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House of Lords Journal Volume 38: June 1789 11-20

Pages 448-459

Journal of the House of Lords Volume 38, 1787-1790. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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In this section

June 1789 11-20

DIE Jovis, 11o Junii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Asaphen.
Epus. Petriburg.
Epus. Roffen.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Camden, Præses.
Dux Norfolk, Marescallus.
Dux Leeds.
Dux Bridgewater.
March. Townshend.
Comes Suffolk & Berkshire.
Comes Sandwich.
Comes Abingdon.
Comes Coventry.
Comes Morton.
Comes Galloway.
Comes Hopetoun.
Comes Aylesford.
Comes Sussex.
Comes Stanhope.
Comes Macclesfield.
Comes Effingham.
Comes Brooke & Warwick.
Comes Fitzwilliam.
Viscount Stormont.
Viscount Mount Edgcumbe & Valletort.
Ds. Dacre.
Ds. Clifton.
Ds. Craven.
Ds. Hay.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Scarsdale.
Ds. Boston.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Bagot.
Ds. Porchester.
Ds. Rawdon.
Ds. Lovaine.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Kenyon.

PRAYERS.

Dunston Inclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fen and Ings in the Parish of Dunston in the County of Lincoln; and for draining and improving certain Parts thereof, and also certain enclosed Low Lands in the said Parish, and in the Parish of Metheringham, in the said County."

Norton, &c. Drainage Bill.

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

With a Bill, intituled, "An Act for embanking and draining certain Fens and Low Lands in the Parishes of Norton and Potterhanworth, in the County of Lincoln, and in the Parish of Branston, in the County of the City of Lincoln;" to which they desire the Concurrence of this House.

Covent Garden Church Bill.

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

With a Bill, intituled, "An Act to amend and enlarge the Powers of an Act passed in the last Session of Parliament, intituled, "An Act for repairing the Church of the Parish of Saint Paul, Covent Garden, in the County of Middlesex; for repairing and improving the Gates and Avenues leading to the said Church; and for removing the present Watch House, and providing another for the Use of the said Parish;" to which they desire the Concurrence of this House.

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

Poor Relief Bill.

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

With a Bill, intituled, "An Act for the more effectual Relief of the Poor;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Robbins and Parkers' Bill.

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

To return the Bill, intituled, "An Act to enable the Tenants for Life, and other Persons in Possession, or entitled to the Rents of the Estates comprized in certain Indentures of Settlement, one made pursuant to Articles entered into upon the Marriage of Benjamin Parker of Birmingham in the County of Warwick, Gentleman, with Ann his Wife, and the others made pursuant to Articles entered into upon the Marriage of John Robbins of Birmingham aforesaid, Gentleman, with Mary his Wife, to grant Leases, and for other Purposes;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Chelmsford, &c. Paving Bill.

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

With a Bill, intituled, "An Act for paving the Footways of the several Streets, Public Passages, and Places within the Town of Chelmsford and Hamlet of Moulsham, in the Parish of Chelmsford in the County of Essex; and for cleansing, lighting, and watching the said Town and Hamlet; and for removing and preventing Nuisances, Annoyances, and Encroachments therein;" to which they desire the Concurrence of this House.

Shrewsbury Church Bill.

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

With a Bill, intituled, "An Act for re-building the Parish Church of Saint Chad in the Town of Shrewsbury and County of Salop; and for providing a new Cemetery or Burial Ground, and making convenient Avenues and Passages to the said Church and Cemetery;" to which they desire the Concurrence of this House.

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

Lloyd's Bill.

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

To return the Bill, intituled, "An Act to enable the Reverend William Lloyd to complete his Contract with Jacob Bosanquet Esquire, for Sale of Part of his settled Estates, and vesting the remaining Part of the same Estates in Trustees for Sale;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Sir J. Ingilby'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 John Ingilby Baronet, to charge his settled Estates in the County of York in the Manner therein mentioned;" and to acquaint this House, That they have agreed to the a me, without any Amendment.

Hastings' Trial.

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

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

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

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

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

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

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

Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge."

Then Major John Scott was called in and examined, and being asked, "Whether he conceived that if it appeared in a Paper (shewn to the Witness) that Mr. Goring had used oppressive Conduct to the Begum, it would not invalidate the Charge contained in it against Mr. Hastings?"

The Counsel for the Defendant objected to the said Question:

The Managers for the Commons were heard in Answer to the said Objection.

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

The House was resumed.

Proposed to resolve, "That the Question proposed by the Managers for the Commons ought not to be put."

The same was agreed to, and resolved accordingly.

Ordered, That the Managers for the Commons be informed, "That the Lords have resolved that the Question proposed by the Managers for the Commons ought not to be put."

Then it was agreed by the Lords to go down again into Westminster Hall:

But their Lordships understanding that the Commons were returned from the Court-below to their own House.

A Message was sent to the House of Commons, by Mr. Eames and Mr. Montagu:

To acquaint them, "That the Lords will proceed further in the Trial of Warren Hastings Esquire, presently, in Westminster Hall."

Then the House adjourned again into Westminster Hall, whither the Lords and others went in the same Order as before.

And the Lords being seated; and the House resumed:

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

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

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

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

Then the Lord Chancellor said, "Gentlemen Managers for the Commons, and you Gentlemen who are of Counsel for the Defendant;

"The Lords have resolved, That the Question proposed by the Managers for the Commons ought not to be put."

Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge."

Then the Witness was further examined; and several Papers read.

Then the Managers for the Commons offered to give in Evidence an original Persian Letter, transmitted to Mr. Baber by the Begum, a Copy of a Translation of which was sent by him to Mr. Hastings at Calcutta by the Post, and which original Persian Paper, with a Translation thereof, was delivered by Mr. Baber to Major Scott, appointed Agent to Mr. Hastings with certain ample Powers and Instructions; and by Major Scott was delivered to a Select Committee of the House of Commons. The Managers for the Commons stating, "That the said Committee had examined Major Scott relative to the said Paper as Agent to Mr. Hastings, it being in Proof also, that Mr. Hastings had never taken any Steps to procure the Begum to deny the Contents of the said Paper, and had found no Fault with Major Scott for delivering the same in to the said Committee."

The Counsel for the Defendant objected to the said Paper being read; and the Managers being heard in Answer to the Objection:

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

The House was resumed.

Proposed to resolve, "That the Persian Paper, purporting to be a Letter from Munny Begum, and the Translation of the same offered in Evidence by the Managers for the Commons, ought not to be read."

The same was agreed to; and resolved accordingly.

Ordered, That the Managers for the Commons be informed, "That the Lords have resolved that the Persian Paper, purporting to be a Letter from Munny Begum, and the Translation of the same offered in Evidence by the Managers for the Commons, ought not to be read."

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

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

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

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

Nantes Naturalization Bill.

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

Faversham, &c. Paving Bill.

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

To return the Bill, intituled, "An Act for the better paving, repairing, cleansing, lighting, and watching the Highways, Streets, Lanes, and other Public Passages and Places, within the Town and Liberty of Faversham, in the County of Kent, and also certain Places near or adjoining thereto; and for removing and preventing Encroachments, Obstructions, Nuisances, and Annoyances therein;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Bine's Bill.

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

To return the Bill, intituled, "An Act for vesting certain Parts of the Real Estates late of Francis Bine, of the Town and County of the Town of Kingston upon Hull, Merchant, deceased, in Trustees, to sell and convey the same, and for laying out the Money arising by such Sale in the Manner and upon the Trusts therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

St. Pancras Paving Bill.

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

With a Bill, intituled, "An Act for paving, lighting, cleansing, watering, and watching such Streets and other Public Places, within that Part of the Parish of Saint Pancras, in the County of Middlesex, which lies on the North and South Sides of the New Road leading from Paddington to Islington, called Sommers Town, and is now actually leased to Jacob Leroux Esquire, for building upon, or that may be hereafter leased for the like Purpose; and for preventing Nuisances and Obstructions therein;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cromford Canal Bill.

Moved, "That the Order made on Monday last on the Petition of the Company of Proprietors of the Erewash Canal, in the Counties of Derby and Nottingham, for the Petitioners to be heard by their Counsel against the Bill, intituled, "An Act for making and maintaining a Navigable Canal from or from near to Cromford Bridge, in the County of Derby, to join and communicate with the Erewash Canal, at or near Langley Bridge, and also a Collateral Cut from the said intended Canal, at or near Codnor Park Mill, to or near Pinxton Mill, in the said County," at the Second Reading thereof be discharged."

Ordered, That the said Order be discharged.

Highworth Workhouse Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for providing a Workhouse for the Use of the Parish of Highworth, in the County of Wilts; and for appointing an additional Overseer for the better Government of the Poor of the said Parish," stands committed, be revived, and meet on Monday next.

Sibford Ferris Enclosure Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields and other Commonable Lands and Grounds within the Hamlet and Liberties of Sibford Ferris, in the Parish of Swalcliffe, in the County of Oxford," stands committed, be revived, and meet on Monday next.

Adjourn.

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

DIE Veneris, 12o Junii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Bristol.
Epus. Cestrien.
Ds. Thurlow, Cancellarius.
Dux Norfolk, Marescallus.
Dux Chandos, Senescallus.
Dux Richmond.
Comes Sandwich.
Comes Morton.
Comes Galloway.
Comes Hopetoun.
Comes Stanhope.
Comes Bathurst.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Hay.
Ds. Middleton.
Ds. Chedworth.
Ds. Sandys.
Ds. Scarsdale.
Ds. Sundridge.
Ds. Amherst.
Ds. Bagot.
Ds. Dover.

PRAYERS.

Wood against Hamilton et al.

After hearing Counsel further in the Cause, wherein Messieurs John Wood and Company and others are Appellants, and Archibald Hamilton, Merchant in Glasgow, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Cause which stands for Monday next, be put off to Wednesday next; and that the rest of the Causes on Cause Days be removed in Course.

Nocton, &c. Drainage Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for embanking and draining certain Fens and Low Lands in the Parishes of Nocton and Potterhanworth, in the County of Lincoln, and in the Parish of Branston, in the County of the City of Lincoln."

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

D. Norfolk.
Ld. Steward.
D. Richmond.
E. Sandwich.
E. Morton.
E. Galloway.
E. Hopetoun.
E. Stanhope.
E. Bathurst.
L. Bp. Bath & Wells.
L. Bp. Bristol.
L. Bp. Chester.
L. Cathcart.
L. Kinnaird.
L. Hay.
L. Middleton.
L. Chedworth.
L. Sandys.
L. Scarsdale.
L. Sundridge.
L. Amherst.
L. Bagot.
L. Dover.

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.

Dunston Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fen and Ings in the Parish of Dunston, in the County of Lincoln, and for draining and improving certain Parts thereof, and also certain enclosed Low Lands in the said Parish, and in the Parish of Metheringham, in the said County."

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

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

Highland Society Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act for appropriating the Sum of Three thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, to be applied by the Highland Society of Scotland at Edinburgh, to Public Uses in that Part of the Kingdom:"

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

Cockburnspath Bridge Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for applying the Sum of One thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, towards completing and finishing the Bridge over the Pees or Pass of Cockburnspath, in the County of Berwick:"

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

Corn, &c. Regulation Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the Twenty-first Year of the Reign of His present Majesty, intituled, "An Act for further regulating and ascertaining the Importation and Exportation of Corn and Grain, within the several Ports and Places therein mentioned; and for further regulating the Exportation of Starch, and the Importation of Rape Seed;" to which they desire the Concurrence of this House.

Gemsa'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 Christopher Gemsa;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bromley Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Manor or Township of Bramley, in the Parish of Leeds, and County of York;" to which they desire the Concurrence of this House.

Hemmington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open or Common Fields, Meadows, Pastures, and Waste Grounds, within the Manor or Lordship of Hemmington, in the Parish of Lockington, and County of Leicester;" to which they desire the Concurrence of this House.

Thorpe Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing several Open Fields and stinted Pastures, within the Township of Thorpe, in the Parish of Burnsall, in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Southwold Harbour Bill.

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

With a Bill, intituled, "An Act for continuing and making more effectual the Acts of Parliament for opening, cleansing, repairing, and improving the Harbour of Southwold, in the County of Suffolk;" to which they desire the Concurrence of this House.

Osmaston Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing all the Open Fields, Meadows, Commons, and Waste Lands, in the Lordship or Liberties of Osmaston next Derby, in the County of Derby, except only a certain Meadow there called the Moor Meadow, and a certain Commonable Place called Sinsin Moor;" to which they desire the Concurrence of this House.

Arnold Enclosure Bill.

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

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

Arabin's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William John Arabin Esquire, with Henrietta Molyneux his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned:

Counsel were according called in; and Mr. Graham and Mr. Alexander appearing as Counsel for the Bill, and no one appearing as Counsel for Mrs. Arabin, Mr. Graham was heard in Support of the Bill; and to make out the Allegations thereof:

Mr. John Johnson was called in, and being sworn, acquainted the House, "That he served Mr. Bishop, the Proctor for Mrs. Arabin in the Ecclesiastical Court, with a Copy of the Bill, and the Two Orders of the House for the Second Reading of the Bill, and what shall be deemed good Service on Mrs. Arabin."

Then the Witness produced an Office Copy of a Record of the Court of King's Bench of a Judgement given in that Court in Easter Term, 25th of George 3d against Thomas Sutton Esquire, in an Action at the Suit of the said William John Arabin Esquire, for Criminal Conversation with the said Henrietta Arabin, Wife of the said William John Arabin for £100 Damages, besides Costs of Suit: The same was read.

He was directed to withdraw.

Then Henry Arabin Esquire was called in, and being sworn, acquainted the House, "That he was present at the Marriage of William John Arabin Esquire, and Henrietta Molyneux;" and produced a Paper which he said, "Was a Copy of the Register of the Parish Church of Saint Michael Dublin;" the same was read, and is as follows:

"1777 January 23d, William John Arabin of the City of Dublin Esquire, and Henrietta Molyneux (Daughter of the Right Honourable Sir Capel Molyneux Baronet), Spinster, by Licence to Dean Ledwich."

The Witness further acquainted the House, "That there was one Daughter of the said Marriage, and he knew that William and Henrietta Arabin lived together from the Year 1777 to 1782."

He was directed to withdraw.

Then James Sumption was called in, and being sworn, produced the original Definitive Sentence of Divorce of the Court of Delegates against the said Henrietta Arabin, for Adultery committed by her with the said Mr. Sutton, dated 4th May 1789; the same was read.

He was directed to withdraw.

Then Elizabeth Dodson was called in, and being sworn, acquainted the House, "That she lived with Mr. and Mrs. Arabin as Cook about Three Years and an Half from the Year 1779: That she knows Thomas Sutton Esquire of Lincoln's Inn very well; that during that Time he was frequent in his Visits to Mrs. Arabin at Times when Mr. Arabin was absent from Home, at which Times she observed Familiarities between them, such as walking in private Places Arm in Arm, but that more particularly one Sunday in the Year 1781, when Mr. Arabin was on Duty, Mr. Sutton came to the House: That after Dinner Mrs. Arabin and he continued in the Parlour for about an Hour, and then went out to walk together, upon which the Witness with some of the Servants went into the Parlour: That a Servant of Mrs. Molyneux observing something upon the Floor, called to the Witness who was a married Woman, and said, "Look down here, they have been too bad:" That the Window Shutters were half shut, and the Curtains let half-way down, which was usually the Case when Mr. Sutton came there: That the Witness saw something upon the Carpet, which the Servant who called to her rubbed out with his Foot: That the Floor was much powdered, and had several black Pins on it: Being asked, "What it was she saw on the Carpet," she said, "It was very disagreeable to her to mention, it was what must have issued from the Gentleman."

She was directed to withdraw.

Then Thomas Girdler was called in, and being sworn, acquainted the House, "That he lived as Servant with Mr. Arabin Two Years from June 1782: That he knows Mr. Sutton very well:" Being asked, "If he had observed any Intimacy between Mrs. Arabin and Mr. Sutton," he said, "Not in the real Fact; but that once on a particular Time, he saw them both in a Chair through the Key Hole of the Door; that Mr. Sutton had not come in at the House Door, but he had Suspicions from Mrs. Arabin being much powdered that he was there: That Mr. Sutton was upon Mrs. Arabin in the Chair, and he saw Mr. Sutton's Head moving; that the Arm of the Chair prevented his seeing the Body of either of them:" Being asked, "How soon afterwards he mentioned the above Circumstance to Mr. Arabin, whether One, Two, or Three Years after?" said, "He could not exactly tell, but it was upon Mr. Arabin questioning him about it: That the next Day after he saw Mr. Sutton and Mrs Arabin as above, he went into the Room and observed the Chair much powdered, and black Pins lying about the Room."

He was directed to withdraw.

Then Elizabeth Dodson being called in again, acquainted the House, "That it was about Five Years ago since she first acquainted Mr. Arabin with the Circumstances she had given in Evidence, upon his coming to her for that Purpose, and that she never mentioned it to any Body till after she left the Family, except to one Ann Gates."

She was directed to withdraw.

Then Maria Haynes was called in, and being sworn, acquainted the House, "That she lives at Chertsey; that she knew Mr. and Mrs. Arabin and Mr. Sutton very well: That about Five Years ago, in hay-making Time, she saw Mr. Sutton and Mrs. Arabin walking up Mouldsey Common together; that they then went through the Spa to a hollow Place there: That Mrs. Arabin lay down, and Mr. Sutton pulled up her Petticoats; that the Witness was going to the Spa for some Water, and was at this Time behind some Bushes: That she saw Mr. Sutton upon Mrs. Arabin for about Two or Three Minutes, when he got up again, pulled up his Breeches, and wiped his Knees:" Being asked, "When she first mentioned the above Circumstance to Mr. Arabin?" she said, "Upon his coming to ask her about it Four or Five Months after it passed."

She was directed to withdraw.

Then James Bradley was called in, and being sworn, acquainted the House, "That he lived at Upper Mouldsey in 1782, and knows Mr. and Mrs. Arabin and Mr. Sutton: That he saw Mr. Sutton and Mrs. Arabin down in Mr. Littlehales's Shrubbery; that she was on her Back, and Mr. Sutton upon her; that the Witness was about Ten or Twelve Yards from them, and it was in the Middle of the Day; that Mrs. Arabin's Cloaths were up; that he saw them get up again, and saw Mr. Sutton pull up his Breeches, and wipe his Knees."

He was directed to withdraw.

Then Elizabeth Eggleston was called in, and being sworn, acquainted the House, "That she knows Mrs. Arabin and a Mr. St. George; that she went with them from England to Boulogne, and from Boulogne to Paris in the Year 1787, where the Witness staid with them Five Months; that Mrs. Arabin had no other Female Attendant but the Witness; that she, the Witness, returned to England, and they went to Italy in the same Carriage; that when they were at Paris they lodged in the same House:" Being asked, "Whether in the same Room?" she said, "No, by no Means."

She was directed to withdraw.

The Counsel were directed to withdraw.

Then the said Bill was read a Second Time.

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

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

Adjourn.

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

DIE Lunæ, 15o Junii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bristol. Ds. Thurlow, Cancellarius.
Comes Sandwich.
Comes Morton.
Comes Breadalbane.
Comes Hopetoun.
Comes Stanhope.
Comes Bathurst.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Hay.
Ds. Sandys.
Ds. Sundridge.
Ds. Amherst.
Ds. Sommers.

PRAYERS.

Cuming against Donaldson.

The Answer of James Donaldson of Kinnairdy, to the Appeal of Mrs. Jean Cuming, residing in Banff, was this Day brought in.

Wood et al. against Hamilton:

After hearing Counsel as well on Monday the 8th Day of this Instant June as Friday the 12th and this Day, upon the Petition and Appeal of Messieurs John Wood and Company, Ship-builders in Port Glasgow, Messieurs Brown and Company of the Saltcoate Rope Walk, Alexander Macmillan, Wright in Port Glasgow, John Ritchie, Smith there, and Messieurs Dunlop King junior and Company of Port Glasgow; complaining of Four Interlocutors of the Lords of Session in Scotland, of the 19th of June and 12th of December 1787, the 29th of July 1788, and 24th of February 1789; and praying, "That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Archibald Hamilton, Merchant in Glasgow, Trustee upon the sequestrated Estate of James and Patrick Hunter and Company, Merchants in Port Glasgow, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House; and that the said several Interlocutors therein complained of be and the same are hereby affirmed.

Corn, &c. Regulation Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Twenty-first Year of the Reign of His present Majesty, intituled, "An Act for further regulating and ascertaining the Importation and Exportation of Corn and Grain within the several Ports and Places therein mentioned; and for further regulating the Exportation of Starch, and the Importation of Rape Seed."

Bramley Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds within the Manor and Township of Bramley, in the Parish of Leeds and County of York."

Hemmington Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open or Common Fields, Meadows, Pastures, and Waste Grounds, within the Manor or Lordship of Hemmington, in the Parish of Lockington, and County of Leicester."

Nocton, &c. Drainage Bill, King's Consent signified.

The Lord Chancellor acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for embanking and draining certain Fens and Low Lands in the Parishes of Nocton and Potterhanworth in the County of Lincoln, and in the Parish of Branston, in the County of the City of Lincoln," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Thorpe Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields and Stinted Pastures within the Township of Thorpe, in the Parish of Burnsall, in the West Riding of the County of York."

Southwold Harbour Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for continuing and making more effectual the Acts of Parliament for opening, cleansing, repairing, and improving the Harbour of Southwold, in the County of Suffolk."

Osmaston Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing all the Open Fields, Meadows, Commons, and Waste Lands in the Lordship or Liberties of Osmaston next Derby, in the County of Derby, except only a certain Meadow there, called the Moor Meadow, and a certain Commonable Place called Sinfin Moor."

Arnold Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Forest, Commons, and Waste Lands, within the Parish of Arnold in the County of Nottingham."

Bath Streets Bill.

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

With a Bill, intituled, "An Act for protecting and securing the Hot Baths and Springs within the City of Bath from Injury by Encroachments and Annoyances; for enlarging or re-building the present Pump Rooms there; for widening certain Streets, Lanes, and Public Passages; and for making certain new Streets and Passages, to render the Approaches to the said Hot Baths, Springs, and Pump Rooms more safe and commodious;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Baron de Robeck for a Naturalization Bill:

Upon reading the Petition of John Henry Fock, called Baron de Robeck; praying Leave to bring in a Bill for his Naturalization:

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

Bill presented.

Accordingly, The Earl of Hopetoun presented to the House a Bill, intituled, "An Act for naturalizing John Henry Fock, called Baron de Robeck."

The said Bill was read the First Time.

Covent Garden Church Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend and enlarge the Powers of an Act passed in the last Session of Parliament, intituled, "An Act for repairing the Church of the Parish of Saint Paul, Covent Garden, in the County of Middlesex; for repairing and improving the Gates and Avenues leading to the said Church; and for removing the present Watch House, and providing another for the Use of the said Parish."

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

E. Sandwich.
E. Morton.
E. Breadalbane.
E. Hopetoun.
E. Stanhope.
E. Bathurst.
L. Bp. Bristol. L. Cathcart.
L. Kinnaird.
L. Hay.
L. Sandys.
L. Sundridge.
L. Amherst.
L. Sommers.

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.

St. Pancras Paving Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for paving, lighting, cleansing, watering, and watching, such Streets, and other Public Places, within that Part of the Parish of Saint Pancras, in the County of Middlesex, which lies on the North and South Sides of the New Road leading from Paddington to Islington, called Sommers Town, and is now actually leased to Jacob Leroux Esquire, for building upon, or that may be hereafter leased for the like Purpose; and for preventing Nuisances and Obstructions therein."

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.

Shrewsbury Church Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of Saint Chad in the Town of Shrewsbury and County of Salop, and for providing a new Cemetery or Burial Ground, and making convenient Avenues and Passages to the said Church and Cemetery."

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

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

Burlton against Glew and Ward:

Upon reading the Petition of Thomas Glew and John Ward, Defendants in a Writ of Error depending in this House, wherein Philip Burlton is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd, with such Costs, as to their Lordships shall seem meet:"

Writ of Error non-pros'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay or cause to be paid to the Defendants in Error the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Baron de Robeck takes the Oaths in order to his Naturalization.

John Henry Fock, called Baron de Robeck, took the Oaths appointed, in order to his Naturalization.

Sir W. Forbes et al. against Sir J. Macpherson.

Upon reading the Petition of Sir William Forbes Baronet, George Skene Esquire, and others, Freeholders of the County of Aberdeen, Appellants in a Cause depending in this House, to which Sir John Macpherson Baronet is Respondent; setting forth, "That the Respondent did not put in his Answer to the Appeal till after a peremptory Order was obtained, and the Cause was set down to be heard ex-parte, and by those Means it stands so on the Paper of Causes, that it may not be heard in Course during the present Session of Parliament, but on a Consideration of the Circumstances and the Nature of the Case, which, as a leading Question, it is of great Consequence to the Freeholders in every County in Scotland to have speedily determined in the last Resort, and to the County of Aberdeen in particular, where so many Qualifications depend on the Judgement their Lordships are now to give; the Appellants humbly hope that a Bye-Day will be appointed for the Hearing, which has been customary in Election Questions; and in the View that their Lordships would grant that Indulgence, the Appellants gave Notice to the Respondent some Weeks ago to be prepared, and their Case is upon the Table;" and therefore praying, "That their Lordships will be pleased to order this Cause to be heard on such early Day as their Lordships think proper:"

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

Highland Society Bill.

The Order of the Day being read for the House to be again put into a Committee upon the Bill, intituled, "An Act for appropriating the Sum of Three thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, to be applied by the Highland Society of Scotland at Edinburgh, to Publick Uses in that Part of the Kingdom."

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

After some Time, the House was resumed:

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

Cockburnspath Bridge Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for applying the Sum of One thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain towards completing and finishing the Bridge over the Pees or Pass of Cockburnspath, in the County of Berwick."

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

Adjourn.

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

DIE Martis, 16o Junii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen. Ds. Thurlow, Cancellarius.
Comes Sandwich.
Comes Stanhope.
Viscount Wentworth.
Viscount Mount Edgcumbe & Valletort.
Ds. Middleton.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Amherst.
Ds. Sydney.
Ds. Kenyon.

PRAYERS.

Highworth Workhouse Bill.

The Lord Sydney reported from the Lords Committees, to whom the Bill, intituled, "An Act for providing a Workhouse for the Use of the Parish of Highworth, in the County of Wilts; and for appointing an additional Overseer for the better Government of the Poor of the said Parish," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

His Majesty's Advocate against Milne, in Error.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein His Majesty's Advocate General for Scotland is Plaintiff, and John Milne is Defendant, which stands appointed for this Day, be put off to Saturday next.

Arabin's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of William John Arabin Esquire, with Henrietta Molyneux his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed:

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

Ordered, That the said Bill be engrossed.

Baron de Robeck's Naturalization Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Henry Fock, called Baron de Robeck."

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

E. Sandwich.
E. Stanhope.
V. Wentworth.
V. Mount Edgcumbe & Valletort.
L. Bp. St. Asaph. L. Middleton.
L. Chedworth.
L. Scarsdale.
L. Amherst.
L. Sydney.
L. Kenyon.

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.

Bramley Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds within the Manor or Township of Bramley, in the Parish of Leeds, and 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 Thursday next, at the usual Time and Place; and to adjourn as they please.

Southwold Harbour Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and making more effectual the Acts of Parliament for opening, cleansing, repairing and improving the Harbour of Southwold, in the County of Suffolk."

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

Their Lordships, or any Five of them, to meet on Thursday the 25th Day of this Instant June, at the usual Time and Place; and to adjourn as they please.

Osmaston Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing all the Open Fields, Meadows, Commons, and Waste Lands, in the Lordship or Liberties of Osmaston next Derby, in the County of Derby; except only a certain Meadow there, called the Moor Meadow, and a certain Commonable Place called Sinfin Moor."

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.

Bath Streets Bill.

Ordered, That the Bill, intituled, "An Act for protecting and securing the Hot Baths and Springs within the City of Bath from Injury by Encroachments and Annoyances; for enlarging or re-building the present Pump Rooms there; for widening certain Streets, Lanes, and Public Passages, and for making certain new Streets and Passages to render the Approaches to the said Hot Baths, Springs, and Pump Rooms more safe and commodious," be read a Second Time on Monday next.

Thorpe Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields and Stinted Pastures within the Township of Thorpe, in the Parish of Burnsall, in the West 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.

The King against Amery, in Error.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein the King is Plaintiff, and Thomas Amery is Defendant, which stands appointed for this Day, be put off to the First Cause Day in the next Session of Parliament.

Highland Society Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for appropriating the Sum of Three thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, to be applied by the Highland Society of Scotland at Edinburgh to Public Uses in that Part of the Kingdom."

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

It was resolved in the Affirmative.

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

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

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

Adjourn.

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

DIE Mercurii, 17o Junii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Bangor.
Dux Gloucester.
Ds. Thurlow, Cancellarius.
Comes Camden, Præses.
Dux Norfolk, Marescallus.
Dux Leeds.
Comes Chesterfield.
Comes Sandwich.
Comes Abingdon.
Comes Coventry.
Comes Morton.
Comes Galloway.
Comes Hopetoun.
Comes Stanhope.
Comes Macclesfield.
Comes Effingham.
Comes Radnor.
Comes Uxbridge.
Comes Talbot.
Viscount Stormont.
Viscount Wentworth.
Viscount Hampden.
Viscount Mount Edgcumbe & Valletort.
Viscount Sydney.
Ds. Clifford.
Ds. Dacre.
Ds. Clifton.
Ds. Craven.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Walpole.
Ds. Scarsdale.
Ds. Milton.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Walsingham.
Ds. Porchester.
Ds. Rawdon.
Ds. Lovaine.
Ds. Sommers.
Ds. Kenyon.

PRAYERS.

Arabin's Divorce Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of William John Arabin Esquire, with Henrietta Molyneux his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Highworth Workhouse Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for providing a Workhouse for the Use of the Parish of Highworth, in the County of Wilts, and for appointing an additional Overseer for the better Government of the Poor of the said Parish."

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.

V. Sydney introduced:

Thomas Lord Sydney being by Letters Patent, bearing Date the 11th Day of June 1789, in the 29th Year of His present Majesty, created Viscount Sydney of Saint Leonards, in the County of Gloucester, was (in his Robes) introduced between the Lord Viscount Wentworth and the Lord Viscount Mount Edgcumbe and Valletort (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Earl Marshal, and the Deputy Lord Great Chamberlain, preceding. His Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table; his Writ of Summons was also read as follows; (videlicet)

"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 wellbeloved Cousin and Counsellor Thomas Viscount Sydney of Saint Leonard's, in Our County of Gloucester, Greeting. Whereas Our Parliament for arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain, and the Church, is now met at Our City of Westminster: We strictly enjoining Command you, under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in nowise omit as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs. Witness Ourself, at Westminster, the Eleventh Day of June, in the Twenty-ninth Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Viscount's Bench.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Arnold Enclosure Bill.

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

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

Ld. President.
D. Norfolk.
D. Leeds.
E. Chesterfield.
E. Sandwich.
E. Abingdon.
E. Coventry.
E. Morton.
E. Galloway.
E. Hopetoun.
E. Stanhope.
E. Macclesfield.
E. Effingham.
E. Radnor.
E. Uxbridge.
E. Talbot.
V. Stormont.
V. Wentworth.
V. Sydney.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. Bangor.
L. Clifford.
L. Dacre.
L. Clifton.
L. Craven.
L. Middleton.
L. King.
L. Chedworth.
L. Sandys.
L. Walpole.
L. Scarsdale.
L. Amherst.
L. Walsingham.
L. Rawdon.
L. Kenyon.

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

Causes put off.

Ordered, That the Hearing of the Cause, wherein the Stirling Banking Company and others are Appellants, and Messieurs Allen, Steuart, and Company, are Respondents, which stands appointed for Friday next, be put off to Monday next; and that the rest of the Causes on Cause Days be removed in Course.

Dunston Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Common Fen and Ings in the Parish of Dunston, in the County of Lincoln; and for draining and improving certain Parts thereof, and also certain enclosed Low Lands in the said Parish, and in the Parish of Metheringham, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Covent Garden Church Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to amend and enlarge the Powers of an Act passed in the last Session of Parliament, intituled, "An Act for repairing the Church of the Parish of Saint Paul, Covent Garden, in the County of Middlesex; for repairing and improving the Gates and Avenues leading to the said Church; and for removing the present Watch House, and providing another for the Use of the said Parish," was committed.

Shrewsbury Church Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for re-building the Parish Church of Saint Chad, in the Town of Shrewsbury, and County of Salop, and for providing a new Cemetery or Burial Ground, and making convenient Avenues and Passages to the said Church and Cemetery," was committed.

Nocton, &c. Drainage Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for embanking and draining certain Fens and Low Lands in the Parishes of Nocton and Potterhanworth, in the County of Lincoln, and in the Parish of Branston, in the County of the City of Lincoln," was committed.

Committee for Privileges to meet.

Ordered, That the Committee for Privileges do meet To-morrow.

Cold Kirkby 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, stinted Pasture, and other Commonable Lands, within the Parish of Cold Kirkby, in the North Riding of the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hastings' Trial:

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

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

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

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

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

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

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

Then the Lord Chancellor said, "Gentlemen, Managers for the Commons, and you, Gentlemen, who are of Counsel for the Defendant;

"The Lords have resolved, That the Persian Paper, purporting to be a Letter from Munny Begum, and the Translation of the same offered in Evidence by the Managers for the Commons, ought not to be read."

Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge."

Then several Papers were read.

Then the Managers for the Commons offered to produce certain Public Accounts of the Nizamut and Bhela, under the Seal of the Bhegum, attested also by the Nabob, and transmitted by Mr. Goring to the Board of Council at Calcutta, received by them, recorded without Objection on the Part of Mr. Hastings, and transmitted by him likewise without Objection to the Court of Directors, stating, "That they contained an Account delivered by the Munny Begum of One Lack and a Half of Rupees, and also an Account by Rajah Gourdass of Two Lacks of Rupees given to Mr. Hastings."

The same was objected to by the Counsel for the Defendant.

The Managers being heard in Answer to the Objection made, and the Counsel in Reply:

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

The House was resumed.

Question put to Judges:

Proposed, "That the following Question be put to the Judges; (videlicet)

"Whether the Public Accounts of the Nizamut and Bhelah under the Seal of the Begum, attested also by the Nabob, and transmitted by Mr. Goring to the Board of Council at Calcutta, in a Letter bearing Date 29th of June 1775, received by them, recorded without Objection on the Part of Mr. Hastings, and transmitted by him likewise without Objection to the Court of Directors, and alledged to contain Accounts of Money received by Mr. Hastings, and it being in Proof that Mr. Hastings on the 11th of May 1778 moved the Board to comply with the Requisition of the Nabob Mobareck ul Dowlah to re-appoint the Munny Begum and Rajah Gourdass (who made up those Accounts) to the respective Offices they before filled, and which was accordingly resolved by the Board, ought to be read?"

The same was agreed to, and the said Question was accordingly put to the Judges.

And the Judges desiring Time to consider the said Question;

Ordered, That the Judges do attend to deliver their Opinions upon the said Question on Wednesday the 24th of this Instant June.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Wednesday the 24th of this Instant June, at Ten o'Clock, in Westminster Hall.

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

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

Adjourn.

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

DIE Jovis, 18o Junii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen.
Epus. Bangor.
Ds. Thurlow, Cancellarius. Ds. Sandys.

PRAYERS.

Nocton, &c. Drainage Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for embanking and draining certain Fens and Low Lands in the Parishes of Nocton and Potterhanworth, in the County of Lincoln, and in the Parish of Branston, in the County of the City of Lincoln."

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

It was resolved in the Affirmative.

Dunston Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fen and Ings, in the Parish of Dunston, in the County of Lincoln, and for draining and improving certain Parts thereof, and also certain enclosed Low Lands in the said Parish, and in the Parish of Metheringham, in the said County."

The Question was put, "Whether the said Bill shall pass?"

It was resolved in the Affirmative.

Covent Garden Church Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to amend and enlarge the Powers of an Act passed in the last Session of Parliament, intituled, "An Act for repairing the Church of the Parish of Saint Paul, Covent Garden, in the County of Middlesex, for repairing and improving the Gates and Avenues leading to the said Church, and for removing the present Watch House, and providing another for the Use of the said Parish."

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

It was resolved in the Affirmative.

Shrewsbury Church Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of Saint Chad, in the Town of Shrewsbury, and County of Salop, and for providing a New Cemetery or Burial Ground, and making convenient Avenues and Passages to the said Church and Cemetery."

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. Leeds and Mr. Pepys:

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

Cold Kirkby Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, stinted Pasture, and other Commonable Lands, within the Parish of Cold Kirkby, in the North Riding of the County of York."

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

L. Bp. St. Asaph.
L. Bp. Bangor.
L. Sandys.

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

Adjourn.

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

DIE Veneris, 19o Junii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Asaphen.
Epus. Bangor.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Leeds.
March. Townshend.
Comes Chesterfield.
Comes Sandwich.
Comes Scarbrough.
Comes Morton.
Comes Breadalbane.
Comes Hopetoun.
Comes Sussex.
Comes Stanhope.
Comes Effingham.
Comes Fitzwilliam.
Comes Chatham.
Comes Bathurst.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Middleton.
Ds. Montfort.
Ds. Chedworth.
Ds. Sandys.
Ds. Sundridge.
Ds. Amherst.
Ds. Brudenell.
Ds. Bagot.
Ds. Porchester.
Ds. Rodney.
Ds. Rawdon.
Ds. Sommers.
Ds. Kenyon.

PRAYERS.

Hemmington Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open or Common Fields, Meadows, Pastures, and Waste Grounds, within the Manor or Lordship of Hemmington, in the Parish of Lockington, and County of Leicester."

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

Ld. Privy Seal.
D. Leeds.
M. Townshend.
E. Chesterfield.
E. Sandwich.
E. Scarbrough.
E. Morton.
E. Breadalbane.
E. Hopetoun.
E. Sussex.
E. Stanhope.
E. Effingham.
E. Fitzwilliam.
E. Chatham.
E. Bathurst.
L. Abp. Canterbury.
L. Bp. St. Asaph.
L. Bp. Bangor.
L. Cathcart.
L. Kinnaird.
L. Middleton.
L. Montfort.
L. Chedworth.
L. Sandys.
L. Sundridge.
L. Amherst.
L. Bagot.
L. Brudenell.
L. Porchester.
L. Rodney.
L. Rawdon.
L. Sommers.
L. Kenyon.

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.

Delme against Amick and Huguenin, in Error.

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

Peter Delme Esquire is Plaintiff,
and
John Amick and Moses Huguenin are Defendants.

Denton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the several Open Common Fields, Meadows, Common Pastures, and other Commonable Lands and Grounds, within the Manor and Parish of Denton, in the County of Lincoln;" to which they desire the Concurrence of this House.

Harston Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the several Open and Common Fields, a Common Pasture, and several Waste Grounds, within the Parish of Harston, in the County of Leicester;" to which they desire the Concurrence of this House.

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

E. Wirchelsea's Estate Bill.

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

To return the Bill, intituled, "An Act for establishing, confirming, and carrying into Execution certain Articles of Agreement between the Reverend John Lowth, Vicar of the Parish of Burley on the Hill, in the County of Rutland, and the Right Honourable George Earl of Winchelsea and Nottingham, and thereby settling all Disputes and Differences which have arisen in consequence of a Claim of Tythes made by the said Vicar;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Crispin or Foster's Bill.

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

To return the Bill, intituled, "An Act for effectuating the Sale of certain Estates late of John Foster, deceased;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Northey's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estates of William Northey Esquire, in the County of Wilts, in Trustees to be sold, and for laying out the Purchase Money in other Estates, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Sir J. Long's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estates devised by the Will of John Earl Tylney, in London, Middlesex, and Essex, in Trustees to be sold, and for laying out the Money thence arising in other Estates to be settled in lieu thereof to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Webb's Bill.

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

To return the Bill, intituled, "An Act for effectuating the Sale of the Freehold Estate of Nathaniel Webb Esquire, and Harriet Ellen his Wife, an Infant, at Boreham, in the County of Essex;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Dickenson's Bill.

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

To return the Bill, intituled, "An Act for carrying into Execution an Agreement for Sale of the Brewhouse and Hereditaments in and near Golden Lane, London, lately belonging to Joseph Dickenson Esquire, deceased, and for applying Two-thirds of the Money agreed to be paid for the Purchase of the Freehold Part of the said Brewhouse and Hereditaments, in the Purchase of Freehold Hereditaments, to be settled in Manner in the said Act mentioned, and for such other Purposes as in the said Act mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bramley Enclosure Bill.

The Lord Bishop of St. Asaph reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds within the Manor or Township of Bramley, in the Parish of Leeds, and 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."

Ecclesiastical Tythes Bill presented.

The Earl Stanhope presented to the House a Bill, intituled, "An Act for the better preventing vexatious Proceedings with respect to Tythes, Dues, or other Ecclesiastical or Spiritual Profit."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Cromford Canal Bill, Petition in support of.

Upon reading the Petition of the Gentlemen, Clergy, Freeholders, and principal Inhabitants in the Hundred of Wirksworth and Towns adjacent, in the County of Derby, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for making and maintaining a Navigable Canal from or from near to Cromford Bridge, in the County of Derby, to join and communicate with the Erewash Canal, at or near Langley Bridge, and also a Collateral Cut from the said intended Canal, at or near Codnor Park Mill, to or near Pinxton Mill, in the said County;" and praying their Lordships, "That the said Bill may pass into a Law:"

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

Bath Streets Bill.

Moved, "That the Order made on Tuesday last for the Second Reading of the Bill, intituled, "An Act for protecting and securing the Hot Baths and Springs within the City of Bath from Injury by Encroachments and Annoyances; for enlarging or re-building the present Pump Rooms there; for widening certain Streets, Lanes, and Public Passages, and for making certain new Streets and Passages to render the Approaches to the said Hot Baths, Springs, and Pump Rooms more safe and commodious," on Monday next, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Tuesday next.

Idlecote Enclosure Bill.

A Message was brought from the House of Commons, by Sir George Shuckburgh and others:

With a Bill, intituled, "An Act to confirm an Enclosure heretofore made of certain Open Fields in the Parish of Idlecote in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Edinburgh Roads Bill.

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

With a Bill, intituled, "An Act for enlarging the Terms and Powers of several Acts of the Twenty-fourth and Twenty-eighth Years of His late Majesty's Reign and of the Fourth Year of His present Majesty's Reign, for repairing the High Roads in the County of Edinburgh, and for making the same more effectual;" to which they desire the Concurrence of this House.

Hereford Roads Bill.

A Message was brought from the House of Commons, by Sir George Cornewall and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers of Three Acts passed in the Third and Twenty-second Years of His late Majesty King George the Second, and in the Ninth Year of the Reign of His present Majesty, for repairing the several Roads leading into the City of Hereford, and for amending the Roads to Llancloudy Hill and Langua Bridge; and also for making and keeping in Repair the Roads from the said City of Hereford to Hoarwithy Passage, through the several Townships or Places therein mentioned;" to which they desire the Concurrence of this House.

Ledbury Road Bill.

A Message was brought from the House of Commons, by Sir George Cornewall and others:

With a Bill, intituled, "An Act for more effectually repairing several Roads leading from Ledbury, in the County of Hereford, and the Road through the Parish of Bromesberrow, in the County of Gloucester, and Corse Lawn, till it joins the Road from Gloucester to Worcester;" to which they desire the Concurrence of this House.

Greenock Harbours, &c. Bill.

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

With a Bill, intituled, "An Act for altering and enlarging the Powers of an Act made in the Thirteenth Year of the Reign of His present Majesty, intituled, An Act for deepening, cleansing, and making more commodious the Harbours of the Town of Greenock; for supplying the Inhabitants with fresh and wholesome Water; and for paving, cleansing, lighting, and watching the Streets and other Public Places within the said Town;" to which they desire the Concurrence of this House.

Ships, &c. to prevent destroying, Bill.

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

With a Bill, intituled, "An Act for preventing the wilfully burning or destroying Ships, and the wilfully and maliciously destroying any Woollen, Silk, Linen, or Cotton Goods, or any Implements prepared for or used in the Manufacture thereof, in that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.

Cromford Canal Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for making and maintaining a navigable Canal from or from near to Cromford Bridge in the County of Derby, to join and communicate with the Erewash Canal at or near Langley Bridge, and also a Collateral Cut from the said intended Canal at or near Codnor Park Mill to or near Pinxton Mill in the said County;" and for hearing Counsel for and against the same:

Counsel were accordingly called in.

And the several Petitions presented to the House on the 8th of this Instant June, praying to be heard by Counsel against the said Bill, were, severally, read by the Clerk.

Then Mr. Graham was heard on Behalf of the Petitioners against the said Bill; and several Witnesses were called in, sworn, and examined for the Petitioners against the said Bill.

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Bill be put off to Monday next.

His Majesty's Advocate against Milne, in Error.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein His Majesty's Advocate General for Scotland is Plaintiff, and John Milne is Defendant, which stands appointed for To-morrow, be put off to Tuesday next.

Causes put off.

Ordered, That the Hearing of the Cause, wherein the Stirling Banking Company and others are Appellants, and Messieurs Allan, Steuart and Company, are Respondents, which stands appointed for Monday next, be put off to Friday next; and that the Rest of the Causes on Cause Days be removed in Course.

Cockburnspath Bridge Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for applying the Sum of One thousand Pounds out of the unexhausted Balance or Surplus arising from the forfeited Estates in North Britain, towards completing and finishing the Bridge over the Pees or Pass of Cockburnspath, in the County of Berwick:"

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

Adjourn.

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