House of Lords Journal Volume 39: June 1793 6-10

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: June 1793 6-10', in Journal of the House of Lords Volume 39, 1790-1793, (London, 1767-1830) pp. 722-740. British History Online https://www.british-history.ac.uk/lords-jrnl/vol39/pp722-740 [accessed 26 April 2024]

Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image
Image

In this section

June 1793 6-10

DIE Jovis, 6o Junii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Londin.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Carlisle.
Epus. Exon.
Ds. Loughborough, Cancellarius.
March. Stafford, C. P. S.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
M. Abercorn.
Comes Derby.
Comes Essex.
Comes Cardigan.
Comes Doncaster.
Comes Poulett.
Comes Lauderdale.
Comes Stanhope.
Comes Graham.
Comes Kerr.
Comes Fitzwilliam.
Comes Powis.
Comes Harcourt.
Comes Hardwicke.
Comes Chatham.
Comes Ailesbury.
Comes Mount Edgcumbe.
Comes Digby.
Comes Mansfield, Middlesex.
Viscount Wentworth.
Viscount Sydney.
Ds. Grenville, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Teynham.
Ds. Cathcart.
Ds. Hay.
Ds. Sandys.
Ds. Boston.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Rawdon.
Ds. Carteret.
Ds. Sommers.
Ds. Boringdon.
Ds. Douglas.
Ds. Delaval.
Ds. Hawkesbury.
Ds. Suffield.
Ds. Kenyon.
Ds. Malmesbury.
Ds. Douglas of Douglas.
Ds. Gage.
Ds. Douglas of Lochleven.

PRAYERS.

East India Annuities Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for placing the Stock, called East India Annuities, under the Management of the Governor and Company of the Bank of England, and ingrafting the same on the Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of Four Millions two hundred thousand Pounds, owing by the Publick to the East India Company; and for enabling the said Company to raise a Sum of Money, by a further Increase of their Capital Stock, to be applied in Discharge of certain Debts of the said Company."

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

It was resolved in the Affirmative.

Irish forfeited Estates Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in His Majesty certain forfeited Estates in Ireland, subject to the Disposition of the Parliament of Ireland."

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

It was resolved in the Affirmative.

Market Harborough Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Eleventh Year of the Reign of His present Majesty, intituled, "An Act to continue and render more effectual Two Acts, passed in the Twelfth Year of the Reign of King George the First, and the Nineteenth Year of the Reign of His late Majesty, for repairing the Road from Market Harborough to Loughborough, in the County of Leicester, and for repairing, widening, turning, and altering the Road branching out of the aforesaid Road, at a Place called Filling Gate, to a Road called the Foss Road, and from thence to the Turnpike Road leading from Melton Mowbray to the Guide Post in Saint Margaret's Field, Leicester."

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

It was resolved in the Affirmative.

Heage Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, widening, altering, and improving the Road from Heage, in the County of Derby, through Belper, to Duffield, in the said County."

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

It was resolved in the Affirmative.

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

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

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

Ireland, Importation of Goods from, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to permit Goods and Commodities, of the Growth, Production, or Manufacture of Asia, Africa, or America, legally imported into Ireland, to be imported from thence into Great Britain."

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

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

Foreign Spirits Duty Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue certain Duties of Excise on Foreign Spirits imported into this Kingdom, for a limited Time; and also for continuing certain Laws of Excise therein mentioned."

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

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

Spanish Mail Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Postmaster General to send the Mail to the Dominions of His Catholic Majesty, on board of any Vessels authorized by His Catholic Majesty to carry the same."

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

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

Brotherton Enclosure Bill.

The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, enclosing, stinting, regulating, and otherwise improving certain Lands and Grounds in the Parish of Brotherton, in the West Riding of the County of York," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Swindon Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Manor and Liberty of Swindon in the Parish of Womborne, in the County of Stafford," was committed.

Knottingley Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, and Ings, or Meadow Grounds, within the Township of Knottingley, in the West Riding of the County of York," was committed.

Cardington Road Bill.

The Lord Bishop of Bangor also reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Twelfth Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the Road from the Forty-eighth Mile Stone, in the Parish of Cardington, in the present Turnpike Road between Hitchin and Bedford, to Great Barford Bridge, and for continuing a Road from thence to the Great Northern Road, near Temsford Bridge, in the County of Bedford," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Skidby Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and unenclosed Fields, and Arable, Meadow, and Pasture Lands, Pastures and Wastes, within the Township of Skidby, in the Parish of Skidby, in the East Riding of the County of York."

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

Ld. Privy Seal.
D. Leeds.
D. Portland.
D. Bridgewater.
M. Abercorn.
E. Derby.
E. Poulett.
E. Lauderdale.
E. Stanhope.
E. Graham.
E. Fitzwilliam.
E. Hardwicke.
E. Chatham.
E. Ailesbury.
E. Mount Edgcumbe.
E. Digby.
V. Wentworth.
V. Sydney.
L. Abp. Canterbury.
L. Bp. London.
L. Bp. Bangor.
L. Bp. St. David's.
L. Bp. Exeter.
L. Grenville.
L. Willoughby Br.
L. Cathcart.
L. Hay.
L. Sandys.
L. Boston.
L. Amherst.
L. Brownlow.
L. Rawdon.
L. Sommers.
L. Hawkesbury.
L. Kenyon.

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

Sussex Militia Money Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for requiring and authorizing Charles Gilbert Esquire, Treasurer of the Eastern Division, and the Reverend Francis Tutté, the legal Representative of Randolph Tutté, deceased, late Treasurer of the Western Division of the County of Sussex, to pay certain Sums of Money received by them the said Treasurers, or either of them, on Account of the not raising the Militia of the said County, into the publick Stocks of the said Divisions, to be applied as therein is directed; and for other Purposes therein mentioned."

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

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

Friendly Societies Bill, Petition against.

Upon reading the Petition of Thomas Wylde, and others, taking Notice of a Bill depending in this House, intituled, "An Act for the Encouragement and Relief of Friendly Societies;" and praying, "That they may be heard by themselves or Counsel, against a Clause in the said Bill, as it now stands, being continued a Part of the said Bill, but that the same may be so altered and amended, as not to be of Prejudice to the Society."

It is Ordered, That the said Bill be read the Third Time on Tuesday next; and that the Petitioners be then heard by their Counsel against the said Clause, as desired.

Glasgow Church Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for rebuilding the Tron Church of the City of Glasgow; for Opening certain Streets; for removing Obstructions in the Trongate-Street; for building a Bridge over the River Clyde opposite to the Salt MarketStreet; for regulating the Weight and Measure of Coals; and the Mode of carrying Wood and Timber on the Streets of the said City; for enlarging the Gaol or Tolbooth there; and for selling Part of the High or Calton Green; and also the Glebe belonging to the Inner High Church, and Parish of Glasgow."

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

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

Dudley Canal Bill.

Ordered, That the Petition of the Merchants, Manufacturers, and principal Inhabitants of the Town of Birmingham in the County of Warwick, presented to the House on the 8th Day of April last, praying that the Bill, intituled, "An Act for making and maintaining a Navigable Canal from the Dudley Canal, in the County of Worcester, to the Worcester and Birmingham Canal, now making at or near Selly Oak, in the said County; and also certain Collateral Cuts to communicate therewith, may pass into a Law," be referred to the Committee, to whom the said Bill stands committed.

Caithness Statute Labour Bill.

The Earl of Lauderdale reported from the Lords Committees to whom the Bill, intituled, "An Act for making effectual the Statute Labour, and for levying Conversion Money in lieu of Labour in certain Cases, and for otherwise regulating, making, and repairing High Roads and Bridges in the County of Caithness," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Hereford and Gloucester Canal Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to convey and extend the Line of the Canal authorized to be made by an Act passed in the Thirtyfirst Year of the Reign of His present Majesty, intituled, "An Act for making and maintaining a Navigable Canal from the City of Hereford to the City of Gloucester, with a Collateral Cut from the same to the Town of Newent, in the County of Gloucester; and to amend the said Act," was committed.

Gibson and Johnson against Master et al., in Error:

The Order of the Day being read for the further Consideration of the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Richard Master, and others, are Defendants; and for the Judges to deliver their Opinions upon the Questions of Law put to them on the 15th of May last.

Judges Opinion delivered:

The Lord Chief Justice of the Court of Common Pleas delivered the unanimous Opinion of the Judges present upon the said Questions;

Upon the First Question—"That upon the State of the Evidence given for the Plaintiffs in this Case, it was not competent for the Defendants to insist upon the Jury being discharged from giving a Verdict by demurring to the Evidence, and obliging the Plaintiffs to join in Demurrer, without distinctly admitting upon the Record every Fact and every Conclusion of Fact which the Evidence given for the Plaintiffs conduced to prove."

Upon the Second Question—"That they humbly conceived that no Judgment can be given upon this Record."

Upon the Third Question—"That a Venire Facias de Novo ought to be awarded." And gave his Reasons.

Then the following Order and Judgement was made.

"Whereas, by Virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House on the 20th of March 1792, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Richard Master, Edward Dawson, George Brooks, John Kirton, Ralph Clayton, and John Dixon are Defendants, in order to Reverse a Judgement given in the Court of King's Bench for the said Defendants; and Counsel having been heard on Tuesday the 14th and Wednesday the 15th Days of May last, to argue the Errors assigned upon the said Writ of Error, and the unanimous Opinion of the Judges having been delivered upon Questions of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause."

Judgement reversed and a Venire Facias de Novo awarded.

"It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench for the said Defendants be, and the same is hereby Reversed." And it is further ordered, "That the said Court do award a Venire Facias de Novo, and proceed according to Law, and that the Record be remitted into the said Court of King's Bench."

The Tenor of which Judgement to be affixed to the Transcript of the Record is as follows; (videlicet)

"On which Day before our Lord the King and the Peers in the same Court of Parliament, now here at Westminster, in the said County of Middlesex assembled, come as well the said Thomas Gibson and Joseph Johnson in their proper Persons, as also the said Richard Master, Edward Dawson, George Brooks, John Kirton, Ralph Clayton, and John Dixon, by their Attorney aforesaid, whereupon all and singular the the Premises having been seen, and by the said Court of Parliament here fully understood as well the Record and Proceedings aforesaid as the several Matters above assigned for Error, by the said Thomas Gibson and Joseph Johnson, being diligently examined, and mature Deliberation being thereupon had, it appears to the said Court of Parliament now here, that the Judgement given in the said Court of King's Bench is erroneous, and that the same be, and the same is hereby accordingly reversed; and that the said Court of King's Bench do award a Venire Facias de Novo, and proceed according to Law."

Gibson and Johnson against Hunter in Error.

Ordered, That Counsel do attend To-morrow to argue the Errors assigned upon the Writ of Error wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Robert Hunter is Defendant.

Lottery Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money to be raised by a Lottery;" to which they desire the Concurrence of this House.

Post-Horse Duty Farming Bill.

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

With a Bill, intituled, "An Act for further continuing for a limited Time, an Act made in the Twenty-seventh Year of the Reign of His present Majesty, intituled, "An Act to enable the Lord High Treasurer or Commissioners of the Treasury, for the Time being to let to Farm the Duties granted by an Act made in the Twenty-fifth Year of His present Majesty's Reign, on Horses let to Hire for travelling Post, and by Time, to such Persons as should be willing to contract for the same;" to which they desire the Concurrence of this House.

Corn Regulation Bill.

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

With a Bill, intituled, "An Act to amend an Act made in the Thirty-first Year of the Reign of His present Majesty, intituled, "An Act for regulating the Importation and Exportation of Corn, and the Payment of the Duty on foreign Corn imported, and of the Bounty on British Corn exported;" to which they desire the Concurrence of this House.

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

Sir H. Bridgeman's Estate Bill.

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

To return the Bill, intituled, "An Act to enable Sir Henry Bridgeman, Baronet, and after his Death other Persons, to grant building Leases of his settled Estates at or near Bolton-in-le-Moors, in the County of Lancaster, for long Terms of Years;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Darby and St. Johns' Bill.

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

To return the Bill, intituled, "An Act for confirming and rendering effectual a Partition and Division between William Thomas Darby Esquire and Saint Andrew Saint John Esquire, of divers Manors, Lands, and Hereditaments, (heretofore the Estate of Richard Jackson Esquire, deceased,) in the several Counties of Norfolk, Essex, Surrey, Middlesex, and the City of London, and for limiting and settling the specific Parts thereof, which, upon such Partition and Division, were allotted to each of them, to the several Uses therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bewicke's Divorce Bill.

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

To return the Bill, intituled, "An Act to dissolve the Marriage of the Reverend Calverley John Bewicke, Clerk, with Mary Elizabeth, otherwise Mary Eliza Vaughan, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

D. Norfolk's Estate Bill.

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

To return the Bill, intituled, "An Act for enabling Richard William Howard Vyse, an infant Trustee, to join in making an Exchange of Part of the Estate of the Most Noble Charles Duke of Norfolk, with Francis Forrand Foljambe Esquire;" and to acquaint this House, That they have agreed to the same, with some Amendments, to which they desire Their Lordships Concurrence.

Lever's Bill.

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

To return the Bill, intituled, "An Act to enable James Lever, of Hindley in the County of Lancaster, Esquire, to make Grants in Fee, and also to grant Building Leases of certain Estates in the Township of Bolton-le-Moors, in the said County;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Odiham Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from Odiham to Alton, in the County of Southampton;" to which they desire the Concurrence of this House.

Hollym Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Carrs, within the several Townships of Hollym and Withernsea, in the Parish of Hollym, in the East Riding of the County of York; and for making a Compensation in Lieu of the Tythes thereof, and also of the Tythes of the ancient enclosed Lands in the said Townships;" to which they desire the Concurrence of this House.

Thirsk Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing a certain Moor or Common called Thirsk West Moor, and Calton and Sandhutton Commons, in the Parish of Thirsk, in the North Riding of the County of York, and several Parcels of Moor or Common Land, being Part of Bagby High Moor, lying within the several Townships of Thirsk, Bagby, and Balk, in the said Riding;" to which they desire the Concurrence of this House.

Anglesey Copper Mines Bill.

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

With a Bill, intituled, "An Act to amend an Act made in the Twenty-sixth Year of the Reign of His present Majesty, intituled, "An Act for allowing a Drawback of the Duties upon Coals used in smelting Copper and Lead Ores, and in Fire Engines for draining Water out of the Copper and Lead Mines, within the Isle of Anglesey;" to which they desire the Concurrence of this House.

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

Patentees Rights Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for securing the Rights of Patentees in certain Cases, from the Encroachments of Foreigners."

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

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

Llanferres Enclosure Bill, King's Consent signified.

The Lord Grenville acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for dividing, allotting, and enclosing certain Common and Waste Lands, in the Parishes of Llanferres, in the County of Denbigh, and Kilken in the County of Flint;" was pleased to consent (as far as His Majesty's Interest is concerned) that Their Lordships may proceed therein, as they shall think fit."

The Lord Bishop of Bangor reported from the Lords Committees, to whom the last-mentioned Bill was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House without any Amendment."

Frodsham Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing certain Commons and Waste Lands, within the Town and Lordship of Frodsham, and the Township of Helsby, in the Parish of Frodsham, in the County of Chester," was committed.

Ochiltree Peerage, Report from Committee:

The Lord Cathcart reported from the Lords Committees for Privileges, to whom was referred the Petition of Andrew Thomas Lord Castle Stewart, of the Kingdom of Ireland, claiming the Title and Dignity of Lord Ochiltree, together with His Majesty's Reference thereof to this House: "That the Committee had met and considered of the said Petition, and heard Counsel and Witnesses for the Petitioner, as also His Majesty's Attorney General on behalf of the Crown, and had come to the following Resolution; (videlicet)

"Resolved, That it doth not appear to this Committee, That the Lord Castle Stewart claiming the Title and Dignity of Lord Ochiltree, hath made out his Claim to the said Title and Dignity."

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

Resolution that the Petitioner hath not made out his Claim.

Resolved and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath not made out his Claim to the Title, Honour, and Dignity of Lord Ochiltree.

Ordered, That the said Resolution and Judgement be laid before His Majesty, by the Lords with White Staves.

Election of Peers for Scotland, Report from Committee:

The Order of the Day being read for receiving the Report from the Committee for Privileges, to whom were referred the several Petitions, relative to the Return of the Peers chosen for that Part of Great Britain called Scotland, of the several Resolutions come to by the said Committee:

The Lord Cathcart accordingly reported from the said Committee, "That the Committee had met, and considered the said several Petitions referred to them, and had heard Counsel on Behalf of the several Petitioners, as also on Behalf of the several Persons interested in the Matter of the said Petitions, as also the Attorney General, and the Lord Advocate for Scotland, on Behalf of His Majesty, and had examined Witnesses in relation to the several Matters therein contained, and had come to the following Resolutions; (videlicet)

1. "Resolved, That it is the Opinion of this Committee, that the Earl of Roseberry, the Earl of Deloraine, the Lord Viscount Dumblaine, the Lord Sinclair, the Lord Lindores, and the Lord Fairfax, did duly take the Oaths, and subscribe the Declaration prescribed in the Statute of the Sixth of Queen Anne, in order to entitle themselves to vote at the Election of Sixteen Peers, for that Part of Great Britain called Scotland, on the 24th Day of July 1790, and that the Fact of their having taken the said Oaths, and of their having subscribed the said Declaration, was sufficiently certified at the said Election, pursuant to the Directions of the said Statute."

2. "Resolved, That it is the Opinion of this Committee, that the Votes given by the Person who voted at the said Election, under the Title of Lord Belhaven, were not good."

3. "Resolved, That it is the Opinion of this Committee, that Francis Lord Napier was entitled to vote at the said Election."

4. "Resolved, That it is the Opinion of this Committee, that the Votes given at the said Election, by the Person who voted under the Title of Lord Newark, were not good."

5. "Resolved, That it is the Opinion of this Committee, that the Votes given at the said Election by the Lord Kinnaird for himself, and as Proxy for the Lord Dysart and the Lord Cranstoun, were good."

6. "Resolved, That it is the Opinion of this Committee, That the Votes given by the Lord Lindores, at the said Election were not good."

7. "Resolved, That it is the Opinion of this Committee, that the Votes given by the Earl of Moray, at the said Election were good."

8. "Resolved, That it is the Opinion of this Committee, that the Votes given by the Earl of Moray, as Proxy for the Earl of Caithness, were good."

9. "Resolved, That it is the Opinion of this Committee, that the Tender of the Votes of the Duke of Queensberry and the Earl of Abercorn, by sending to the Lord Clerk Registrar or his Deputies, signed Lists, together with proper Documents of their having respectively qualified themselves as by Law required to vote, was a due and sufficient Tender of their Votes at the said Election."

The first Resolution was read by the Clerk.

Report agreed to.

Moved, "To agree with the Committee in the said first Resolution."

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

The second Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said second Resolution."

The Question was put thereupon?

It was resolved in the Affirmative.

The third Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said third Resolution."

The Question was put thereupon?

It was resolved in the Affirmative.

The fourth Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said fourth Resolution."

The Question was put thereupon?

It was resolved in the Affirmative.

The fifth Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said fifth Resolution."

The Question was put thereupon?

It was resolved in the Affirmative.

The sixth Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said sixth Resolution."

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

The seventh Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said seventh Resolution."

The Question was put thereupon?

It was resolved in the Affirmative.

The eighth Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said eighth Resolution."

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

The ninth Resolution was read by the Clerk.

Then it was moved, "To agree with the Committee in the said ninth Resolution."

Which being objected to;

An Amendment was proposed to be made to the said Resolution, by adding at the End thereof, the Words ("and which Votes the Clerks officiating for the Lord Clerk Registrar ought to have received.")

After Debate,

The Question was put, "Whether the said Words shall be there added?"

It was resolved in the Negative.

Then it was moved, "To agree with the Committee in the said Resolution as at first proposed."

The Question was put thereupon?

It was resolved in the Affirmative.

DISSENTIENT:

Protests against agreeing to Ninth Resolution:

"Because the noble Personages whose Votes are declared by the above Resolution to have been duly and sufficiently tendered, being at that Time Peers of Great Britain by Patent, seem to have assumed a Right of Voting at the Election of Peers of Scotland to which they had no legal Claim. The Articles of Union and the different Acts of Parliament passed in consequence of that Treaty appearing to provide every Regulation respecting the Election of the Peers of Scotland, with a Reference to the precise State of the Peerage of Scotland at the Period of the Union; particularly in the Act of 1708, where a special Proviso is enacted, directing the Manner in which such Peers of Scotland as are also Peers of England, shall sign their Proxies and Lists, no Mention whatever is made of such Peers of Scotland as may in future be created by Patent, Peers of Great Britain.

2. Because the only Court competent to decide on the Merits of the Elections of the Sixteen Peers, namely, this House, has by a Resolution of January 21st 1708, distinctly declared, "That a Peer of Scotland claiming to sit in the House of Peers, by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and who now sits in the Parliament of Great Britain, had no right to Vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament." A Copy of which Resolution was on May 18th 1787, ordered by the House to be signed by the Clerk of the Parliaments, and transmitted to the Lord Clerk Registrar of Scotland, with Injunction to him to conform thereto.

3. Because the Claim of the Noble Duke and the Noble Earl above mentioned, to vote at the said Election under the then existing Circumstances, appears to have been unsupported by any Act of the Legislature, and in direct contradiction to the repeated Resolution and Orders of this House.

And lastly, because it is presumed, that no Tender of a Vote, however accurate in Point of Form, can be declared to be due and sufficient when the Person so tendering it, was not at the Time legally entitled to the Franchise of Election.

"Leeds.
Hay."

DISSENTIENT:

1. Because this Resolution is utterly incompatible with all rational Construction of the 22d Article of the Treaty of Union, subversive and destructive of those Rights and Advantages which are reserved to the Peerage of Scotland, by that solemn National Compact. The Principles of their Representation appear equally violated, whether it be considered as a Compensation for the Rights which the Scottish Nobility surrendered, or as a Security and Guard for the Rights which they retained.

The Right of Representation being given to the Peers of Scotland for the Loss of their hereditary Seat in Parliament; nothing seems more evident than that the Compensation cannot be justly claimed by those who no longer suffer the Loss. But while by this Resolution the elective Right is lavished on those who have recovered an hereditary Seat, its worth and value is diminished to the Peers of Scotland, who were justly entitled to that growing Importance of their Suffrage, which was to arise either from the operation of Time in lessening their Number, or from the Promotion of their more favoured Brethren to a superior Class of Peerage.

To attain a Purpose so iniquitous and absurd as that of indemnifying Men for a Loss under which they no longer labour at the Expence of those who continue to suffer it, we are to accumulate on the Heads of one description of Lords elective Franchise and hereditary Right, in a Manner new in Precedent, subversive of that Equality which is the basis of Peerage, and of that Separation of original from delegated Right which forms the Principle of Representation. Nor is it less manifest, that all the Security which the Peers of Scotland derive from the Seat granted to their Representatives in the Parliament of Great Britain, is destroyed by this Resolution. Peers of Great Britain, or those who are elected by Peers of Great Britain, can in no reasonable or honest Sense be called Representatives of the Peers of Scotland. The Object of Representation cannot be obtained without Identity of Interest, it implies at least some Controul on the Representative, some Responsibility to the Constituent. But the most important Interests of the Peers of Great Britain might survive the destruction of the Peerage of Scotland, and they possess no shadow of Check or Controul over pretended Representatives, who after having betrayed their dearest Rights, would still retain hereditary Seats in this House in contempt of their rejection, and in defiance of their displeasure. The utmost extremes of Absurdity and Injustice are the Result of that Construction of the Treaty of Union which is necessary to justify this Resolution. His Majesty may in process of Time be pleased to raise a Majority of the Peerage of Scotland to the Rank of British Peers. That Majority may elect Sixteen Representatives of their own Number. Thus Constituents who have no Interest in maintaining the Rights of the Scotch Nobility, will nominate Representatives equally unconcerned in the Maintenance of its Privileges; the Stipulations of the Treaty of Union become futile and nugatory; the Peers of Scotland are stript of all Protection and Defence, though for their Protection and Defence alone was the Election instituted, and the Representation constructed. Now let this reasoning be rejected, under Pretence that Arguments from injurious Consequences have no force in the Interpretation of Law; among the various Aids for the Construction of ambiguous Laws none is more important than the reasonable Presumption that it is not the Intention of the Legislature to enact Absurdity, or to ordain Injustice. The Principle of this Article of the Treaty of Union, was to give a real and substantial Representation to the Peerage of Scotland, in the House of Lords of the Parliament of Great Britain. Every Construction of it therefore ought to be rejected as repugnant to its Intention and Purpose, which tends to impair and destroy that Representation, to reduce their Right of Suffrage to an Illusion and a Mockery, worthless as a Compensation for the splendid Rights which they have sacrificed; impotent as a Defence for the slender Privileges they have reserved; contemptible in Value, and precarious in Enjoyment.

2. Because we conceive the Case of those Peers of Scotland who were Peers of England before the Union, to furnish no valid or conclusive Objection against these Reasonings. Their full Rights of Peerage in both Kingdoms are doubtless protected by the Treaty of Union, and their Case is therefore excepted from the Application of the general Principles of Representation to the elective Peerage of Scotland. To extend that excepted Case to the present Question appears only the last Resource of a feeble Sophistry compelled to infer a Rule from a Deviation, and to erect an Exception into a Principle.

Because the Peers of Scotland made no Effort against the defined and ascertained Rights of a small Body of Men, it is not therefore to be presumed that they were to submit to that progressive Diminution of their Importance, and that possible final Extinction of their Privileges, which are sanctioned and established by the Principle of the present Decision. On the Contrary, the Language of the Framers of the Union, uniformly discriminate between those who were Peers of England before that Treaty, and those who were created Peers of Great Britain after it, as distinct and separate Bodies of Men, who might enjoy different Rights, and to whom different Modes of reasoning might be applicable. Instead of multiplying Instances of this Discrimination it is sufficient to produce the memorable and decisive Example in 1708, when a sense of the Distinction was so strong that the Objection against the Vote of English Peers at the Scotch Election was abandoned as untenable, even by those who had urged it, while the Objection to the same Right of Peers of Great Britain was received as valid and conclusive by this House, and formed the basis of that solemn Decision which till now has been the rule and guide of our Proceedings.

3. Because if the Sense of the Treaty of Union had been more dubious, and its Construction on general Principles more equivocal, we should still deem it to have been conclusively interpreted with regard to us, by the solemn Decision and uniform Practice of this House.

On the 21st Day of January 1708-9, it was resolved by this House, "That a Peer of Scotland claiming to sit in the House of Peers by virtue of a Patent under the Great Seal of Great Britain, since the Union, and who now sits in the Parliament of Great Britain, had no Right to vote in the Election of the Sixteen Peers, who are to represent the Peers of Scotland in Parliament."—A Decision which appears to us to contain a Principle of the Law of Parliament, respecting the Scottish Peerage, only inferior in Force and Authority to the express Stipulations of the Treaty of Union itself. To so solemn a Determination have been added all the Weight and Sanction which uninterrupted Practice could bestow. Vainly will it be urged that the Resolution of the 20th December 1711, impeaches the Uniformity of this Practice. The Questions before the House in 1708 and 1711, were separate and distinct; but Decisions cannot be contradictory unless they regard the same Object, and pronounce differently on the same Question. The Lords indeed who protested against the Injustice of the last Resolution, render due Homage to the Principle of that of 1708; and so uniform was the Conviction of its Justice, that Lords who suffered from the Resolution of 1711, did at the Election of Scotch Peers in 1734, claim their elective Franchise on the sole Ground and Reason that they were deprived of their hereditary Seats, these two Rights being from Authority and from Reason, from Usage and from Principle, equally understood to be incompatable.

This Principle of Parliamentary Law thus founded on Reason, thus confirmed by Decision and Usage, is now subverted, and with it must perish all Trust in the stability of the Judgements of this House; consistency in Determination and adherence to Practice have ever prevailed in well constituted Judicatures; since uniformity in the application of Law, is of the same importance to Men with clearness in the Law itself. This great Principle so important in all Judicatures, is of peculiar Necessity in Courts of high and extensive Jurisdiction, where the Errors of the Judge are more fatal, and the Temptation to the Abuse of Authority more strong. But it is above all indispensible in Assemblies which mingle political Functions with judicial Power. An immutable and inflexible consistency of Decision can alone protect their Honesty from their own Infirmities, and their Character from Ignominy and general Comtempt. We have seen an Assembly thus circumstanced, after having long adapted its fluctuating Decisions to the varying Interests of Candidates or Ministers, at length reduced to the humiliating Necessity of making the Confession of its own Corruption, the Ground of resigning its Rights of Judicature. We are to dread that a similar instability of Decision, likely to be the Instrument of Purposes equally ambigious, may reduce the Jurisdiction of this House to be an Object of similar distrust, degradation and contempt.

4. Because even if we had been convinced that the Treaty of Union was ill interpreted by the Principle of its Stipulations, by the Opinion of its Framers, by the solemn Decision and uniform Practice of the only Tribunal competent to construe and apply it; We should still regard the retro-active Effect of this Determination as a flagrant Act of Injustice, and a gross Fraud and Delusion practised on the Peerage of Scotland. Under the Faith and Authority of Resolutions of this House, transmitted to them as the Rule of their Conduct, did they at their last Election vote: But these Resolutions are now retro-actively rescinded: The Compact of this House with those Peers who obeyed its Injunctions is violated, and the Claims of those who contemned them triumphant. A Reward is granted to Disobedience, while those who have been circumvented by our Resolutions, into any Trust in the Faith, or respect for the Authority of this House, find themselves disfranchised by their Confidence, and punished for their Obedience. No Rule of Action being derivable from fluctuating and contradictory Decisions, there is now left no Guide for the Conduct of the Peers of Scotland, but the temporary Caprice or the corrupt Interest of Ministers, and Majorities of this House, a Condition of abject Servitude little to have been apprehended for their Posterity by the Scottish Nobility, when they entrusted them and their Rights to the good Faith of a perpetual, predominant, increasing, and irresistible Majority of Peers, over whom there existed not the Check of common Interest, and against whose Decisions they left themselves without Protection or Defence.

"Lauderdale."

E. Kinnoull's Petition:

A Petition of Robert Auriol Earl of Kinnoul, and Lord Hay of Pedwardine, was presented and read; setting forth, "That the Petitioner is a Peer of Scotland, and is likewise a Peer of Great Britain, sitting in this House, by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and he is therefore entitled to all the Privileges which any other Person having, in him, both Characters, can legally exercise. That upon the 21st Day of January 1708-9, this House came to the following Resolution, as appears by the Journals, (videlicet) "That a Peer of Scotland claiming to sit in the House of Peers, by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and who sits in the Parliament of Great Britain, has no right to vote in the Election of the Sixteen Peers who represent the Peers of Scotland in Parliament;" that from the Date of the said Resolution, till the Year 1787, there was no Instance of a Peer within the said Description, voting or attempting to vote in the Elections of the Peers of Scotland. That upon the 18th of May 1787, this House was pleased to order a Copy of the said Resolution to be transmitted by the Clerk of Parliament to the Lord Clerk Registrar of Scotland, with an Injunction to him to conform thereto, and such Copy was transmitted accordingly. That upon the 21st of April 1788, the House resolved, "That it is the Opinion of this House, that the Lord Clerk Registrar, and his Deputies, acting at the Election of the Scots Peers, ought to conform to the Resolutions of this House, of which they have had Notice by Order of the House." That it appears by the Minutes of the late Election of the Sixteen Peers to represent the Peerage of Scotland in the present Parliament, held in pursuance of His Majesty's Royal Proclamation, upon the 24th of July 1790, of which Minutes an authentic Copy has been exhibited to their Lordships; that the Clerks of Session officiating as the Deputies of the Lord Clerk Registrar, stated to the Peers assembled, "That they had received signed Lists from the Duke of Queensberry and the Earl of Abercorn, which, in consequence of the Resolution of this House, they were not to reckon in the Return." "That the Reason of this Conduct was, that it being notorious that the Duke of Queensberry and Earl of Abercorn were Peers of Great Britain, within the Description of their Lordships' Resolution of 1708-9, the Clerks considered the Resolution as declaratory of the Law, and that they were obliged, at their Peril, to give Obedience to their Orders, and reject such Votes. That the Lists so said to have been signed by the Duke of Queensberry and Lord Abercorn, and received by the Clerks, were not read or produced to the Meeting of the Peers, nor did the Petitioner, or the said Meeting, know for whom the said Duke of Queensberry and Earl of Abercorn, by their said Lists, signified their Intention to Vote. That it further appears, by the said Minutes of the Election, that the Petitioner was present, and qualified himself in Terms of Law, but that he did not offer to Vote; declaring himself to be decidedly of Opinion, that Peers of Scotland, situated as he was, had no right to Vote, and that he did not intend to claim his Vote upon the then Occasion, unless the Votes of other Peers, in a similar situation, had been received; in which Case he would have thought it incumbent on him to give his Vote, in order to counteract, as far as he could, what he held to be improper and illegal. That what has been so mentioned by the Clerks in the Minutes is agreeable to the Truth, and the Petitioner, upon his Honour, declares, and is ready to make Oath, if the House thinks proper to require his Oath, that he abstained from voting, or tendering his Votes, because of the Declaration of the Clerks, that they were not to reckon the Votes of the Duke of Queensberry and Lord Abercorn, and because their Lists were not produced and read, for that if the Clerks had acted otherwise, he meant to have given or tendered his Votes for the Peers following, that is to say, the Marquis of Tweeddale; the Earls of Glencairn, Strathmore, Lauderdale, Dumfries, Elgin, Selkirk, Breadalbane, Aberdeen, and Hopetoun; the Lord Viscount Stormont, and the Lords Saltoun, Gray, Cranstoun, Elibank, and Kinnaird. And the Petitioner further declares, upon his Honour, and is ready to make Oath, if required, that he would have given or tendered his Votes accordingly, had it entered his Imagination that the Votes of the Duke of Queensberry and the Earl of Abercorn would or could have been received or reckoned good in any other Stage of the Business. That the said Duke of Queensberry and Earl of Abercorn having presented their Petitions to this House, complaining that their Votes were not received at the said Election, and praying that the same might be reckoned; and certain Peers of Scotland, Candidates at the said Election, having presented their Petitions to this House, praying to have the Benefit of the said Votes, as duly given or tendered, their Lordships have lately Resolved, "That the Votes of the said Duke and Earl ought to be reckoned, if duly tendered; and the Committee of Privileges having Resolved, That the said Votes were duly tendered, this House has now agreed with the Resolution of the Committee, that the Petitioner cannot allow himself to suppose that their Lordships having thus admitted the Votes of the Duke of Queensberry and of the Earl of Abercorn, tendered in the Manner above-mentioned, by Lists not produced or read, will or can refuse to admit the Votes of the Petitioner in like Manner. This House cannot permit an Advantage to be obtained by the said Duke and Earl, and the Candidates favoured by them, derived from their acting against the Resolutions of the House then standing in full Force, over the Petitioner who acted in Conformity to the Resolutions, and over the Lords whom he favoured. Neither can the Petitioner imagine that his Case will be said to come within the Spirit of the Order Their Lordships made, That all Peers of Scotland meaning to complain of any Thing relative to the late Election should present their Petitions within a given Time, now long past, for it was their own Resolution and the Respect he entertained for this House, which led him to think that as he had no Interest in the Election, though a Peer of Scotland, so he could have no Right, and that it would have been indecent to Petition. He is now taught otherwise, and conceives it to be a Duty he owes to himself, and to those Peers who ought to have the Benefit of his Votes, to make this Application;" and therefore praying the House, "To take the Premises into their Consideration, and to admit the Votes so meant to have been given by him, and give such Orders on the subject Matter of this Petition as Their Lordships' great Wisdom and Regard to Justice, Consistency, and their own Dignity may dictate." And the Petitioner prays, "That at any rate, he may be allowed to be heard by his Counsel, touching the Matters aforesaid."

Motion that Petitioner be heard, negatived:

Moved, "That the Petitioner be heard by his Counsel as prayed by his said Petition."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

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

Motions respecting his Lordship's Vote at Election, negatived.

Moved to resolve, "That Robert Auriol, Earl of Kinnoull, and Lord Hay of Pedwardine, being a Peer of Scotland, and likewise a Peer of Great Britain sitting in this House, by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and having attended at the Meeting of the Scottish Peers, on the 24th of July 1790, by virtue of His Majesty's Royal Proclamation for the Election of Sixteen Peers to represent the Peers of Scotland in the present Parliament, and having duly qualified himself to vote in the said Election, and desired to be marked in the Sederunt, and offered to vote therein for certain Peers of Scotland, whose Names he is ready now to deliver to this House upon his Honour, or upon his Oath if required, and having been prevented from voting in the said Election by the peremptory Refusal of the Deputies of the Lord Clerk Register, to admit the Votes of Peers in a similar Situation, in humble Obedience to an Order of this House, bearing date on the 18th of May 1787, the said Vote ought to be considered as actually given and reckoned accordingly for those Peers of Scotland, for whom it was intended to be given."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Then it was moved, "To resolve, that the Vote of the Earl of Kinnoull was duly tendered at the last Election of Sixteen Peers of Scotland to represent the Peers of Scotland in the Parliament of Great Britain."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Constables, &c. Fines Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace Officers for Neglect of Duty; and on Masters of Apprentices for ill Usage of such their Apprentices; and also to make Provision for the Execution of Warrants of Distress granted by Magistrates:"

Ordered, That the said Order be discharged.

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

Election of Peers for Scotland, Committee to calculate Number of Votes.

Ordered, That a Committee be appointed to make a Calculation of the Number of Votes of the Peers who voted at the Election of the Sixteen Peers for Scotland as they stand, according to the several Resolutions of this House relative to the said Election.

Ordered, That the said Committee do meet Tomorrow at two of the Clock in the Afternoon, in the Prince's Lodgings, near the House of Peers; and having made such Calculation do report to the House.

Ordered, That all the Lords who have been or shall be present this Session, be added to the said Committee.

Lickbarrow and Wright against Mason et al., in Error.

Ordered, That the further Consideration of the Cause, wherein William Nowell Lickbarrow and Ralph Wright are Plaintiffs, and Edward Mason and others are Defendants, which stands appointed for this Day, be put off till To-morrow.

The King against Amery, in Error.

Ordered, That the further Consideration of the Petition of the Relator in the Cause between the King against Amery, which stands appointed for this Day, be put off till To-morrow.

Adjourn.

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

DIE Veneris, 7o Junii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Bangor.
Epus. Exon.
Ds. Loughborough, Cancellarius.
March. Stafford, C. P. S.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Derby.
Comes Sandwich.
Comes Shaftesbury.
Comes Poulett.
Comes Lauderdale.
Comes Dumfries.
Comes Stanhope.
Comes Graham.
Comes Kerr.
Comes Fitzwilliam.
Comes Powis.
Comes Hardwicke.
Comes Radnor.
Comes Mount Edgcumbe.
Comes Mansfield, Middlesex.
Viscount Wentworth.
Viscount Sydney.
Ds. Grenville, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Cathcart.
Ds. Hay.
Ds. Chedworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Boston.
Ds. Hawke.
Ds. Amherst.
Ds. Harrowby.
Ds. Walsingham.
Ds. Porchester.
Ds. Grantley.
Ds. Hawkesbury.
Ds. Douglas of Douglas.
Ds. Douglas of Lochleven.

PRAYERS.

Gibson and Johnson against Hunter in Error:

The Order of the Day being read for the Hearing of Counsel to argue the Errors assigned upon the Writ of Error wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Robert Hunter is Defendant:

Counsel were accordingly called in.

And one Counsel for the Plaintiffs having been heard:

As also one Counsel for the Defendant:

The Counsel were directed to withdraw.

Then the following Order and Judgement was made:

Whereas by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled; a Record of the Court of King's Bench was brought into this House on the 20th of March 1792, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Robert Hunter is Defendant, in order to reverse a Judgement given in the Court of King's Bench for the said Defendant; and Counsel having been heard this Day to argue the Errors assigned upon the said Writ of Error, and due Consideration had of what was offered on either side in this Cause:

Judgement reversed, and a Venire Facias de Novo awarded.

"It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench for the said Defendant, be and the same is hereby reversed; and it is further Ordered, That the said Court do award a Venire facias de novo, and proceed according to Law, and that the Record be remitted into the said Court of King's Bench."

The Tenor of which Judgement, to be affixed to the Transcript of the Record, is as follows; (videlicet)

On which Day before Our Lord the King, and the Peers in the same Court of Parliament now here at Westminster, in the said County of Middlesex, assembled, come as well the said Thomas Gibson and Joseph Johnson in their proper Persons, as also the said Robert Hunter by his Attorney aforesaid, whereupon all and singular the Premises having been seen, and by the said Court of Parliament here, fully understood, as well the Record and Proceedings aforesaid, as the several Matters above assigned for Error, by the said Thomas Gibson and Joseph Johnson, being diligently examined, and mature Deliberation being thereupon had, it appears to the said Court of Parliament now here, that the Judgement given in the said Court of King's Bench, is erroneous, and that the same be and the same is hereby accordingly reversed, and that the said Court of King's Bench do award a Venire facias de novo, and proceed according to Law."

Essex Roads Bill.

The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Roads leading from the Western Part of the Parish of Shenfield to Harwich and Rochford, and from Chelmsford to Ballingdon Bridge, and from Margaretting to Malden, and from Colchester to Dedham Bridge, and from Lexden to the East End of the Town of Haverill, and from High Garrett to Bulmer Tie, and from Mark's Tey to Braintree, and from Little Waltham to the End of the Parish of Great Hallingbury, and from Malden to Braintree, in the County of Essex," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Speeton Enclosure Bill.

The Lord Bishop of Bangor also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Lands, Pastures, and Wastes, within the Township of Speeton, in the Parish of Bridlington, in the East Riding of the County of York," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Southburn Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, enclosing, and improving the Open Fields, Meadows, Pastures, and Wastes, within the Township of Southburn, in the Parish of Kirkburn, in the East Riding of the County of York," was committed.

Hollym Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Carrs, within the several Townships of Hollym and Withernsea, in the Parish of Hollym, in the East Riding of the County of York, and for making a Compensation in Lieu of the Tythes thereof, and also of the Tythes of the ancient enclosed Lands, in the said Townships."

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

Ld. Privy Seal.
D. Leeds.
D. Portland.
D. Bridgewater.
M. Townshend.
E. Derby.
E. Sandwich.
E. Shaftesbury.
E. Poulett.
E. Lauderdale.
E. Dumfries.
E. Stanhope.
E. Graham.
E. Kerr.
E. Fitzwilliam.
E. Powis.
E. Hardwicke.
E. Radnor.
E. Mount Edgcumbe.
E. Mansfield, Middlesex.
V. Wentworth.
V. Sydney.
L. Abp. Canterbury.
L. Bp. Bangor.
L. Bp. Exeter.
L. Grenville.
L. Willoughby Br.
L. Cathcart.
L. Hay.
L. Chedworth.
L. Ponsonby.
L. Walpole.
L. Boston.
L. Hawke.
L. Amherst.
L. Harrowby.
L. Walsingham.
L. Porchester.
L. Grantley.
L. Hawkesbury.
L. Douglas of Douglas.
L. Douglas of Lochleven.

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

Petition against it.

Upon reading the Petition of the Mayor, Aldermen, and Burgesses of the Town of Beverley, in the East Riding of the County of York, under their common Seal, taking Notice of the last mentioned Bill; and praying Their Lordships, "That they may be permitted to be heard by their Counsel against the said Bill, and that the same may not pass into a Law:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, and that the Petitioners be at Liberty to be heard by their Counsel against the said Bill as desired, before the said Committee; and that Counsel be heard for the Bill at the same Time, if they think fit.

Thirsk Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Moor or Common called Thirsk West Moor, and Calton and Sandhutton Commons, in the Parish of Thirsk, in the North Riding of the County of York, and several Parcels of Moor or Common Land, being Part of Bagby High Moor, lying within the several Townships of Thirsk, Bagby, and Balk, in the said Riding."

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

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

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Earl Graham on his Right Hand, and the Lord Amherst on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (videlicet)

GEORGE R.

"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our right trusty and right well-beloved, the Lords Spiritual and Temporal, and to Our trusty and well-beloved, the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting; Whereas, We have seen and perfectly understood, divers and sundry Acts agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue, (that is to say) An Act for placing the Stock called East India Annuities under the Management of the Governor and Company of the Bank of England, and ingrafting the same on the Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of Four millions two hundred thousand Pounds, owing by the Public to the East India Company; and for enabling the said Company to raise a Sum of Money by a further Increase of their Capital Stock, to be applied in discharge of certain Debts of the said Company." "An Act for vesting in His Majesty certain forfeited Estates in Ireland, subject to the Disposition of the Parliament of Ireland." "An Act for making and maintaining a Navigable Canal from the River Dun Navigation Cut at or near Stainforth, in the West Riding of the County of York, to join and communicate with the River Trent at or near Keadby, in the County of Lincoln; and also a Collateral Cut from the said Canal to join the said River Dun, in the Parish of Thorne, in the said Riding." "An Act for making effectual the Statute Labour in the Shire of Inverness, and for levying Conversion Money in Lieu of Labour; and for otherwise regulating, making, and repairing Highways and Bridges in the said Shire; and for improving, widening, and lighting the Streets within the Royal Burgh of Inverness." "An Act for repairing and widening that Part of the Road leading from Kelso towards the Town of Selkirk, which lies to the Eastward of the Turnpike Road leading from Jedburgh to Lauder, which crosses the River Tiviot, near the Town of Kelso, and the Road leading from Kelso towards Coldstream, to the Place where it joins the Turnpike Road leading from Greenlaw to Coldstream, and from Kelso through Ednam, to Orange Lane, in the Parish of Eccles, in the County of Berwick, and from the Ford at Newton Mill through Ednam to Edenfoot, and from Kelso to Cornhill, in the County of Durham." "An Act for enlarging the Term and Powers of an Act passed in the Eleventh Year of the Reign of His present Majesty, intituled, An Act to continue and render more effectual two Acts passed in the Twelfth Year of the Reign of King George the First, and the Nineteenth Year of the Reign of His late Majesty, for repairing the Road from Market Harborough to Loughborough, in the County of Leicester, and for repairing, widening, turning, and altering the Road branching out of the aforesaid Road at a Place called Filling Gate, to a Road called the Foss Road, and from thence to the Turnpike Road leading from Melton Mowbray to the Guide Post in Saint Margaret's Field, Leicester." "An Act for repairing, widening, altering, and improving the Road from Heage, in the County of Derby, through Belper to Duffield, in the said County." "An Act for empowering the Committees or Committee for the Time being, of the Estate of the Most Noble Anna Eliza Duchess of Chandos, a Lunatic, to make Leases of her Estate during her Lunacy, and for other Purposes therein mentioned." "An Act for confirming and rendering effectual a Partition and Division between William Thomas Darby Esquire, and Saint Andrew Saint John Esquire, of divers Manors, Lands, and Hereditaments, (heretofore the Estate of Richard Jackson Esquire, deceased,) in the several Counties of Norfolk, Essex, Surrey, Middlesex, and the City of London, and for limiting and settling the specific Parts thereof, which upon such Partition and Division were allotted to each of them, to the several Uses therein mentioned." "An Act to enable Sir Henry Bridgeman Baronet, and after his Death other Persons, to grant Building Leases of his settled Estates at or near Bolton-in-le-Moors, in the County of Lancaster, for long Terms of Years." "An Act to enable James Lever, of Hindley, in the County of Lancaster, Esquire, to make Grants in Fee, and also to grant Building Leases of certain Estates in the Township of Bolton-in-le-Moors, in the said County." "An Act for dividing, and enclosing the Open Fields, Meadows, and Pastures within the Parish of Willoughby-on-the-Woulds, in the County of Nottingham." "An Act for dividing, allotting, and enclosing the Open Fields, Meadows, and Commonable Grounds in the Parish or Lordship of Queneborough, in the County of Leicester." "An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons and Waste Grounds within the Hamlet of Taddington and Priestcliff, in the Parish of Blakewell, and County of Derby." "An Act to dissolve the Marriage of Edward Brown Esquire with Susanna Solley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned." "An Act to dissolve the Marriage of the Reverend Calverley John Bewicke, Clerk, with Mary Elizabeth, otherwise Mary Eliza Vaughan, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned." "And albeit the said Acts by you Our said Subjects the Lords Spiritual and Temporal, and Commons, in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; and forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing, that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also, by these Presents, Our right trusty and well-beloved Counsellor Alexander Lord Loughborough, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also, commanding Our Most Dear and entirely-beloved Son and Most faithful Counsellor George Prince of Wales; Our Most Dear Sons and faithful Counsellors Frederick Duke of York, William Duke of Clarence; Our Most Dear Brother and faithful Counsellor William Duke of Gloucester; the Most Reverend Father in God, our right trusty and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and right well-beloved Cousin and Counsellor Charles Earl Camden, President of Our Council; Our right trusty and entirely beloved Cousin and Counsellor Granville Marquis of Stafford, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors John Frederick Duke of Dorset, Steward of Our Household; Charles Duke of Richmond, James Duke of Montrose, Master of Our Horse; Our right trusty and entirely beloved Cousins and Counsellors James Marquis of Salisbury, Chamberlain of Our Household; Thomas Marquis of Bath, Groom of Our Stole; Our right trusty and right well-beloved Cousin and Counsellor John Earl of Chatham, first Commissioner of Our Admiralty; and Our right trusty and well-beloved Counsellors William Wyndham Lord Grenville, One of Our Principal Secretaries of State; Jeffery Lord Amherst, Charles Lord Hawkesbury, and Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts, in the Parliament Roll; and these Our Lettters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts, shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the Contrary thereof notwithstanding. In Witness whereof, We have caused these our Letters to be made Patent.

Witness Ourself at Westminster, the Seventh Day of June, in the Thirty-third Year of Our Reign.

"By the King Himself, signed with His own Hand."

"Yorke."

Then the Lord Chancellor said,

"In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

1. "An Act for placing the Stock called East India Annuities, under the Management of the Governor and Company of the Bank of England, and ingrafting the same on the Three Pounds per Centum Reduced Annuities, in Redemption of a Debt of Four millions two hundred thousand Pounds owing by the Publick to the East India Company, and for enabling the said Company to raise a Sum of Money by a further Increase of their Capital Stock, to be applied in discharge of certain Debts of the said Company."

2. "An Act for vesting in His Majesty certain forfeited Estates in Ireland, subject to the Disposition of the Parliament of Ireland."

3. "An Act for making and maintaining a Navigable Canal from the River Dun Navigation Cut, at or near Stainforth, in the West Riding of the County of York, to join and communicate with the River Trent, at or near Keadby, in the County of Lincoln; and also a Collateral Cut from the said Canal to join the said River Dun, in the Parish of Thorne, in the said Riding."

4. "An Act for making effectual the Statute Labour in the Shire of Inverness, and for levying Conversion Money in lieu of Labour; and for otherwise regulating, making, and repairing, Highways and Bridges in the said Shire; and for improving, widening, and lighting the Streets within the Royal Burgh of Inverness."

5. "An Act for repairing and widening that Part of the Road leading from Kelso towards the Town of Selkirk, which lies to the Eastward of the Turnpike Road leading from Jedburgh to Lauder, which crosses the River Tiviot, near the Town of Kelso, and the Road leading from Kelso towards Coldstream, to the Place where it joins the Turnpike Road leading from Greenlaw to Coldstream, and from Kelso through Ednam, to Orange Lane, in the Parish of Eccles, in the County of Berwick, and from the Ford at Newton Mill, through Ednam to Edenfoot, and from Kelso to Cornhill, in the County of Durham."

6. "An Act for enlarging the Term and Powers of an Act passed in the Eleventh Year of the Reign of His present Majesty, intituled, "An Act to continue and render more effectual Two Acts passed in the Twelfth Year of the Reign of King George the First, and the Nineteenth Year of the Reign of His late Majesty for repairing the Road from Market Harborough, in the County of Leicester; and for repairing, widening, turning, and altering the Road branching out of the aforesaid Road, at a Place called Filling Gate, to a Road called the Foss Road, and from thence to the Turnpike Road leading from Melton Mowbray to the Guide Post in Saint Margaret's Field, Leicester."

7. "An Act for repairing, widening, altering, and improving the Road from Heage, in the County of Derby, through Belper, to Duffield, in the said County."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy le veult."

8. "An Act for empowering the Committees or Committee, for the Time being, of the Estate of the Most Noble Anna Eliza Duchess of Chandos, a Lunatic, to make Leases of her Estate during her Lunacy and for other Purposes therein mentioned."

9. "An Act for confirming and rendering effectual a Partition and Division between William Thomas Darby Esquire, and Saint Andrew Saint John Esquire, of divers Manors, Lands, and Hereditaments (heretofore the Estate of Richard Jackson Esquire, deceased) in the several Counties of Norfolk, Essex, Surrey, Middlesex, and the City of London, and for limiting and settling the specific Parts thereof, which, upon such Partition and Division, were allotted to each of them, to the several Uses therein mentioned."

10. "An Act to enable Sir Henry Bridgeman, Baronet, and, after his Death, other Persons, to grant Building Leases of his settled Estates, at or near Bolton-in-le-Moors, in the County of Lancaster, for long Terms of Years."

11. "An Act to enable James Lever, of Hindley, in the County of Lancaster Esquire, to make Grants in Fee, and also to grant Building Leases of certain Estates in the Township of Bolton-le-Moors, in the said County."

12. "An Act for dividing and enclosing the Open Fields, Meadows, and Pastures, within the Parish of Willoughby on the Wolds, in the County of Nottingham."

13. "An Act for dividing, allotting and enclosing the Open Fields, Meadows, and Commonable Grounds in the Parish or Lordship of Queneborough, in the County of Leicester."

14. "An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, and Waste Grounds, within the Hamlet of Taddington and Priestcliff, in the Parish of Blakewell, and County of Derby."

15. "An Act to dissolve the Marriage of Edward Brown Esquire, with Susannah Solley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

16. "An Act to dissolve the Marriage of the Reverend Calverley John Bewicke Clerk, with Mary Elizabeth, otherwise Mary Eliza Vaughan, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Scotch Creditors Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for rendering the Payment of Creditors more equal and expeditious in that Part of Great Britain called Scotland."

After some Time, the House was resumed:

And the Lord Bishop of Bangor reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Welsh Courts, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for remedying Inconveniences attending certain Proceedings in the Courts of Great Sessions in Wales, and for the County Palatine of Chester; in the Court of Common Pleas for the County Palatine of Lancaster; in the Court of Pleas for the County Palatine of Durham, and in the County Courts in Wales."

After some Time, the House was resumed:

And the Lord Bishop of Bangor reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Newfoundland Judicature Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for establishing Courts of Judicature in the Island of Newfoundland, and the Islands adjacent."

After some Time, the House was resumed:

And the Lord Bishop of Bangor reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ireland, Importation of Goods from, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to permit Goods and Commodities of the Growth, Production, or Manufacture of Asia, Africa, or America, legally imported into Ireland, to be imported from thence into Great Britain."

After some Time, the House was resumed:

And the Lord Bishop of Bangor reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Spanish Mail Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the Post-Master-General to send the Mail to the Dominions of His Catholick Majesty, on board of any Vessels authorized by His Catholick Majesty to carry the same."

After some Time, the House was resumed:

And the Lord Bishop of Bangor reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Foreign Spirits Duty Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue certain Duties of Excise on Foreign Spirits imported into this Kingdom for a limited Time; and also for continuing certain Laws of Excise therein mentioned."

After some Time, the House was resumed:

And the Lord Bishop of Bangor reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Lottery Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum of Money, to be raised by a Lottery."

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

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Post-Horse Duty Farming Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for further continuing for a limited Time an Act made in the Twenty-seventh Year of the Reign of His present Majesty, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury, for the Time being, to let to farm the Duties granted by an Act made in the Twenty-fifth Year of His present Majesty's Reign, on Horses let to hire for travelling Post and by Time, to such Persons as should be willing to contract for the same."

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

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Corn Regulation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend an Act made in the Thirty-first Year of the Reign of His present Majesty, intituled, "An Act for regulating the Importation and Exportation of Corn, and the Payment of the Duty on Foreign Corn imported, and of the Bounty on British Corn exported."

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

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Constables, &c. Fines Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace Officers, for Neglect of Duty, and on Masters of Apprentices, for ill Usage of such their Apprentices; and also to make Provision for the Execution of Warrants of Distress granted by Magistrates."

After some Time, the House was resumed:

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

Ordered, That the said Report be received on Monday next.

Sussex Militia Money Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act requiring and authorizing Charles Gilbert Esquire, Treasurer of the Eastern Division, and the Reverend Francis Tutté, the legal Representative of Randolph Tutté, deceased, late Treasurer of the Western Division of the County of Sussex, to pay certain Sums of Money received by them, the said Treasurers, or either of them, on Account of the not raising the Militia of the said County, into the Publick Stocks of the said Divisions, to be applied as therein is directed; and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Llanferres, &c. Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing certain Common and Waste Lands, in the Parishes of Llanferres, in the County of Denbigh, and Kilken, in the County of Flint."

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

It was resolved in the Affirmative.

Frodsham Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, allotting, and inclosing certain Commons and Waste Lands, within the Town and Lordship of Frodsham, and the Township of Helsby, in the Parish of Frodsham, in the County of Chester."

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

It was resolved in the Affirmative.

Cardington Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Twelfth Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the Road from the Forty-eighth Mile Stone, in the Parish of Cardington, in the present Turnpike Road between Hitchin and Bedford, to Great Barford Bridge; and for continuing a Road from thence to the Great Northern Road, near Temsford Bridge, in the County of Bedford."

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

It was resolved in the Affirmative.

Hereford and Gloucester Canal Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to vary and extend the Line of the Canal, authorised to be made by an Act, passed in the Thirty-first Year of the Reign of His present Majesty, intituled, "An Act for making and maintaining a Navigable Canal from the City of Hereford to the City of Gloucester, with a collateral Cut from the same to the Town of Newent, in the County of Gloucester, and to amend the said Act."

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

It was resolved in the Affirmative.

Caithness Statute Labour Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making effectual the Statute Labour, and for levying Conversion Money in Lieu of Labour, in certain Cases, and for otherwise regulating, making, and repairing High Roads and Bridges in the County of Caithness."

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

It was resolved in the Affirmative.

Knottingley Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, and Ings, or Meadow Grounds, within the Township of Knottingley, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Brotherton Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, enclosing, stinting, regulating, and otherwise improving certain Lands and Grounds, in the Parish of Brotherton, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Swindon Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Manor and Liberty of Swindon, in the Parish of Womborne, in the County of Stafford."

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

It was resolved in the Affirmative.

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

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

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

D. Norfolk's Estate Bill:

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for enabling Richard William Howard Vyse, an Infant Trustee, to join in making an Exchange of Part of the Estate of the Most Noble Charles Duke of Norfolk with Francis Ferrand Foljambe Esquire."

And the said Amendments being read Three Times by the Clerk, the same were agreed to by the House.

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

Salford, &c. Roads Bill.

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

With a Bill, intituled, "An Act for more effectually repairing, widening, and improving certain Roads leading to and from the Towns of Salford, Warrington, Bolton, and Wigan, and to certain Places called the Broad Oak in Worsley, and Duxbury Stocks; and also the Road from a Place called South Sea, in Pendlebury, to Agecroft Bridge, and from thence, through Hilton Lane, to Dawson Lane End; and also from Agecroft Bridge, over Kersal Moor, to Singleton Brook, all in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Letters Patent Enrolment Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for securing the Rights of Patentees in certain Cases from the Encroachments of Foreigners."

Ordered, That the said Order be discharged.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Election of Peers for Scotland, report of Calculation of Votes:

The Lord Cathcart reported from the Lords Committees, appointed to make a Calculation of the Number of Votes of the Peers who voted at the Election of the Sixteen Peers for Scotland, as they stand according to the several Resolutions of this House relative to the said Election, and after making such Calculations do report to the House: "That the Committee had met and taken into Consideration the Matter to them referred, and had made a Calculation accordingly as follows; (videlicet)

Candidates. Votes at the Election. Taken off. Remains. Added. Result.
D. Hamilton 1 1
D. Buccleugh 1 1
D. Gordon 1 1
D. Queensberry 1 1
D. Argyle 1 1
D. Athol 1 1
D. Roxburgh 1 1
M. Tweeddale 32 1 31 31
M. Lothian 1 1 1
E. Glencairn 25 1 26
E. Eglintoune 39 4 35 1 36
E. Moray 34 3 31 1 32
E. Strathmore 31 1 30 1 31
E. Kellie 35 4 31 1 32
E. Galloway 33 3 30 1 31
E. Lauderdale 34 1 33 1 34
E. Dumfries 34 34 1 35
E. Elgin 38 4 34 1 35
E. Selkirk 33 1 32 1 33
E. Balcarres 37 4 33 1 34
E. Breadalbane 34 1 33 33
E. Aberdeen 28 28 1 29
E. Marchmont 1 1
E. Stair 33 3 30 2 32
E. Glasgow 37 4 33 1 34
E. Hopetoun 33 2 31 31
V. Stormont 42 1 41 2 43
L. Saltoun 19 19 19
L. Gray 30 1 29 29
L. Cathcart 36 3 33 1 34
L. Sempill 18 18 18
L. Elphinstone 36 4 32 1 33
L. Somerville 33 3 30 1 31
L. Torphichen 34 3 31 1 32
L. Cranstoun 30 30 30
L. Napier 33 3 30 1 31
L. Elibank 31 1 30 1 31
L. Kinnaird 32 1 31 31

Report agreed to:

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

Clerk of the Crown to attend with Original Return.

Ordered, That the Clerk of the Crown in Chancery do attend this House on Monday next, at Eleven o'clock with the original Return of the Names of the Sixteen Peers, who according to the Act in that Case made and provided, are chosen, summoned and certified to be Members of the House of Lords for and on Behalf of that Part of Great Britian called Scotland, in Order to amend the said Return, pursuant to the Report made this Day from the Lords Committees, and agreed to by the House.

East India Government Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act for continuing in the East India Company for a further Term, the Possession of the British Territories in India, together with their exclusive Trade under certain Limitations; for establishing further Regulations for the Government of the said Territories, and the better Administration of Justice within the same; for appropriating to certain Uses the Revenues and Profits of the said Company; and for making Provision for the good Order and Government of the Towns of Calcutta, Madras, and Bombay;" and for the Lords to be summoned:

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

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

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

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

Lords summoned.

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

Ordered, That the said Order be discharged.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday the 14th Day of this instant June.

Figs, Duties and Drawbacks, &c. Bill.

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

With a Bill, intituled, "An Act for repealing the Duties and Drawbacks on Figs, and for granting and allowing other Duties and Drawbacks in Lieu thereof; for charging a Duty on the Importation, and allowing a Drawback on the Exportation of Virginal Wire of Copper; for empowering the Commissioners of the Customs to authorize their Officers to make Allowance for Damages received by Goods during the Voyage; and for authorizing the Commissioners of the Customs and Excise to sell Vessels liable to be broken up, to private Persons to be used as Privateers;" to which they desire the Concurrence of this House.

Southern Whale Fishery Premium Bill.

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

With a Bill, intituled, "An Act to allow Ships carrying on the Southern Whale Fishery to the North of the Equator, the same Premium as they are now entitled to if they do not pass the Equator;" to which they desire the Concurrence of this House.

Trevaunance Harbour Bill.

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

With a Bill, intituled, "An Act for erecting and making a Pier and Harbour in the Cove of Trevaunance, in the Parish of Saint Agnes, in the County of Cornwall;" to which they desire the Concurrence of this House.

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

Lickbarrow and Wright against Mason et al., in Error.

Ordered, That the further Consideration of the Cause wherein William Nowell Lickbarrow and Ralph Wright are Plaintiffs, and Edward Mason and others are Defendants, which stands appointed for this Day, be put off to Monday next.

The King against Amery, in Error,

Ordered, That the further Consideration of the Petition of the Relator, in the Cause between the King against Amery, which stands appointed for this Day, be put off to Monday next.

Adjourn.

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

DIE Lunæ, 10o Junii 1793.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Bangor.
Epus. Meneven.
Epus. Exon.
Dux Clarence.
Dux Gloucester.
Dux Loughborough, Cancellarius.
March. Stafford, C. P. S.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Bedford.
Dux Devonshire.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Derby.
Comes Essex.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Poulett.
Comes Lauderdale.
Comes Dumfries.
Comes Ferrers.
Comes Dartmouth.
Comes Aylesford.
Comes Stanhope.
Comes Macclesfield.
Comes Graham.
Comes Brooke & Warwick.
Comes Powis.
Comes Hertford.
Comes Guilford.
Comes Spencer.
Comes Mount Edgcumbe.
Comes Digby.
Comes Dorchester.
Comes Mansfield, Middlesex.
Viscount Hereford.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Hampden.
Viscount Sydney.
Ds. Grenville, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Cathcart.
Ds. Hay.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Ponsonby.
Ds. Walpole.
Ds. Boston.
Ds. Hawke.
Ds. Amherst.
Ds. Brownlow.
Ds. Thurlow.
Ds. Dynevor.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Grantley.
Ds. Carteret.
Ds. Grey de Wilton.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Douglas of Douglas.
Ds. Douglas of Lochleven.

PRAYERS.

W. Hastings' Petition.

Upon reading the Petition of Warren Hastings, setting forth, "That the Petitioner has been informed, with equal Surprize and Concern, that a Message has been presented to Their Lordships' House, desiring further Time beyond the Day already appointed for the Reply to the Defence made by the Petitioner to the Impeachment now depending against him. That the Petitioner cannot but regard the further Adjournment now required on the Part of his Prosecutors, as derogatory to those Rights which belong to him in common with every Subject of this Realm, as peculiarly injurious in this late Stage of his long depending Trial, as warranted by no one Precedent or Example to be found in the Records of Parliament, by no Analogy to be drawn from the Proceedings in other Courts of criminal Judicature, nor by any Grounds of Reason or Justice, applicable to the Case now before Their Lordships. That the Petitioner humbly conceives that the Time first allotted by Their Lordships was fully adequate to every Purpose of just and reasonable Preparation, supposing, what the Petitioner is bound to believe, a due and proper Attention to have been given by the Managers appointed by the House of Commons to the Conduct of their own Prosecution, and fit and becoming Diligence to have been employed in order to have been in a Condition to reply at the Time appointed. Eight Years have now elapsed since the Accusation was first preferred against the Petitioner, and it is now the sixth Year since the Commencement of the present Trial. The Petitioner therefore apprehends he may be permitted to observe, that in a Case where so much of his Life has been already consumed in a Court of criminal Justice, and so little remains according to every reasonable probability, each unnecessary Moment of Delay produces a deep, and perhaps an irremediable Injury; and instead of receiving any Palliative from the peculiar Circumstances of the Case, is on the contrary aggravated by them in the highest Degree. After eight Years of depending Accusation, and six Years of continued Trial, the Petitioner humbly apprehends, that on a general View of the Subject, it can scarcely be supposed that those who originally framed the Articles of Accusation, and have since conducted the Trial, can be otherwise than intimately acquainted with all the Transactions which form the Substance of it; and however much the slow Progress of the Enquiry may have operated to the Prejudice of the Petitioner, it must at least have contributed, by a gradual Developement of the Case, to render every Part of it more distinctly and thoroughly understood, and consequently the Prosecutors better prepared to reply than could have hap pened under different Circumstances. But the Petitioner further begs Leave to represent, that besides the Reasons which operate against further Delay in the present Stage of a Trial of such unparalleled Duration, the Nature of the Evidence furnishes additional Objections; the great Bulk of the written Testimony being drawn from Sources equally accessible to both Parties, namely, the Records of the East India Company, and consequently those Parts on which the Petitioner relies for his Defence, having been equally known to the Honourable Managers before they were produced in Evidence by the Petitioner, with those Parts on which the Managers have relied in support of the Prosecution. The Petitioner ventures to affirm, and for the Truth of the Assertion he appeals to Their Lordships Proceedings, that the written Evidence produced from his own exclusive Custody is confined within a very small Compass, and occupies but a very few Pages of Their Lordships' printed Minutes; that the Evidence of many, if not of most of the Witnesses called on the Part of the Petitioner, was in a great Measure known to the Honourable Managers several Years ago, some of them having been examined at the Bar of the House of Commons before the Articles of Impeachment were exhibited against the Petitioner, many by their own Committee; and the Depositions of others of them relative to the Matters concerning which they have been since orally examined at Their Lordships Bar, having been long since printed, and given in Evidence by the Managers themselves in the Course of the Trial. That the Petitioner begs Leave to state, that the Evidence given in Support of the Defence, however extensive it may be at the present Moment, was not brought forward, nor delivered, at one Time, and in one Mass; but in distinct and different Parts; and encreased by gradual Accumulation, to its present State; and the Petitioner, therefore, submits, that the Managers, in this respect, have had a very considerable Portion of Time to examine such Evidence. That, in particular, the Evidence relating to the first Article of Charge adduced by the Petitioner was printed and delivered on the 11th of June, in the Year 1792; that given on the second Article was, in like manner, printed and delivered, Part on the 12th of April, Part on the 18th of the same Month, and Part on the 6th of May, in the present Year; and all the Testimony on the remaining Charges having been delivered by the Seventh of June last, the Petitioner feels himself utterly at a Loss to comprehend with what Colour of Right the Prosecutors, who have been for so long a Time in possession of so great a Part of the Evidence, particularly after a Lapse of twelve Days of allowed Preparation for Reply, since the final Close of the Petitioner's Defence, can yet claim further Time for the Purpose of such Preparation; since it appears from the preceding Statement, that the Evidence on the Defence of the first Article has been in their Hands a complete Twelve month, and the rest will have been in their Possession, according to the most probable Computation, when they shall come to Reply to it, upwards of Twenty Days; which is a Term exceeding the Duration of any one Criminal Trial of this Kingdom of allowed Legality, even in its whole Process. That the Petitioner further begs leave to represent, that he has himself been constantly ready and attendant upon the Trial during the whole of the Progress, nor has he ever, in a single Instance, solicited a Moment's Delay; that he has, on the contrary, alone, and without the Aid of any co-operating Application on the Part of his Prosecutors, presented his humble, but repeated Petitions for its Acceleration; and under these Circumstances he had taught himself confidently to expect, that an Address of an opposite Nature could not possibly have been preferred on the Part of the Prosecution. That the Petitioner feels this Application the more peculiarly injurious to him, as, in order to expedite the Close of the Trial, he has waived his Right to the Observations of his Counsel in summing up the Evidence upon the sixth Part of the seventh and the fourteenth Articles of the Impeachment, and both the opening and the summing up on the Charge of Contracts; and this under the declared Expectation, which he trusts was not unreasonable, that the Reply would be thereby closed in the Course of the present Session. If, however, contrary to the Usage and Practice which have obtained in every former instance of Parliamentary Impeachment, and in repugnance to what the Petitioner conceives to be the established Principle of Criminal Jurisprudence, the Managers of the present Charges shall continue to require further Time for the Purpose of their Reply, and shall persist in deeming the several long and unexampled Intervals of Preparation, which the Petitioner has stated, still insufficient to enable them fitly to execute the Remainder of that Duty which may be expected at their Hands; and Their Lordships, in Deference to the urgency of such Representations, shall, contrary to the earnest Solicitations of the Petitioner, incline to grant them a further Portion of Time for this Purpose, the Petitioner hopes that in any Event such Indulgence may be limited to a very early Day, and that the Managers may then be required to proceed with uninterrupted Dispatch during a Course of daily and continued Sittings till the Reply upon all the Subjects of this Impeachment shall be fully and finally concluded in the Course of the present Session of Parliament."

It is Ordered That the said Petition do lie on the Table.

Consolidated Fund Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money out of the Consolidated Fund; for applying a certain Sum of Money therein mentioned, for the Service of the Year One thousand seven hundred and ninety-three; and for further appropriating the Supplies granted in this Session of Parliament;" to which they desire the Concurrence of this House.

Tobacco Bill.

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

With a Bill, intituled, "An Act for the better Regulation of warehoused Tobacco; and for permitting certain Tobacco of the Spanish Dominions to be admitted to Entry on the Payment of the British Plantation Duty;" to which they desire the Concurrence of this House.

Minories Paving Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the Eleventh Year of the Reign of His present Majesty, for the better paving, cleansing, lighting, and watching Haydon Square, the New Square, Haydon Yard, Sheepy Yard, Church Street, Little Church Street, otherwise the Church Passage, Church Court, and Kenton Street, and the Passages therein or leading thereto, in the Parish of Trinity, otherwise Holy Trinity in the Minories, in the County of Middlesex, within the Liberty of His Majesty's Tower of London; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Ships Preservation, &c. Bill.

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

With a Bill, intituled, "An Act for better preventing Offences in obstructing, destroying, or damaging Ships or other Vessels, and in obstructing Seamen, Keelmen, Casters, and Ship Carpenters, from pursuing their lawful Occupations;" to which they desire the Concurrence of this House.

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

Ordered, That the last-mentioned Bill be printed.

Chelmsford Navigation Bill.

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

With a Bill, intituled, "An Act for making and maintaining a Navigable Communication between the Town of Chelmsford, or some Part of the Parish of Springfield, in the County of Essex, and a Place called Collier's Reach, in or near the River Blackwater, in the said County;" to which they desire the Concurrence of this House.

Thornborough Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Common Fields, and a certain Moor or Common called Thornborough Moor, within the Parish of West Tanfield, in the North Riding of the County of York;" to which they desire the Concurrence of this House.

Walcot Paving, &c. Bill.

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

With a Bill, intituled, "An Act for paving, cleansing, lighting, watching, and regulating the Streets, Squares, Lanes, Ways, Passages, and public Places within such Part of the Parish of Walcot, in the County of Somerset, as are not within the Circuit, Precinct, and Jurisdiction of the City of Bath, in the same County; and for removing and preventing Nuisances, Annoyances, Encroachments, and Obstructions; and for establishing a proper and effective Police therein, and for licensing and regulating Hackney Coaches, Chairs, Porters, Basket Men, and Basket Women, within the said City of Bath, and a certain Distance thereof;" to which they desire the Concurrence of this House.

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

Valle's Naturalization Bill.

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

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

Duchy of Cornwall Leases Bill.

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

With a Bill, intituled, "An Act to enable His Royal Highness George Prince of Wales, to make Leases, Copies, and Grants of Offices, Lands and Hereditaments, Parcel of His said Royal Highness's Duchy of Cornwall, or annexed to the same; and for the other Purposes therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to defer Hastings' Trial:

A Message was brought from the House of Commons, by the Earl Carysfort and others, as follows; (videlicet)

My Lords,

"We are commanded by the Commons to acquaint your Lordships, That the Members of the House of Commons, who are appointed to manage the Impeachment against Warren Hastings Esquire, will be unable to proceed on Monday the 10th Day of June, in their Reply to the Defence of the said Warren Hastings Esquire; and that therefore the Commons desire, That your Lordships will allow further Time for that Purpose."

And then they withdrew.

The Messengers were again called in, and acquainted, That this House will send an Answer by Messengers of their own."

Moved, "That this House do proceed further in the Trial of Warren Hastings Esquire, on Wednesday next."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

Trial put off to next Session.

Then it was moved, "That this House do proceed further in the Trial of Warren Hastings Esquire, on the Second Tuesday in the next Session of Parliament, at Ten o'Clock in Westminster Hall."

The same was agreed to, and ordered accordingly.

Message to H. C. to acquaint them therewith.

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

Penge Enclosure Bill, put off for Two Months.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for dividing and enclosing the Common or Parcel of Waste Ground called Penge Common, lying within the Hamlet of Penge, in the County of Surrey;" and for hearing Counsel for and against the same:

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on this Day two Months.

Dudley Canal Bill, Motion to print Evidence negatived.

It was moved, "That the Evidence taken before the Committee, to whom the Bill, intituled, "An Act for making and maintaining a Navigable Canal from the Dudley Canal, in the County of Worcester, to the Worcester and Birmingham Canal, now making at or near Selly Oak, in the said County, and also certain collateral Cuts to communicate therewith;" stands committed, be printed."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

Slave Trade, &c. Consideration put off to next Session.

The Order of the Day being read for taking into further Consideration the present State of the Trade to Africa, and particularly the Trade in Slaves; and also for taking into Consideration the Nature, Extent and Importance of the Sugar, Coffee, and Cotton Trades; and the general State and Condition of the West India Islands, and the Means of improving the same; and for the Lords to be summoned; and for the Agents of the several Petitioners to be heard by their Counsel at the Bar of the House in Support of their said Petitions against the Abolition of the Slave Trade:

Ordered, That the said Order be discharged.

Ordered, That this House do proceed to take into further Consideration the present State of the said Trade to Africa, and particularly the Trade in Slaves; and also the Nature, Extent and Importance of the Sugar, Coffee, and Cotton Trades; and the general State and Condition of the West India Islands, and the Means of improving the same, on the Second Wednesday in the next Session of Parliament.

Return of Sixteen Peers for Scotland amended.

The Order of the Day being read for the Clerk of the Crown in Chancery, to attend this House with the original Return of the Names of the Sixteen Peers who according to the Act in that Case made and provided, are chosen, summoned, and certified to be Members of the House of Lords, for and on Behalf of that Part of Great Britain called Scotland, in order to amend the said Return:

And the Deputy Clerk of the Crown attending accordingly;

Ordered, That the said Return be amended as follows:

After ("Elgin") insert ("Selkirk")

After ("Breadalbane") insert ("Stair")

Leave out ("Thirteen") and insert ("Fifteen")

After ("Votes for") insert ("the Marquis of Tweeddale and")

After ("Earls of") insert ("Strathmore")

Leave out ("Selkirk, Stair")

After ("Sommervill") leave out ("and")

After ("Napier") insert ("Elibank and Kinnaird")"

Bath Roads Bill.

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

With a Bill, intituled, "An Act for amending, improving, and keeping in Repair several Roads leading to and from the City of Bath;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Constable, &c. Fines Bill.

The Lord Bishop of Bangor (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace Officers for Neglect of Duty, and on Masters of Apprentices for ill Usage of such their Apprentices; and also to make Provision for the Execution of Warrants of Distress granted by Magistrates."

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

Pr. 1. L. 4. Leave out ("Peace")

Pr. 3. L. 13. After ("him") insert ("or her")

L. 27. After ("Riding") insert ("or"); and in the same Line, leave out from ("Division") to ("such") in Line 29. and insert ("within which")

Pr. 5. L. 1. Leave out ("Certificate") and insert ("Endorsement"); and in the same Line, leave out from ("levied") to ("by") in Line 4.

L. 9. After ("Place") insert ("by the Constable or other Peace Officer duly appointed to serve for the same respectively")

In the Title of the Bill,

L. 3. After ("Peace") insert ("or Parish")"

And the first, second, and third Amendments, being read a Second Time, were agreed to by the House.

The fourth Amendment again read; and it being proposed to leave out from the Word ("Endorsement") to the End of the Amendment;

The same was agreed to, and ordered accordingly.

The fifth Amendment again read; and it being proposed to disagree with the Committee in the said Amendment;

The same was agreed to, and ordered accordingly.

The last Amendment again read, and agreed to.

Patentees Rights Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for securing the Rights of Patentees, in certain Cases, from the Encroachments of Foreigners:"

Ordered, That the said Order be discharged.

Ordered, That the House be put into a Committee upon the said Bill, on this Day three Months.

Trevaunance Harbour Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for erecting and making a Pier and Harbour in the Cove of Trevaunance, in the Parish of Saint Agnes, in the County of Cornwall."

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

Ld. Privy Seal.
Ld. Steward.
D. Leeds.
D. Portland.
D. Bridgewater.
M. Townshend.
E. Derby.
E. Coventry.
E. Poulett.
E. Lauderdale.
E. Dartmouth.
E. Aylesford.
E. Stanhope.
E. Macclesfield.
E. Graham.
E. Brooke and Warwick.
E. Guildford.
E. Spencer.
E. Mount Edgcumbe.
E. Digby.
V. Hereford.
V. Wentworth.
V. Sydney.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Bangor.
L. Bp. St. David's.
L. Bp. Exeter.
L. Grenville.
L. Willoughby Br.
L. Cathcart.
L. Hay.
L. King.
L. Chedworth.
L. Sandys.
L. Walpole.
L. Boston.
L. Hawke.
L. Amherst.
L. Brownlow.
L. Thurlow.
L. Walsingham.
L. Porchester.
L. Sommers.
L. Hawkesbury.
L. Douglas of Lochleven.

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

Seven Oaks, &c. Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of An Act, passed in the Tenth Year of the Reign of His present Majesty, intituled, "An Act for continuing, amending, and rendering more effectual so much of Three Acts of Parliament, for repairing the Roads from Seven Oaks, Tunbridge Wells, and Kipping's Cross, to Lamberhurst Pound and Pullen's Hill in the County of Sussex, as relates to the Road leading from Seven Oaks' Common to Woodsgate, Tunbridge Wells, and Kipping's Cross, in the said County of Kent; and for amending, widening, and keeping in Repair the Road from Tunbridge Wells to Woodsgate aforesaid."

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Figs, Duties and Drawbacks, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repealing the Duties and Drawbacks on Figs, and for granting and allowing other Duties and Drawbacks in in Lieu thereof; for charging a Duty on the Importation, and allowing a Drawback on the Exportation of Virginal Wire of Copper; for empowering the Commissioners of the Customs to authorize their Officers to make Allowance for Damages received by Goods during the Voyage; and for authorizing the Commissioners of the Customs and Excise to sell Vessels, liable to be broken up, to private Persons, to be used as Privateers."

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

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

Southern Whale Fishery Premium Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to allow to Ships carrying on the Southern Whale Fishery to the North of the Equator, the same Premium as they are now entitled to, if they do not pass the Equator."

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

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

Anglesey Copper Mines Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend an Act made in the Twenty-sixth Year of the Reign of His present Majesty, intituled, "An Act for allowing a Drawback of the Duties upon Coals used in smelting Copper and Lead Ores, and in Fire Engines for draining Water out of the Copper and Lead Mines within the Isle of Anglesey."

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

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

Lottery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money, to be raised by a Lottery."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Post-Horse Duty Farming Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for further continuing for a limited Time, an Act made in the Twenty-seventh Year of the Reign of His present Majesty, intituled, "An Act to enable the Lord High Treasurer, or Commissioners of the Treasury for the Time being, to let to farm the Duties granted by an Act, made in the Twenty-fifth Year of His present Majesty's Reign, on Horses let to hire for travelling Post, and by Time, to such Persons as should be willing to contract for the same."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Corn Regulation Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act made in the Thirtyfirst Year of the Reign of His present Majesty, intituled, "An Act for regulating the Importation and Exportation of Corn, and the Payment of the Duty on Foreign Corn imported, and of the Bounty on British Corn exported."

After some Time, the House was resumed:

And the Lord Cathcart reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Cameron and McLean against Cameron.

Upon reading the Petition and Appeal of Mrs. Helen Cameron, Daughter of the deceased John Cameron, of Callart, and Wife of Ensign Colin McLean, of the late 74th Regiment of Foot, and the said Colin McLean for his Interest; complaining of two Interlocutors of the Lords of Session in Scotland of the 1st and 19th of February 1793; and also of an Interlocutor of the Lord Ordinary there, of the 1st of June 1793; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem meet; and that Ewan Cameron, of Fassifern, Purchaser of the annexed Estate of Callart, Party in the Cause, may be required to answer the said Appeal:"

It is Ordered, That the said Ewan Cameron may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 8th Day of July next; and Service of this Order upon the said Respondent, or upon any of his known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Alyett against Bennett, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error wherein William Aylett is Plaintiff, and Nathaniel Bennett the Younger is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Lickbarrow and Wright against Mason et al., in Error:

Ordered, That the further Consideration of the Cause wherein William Nowell Lickbarrow and Ralph Wright are Plaintiffs, and Edward Mason, and others, are Defendants, which stands appointed for this Day, be put off till To-morrow.

The King against Amery in Error.

Ordered, That the further Consideration of the Petition of the Relator, in the Cause between the King against Amery, which stands appointed for this Day, be put off till To-morrow.

Adjourn.

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