastures, Common Heaths, Waste, and other Commonable Lands or Grounds, within the Manor and Chapelry of Southleigh, in the Parish of Stanton Harcourt, in the County of Oxford;" to which they desire the Concurrence of this House.

Tadcaster Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term and enlarging the Powers of two Acts passed in the Eighteenth Year of the Reign of His late Majesty King George the Second, and the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from Tadcaster Bridge, within the County of the City of York, to a Place near the said City, called Hobmoor Lane End;" to which they desire the Concurrence of this House.

E. Radnor's Estate Bill.

The Earl Fitzwilliam reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting several Lands and Hereditaments, of which Jacob Earl of Radnor is Tenant for Life, in Trustees, to be sold, and for laying out the Money to arise therefrom, in the Purchase of other Lands and Hereditaments, to be settled to the like Uses, in Lieu thereof," was committed: "That they had con sidered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and made some Amendments thereto."

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

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

Russell against Doe in Error.

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

George Russell is Plaintiff,
and
John Doe Defendant.

Libel Juries Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, "An Act to remove Doubts respecting the Functions of Juries in Cases of Libel;" and for the Lords to be summoned:

It was moved, "That the said Bill be now read a Second Time."

The said Bill was accordingly read a Second Time.

Then it was moved, "That the said Bill be committed to a Committee of the whole House."

Which being objected to;

After Debate,

It was moved, "That the further Consideration of the said Bill, and Debate thereupon, be adjourned to Monday next; and that the Lords be summoned."

The same was agreed to, and ordered accordingly.

The King against Amery in Error, Judges to attend.

Ordered, That the Petition of the Relator in the Cause between the King against Amery, presented to the House on the 22d of December 1790, which stands appointed for To-morrow, be taken into Consideration on Saturday the 26th Day of this instant May; and that the Petitioner may be then heard by his Counsel in Support of the Prayer of the said Petition; and that Counsel be heard on Behalf of the Defendant at the same Time; and that the Judges do then attend.

King's Answer to Addresses.

The Lord Chamberlain reported, "That the Lords, with White Staves, had (according to Order) waited on His Majesty, with Their Lordships' Addresses of Monday last: and that His Majesty was pleased to say, He would give Directions accordingly."

Adjourn.

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