Pages 179-182
Journal of the House of Lords Volume 38, 1787-1790. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
In this section
May 1788 11-20
DIE Martis, 20o Maii 1788.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
East India Company against Tod, in Error:
The Order of the Day being read for the Judges to deliver their Opinions upon the Questions of Law put to them on Friday the 2d of this Instant May, upon the re-hearing of the Errors argued, assigned upon the Writ of Error, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant:
Judges Opinion delivered:
The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges upon the said Questions as follows:
Upon the First Question, "That by the Charter Party the Defendant in Error was not liable to make Satisfaction to the Plaintiffs in Error for Damage done to Goods on board the Ship by Storms, in the Voyage therein mentioned."
And with respect to the Second and Third Questions propounded to them, they submitted to the House, whether as the Answer to the said First Question led to an Affirmance of the said Judgement upon the Merits, it was necessary for them to answer the same.
Whereupon, The following Order and Judgement was made:
Judgement.
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 the 15th Day of May 1787, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant; and Counsel having been heard as well on Friday the 1st as Wednesday the 4th of February last, to argue the Errors assigned upon the said Writ of Error, and a Question of Law having been put to the Judges, which they desiring Time to answer, the further Consideration of the Cause, and for the Judges to deliver their Opinions upon the said Question, was adjourned to Friday the 8th of February following; and the Order of the Day being read for the further Consideration of this Cause, the Lord Chancellor informed the House, "That several of the Judges being unable to attend at the Hearing, and a Majority of those who did attend differing in Opinion from a solemn Judgement of the Court of King's Bench upon a general Rule of Construction of Deeds involved in the Question propounded to them by the House in this Cause:"
It was Ordered, That this Cause be re-heard by Counsel at the Bar; and that all the Judges of England do then attend; and the Order of the Day being read for re-hearing Counsel to argue the Errors assigned upon the said Writ of Error; and Counsel having been heard as well on Monday the 28th of April last, as Friday the 2d of this Instant May, to argue the said Errors upon the said Re-hearing; and the unanimous Opinion of all the Judges of England having been delivered upon the Questions of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause:
Judgement Affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Judgement of the Court of King's Bench be and the same is hereby affirmed; and that the Record be remitted to the End such Proceeding may be had thereupon as if no such Writ of Error had been brought into this House.
The Tenor of which Judgement to be affixed to the Transcript of the Record is as follows; (videlicet)
On which Day before our said 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 United Company of Merchants by their Attorney aforesaid, as also the said James Tod in his proper Person; 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 recited and contained in the said Bill of Exceptions, as also the Matters aforesaid above assigned for Error by the said United Company of Merchants, being diligently examined, and mature Deliberation being thereupon had; it appears to the said Court of Parliament now here, that there is no Error either in the Record or Proceedings aforesaid, or in the giving of the Judgement aforesaid; and that the Record is in no wise vitious or defective; therefore it is considered by the same Court of Parliament aforesaid, that the Judgement aforesaid given in the Court of Our said Lord the King before the King himself, be in all Things affirmed and in full Force and Effect, the said Causes and Matters above assigned for Error by the said United Company of Merchants in anywise notwithstanding; and thereupon the aforesaid Record, and also the Proceedings aforesaid had in the said Court of Parliament, are sent back to the Court of our said Lord the King, before the King himself, wheresoever he shall be in England, to the End that Execution may be done thereupon.
Southern Whale Fishery Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending an Act made in the Twenty-sixth Year of His present Majesty's Reign, for the Encouragement of the Southern Whale Fishery, and for making further Provisions for that Purpose."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Eames and Mr. Walker:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Long Sutton Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Marsh, Common Fen, and Waste Grounds in the Parish of Long Sutton, otherwise Sutton-in-Holland in the County of Lincoln."
Grassington Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Stinted Pastures, called Old Pasture, New Pasture, Botton, and Losgill Bank, in the Township of Grassington in the County of York."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Guerry for a Naturalization Bill:
Upon reading the Petition of the Reverend Lewis Guerry Clerk; praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill presented.
Accordingly, The Lord Chedworth presented to the House a Bill, intituled, "An Act for naturalizing the Reverend Lewis Guerry."
The said Bill was read the First Time.
Strathallen Claim of Peerage, Order for Committee to meet, discharged.
Upon reading the Petition of Andrew John Drummond Esquire; setting forth, "That in the Matter of the Petitioner's Claim to the Title and Dignity of Viscount of Strathallen, their Lordships by several Orders made in the Course of the present Session, directed the same to be heard before the Lords Committees for Privileges, and by their last Order the Lords Committees were directed to meet on Friday the 23d of May Instant, and the Judges were ordered to attend; that the Petioner's Counsel and the Witnesses who were attending to prove his Pedigree, having been obliged during the late Recess to return to Scotland, the Petitioner is obliged to ask that the Matter may be postponed till the next Session of Parliament;" and therefore praying, "That their Lordships will be pleased to discharge the said Order for the Lords Committees meeting on the 23d Instant:"
It is Ordered, That the said Order be discharged as desired.
Twiss's Divorce Bill.
Ordered, That William Hornby Esquire, late Governor General of Bombay, William Money Esquire, George Smith Esquire, and Mr. Thomas Webb Man-midwife, do attend this House on Friday next, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Jonathan Twiss Esquire with Frances Dorrill his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."
Debtors committed to King's Bench, List of, with Amount of their Debts, delivered.
The House being informed, "That the Marshal of the Court of King's Bench attended:"
He was called in, and delivered at the Bar, pursuant to an Order of the 8th of this Instant May,
"A List of the Names of Persons committed to the Custody of the Marshal for Debt, and discharged between certain Periods; specifying the Names of the Plaintiffs and the Amount of the Debts."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said List do lie on the Table.
Yafforth, &c. Enclosure Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Moor or Common within the several Townships of Yafforth, Thruntoft, Little Langton, and Danby upon Wisk, some or one of them, in the North Riding of the County of York,"
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
Wool Bill.
A Message was brought from the House of Commons, by Mr. Phelips and others:
With a Bill, intituled, "An Act to explain, amend, and reduce into one Act of Parliament, several Laws now in being for preventing the Exportation of Live Sheep, Rams, and Lambs; Wool, Woolfels, Mortlings, Shortlings, Yarn, and Worsted; Cruels, Coverlids, Waddings, and other Manufactures or pretended Manufactures made of Wool slightly wrought up, or otherwise put together, so as the same may be reduced to and made use of as Wool again; Mattrasses or Beds stuffed with combed Wool or Wool fit for combing; Fullers Earth, Fulling Clay, and Tobacco Pipe Clay, from this Kingdom, and from the Isles of Jersey, Guernsey, Alderney, Sark, and Man, into Foreign Parts; and for rendering more effectual an Act passed in the Twenty-third Year of the Reign of King Henry the Eighth, intituled, "An Act for the winding of Wool;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Brightside Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Duncombe and others:
With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds within the Township of Brightside in the Manor and Parish of Sheffield in the West Riding of the County of York;" to which they desire the Concurrence of this House.
Rotherham Road Bill.
A Message was brought from the House of Commons, by Mr. Duncombe and others:
With a Bill, intituled, "An Act for continuing the Term and altering the Powers of certain Acts of Parliament, so far as the same relate to repairing the Road from Rotherham to the Four Lane Ends near Wortley in the West Riding of the County of York; and for discharging the Trustees from the Care of the Road from the Four Lane Ends aforesaid, to Hartcliffe Hill;" to which they desire the Concurrence of this House.
Shropshire Canal Bill.
A Message was brought from the House of Commons, by Mr. Duncombe and others:
With a Bill, intituled, "An Act for making and maintaining a Navigable Canal from the Canal at Donnington Wood in the County of Salop, to or near a Place called Southall Bank; and from thence by Two several Branches to communicate with the River Severn, one near Coalbrook Dale, and the other near Madeley Wood in the said County; and also certain Collateral Cuts to join such Canal;" to which they desire the Concurrence of this House.
Featherstone Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Duncombe and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, and also a certain Common or Parcel of Waste Ground within the Township of Featherstone in the West Riding of the County of York;" to which they desire the Concurrence of this House.
Frame-work-knitting Bill.
A Message was brought from the House of Commons, by Mr. Parker Coke and others:
With a Bill, intituled, "An Act for the better and more effectual Protection of Stocking Frames, and the Machines or Engines annexed thereto or used therewith; and for the Punishment of Persons destroying or injuring of such Stocking Frames, Machines, or Engines, and the Frame-work-knitted Pieces, Stockings, and other Articles and Goods used and made in the Hosiery or Frame-work-knitted Manufactory, or breaking or destroying any Machinery contained in any Mill or Mills used or any Way employed in preparing or spinning of Wool or Cotton for the Use of the Stocking Frame;" to which they desire the Concurrence of this House.
Thames and Isis Navigation Bill.
A Message was brought from the House of Commons, by Mr. Call and others:
With a Bill, intituled, "An Act to explain, amend, and enlarge the Powers of so much of Two Acts passed in the Eleventh and Fifteenth Years of the Reign of His present Majesty for improving and compleating the Navigation of the Rivers Thames and Isis from the City of London to the Town of Cricklade in the County of Wilts, as relates to the Navigation of the said Rivers from the Boundary of the Jurisdiction of the City of London near Staines in the County of Middlesex, to the said Town of Cricklade;" to which they desire the Concurrence of this House.
Weber's Naturalization Bill.
A Message was brought from the House of Commons, by Mr. Jackson and others:
To return the Bill, intituled, "An Act for naturalizing John Philip Weber;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Exchequer Loans Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty-eight;" to which they desire the Concurrence of this House.
Exchequer further Loans Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty-eight;" to which they desire the Concurrence of this House.
Pawnbrokers Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act to amend and make perpetual an Act passed in the Twenty-seventh Year of the Reign of His present Majesty, intituled, "An Act for further regulating the Trade and Business of Pawnbrokers;" to which they desire the Concurrence of this House.
Expiring Laws Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act to continue several Laws relating to the clandestine running of uncustomed Goods and preventing Frauds relating to the Customs; to the encouraging the Growth of Coffee in His Majesty's Plantations in America; to the further Punishment of Persons going armed or disguised in Defiance of the Laws of Customs or Excise; to the more effectually encouraging the Manufactures of Flax or Cotton in Great Britain; to the allowing the Exportation of certain Quantities of Wheat and other Articles to His Majesty's Sugar Colonies in America; to the permitting the Exportation of Tobacco Pipe Clay from this Kingdom to the British Sugar Colonies or Plantations in the West Indies; to the prohibiting the Exportation of Tools and Utensils made use of in the Iron and Steel Manufactures of this Kingdom, and to prevent the seducing of Artificers and Workmen employed in those Manufactures to go into Parts beyond the Seas; and to the preventing the clandestine Running of Goods, and the Danger of Infection thereby; and to revive and continue several Laws relating to the allowing a Drawback of the Duties on Rum shipped as Stores to be consumed on board Merchant Ships on their Voyages; and to the ascertaining the Strength of Spirits by Clarke's Hydrometer;" to which they desire the Concurrence of this House.
E. Camden's Estate Bill.
The Earl of Radnor reported from the Lords Committees, to whom the Bill, intituled, "An Act for enabling Charles Earl Camden to grant Building Leases of Lands and Premises at Kentish Town, in the County of Middlesex," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Hastings' Trial:
The Order of the Day being read for the Proceeding further in the Trial of Warren Hastings Esquire, upon the Articles of Impeachment brought up against him by the Commons, for High Crimes and Misdemeanors:
The House was adjourned into Westminster Hall, whither the Lords and others went in the same Order as on the 8th of May Instant.
And the Lords being there seated; and the House resumed:
Leave was asked for the Judges to be covered, which was granted.
Then Proclamation was made for Silence; also, Proclamation for the Defendant's Appearance.
Who, coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise.
Then the other Proclamation, for all Persons concerned to come forth, was made.
Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge."
Whereupon, several Papers were read.
And several Witnesses were called in, sworn, and examined.
The House adjourned to the Chamber of Parliament; and being returned:
The House was resumed.
Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, To-morrow Morning at Ten o'Clock in Westminster Hall.
Message to H. C. that this House will proceed in the Trial Tomorrow.
A Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
Doncaster Road Bill.
The Lord Hawke reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of certain Acts of Parliament, so far as the same relate to the Road from Doncaster, through Ferrybridge, to the South Side of Tadcaster Cross in the County of York," 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."
Derby Bridge Bill.
The Lord Hawke made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for re-building the Bridge over the River Derwent, at or near the Town and Borough of Derby; and for improving the Avenues or Approaches thereto," was committed.
Birmingham Road Bill.
The Lord Hawke also made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enlarge the Terms and Powers of Two Acts passed in the Eighteenth Year of the Reign of His late Majesty King George the Second, and the Tenth Year of His present Majesty's Reign, for repairing the Road from Birmingham in the County of Warwick, through Elmdon, to a Lane leading by the End of Stone Bridge in the said County," was committed.
Theatrical Representations Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Tenth Year of the Reign of His late Majesty King George the Second, intituled, "An Act to explain and amend so much of an Act made in the Twelfth Year of the Reign of Queen Anne, intituled, "An Act for reducing the Laws relating to Rogues, Vagabonds, Sturdy Beggars, and Vagrants, into one Act of Parliament; and for the more effectual punishing such Rogues, Vagabonds, Sturdy Beggars, and Vagrants, and sending them whither they ought to be sent," as relates to common Players of Interludes."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill on Friday next.
Northern Light Houses Bill.
A Message was brought from the House of Commons, by Sir Adam Fergusson and others:
With a Bill, intituled, "An Act to render more effectual an Act passed in the Twenty-sixth Year of His present Majesty's Reign, intituled, "An Act for erecting certain Light Houses in the Northern Parts of Great Britain;" to which they desire the Concurrence of this House.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Maii, horâ decimâ Auroræ, Dominis sic decernentibus.