Journal of the House of Lords Volume 39, 1790-1793. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
'House of Lords Journal Volume 39: February 1793 11-20', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online https://www.british-history.ac.uk/lords-jrnl/vol39/pp524-537 [accessed 9 November 2024].
'House of Lords Journal Volume 39: February 1793 11-20', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online, accessed November 9, 2024, https://www.british-history.ac.uk/lords-jrnl/vol39/pp524-537.
"House of Lords Journal Volume 39: February 1793 11-20". Journal of the House of Lords Volume 39, 1790-1793. (London, 1767-1830), , British History Online. Web. 9 November 2024. https://www.british-history.ac.uk/lords-jrnl/vol39/pp524-537.
In this section
February 1793 11-20
DIE Lunæ, 11o Februarii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gibson and Johnson against Master et al., in Error.
Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Richard Master and others are Defendants, which stands appointed for this Day, be put off to Monday the 15th Day of April next; and that the Judges do then attend.
Gibson and Johnson against Hunter, in Error.
Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Robert Hunter is Defendant, which stands appointed for this Day, be put off to Monday the 15th Day of April next; and that the Judges do then attend.
Nabob of Carnatic against East India Company:
Upon reading the Petition and Appeal of Walaju Omdit ul Mulk Unmeer Ul Hind Asoph Ul Dowla Anerverdeen Cawn Behauder Zupher Jung Sippa Salar Soubadar, Prince or Nabob of the Carnatic, in Hindostan, complaining of a Decretal Order of Dismission of the Court of Chancery, of the 28th of January 1793, made in a certain Cause wherein the said Nabob was Plaintiff, and the United Company of Merchants of England trading to the East Indies were Defendants; and praying, "That the same may be reversed, and the Petitioner's Bill retained, or that the Appellant may have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, shall seem meet; and that the said Defendants may be required to answer the said Appeal:"
It is Ordered, That the said United Company of Merchants trading to the East Indies may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 25th Day of this Instant February.
Troward to enter into Recognizance on said Appeal.
The House being moved, "That Richard Troward, of Norfolk Street, Gentleman, may be permitted to enter into a Recognizance for the Appellant in the above Appeal:"
It is Ordered, That the said Richard Troward may enter into a Recognizance for the said Appellant, as desired.
Aglianby against Rosses.
Upon reading the Petition and Appeal of Mrs. Sarah Aglianby, Widow, the Relict of Richard Lowthian, of Staffold, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 22d of January 1793, and of an Interlocutor of the Lord Ordinary there, of the said 22d of January 1793; and also of an Interlocutor of the Commissary of Dumfries, of the 29th of January 1793; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem just; and that George Ross, the Nephew, and Bridget Ross, the Niece of the said Richard Lowthian, late of Staffold, may be required to answer the said Appeal:"
It is Ordered, That the said George Ross and Bridget Ross may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 11th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, or Commissary Court of Dumfries, shall be deemed good Service.
Vallotton for a Naturalization Bill:
Upon reading the Petition of John James Vallotton, praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Bill presented.
Accordingly, The Earl Bathurst presented to the House a Bill, intituled, "An Act for naturalizing John James Vallotton."
The said Bill was read the First Time.
Fisher's Naturalization Bill.
The Lord Bishop of St. David's reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing John William Fisher," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Worthington against the King, in Error.
Upon reading the Petition of Caleb Edward Powell, the Relator named in a Writ of Error depending in this House, wherein Our Sovereign Lord the King is Defendant, and William Worthington, otherwise called William Compston, is Plaintiff, which stands appointed for Hearing; setting forth, "That the said Plaintiff brought a Writ of Error, returnable before Their Lordships in Parliament, and the Record having been transcribed, was, together with the said Writ of Error, brought up into this House, on the 3d Day of January last, and the Plaintiff has assigned the Common Errors: That the Petitioner apprehends the said Writ of Error is brought merely for Delay;" and therefore praying, "That Their Lordships will be pleased to appoint a short Bye-Day for hearing the said Errors, or that Their Lordships will make such other Order in the Premises, as to Their Lordships shall seem meet:"
It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar, on Friday next.
Smith against the King in Error.
Upon reading the Petition of Caleb Edward Powell, the Relator named in a Writ of Error depending in this House, wherein Our Sovereign Lord the King is Defendant, and William Smith is Plaintiff, which stands appointed for Hearing; setting forth, "That the said Plaintiff brought a Writ of Error, returnable before Their Lordships in Parliament, and the Record having been transcribed, was together with the said Writ of Error, brought up into this House on the 3d Day of January last, and the Plaintiff has assigned the Common Errors: That the Petitioner apprehends the said Writ of Error is brought merely for Delay;" and therefore praying, "That Their Lordships will be pleased to appoint a short Bye-Day for hearing the said Errors, or that Their Lordships will make such other Order in the Premises, as to Their Lordships shall seem meet:"
It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar, on Friday next.
National Debt, Accounts of Reduction of, delivered.
The House being informed, "That Mr. Newland, from the Bank of England, attended:"
He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,
"An Account from the Bank of England, of the Receipt and Expenditure of £1,759,274 9s. 7d. in one Year, from February 3d 1792, to January 31st 1793, by the Commissioners for the Reduction of the National Debt; and of the Receipt of £342,920 3s. 7d. to be applied in the Quarter between the 1st February and 1st May 1793."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
States General, Address for Declaration, &c. to.
Ordered, That an humble Address be presented to His Majesty, that he will be graciously pleased to give Directions, that there be laid before this House, "A Copy of the Declaration made by Lord Auckland, to the States General of the United Provinces, on the 13th of November 1792."
Also, "A Copy of the Memorial presented by Lord Auckland to the States General of the United Provinces, on the 25th of January last."
And also, "A Copy of the Memorial presented by Lord Auckland to the States General of the United Provinces, on the 28th of January last."
Ordered, That the said Address be presented to His Majesty by the Lords, with White Staves.
France, King's Message respecting Declaration of War by.
The Lord Grenville acquainted the House, "That he had a Message from His Majesty under His Royal Sign Manual, which His Majesty had commanded him to deliver to Their Lordships;" and the same was read by the Lord Chancellor, and is as follows; (videlicet)
"GEORGE R.
"His Majesty thinks proper to acquaint the House of Lords, that the Assemby now exercising the Powers of Government in France, have, without previous Notice, directed Acts of Hostility to be committed against the Persons and Property of His Majesty's Subjects, in Breach of the Law of Nations, and of the most positive Stipulations of Treaty, and have since, on the most groundless Pretences, actually declared War against His Majesty and the United Provinces. Under the Circumstances of this wanton and unprovoked Aggression, His Majesty has taken the necessary Steps to maintain the Honour of His Crown, and to vindicate the Rights of His People; and His Majesty relies with Confidence on the firm and effectual Support of the House of Lords, and on the zealous Exertions of a brave and loyal People, in prosecuting a just and necessary War, and in endeavouring, under the Blessing of Providence, to oppose an effectual Barrier to the further Progress of a System which strikes at the Security and Peace of all independent Nations, and is pursued in open Defiance of every Principle of Moderation, good Faith, Humanity and Justice.
"In a Cause of such general Concern, His Majesty has every Reason to hope for the cordial Co-operation of those Powers, who are united with His Majesty by the Ties of Alliance, or who feel an Interest in preventing the Extension of Anarchy and Confusion, and in contributing to the Security and Tranquillity of Europe.
"G. R."
And the same being read by the Clerk:
Ordered, That the said Message be taken into Consideration To-morrow; and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 12o Februarii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Fisher's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John William Fisher."
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. Holford and Mr. Graves:
To carry down the said Bill, and desire their Concurrence thereto.
Leslie against Innes et al.
Upon reading the Petition and Appeal of the Reverend William Leslie, Minister of the United Parishes of St. Andrews and Longbride, in the County of Elgin in Scotland; complaining of two Interlocutors of the Lords of Session in Scotland, of the 19th of January, and 7th of February 1793; and praying, "That the same may be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem proper; and that John Innes, Clerk to the Signet, for himself and Francis Russel Esquire, Advocate, James Brodie, of Brodie, Esquire, for himself and Alexander Penrose Cumming of Altyre, Hugh Grant of Hoy, and John Gordon of Grieveshop, Esquires, all Freeholders of the County of Elgin and Forres, may be required to answer the said Appeal:"
It is Ordered, That the said John Innes, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Tuesday the 12th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel in the Court of Session in Scotland, shall be deemed good Service.
Vallotton takes the Oaths in order to his Naturalization.
John James Vallotton took the Oaths appointed, in order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John James Vallotton."
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.
Stewart's Divorce Bill.
The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Alexander Stewart Esquire with Elizabeth Leigh his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned:
Counsel were accordingly called in.
And Mr. Graham and Mr. Espinase appearing as Counsel for the Bill, and no Counsel appearing on Behalf of Mrs. Stewart; Mr. Graham was heard to state the Allegations of the Bill.
Then Mr. John Fallon was called in, and being sworn, produced the Order of this House for the Second Reading of the Bill, which he informed the House "He served, together with a Copy of the Bill, on the 30th of January last, upon Mrs. Stewart, whom he knew very well, having lived as Servant with Mr. and Mrs. Stewart when they were married."
He was directed to withdraw.
Then Mr. Mathew Charley was called in, and being sworn, produced a Copy of the Register of the Parish of St. Mary Aldermary, London, which he said, "He had compared with the Original, and that the same was a true Copy."
The same was read, and is as follows:
"1777. No. 8. January 20. The Register of Marriages solemnized in the St. Mary Aldermary.
Alexander Stewart Batchelor, and Elizabeth Leigh Spinster, both of this Parish, were married in this Church by Banns, this Twentieth Day of January, in the Year One thousand seven hundred and seventy-seven. By me,
"George Stepney Townley, Curate.
"This Marriage was solemnized between us, | Alexander Stewart. |
Elizabeth Leigh. | |
"In the Presence of | Loftus Wood. |
Edward Darvill." |
He was directed to withdraw.
Then Dr. Loftus Wood was called in, and being sworn, acquainted the House, "That he was present at the Marriage of Mr. Stewart with Elizabeth Leigh; that he is well acquainted with them both, and that after their Marriage to the Time of Mrs. Stewart's Elopement they appeared to be extremely fond of each other, and happy together; that after Mrs. Stewart eloped, Mr. Stewart came to London, and wrote to the Witness desiring him to assist him to find out Mrs. Stewart; that he appeared extremely distressed, and searched for her in vain, though both he and the Witness took all possible Pains to discover her; that the Witness was during all this Time well received by Mrs. Stewart's Friends, who were extremely unhappy at the Circumstance, but said they had heard nothing of her; that afterwards he the Witness saw Mrs. Stewart, after she had been met by Mr. Stewart; that she cried and said, "She was very sorry for what had happened; that there must be an entire Separation between her and Mr. Stewart, which she was very sorry for, but the Thing had passed, and there was no Help for it."
He was directed to withdraw.
Then Mr. Mark Holman was called in, and being sworn, produced the original Libel and Depositions, and also the original definitive Sentence of Divorce in the Consistory Court of the Bishop of London, against Elizabeth Stewart, for Adultery committed by her with George Bristow.
He was directed to withdraw.
Then Nicholas Graham Esquire was called in, and being sworn, produced an Office Copy of a Judgement of the Court of Exchequer in Ireland, of Michaelmas Term 1792, in an Action of Trespass on the Case, by Alexander Stewart against George Bristow, for criminal Conversation with the Plaintiff's Wife, with Damages awarded upon a Writ of Enquiry for £1500, besides Costs of Suit.
The same was read.
He was directed to withdraw.
Then Jessey Golding was called in, and being sworn, acquainted the House, "That she was hired in the Year 1785 by Mrs. Stewart, and lived with her as her Servant; that there were four Servants in the Family, three Maids and a Man; that their Place of Residence was Belfast, in Ireland; that Mrs. Stewart and the Witness left Belfast about the Month of December 1785, and that about a Fortnight before their leaving Belfast Mr. Stewart went to Dublin; that during the Time Mr. and Mrs. Stewart lived together they appeared to live on a footing of mutual Affection; that previous to the Witness and Mrs. Stewart leaving Belfast, a Mr. George Bristow used frequently to visit at the House, but at that Time the Witness did not perceive any particular Intimacy between them; that when the Witness and Mrs. Stewart left Belfast they went to London, to the Swan Inn in Holborn, and from thence to Westmorland Street, Great Mary-leBone, where Mrs. Stewart passed by the Name of Norris, and where she lived several Years; that the Witness left her Service in August 1791; that about three Weeks or a Month after Mrs. Stewart went to Westmorland Street, Mr. George Bristow came there; that he also went by the Name of Norris; that he and Mrs. Stewart lived there together as Man and Wife, and always slept in the same Bed; that after Mr. Bristow's Arrival in Westmorland Street they staid there about a Fortnight, then went to Brighton, from thence to Dover, and from thence to St. Omers in France, where they staid about two Months, living together as Man and Wife, and sleeping in the same Bed; that they returned to England in April 1786, and went to Canterbury, where they staid a Week, and from thence to Blane, a small Village near Canterbury, and afterwards returned to Canterbury, where Mrs. Stewart was brought to Bed in March 1787, of a Girl, which was afterwards christened by the Name of Rose Smith; that Mrs. Stewart and Mr. Bristow while they resided at Canterbury assumed the Name of Smith; that they remained at Canterbury to July 1787, when the Witness and Mrs. Stewart came up to London, leaving Mr. Smith, so called, at Canterbury; that Mrs. Stewart shortly after returned to Canterbury, and then Mr. Smith, herself the Witness, and a Mr. Benson came to London together; that Mr. Smith remained in London till Mr. Stewart found him out about the Month of September, in the same Year; that the Child was left at Canterbury; that the Witness is certain, that from the Time Mrs. Stewart first went to Westmorland Street to the Month of September 1787, Mr. Stewart never saw her, nor till he found her in Wigmore Street, for that the Witness was constantly with her; that upon Mr. Stewart's discovering where she was Mr. Bristow went abroad; that Mrs. Stewart was visibly with Child at that Time; that after Mr. Bristow went away Nobody visited Mrs. Stewart except her Friends, her Mother and Father in Law; that she afterwards chiefly resided in Curzon Street May Fair, when she was visited by a Mr. Johnson, but only in a friendly Way; that on the 16th of March 1788, she was brought to Bed of a Child in Curzon Street, which went by the Name of Stewart, for that after Mr. Bristow went abroad she took her own Name of Stewart; that from Curzon Street she went into several other Lodgings, and about August 1788 she lived with Mr. Johnson; that from the Time she went to Curzon Street to the Time of her living with Mr. Johnson the Witness never saw Mr. Bristow; she had one Child by Mr. Johnson while the Witness lived with her, which was christened and went by the Name of Elizabeth Johnson; that it is now, as the Witness believes, with her and Mr. Johnson."
She was directed to withdraw.
Then Lieutenant Henry Benson was called in, and being sworn, acquainted the House, "That he knows Mr. and Mrs. Stewart, and is the particular Friend of Mr. Bristow; that he remembers when Mrs. Stewart first eloped from her Husband about December 1785, and that he had a Letter from Mr. Bristow telling him, the Witness, that he was with Mrs. Stewart; that in the Year 1787, Mrs. Stewart and Mr. Bristow lived in the Witness's Lodgings as Man and Wife, and she had at that Time one Child by him, acknowledged by them both as their Issue; that the Witness was with them at Canterbury, and came from thence to London with them." Being asked, ''If he carried Mrs. Stewart away from Wigmore Street?" he said, "Yes, he was one of five who carried her away about One o'Clock in the Morning; that Mr. Bristow was not of the Party, but it was done to oblige him as a Friend; that they carried her to Haddock's Bagnio, and Mr. Bristow slept with her that Night, they were in the same Room together; that she was visibly with Child at that Time; that Mr. Bristow did not stay with her above two or three Days; being apprehensive of bad Consequences between Mr. Stewart and him, the Witness carried him first to Ireland, and from thence he accompanied the Witness in the same Ship to the West Indies; he went there for the Purpose of avoiding Mr. Stewart, not from personal Fear; that Mr. Bristow returned in 1790, when the Witness had a Letter from him from Norwich; that he afterwards returned to Ireland, and the Witness saw him at the House of Mr. Bristow's Grandfather, when he told the Witness that he staid there to avoid Mr. Stewart."
Being asked, "From his Intimacy with Mr. Stewart, if he knew what his Conduct was to Mrs. Stewart?" he said, "He thought them as pleasant and happy a Couple as could be."
He was directed to withdraw.
Then John Fallon being again called in, acquainted the House, "That he lived as Servant with Mr. Stewart eleven Years altogether, and about two Years after Mrs. Stewart eloped; that he did not accompany Mr. Stewart to England when he came in Search of his Wife; that when Mr. Stewart returned to Ireland he continued there better than a Year, during which Time the Witness is positive he did not go to England." Being asked, "If he did not accompany Mr. Stewart to England when he went there the second Time?" he said, "No." Being asked, "How long he continued there?" he said, "About six Weeks:" Being asked, "When he returned?" he said, "He always remained in Ireland till he heard of Mrs. Stewart being found." Being asked "When it was he staid there six Weeks?" he said, "He believes it was in the Spring of the Year 1787, but cannot be positive; that it was when he went to London the second Time that he staid six Weeks."
Being asked, "If he went to England at all till he heard his Wife was found?" he said, "No, he did not."
He was directed to withdraw.
Then Mrs. Maddison was called in, and being sworn, acquainted the House, "That she has been acquainted with Mr. and Mrs. Stewart ever since the Year 1785, when they came to look at her House; that at that Time they conducted themselves perfectly well, and were remarkably fond of each other."
Being asked, "If Mrs. Stewart came to her House in the Year 1787?" she said, "Yes, but did not tell her for what Purpose she meant to make use of it; nor that she eloped from Mr. Stewart, but the Witness had heard of it; that she remembers Mr. Stewart coming in the Year 1787, to enquire after Mrs. Stewart, she was gone out, but returned in a Hackney Coach while he was with the Witness, upon which he opened the Door, went after her and brought her in; that she was at the Witness's House that Night; but was carried off during the Night: That Mr. Stewart continued for a a short Space of Time with her in the Witness's House, in the Witness's Presence, till they went into the Parlour together, where Mr. and Mrs. Gordon were with them." Being asked, "If Mr. Bristow was with Mrs. Stewart in Curzon Street?" she said, No; that Mrs. Stewart was delivered of a Child there, which was christened George Stewart."
She was directed to withdraw.
Then Dr. Kilby, a Physician and Man-midwife, was called in, and being sworn, acquainted the House, "That he attended a Lady living with Mr. Johnson of two Children; that she passed as Mrs. Johnson his Wife, and was received as such in the Neighbourhood."
He was directed to withdraw.
The Counsel were directed to withdraw.
Then the said Bill was 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 Friday next.
Ipswich Road Bill.
A Message was brought from the House of Commons, by Sir Charles Bunbury and others:
With a Bill, intituled, "An Act for more effectually repairing the Roads from Ipswich to the Scole Inn Road, and from Claydon to the Bury Saint Edmunds Road at the End of the Bounds of the Parish of Hawleigh, and from Yaxley Bull to Eye, and from Eye to Lanthorn Green, in the County of Suffolk;" to which they desire the Concurrence of this House.
Marine Mutiny Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
With a Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore;" to which they desire the Concurrence of this House.
The said two Bills were, severally, read the First Time.
Hansen's Naturalization Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
To return the Bill, intituled, "An Act for naturalizing Peter Peterson Hansen and Otto Hinrick Hansen;" and to acquaint this House, That they have agreed to the same, without any Amendment.
King's Answer to Address.
The Lord Chamberlain reported, "That the Lords, with White Staves, had (according to Order) waited on His Majesty with Their Lordships' Address of Yesterday; and that His Majesty was pleased to say, He would give Directions accordingly."
Trafford's Petition referred to Judges.
Upon reading the Petition of John Trafford Esquire, on behalf of himself and of Humphrey Trafford, John Trafford, Thomas Trafford, William Trafford, Henry Trafford, and Edmund Trafford, his infant Children, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Grose, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Blackburne et al. Petition referred to Judges.
Upon reading the Petition of John Blackburne, of Orford within Warrington, in the County Palatine of Lancaster, Esquire, on behalf of himself and of John Ireland Blackburne, and Thomas Blackburne, his infant Sons, the Reverend Thomas Blackburne, of Thelwell in the County of Chester, Clerk, Isaac Blackburne, of Hale in the said County of Lancaster, Esquire, John Blackburne, of Liverpool, in the said County of Lancaster, Esquire, Thomas Blackburne, of Lynn Regis in the County of Norfolk, Merchant, Mary Blackburne, Widow, John Blackburne, of Manchester in the said County of Lancaster, Merchant, Catherine Blackburne, Spinster, Anna Blackburne, of Leeds in the West Riding of the County of York, Spinster, Anna Blackburne, of Fairfield within Warrington, in the said County of Lancaster, Spinster, Thomas Patten Esquire, and the Reverend Geoffry Hornby, Clerk, the Honourable Henry Murray, commonly called Lord Henry Murray, on behalf of himself and of his Son Richard Murray, an Infant of the Age of Three Years or thereabouts, and of Elizabeth Kent, Widow, Thomas Naylor, Merchant, and Richard Wood, Merchant; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Ashhurst and Mr. Justice Wilson, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
States General, Declaration, &c. to, delivered.
The Lord Grenville (by His Majesty's Command) laid before the House, pursuant to the Address of Yesterday,
No. 1. "Copy of a Declaration presented by Lord Auckland to the States General of the United Provinces, on the 16th November 1792;" and Translation.
2. "Copy of a Memorial presented by Lord Auckland to the States General of the United Provinces, on the 25th January 1793;" and Translation.
3. "Copy of a Memorial presented by Lord Auckland to the States General of the United Provinces, on the 28th January 1793;" and Translation.
Together with a List thereof.
Which being read by the Clerk:
Ordered, That the said Copies do lie on the Table.
Foreign Grain, Motion for Orders prohibiting Exportation to France, negatived.
It was moved, "That there be laid before this House, Copy of all Orders sent by His Majesty's Ministers, prohibiting the Exportation of Foreign Grain to France."
The Question was put thereupon?
It was resolved in the Negative.
France, King's Message respecting Declaration of War, considered:
The Order of the Day being read for taking into Consideration His Majesty's most gracious Message to this House of Yesterday; and for the Lords to be summoned:
The said Message was read by the Clerk.
Motion for Address thereon.
Moved, "That an humble Address be presented to His Majesty, to return His Majesty the humble Thanks of this House for His Majesty's most gracious Message:
"To assure His Majesty, that this House has learnt, with a just Sentiment of Indignation, that the Assembly who now exercise the Powers of Government in France have directed, without previous Notice, the Commission of Acts of Hostility against the Persons and Property of His Majesty's Subjects, in Breach of the Law of Nations, and of the most positive Stipulations of Treaty; and that they have since, on the most groundless Pretences, actually declared War against His Majesty and the United Provinces: That, under the Circumstances of this perfidious and unprovoked Aggression, we are grateful to His Majesty for the Steps which His Majesty has taken to maintain the Honour of His Crown, and to vindicate the Rights of His People: That nothing will be wanting, on our Part, that can contribute to that firm and effectual Support which His Majesty has so much Reason to expect from a brave and loyal People, in the Prosecution of this just and necessary War; and in endeavouring, under the Blessing of Providence, to oppose an effectual Barrier to the further Progress of a System which strikes at the Security and Peace of all independent Nations, and is pursued in open Defiance of every Principle of Moderation, good Faith, Humanity, and Justice:
"To assure His Majesty, that deeply as we feel the the Happiness of our Country interested in the Result of this Contest, it must afford us the greatest Satisfaction to learn, that, in a Cause of such general Concern, His Majesty has Reason to hope for the cordial Co-operation of those Powers who are united with His Majesty by the Ties of Alliance, or who feel an Interest in preventing the Extension of Anarchy and Confusion, and contributing to the Security an Tranquillity of Europe."
It was moved, "That the second Article of the Copy of the Treaty of Navigation and Commerce between His Majesty and the Most Christian King, signed at Versailles the 26th of September 1786, be now read."
The same was accordingly read by the Clerk.
Amendments negatived.
Then an Amendment was proposed to be made to the said Motion, by inserting, after the first Word ("Majesty") in the first Paragraph, the following Words; (videlicet) (in Order to leave out the rest of the Address)
("To represent to His Majesty, that, by directing the French Ambassador to leave this Kingdom, His Majesty's Ministers have (independently of repeated Provocations) produced a Rupture between this Kingdom and France, inasmuch as, by the second Article of the Treaty of Navigation and Commerce, made in the Year 1786, between Great Britain and France, it is expressly declared, that the sending away from either Nation the Ambassador of the other Nation, shall be deemed a Rupture between the two Countries: And humbly to represent to His Majesty, that, before this House can encourage His Majesty in Measures for carrying on a War against France, this House humbly requests to be informed of the Objects which His Majesty proposes to obtain thereby."
Which being objected to;
After long Debate,
The Question was put, "Whether the said Words shall be inserted in the said Motion?"
It was resolved in the Negative.
Then another Amendment was proposed to be made to the said Motion, by leaving out from the Word ("Message") at the End of the first Paragraph, to the End of the Motion, and instead thereof, inserting the following Words:
("That we learn, with the utmost Concern, that the Assembly who exercise the Powers of Government in France, have directed the Commission of Acts of Hostility against the Persons and Property of Your Majesty's Subjects; and that they have since actually declared War against Your Majesty and the United Provinces. We humbly beg Leave to assure Your Majesty, that we will exert ourselves with the utmost Zeal in the Maintenance of the Honour of Your Majesty's Crown, the Vindication of the Rights of Your People, and nothing shall be wanting on our Part that can contribute to that firm and effectual Support which your Majesty has so much Reason to expect from a brave and loyal People, in repelling every hostile Attempt against this Country, and in such other Exertions as may be necessary to induce France to consent to such Terms of Pacification as may be consistent with the Honour of Your Majesty's Crown, the Security of Your Allies, and the Interests of Your People.",
Which being objected to;
After long Debate,
The Question was put, "Whether the Words proposed to be left out, shall stand Part of the Motion?"
It was resolved in the Affirmative.
Then it was moved, "To agree to the said Motion for an Address as at first proposed."
The Question was put thereupon?
It was resolved in the Affirmative.
Then the Lords following were appointed a Committee to prepare an Address, pursuant thereto; (videlicet)
Their Lordships, or any Five of them, to meet immediately, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
The House was adjourned during Pleasure, and the Committee withdrew to prepare the Address.
After some Time, the House was resumed:
Address reported and agreed to.
And the Lord Grenville reported from the Committee an Address, drawn by them, as follows; (videlicet)
"Most Gracious Sovereign,
"We Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, return Your Majesty our humble Thanks for Your Majesty's most gracious Message.
"We assure Your Majesty, that we have learnt with a just Sentiment of Indignation, that the Assembly who now exercise the Powers of Government in France, have directed without previous Notice the Commission of acts of Hostility against the Persons and Property of Your Majesty's Subjects, in breach of the Law of Nations, and of the most positive Stipulations of Treaty; and that they have since on the most groundless Pretences actually declared War against Your Majesty and the United Provinces. That under the Circumstances of this perfidious and unprovoked Aggression, we are grateful to Your Majesty for the Steps which Your Majesty has taken to maintain the Honour of Your Crown, and to vindicate the Rights of Your People: That nothing will be wanting on our Part, that can contribute to that firm and effectual Support, which Your Majesty has so much Reason to expect from a brave and loyal People in the Prosecution of this just and necessary War; and in endeavouring, under the Blessing of Providence, to oppose an effectual Barrier to the further Progress of a System which strikes at the Security and Peace of all Independent Nations, and is pursued in open Defiance of every Principle of Moderation, good Faith, Humanity, and Justice.
"We assure Your Majesty that deeply as we feel the Happiness of our Country interested in the Result of this Contest, it must afford us the greatest Satisfaction to learn, that in a Cause of such general Concern, Your Majesty has Reason to hope for the cordial Co-operation of those Powers who are united with Your Majesty by the Ties of Alliance, or who feel an Interest in preventing the Extension of Anarchy and Confusion, and contributing to the Security and Tranquillity of Europe."
Which Address, being read by the Clerk, was agreed to by the House.
Ordered, That the said Address be presented to His Majesty by the whole House.
Ordered, That the Lords, with White Staves, do wait on His Majesty, humbly to know what time His Majesty will please to appoint to be attended therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 14o Februarii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Marine. Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Hay against His Majesty's Advocate:
Upon reading the Petition and Appeal of Major George Hay, residing at Inverness in Scotland; complaining of a Decree of the Court of Exchequer in Scotland, of the 4th of February 1793; and praying, "That the same may be reversed, and grant to the Petitioner such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem meet; and that Robert Dundas Esquire, His Majesty's Advocate General for Scotland, may be required to answer the said Appeal:"
It is Ordered, That the said Robert Dundas may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Thursday the 14th Day of March next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the said Court of Exchequer in Scotland, shall be deemed good Service.
Walker to enter into a Recognizance on said Appeal.
The House being moved, "That George Walker of the Exchequer Office, Inner Temple, may be permitted to enter into a Recognizance for Major George Hay, on account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said George Walker may enter into a Recognizance for the said Appellant, as desired.
His Majesty to be attended with Address.
The Lord Steward reported, "That the Lords, with White Staves, had (according to Order) waited on His Majesty, humbly to know what time His Majesty would please to appoint to be attended with Their Lordships' Address; and that His Majesty had appointed this Day at Two o'Clock at His Palace of Saint James's."
Hastings' Trial deferred:
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:
Ordered, That the said Order be discharged.
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. to acquaint them therewith.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Graves, to acquaint them therewith.
Vallotton's Naturalization Bill.
The Lord Bishop of Exeter reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing John James Vallotton," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 15o Februarii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
King's Answer to Address.
The Lord Chancellor reported, "That the House did Yesterday present their Address to His Majesty; to which His Majesty was pleased to return the following most gracious Answer:
"My Lords,
"I return you My hearty Thanks for this very dutiful and affectionate Address.
"I receive with the greatest Satisfaction the Assurances of your firm and effectual Support in the Prosecution of the just and necessary War in which I am engaged, in consequence of the unprovoked Aggression of France; and I trust that, by the Bles sing of Providence, My Efforts will be rendered successful, for maintaining the Rights of My People, preventing the Extension of Anarchy, and contributing to the future Security of Europe."
Ordered, That His Majesty's Message, together with the Address, and His Majesty's most gracious Answer thereto, be forthwith printed and published.
Vallotton's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John James Vallotton."
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. Holford and Mr. Graves:
To carry down the said Bill, and desire their Concurrence thereto.
Ipswich Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing the Roads from Ipswich to the Scole Inn Road, and from Claydon to the Bury Saint Edmunds Road, at the End of the Bounds of the Parish of Hawleigh, and from Yaxley Bull to Eye, and from Eye to Lanthorn Green, in the County of Suffolk."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Marine Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces, while on Shore."
After some Time, the House was resumed:
And the Lord Douglas of Lochleven reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Worthington against the King in Error:
Upon reading the Petition of William Worthington, otherwise called William Cumpston, Plaintiff in a Writ of Error depending in this House, wherein the King is Defendant; setting forth, "That the Petitioner brought a Writ of Error into this House on the 3d Day of January last, together with the Record thereof, whereupon the Petitioner assigned certain Matters for Error, to which Errors the Defendant rejoined, and the same now stands appointed for hearing this Day: That the Petitioner is since advised to withdraw his said Assignment of Errors, and doth not intend further to prosecute his said Writ of Error;" and therefore praying Their Lordships, "That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ may be Non-pros'd with Eighty Pounds Costs, the same having been agreed upon by the Agents on both Sides; the Agent for the Defendant having signed the said Petition; as consenting thereto:"
Writ of Error Non-pros'd with Costs.
It is Ordered, That the Petitioner be at Liberty to withdraw his said Assignment of Errors, as desired; and that the Defendant in Error do forthwith enter a Nonpros on the said Writ of Error, and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid to the Defendant in Error, the Sum of Eighty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgment.
Smith against the King:
Upon reading the Petition of William Smith, Plaintiff in a Writ of Error depending in this House, wherein the King is Defendant; setting forth, "That the Petitioner bronght a Writ of Error into this House, on the 3d Day of January last, together with the Record thereof, whereupon the Petitioner assigned certain Matters for Error, to which Errors the Defendant rejoined; and the same now stands appointed for Hearing this Day: That the Petitioner is since advised to withdraw his said Assignment of Errors, and doth not intend further to prosecute his said Writ of Error;" and therefore praying Their Lordships, That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ may be Non-pros'd with Eighty Pounds Costs, the same being agreed upon by the Agents on both Sides, the Agent for the Defendant having signed the said Petition as consenting thereto:"
Writ of Error Non-pros'd with Costs.
It is Ordered, That the Petitioner be at Liberty to withdraw his said Assignment of Errors, as desired; and that the Defendant in Error do forthwith enter a Nonpros on the said Writ of Error, and that the Record be remitted to the Court of King's Bench, to the end Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid to the Defendant in Error, the Sum of Eighty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.
Hastings' Trial proceeded in:
The Order of the Day being read for the further proceeding 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 in the last Session of Parliament.
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 Mr. Law, of Counsel for the Defendant, proceeded to open the Defence of the said Warren Hastings, to the Second Article of Charge; and being in Part heard thereupon:
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 Mr. Holford and Mr. Graves, to acquaint them therewith.
Ld. Amherst et al., Petition referred to Judges.
Upon reading the Petition of the Right Honourable Jefferey Lord Amherst, and of the several other Persons whose Names are thereunto subscribed, Trustees of and for the Manors and Hereditaments purchased, given, and settled by Henry Smith Esquire, deceased, and his Trustees since his Decease, to charitable Uses, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Justice Heath, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Heaton, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Sarah Heaton, of Denbigh in the County of Denbigh, Widow, on Behalf of John Heaton her infant Son; praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable Sarah Heaton Widow, Mother and Guardian of John Heaton, a Minor, to grant building Leases, during his Minority, of Ground in the Parish of Saint Pancras, in the County of Middlesex."
Stewart's Divorce Bill.
The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Alexander Stewart Esquire with Elizabeth Leigh his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"
Ordered, That the House be put into a Committee upon the said Bill on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 18o Februarii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Newnham & Co. against Stewart.
The Answer of David Stewart, Trustee on the sequestrated Estate of James Stein, to the Appeal of Messieurs Newnham, Everett, and Company, of London, Bankers, was this Day brought in.
Sir J. Duff against Skene.
As was also, the Answer of George Skene, of Skene, Esquire, to the Appeal of Sir James Duff Knight.
Sir A. Irvine against Valentine
After hearing Counsel in Part in the Cause wherein Sir Alexander Ramsay Irvine Baronet, and Robert Kinnear are Appellants, and Alexander Valentine is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off to Thursday next.
Proceedings on East India Judicature Act.
The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared and laid upon the Table, a List of the Names of all the Lords who have delivered in Lists, in pursuance of the Directions of an Act passed in the Twenty-sixth Year of His present Majesty, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies; and for other Purposes therein mentioned."
Marine Mutiny Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Leeds and Mr. Walker:
To acquaint them, "That the Lords have agreed to the said Bill, without any Amendment.
Newnham & Co. against Stewart.
The House being moved, "That a Day may be appointed for hearing the Cause wherein Messieurs Newnham, Everett, and Company, are Appellants, and David Stewart is Respondent:"
It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.
Chalmer to enter into Recognizance on Aglianby's Appeal.
The House being moved, "That James Chalmer, of Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Mrs. Sarah Aglianby Widow, on account of her Appeal depending in this House, she living in Scotland:"
It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellant, as desired.
Ipswich Roads Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the Roads from Ipswich to the Scole Inn Road, and from Claydon to the Bury Saint Edmunds Road, at the End of the Bounds of the Parish of Hawleigh, and from Yaxley Bull to Eye, and from Eye to Lanthorn Green, in the County of Suffolk," 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."
Treijer for a Naturalization Bill:
Upon reading the Petition of Gotlieb Augustus Treijer, praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill presented.
Accordingly, the Lord Cathcart presented to the House a Bill, intituled, "An Act for naturalizing Gotlieb Augustus Treijer."
The said Bill was read the First Time.
Balfour et al. against Scott et al.
Upon reading the Petition of David Hay Balfour Esquire, and his Guardians and others, Appellants in a Cause depending in this House, and of Miss Henrietta Scott, of Scotstarvet, and her Guardians Respondents thereto; setting forth, "That this Cause stands for Hearing on the 25th instant; that the Lord Advocate, who is of Counsel for the Respondents, and Mr. Tait Counsel for the Appellants, were prepared to have argued the Cause before Their Lordships in the last Session of Parliament, and are both expected in Town by the Middle of March at farthest; the Petitioners are therefore desirous that the Hearing of the Cause should be delayed till their Arrival;" and therefore praying, "That Their Lordships will be pleased to delay the Hearing of this Cause till Monday the 18th of March next, or to such other Day about that Period as to Their Lordships may seem proper:"
It is Ordered, That the Hearing of the said Cause be put off to Monday the 18th Day of March next, as desired.
Election of Peers for Scotland, Committee to meet.
Ordered, That the Committee for Privileges do meet to take into further Consideration the several Petitions referred to them, relative to the late Return of Peers chosen for Scotland, on Thursday next.
Stewart's Divorce Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Alexander Stewart Esquire with Elizabeth Leigh his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."
After some Time, the House was resumed:
And the Lord Cathcart reported from the Committee, "That they had made a Progress in the said Bill, and desired another Time may be appointed for the House to be in a Committee again to proceed further therein."
Ordered, That the House be again put into a Committee upon the said Bill on Monday the 25th Day of this instant February; and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 19o Februarii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Ipswich Roads Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually repairing the Roads from Ipswich to the Scole Inn Road, and from Claydon to the Bury Saint Edmunds Road, at the End of the Bounds of the Parish of Hawleigh, and from Yaxley Bull to Eye, and from Eye to Lanthorn Green, in the County of Suffolk."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Leeds and Mr. Walker:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Procedings on East India Judicature Act.
It was moved, "That so much of an Act made in the Twenty-sixth Year of His present Majesty's Reign, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies; and for other Purposes therein mentioned, as relates to Members of this House, in order to the constituting in Part a Court of Judicature, be now read."
The same was accordingly read by the Clerk.
Ordered, That the Clerk do take the Lists laid upon the Table Yesterday out of the Covers, and put them together into a Box at the Table.
Which done,
The Lords following were appointed a Committee to examine the said Lists; and to report to the House the Titles of such Lords as shall appear upon Ten of the said Lists:
Their Lordships, or any Five of them, to meet immediately, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
The Lord Bishop of Bangor reported from the Lords Committees, appointed to examine the several Lists delivered in at the Table, in pursuance of the Directions of "An Act passed in the Twenty-sixth Year of the Reign of His present Majesty, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies; and for other Purposes therein mentioned:" "That the Committee had met and examined the said Lists, and that the Titles of the following Lords were the only Titles that appeared upon Ten Lists:
"Duke of Somerset.
Duke of Bedford.
Earl of Suffolk.
Earl of Carlisle.
Earl of Abingdon.
Earl Poulett.
Earl Brooke.
Earl Powis.
Earl of Hardwicke.
Earl of Radnor.
Earl Spencer.
Earl of Uxbridge.
Bishop of Bangor.
Bishop of Saint David's.
Bishop of Gloucester.
Bishop of Norwich.
Bishop of Exeter.
Lord Clifton.
Lord Hay.
Lord King.
Lord Ducie.
Lord Brownlow.
Lord Grey de Wilton.
Lord Verulam.
Lord Douglas of Douglas.
Lord Gage."
Then it was moved, "That the Clause in the said Act, directing that the Names of such Persons who shall appear to hold, or to have held, any of the Offices or Employments therein specified, shall be struck out of the said Report, be now read."
The same was accordingly read by the Clerk.
Ordered, That the said Titles be referred to a Committee to report the Names of those who shall appear to hold, or to have held, any of the Offices or Employments specified in the said Act.
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.
Spottiswoode to enter Recognizance on Leslie's Appeal.
The House being moved, "That John Spottiswoode, of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for the Reverend William Leslie, on Account of his Appeal depending in this House, he living in Scotland:"
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Treijer takes the Oaths in order to his Naturalization.
Gotlieb Augustus Treijer took the Oaths appointed, in order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Gotlieb Augustus Treijer."
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 the 5th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Pulteney against E. Darlington et al.
Upon reading the Petition of William Pulteney Esquire, Appellant in a Cause depending in this House, to which the Right Honourable Henry Earl of Darlington and others are Respondents, which stands appointed for Hearing; setting forth, "That the Petitioner lately presented his Appeal, from a Decree of the Court of Chancery, and that since the said Appeal was presented, the Earl of Darlington, one of the Respondents, is dead, having first made his last Will and Testament in Writing, and appointed Margaret Countess of Darlington his Wife, sole Executrix, who hath proved the same in the Prerogative Court of the Archbishop of Canterbury: That Lord Barnard eldest Son and Heir of the said Henry late Earl of Darlington, is now become William Harry Earl of Darlington, and the said Appeal being abated by the Death of the said late Earl of Darlington;" the Petitioner humbly prays Their Lordships will be pleased to order, "That the said Appeal may stand revived in the Name of the said Margaret Countess of Darlington, and the present William Harry Earl of Darlington, and that the Petitioner may have the same Benefit of the said Appeal, as if the said late Earl of Darlington was living:"
It is Ordered, That the said Appeal do stand revived in the Name of the said Margaret Countess of Darlington, and the present William Harry Earl of Darlington, and that they do put in their Answer or respective Answers thereunto in Writing, on or before Tuesday the 5th Day of March next.
Heaton's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sarah Heaton Widow, Mother and Guardian of John Heaton, a Minor, to grant Building Leases, during his Minority, of Ground in the Parish of Saint Pancras, in the County of Middlesex."
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 the 6th Day of March next, at the usual Time and Place; and to adjourn as they please.
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 Friday 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 Mr. Law, of Counsel for the Defendant, proceeded to open further the Defence of the said Warren Hastings to the Second Article of Charge; and being fully heard thereupon:
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 20o Februarii 1793.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Leslie against Innes et al.
The Answer of John Innes Esquire, and other Freeholders of the County of Elgin and Forres, to the Appeal of the Reverend Mr. William Leslie, Minister of the united Parishes of Saint Andrews and Kirkbride, was this Day brought in.
E. Wemyss against Sir A. Hope:
Upon reading the Petition and Appeal of Francis Charteris Earl of Wemyss, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 11th of December 1792, and also of an Interlocutor of the Lords of Session there, of the 12th of February 1793; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem meet; and that Sir Archibald Hope of Purkie Baronet, may be required to answer the said Appeal:"
It is Ordered, That the said Sir Archibald Hope may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Wednesday the 20th Day of March next; and Service of this Order upon any of the Counsel or Agents of the said Respondent, in the Court of Session in Scotland, shall be deemed good Service.
Dunn to enter into Recognizance on said Appeal.
The House being moved, "That Thomas Dunn, of Lincoln's Inn in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Francis Charteris Earl of Wemyss, on account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said Thomas Dunn may enter into a Recognizance for the said Appellant, as desired.
Welsh against Macdonall's Representatives.
Upon reading the Petition and Appeal of James Welsh, Tacksman of the Grazings of Dalmspiddle and Lochgary, lying in the united Parishes of Blair, Athol, and Strowan, and County of Perth; complaining of two Interlocutors of the Lord Ordinary in Scotland, of the 1st of July and 2nd of February 1792, and also of two Interlocutors of the Lords of Session there, of the 10th of January, and 5th of February 1793; and praying, "That the same may be reversed, varied, or amended, in so far as they assoilzie the Defenders from the Action of Damages, on account of the Intrusions, Violences, or Trespasses committed against him, and find him liable in Expences; or that the Appellant may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem meet; and that the Representatives of the late Colonel John Macdonell, and John Duke of Athol, may be required to answer the said Appeal:"
It is Ordered, That the Representatives of the late Colonel John Macdonell, and John Duke of Athol, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing on or before Wednesday the 20th Day of March next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.
Land Tax Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
With a Bill, intituled, "An Act for granting an Aid to His Majesty by a Land-Tax to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety-three;" to which they desire the Concurrence of this House.
Malt Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
With a Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and ninety-three;" to which they desire the Concurrence of this House.
The said Two 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 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 several Papers were produced and read.
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 Mr. Leeds and Mr. Walker, to acquaint them therewith.
Dumergues for a Naturalization Bill:
Upon reading the Petition of Charles Francis Dumergue and Charles John Joli Dumergue, praying Leave to bring in a Bill for their Naturalization:
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Bill presented.
Accordingly, the Lord Sandys presented to the House a Bill, intituled, "An Act for naturalizing Charles Francis Dumergue and Charles John Joli Dumergue."
The said Bill was read the First Time.
Campbell to enter into Recognizance on Welsh's Appeal.
The House being moved, "That James Campbell, of Manchester Buildings, Westminster, Gentleman, may be permitted to enter into a Recognizance for James Welsh, on account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said James Campbell may enter into a Recognizance for the said Appellant, as desired.
Leslie against Innes et al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Reverend Mr. William Leslie is Appellant, and John Innes Esquire and others are Respondents:"
It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.
Ladbroke's Bill.
The Lord King reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Estates of Robert Ladbroke Esquire, in the Counties of Warwick and Northampton, in Trustees, to be sold; and for laying out the Monies to arise thereby, in the Purchase of other Manors, Lands and Hereditaments, to be settled to the same Uses, as the said settled Estates now stand limited," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."
Which Amendments, being read Twice by the Clerk, were agreed to by the House:
Ordered, That the said Bill, with the Amendments, be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis vicesimum primum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.