House of Lords Journal Volume 36
May 1782 6-10

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History of Parliament Trust

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1767-1830

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469-490

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'House of Lords Journal Volume 36: May 1782 6-10', Journal of the House of Lords volume 36: 1779-1783 (1767-1830), pp. 469-490. URL: http://british-history.ac.uk/report.aspx?compid=116704 Date accessed: 23 November 2014.


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May 1782 6-10

DIE Lunæ, 6o Maii 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Carliol.
Epus. Bangor.
Epus. Lincoln.
Epus. Meneven.
Epus. Litch. & Cov.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Dux Grafton, C. P. S.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Queensberry.
Dux Chandos.
Comes Derby.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Peterborough & Monmouth.
Comes Essex.
Comes Doncaster.
Comes Berkeley.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Glencairn.
Comes Cassillis.
Comes Galloway.
Comes Aberdeen.
Comes Rosebery.
Comes Ferrers.
Comes Effingham.
Comes Gower.
Comes Bucks.
Comes Fitzwilliam.
Comes Egremont.
Comes Temple.
Comes Harcourt.
Comes Northington.
Comes Radnor.
Comes Spencer.
Comes Chatham.
Comes Bathurst.
Comes Clarendon.
Viscount Hereford.
Viscount Montague.
Viscount Townshend.
Viscount Stormont.
Viscount Leinster.
Viscount Dudley & Ward.
Viscount Maynard.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Ds. Percy.
Ds. De Ferrars.
Ds. Paget.
Ds. Say & Sele.
Ds. Craven.
Ds. Boyle.
Ds. Middleton.
Ds. King.
Ds. Monson.
Ds. Chedworth.
Ds. Sandys.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Vere.
Ds. Walpole.
Ds. Wycombe.
Ds. Grantham.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Beaulieu.
Ds. Vernon.
Ds. Ducie.
Ds. Digby.
Ds. Sundridge.
Ds. Hawke.
Ds. Harrowby.
Ds. Foley.
Ds. Loughborough.
Ds. Gage.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Ashburton.
Ds. Grantley.

PRAYERS.

McAdams against Magistrates of Ayr.

The Answer of the Magistrates and Town Council of Ayr, to the Appeal of Quintin McAdam of Grimmet Esquire was this Day brought in.

Warner against White, in Error.

The Order of the Day being read for the further Consideration of the Cause upon the Writ of Error, wherein Robert Warner is Plaintiff, and Hamilton White Esquire Defendant; and for the Judges to attend.

Judges Opinion delivered:

The Lord Chief Baron of the Court of Exchequer having conferred with the Rest of the Judges present, delivered their unanimous Opinions upon the Question of Law, put to them on Tuesday last.

"That in the Event which has happened, the Defendant Hamilton White took an Estate Tail in the Lands of Bantry, under the Devise to him for Default of Issue of Simon White;" and gave his Reasons.

Whereupon,

The following Order and Judgement was made:

Judgment affirmed.

After hearing Counsel, as well on Monday the 29th, as Tuesday the 30th Days of April last, to argue the Errors assigned upon the Writ of Error brought into this House the 4th of February 1782, wherein Robert Warner is Plaintiff, and Hamilton White Esquire Defendant, in order to reverse a Judgement given in the Court of King's Bench for the said Defendant, reversing a Judgement of the Court of King's Bench in Ireland, and hearing the unanimous Opinion of the Judges present upon a Question of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of King's Bench in England, reversing the Judgement of the Court of King's in Ireland, be and the same is hereby affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement to be affixed to the Transcript of the Record to be remitted, is as follows:

"On which Day before the same Court of Parliament at Westminster, come as well the said Robert Warner as the said Hamilton White Esquire, in their proper Persons; but because the Court of Parliament aforesaid now here, are not yet advised to give their Judgement of and upon the Premises, Day therefore is given, as well to the said Robert Warner as to the said Hamilton White Esquire, before the same Court of Parliament until Monday the 6th Day of May next ensuing, wheresoever, &c. to hear their Judgement thereon, because the Court of Parliament aforesaid, here thereof not yet, &c. on which Day before the same Court of Parliament at Westminster come, as well the said Robert Warner as the said Hamilton White Esquire, in their proper Persons; whereupon all and singular the Premises being seen, and by the Court of Parliament aforesaid now here, fully understood, and as well the Record and Proceedings aforesaid, and the Judgement thereon given in the said Court of King's Bench at Westminster, as the said Causes and Matters by the said Robert Warner above assigned for Error, being diligently examined and inspected, and mature Deliberation being thereon had, it seems to the Court of Parliament aforesaid now here, that there is not any Error in the Record and Proceedings aforesaid, in giving the Judgement aforesaid in the Court of King's Bench at Westminster; and that the said Record of the said Judgement given in the said Court of King's Bench at Westminster, is in nowise vicious or defective; therefore it is considered by the Court of Parliament aforesaid, That the Judgement aforesaid given in the said Court of King's Bench at Westminster, for the reversing the said Judgement given in the said Court of King's Bench in Ireland, be in all Things affirmed, and remain in full Force and Effect, the said Causes and Matters by the said Robert Warner above, for Error assigned in anywise notwithstanding; and thereupon the Record aforesaid, as also the Proceedings aforesaid in the same Court of Parliament in the Premises, had, by the same Court of Parliament into the Court of the said Lord the King, before the King Himself wheresoever, &c. are remitted."

Spitalfields Paving, &c. Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for making a Passage for Carriages from Spitalfields to Bishopsgate Street, in the County of Middlesex, and for paving the same; and for appropriating to those Purposes the Money arisen by virtue of an Act passed in the Eighteenth Year of His present Majesty, for applying the Sum of Nine thousand Pounds to arise out of the Orphans Fund, for making such Passage," 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."

D. Hamilton's Petition, praying a Wr[...] as D. Brandon: Committee to meet.

Ordered, That the Lords Committees for Privileges do meet to consider of the Petition of Douglas Duke of Hamilton and Brandon, to His Majesty, praying, "That His Majesty would be graciously pleased to give Directions, that a Writ be issued to summon the Petitioner to Parliament by the Title of the Duke of Brandon;' and also His Majesty's Reference thereof to this House, together with the Report of His Majesty's Attorney General thereupon, on Monday the 13th Day of this Instant May; and that Notice thereof be given to His Majesty's Attorney General.

Fullwood against Philip.

Upon reading the Petition and Appeal of Jonathan Fullwood, Merchant near Edinburgh, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 18th and 19th of June 1781; also of an Interlocutor of the Lords of Session there of the 3d of July 1781; also of Two other Interlocutors of the Lords Ordinary there, of the 15th of August 1781 and 29th of April 1782; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Philip, Wright in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Philip may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 3d Day of June next; and Service of this Order upon any of the Counsel or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Broseley, &c. Small Debts Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Parishes of Broseley, Benthall, Madeley, Barrow, Linley, Willey, Little Wenlock, and Dawley, and an Extraparochial Place called Posnall, in the County of Salop."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Hett:

To return the said Bill, and acquaint them, That the Lords have agreed to the same with some Amendments, to which their Lordships desire their Concurrence.

Wrexham Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening and keeping in Repair the Road from Wrexham, in the County of Denbigh, to Barnhill, in the County of Chester."

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

It was resolved in the Affirmative.

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

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

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

Peers Pedigrees referred to Committee of Privileges.

Ordered, That the Pedigrees of Charles Duke of Rutland, James Earl of Salisbury, George Earl of Winchelsea and Nottingham, Other Earl of Plymouth, Robert Earl Ferrers, Heneage Earl of Aylesford, Frederick Earl of Bristol, George Edward Henry Arthur Earl Powis, George Earl of Egremont, George Grenville Nugent Earl Temple, George Viscount Falmouth, George Viscount Mount Edgcumbe and Valletort, George Viscount Sackville, Henry Lord Teynham, Henry Lord Middleton, John Lord Chedworth, William Lord Ponsonby, Aubrey Lord Vere, Henry Stawell Bilson Lord Stawell, George Venables Lord Vernon, Martin Bladen Lord Hawke, Alexander Lord Loughborough, William Hall Lord Gage, William Lord Bagot, John Lord Ashburton, and Fletcher Lord Grantley, be referred to the Lords Committees for Privileges; and that they do meet to consider the same on Monday next.

E. Aboyne against E. Aberdeen.

A Petition of George Earl of Aberdeen, Respondent in a Cause depending in this House, to which Charles Earl of Aboyne is Appellant, which stands appointed for Hearing, was presented and read; setting forth, "That this Appeal is brought merely for the Purpose for Delay; that some of the Respondent's Witnesses are very old, upwards of Fourscore Years, and there is the greatest Danger by Delay that their Evidence may be lost; that the Respondent, during the Dependance of this Question, will in a great Measure, be deprived of the Use of extensive Forests, being prevented from making Shiellings or Huts of Turf for the Shelter of his Herdmen, and Buckets or Folds for keeping their Cattle in the Night Time;" and therefore praying their Lordships, "To appoint this Cause to be heard on Tuesday the 28th of this Instant May, or on such other Bye Day in the present Session as to their Lordships shall seem proper."

And thereupon the Agents on both Sides were called in, and heard at the Bar, and being withdrawn;

Ordered, That this House will hear the said Cause by Counsel at the Bar, on Tuesday the 28th Day of this Instant May, as desired.

Revenue Officers Voting Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act for better securing the Freedom of Elections of Members to serve in Parliament, by disabling certain Officers employed in the Collection or Management of His Majesty's Revenues from giving their Votes at such Elections," which stands appointed for To-morrow, be put off to Thursday next; and that the Lords be summoned.

Kew Bridge Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, "An Act for building a Stone Bridge cross the River of Thames, from the Parish of Ealing, in the County of Middlesex, to the opposite Shore, in the Hamlet of Kew, in the County of Surrey;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

McAdam, against Magistrates, &c. of Ayr.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Quintin McAdam Esquire is Appellant, and the Magistrates and Town Council of Ayr are Respondents:"

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

Tarporley Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge near Weverham, in the same County."

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

Ld. President.
Ld. Privy Seal.
D. Richmond.
D. Beaufort.
D. Bolton.
D. Queensberry.
D. Chandos.
E. Derby.
E. Suffolk & Berkshire.
E. Denbigh.
E. Peterborough & Monmouth.
E. Essex.
E. Doncaster.
E. Berkeley.
E. Rochford.
E. Coventry.
E. Jersey.
E. Cholmondeley.
E. Glencairn.
E. Cassillis.
E. Galloway.
E. Aberdeen.
E. Rosebery.
E. Ferrers.
E. Effingham.
E. Gower.
E. Bucks.
E. Fitzwilliam.
E. Egremont.
E. Temple.
E. Harcourt.
E. Northington.
E. Radnor.
E. Spencer.
E. Chatham.
E. Bathurst.
E. Clarendon.
V. Hereford.
V. Montague.
V. Townshend.
V. Stormont.
V. Leinster.
V. Dudley & Ward.
V. Maynard.
V. Mount Edgcumbe & Valletort.
V. Sackville.
L. Abp. York.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Lincoln.
L. Bp. St. David's.
L. Bp. Litch. & Cov.
L. Percy.
L. De Ferrars.
L. Paget.
L. Say & Sele.
L. Craven.
L. Boyle.
L. Middleton.
L. King.
L. Monson.
L. Chedworth.
L. Sandys.
L. Fortescue.
L. Ravensworth.
L. Ponsonby.
L. Vere.
L. Walpole.
L. Wycombe.
L. Grantham.
L. Grosvenor.
L. Scarsdale.
L. Beaulieu.
L. Vernon.
L. Ducie.
L. Digby.
L. Sundridge.
L. Hawke.
L. Harrowby.
L. Foley.
L. Loughborough.
L. Gage.
L. Walsingham.
E. Bagot.
L. Porchester.
L. Ashburton.
L. Grantley.

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

Ashborne, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of so much of an Act made in the Second Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the High Road leading from Ashborne, in the County of Derby, to the Town of Leek, in the County of Stafford; and from Ryecroft Gate upon Rushton Common, to Congleton, in the County of Chester; and also the Road leading from Blyth Marsh, in the County of Stafford, through Cheadle, Oakamoor, and Blore, to the Turnpike Road from Ashborne to Buxton, near Thorp, in the County of Derby," as relates to the District of Road between Ashborne and Congleton; and for repairing the Road from the End of Ashborne Church Yard, to the Top of the Dig Street, in Ashborne aforesaid."

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

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

Contractors Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for restraining any Person concerned in any Contract, Commission or Agreement, made for the Public Service, from being elected, or sitting and voting as a Member of the House of Commons;" and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, "That they had been in Consideration of the said Bill, and had made some Progress therein; and desire another Time may be appointed for the House to be in a Committee again, to consider further of the said Bill."

Ordered, That the House be put into a Committee again upon the said Bill on Thursday next; and the Lords summoned.

Honley Enclosure Bill.

Ordered, That the Third Reading of the Bill, intituled, "An Act for dividing, enclosing, and improving the several Commons and Waste Grounds within the Manor of Honley, in the Parish of Almondbury, in the County of York; and for abolishing or settling certain other Rights or Claims within the said Manor," which stands appointed for Thursday next, be put off to Tuesday the 14th of this Instant May.

Kingston Deverill Enclosure Bill.

Ordered, That the Third Reading of the Bill, intituled, "An Act for dividing and allotting in Severalty the Open and Common Fields and Downs, Common Meadows, Common Pastures, and Commonable Places within the Parish of Kingston Deverill, in the County of Wilts," which stands appointed for Thursday next, be put off to Tuesday the 14th of this Instant May.

Causes put off.

Ordered, That the Hearing of the Cause wherein Robert Hunter Esquire, and others, are Appellants, and John Buchan Esquire is Respondent, which stands appointed for Wednesday next, be put off to Monday next; and that the Rest of the Causes on Cause Days be removed in course.

Adjourn.

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

DIE Mercurii, 8o Maii 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Asaphen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Meneven.
Epus. Bristol.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Dux Grafton, C. P. S.
Dux Manchester, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Chandos.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Peterborough & Monmouth.
Comes Essex.
Comes Berkeley.
Comes Coventry.
Comes Jersey.
Comes Cassillis.
Comes Galloway.
Comes Aberdeen.
Comes Rosebery.
Comes Ferrers.
Comes Kerr.
Comes Effingham.
Comes Fitzwilliam.
Comes Egremont.
Comes Temple.
Comes Radnor.
Comes Spencer.
Comes Bathurst.
Comes Mansfield.
Viscount Townshend.
Viscount Stormont.
Viscount Leinster.
Viscount Dudley & Ward.
Viscount Sackville.
Ds. De Ferrars.
Ds. Say & Sele.
Ds. Craven.
Ds. Middleton.
Ds. King.
Ds. Monson.
Ds. Chedworth.
Ds. Sandys.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Vere.
Ds. Wycombe.
Ds. Stawell.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Hawke.
Ds. Amherst.
Ds. Harrowby.
Ds. Loughborough.
Ds. Walsingham.
Ds. Bagot.
Ds. Porchester.
Ds. Ashburton.
Ds. Grantley.

PRAYERS.

Sir F Basset's Estate Bill.

The Lord Scarsdale reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging the Manor of Imley, otherwise Evenley, and divers Messuages, Lands, Tenements, and Hereditaments in Imley, otherwise Evenley aforesaid, and elsewhere in the County of Northampton, Part of the Estate of Sir Francis Basset of Tehidy Park, in the County of Cornwall, Baronet, from the Uses, Estates, and Trusts declared concerning the same, in and by the last Will and Testament of Francis Basset late of Tehidy Park aforesaid, Esquire, deceased; and for settling another Manor and other Lands and Hereditaments of greater Value in lieu thereof, to the like Uses," 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."

Ordered, That the said Bill be engrossed.

Ashborne, &c. Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of so much of an Act made in the Second Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the High Road leading from Ashborne in the County of Derby, to the Town of Leek, in the County of Stafford; and from Ryecroft Gate upon Rushton Common, to Congleton, in the County of Chester; and also the Road leading from Blyth Marsh, in the County of Stafford, through Cheadle, Oakamoor and Blore, to the Turnpike Road from Ashborne to Buxton, near Thorp, in the County of Derby, as relates to the District of Road between Ashborne and Congleton; and for repairing the Road from the End of Ashborne Church Yard, to the Top of the Dig Street, in Ashborne aforesaid," 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."

Tarporley Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge near Weverham, in the same County," was committed.

Pitt's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming and carrying into Execution certain Agreements entered into by John Pitt Esquire, Surveyor General of His Majesty's Woods and Forests, with Benjamin Planner, and others, relating to certain Waste Lands and other Lands in the Parish of Egham, in the County of Surrey; and for vesting the same in the said John Pitt and his Heirs, in Trust for His Majesty, His Heirs and Successors; and to effectuate the other Purposes therein 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."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Spitalfields Paving, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making a Passage for Carriages from Spitalfields to Bishopsgate Street, in the County of Middlesex, and for paving the same; and for appropriating to those Purposes the Money arisen by virtue of an Act passed in the Eighteenth Year of His present Majesty, for applying the Sum of Nine thousand Pounds to arise out of the Orphans Fund, for making such Passage."

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

It was resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Hett:

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

St. Margaret and St. John's Paving, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending the Pavement in, and for lighting some of the Streets, Lanes, Ways and Places in the Parishes of Saint Margaret and Saint John the Evangelist in Westminster, which are at present excluded from the Provisions of an Act passed in the Eleventh Year of His present Majesty, intituled, "An Act to amend and render more effectual several Acts made relating to paving, cleansing and lighting the Squares, Streets, Lanes, and other Places within the City and Liberty of Westminster, and Parts adjacent;" and for preventing Nuisances or Annoyances in or near the same; and for making an Opening from Orchard Street, and widening some Part of Wood Street and of Little Peter Street."

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

Ld. President.
Ld. Privy Seal.
Ld. Chamberlain.
D. Richmond.
D. Beaufort.
D. Chandos.
E. Suffolk & Berkshire.
E. Denbigh.
E. Peterborough & Monmouth.
E. Essex.
E. Berkeley.
E. Coventry.
E. Jersey.
E. Cassillis.
E. Galloway.
E. Aberdeen.
E. Rosebery.
E. Ferrers.
E. Kerr.
E. Effingham.
E. Fitzwilliam.
E. Egremont.
E. Temple.
E. Radnor.
E. Spencer.
E. Bathurst.
E. Mansfield.
V. Townshend.
V. Stormont.
V. Leinster.
V. Dudley & Ward.
V. Sackville.
L. Abp. Canterbury.
L. Bp. St. Asaph.
L. Bp. Peterborough.
L. Bp. Ely.
L. Bp. Lincoln.
L. Bp. St. David's.
L. Bp. Bristol.
L. De Ferrars.
L. Say & Sele.
L. Craven.
L. Middleton.
L. King.
L. Monson.
L. Chedworth.
L. Sandys.
L. Fortescue.
L. Ravensworth.
L. Ponsonby.
L. Vere.
L. Wycombe.
L. Grantham.
L. Scarsdale.
L. Boston.
L. Hawke.
L. Amherst.
L. Harrowby.
L. Loughborough.
L. Walsingham.
L. Bagot.
L. Porchester.
L. Ashburton.
L. Grantley.

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

Coal Ships Bill.

A Message was brought from the House of Commons, by Sir Thomas Clavering and others:

With a Bill, intituled, "An Act to revive and continue an Act, passed in the Sixth Year of the Reign of His present Majesty, intituled, "An Act to regulate the loading of Ships with Coals in the Ports of Newcastle and Sunderland;" to which they desire the Concurrence of this House.

Marsh Enclosure, &c. Bill.

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

With a Bill, intituled, "An Act for enclosing and leasing a Piece of Waste Land called The Marsh, within the Borough of Newcastle under Lyme, in the County of Stafford; and applying the Profits thereof in Aid of the Poors Rates of the said Borough;" to which they desire the Concurrence of this House.

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

New Bridge Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for building a Stone Bridge cross the River of Thames, from the Parish of Ealing, in the County of Middlesex, to the opposite Shore in the Hamlet of Kew, in the County of Surrey."

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

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

Wey Hill Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Second Year of His present Majesty, for repairing and widening the Road from the Turnpike Road at Wey Hill, in the County of Southampton, to the Turnpike Road at Lyde Way, in the County of Wilts."

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.

Brecon Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Thirty-third Year of the Reign of King George the Second, for repairing the Roads from the Town of Brecon to the Parish of Brobury, and to Whitney Passage, in the County of Hereford; and for building a Bridge over the River Wye at Bredwardine Passage, in the same County; so far as relates to such of the Roads comprised in the said Act as lie in the County of Hereford."

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.

Cricklade Election Bill.

The Order of the Day being read for the further Hearing of Witnesses, and also for the Hearing of Counsel against, and the Second Reading of the Bill, intituled, "An Act for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts;" and for the Lords to be summoned.

Counsel were called in.

Then John Godwin was called in, and being sworn, was examined as follows:

Q. "Whether you are a Voter at Cricklade?"

A. "Yes."

Q. "Do you know Mr. Petrie?"

A. "Yes."

Q. "Was you a Voter at the last Election?"

A. "Yes."

Q. "Had you any Conversation with Mr. Petrie relative to the last Election?"

A. "Yes, when he canvassed me."

Q. "You will not be under any Obligation to say any Thing that can affect yourself unless you like it:— What Conversation passed between you and Mr. Petrie?"

A. "Mr. Petrie asked me, 'for my Vote and Interest.' I told him, 'I was already engaged.' Mr. Gun was with me, and he desired 'that I would vote for Mr. Petrie.' I told him, 'I could not, being I had promised my Vote already.' He said, 'If I would vote for Mr. Petrie I should be served as Mr. Petrie's Friends was at a former Election.' I told him, 'I was already engaged, and I did not choose to give him my Vote."

Q. "Was it Gun or Mr. Petrie said that?"

A. "Gun."

Q. "What did Mr. Petrie say to you?"

A. "Nothing more than ask me for my Vote and Interest."

Q. "Did Mr. Petrie say any Thing of his having given any Thing at a former Election?"

A. "Mr. Petrie asked me, 'If I did not remember his Conduct at a former Election."

Q. "What was that Conduct?"

A. "His Friends had Twenty Guineas at that Election."

Q. "What did you understand to be the Meaning of Mr. Petrie's asking you that Question?"

A. "He did not say any Thing to me, Gun said I should be served as his Friends was then.

Q. "Repeat what Mr. Petrie said to you?"

A. "It must be the same I repeated already; he asked me, 'for my Vote and Interest.' I told him, I was already engaged.' He asked me, 'why I engaged so soon.' I said, 'I had, and did not choose to relinquish.' He said, 'don't you remember my former Conduct."

Q. "Then was it Mr. Petrie or Gun that said you would be treated in the same Manner now?"

A. "Gun."

Q. "Was that said in Mr. Petrie's Presence and Hearing?"

A. "Yes, he was present at the Time."

Q. "Did he contradict that?"

A. "No."

Q. "Do you know Mr. White?"

A. "Yes."

Q. "Who is he?"

A. "A Gentleman Farmer and Grazier."

Q. "Had you ever any Conversation with him about Election Affairs?"

A. "No more than he canvassed with Mr. Benfield, and asked me 'for my Vote and Interest."

Q. "Nothing more?"

A. "Nothing more."

Q. "Do you know any Circumstances of any Persons having been bribed at the last Election?"

A. "Not from my own Knowledge."

Q. "Did any Body ever tell you they were bribed, that they had received Money?"

A. "I don't recollect in particular any Body that ever did."

Cross-examined by Mr. Grant.

Q. "Did you vote for Mr. Petrie?"

A. "I did not."

Q. "Then you was not prevailed upon by his Request?"

A. "I was not."

Examined by the House.

Q. "Have you any Knowledge of what Mr. Petrie's Conduct was upon the former Election?"

A. "I heard they had Twenty Guineas; but not from my own Knowledge."

Q. "Did either Mr. Petrie or Gun refer to that as their Conduct upon the former Election, that Twenty Guineas was paid?"

A. "No."

Q. "What did you understand they meant by that?"

A. "That they meant to give the same Money to their Friends, as they did at the Time before."

Examined by Mr. Grant.

Q. "Do you know of any Money being given at the last Election?"

A. "I do not."

He was directed to withdraw.

The Counsel were directed to withdraw.

Then,

A Petition of Samuel Petrie Esquire, was presented and read; setting forth, "That the Petitioner was a Candidate at the last General Election, to represent in Parliament the Borough of Cricklade, in the County of Wilts, and that he lost his Return alone by the Bribery and Corruption of the Right Honourable Henry Herbert Baron Porchester, Paul Benfield Esquire, John McPherson Esquire, and of the several Agents employed by them. That in Hilary Term 1781, the Petitioner filed Bills in the King's Bench Office against the said Lord Porchester, the said Paul Benfield, and the said John McPherson, for the said Bribery and Corruption which had been practised by them at the said Election; and in the same Term, the Petitioner likewise commenced an Action against John Bristow, one of the Agents of the said Lord Porchester; that the Petitioner has obtained Verdicts against the said Lord Porchester, and against the said John Bristow, for Part of the Bribery and Corruption which had been practised by them, but the said Paul Benfield and the said John McPherson have hitherto avoided Trial by the Privilege of Parliament, which their said Bribery and Corruption had procured for them, and of which in the grossest Manner they have availed themselves; the Petitioner further sheweth, That from a Spirit of Recrimination alone, the said Lord Porchester, the said Paul Benfield, and the said John McPherson afterwards commenced Actions against the Petitioner, charging the Petitioner with having likewise been guilty of several Acts of Bribery and Corruption at the said Election, and by the gross Perjury of several Witnesses, at the Summer Assizes at Salisbury, Verdicts in all the Three Actions were given against the Petitioner; that before the Trials of the said Actions, the Petitioner had obtained Verdicts against most of the said Witnesses for having received the corrupt Gift of the said Lord Porchester, and all the said Witnesses were irritated against the Petitioner, for attacking by Criminal Actions, the great Principals in the said corrupt Proceedings, which they were given to understand, had alone prevented their receiving the further ample Rewards that had been promised them; that at the last Michaelmas Quarter Sessions at Marlborough, Bills of Indictment for wilful and corrupt Perjury were found by the Grand Jury, against Two of the said Witnesses, whose Evidence the Judge before whom the said Causes were tried, observed to the Juries, brought the Charge home to the Petitioner by his Adoption of the Acts of Two Men, who were stated as having been the Agents of the Petitioner in the said Election; that the Petitioner by his Counsel in Michaelmas Term last moved the Court of King's Bench for a Rule, to restrain the said Lord Porchester, the said Paul Benfield, and the said John McPherson, from further Proceeding in their said Actions against the Petitioner, until after the Trials of the said Indictments; but this Rule the Court of King's Bench refused to grant, and Judgements against the Petitioner in some or all of the said Causes, were immediately signed; the Petitioner is informed, and verily believes, that the said Judgements thus obtained by Perjury against the Petitioner, alone prevented the Petitioner from being reported to the Honourable the House of Commons, as duly elected for the said Borough of Cricklade, by the Select Committee which had been appointed to try and determine the Merits of the Petition, which the Petitioner had presented to the said Honourable House, against the Return of the said Paul Benfield and the said John McPherson; the Petitioner further sheweth, That the said Lord Porchester, the said Paul Benfield, the said John McPherson, and the said John Bristow, encouraged by the said Verdicts against the Petitioner, immediately commenced other Actions against the Petitioner, and the said Paul Benfield delivered a Declaration, charging the Petitioner with Seventy-four other Acts of Bribery and Corruption, at the said Election; this Action was brought to Trial, at the last Assizes at Salisbury, and notwithstanding many of the same perjured Witnesses again gave the same false Evidence, which they had before given, their Perjury having been detected, a Verdict was given for the Petitioner; the Petitioner further sheweth, that the said Lord Porchester, conscious of the many and multiplied Offences of Bribery and Corruption of which his Lordship had been guilty, hath made various Attempts to screen himself from the Punishment of his said Offences, by seeking Shelter under the indemnifying Clause of the Act; on the other Hand, the Petitioner knowing the Injustice of the Charges that had been brought against him, disclaimed every Attempt of the Kind, though the Indemnity which the Act held forth for Offenders of every Class and of every Denomination, was open to him at every Quarter, and of which, if he had been guilty, he might, without Difficulty, have availed himself; the Petitioner further sheweth, that in the Evidence of one of the Witnesses who was examined on Friday last at their Lordships Bar, in support of the Allegations in a Bill, sent up to their Lordships from the Honourable the House of Commons, intituled, "A Bill for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts;" the said Witness gave the same false and perjured Evidence, which he had before given at Two Assizes at Salisbury, and before the said Select Committee of the House of Commons; and the Petitioner is informed and believes, that the other Witnesses, who, as above stated, have already given false and perjured Evidence, tending unjustly to criminate the Petitioner, are likewise now in Town in Consequence of Warrants from their Lordships, waiting to be examined at their Lordships Bar, in support of or against the Allegations in the said Bill; the Petitioner therefore moved, with the utmost Abhorrence of every Species of Corruption, and feeling sensibly the Injustice of the Charge that has been brought against him," most humbly prays their Lordships, "That he may have Liberty by himself, or Counsel, to cross-examine any and every Witness who may be examined at their Lordships Bar, as to any Part of the Evidence of such Witness, which may tend to affect the Petitioner; that other Witnesses on the Part of the Petitioner may be examined at their Lordships Bar, in Refutation of the Evidence which has already been given, and in Refutation of any future Evidence, if any Evidence of a like Kind should hereafter be given; and that he may be heard by himself, or Counsel, against any and evey Evidence which has been given, or which may be given at their Lordships Bar, that may tend directly or indirectly to the Support of any Criminal Charge against the Petitioner."

Then it was moved, "That the said Petition be rejected."

The same was agreed to, and ordered accordingly.

Then the Counsel were again called in.

Then Thomas Skilling was called in, and being sworn, was examined as follows:

Q. "Whether you are a Voter at Cricklade?"

A. "Yes."

Q. "You need not answer any Questions that tend to accuse yourself—Do you know Mr. Petrie?"

A. "Yes."

Q. "How long have you known him?"

A. "Nigh Seven Years I believe."

Q. "Do you know of any Bribery at the last Election?"

A. "I cannot say that I received any Bribery there."

Q. "Do you know of any Bribery at any former Election?"

A. "I received Twenty Guineas then."

Mr. Grant, "I submit to your Lordships, that Bribery at a former Election is not now the Question; the Allegation of the Bill proceeds upon Bribery at the last Election solely."

He was directed to withdraw.

The Witness was again called in.

Q. "Do you know Mr. Petrie?"

A. "Yes."

Q. "Have you any Knowledge of any Bribery committed at the last Election?"

A. "Not to my Knowledge, I should wish to say, not seeing any Thing gave or receiving any Thing, I know no further than only by a Promise; I received none."

Q. "Was there any Promise from Mr. Petrie to you at the last Election, or to any Person in your Knowledge?"

A. "There was to me."

Q. "What was that Promise?"

A. "That he would behave to me as he did at the former Election."

Q. "How did he behave then at a former Election?"

A. "I received Twenty Guineas at a former Election."

Q. "Who did you receive the Twenty Guineas from?"

A. "From one Miss White."

Q. "Who was she employed for?"

A. "I do not know, she was a Daughter of one Jonathan White."

Q. "Who was Jonathan White."

A. "I believe Jonathan White was Mr. Petrie's Agent at that Election."

He was directed to withdraw.

Then Deborah Gun was called in, and being sworn, was examined as follows:

Q. "Whether you are not the Wife of Thomas Man Gun?"

A. "Yes."

Q. "Where do you live?"

A. "At Cricklade."

Q. "Did your Husband keep a Public House during the Time of the last Election?"

A. "Yes."

Q. "Had Mr. Bristow a Room in that House?"

A. "Yes."

Q. "Did he receive the Voters there?"

A. "Yes."

Q. "Do you know any Thing of his giving away any Money to the Voters at the last Election?"

A. "Not my Husband."

Q. "Of Mr. Bristow's giving away Money?"

A. "Yes, but not at the last Election."

Q. "At that Time the Money was given away, do you imagine it was relative to the last Election?"

A. "I imagined so."

Mr. Grant.—"What she imagines, I conceive cannot be any Evidence whatever, my Objection is to taking Evidence of what Mrs. Man Gun imagined the Money was given for; we are ready to admit all the Evidence she may offer with regard to any Facts upon which she founds her Imagination, but that her Imagination is not any Evidence whatever, any further than the Facts go upon which it is founded."

She was directed to withdraw.

The Witness was again called in.

Q. "At what Time was it that this Money was given?"

A. "In January 1780."

Q. "Did you hear any Mention made that it was relative to the last Election?"

A. "No, I did not."

Q. "You said you saw Money paid in January 1780, was it paid to Voters?"

A. "Yes."

Q. "Was any Note taken up in consequence of this?"

A. "I saw Notes upon the Table."

Q. "Did you see Notes taken up in consequence of it from the Voters for the Money?"

A. "Mr. Bristow did write the Notes."

Q. "And he paid Money?"

A. "He paid Five Guineas, and the Voters signed those Notes."

Q. "Did you hear Mr. Bristow give any Reason why he took Notes?"

A. "I have often heard the Voters complain, "they thought they had no Reason to give Notes for the Money."

She was directed to withdraw.

The Witness was again called in.

Q. "Whether you heard Mr. Bristow give any Reason why he took up Notes for the Money?"

A. "I asked him the Reason, his Answer was to me, that the People that had given away Money before, the Voters had complained that Part of the Money was kept, and he did it for his own Security and Satisfaction to the Parties, "that he had not kept none of the Money."

Q. "To what Number did you see Mr. Bristow give the Money?"

A. "I cannot tell, I saw a great many in the Room, but I cannot answer to their Names; I saw a great many at Times in the Evening when they did come there, but I am not particular to any Person."

Q. "Can you speak to any particular Person?"

A. "Yes, several."

Q. "Name them?"

A. "George Williams, William Dash."

Then the Clerk Assistant read over the Names.

Q. "Describe where you saw the Persons receive the Money?"

A. "George Williams told me he had received it."

Q. "Where did he tell you that?"

A. "In my own House."

Q. "Upon every one you will tell where the Conversation happened, was any Body present when Williams told you that?"

A. "I do not remember that there was any one in particular, there might be People in the Kitchen, I often had Conversation with them."

Q. "John Rogers?"

A. "He told me in the public Kitchen that he had received it."

Q. "Samuel Broad?"

A. "I heard him say he had received it."

Q. "Where was it you heard him say that?"

A. "In our Kitchen."

Q. "Was any Body present?"

A. "There was Company in the Kitchen, but not any one in particular that I do recollect."

Q. "John Haynes senior?"

A. "No."

Q. "John Haynes junior?"

A. "No."

Q. "John Arden?"

A. "No."

Q. "Richard Pater?"

A. "I heard him say he had received it."

Q. "Where was that?"

A. "In our Kitchen."

Q. "Was any Person present then?"

A. "Yes, but I do not recollect any Person in particular."

Q. "Thomas Barret?"

A. "No."

Q. "William Barret?"

A. "No."

Q. "Samuel Canter?"

A. "No."

Q. "Robert Carter?"

A. "I heard him say he received it."

Q. "Adam Clarke?"

A. "No."

Q. "Robert Clarke?"

A. "No."

Q. "Benjamin Stratford."

A. "No."

Q. "John Symonds?"

A. "No."

Q. "Benjamin Enock?"

A. "I heard him say he received it, and he asked me to change a Guinea for him; I heard him say that in the Kitchen."

Q. "Was any Body else present?"

A. "There were People in the Kitchen, but not that I remember."

Q. "Blank Nevill?"

A. "No."

Q. "Richard Dibbins?"

A. "I heard him say in our public Kitchen that he had received it."

Q. "William Ellis?"

A. "No."

Q. "Thomas Fowkes?"

A. "No."

Q. "James Jacksons?"

A. "No."

Q. "Zachariah Price?"

A. "No."

Q. "Thomas Skilling?"

A. "I received Part of the Money for Thomas Skilling's Wife of Mr. Bristow, she was ready to lie in, he was not at Home; she desired me to speak to Mr. Bristow for the Money."

Q. "Thomas Peer?"

A. "I heard him say, "he had received the Money, and he was displeased, he told me himself, because his Son had not it."

Q. "Edward Taylor?"

A. "No."

Q. "Richard Slater?"

A. "No."

Q. "Thomas Poulton Senior?"

A. "No."

Q. "John Poulton?"

A. "No."

Q. "William Millard?"

A. "No."

Q. "Thomas Pyke?"

A. "Yes, I heard him declare in our public Kitchen, that he had received it for himself, his Father, and Son."

Q. "Mark Pyke?"

A. "That was the Father."

Q. "Thomas Pyke's Son?"

A. "He told me in the Kitchen he received it for those Three."

Q. "William Smith?"

A. "No."

Q. "Wilkins Ellis?"

A. "No."

Q. "John Hinton?"

A. "No."

Q. "John Trueman?"

A. "No."

Q. "William Packer?"

A. "No."

Q. "John Slatter?"

A. "No."

Q. "Thomas Hinton?"

A. "No."

Q. "William Hobbs?"

A. "No."

Q. "Edward Barns?"

A. "No."

Q. "Joseph Dibbins?"

A. "No."

Q. "John Cuss?"

A. "I heard John Cuss, Labourer, say, that he had received the Money."

Q. "Thomas Hayward?"

A. "He asked Mr. Bristow for the Money in our Kitchen, Mr. Bristow told him, 'he had bought him Cloaths with some Part of the Money, that he should buy him some more, and would give him the Remainder."

Q. "Thomas Hall?"

A. "No."

Q. "Thomas Hobgood?"

A. "No."

Q. "Thomas Smith?"

A. "No."

Q. "William Hill?"

A. "No."

Q. "Charles Smith?"

A. "No."

Q. "Joshua Enock?"

A. "No."

Q. "Henry Garlick?"

A. "No."

Q. "Thomas Jackson?"

A. "No."

Q. "Thomas Cuss Senior?"

A. "No."

Q. "Nevil Cuss Junior?"

A. "No."

Q. "John Cove?"

A. "No."

Q. "Nevil Cuss Senior?"

A. "No."

Q. "William Cuss?"

A. "No."

Q. "Harry Birchall?"

A. "No."

Q. "Thomas Tombs?"

A. "No."

Q. "Watt Carter?"

A. "No."

Q. "George Symonds Senior?"

A. "No."

Q. "James Nippers?"

A. "I saw him with Mr. Bristow in the Parlour, I saw him receive the Money, and saw Mr. Bristow writing the Note."

Q. "Thomas Scull?"

A. "He received the Money, he disputed the Weight of it, I weighed it for him."

Q. "Thomas Horne?"

A. "No."

Q. "John Carpenter?"

A. "No."

Q. "Hollister Forrester?"

A. "I heard him say he had a Gridiron locked up at his Door; he said, he received a Golden Key with Five Wards to unlock it."

Q. "William Lucas?"

A. "No."

Q. "George Powell?"

A. "No."

Q. "William Jacobs?"

A. "No."

Q. "William Foukes?"

A. "No."

Q. "William Carter?"

A. "No."

Q. "John Kennewell?"

A. "No."

Q. "Philip Johnson?"

A. "No."

Q. "Richard Lucas?"

A. "No."

Q. "James Lucas?"

A. "He told me he had received it."

Q. "Thomas Townsend Junior?"

A. "No."

Q. "William Dawes?"

A. "No."

Q. "Thomas Fitcher?"

A. "No."

Q. "Henry Haywood?"

A. "No."

Q. "George Pyke?"

A. "No."

Q. "William Godwin?"

A. "I heard him say he had received it."

Q. "William Dainton?"

A. "No."

Q. "Somerset Richens?"

A. "No."

Q. "John Standly?"

A. "No."

Q. "Richard Taylor?"

A. "I heard him ask Mr. Bristow for the Money, and told him, 'he would have it;' Mr. Bristow promised him the Money in the Kitchen, but whether he gave it or no, I cannot say."

Q. "Mr. Strange?"

A. "No."

Q. "William Standly?"

A. "No."

Q. "John Rudler?"

A. "No."

Q. "Robert Eyles?"

A. "No."

Q. "William Dash?"

A. "He received the Money, and I changed a Guinea for him."

Q. "William Saunders?"

A. "No."

Q. "John Tinsey?"

A. "No."

Q. "William Fry?"

A. "No."

Q. "John Strange?"

A. "No."

Q. "Thomas Strange?"

A. "No."

Q. "John Pound?"

A. "No."

Q. "Thomas Boun?"

A. "No."

Q. "Richard Liddell?"

A. "No."

Q. "Jonathan Telling?"

A. "No."

Q. "Thomas Kilminster Senior?"

A. "No."

Q. "Thomas Kilminster Junior?"

A. "No."

Q. "Robert Hopkins?"

A. "No."

Q. "John Clifford?"

A. "No."

Q. "Henry Haywood Junior?"

A. "No."

Q. "William Arden?"

A. "No."

Q. "John Cuss?"

A. "He told me that he had the Money."

Q. "William Hinton?"

A. "No."

Q. "Henry Spaish?"

A. "He told me he received the Money."

Q. "Thomas Johnson?"

A. "No."

Q. "John Godwin?"

A. "No."

Q. "Thomas Stratford?"

A. "No."

Q. "Thomas Batt?"

A. "No."

Q. "Zachariah Giles?"

A. "No."

Q. "John Driver?"

A. "No."

Q. "John Herring?"

A. "No."

Q. "Robert Hindon?"

A. "No."

Q. "Olive Miles?"

A. "No."

Q. "John Chesham?"

A. "No."

Q. "Isaac Lawrence?"

A. "No."

Q. "William Peer?"

A. "No."

Q. "William Clark Senior?"

A. "No."

Q. "William Pinnock?"

A. "No."

Q. "William Bucker?"

A. "No."

Q. "Christopher Kemble?"

A. "No."

Q. "Christopher King Senior?"

A. "No."

Q. "Thomas Harman?"

A. "No."

Q. "John Dowsell?"

A. "No."

Q. "John Mabson?"

A. "No."

Q. "Charles Stratford?"

A. "No."

Q. "John Kemble?"

A. "No."

Q. "William Little?"

A. "No."

Q. "Thomas Herring?"

A. "No."

Q. "Charles Mathyson?"

A. "No."

Q. "William Cuss?"

A. "No."

Q. "John Dun?"

A. "No."

Q. "Samuel Archer?"

A. "No."

Q. "Do you know of any other Voters who received Money, besides those you have mentioned?"

A. "No, I do not recollect any more than the Gentleman read over."

Q. "Did you give or lend any Money or change any Money for Mr. Bristow?"

A. "Yes, all of it."

Q. "Did you hear him say what that was for?"

A. "To pay the Voters?"

Q. "Did you hear him say whose Money it was?"

A. "Lord Porchester's."

Q. "Any Body's else?"

A. "No, the Notes were in his Lordship's Name; some said he was paying Mr. Macpherson's, sometimes his Lordship's."

Q. "Did you hear Bristow say, 'it was Mr. Macpherson's Money?"

A. "I don't remember he did. He asked me 'to change a £.40 Draft upon Lord Porchester.' 'I told him 'I could not;' and at the same Time I lent him Ten Guineas, I heard him say, 'it was to pay the Voters."

Q. "Do you know any Thing about a Gridiron at Cricklade?"

A. "Yes."

Q. "What was that Gridiron put up at the Doors for?"

A. "Because he had not received the Money; Hollister Forrester himself said, they asked him 'what he put up that Girdiron for?' he said, "he would let it hang till he had a golden Key to unlock it.' Afterwards the Gridiron was taken down. I asked him, 'how it was taken down, so firm as it was locked?' he said, 'he had a golden Key with Five Wards, or else it never had come off."

Cross-examined by Mr. Grant.

Q. "Have you had any Conversation with any Body about the Evidence you were to give here?"

A. "No."

Q. "None with your Husband?"

A. "No, none at all."

Q. "Have you been threatened by nobody?"

A. "No."

Q. "No Threats?"

A. "No Threats at all."

Q. "I understood the contrary?"

A. "Indeed you have been misinformed if that was the Case."

Q. "You have spoke to every Body you know any Thing of?"

A. "Yes, as near as I could."

Q. "All this passed in your own Kitchen?"

A. "Yes, and in the Bar Room."

Q. "You are more at Home I suppose than your Husband?"

A. "Yes."

Q. "And are more in the Kitchen than your Husband?"

A. "Not more of an Evening, because that generally is his Place, then I am to and thro' in my Business, and don't fit in the Kitchen; he fits in it."

She was directed to withdraw.

The Counsel were directed to withdraw.

Ordered, That the further hearing of Witnesses, and also the hearing of Counsel against the Bill, and the Second Reading thereof, be put off till To-morrow; and that the Lords be summoned.

Ordered, That Counsel be heard in Support of the Bill, and to examine Witnesses To-morrow.

Ordered, That the Counsel be called in at Three o'Clock.

Adjourn.

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

DIE Jovis, 9o Maii 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Carliol.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Meneven.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Bristol.
Dux Gloucester.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Dux Grafton, C. P. S.
Dux Manchester, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Chandos.
Comes Huntingdon.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Westmorland.
Comes Peterborough & Monmouth.
Comes Essex.
Comes Berkeley.
Comes Plymouth.
Comes Coventry.
Comes Jersey.
Comes Cassillis.
Comes Galloway.
Comes Aberdeen.
Comes Ferrers.
Comes Tankerville.
Comes Sussex.
Comes Kerr.
Comes Effingham.
Comes Gower.
Comes Bucks.
Comes Fitzwilliam.
Comes Temple.
Comes Northington.
Comes Radnor.
Comes Spencer.
Comes Chatham.
Comes Bathurst.
Comes Hillsborough.
Comes Mansfield.
Viscount Stormont.
Viscount Falmouth.
Viscount Dudley & Ward.
Viscount Maynard.
Viscount Mount Edgcumbe & Valletort.
Viscount Sackville.
Ds. Abergavenny.
Ds. De Ferrars.
Ds. Willoughby Br.
Ds. Say & Sele.
Ds. Osborne.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Vere.
Ds. Wycombe.
Ds. Grantham.
Ds. Beaulieu.
Ds. Vernon.
Ds. Digby.
Ds. Hawke.
Ds. Amherst.
Ds. Harrowby.
Ds. Gage.
Ds. Walsingham.
Ds. Bagot.
Ds. Southampton.
Ds. Porchester.
Ds. Ashburton.
Ds. Grantley.

PRAYERS.

Pitt's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and carrying into Execution certain Agreements entered into by John Pitt Esquire, Surveyor General of His Majesty's Woods and Forests, with Benjamin Planner and others, relating to certain Waste Lands, and other Lands in the Parish of Egham, in the County of Surrey; and for vesting the same in the said John Pitt and his Heirs, in Trust for His Majesty, His Heirs and Successors, and to effectuate the other Purposes therein mentioned."

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

It was resolved in the Affirmative.

Sir F. Basset's Estate Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for discharging the Manor of Imley, otherwise Evenley, and divers Messuages, Lands, Tenements, and Hereditaments in Imley, otherwise Evenley aforesaid, and elsewhere in the County of Northampton, Part of the Estate of Sir Francis Basset of Tehidy Park, in the County of Cornwall, Baronet, from the Uses, Estates, and Trusts declared concerning the same, in and by the last Will and Testament of Francis Basset, late of Tehidy Park aforesaid, Esquire, deceased; and for settling another Manor and other Lands and Hereditaments of greater Value in lieu thereof, to the like Uses."

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

It was resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

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

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

Tarporley Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge, near Weverham, in the same County."

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

It was resolved in the Affirmative.

Ashborne, &c. Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of so much of an Act made in the Second Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the High Road leading from Ashborne, in the County of Derby, to the Town of Leek, in the County of Stafford; and from Ryecroft Gate, upon Rushton Common, to Congleton, in the County of Chester; and also the Road leading from Blyth Marsh, in the County of Stafford, through Cheadle, Oakamoor, and Blore, to the Turnpike Road from Ashborne, to Buxton near Thorp, in the County of Derby," as relates to the District of Road between Ashborne and Congleton; and for repairing the Road from the End of Ashborne Church Yard, to the Top of the Dig Street, in Ashborne aforesaid."

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 Two preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Romsey Road Bill.

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

With a Bill, intituled, "An Act to continue the Term and alter the Powers of an Act made in the Twenty-ninth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for repairing and widening the Roads leading from a Pond belonging to Henry Eyre Esquire, in the Parish of White Parish, in the County of Wilts, to the Top of Dunwood Hill; and from thence over Great Bridge and Middle Bridge, through Romsey-infra to Hundred Bridge, in the County of Southampton; and from thence to the County of the Town of Southampton;" to which they desire the Concurrence of this House.

Appleby, &c. Road Bill.

A Message was brought from the House of Commons, by Sir Michael le Flemyng and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act made in the First Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the Road from the Borough of Appleby, in the County of Westmorland, through the Township of Orton, to Kirby Kendall; and from Orton to the Turnpike Road near Shapp; and from Highgate, near Tebay, in a Part of the Highway between Appleby and Kirby Kendall, through the Town of Kirby Steven, to the Town of Market Brough, in the said County;" to which they desire the Concurrence of this House.

Broseley, &c. Small Debts Bill.

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

To return the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts within the Parishes of Broseley, Benthall, Madeley, Barrow, Linley, Willey, Little Wenlock and Dawley; and an extra-parochial Place called Posnall, in the County of Salop;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Calverton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures, and other Commonable Lands and Grounds in the Manor of Calverton, with the West Side of Stoney Stratford, in the County of Buckingham;" to which they desire the Concurrence of this House.

Lord Monson's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting divers Manors, Lands and Hereditaments in the County of Hertford, late the Estate of John Lord Monson, deceased, in Trustees, to be fold and disposed of in and for the Payment of his Debts, and certain of the Legacies and Portions given by his Will and Codicil; and for other Purposes therein mentioned;" and to acquaint this House, That they have agreed to the same without any Amendment.

Cricklade Election Bill.

The Order of the Day being read for the further Hearing of Witnesses, and also the Hearing of Counsel for and against, and the Second Reading of the Bill, intituled, "An Act for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts;" and for the Lords to be summoned:

Counsel were called in:

Then George Townsend was called in, who being sworn, was examined by Mr. Cowper, as follows:

Q. "Do you know the Borough of Cricklade?"

A. "Yes."

Q. "Was you a Voter at the last General Election for the Borough of Cricklade?"

A. "Yes."

Q. "Do you know a Mr. Bristow?"

A. "Yes."

Q. "Who or what is he?"

A. "A Gentleman Farmer."

Q. "Where does he live?"

A. "At a Place called (fn. 1) about a Mile from Cricklade."

Q. "Did you make any Application to him previous to the Election for any Thing?"

A. "Yes."

Counsel.—"I wish that Notice were given to the Witness that he is not obliged to answer any Question that tends to accuse himself.—Did you apply to Mr. Bristow previous to the Election, to give you any Money, or any Thing else, for your Vote, previous to the Election?"

A. "As I am not obliged to answer it, I think it not a fair Question."

Q. "Did you receive any Money from Mr. Bristow? —You have a Right to refuse answering that if you please?"

A. "I did not."

Q. "Do you know one John Selwood?"

A. "Yes."

Q. "Is he a Voter for the Borough of Cricklade?"

A. "He was at the last General Election."

Q. "Had you any Conversation with him before the Election about his Intention of voting?"

A. "Yes."

Q. "Relate what that Conversation was?"

A. "He swore he would be damned if he would vote for Mr. Macpherson if he had not the Five Guineas, as other Voters had."

Q. "Did he tell you whether he ever had or had not applied for it?"

A. "I never heard him say whether he had or had not, as I recollect."

Q. "Do you know one John Symonds?"

A. "Yes."

Q. "Is he a Voter?"

A. "Yes."

Q. "Have you ever had any Conversation with him about voting?"

A. "Yes."

Q. "What did he say to you upon the Subject?"

A. "He said that he had Five Guineas of Mr. Bristow, and he should not vote for Mr. Petrie, for there was no Foundation nor no Promise, and he could get no Promise."

Q. "Did he tell you who Mr. Bristow gave him those Five Guineas to vote for?"

A. "He might mention Mr. Macpherson, but I cannot tell whether he did or not."

Q. "Do you know one Benjamin Enock?"

A. "Yes."

Q. "Is he a Voter?"

A. "Yes."

Q. "Had you any Conversation with him upon the Subject of voting, or having Money for voting?"

A. "Yes, I heard him say he had received the Money from Mr. Bristow. He said, he had but Half of it, that his Landlord, Nevil Symonds, had the other Half."

Q. What is Nevil Symonds?"

A. "A Voter."

Q. "Do you know Thomas Foukes?"

A. "Yes, he told me several Times he had received Five Guineas from Mr. Bristow."

Q. "Do you know Zachariah Price?"

A. "Yes, he told me so."

Q. "William Hunt?"

A. "He told me so."

Q. "Richard Gardiner?"

A. "I heard him say he had received it."

Q. "Thomas Poulton?"

A. "I heard him say he had received it."

Q. "John Poulton?"

A. "I heard him say he had received it."

Q. "Francis Simson?"

A. "I heard him say so."

Q. "Are these Persons all Voters for Cricklade?"

A. "Yes, all Voters at the last General Election."

Q. "They told you they had received the Five Guineas?"

A. "Yes."

Q. "Do you know John Hinton?"

A. "Yes."

Q. "Is he a Voter?"

A. "Yes."

Q. "Have you had any Conversation with Hinton upon it?"

A. "Yes, he said he had not received it. He said, he did not want the Five Guineas upon a Note of Hand."

Q. "Did he say whether he had or had not applied for it?"

A. "He did not say whether he had or had not, as I recollect."

Q. "Do you know Thomas Hinton?"

A. "Yes, I heard him say he had received it?"

Q. "Is he a Voter?"

A. "Yes."

Q. "Do you know Francis Pocock?"

A. "Yes."

Q. "Have you heard him say any Thing upon the Subject?"

A. "Yes, that he had applied for it to Mr. Bristow."

Q. "When you say it, applied for it, and receiving it, you all along mean the Five Guineas for voting, do you?"

A. "Yes."

Q. "Do you know Nevil Cuss the Younger?"

A. "Yes."

Q. "And Nevil Cuss the Elder?"

A. "Yes."

Q. "Have you heard them say any Thing about it?"

A. "I heard both of them say, "they had received the Five Guineas."

Q. "Did they say what they had received it for?"

A. "That is not a fair Question, is it, upon Election Affairs."

Q. "Yes, it is a fair Question; it does not affect you; did you hear them say what they received this Five Guineas for?"

A. "Upon Election Affairs."

Q. "Do you know Harry Birchall?"

A. "Yes."

Q. "And Watkin Carter?"

A. "Yes."

Q. "Have you heard either of them say any Thing about this Affair?"

A. "I heard Harry Birchall say, "he received Five Guineas;" Watkin Carter said, "he received Two;" he said, "he could not get no more."

Q. "Did he state the Reason why he could not?"

A. "That they seemed to think he was not a Voter at the Time."

Q. "Do you know James Nippers?"

A. "Yes."

Q. "Thomas James?"

A. "Yes."

Q. "And William Waine?"

A. "Yes."

Q. "And John Hill?"

A. "Yes."

Q. "John Tombs?"

A. "Yes."

Q. "John Powell?"

A. "Yes."

Q. "William Dawes?"

A. "Yes."

Q. "George Pyke?"

A. "Yes."

Q. "Have you conversed with these People upon the same Subject?"

A. "Yes, I heard them all say, "that they had received the Five Guineas at different Times."

Q. "What for?"

A. "They stood together, and they would come into Conversation; one would say, "have you received it, have you;" one had, the other had not."

Q. "But what was the Subject you discoursed upon when they talked of having received or not the Five Guineas?"

A. "The Subject was Election Affairs."

Q. "Do you know Somerset Richins?"

A. "Yes."

Q. "Did you hear him say any Thing about it?"

A. "Yes; "that he had received Two Guineas and a Half; and that he could not get any more."

Q. "Did he tell you who he received it from?"

A. "John Bristow."

Q. "Was he a Voter?"

A. "Yes."

Q. "And all these People whose Names I have mentioned to you were Voters, were they?"

A. "Yes."

Q. "Do you know Richard Taylor?"

A. "Yes."

Q. "Had you any Conversation with Richard Taylor upon the Subject?"

A. "Yes; I heard him say he had received the Five Guineas."

Q. "Did you see Taylor and Bristow together at any Time?"

A. "Yes; I saw them together at the Swan."

Q. "How long before the Election?"

A. "Some Time; I cannot recollect how long; it was the Summer Part, before Harvest began some Time."

Q. "Did you hear any Conversation between them respecting the Five Guineas?"

A. "Yes; I heard Richard Taylor ask him for it, and say, "If he would give it him, he would vote for his Friend Mr. Macpherson." Mr. Bristow said, "Richard, you are joking me now;" he said, "No, he was not; he would now be off or on whether he was to have it or not."

Q. "Did you hear Mr. Bristow make any Answer to that?"

A. "He told him, "he should have it if he would go to mowing for him;" he told him, "he would, and would vote for his Friend."

Q. "Did you see the Money given?"

A. "I did not."

Q. "Do you know John Rudler?"

A. "I do."

Q. "Do you know whether he received it?"

A. "I heard him say, "he received the Five Guineas."

Q. "Do you know John Strange, Henry Spaish and Church Johnsons?"

A. "Yes, I do."

Q. "What did you hear them say upon the Subject?"

A. "Strange and Henry Spaish told me they received it; Church Johnsons told me, "Mr. Herbert and Mr. Macpherson promised him that he should have it after the Election;" Johnsons told me that before and since the Election."

Q. "Do you know Anthony King?"

A. "Yes."

Q. "Have you heard him say any Thing upon it?"

A. "Yes; that he was promised it by Mr. Bristow."

Q. "Do you know Richard Archer?"

A. "Yes."

Q. "Do you remember any Thing passing between you and Archer upon the Subject?"

A. "Yes; Archer told me he had it; and he pulled the Five Guineas out and shewed it me."

Q. "Were all those Persons Voters at that Time?"

A. "They were all of them."

Q. "Do you know William Truby?"

A. "Yes."

Q. "Is he a Voter?"

A. "Yes."

Q. "Has any Thing passed between him and you?"

A. "I heard him say, "he had applied for it?"

Q. "Do you know a Mr. White?"

A. "Yes; he is a Gentleman Farmer."

Q. "Does he live in the Borough?"

A. "Yes."

Q. "Has he ever canvassed with any Body?"

A. "I cannot pretend to say whether he does or not; I was not at Home when he canvassed."

Q. "You never had any Acquaintance with him, or asked him any Question about the Election?"

A. "No, I have not."

Cross-examined by Mr. Grant.

Q. "What Time was it this Conversation passed between you and the Voters?"

A. "Several different Times."

Q. "At what Time of the Year?"

A. "When the Money was given."

Q. "What Time was that?"

A. "I did not put it down."

Q. "Was it before the Election?"

A. "Yes, a Month or Two, or Three."

Q. "Was it Six Months."

A. "No, though it might be as much, or more."

Q. "Was it in Winter or Summer?"

A. "The Winter Time."

Q. "Did all this Conversation pass at once, or different Times."

A. "At several different Times."

Q. "Can you recollect who were present at each of these Times?"

A. "I cannot."

Q. "Can you recollect who was present at any one Time?"

A. "I cannot recollect."

Q. "Who were present when you had the Conversation with John Selwood?"

A. "I do not recollect."

Q. "Who was present when you had the Conversation with George Pyke?"

A. "I cannot recollect; there might be several in the Kitchen; it was in Mr. Gun's Kitchen; there were several Men, but I cannot recollect; Mr. Gun might be there, or his Wife, or any Body else."

Q. "Who was present when Zachariah Price said so?"

A. "I cannot recollect."

Q. "And yet you are sure he said it?"

A. "Yes; I heard him say it several and several Times."

Q. "Were you and he alone when it was said?"

A. "I was helping him in with some Furze at the Time."

Q. "Who was present?"

A. "Only him and me."

Q. "When William Hunt said it to you, who was present?"

A. "He and I were at work together."

Q. "And nobody was present?"

A. "No."

He was directed to withdraw.

Then James Akerman was called in, and being sworn, was examined by Mr. Peckham as follows:

Q. "Did you live at the Borough of Cricklade at the Time of the last Election?"

A. "Yes."

Q. "What was the general Reputation in the Borough of Cricklade at the Time of the last Election, respecting the giving of Money for Votes?"

Mr. Grant.—"I must beg Leave to object to that Question, because in Support of this Bill that is no Evidence whatever, the Bill reciting as a positive and substantive Fact that there was Bribery and Corruption at the last Election at Cricklade, and that positive and substantive Fact must be proved, or this Bill cannot be passed into a Law. Now the Evidence offered is the loosest of all Evidence, that of general Reputation; the loosest of all Evidence when every Man can be brought here to speak to the Fact which every Man knows. Reputation is only what a Witness has heard other Men say, or what he believes is the Opinion which other Men entertain upon the Subject; Reputation and Belief is no Evidence for this plain Reason, because if founded upon nothing, they prove nothing; if they are founded upon Facts, the Facts are to be proved and submitted to your Lordships, and then you draw your Conclusions whether that amounts to a Proof of Bribery or no."

Mr. Peckham. "I do not mean to finish only with this Question of general Reputation, but I take it to be a very proper Question to ask, as a Ground Work upon which particular Facts are afterwards to be examined into; when I say this I shall stand corrected and bow with great Deference to your Lordships if I am wrong, but I trust it is so in many Instances; general Reputation of a Marriage with Cohabitation, will be sufficient to prove the Legitimacy of a Child; in a Right of Way or Questions of that Kind, general Reputation is admitted; but without going into any farther Arguments upon the Subject, sufficient be it for me to say, that I am warranted by a solemn Decision of the Court of King's Bench upon this very Question, and given with an Authority I have ever bowed to with the most implicit Deference, I mean in a Case that came up upon a new Trial in one of the Shaftsbury Causes for Bribery, the Case of Atchison and Bowen, Michaelmas Term 1775. On a Verdict for the Plaintiff, a new Trial was moved for on the Ground of Misdirection, by Mr. Justice Nares, the Justice who admitted a general Evidence of Reputation of a Contrivance and Combination to carry on an (fn. 2) of Bribery; and the Question on shewing Cause was, "whether such Evidence, being of the Nature of Hearsay, was admissible," which I take to be the precise Question that is now asked. The noble Lord who presided in the Court said then, according to the Report that I have of it, "the Bribery Act is a most beneficial Act, the Court will therefore be very careful of granting a new Trial, and putting such a nice Construction upon it as to overturn and destroy its Effect; all Evidence must be applied according to the Subject Matter and Nature of the Case; what a Figure would the Legislature make, if such a solemn Constitution could be thus defeated! In the highest Penal Cafe, which is that of Treason, before Evidence is given to affect the Criminal, it is usual to give general Evidence of a Plot. Upon the Whole, we are of Opinion, that general Evidence of Declarations by a Person who is not Defendant, is very properly received, to prove a Conspiracy to evade the Laws by Bribery under Disguise and Machination; but Evidence of Declarations of Third Persons, tending to fix particular Facts upon the Defendant, will not be proper." Upon which the Rule for a new Trial was discharged, and the only Ground upon which the new Trial was moved for was, because the learned Judge at the Trial permitted general Evidence of Reputation to be gone into."

Lord Chancellor.—"Was that upon the Statute of the 6th George?"

Mr. Peckham.—"Yes."

Mr. Cowper.—"I do not know whether I am regular in making an Observation or Two upon the Evidence that has been offered and objected to, but I shall submit to your Lordships, collecting, as I do, from that Case my learned Friend stated to your Lordships, that all Sorts of Evidence and the Rules which govern all Kinds of Evidence, depend upon the Application of the Evidence to the Subject; that in many Cases that is Evidence for one Purpose, which to prove another Fact for a different Purpose and between different Parties is no Manner of Evidence whatever: But I submit to your Lordships, that the Evidence that has now been offered at the Bar in support of this Bill, for the Purposes of shewing your Lordships the Justice in which this Bill is bottomed, and the Evil which it is meant to cure, is not only good Evidence, but that it really is the best of Evidence; there may be Bribery committed in the most virtuous Borough in the Kingdom; there is no Place where every Individual is so pure but that he may be assailed; to prosecute or convict that particular Person, general Understanding, general Conversation, will not be Evidence as against that Individual, but the Purposes of this Bill is to affect the Borough at large, it is to take away at least the Effect of the Franchises which at present what we call unworthy Voters possess, by shewing that it has not been the Crime of an Individual in the Borough of Cricklade, but that has been reduced to an open, notorious, and shameless State of Corruption; that it was the general Topic of Conversation; that it was the general Idea entertained by every Man in the Town; that it was the general Practice of every Man in the Town; that they had not Recourse to the common Arts which are usually resorted to, to conceal their Iniquity, but it was the open and shameless Subject of Conversation; the great Article I submit to your Lordships will be, that the Ground of a Bill throwing the Election into other Hands, is much strengthened by the Reputation, therefore confining it to the Purposes of the Bill, I submit to your Lordships, that the Evidence of general Conversation and general Understanding is not only applicable and admissible, but really is the best Evidence that can be offered to your Lordships."

Lord Chancellor.—"Mr. Cowper, have you any Evidence of this Case?"

A. "No, I never heard of it before."

Mr. Peckham.—"I corrected it Yesterday by Two Notes of different Gentlemen."

The Earl of Mansfield said, "he did not recollect the Cause alluded to by Mr. Peckham; that the Case was evidently upon the Face of it very imperfectly stated, and his Lordship was certain he had never laid down any such Doctrine."

Then the Witness was again called in.

Q. (By Mr. Peckham.)—"At the Time of the last Election for the Borough of Cricklade, did you know Mr. Petrie?"

A. "Yes."

Q. "And Mr. Gun?"

A. "Yes."

Q. "And Davis?"

A. "Yes."

Q. "Have you ever seen these Men together?"

A. "Yes, I have seen them together at the Swan."

Q. "Was Mr. Davis an Agent for Mr. Petrie?"

A. "That I cannot tell; it was so thought."

Q. "During the Time that you have seen Mr. Petrie, Mr. Davis, and Mr. Gun together, have you heard any Conversation between them relative to the Election, and what?"

A. "Mr. Petrie have solicited me for my Vote."

Q. "Was Mr. Gun and Mr. Davis by at that Time, or either of them?"

A. "No, Mr. Davis was gone in the other Room."

Q. "What were Mr. Petrie's Expressions to you when he folicited your Vote?"

A. "He asked me "for my Vote and Interest." I told him at that Time, "that it was worth while for he to try to come in there; that as he was lying under a State of Bankruptcy at that Time, the Town would not think of choosing him I thought."

Q. "Was any Thing said of Mr. Nesbitt?"

A. "Not then."

Q. "Did you see Mr. Davis take any Chalk in his Hand at any Time."

A. "Yes, at the New Inn."

Q. "Was Mr. Petrie by then?"

A. "No."

Q. "Who?"

A. "John Hobgood, Nevil Symonds, Christopher Saunders, Thomas Price, and myself."

Q. "What did he do with the Chalk?"

A. "He took some Chalk in his Hand, and wrote a Twenty and a Ten in Figures upon the Table Board."

Q. "For what Purpose was it thus written, what was said?"

A. "Hobgood took the Chalk and wrote under the Twenty in, and Ten out, and asked Davis "if that was what he meant," he said "it was, and that was what he would abide by."

Q. "What was the Meaning of in and out?"

A. "The Meaning was Twenty Guineas, as I thought, if he was chosen, and Ten if he was not."

Q. "Did Davis say any Thing that he would confirm what was done?"

A. "He would stand by that, and his Word, he said, was to be as well taken as any Man in the Town."

Q. "Did he say any Thing at that Time of White?"

A. "Yes, he said, "his Word was to be taken as well as Jonathan White's, though he had not so much Money."

Q. "Who was Jonathan White?"

A. "A Farmer and Grazier."

Q. "Was he a particular Friend to any particular Candidate?"

A. "Yes."

Q. "To whom was he a Friend?"

A. "He canvassed with Mr. Benfield."

Q. "And Davis canvassed with Mr. Petrie; and Davis said, "his Word was to be taken as well as Mr. White's, though he was not worth so much Money:" Was you in the Room when Mr. Petrie gave a Supper at The Swan?"

A. "I supped with him."

Q. "Was Mr. Symonds there at that Time?"

A. "Yes; when Mr. Petrie solicited for Votes, Symonds said, "I don't know what I should promise you for, I have not promised any Body yet, nor I don't know what I should promise for."

Q. "Did Mr. Petrie go out of the Room?"

A. "Not while I was there."

Q. "Did Davis and Gun stay in the Room after Mr. Petrie was gone, to explain what passed?"

A. "They went into another Room, Symonds, Hobgood, and Davis; and I believe Mr. Gun went into the other Room with them."

Q. "Did Symonds go into the other Room with them after he had asked this Question of Mr. Petrie?"

A. "Yes; Mr. Petrie said, "Mr. Davis was to take them into the other Room."

Cross-examined by Mr. Anstruther.

Q. "Who did you vote for?"

A. "Mr. Benfield."

Q. "Who did Hobgood vote for?"

A. "Mr. Benfield, I believe; I believe Christopher Saunders voted for Mr. Benfield, but I cannot recollect."

Q. "Do you know of your own Knowledge of any Money having been given by Mr. Petrie to any Body?"

A. "No, I do not."

Q. "Do you know of any Body giving Money for Mr. Petrie?"

A. "No, I do not."

He was directed to withdraw.

Then William James the Younger was called in, who being sworn, was examined by Mr. Cowper as follows:

Q. "Do you know Mr. Bristow?"

A. "Yes."

Q. "Did you know him before the last Election for Cricklade?"

A. "Yes."

Q. "Do you know any Thing of his giving Money to any Persons that were Voters at the Borough?"

A. "I have heard talk of it."

Q. "Who from?"

A. "Edward Snell."

Q. "Is he a Voter?"

A. "I believe so."

Q. "What have you heard Edward Snell say upon the Subject?"

A. "That he received the Money from Mr. Bristow the same as others did."

Q. "Did he mention what Sum?"

A. "No, he said "he had received the Money the same as others had."

Q. "Did he mention for what Purpose he had received it?"

A. "No."

Q. "What were you talking about?"

A. "People receiving Money."

Q. "For what?"

A. "Election Business I take it for."

Q. "Was the Subject of Conversation Election Business and voting?"

A. "We were talking about it."

Q. "And then he said, "he had received the same as other People had?"

A. "Yes."

Q. "Do you know a John Smith?"

A. "Yes."

Q. "John Hinton?"

A. "Yes."

Q. "Robert Clarke?"

A. "Yes."

Q. "Stephen Stratford?"

A. "Yes."

Q. "Are they all Voters?"

A. "Yes."

Q. "Have you had any Conversation with them?"

A. "Yes, I have heard them say "they had the Money."

Q. "Of whom?"

A. "I did not ask them of whom."

Q. "What was the Subject of your Conversation when they said that?"

A. "Several People stood talking together at the End of the Street, they were talking about who had the Money, and who had not; one said they had not it, the other said he had it; I had no Conversation with them no otherwise."

Q. "But at the Time was the Election and voting the Subject of their Conversation?"

A. "Yes, they were talking about Business."

Q. "Was it that Business?"

A. "It might be that Business; I believe it was upon that Business."

Q. "Have you a Doubt about it?"

A. "I have a Suspicion it was."

Q. "Why do you believe it was?"

A. "Because they were talking about such Things; I did not stop to have a great deal of Conversation with them."

He was directed to withdraw.

Then Robert Clarke was called in, and being sworn, was examined by Mr. Peckham as follows:

Q. "Do you know Mr. Davis?"

A. "Yes."

Q. "Did you see Davis at any Time with Mr. Petrie?"

A. "Yes."

Q. "Did Mr. Petrie or Mr. Davis canvass you for Mr. Petrie?"

A. "Mr. Davis canvassed me."

Q. "What did he tell you?"

A. "He asked us "to go and speak to Mr. Petrie."

"He said "we were not at Home when he came down upon his Canvas," and desired us "to go and speak to him;" with that we went to Mr. Petrie. He said, we were Three Men that was not at home when he was upon his Canvas." Mr. Petrie got up and asked "for our Votes and Interest." We told him we had no Objection against him. There was a young Man there took an Account of our Names; Mr. Petrie rung a Bell, and called for a Bottle of Wine."

Q. "Was that young Man a Friend of Mr. Petrie's?"

A. "He came down with him; I believe he was with him in the Room; the young Man gave us a Glass apiece round; Mr. Petrie made Answer, whatever my Friend Davis says, I will be answerable to it."

Q. "What did Davis say?"

A. "He said, "if we would be that way of thinking, if Mr. Petrie was in he would give us Twenty Guineas; and if he was out, he would give us Ten."

Q. "How many Voters were in the Room at this Time?"

A. "I can't say, there were Three of us in the Street at first, John Symonds and Benjamin Stratford were with me."

Q. "Were they to have the same Sums as you were to have?"

A. "Yes."

Cross-examined by Mr. Grant.

Q. "The Conversation about Twenty in and Ten out passed in the Street?"

A. "Yes."

Q. "Not in the Room?"

A. "No."

Q. "Nobody but these Persons were present?"

A. "Yes, but I can't tell now who they were."

Q. "Was Mr. Petrie present at that Time?"

A. "We went into the Room to him."

Q. "Did you hear any of the Voters say any Thing about Money?"

A. "No, I did not."

He was directed to withdraw.

Then John Symonds was called in, and being sworn, was examined by Mr. Cowper, as follows:

Q. "Do you remember the Time when the Writ came down for the Election of Members for the Borough of Cricklade?"

A. "Yes, I remember its coming down, but I don't know what Day."

Q. "Do you remember being, at any Time after the Writ came down, and before the Election, at the House of Mr. Gun?"

A. "Yes."

Q. "Do you remember seeing Mr. Petrie, Mr. Davis, and Mr. Townsend there?"

A. "Mr. Davis came to Robert Clarke, Benjamin Stratford, and me."

Q. "Are you, and the others you mentioned, Voters?"

A. "Yes. He asked we for our Vote and Interest for Mr. Petrie his Friend; we denied it. He asked us to go up to Mr. Gun's House. As we were going up the Market Place along with Thomas Davis, Thomas Davis promised us we should have Twenty Guineas if Mr. Petrie was elected, and Ten if he was not."

Q. "Did you afterwards go up to Gun's House?"

A. "Yes, and into the Room to Mr. Petrie; into Mr. Petrie's Presence."

Q. "What did Mr. Petrie say to you?"

A. "He asked us first for our Vote and Interest. He said, "that what Thomas Davis did say he would be answerable for."

Q. "Did any of you make any Answer to that?"

A. "That we had no Objection."

Q. "Was that all that passed?"

A. "Yes, we drank a Glass of Wine in Mr. Petrie's Presence; then we set out into the other Room and drank Beer or Ale as long as we thought fit."

Cross examined by Mr. Anstruther.

Q. "Who did you vote for?"

A. "Mr. Benfield and Mr. Macpherson."

Q. "Who did Robert Clarke vote for?"

A. "The same."

Q. "Who did Benjamin Stratford vote for?"

A. "The same, all Three of us."

Q. "Then none of you took this Promise of Mr. Petrie?"

A. "No."

He was directed to withdraw.

Then Benjamin Stratford was called in, who being sworn, was examined by Mr. Peckham, as follows:

Q. "Was you at Mr. Gun's House with Mr. Petrie?"

A. "Yes."

Q. "Was Davis with you?"

A. "Yes."

Q. "What Conversation passed between you and Davis concerning you and Mr. Petrie?"

A. "The Night after the Writ was cryed Thomas Davis met me with John Symonds and Robert Clarke. He asked me "If we had spoke to Mr. Petrie." I said, "No, we had not." He said, "Go up and speak to Mr. Petrie." I said, "What for?" He said, "It was all right, we should have Twenty Guineas if he was chose, and Ten Guineas if he was not." He said that to me and the Two other Persons with me."

Q. "Were you introduced to Mr. Petrie?"

A. "Yes, I do believe we were.—With that we passed on to Mr. Gun's Door, there he pressed upon us to go in, and then we went in. When we came into the Room, there was Mr. Petrie and Two or Three more, Thomas Davis said, "These is the Men that was not at Home when we were upon the Canvas." He said, "he hoped he should have our Vote and Interest;" some in the Room said we had no Objection; our Names was taken down, he called for a Bottle of Wine, we had a Glass a piece, and when we were going out of the Room he said, "What my Friend Davis promises I will be answerable to it."

Q. "Davis had promised you Twenty Guineas if he was chosen, and Ten if he was not?"

A. "Yes."

Q. "How many Voters were there in the Room at that Time?"

A. "I can't say; there were Three or Four besides me in that Room; but there were a Power more in the other Room when we went in to have some Beer."

Q. "What passed in the other Room?"

A. "Nothing; we was there and was merry one with the other."

Q. "Have you heard any of the Voters say they had received Money?"

A. "No, not for this Election, I never did."

Cross-examined by Mr. Grant.

Q. "Who did you vote for?"

A. "Mr. Macpherson and Mr. Benfield."

Q. "You never heard of any Money at this Election?"

A. "No, and I did not receive any; I never had any Promise except it was from that Party."

He was directed to withdraw.

Then Edward Wilkes was called in, and being sworn, was examined by Mr. Cowper, as follows:

Q. "Do you know Mr. Davis?"

A. "Yes."

Q. "Did you see him at any Time before the Election at Cricklade?"

A. "Yes."

Q. "Had you any Conversation with him about whom you should vote for?"

A. "I had?"

Q. "Did he solicit your Vote for any Person?"

A. "Yes, he asked me to vote for Mr. Petrie; I told him I had no Objection against no Gentleman; that one Gentleman was as much to me as another."

Q. "Did you ask him for any Money?—Though I must inform you that you are not bound to answer that Question."

A. "No, he did not. He said, "If I would vote for Mr. Petrie he would be bound I should have Twenty Guineas as soon as the Election was over; and if he was not chose, if I voted for him he would give me Ten."

Q. "Had you after this, at any Time any Conversation with Mr. Davis about what had passed between you and him?"

A. "At last March Assize was Twelve-month at Salisbury, just coming out of Court."

Q. "There you saw Davis?"

A. "Yes."

Q. "Were you subpœna'd as a Witness?"

A. "Yes."

Q. "Had you been examined then?"

A. "No; Davis met me full butt. He said, Edward Wilkes, I expect you will be called presently, but don't say what I gave you nor what I promised you, and don't say nothing about no Bribery." I said, No, Mr. Davis, I have no Occasion to swear any Thing false; I will go in and swear the Truth of what you did give me, and what you promised me."

Q. "Had you any other Conversation with him about this Matter?"

A. "Yes, about Two Miles out of Cricklade, at one Mases Brown's, a little Public House; there we had some Words; I asked him, "How he could be so bad a Man to indict me for telling the Truth."

Q. "Have you been indicted for Perjury?"

A. "Yes, Davis did, for my telling these Words— the Truth."

Q. "When was that done?"

A. "About Half a Year ago at Marlborough Quarter Sessions; though it is more than that I believe."

Q. "What is become of that Indictment?

A. "Mr. Vincent gave Bail for me and Thomas Skull."

Q. "How long ago has that Bail been put in?"

A. "I can't tell."

Q. "Have you had Notice of Trial?"

A. "Yes, one Mr. Vincent had given Notice of Trial."

Q. "When had you this Notice?"

A. "Mr. Vincent gave Notice in the House of somebody, I can't recollect the Name."

Q. "Are you called upon to appear any where particularly?"

A. "Nowhere in particular, only that we must appear next Midsummer Assizes."

Cross-examined by Mr. Anstruther.

Q. "Did you vote?"

A. "Yes."

Q. "For whom?"

A. "Mr. Benfield and one Mr. Macpherson."

Q. "What did you receive from Davis and Gun?"

A. "Only Two-pence Halfpenny, that was the Election Day in the Morning to buy some Beer, that was all."

He was directed to withdraw.

Then Thomas Price was called in, who being sworn, was examined by Mr. Peckham, as follows:

Q. "Did you see Mr. Davis at the last Election for Cricklade with Mr. Hobgood?"

A. "Yes."

Q. "Where was it; at the New Inn?"

A. "At the New Inn."

Q. "Did Davis make any Figures in Chalk there?"

A. "Yes."

Q. "What were those Figures?"

A. "A Figure of Ten and a Figure of Twenty."

Q. "Were there any Voters by at the Time?"

A. "Yes, Hobgood, Symonds, Christopher Saunders, Mr. Akerman, and myself, and the Landlord was backwards and forwards."

Q. "What were those Figures for?"

A. "I did not understand the Meaning of them at first."

Q. "Who explained them to you?"

A. "Hobgood."

Q. "In what Manner?"

A. "I can't tell."

Q. "What did Twenty mean?"

A. "Money I believe, I took it in that Light."

Q. "To mean what?"

A. "Twenty Guineas."

Q. "What was the Word in for?"

A. "If the Gentleman was in, we was to have Twenty Guineas."

Q. "Ten out, what was that?"

A. "That if he was out, we was to have Ten Guineas; I took it in that Light."

Cross-examined by Mr. Grant.

Q. "Was Mr. Petrie present at that Time, when that was wrote down?"

A. "No."

Q. "Did you see Mr. Petrie that Night?"

A. "Yes."

Q. "Did you hear Mr. Petrie mention Money to the Electors?"

A. "No."

Q. "Did you hear him promise any Money?"

A. "No."

Q. "Did you ever hear him say, "he would stand to what they said?"

A. "No."

Q. "Was you in the Room?"

A. "Yes, all the Time."

Q. "Did Mr. Petrie desire Mr. Gun or Mr. Davis to take Akerman and Symonds out of the Room, and speak with them out of the Room?"

A. "I did not hear it, it was not in my Hearing."

Q. "You was in the Room all the Time?"

A. "Yes, and came away with them Home; we came away together."

He was directed to withdraw.

Mr. Cowper offered to give in Evidence several Records of Convictions for Bribery at the last Cricklade Election, upon which there had been Judgements. Mr. Grant and Mr. Anstruther objected to their Production, but the Objection was over-ruled by the House. The Records not being ready to be produced, a List of them was ordered to be laid before the House To-morrow.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Witnesses, and also the Hearing of Counsel for and against the Bill, and the Second Reading thereof, be put off till Tomorrow; and that the Lords be summoned.

Contractors Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for restraining any Person concerned in any Contract, Commission or Agreement made for the Public Service from being elected, or sitting and voting as a Member of the House of Commons;" and for the Lords to be summoned:

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

Revenue Officers voting Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for better securing the Freedom of Elections of Members to serve in Parliament, by disabling certain Officers employed in the Collection or Management of His Majesty's Revenues, from giving their Votes at such Elections," and for the Lords to be summoned:

Ordered, That the said Bill be read a Second Time on Tuesday next, and the Lords summoned:

D. Hamilton's Petition, praying a Writ of Summons as D. Brandon to be considered:

It being moved, "That the Order of Monday last, appointing the Committee of Privileges to meet on Monday next, to consider of the Petition of Douglas Duke of Hamilton and Brandon to His Majesty; praying, "That His Majesty would be graciously pleased to give Directions, that a Writ be issued to summon the Petitioner to Parliament, by the Title of Duke of Brandon;" and also His Majesty's Reference thereof to this House; together with the Report of His Majesty's Attorney General thereupon; and that Notice thereof be given to His Majesty's Attorney General," might be now read:"

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Resolved, "That this House will, on Thursday next, take into Consideration the Petition of Douglas Duke of Hamilton and Brandon, to His Majesty; praying, That His Majesty would be graciously pleased to give Directions that a Writ be issued to summon the Petitioner to Parliament, by the Title of Duke of Brandon;" and also His Majesty's Reference thereof to this House, together with the Report of His Majesty's Attorney General thereupon:"

Judges to attend.

Ordered, That the Judges do then attend; and that Notice thereof be given to His Majesty's Attorney General.

Adjourn.

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

DIE Veneris, 10o Maii 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Carliol.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Meneven.
Epus. Bristol.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Ds. Camden, Præses.
Dux Grafton, C. P. S.
Dux Manchester, Camerarius.
Dux Richmond.
Dux Chandos.
Comes Salisbury.
Comes Denbigh.
Comes Coventry.
Comes Cholmondeley.
Comes Galloway.
Comes Aberdeen.
Comes Ferrers.
Comes Strafford.
Comes Effingham.
Comes Gower.
Comes Fitzwilliam.
Comes Spencer.
Comes Bathurst.
Comes Mansfield.
Viscount Stormont.
Viscount Dudley & Ward.
Viscount Sackville.
Ds. Say & Sele.
Ds. Teynham.
Ds. Middleton.
Ds. King.
Ds. Monson.
Ds. Chedworth.
Ds. Sandys.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Vere.
Ds. Wycombe.
Ds. Scarsdale.
Ds. Digby.
Ds. Amherst.
Ds. Loughborough.
Ds. Bagot.
Ds. Porchester.
Ds. Grantley.

PRAYERS.

Romsey Road Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to continue the Term and alter the Powers of an Act made in the Twenty-ninth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for repairing and widening the Roads leading from a Pond belonging to Henry Eyre Esquire, in the Parish of White Parish, in the County of Wilts, to the Top of Dunwood Hill; and from thence over Great Bridge and Middle Bridge, through Romsey-infra, to Hunared Bridge, in the County of Southampton; and from thence to the County of the Town of Southampton."

Lady Holdernesse's Estate Bill.

The Lord Scarsdale reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estates of Robert late Earl of Holdernesse, deceased, in the County of York, in Trustees for a Term of Years, for raising and Payment of the Sum of Five thousand Pounds, charged by the Will of the said Earl on his said Estates," 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 one Amendment thereto;" which Amendment being read Twice by the Clerk, was agreed to by the House.

Ordered, That the said Bill, with the Amendment be engrossed.

St. Margaret and St. John's Paving Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for amending the Pavement in, and for lighting some of the Streets, Lanes, Ways, and Places in the Parishes of Saint Margaret and Saint John the Evangelist in Westminster, which are at present excluded from the Provisions of an Act passed in the Eleventh Year of His present Majesty, intituled, "An Act to amend and render more effectual several Acts made relating to paving, cleansing, and lighting the Squares, Streets, Lanes, and other Places within the City and Liberty of Westminster, and Parts adjacent," and for preventing Nuisances and Annoyances in or near the same; and for making an Opening from Orchard Street, and widening some Part of Wood Street, and of Little Peter Street," 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."

Kew Bridge Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for building a Stone Bridge cross the River of Thames, from the Parish of Ealing, in the County of Middlesex, to the opposite Shore, in the Hamlet of Kew, in the County of Surrey," was committed.

Brecon, &c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Thirty-third Year of the Reign of King George the Second, for repairing the Roads from the Town of Brecon to the Parish of Brobury, and to Whitney Passage, in the County of Hereford; and for building a Bridge over the River Wye at Bredwardine Passage, in the same County, so far as relates to such of the Roads comprized in the said Act, as lie in the County of Hereford," was committed.

Wey Hill Road Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Second Year of His present Majesty, for repairing and widening the Road from the Turnpike Road at Wey Hill, in the County of Southampton, to the Turnpike Road at Lyde Way, in the County of Wilts," was committed.

Appleby, &c. Road Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act made in the First Year of the Reign of His present Majesty, intituled, "An Act for repairing and widening the Road from the Borough of Appleby, in the County of Westmorland, through the Township of Orton, to Kirby Kendall, and from Orton to the Turnpike Road near Shapp, and from Highgate near Tebay, in a Part of the Highway between Appleby and Kirby Kendall, through the Town of Kirby Steven, to the Town of Market Brough, in the said County."

Calverton Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures, and other Commonable Lands and Grounds, in the Manor of Calverton, with the West Side of Stoney Stratford, in the County of Buckingham."

Coal Ships Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to revive and continue an Act passed in the Sixth Year of the Reign of His present Majesty, intituled, "An Act to regulate the Loading of Ships with Coals in the Ports of Newcastle and Sunderland:"

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

Ld. President.
Ld. Privy Seal.
Ld. Chamberlain.
D. Richmond.
D. Chandos.
E. Salisbury.
E. Denbigh.
E. Coventry.
E. Cholmondeley.
E. Galloway.
E. Aberdeen.
E. Ferrers.
E. Strafford.
E. Effingham.
E. Gower.
E. Fitzwilliam.
E. Spencer.
E. Bathurst.
E. Mansfield.
V. Stormont.
V. Dudley & Ward.
V. Sackville.
L. Abp. York.
L. Bp. Carlisle.
L. Bp. Peterborough.
L. Bp. Ely.
L. Bp. Lincoln.
L. Bp. St. David's.
L. Bp. Bristol.
L. Say & Sele.
L. Teynham.
L. Middleton.
L. King.
L. Monson.
L. Chedworth.
L. Sandys.
L. Ravensworth.
L. Ponsonby.
L. Vere.
L. Wycombe.
L. Scarsdale.
L. Digby.
L. Amherst.
L. Loughborough.
L. Bagot.
L. Porchester.
L. Grantley.

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.

Legrand against his Wife.

A Petition of Richard Legrand Esquire, Appellant in a Cause depending in this House, to which Maria his Wife is Respondent, was presented and read; setting forth, "That upon an Application made to their Lordships on the 25th of April last, they were pleased to order the Cause to be heard at the Bar on Tuesday next; that immediately on this Order being made, the Petitioner's Agent here acquainted his Agents in Scotland, and desired, that the Proceedings might be forthwith transmitted to London; and from the scanty Materials he was possessed of he made a Draft of the Case, proposed to be given in to their Lordships, and sent it to be perused and settled by the Petitioner's Counsel in the Court below as is the usual Practice; to this there cannot be a Return in Course of Post till Saturday next, and the Petitioner's Agent has not yet received the Extract, though he has every Reason to believe, that there is no Intention to create unnecessary Delay; and in these Circumstances the Petitioner hopes, their Lordships will not oblige him to come to the Bar unprepared in a Matter of such Consequence to him;" and therefore praying, "Their Lordships will be pleased to delay the Hearing of this Cause till the First Day after the ensuing Holidays, or to such other Time as to their Lordships shall seem proper:"

And thereupon the Agents on both Sides were called in, and heard at the Bar; and being withdrawn,

Ordered, That the Hearing of the said Cause be put off to the First Tuesday after the Recess at Whitsuntide.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Robert Hunter Esquire and others are Appellants, and John Buchan Esquire is Respondent, which stands appointed for Monday next, be put off to the first Cause Day after the Recess at Whitsuntide; and that the rest of the Causes on Cause Days be removed in Course.

Tobacco, &c. Bill.

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

With a Bill, intituled, "An Act for granting an additional Duty upon Tobacco and Snuff, and for repealing certain Duties payable upon the Importation of Brandy and Arrack, and for granting other Duties in lieu thereof;" to which they desire the Concurrence of this House.

St. Kitts Goods Importation Bill.

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

With a Bill, intituled, "An Act for allowing the Importation of Goods of the Growth, Produce, or Manufacture of the Islands of Saint Christopher, Nevis, and Montserrat, into any Ports of His Majesty's Dominions in Europe or America, upon Payment of the British Plantation Duties;" to which they desire the Concurrence of this House.

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

Winstone Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Pastures, and Commonable and Waste Lands, within the Manor and Parish of Winstone, in the County of Gloucester;" to which they desire the Concurrence of this House.

Winchester Election Bill.

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

With a Bill, intituled, "An Act for further continuing an Act made in the Twentieth Year of the Reign of His present Majesty, intituled, "An Act for exempting the City of Winchester the County of Southampton, the Town of Shrewsbury, and the County of Salop, out of the Provisions of an Act made in the Eighth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for regulating the Quartering of Soldiers during the Time of the Elections of Members to serve in Parliament," so far as the same relates to the Removal of Troops during the Elections of Members to serve in Parliament, for a limited Time;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hardwicke Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from a Place called The Hardwicke, in the Parish of Clifford, to Windmill Hill, and from Vowchurch to Pontrilas, in the County of Hereford;" to which they desire the Concurrence of this House.

Cricklade Election Bill.

The Order of the Day being read for the further Hearing of Witnesses, and also the Hearing of Counsel for and against, and the Second Reading of the Bill, intituled, "An Act for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts;" and for the Lords to be summoned:

Counsel were called in.

Then Thomas Willett was called in, who being sworn, was examined by Mr. Anstruther as follows:

Q. "Where do you live?"

A. "At Swinden, about Seven or Eight Miles from Cricklade."

Q. "You are, I belive, a Justice of Peace?"

A. "Yes."

Q. "Do you know Thomas Man Gun?"

A. "Yes."

Q. "What Character has he in his Neighbourhood?"

A. "A very bad Character."

Q. "Do you think he is a Man to be believed upon his Oath?"

A. "No, upon my Oath, I think he is not."

Cross-examined by Mr. Cowper.

Q. "Was you examined in the Courts below to this Point?"

A. "Yes, at Salisbury and before the Committee of the House of Commons."

Q. "Where I presume you gave the same Evidence?"

A. "Yes."

Examined by the House.

Q. "Upon what is it that you formed that Opinion?"

A. "I have had him before me."

He was directed to withdraw.

Then the Reverend Mr. Edward Campbell was called in; who, being sworn, was examined by Mr. Grant, as follows:

Q. "Do you live at Cricklade?"

A. "Yes."

Q. "What are you?"

A. "Curate to Dr. Froome."

Q. "Do you know Mr. Gun?"

A. "I have known him almost Seven Years."

Q. "What Character does Mr. Gun bear?"

A. "In general a very bad one."

Q. "Do you think he is a Man to be believed upon his Oath?"

A. "I do not think him a Man to be believed upon his Oath?"

Cross-examined by Mr. Peckham.

Q. "Have you ever had any Dealings with this bad Man?"

A. "I have sometimes had Dealings with him."

Q. "What have you bought of him?"

A. "Sometimes Wine and sometimes Malt."

Q. "Have you dealt with him for those Articles you could have bought in the same Town of other Persons?"

A. "Yes, I have; there was another Maltster in the Town."

Q. "And yet, though there were Two Persons in the Town who sold the same Commodity, yet you, though a Clergyman, thought proper to deal with this Man, who was not to be believed upon his Oath?"

A. "From his general Character that I have heard since I dealt with him, I should not believe him upon his Oath."

Q. "When did you form this Opinion of his Character?"

A. "I have heard a bad Character of him for some Time."

Q. "And have you dealt with him since you heard or knew this bad Character of him?"

A. "I do not recollect that I have, though, as he lives near, if I wanted a Bottle of Wine I might send for it."

Q. "How long has he had this bad Character in your Opinion?"

A. "I have heard it several Times since the Year 1779."

Q. "Have you ceased dealing with him from 1779?"

A. "I believe I might have bought in the Year 1779, or between 1779 and 1780; I cannot recollect to say now whether I have or not; I speak as to his general Character."

Q. "I suppose the Characters of most People at Cricklade are different now from what they were before these Disputes broke out between them?"

A. "I look upon myself only as called to the Character of Mr. Gun."

Q. "But do or not People speak with greater Heat relative to each other's Character?"

A. "No, upon my Honour."

Q. "Upon your temperate sober Judgment?"

A. "Yes; he is a Man reckoned of immoral Character."

Q. "And therefore you as a Clergyman deal with him?"

A. "I have not dealt with him for some Time."

Examined by the House.

Q. "Whether you found, in your Dealings with him, that he dealt as fairly and honestly as other Men might have done?"

A. "I suppose he might sell his Malt and his Wine at the same Price as other Persons."

Q. "And as good Measure and Quality; you never discovered any Cheating or Roguery of any Kind?"

A. "I have bought, as to his Malt, better of another than I have of him."

Q. "Whether you have ever given Evidence to the same Purport as this before?"

A. "I apprehend I gave at the Assizes much the same Evidence against him."

Q. "And any where else?"

A. "Yes, before the Committee, I believe."

Q. "Upon what Occasion, was it at the Assizes?"

A. "I was summoned to give a Character of Mr. Gun; I was asked his Character at the Assizes."

Q. "What was the Cause that was tried when you did give that Character of him?"

A. "It was relative to the Cricklade Election."

Q. "What was the Cause?"

A. "I do not recollect the Name of the Cause."

Q. "Are you one of the Petitioners against this Bill?"

A. "Yes."

Mr. Peckham.—"If I had known that, I should have objected to the Evidence."

Q. "Do you recollect whether, when you gave this Evidence at Salisbury against Gun's Character, the Person against whom Gun swore was acquitted or found guilty?"

A. "I do not recollect that."

He was directed to withdraw.

Then John Jenner was called in; and, being sworn, was examined by Mr. Anstruther, as follows:

Mr. Peckham.—"Are you a Petitioner?"

A. "Yes."

Q. "Where do you live?"

A. "Four Miles from Cricklade."

Q. "Do you know Man Gun."

A. "Yes."

Q. "What Character has Gun?"

A. "A very bad one."

Q. "Do you think he is a Man to be believed upon his Oath?"

A. "No."

Cross-examined by Mr. Cowper.

Q. "You have been examined before I believe?"

A. "Yes."

Q. "Was you examined at Salisbury?"

A. "No."

Q. "Was you examined before the Committee of the House of Commons?"

A. "Yes."

Q. "And then you gave the same Evidence?"

A. "Yes."

Examined by the House.

Q. "Had you ever any Dealing with Man Gun?"

A. "No."

Q. "Which Side did you vote of at the last Election?"

A. "I have no Vote."

Q. "Had you ever any Dispute or Quarrel with Man Gun?"

A. "No."

He was directed to withdraw.

Then Alexander Hughes was called in; and, being sworn, was examined by Mr. Grant, as follows:

Q. What are you?

A. "A Grazier and Ironmonger."

Q. "You have an Estate in the Neighbourhood of Cricklade, have not you?"

A. "Yes."

Q. "Do you know Thomas Man Gun?"

A. "Yes."

Q. "Pray what is his Character in general?"

A. "Very bad one in general."

Q. "Do you think that he is a Man to be believed upon his Oath?"

A. "No, I do not think he is."

Cross-examined by Mr. Peckham.

Q. "I believe you was examined as a Witness at Salisbury, in a Cause between Mr. Petrie and Lord Porchester, in which Man Gun had given his Testimony?"

A. "No."

Q. "Was not you at the Assizes at Salisbury?"

A. "I was not."

Q. "Have you ever been examined as a Witness before?"

A. "Yes."

Q. "Was it before the Committee of the House of Commons?"

A. "Before the Committee."

Q. "Was you examined then respecting the Character of Man Gun?"

A. "Yes."

He was directed to withdraw.

Then Andrew Badan was called in; and, being sworn, was examined by Mr. Anstruther, as follows:

Q. "Where do you live?"

A. "I live Four Miles from Cricklade."

Q. "Have you lived long near Cricklade?"

A. "Eight or Nine Years."

Q. "Do you know Man Gun?"

A. "Yes, I have known him about Eight Years."

Q. "What is his general Character?"

A. "I have lately heard a very bad Character of him."

Q. "Should you believe him upon his Oath?"

A. "Not from the Character I have heard of him, I should not."

Cross-examined by Mr. Peckham.

Q. "He has had a bad Character, I believe, since he convicted so many Persons of Bribery?"

A. "I have heard a very bad Character in general of him."

Q. "You have been examined before?"

A. "Yes, before the Committee of the House of Commons."

Q. "Your Testimony then was of the same Kind as it is now."

A. "As near as I can charge my Memory."

He was directed to withdraw.

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the Second Reading of the said Bill be put off to Monday next; and the Lords summoned.

Judgements in several Actions for Bribery at the last Election of Members for Cricklade, and wherein final Judgement have been entered up upon the Rule, with the Sums recovered in such Actions.

Hilary Term 1781.Sums recovered.
£.
John Bristow, at the Suit of Samuel Petrie Esquire, Easter Term 17815,000
Lord Porchester, at the Suit of Samuel Petrie Esquire, Trinity Term 17812,000
Samuel Petrie Esquire, at the Suit of John Macpherson Esquire500
Samuel Petrie Esquire, at the Suit of Paul Benfield1,000
Lord Porchester, at the Suit of Samuel Petrie Esquire5,000
Nevil Cuss the Elder, at the Suit of Samuel Petrie Esquire500
Thomas Fitcher, at the Suit of Samuel Petrie Esquire500
Robert Hopkins, at the Suit of Samuel Petrie Esquire500
Olive Mills, at the Suit of Samuel Petrie Esquire500
William Waine at the Suit of Samuel Petrie Esquire500
William Hinton, at the Suit of George Richards500
George Townsend, at the Suit of John Bristow500

Adjourn.

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

Footnotes

1 Sic in Org. Copy of Evidence.
2 Sic. in Orig. Evidence.