Pages 599-615
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
April 1790 11-20
DIE Mercurii, 21o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Cuming against Donaldson:
After hearing Counsel this Day upon the Petition and Appeal of Mrs. Jean Cuming, residing in Banff; complaining of an Interlocutor of the Lord Ordinary in Scotland of the 8th of April 1789; and praying, "That the same might be reversed, varied, or amended, or that the Appellant 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 James Donaldson, of Kinnairdy, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:"
Interlocutor 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 Interlocutor therein, complained of be, and the same is hereby affirmed.
Exchequer Loans Bill.
Hodie 3a vice lecta est Billa, 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 ninety."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Exchequer further Loans Bill:
Hodie 3a vice lecta est Billa, 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 ninety."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Expiring Laws Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to continue the several Laws therein mentioned, relating to encouraging the Manufacture of Leather by lowering the Duty payable upon the Importation of Oak Bark, when the Price of such Bark shall exceed a certain Rate; 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 ascertaining the Strength of Spirits by Clarke's Hydrometer."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Papists Deeds and Wills Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Longitude Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Encouragement and Reward of Persons making certain Discoveries for finding the Longitude at Sea, or making other useful Discoveries and Improvements in Navigation, and for making Experi ments relating thereto; and for adding a Commissioner to execute the several Acts for the Discovery of the Longitude at Sea."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Malldraeth, &c. Embankment Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually embanking the Marsh, called Malldraeth and Corsddaugau, in the County of Anglesey, and draining and preserving the same, and the enclosed Low Lands contiguous thereto."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Dudley Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making, amending, widening, and keeping in Repair, a Road from Eve Hill, near Dudley, to the New Inn, in the Parish of Pattingham, and from the Turnpike Road at or near Street End, in the Parish of Kingswinford, to the Turnpike Road leading from Dudley to Wolverhampton, in the Counties of Worcester, Salop, and Stafford."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Biggleswade Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to continue the Term, and alter and enlarge the Powers of an Act of the Tenth Year of His present Majesty, for repairing the Road from Biggleswade, in the County of Bedford, through Bugden and Alconbury, to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common, in the County of Huntingdon; and also the Road leading out of the aforesaid Road, at or near the Ferry House, in the Parish of Tempsford, to and through Little Barford, Eynesbury, and Saint Neot's, to the Turnpike Road at the End of Cross Hall Lane."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Edington Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for draining, dividing, and enclosing certain Moors, Commons, or Waste Lands, called Edington, otherwise Burtle Moor, East Heath, West Heath, and Clyde Batch, within the Hamlet of Edington and Parish of Moorlinch, in the County of Somerset."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Dormstone Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, and other Commonable Lands, within the Parish of Dormstone, in the County of Worcester."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Harby Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, Pastures, and other Commonable Lands and Waste Grounds, within the Parish of Harby, in the County of Leicester."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Eleven preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Pepys and Mr. Walker:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Scotch Terms Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for altering the Time appointed for holding the Summer Session in the Court of Session in Scotland, and for altering Whitsuntide and Lammas Terms in the Court of Exchequer in Scotland."
Then the following Amendments were proposed to be made to the said Bill:
Pr. 1. L. 7. After ("of") insert ("that Part of Great Britain, called")
L. 19. Leave out from ("May") to ("except") in Line 21, and in the same Line after ("except") Leave out to ("shall") in Line 23, and insert ("the said Twelfth Day of May")
L. 25. After ("the") insert ("said")
L. 27. After ("the") insert ("said") and in the same Line after ("and") insert ("the said Summer Session shall at all Times hereafter end upon the Eleventh Day of July, except the said Eleventh Day of July shall happen to be upon a Sunday or Monday, in which Case the said Summer Session")
L. 29. After ("the") insert ("said")
Pr. 2. L. 3. After ("May") insert ("except the said Twelfth Day of May shall happen to be on a Sunday, in which Case the said Whitsuntide Term shall begin upon the First Monday after the said Twelfth Day of May"), and in the same Line, after ("and") insert ("that at all Times hereafter the said Whitsuntide Term shall")
L. 4. After ("June") insert ("except the said Second Day of June shall happen to be upon a Sunday, in which case the said Term shall end on the Saturday preceding such Second Day of June")
L. 7. "After ("June") insert ("except the said Seventeenth Day of June shall happen to be on a Sunday, in which Case the said Lammas Term shall begin upon the First Monday after such Seventeenth Day of June")
L. 8. After ("And") insert ("that at all Times hereafter the said Lammas Term shall")
L. 9. Leave out from ("except") to ("Fifth") in Line 19, and insert ("the said")
L. 20. Leave out ("which")
L. 21. After ("Sunday") insert ("in which Case the said Term shall end on the Saturday preceding such 5th Day of July")
Pr. 4. L. 6. After ("the") insert ("said")
L. 16. After ("the") insert ("said")
Pr. 5. L. 5. After ("aforesaid") insert ("that the said several Writs and Processes shall and they are hereby declared to be returnable on the said Seventeenth Day of the said Month of June, being the First Day of Lammas Term as by this Act established and")
L. 13. After ("had") insert ("originally") and in the same Line after ("been") insert ("made") and in the same Line leave out from ("on") to ("the") in Line 14, and in the same Line after ("said") leave out ("Whitsuntide") and insert ("First Day of Lammas")
L. 16. After ("ninety") insert ("as by this Act established")
The same were agreed to and ordered accordingly.
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was resolved in the Affirmative.
Lewes Navigation Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for improving, continuing, and extending the Navigation of the River Ouse from Lewes Bridge at the Town of Lewes, to Hammer Bridge, in the Parish of Cuckfield, and to the Extent of the said Parish of Cuckfield; and also of a Branch of the said River to Shortbridge, in the Parish of Fletching, in the County of Sussex."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Messages to H. C. with Amendments to the Two preceding Bill:
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To return the said Bills, and acquaint them, That the Lords have agreed to the same with Amendments, to which their Lordships desire their Concurrence.
Laurie's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for settling and securing the Lands of Quintinespie, Kirklands, and others, and the Tiends, Parsonage, and Vicarage of the Lands of Redcastle and others lying in the Stewartry of Kirkcudbright, to and in Favour of Mrs. Margaret Laurie of Redcastle, Widow of the deceased Andrew Laurie Esquire of Redcastle, and the same Series of Heirs in Fee Tail, and under the same Conditions and Limitations as are mentioned and contained in Two Deeds of Entail, made in the Years One thousand seven hundred and twenty-seven, and One thousand seven hundred and thirty-three, by Mr. Walter Laurie of Redcastle, and for vesting in the aforesaid Mrs. Margaret Laurie, and her Heirs and Assigns in Fee-Simple, the Lands of Mool and Cairn, and others, in the County of Wigton."
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 the 6th Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
E. Abergavenny's Estate Bill.
The Lord Cathcart reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm a Lease lately made by Henry Nevill Earl of Abergavenny, of certain entailed Mines and other Hereditaments in the County of Monmouth, and to enable granting future Leases of the said entailed Mines and other Hereditaments; and also of all other Estates of which the said Earl is seised as Tenant in Tail Male, under an Act of Parliament passed in the Second and Third Years of the Reign of King Philip and Queen Mary, and under the Limitations in the last Will of George Lord Abergavenny in the said Act of Philip and Mary mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."
Ordered, That the said Bill be re-committed to the same Committee, and that they do meet to consider the said Bill on Wednesday next.
Newport and Caerleon Bridges Bill.
The Lord Cathcart reported from the Lords Committees to whom the Bill, intituled, "An Act for re-building the Bridges over the River Uske at Newport and Caerleon, in the County of Monmouth," was committed: "That they had considered the said Bill and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made some Amendments thereto."
Which Amendments were read by the Clerk, as follow; (videlicet)
Pr. 14. L. 23. Leave out ("River or Brook")
Pr. 15. L. 29. Leave out from ("Act") to ("and") in Press 16, Line 4.
Pr. 18. L. 34 & 35. Leave out from ("Monmouth") to ("and") in Press 19, Line 40.
Pr. 20. L. 3. Leave out from ("obstruct") to ("the") in Line 5.
Pr. 29. L. 27. Leave out from ("satisfied") to ("And") in Press 30, Line 24."
And the said Amendments being read a Second Time, were agreed to by the House.
Tamer Ferry Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for authorizing and enabling the Right Honourable George Earl of Mount Edgcumbe and Reginald Pole Carew Esquire, to establish and maintain a common Ferry over and across the River Tamer, between a certain Place North of Plymouth Dock, in the Parish of Stoke Damarel, in the County of Devon, and Torpoint, in the Parish of Antony Saint Jacob otherwise Antony in the East, in the County of Cornwall."
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.
Mickleover Enclosure Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Common Meadows, and Pastures, Common and Waste Lands, in the Liberty or Lordship of Mickleover, in the County of Derby," stands committed, be revived, and meet To-morrow.
Bleatarn Enclosure Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing, and enclosing the Common and Waste Grounds within the Manor of Bleatarn, in the Parish of Warcop, in the County of Westmorland," stands committed, be revived, and meet To-morrow.
Dudley Canal Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for effectually carrying into Execution Two Acts of the Sixteenth and Twenty-fifth Years of His present Majesty, for making and maintaining a Navigable Canal from the Stourbridge Navigation to the Birmingham and Birmingham and Fazeley Canal Navigations, in the Counties of Worcester and Stafford," stands committed, be revived, and meet Tomorrow.
Colhoun and Eton College Exchange Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to effectuate and establish an Exchange between William Colhoun Esquire with the Provost and College of Eton, of the Advowson and Right of Patronage of and to the consolidated or united Rectories of Greeting All Saints and Creeting Saint Olaves, in the County of Suffolk, for the Advowson and Right of Patronage of and to the Rectory of East Wretham, in the County of Norfolk."
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 6th Day of May next, at the usual Time and Place; and to adjourn as they please.
Colhoun and King's College Exchange Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to effectuate and establish an Exchange between William Colhoun Esquire, and the Provost and Scholars of the King's College of Blessed Mary and Saint Nicholas, of Cambridge, of the Advowson and Right of Patronage of and to the Rectory of Hepworth, in the County of Suffolk, and certain Pieces of Land and Hereditaments in Hepworth aforesaid, for the Advowson and Right of Patronage of, and to the Rectory of West Wretham, in the County of Norfolk."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Templer's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for exchanging the settled Estate of the Reverend John Templer, in the County of Kent, for another Estate of greater Value, in the County of Devon, to be settled in lieu thereof."
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 the 7th Day of May next, at the usual Time and Place; and to adjourn as they please.
Honiton Paving Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for paving, and otherwise improving the Town of Honiton, in the County of Devon."
Forth and Clyde Navigation Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for forming a Junction between the Forth and Clyde Navigation, and the Monkland Navigation, and for altering, enlarging, and explaining several former Acts, passed for making and maintaining the said Navigations."
Bradford Water Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for preserving the Works made, for supplying the Town of Bradford, in the County of York, and Part of the Township of Horton, in the Parish of Bradford aforesaid, with Water; for the more easy Recovery of the Rents for the said Water, and to enable the Proprietors thereof to borrow Money for the improving such Works."
Clayworth Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, enclosing, and regulating certain Open Fields, Meadows, Pastures, Carrs, Commons, and Waste Grounds, within the Township and Liberty of Clayworth, in the Parish of Clayworth, in the County of Nottingham."
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.
Linlithgow Roads Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to continue the Term, and alter the Powers of so much of Two Acts made in the Twenty-fifth and Thirty-first Years of the Reign of His late Majesty, for repairing several Roads in the Counties of Linlithgow and Stirling, as relates to the Roads lying within the County of Linlithgow."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Seizures Charges Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act to authorize the Commissioners of the Customs to defray Charges on Seizures out of His Majesty's Share of Seizures in general;" to which they desire the Concurrence of this House.
Cotgrave Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Burton and others:
With a Bill, intituled, "An Act to confirm and establish the Division, Allotments, and Enclosure of the Open Fields, Meadows, Pastures, Commons, and Waste Grounds, lying in the Parish of Cotgrave, in the County of Nottingham; and also several Exchanges of Lands, within the said Parish;" to which they desire the Concurrence of this House.
Watton Road Bill.
A Message was brought from the House of Commons, by Sir John Wodehouse and others:
With a Bill, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Stephen's Gate, in the County of the City of Norwich, to the Windmill, in the Town of Watton, in the County of Norfolk;" to which they desire the Concurrence of this House.
Ouze Towing Paths Bill.
A Message was brought from the House of Commons, by Sir John Wodehouse and others:
With a Bill, intituled, "An Act for empowering Persons navigating Boats, Barges, and other Vessels, in the River Ouze, in the County of Norfolk, to hale or tow with Horses or other Beasts on the Banks or Sea Walls of the said River, and for making Satisfaction to the Owners of the said Banks or Sea Walls;" to which they desire the Concurrence of this House.
The said Four Bills were, severally, read the First Time.
Lewes Navigation Bill.
A Message was brought from the House of Commons, by Mr. Hobart and others:
To return the Bill, intituled, "An Act for improving, continuing, and extending the Navigation of the River Ouze, from Lewes Bridge, at the Town of Lewes to Hammer Bridge, in the Parish of Cuckfield, and to the Extent of the Parish of Cuckfield; and also of a Branch of the said River to Shortbridge, in the Parish of Fletching, in the County of Sussex;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.
Polebrook Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Polebrook, in the County of Northhampton."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Monday the 3d of May next, at the usual Time and Place; and to adjourn as they please.
York Buildings Company against Stourton et al:
Upon reading the Petition of the Governor and Company of Undertakers for raising Thames Water in York Buildings, Appellants in a Cause depending in this House, and of Charles Lord Stourton and others Respondents thereto, which stands appointed for Hearing; setting forth, "That the Parties in this Cause having settled the Matter in Dispute between them;" the Petitioners humbly pray, "That Leave may be given to withdraw the said Appeal without Costs:"
Appeal withdrawn.
It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal without Costs, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum secundum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 22o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Honiton Paving Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for paving, and otherwise improving the Town of Honiton, in the County of Devon."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Cotgrave Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to confirm and establish the Division, Allotments, and Enclosure of the Open Fields, Meadows, Pastures, Commons, and Waste Grounds, lying in the Parish of Cotgrave, in the County of Nottingham; and also several Exchanges of Lands within the said Parish."
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.
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 25th of February 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 acquainted the Managers for the Commons, "They might proceed to make good their Charge."
Whereupon a Witness was called in, sworn, and examined; and several Papers read.
Then the Managers for the Commons proposed to prove that a Person called Kelleram, from whom Mr. Hastings was charged by the Sixth Article of Charge to have received a Sum of Money amounting to Four Lacks of Rupees, and in Consideration thereof, contrary to his Duty, and to the great Injury of the Interests of the East India Company, to have let certain Lands in the Province of Bahar to him in Perpetuity, had fallen into great Balance to the East India Company, in respect of the said Lands.
The same was objected to by the Counsel for the Defendant.
The Managers for the Commons being heard in Answer to the said Objection, and the Counsel in Reply;
The House adjourned to the Chamber of Parliament; and being returned:
The House was resumed.
Question put to Judges:
It was moved, "That the following Question be put to the Judges:
"Whether it be or be not competent to the Managers for the Commons to give Evidence upon the Charge in the Sixth Article to prove that the Rent at which the Defendant Warren Hastings let the Lands mentioned in the said Sixth Article of Charge to Kelleram fell into Arrear and was deficient; and whether, if Proof were offered that the Rent sell in Arrear immediately after the letting, the Evidence would in that Case be competent?"
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 Tuesday next.
Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Tuesday Morning next, at Ten o'Clock, in Westminster Hall.
Message to H. C. that this House will proceed in the Trial.
A Message was sent to the House of Commons, by Mr. Pepys and Mr. Walker, to acquaint them therewith.
Rose against McLeod and Urquhart.
Ordered, That this House will hear the Cause wherein Hugh Rose of Aitnoch Esquire is Appellant, and Robert Bruce, Æneas McLeod, and David Urquhart are Respondents, by Counsel at the Bar, on Saturday the 1st Day of May next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum tertium diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 23o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gibson and Johnson against Minet and Fector, in Error.
The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Hughes Minet and James Peter Fector are Defendants; and for the Judges to attend.
Counsel were accordingly called in.
And the First Counsel for the Plaintiffs having been heard;
As also the Second Counsel for the Plaintiffs in Part:
The Counsel were directed to withdraw.
Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Judges do then attend; and that the Cause which stands for Monday next be put off to Wednesday next; and that the rest of the Causes be removed in Course.
Hatchett et ux. Petition referred to Judges.
Upon reading the Petition of Richard Hatchett of Ellesmere, in the County of Salop Esquire, and Katharine his Wife, for and on Behalf of themselves and Katharine and Sarah Hatchett their Infant Children, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Justice Heath, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House, the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.
Stapleton's Petition claiming the Barony of Beaumont.
The Duke of Leeds (by His Majesty's Command) presented to the House a Petition of Thomas Stapleton of Carlton, in the County of York Esquire, with a Pedigree thereunto annexed, claiming the Barony of Beaumont, together with His Majesty's Reference thereof to this House, and the Report of His Majesty's Attorney General annexed; which Petition and Reference were read by the Clerk, as follow;
"To the King's most Excellent Majesty,
"The humble Petition of Thomas Stapleton of Carlton, in the County of York Esquire;
"Sheweth,
That Henry de Beaumont, your Petitioner's Ancestor, was summoned to Parliament as Baron Beaumont in the Second Year of the Reign of King Edward the Second, and the Heirs of the said Henry Lord Beaumont were successively summoned to Parliament as Barons Beaumont until the Eighteenth Year of King Henry the Sixth, in which Year John Lord Beaumont was by Letters Patent, dated at Reading on the 12th Day of February, created Viscount Beaumont, being the First Person on whom the said Title and Dignity of a Viscount was conferred in England:
"That the said John Viscount Beaumont died in the Thirty-eighth Year of King Henry the Sixth, leaving William his only surviving Son and Heir, who succeeded to the Family Honours, and was summoned to several Parliaments as Viscount Beaumont, but died without Issue in the Twenty-fourth Year of King Henry the Seventh, whereby the Title and Dignity of Viscount Beaumont became extinct:
"That the Barony of Beaumont being an ancient Barony in Fee, by virtue and force of several Writs of Summons to Parliament (long before the Creation of any Baron by Letters Patent) did descend on the Death of the said William Viscount Beaumont to the Heirs of Joan the only Daughter of John and Sister to the said William Viscount Beaumont:
"That the said Joan died before her Brother William Viscount Beaumont, but having been married to John Lord Lovell of Tichmarch, left by him a Son Francis Lord Lovell, and Two Daughters, Joan and Frideswide:
"That the said Francis Lord Lovell was afterwards created Viscount Lovell, but was attainted in the First Year of the Reign of King Henry the Seventh, Twentythree Years before the Death of William Viscount Beaumont, and died in the Third Year of that King without Issue, and the said Attainder never having been reversed, so that his Sisters Joan and Frideswide became Co-heirs to their Uncle William Viscount Beaumont, claiming nothing through their Brother Francis.
"That Frideswide, the youngest of these Co-heiresses, having married Sir Edward Norreis Knight, had by him Two Sons, Sir John Norreis Knight, who died without legitimate Issue, and Henry Norreis Esquire, who was attainted in the Twenty-eighth Year of King Henry the Eighth.
"That by the Attainder of the said Henry Norreis his Issue were rendered incapable of inheriting any Honours which might otherwise have descended to them as his Heirs; consequently, upon the Death of Sir John Norreis Knight, without lawful Issue (as is above mentioned), the Abeyance became extinguished, and the whole Right and Claim to the said ancient Barony of Beaumont rested solely in the Heir of Joan the eldest Sister to the said Frideswide Norreis.
"That the said Joan married Sir Brian Stapleton, of Carleton, in the County of York, Knight, and had Issue Sir Brian, Father to Sir Richard Stapleton, Father to Brian, whose Son and Heir Richard left Issue Gilbert Stapleton, of Carleton aforesaid, who had several Children, all of whom died without Issue, except his Daughter Ann, who thereby became sole Heir to the said Barony of Beaumont.
"That the said Ann Stapleton was married to Mark Errington, of Pont Eland, in the County of Northumberland, Esquire, by whom she had a Son and Heir Nicholas, who took the Surname of Stapleton, and left Issue Nicholas Stapleton, whose eldest surviving Son and Heir is Thomas Stapleton; your Majesty's Petitioner, who is likewise the Heir General to Henry de Beaumont, who was first summoned to Parliament as Baron Beaumont in the Second Year of the Reign of King Edward the Second; and therefore your Majesty's Petitioner apprehends, and is advised, that he hath a just and legal Claim to the said Barony of Beaumont.
"Your Petitioner, therefore, most humble prays Your Majesty will be graciously pleased to declare, allow, and confirm the aforesaid Barony of Beaumont unto Your Petitioner, with all such Rights and Privileges as have been usually granted to others in like Cases, by Your Majesty and Your Royal Predecessors.
"And Your Majesty's Petitioner, as in Dury bound, shall ever pray, &c.
"Thos. Stapleton."
"Whitehall, 23d April 1790.
"His Majesty, being moved upon this Petition, is graciously pleased to refer the same (together with the Report of the Attorney General thereunto annexed) to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Pe titioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships."
"W. W. Grenville."
Ordered, That the said Petition, with His Majesty's Reference thereof to this House, and the Attorney General's Report thereunto annexed, be referred to the Consideration of the Lords Committees for Privileges: Whose Lordships having considered thereof, as also of the Report annexed, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum sextum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 26o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gibson and Johnson against Minet and Fector, in Error:
The Order of the Day being read for hearing Counsel further, to argue the Errors assigned upon the Writ of Error, wherein Thomas Gibson and Joseph Johnson are Plaintiffs, and Hughes Minet and James Peter Fector are Defendants; and for the Judges to attend.
Counsel were accordingly called in.
And the Second Counsel for the Plaintiff having been fully heard;
As also the Counsel for the Defendants;
And the First Counsel for the Plaintiffs, by way of Reply;
The Counsel were directed to withdraw.
Questions put to Judges.
Proposed, "That the following Questions be put to the Judges; (videlicet)
1. "Whether the making of the Instrument declared upon appears upon the special Verdict to be so criminal, that the Policy of the Law will not suffer an Action to be founded upon such Instrument?"
2. "Whether upon the Matter found in the special Verdict, the Bill mentioned in the Fifth Count, can be deemed in Law a Bill payable to Bearer?"
3. "Whether the Matter of the special Verdict will sustain any other Count in the Declaration?"
The same was agreed to; and the said Questions were accordingly put to the Judges.
And the Judges desiring Time to consider the said Questions:
Ordered, That the further Consideration of the said Cause be put off to Monday the 10th Day of May next; and that the Judges do then attend to deliver their Opinions upon the said Questions.
Warwick Gaol Bill.
A Message was brought from the House of Commons, by Sir George Shuckburgh and others:
With a Bill, intituled, "An Act for enlarging and better regulating the Gaol for the County of Warwick;" to which they desire the Concurrence of this House.
East Grinstead Church Bill.
A Message was brought from the House of Commons, by Mr. Medley and others:
With a Bill, intituled, "An Act for re-building the Parish Church of East Grinstead, in the County of Sussex;" to which they desire the Concurrence of this House.
Leeds and Liverpool Navigation Bill.
A Message was brought from the House of Commons, by Mr. Stanley and others:
With a Bill, intituled, "An Act to enable the Company of Proprietors of the Canal Navigation from Leeds to Liverpool, to vary the Line of the said Canal Navigation, and to raise a further Sum of Money for the Purpose of completing the said Canal Navigation, and for other Purposes;" to which they desire the Concurrence of this House.
Ramsgate Chapel Bill.
A Message was brought from the House of Commons, by Mr. Brett and others:
With a Bill, intituled, "An Act for establishing a Chapel at Ramsgate, in the Parish of Saint Lawrence, in the Isle of Thanet, in the County of Kent, as a Chapel of Ease to the Church of the same Parish;" to which they desire the Concurrence of this House.
Bowbrickhill, &c. Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Bernard and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, Heath, and Waste Grounds, within the Parish of Bowbrickhill, and Hamlet of Fenny Stratford, in the County of Buckingham;" to which they desire the Concurrence of this House.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum septimum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 27o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Bowbrickhill, &c. Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, Heath, and Waste Grounds, within the Parish of Bowbrickhill and Hamlet of Fenny Stratford, in the County of Buckingham."
East Grinstead Church Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of East Grinstead, in the County of Sussex."
Ramsgate Chapel Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for establishing a Chapel at Ramsgate, in the Parish of Saint Lawrence, in the Isle of Thanet, in the County of Kent, as a Chapel of Ease to the Church of the same Parish."
Anderson for a Naturalization Bill:
Upon reading the Petition of Jacob Anderson, praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition:
Bill presented.
Accordingly, The Lord Cathcart presented to the House a Bill, intituled, "An Act for naturalizing Jacob Anderson."
The said Bill was read the First Time.
Leeds and Liverpool Canal Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Company of Proprietors of the Canal Navigation from Leeds to Liverpool to vary the Line of the said Canal Navigation, and to raise a further Sum of Money for the Purpose of completing the said Canal Navigation; and for other Purposes."
Honiton Paving Bill.
The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act for paving and otherwise improving the Town of Honiton, in the County of Devon," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Tamer Ferry Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for authorizing and enabling the Right Honourable George Earl of Mount Edgcumbe and Reginald Pole Carew Esquire, to establish and maintain a common Ferry over and across the River Tamer, between a certain Place North of Plymouth Dock, in the Parish of Stoke Damarel, in the County of Devon, and Torpoint, in the Parish of Antony Saint Jacob otherwise Antony in the East, in the County of Cornwall," was committed.
Dudley Canal Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for effectually carrying into Execution Two Acts of the Sixteenth and Twenty-fifth Years of His present Majesty, for making and maintaining a Navigable Canal from the Stourbridge Navigation to the Birmingham and Birmingham and Fazely Canal Navigations, in the Counties of Worcester and Stafford," was committed.
Mickleover Enclosure Bill.
The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields, Common Meadows, and Pastures, Common and Waste Lands, in the Liberty or Lordship of Mickleover, in the County of Derby," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Road Enclosure Bill.
The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing Part of a certain Common or Waste Land called Road Common, within the Manor of Road and Langham, in the Parishes of Road and North Bradley, in the Counties of Somerset and Wilts," was committed.
Bleatarn Enclosure Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common and Waste Grounds within the Manor of Bleatarn, in the Parish of Warcop, in the County of Westmorland," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."
Which Amendments were read by the Clerk, as follow; (videlicet)
Pr. 4. L. 19. In the Interlineation leave out ("Brough, Musgrove, and Appleby respectively") and insert ("all the Parishes adjoining the said Common and Waste Grounds")
L. 21. Leave out ("Seven") and insert ("Fifteen")
Pr. 7. L. 38. After ("the") insert ("Expiration of Five Months from the Time of the")
Pr. 8. L. 25. Leave out ("great Door") and insert ("Doors")
L. 26. Leave out ("Church of Warcop") and insert ("Churches")
L. 29. Leave out ("Seven") and insert ("Fifteen")
L. 31. Leave out ("or at Appleby")
L. 33 & 34. Leave out ("or as near thereto as conveniently may be")
Pr. 10. L. 3. Leave out ("or Appleby") and after ("aforesaid") leave out to ("and") in Line 5.
L. 10. Leave out ("great Door") and insert ("Doors")
L. 11. Leave out ("Church of Warcop") and insert ("Parish Churches")
L. 15. Leave out ("Seven") and insert ("Fifteen")
Pr. 22. L. 23. After ("shall") insert ("within Five Months from the Date thereof")
L. 24. Leave out from ("enrolled") to ("by") in Line 25.
L. 36. Leave out from ("the") to ("Clerk") in Line 38.
Pr. 23. L. 4. Leave out ("proper Officer or")
L. 1F & 12. Leave out ("or other proper Officer as aforesaid")
L. 19. After ("Words") insert ("and the said original Award or Instrument shall be deposited in the Chest of the Parish Church of Warcop aforesaid")."
And the said Amendments, being read a Second Time, were agreed to by the House.
White's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the settled Estates of the Reverend Stephen White Doctor of Laws, in London, Middlesex, Surrey, and Hertfordshire, in Trustees to be sold, and for laying out the Purchase Money in other Estates, to be settled to the same Uses; and for enabling the Trustees in the mean Time to grant Building and Repairing Leases."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday the 12th Day of May next at Ten o'Clock in the Forenoon in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Bradford Water Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for preserving the Works made for supplying the Town of Bradford in the County of York, and Part of the Township of Horton in the Parish of Bradford aforesaid with Water; for the more easy Recovery of the Rents for the said Water; and to enable the Proprietors thereof to borrow Money for the improving such Works."
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.
Ouze Towing Path Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for empowering Persons navigating Boats, Barges, and other Vessels in the River Ouze, in the County of Norfolk, to hale or tow with Horses or other Beasts on the Banks or Sea Walls of the said River, and for making Satisfaction to the Owners of the said Banks or Sea Walls."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place; and to adjourn as they please.
Watton Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Stephen's Gate, in the County of the City of Norwich, to the Windmill in the Town of Watton, in the County of Norfolk."
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.
Falzieff and Sir W. Forbes against Elphinstone.
The House being moved, "That a Day may be appointed for hearing the Cause, wherein Major Michael Falzieff, Merchant, and Sir William Forbes, Baronet, his Attorney, are Appellants, and the Honourable Captain William Elphinstone is Respondent, ex-parte, the Respondent not having put in his Answer thereto, though peremptorily ordered so to do:"
It is Ordered, That this House will hear the said Cause ex-parte by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer in the mean Time.
Rose against Macleod and Urquhart:
A Petition of Hugh Rose, of Aitnoch, Esquire, Appellant in a Cause depending in this House, to which Robert Bruce, Eneas Macleod, and David Urquhart are Respondents, was presented and read; setting forth, "That the Appellant who had stood on the Roll of Freeholders of the County of Cromarty since 1765, brought his Appeal from an Interlocutor of the Court of Session, granting Warrant for expunging his Name from the Roll of Freeholders, and thereby altering a former Interlocutor, whereby they found that the Freeholders of the County of Cromarty convened at their last Michaelmas Meeting did right in not expunging the Respondent's Name from the Roll of Freeholders of the said County: That their Lordships on the First Day of March last, were applied to, to appoint a Bye-Day for hearing this Cause, but were pleased to delay any Appointment of a Bye-Day till the 22d Instant, after the hearing of the Cause of Sir William Forbes and others, against Sir John Macpherson, with which the present was connected: That the Judgement given in the said Cause on the 19th Instant, has so much affected the Merits of the Appellant's Case, that he is advised to withdraw his Appeal;" and therefore praying, "Their Lordships will be pleased to order, that he may be at Liberty to withdraw his Appeal in this Cause."
And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn:
Appeal withdrawn with Costs.
Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired, upon Payment of £.30 Costs to the Respondents.
Abingdon Road Bill.
A Message was brought from the House of Commons, by Mr. Loveden and others:
With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Eighth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Mayor's Stone in Abingdon, in the County of Berks, through Cumner, to the Ancient Horse Road at Swinford, in the said County;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Strathallan Peerage, Committee deferred.
Ordered, That the Sitting of the Committee for Privileges, to whom the Petition of Andrew John Drummond, Lieutenant Colonel in His Majesty's Service, to His Majesty, claiming the Honours and Dignity of Viscount Strathallan, Lord Madertie, and Lord Drummond of Cromlix, with His Majesty's Reference thereof, to this House is referred, which stands appointed for this Day, be put off to Monday next; and that Notice thereof be given to His Majesty's Attorney General and the Lord Advocate for Scotland; and that the Judges do then attend.
Brydge's Petition claiming the Barony of Chandos.
The Duke of Leeds (by His Majesty's Command) presented to the House, a Petition of Edward Tymewell Brydges, of Wootton Court, in the County of Kent, Master of Arts, claiming the Dignity of Baron Chandos, of Sudeley, as Lineal Descendant and Heir Male of the Body of Anthony Bridges, Third Son (the Issue Male of Edmund and Charles, the First and Second Sons being extinct) of Sir John Bridges Knight, the First Lord Chandos; together with His Majesty's Reference thereof to this House, and the Report of His Majesty's Attorney General annexed; which Petition and Reference were read by the Clerk, and are as follow; (videlicet)
"To the King's most Excellent Majesty.
"The humble Petition of Edward Tymewell Brydges, of Wootton Court, in the County of Kent, Master of Arts, claiming the Dignity of Baron Chandos, of Sudeley, as Lineal Descendant, and Heir Male of the Body of Anthony Bridges, Third Son (the Issue Male of Edmund and Charles, the First and Second Sons being extinct) of Sir John Bridges Knight, the First Lord Chandos:
"Sheweth,
"That Her late Majesty Queen Mary, by Letters Patent, bearing Date at St. James's, the Eighth Day of April, in the First Year of Her Reign, did grant to the said Sir John Bridges Knight, the Title and Dignity of Baron Chandos, of Sudeley, to hold to him and the Heirs Male of his Body.
"That the said John the First Lord Chandos, died in 1557, leaving Issue by Elizabeth his Wife, Daughter of Edmund Lord Grey de Wilton, Edmund Charles Anthony (your Petitioner's Ancestor) and other Sons, and was succeeded in the said Dignity by his eldest Son Edmund the Second Lord Chandos, who died in 1573, and left Issue Two Sons, Giles the Third Lord Chandos and William.
"That the said Giles the Third Lord Chandos, died in 1594, leaving Issue only Two Daughters, whereby the Dignity of Baron Chandos devolved on his Brother William, who became the Fourth Lord Chandos, and on his Death in 1602, was succeeded by his only Son Grey the Fifth Lord Chandos, who by Anne his Wife, Daughter and Co heir of Fredinando Earl of Derby, had Issue Two Sons, George and William, and dying in 1621, was succeeded by his eldest Son George the Sixth Lord Chandos, who died without Issue Male in 1654, and his Brother William became the Seventh Lord Chandos, and died also without Issue Male.
"That upon the Death of William the Seventh Lord Chandos, all the Issue Male from the eldest Son of John the First Lord Chandos, being extinct, the said Dignity passed to his Cousin Sir James Bridges Baronet, as Heir Male of the Body of Charles Bridges, Second Son of John the First Lord Chandos.
"That the said Sir James Bridges the Eighth Lord Chandos, was summoned to Parliament by Writ, dated the Thirteenth Day of February, in the Twenty-ninth Year of the Reign of King Charles the Second, and took his Seat accordingly on the 16th of the same Month: He died in 1714, having had Issue Three Sons, James, Henry, and Francis, (the latter of whom died without Issue a few Weeks before him), and was succeeded by his eldest Son James, the Ninth Lord Chandos.
"That the said James the Ninth Lord Chandos was advanced to the Dignities of Viscount Wilton Earl and Marquis of Carnarvon and Duke of Chandos, and died in 1744, leaving his only Son and Heir Henry the Tenth Lord Chandos, and Second Duke of Chandos, who dying in 1771, was succeeded in all his said Honours by his only Son James, the Eleventh Lord Chandos, and the Third Duke of Chandos, who departed this Life on or about the 30th Day of September last, without Issue Male.
"That Henry Bridges, Second Son of James the Eighth Lord Chandos, died in 1728, leaving Issue Two Sons Robert and James, both since deceased, without Issue.
"That by the Death of his Grace the Third and last Duke of Chandos, all the Male Issue from Charles, Second Son of John the First Lord Chandos, is become extinct, and the Title and Dignity of Baron Chandos, as your Petitioner conceives, devolves on him as the Lineal Descendant, and Heir Male of the Body of Anthony Bridges, the Third Son of John the First Lord Chandos.
"That the said Anthony Bridges, Third Son of John the First Lord Chandos, had Issue One Son Robert, who settled at Maidstone, in Kent, where he was buried 15th July 1636, leaving Edward Bridges his Son and Heir, who by Katherine his Wife, Daughter and Heir of John Sharpe, of Feversham, in the said County, had Issue John his only surviving Son, who was born at Ospringe in 1634, and died in 1699, leaving John Bridges of Wootton Court, Esquire, his Son and Heir, who by Jane his Wife, Daughter and Heir of Edward Gibbon, of West Cliffe, in the said County, Esquire, had Issue Two Sons, John who was born in 1710, and died unmarried in 1780, and Edward who became Heir to his Brother.
"That the said Edward Bridges, of Wootton Court Esquire, married Jemima Daughter and Co-heir of William Egerton Doctor of Laws, Prebendary of Canterbury, &c. and Grandson of John Earl of Bridgwater, and dying in November 1780, left Issue the Petitioner and several other Children.
"Your Majesty's Petitioner therefore most humbly prays, that Your Majesty will be graciously pleased to admit his Claim to the said Dignity, and to order a Writ to be issued to summon Your Petitioner to this present Parliament by the Title of Baron Chandos of Sudeley.
"And Your Majesty's Petitioner shall, &c.
Whitehall,
17th April 1790."
Edward Tymewell Brydges."
"His Majesty being moved upon this Petition is graciously pleased to refer the same, (together with the Report of the Attorney General thereunto annexed) to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.
"W. W. Grenville."
Ordered, That the said Petition, with His Majesty's Reference thereof to this House, and the Attorney General's Report thereunto annexed, be referred to the Consideration of the Lords Committees for Privileges; whose Lordships, having considered thereof, as also of the Report annexed, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House.
Hastings' Trial, Judges Opinion delivered on Question put to them:
The Order of the Day being read for the Judges to deliver their Opinions upon the Question put to them on Thursday last;
The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges upon the said Question, "That it is not competent to the Managers for the Commons to give Evidence upon the Charge in the Sixth Article to prove that the Rent at which the Defendant Warren Hastings let the Lands mentioned in the said Sixth Article of Charge, to Kelleram, fell into Arrear, and was deficient;" and gave his Reasons.
Resolution thereupon:
Then it was moved to resolve, "That it is not competent to the Managers for the Commons to give Evidence upon the Charge in the Sixth Article to prove that the Rent at which the Defendant Warren Hastings let the Lands mentioned in the said Sixth Article of Charge to Kelleram, fell into Arrear, and was deficient."
The Question was put thereupon?
It was resolved in the Affirmative.
Managers for H. C. to be informed thereof.
Ordered, That the Managers for the Commons be informed, "That the Lords have resolved that it is not competent to the Managers for the Commons to give Evidence upon the Charge in the Sixth Article to prove that the Rent at which the Defendant Warren Hastings let the Lands mentioned in the said Sixth Article of Charge to Kelleram, fell into Arrear, and was deficient."
Trial proceeded in.
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 it is not competent to the Managers for the Commons to give Evidence upon the Charge in the Sixth Article, to prove that the Rent at which the Defendant Warren Hastings let the Lands mentioned in the said Sixth Article of Charge to Kelleram, fell into Arrear, and was deficient."
Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge."
Whereupon, a Witness was called in, sworn, and examined, and several Papers read.
Then Mr.—Young was called in, sworn, and examined; and the Managers having proposed to put the following Question to the Witness; (videlicet)
"What Impression the letting of the Lands to Kelleram and Cullian Sing made on the Minds of the Inhabitants of that Country?"
The same was objected to by the Counsel for the Defendant.
The Managers for the Commons being heard in answer to the said Objection, and the Counsel in Reply:
The House adjourned to the Chamber of Parliament; and being returned:
The House was resumed.
Question put to Judges:
It was proposed, "That the following Question be put to the Judges; (videlicet)
"Whether it be competent for the Managers for the Commons to put the following Question to the Witness upon the Sixth Article of Charge, (videlicet) What Impression the letting of the Lands to Kelleram and Cullian Sing made on the Minds of the Inhabitants of that Country?"
The Question was put thereupon?
It was resolved in the Affirmative.
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 Thursday next.
Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Thursday Morning next, at Ten o'Clock, in Westminster Hall.
Message to H. C. that this House will proceed in the Trial.
A Message was sent to the House of Commons, by Mr. Leeds and Mr. Walker, to acquaint them therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 28o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Bills passed by Commission.
The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Duke of Leeds on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."
Who being come, with their Speaker;
The Lord Chancellor said,
"My Lords, and Gentlemen of the House of Commons,
"His Majesty, not thinking fit to be personally presen here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission you will now hear read."
Then the said Commission was read by the Clerk as follows; (videlicet)
"GEORGE R.
"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and ninety." "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 ninety." "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety," together with those named in Two former Acts, for appointing Commissioners of the Land Tax." "An Act to continue the several Laws therein mentioned, relating to encouraging the Manufacture of Leather by lowering the Duty payable upon the Importation of Oak Bark, when the Price of such Bark shall exceed a certain Rate; 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 the Artificers and Workmen employed in those Manufactures, to go into Parts beyond the Seas; and to the ascertaining the Strength of Spirits by Clarke's Hydrometer." "An Act for continuing the Encouragement and Reward of Persons making certain Discoveries for finding the Longitude at Sea, or making other useful Discoveries and Improvements in Navigation, and for making Experiments relating thereto, and for adding a Commissioner to execute the several Acts for the Discovery of the Longitude at Sea." "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers." "An Act for improving, continuing, and extending the Navigation of the River Ouse, from Lewes Bridge, at the Town of Lewes, to Hammer Bridge, in the Parish of Cuckfield, and to the Extent of the said Parish of Cuckfield; and also of a Branch of the said River to Shortbridge, in the Parish of Fletching, in the County of Sussex." "An Act for more effectually embanking the Marsh called Malldraeth and Corsddaugau, in the County of Anglesey, and draining and preserving the same, and the enclosed Low Lands contiguous thereto." "An Act for making, amending, and keeping in Repair, the Road from Fosbrook, in the Parish of Dillorn through Dillorn, and from thence to or near to Chedleton, in the County of Stafford." "An Act to enlarge the Terms and Powers of Three several Acts, made in the Thirteenth Year of the Reign of King George the First, the Twenty-first Year of the Reign of King George the Second, and the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Bromsgrove, in the County of Worcester, to the Town of Birmingham, in the County of Warwick." "An Act for making, amending, widening, and keeping in Repair, a Road, from Eve Hill, near Dudley, to the New Inn, in the Parish of Pattingham, and from the Turnpike Road at or near Street End, in the Parish of Kingswinford, to the Turnpike Road leading from Dudley to Wolverhampton, in the Counties of Worcester, Salop, and Stafford." "An Act to continue the Term, and alter and enlarge the Powers of an Act of the Tenth Year of His present Majesty, for repairing the Road from Biggleswade, in the County of Bedford, through Bugden and Alconbury, to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common, in the County of Huntingdon; and also the Road leading out of the aforesaid Road, at or near the Ferry House, in the Parish of Tempsford, to and through Little Barford, Eynesbury, and Saint Neots, to the Turnpike Road at the End of Cross Hall Lane." "An Act for embanking the Common Salt Marsh within the Parishes of Terrington Saint Clement's, and Terrington Saint John's, in the County of Norfolk; and for dividing and enclosing the same, and other Commons within the said Parishes." "An Act for dividing and allotting the Open and Commonable Lands, within the Manor of Deverill Longbridge, Hussey Deverill, and Monkton Deverill, in the County of Wilts." "An Act for draining, dividing, and enclosing certain Moors, Commons, or Waste Lands, called Edington, otherwise Burtle Moor, East Heath, West Heath, and Clyde Batch, within the Hamlet of Edington, and Parish of Moorlinch, in the County of Somerset." "An Act for dividing and enclosing the Open Common Fields and other Commonable Lands, within the Parish of Dormstone, in the County of Worcester." "An Act for dividing and enclosing the Open Common Fields, Pastures, and other Commonable Lands, and Waste Grounds, within the Parish of Harby, in the County of Leicester." "An Act for naturalizing Willem Blaauw." And albeit the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto: Yet nevertheless, the same are not of Force and Effect in the Law without Our Royal Assent given, and put to the said Acts: And forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts: Willing that the said Acts and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same; and We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also by these Presents, Our right trusty and well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding Our most dear and entirely beloved Son and most faithful Counsellor George Prince of Wales; Our most dear Sons and faithful Counsellors Frederick Duke of York; William Duke of Clarence; Our most dear Brothers and faithful Counsellors William Duke of Gloucester; Henry Duke of Cumberland; the most Reverend Father in God Our right trusty and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and right well-beloved Cousin and Counsellor Charles Earl Camden, President of Our Council; Our right trusty and entirely beloved Cousin and Counsellor Granville Marquis of Stafford, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors John Frederick Duke of Dorset, Steward of Our Household; Charles Duke of Richmond; Francis Duke of Leeds, One of Our Principal Secretaries of State; George Duke of Montagu, Master of Our Horse; Our right trusty and entirely beloved Cousins and Counsellors James Marquis of Salisbury, Chamberlain of Our Household; Thomas Marquis of Bath, Groom of Our Stole; Our right trusty and right well-beloved Cousins and Counsellors John Earl of Chatham, First Commissioner of Our Admiralty; Henry Earl Bathurst; and Our right trusty and well-beloved Counsellor Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words in our Name as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts in the Parliament Roll, and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf; and finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament, and Laws to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.
"Witness Ourself, at Westminster, the Twenty-eighth Day of April, in the Thirtieth Year of Our Reign.
By the King Himself, signed with His own Hand.
"Yorke."
Then the Lord Chancellor said,
"In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, we do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned, and the Clerks are required to pass the same in the usual Form and Words."
Then the Clerk Assistant, having received the Money Bills from the Hands of the Speaker, brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follows; (videlicet)
1. "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 ninety."
2. "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 ninety."
To these Bills, the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Le Roy remercie ses bons Sujets accepte leur Benevolence et ainsi le veult."
3. "An Act for appointing Commissioners to put in Execution an Act of this Session of Parliament, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety," together with those named in Two former Acts, for appointing Commissioners of the Land Tax."
4. "An Act to continue the several Laws therein mentioned, relating to encouraging the Manufacture of Leather by lowering the Duty payable upon the Importation of Oak Bark, when the Price of such Bark shall exceed a certain Rate; 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 ascertaining the Strength of Spirits by Clarke's Hydrometer."
5. "An Act for continuing the Encouragement and Reward of Persons making certain Discoveries for finding the Longitude at Sea, or making other useful Discoveries and Improvements in Navigation, and for making Experiments relating thereto; and for adding a Commissioner to execute the several Acts for the Discovery of the Longitude at Sea."
6. "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."
7. "An Act for improving, continuing, and extending the Navigation of the River Ouse, from Lewes Bridge, at the Town of Lewes, to Hammer Bridge, in the Parish of Cuckfield, and to the Extent of the said Parish of Cuckfield; and also of a Branch of the said River to Shortbridge, in the Parish of Fletching, in the County of Sussex."
8. "An Act for more effectually embanking the Marsh called Malldraeth and Corsddaugau, in the County of Anglesey, and draining and preserving the same, and the enclosed Low Lands contiguous thereto."
9. "An Act for making, amending, and keeping in Repair the Road, from Fosbrook, in the Parish of Dillorn, through Dillorn, and from thence to or near to Chedleton, in the County of Stafford."
10. "An Act to enlarge the Terms and Powers of Three several Acts made in the Thirteenth Year of the Reign of King George the First, the Twenty-first Year of the Reign of King George the Second, and the Eleventh Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Bromsgrove, in the County of Worcester, to the Town of Birmingham, in the County of Warwick."
11. "An Act for making, amending, widening, and keeping in Repair, a Road from Eve Hill near Dudley, to the New Inn, in the Parish of Pattingham, and from the Turnpike Road at or near Street End, in the Parish of Kingswinford, to the Turnpike Road leading from Dudley to Wolver hampton, in the Counties of Worcester, Salop, and Stafford."
12. "An Act to continue the Term and alter and enlarge the Powers of an Act of the Tenth Year of His present Majesty, for repairing the Road from Biggleswade, in the County of Bedford, through Bugden and Alconbury, to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common, in the County of Huntingdon; and also the Road leading out of the aforesaid Road at or near the Ferry House, in the Parish of Tempsford, to and through Little Barford, Eynesbury, and Saint Neots, to the Turnpike Road at the End of Cross Hall Lane."
To these Bills, the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Le Roy le veult."
13. "An Act for embanking the Common Salt Marsh within the Parishes of Terrington Saint Clement's and Terrington Saint John's, in the County of Norfolk; and for dividing and enclosing the same and other Commons within the said Parishes."
14. "An Act for dividing and allotting the Open and Commonable Lands within the Manor of Deverill Longbridge, Hussey Deverill, and Monkton Deverill, in the County of Wilts."
15. "An Act for draining, dividing, and enclosing certain Moors, Commons, or Waste Lands, called Edington, otherwise Burtle Moor, East Heath, West Heath, and Clyde Batch, within the Hamlet of Edington, and Parish of Moorlinch, in the County of Somerset."
16. "An Act for dividing and enclosing the Open Common Fields and other Commonable Lands within the Parish of Dormstone, in the County of Worcester."
17. "An Act for dividing and enclosing the Open Common Fields, Pastures, and other Commonable Lands and Waste Grounds, within the Parish of Harby, in the County of Leicester."
18. "An Act for naturalizing Willem Blaauw."
To these Bills, the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)
"Soit fait comme il est desiré."
Then the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
Kinloch et al. against Craig, in Error.
The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein George Farquhar Kinloch and others are Plaintiffs, and James Craig is Defendant, brought in Order to reverse a Judgement given in the Court of King's Bench for the said Defendant; and for the Judges to attend:
Counsel were accordingly called in.
And the First Counsel for the Plaintiff having been in Part heard:
The Counsel were directed to withdraw.
Ordered, That the further Hearing of the said Cause be put off to Friday next; and that the Cause which stands for Friday next be put off to Monday next; and that the rest of the Causes be removed in Course.
Waterbeach Drainage Bill.
A Message was brought from the House of Commons, by Sir Charles Gould and others:
With a Bill, intituled, "An Act to alter and amend an Act made in the Fourteenth Year of the Reign of His late Majesty King George the Second, intituled, An Act for the effectual draining and Preservation of Waterbeach Level, in the County of Cambridge; and to establish an Agreement made between the Lord of the Manor of Waterbeach cum Denny, and the Commoners within the said Manor;" to which they desire the Concurrence of this House.
Stourport Canal Bill
A Message was brought from the House of Commons, by Mr. Bastard and others:
With a Bill, intituled, "An Act to enable the Company of Proprietors of the Staffordshire and Worcestershire Canal Navigation, to improve the Navigation of the River Severn from Stourport, in the County of Worcester, to a Place called Diglis, near the City of Worcester;" to which they desire the Concurrence of this House.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum nonum diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 29o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Stourport Canal Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Company of the Proprietors of the Staffordshire and Worcestershire Canal Navigation, to improve the Navigation of the River Severn from Stourport, in the County of Worcester, to a Place called Diglis, near the City of Worcester."
Waterbeach Drainage Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to alter and amend an Act made in the Fourteenth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for the effectual draining and Preservation of Waterbeach Level, in the County of Cambridge; and to establish an Agreement made between the Lord of the Manor of Waterbeach cum Denny, and the Commoners within the said Manor."
Ramsgate Chapel Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for establishing a Chapel at Ramsgate, in the Parish of Saint Lawrence, in the Isle of Thanet, in the County of Kent, as a Chapel of Ease to the Church of the same Parish."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet Tomorrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Bowbrickhill, &c. Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, Heath, and Waste Grounds, within the Parish of Bowbrickhill, and Hamlet of Fenny Stratford, in the County of Buckingham."
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.
Abingdon Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Eighth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Mayor's Stone in Abingdon, in the County of Berks, through Cumner, to the ancient Horse Road at Swinford, in the said County."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforesaid:
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Tamer Ferry Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for authorising and enabling the Right Honourable George Earl of Mount Edgcumbe and Reginald Pole Carew Esquire, to establish and maintain a Common Ferry over and across the River Tamer, between a certain Place North of Plymouth Dock, in the Parish of Stoke Damarel, in the County of Devon, and Torpoint, in the Parish of Antony Saint Jacob, otherwise Antony in the East, in the County of Cornwall."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Road Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing Part of a certain Common or Waste Land, called Road Common, within the Manor of Road and Langham, in the Parishes of Road and North Bradley, in the Counties of Somerset and Wilts."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Dudley Canal Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for effectually carrying into Execution Two Acts of the Sixteenth and Twenty-fifth Years of His present Majesty, for making and maintaining a Navigable Canal from the Stourbridge Navigation to the Birmingham, and Birmingham and Fazely Canal Navigations, in the Counties of Worcester and Stafford."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Micklcover Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Common Meadows, and Pastures, Common and Waste Lands, in the Liberty or Lordship of Mickleover, in the County of Derby."
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. Graves and Mr. Leeds:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Bleatarn Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Waste Grounds, within the Manor of Bleatarn, in the Parish of Warcop, in the County of Westmorland."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was resolved in the Affirmative.
Honiton Paving Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for paving and otherwise improving the Town of Honiton, in the County of Devon."
The following Amendment was proposed to be made to the said Bill:
Pr. 20. L. 18 & 19. Leave out ("it shall be lawful to place"), and in Line 19, after ("Money") insert ("shall be placed")"
The same was agreed to, and ordered accordingly.
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Messages to H. C. with Amendments to the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To return the said Bills, and acquaint them, That the Lords have agreed to the same, with Amendments, to which their Lordships desire their Concurrence.
Linlithgow Roads Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to continue the Term, and alter the Powers of so much of Two Acts made in the Twenty-fifth and Thirty-first Years of the Reign of His late Majesty, for repairing several Roads in the Counties of Linlithgow and Stirling, as relates to the Roads lying within the County of Linlithgow," 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."
Watton Road Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Stephen's Gate, in the County of the City of Norwich, to the Windmill, in the Town of Watton, in the County of Norfolk," was committed.
Cotgrave Enclosure Bill.
The Lord Bishop of Bangor reported from the Lords Committees, to whom the Bill, intituled, "An Act to confirm and establish the Division, Allotments, and Enclosure of the Open Fields, Meadows, Pastures, Commons, and Waste Grounds, lying in the Parish of Cotgrave, in the County of Nottingham; and also, several Exchanges of Lands within 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 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."
Hastings' Trial, Judges Opinion delivered on Question put to them:
The Order of the Day being read for the Judges to deliver their Opinions upon the Questions put to them on Tuesday last:
The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges upon the said Question, "That it is not competent to the Managers for the Commons, to put the following Question to the Witness upon the Sixth Article of Charge, (viz.) What Impression the letting of the Lands to Kelleram and Cullian Sing made on the Minds of the Inhabitants of that Country?" And gave his Reasons.
Resolution thereupon:
Then it was moved to resolve, "That it is not competent to the Managers for the Commons, to put the following Question to the Witness upon the Sixth Article of Charge; (viz.) "What Impression the letting of the Lands to Kelleram and Cullian Sing made on the Minds of the Inhabitants of that Country?"
The Question was put thereupon?
It was resolved in the Affirmative.
Managers for H. C. to be informed thereof:
Ordered, That the Managers for the Commons be informed, "That the Lords have resolved, that it is not competent to the Managers for the Commons to put the following Question to the Witness upon the Sixth Article of Charge; (viz.) What Impression the letting of the Lands to Kelleram and Cullian Sing made on the Minds of the Inhabitants of that Country?"
Trial proceeded in:
The Order of the Day being read for the proceeding further on 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 Tuesday 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 it is not competent to the Managers for the Commons to put the following Question to the Witness upon the 6th Article of Charge; (viz.) "What Impression the letting of the Lands to Kelleram and Cullian Sing made on the Minds of the Inhabitants of that Country?"
Then the Lord Chancellor acquainted the Managers for the Commons, "They might proceed to make good their Charge."
Then Mr. Young was called in, sworn, and examined.
And the Managers having proposed to put the following Question to the Witness; (videlicet)
"Whether more Oppressions did actually exist under the new Institution than under the old?"
The same was objected to by the Counsel for the Defendant.
The Managers for the Commons being heard in answer to the said Objection; and the Counsel in Reply:
The House adjourned to the Chamber of Parliament; and being returned:
The House was resumed.
Question put to Judges:
It was proposed, "That the following Question be put to the Judges; (videlicet)
"Whether it be competent to the Managers for the Commons to put the following Question to the Witness upon the Seventh Article of Charge; (videlicet)
"Whether more Oppressions did actually exist under the new Institution than under the old?"
The Question was put thereupon?
It was resolved in the Affirmative.
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 Tuesday next.
Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Tuesday Morning next, at Ten o'Clock, in Westminster Hall.
Message to H. C. that this House will proceed in the Trial.
A Message was sent to the House of Commons, by Mr. Graves and Mr. Leeds, to acquaint them therewith.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 30o Aprilis 1790.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Baillie against Chalmers.
The Answer of Mrs. Elizabeth Chalmers, Relict of Archibald Scott, late Surgeon in Musselburgh, to the Appeal of James Baillie of Olivebank Esquire, was this Day brought in.
Kinloch et al. against Craig, in Error.
The Order of the Day being read for hearing Counsel further to argue the Errors assigned upon the Writ of Error, wherein George Farquhar Kinloch and others are Plaintiffs, and James Craig is Defendant; and for the Judges to attend:
Counsel were accordingly called in.
And the Counsel for the Plaintiffs having been fully heard:
As also, One Counsel for the Defendant:
The Counsel were directed to withdraw.
Ordered, That the further hearing of the said Cause be put off to Monday next, and that the Judges do then attend; and that the Cause which stands for Monday next be put off to Wednesday next; and that the rest of the Causes be removed in Course.
Stirling Roads Bill:
A Message was brought from the House of Commons, by Sir Thomas Dundas and others:
With a Bill, intituled, "An Act to continue the Term and alter the Powers of so much of Two Acts made in the Twenty-fifth and Thirty-first Years of the Reign of His late Majesty, for repairing several Roads in the Counties of Linlithgow and Stirling, as relates to the Roads lying within the County of Stirling; and for repairing the Road from Loanhead to Saint Ninian's, in the said County of Stirling;" to which they desire the Concurrence of this House.
Stirling and Dumbarton Roads Bill.
A Message was brought from the House of Commons, by Sir Thomas Dundas and others:
With a Bill, intituled, "An Act for repairing several Roads in the Counties of Stirling and Dumbarton;" to which they desire the Concurrence of this House.
Scotch Terms Bill.
A Message was brought from the House of Commons, by Sir Thomas Dundas and others:
To return the Bill, intituled, "An Act for altering the Time appointed for holding the Summer Session in the Court of Session in Scotland; and for altering Whitsuntide and Lammas Terms in the Court of Exchequer in Scotland;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.
Honiton Paving Bill.
A Message was brought from the House of Commons, by Sir George Yonge and others:
To return the Bill, intituled, "An Act for paving and otherwise improving the Town of Honiton, in the County of Devon;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.
Hans Town Streets Bill.
A Message was brought from the House of Commons, by Mr. Dickenson and others:
With a Bill, intituled, "An Act for forming and keeping in Repair the Streets and other Public Passages and Places within a certain District in the Parish of Saint Luke, Chelsea, in the County of Middlesex, called Hans Town, and for otherwise improving the same;" to which they desire the Concurrence of this House.
De Luc's Naturalization Bill.
A Message was brought from the House of Commons, by Sir George Howard and others:
With a Bill, intituled, "An Act for naturalizing Francoise Antoinette de Luc;" to which they desire the Concurrence of this House.
Lutterworth Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Hungerford and others:
With a Bill, intituled, "An Act for dividing and en closing the Open Fields and Commonable Places in the Parish of Lutterworth, in the County of Leicester;" to which they desire the Concurrence of this House.
Bleatarn Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Brett and others:
To return the Bill, intituled, "An Act for dividing and enclosing the Common and Waste Grounds within the Manor of Bleatarn, in the Parish of Warcop, in the County of Westmorland;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.
Beaumont Peerage, Committee to meet.
Upon reading the Petition of Thomas Stapleton Esquire, Claimant of the Barony of Beaumont, setting forth, "That the Petitioner's printed Case upon his Claim of the said Barony having been delivered, or lodged on their their Lordships Table;" the Petitioner therefore humbly prays their Lordships will be pleased to order, "That the Lords Committees for Privileges do meet to consider of this Claim on Monday the 17th Day of May next, or such other Day as their Lordships shall please to appoint:"
It is Ordered, That the Lords Committees for Privileges do meet to consider of the said Claim on Monday the 17th Day of May next, as desired; and that Notice thereof be given to His Majesty's Attorney General.
Strathallan peerage, Committee deferred.
Ordered, That the sitting of the Committee for Privileges, to whom the Petition of Andrew John Drummond, Lieutenant Colonel in His Majesty's Service, to His Majesty, claiming the Honours and Dignity of Viscount Strathallan, Lord Madertie, and Lord Drummond of Cromlix, with His Majesty's Reference thereof to this House, is referred, which stands appointed for Monday next, be put off to Wednesday next; and that Notice thereof be given to His Majesty's Attorney General and the Lord Advocate for Scotland; and that the Judges do then attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Maii, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.