House of Lords Journal Volume 38
February 1788 1-10

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1767-1830

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66-72

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'House of Lords Journal Volume 38: February 1788 1-10', Journal of the House of Lords volume 38: 1787-1790 (1767-1830), pp. 66-72. URL: http://british-history.ac.uk/report.aspx?compid=116825 Date accessed: 26 July 2014.


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February 1788 1-10

DIE Veneris, 1o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Eliens.
Epus. Roffen.
Epus. Carliol.
Epus. Cestrien.
Dux Gloucester.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Portland.
Comes Sandwich.
Comes Morton.
Comes Selkirk.
Comes Hopetoun.
Comes De la Warr.
Comes Strange.
Viscount Mount Edgcumbe & Valletort.
Viscount Howe.
Viscount Hamilton.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Kinnaird.
Ds. Cathcart.
Ds. Loughborough.
Ds. Porchester.
Ds. Rawdon.

PRAYERS.

L. Cathcart takes the Oaths.

This Day William Lord Cathcart took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

East India Company against Tod in Error.

The Order of the Day being read for hearing Counsel to argue the Errors, assigned upon the Writ of Error, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant, brought in order to reverse a Judgement given in the Court of King's Bench against the said Plaintiffs in Error:

Counsel were accordingly called in.

And the Counsel for the Plaintiffs having been heard:

As also, the Counsel for the Defendant:

They were directed to withdraw.

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday next.

Donald against Kirkaldy:

Upon reading the Petition and Appeal of David Donald Esquire of Conheath, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 21st of July and 11th of December 1787; and praying, "That the same may be reversed, varied, or altered, 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 Anne Kirkaldy, Daughter of George Kirkaldy Tenant at Dryburgh, and George Kirkaldy her Father, may be required to answer the said Appeal:"

It is Ordered, That the said Anne Kirkaldy and George Kirkaldy her Father may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Friday the 29th Day of this Instant February; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Spottiswoode to enter into Recognizance on said Appeal.

The House being moved, "That John Spottiswoode of Sackville Street, Gentleman, may be permitted to enter into a Recognizance for David Donald Esquire, on account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

Taylor against Taylor:

Upon reading the Petition and Appeal of Robert Taylor Esquire, eldest Son and Heir of the deceased Robert Taylor of Kirtonhill, and Heir of Provision of the deceased Robert Taylor last of Burrowfield, his Cousin German, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 12th of July and 11th of December 1787; 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 Elizabeth Jean Taylor then Wife, now Relict, of Robert Renny Merchant in Jamaica, may be required to answer the said Appeal:"

It is Ordered, That the said Elizabeth Jean Taylor may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing, on or before Friday the 29th Day of this Instant February; and Service of this Order upon any of the Counsel or Agents of the said Respondent, in the Court of Session in Scotland, shall be deemed good Service.

Ross to enter into Recognizance on said Appeal.

The House being moved, "That William Ross of Boswell Court in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Robert Taylor Esquire, on account of his Appeal depending in this House, he residing in the Country:"

It is Ordered, That the said William Ross may enter into a Recognizance for the said Appellant, as desired.

Biscoe's Petition referred to Judges.

Upon reading the Petition of Elisha Biscoe of Spring Grove in the County of Middlesex Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Adderley's Petition referred to Judges.

Upon reading the Petition of Charles Bowyer Adderley Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Tunbridge Wells Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing, widening, and keeping in Repair the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex; and for amending the Road from Florence Farm in the Parish of Withyham, to Forest Row in the Parish of East Grinstead in the County of Sussex."

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. Walker:

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

Impeachments, Precedents of Proceedings to be searched.

The Lords following were appointed a Committee to inspect the Journals of this House, and to report to this House the Precedents they find of the Proceedings of this House upon the Trial of Impeachments:

Ld. Privy Seal.
D. Portland.
E. Sandwich.
E. Morton.
E. Selkirk.
E. Hopetoun.
E. De la Warr.
E. Strange.
V. Mount Edgcumbe & Valletort.
V. Howe.
V. Hamilton.
L. Abp. Canterbury.
L. Bp. Ely.
L. Bp. Rochester.
L. Bp. Carlisle.
L. Bp. Chester.
L. Osborne.
L. Willoughby Br.
L. Kinnaird.
L. Cathcart.
L. Loughborough.
L. Porchester.
L. Rawdon.

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

Thanks to Bp. Gloucester for his Sermon.

Ordered, That the Thanks of this House be and are hereby given to the Lord Bishop of Gloucester, for the Sermon by him preached before this House on Wednesday last in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Bp. Chester takes the Oaths.

This Day William Lord Bishop of Chester took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Dartford Roads Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing and widening several Roads leading to the Town of Dartford in the County of Kent;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Commissioners, Second Report of Land Revenue, delivered.

The House being informed, "That Mr. Harrison, from the Commissioners appointed to enquire into the State and Condition of the Land Revenues of the Crown, attended:"

He was called in, and delivered at the Bar,

"The Second Report of the Commissioners appointed to enquire into the State and Condition of the Woods, Forests, and Land Revenues of the Crown, and to sell or alienate Fee Farm and other unimprovable Rents, dated 11th December 1787;" together with Schedules referred to in the said Report.

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Adjourn.

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

DIE Lunæ, 4o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor.
Epus. Carliol.
Ds. Thurlow, Cancellarius.
Dux Portland.
Dux Manchester.
Comes Salisbury, Camerarius.
Comes Sandwich.
Comes Carlisle.
Comes Mansfield.
Comes Norwich.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Kinnaird.
Ds. Scarsdale.
Ds. Hawke.
Ds. Porchester.
Ds. Grantley.
Ds. Rodney.
Ds. Rawdon.
Ds. Hawkesbury.

PRAYERS.

East India Company against Tod in Error:

The Order of the Day being read for hearing Counsel further to argue the Errors, assigned upon the Writ of Error, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant:

Counsel were accordingly called in.

And One Counsel for the Appellant having been heard by way of Reply:

The Counsel were directed to withdraw.

Question put to Judges.

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

"Whether Damages occasioned by Storms were Part of the Damages included in the Word Ship Damage, in the Charter Party in the Pleadings mentioned?"

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

And the Judges desiring Time to consider the said Question:

Ordered, That the further Consideration of the said Cause be put off to Friday next; and that the Judges do then attend, to deliver their Opinions upon the said Question.

Impeachments; all Lords added to Committee to search Precedents of Proceedings.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee appointed to report to this House the Precedents they shall find of the Proceedings of this House upon the Trial of Impeachments, be added to the said Committee.

Dartford Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing and widening several Roads leading to the Town of Dartford in the County of Kent."

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

D. Portland.
D. Manchester.
Ld. Chamberlain.
E. Sandwich.
E. Carlisle.
E. Mansfield.
E. Norwich.
L. Bp. Bangor.
L. Bp. Carlisle.
L. Sydney.
L. Kinnaird.
L. Scarsdale.
L. Hawke.
L. Porchester.
L. Grantley.
L. Rodney.
L. Rawdon.
L. Hawkesbury.

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

Writs of Error delivered.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Three Writs of Error.

In the First of which,

Brooks and Cadman against Boylston:

Mary Camilla Brooks and Richard Cadman are Plaintiffs,
and
Thomas Boylston is Defendant.

In the Second,

Ward against Warre:

William Ward is Plaintiff,
and
John Henry Warre is Defendant.

And in the last,

De Berdt against Bird and Dolby.

Dennis De Berdt is Plaintiff,
and
William Bird and William Dolby are Defendants.

Adjourn.

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

DIE Martis, 5o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Archiep. Cantuar.
Archiep. Ebor.
Epus. Londin.
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Petriburg.
Epus. Eliens.
Epus. Roffen.
Epus. Wigorn.
Epus. Exon.
Epus. Bangor.
Epus. Glocestr.
Epus. Landaven.
Epus. Bristol.
Epus. Carliol.
Dux York.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Richmond.
Dux St. Alban's.
Dux Devonshire.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
Comes Winchelsea & Nottingham.
Comes Sandwich.
Comes Essex.
Comes Abingdon.
Comes Morton.
Comes Selkirk.
Comes Balcarres.
Comes Breadalbane.
Comes Hopetoun.
Comes Dartmouth.
Comes Stanhope.
Comes Bucks.
Comes Fauconberg.
Comes De la Warr.
Comes Bathurst.
Comes Ailesbury.
Comes Uxbridge.
Comes Norwich.
Comes Strange.
Viscount Weymouth.
Viscount Stormont.
Viscount Hampden.
Viscount Mount Edgcumbe & Valletort.
Viscount Howe.
Viscount Hamilton.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Say & Sele.
Ds. Teynham.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Montfort.
Ds. Chedworth.
Ds. Sandys.
Ds. Ponsonby.
Ds. Scarsdale.
Ds. Boston.
Ds. Digby.
Ds. Cardiff.
Ds. Hawke.
Ds. Amherst.
Ds. Foley.
Ds. Loughborough.
Ds. Walsingham.
Ds. Southampton.
Ds. Porchester.
Ds. Rodney.
Ds. Rawdon.
Ds. Bulkeley.
Ds. Sommers.
Ds. Douglas.
Ds. Hawkesbury.
Ds. Heathfield.

PRAYERS.

Impeachments; Report from Committee of Precedents of Proceedings:

The Lord Scarsdale reported from the Lords Committees appointed to inspect the Journals of this House, and to report to this House the Precedents they find of the Proceedings of this House upon the Trial of Impeachments:

That the Committee had met and inspected Precedents in the Journals of the House upon former Trials in Cases of Impeachments; and find that the following Methods, Orders, and Ceremonies have been usually observed upon such Trials:

"That the Serjeant at Arms be continued in the House to make Proclamations, which are to be done in the King's Name."

"That on the Day of Trial, the whole Body of the House shall meet in the House in their Robes."

"That being so met, they shall go to Prayers as a House; and after Prayers they shall adjourn into Westminster Hall."

"That from the House the Lords shall go in this Manner: First, the Clerks; then the Masters in Chancery; then the Judges; then the Gentleman Usher of the Black Rod; then the Lords Two and Two; the youngest Barons to go first, and so in Order, according to their Precedency, Garter King of Arms calling them in their due Places by a List; and when they come into Westminster Hall, the Lords are to place themselves according to their Precedency in the House there till all the Peers are placed."

"That the Serjeant at Arms do go before the Lord Chancellor."

"That in Westminster Hall the House shall be resumed; and other Ceremonies, to be observed by Officers necessary to manage the Trial, be left to be performed according to the usual Method of such Trials."

"That the Lord Chancellor do ask Leave of the House for the Judges to be covered."

"That Proclamation be made for keeping Silence."

"Also, for calling the Prisoner to the Bar, who is to kneel until the Lord Chancellor bids him stand up."

"That such Peers at the Trial of the impeached Person, who at the Instance of the said Person, or of the Commons, shall be admitted Witnesses, are to be sworn at the Clerks Table, and the Lord Chancellor to administer the Oath, and to deliver their Evidence in their own Places."

"Those Witnesses that are Commoners are to be sworn at the Bar by the Clerk, and are to deliver their Evidence there."

"That the whole Impeachment is to be read, and then the Answer and Replication; which being done, the Lord Chancellor is to tell the Commons that they may now go on with their Evidence."

"Then the Lord Chancellor is to declare that now the Court is proceeding to hear the Evidence; and desire the Lords to give Attention."

"If any of the Lords or Members of the House of Commons who manage the Evidence, or the Person impeached, do desire to have any Question asked, they must desire the Lord Chancellor to ask the same."

"If any Doubt doth arise at the Trial, no Debate is to be in the Court, but the Question suspended to be debated in the House."

"The Members of the House of Commons to be there before the Lords come."

"None to be covered at the Trial but the Lords."

"That such Persons, who at the Instance of the Person impeached, or of the Commons, shall be admitted Witnesses, are to be sworn at the Bar by the Clerk, and are to deliver their Evidence there."

The Oath to be,

"The Evidence that you shall give upon the Impeachment of Warren Hastings shall be the Truth, the whole Truth, and nothing but the Truth. So help you God, and the Contents of this Book."

"The Person impeached may cross-examine Witnesses vivâ voce."

"That if any Peer of Great Britain, who hath not a Place in Parliament, shall be admitted as a Witness at the Trial of the Person impeached, a Chair be placed for him near the Table in the Court; and that such Peer shall be sworn by the Lord Chancellor, and deliver his Evidence standing up there."

And the said Report being read by the Clerk:

Hastings' Trial: Ceremonies to be observed.

The following Rules, Orders, and Ceremonies were ordered to be observed at the Trial of Warren Hastings Esquire:

Ordered, That the Serjeant at Arms be continued in the House to make Proclamations, which are to be done in the King's Name.

Ordered, That on the Day of Trial the whole Body of the House shall meet in the House in their Robes.

Ordered, That being so met, they shall go to Prayers as a House; and after Prayers they shall adjourn into Westminster Hall.

Ordered, That from the House the Lords shall go in this Manner: First, the Clerks; then the Masters in Chancery; then the Judges; then the Gentleman Usher of the Black Rod; then the Lords Two and Two; the youngest Barons to go first, and so in Order according to their Precedency, Garter King at Arms calling them in their due Places by a List; and when they come into Westminster Hall, the Lords are to place themselves according to their Precedency in the House there, until all the Peers are placed.

Ordered, That the Serjeant at Arms do go before the Lord Chancellor.

Ordered, That in Westminster Hall the House shall be resumed; and other Ceremonies, to be observed by Officers necessary to manage the Trial, be left to be performed according to the usual Methods of such Trials.

Ordered, That the Lord Chancellor do ask Leave of the House for the Judges to be covered.

Ordered, That Proclamation be made for keeping Silence:

Also, For calling the Person impeached to the Bar, who is to kneel until the Lord Chancellor bids him stand up.

Ordered, That the whole Impeachment, the Answer, and Replication be read, and that the Manner of reading the same be as follows: That the First Article be read and then the Answer thereto; then the Second Article and the Answer thereto; and so on till all the Articles and the Answers thereto respectively shall be read, and then the Replication; which being done, the Lord Chancellor is to tell the Commons that they may now go on with their Evidence.

Then the Lord Chancellor is to declare, that now the Court is proceeding to hear the Evidence; and desire the Lords to give Attention.

Ordered, That if any of the Lords or Members of the House of Commons who manage the Evidence, or the Person impeached, do desire to have any Question asked, they must desire the Lord Chancellor to ask the same.

Ordered, That if any Doubt doth arise at the Trial, no Debate is to be in the Court, but the Question suspended to be debated in the House.

Ordered, That the Members of the House of Commons be there before the Lords come.

Ordered, That none be covered at the Trial but the Lords.

Ordered, That such Peers or Lords of Parliament, who at the Instance of the Person impeached, or of the Commons, shall be admitted Witnesses, are to be sworn at the Clerks Table, the Lord Chancellor to adminster the Oath, and they to deliver their Evidence in their Places.

Ordered, That those Witnesses that are Commoners are to be sworn at the Bar by the Clerk, and are to deliver their Evidence there.

Ordered, That the Oath be,

"The Evidence that you shall give upon the Impeachment of Warren Hastings, shall be the Truth, the whole Truth, and nothing but the Truth. So help you God, and the Contents of this Book."

Ordered, That the Person impeached may crossexamine Witnesses vivâ voce.

Ordered, That if any Peer of Great Britain, who has not a Place in Parliament, shall be admitted as a Witness at the Trial of the Person impeached, a Chair be placed for him near the Table in the Court, and that such Peer shall be sworn by the Lord Chancellor, and deliver his Evidence standing up there.

Ordered, That the Two first Benches in Westminster Hall shall be kept only for the Peeresses and their Daughters, and none others.

Ordered, That all the Judges do attend this House at the Trial of Warren Hastings Esquire on Wednesday the 13th Instant.

Ordered, That the Lords with White Staves do humbly move His Majesty from this House, "That He will be pleased to give Orders that such Guards do attend at the Trial of Warren Hastings Esquire on Wednesday the 13th Instant in Westminster Hall, as hath been usual in such Cases."

Ordered, That all the Constables of Westminster do attend in the Palace Yards at Westminster, on Wednesday the 13th Instant, and during the Trial of Warren Hastings Esquire in Westminster Hall; and that they do take special Care during the said Time, that all the Coaches whatsoever, when they have set down the Persons they bring, be turned away through Old Palace Yard, and so to Abingdon Street; and from thence so that they cannot by any Way return through Parliament Street or King Street, until Four of the Clock in the Afternoon.

To the High Steward of Westminster, his Deputy or Deputies, and every of them.

Ordered, That no Person shall be admitted with Tickets into Westminster Hall until Nine of the Clock in the Morning.

Ordered, That the Avenues to this House shall be guarded, and Care taken that none be admitted but Lords Servants only, and the necessary Attendants of this House.

Sir W. Chambers to attend:

Ordered, That Sir William Chambers, Surveyor General of the Board of Works, do attend this House on Thursday next.

Insolvent Debtors Bill presented.

The Lord Rawdon presented to the House a Bill, intituled, "An Act for the Relief of Insolvent Debtors, and of Bankrupts in certain Cases."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Resolutions of 15th March 1762 read.

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

It was moved, "That the Resolutions of the 15th of March 1762 might be now read."

The same were accordingly read by the Clerk.

Complaint made touching the Election of a Peer for Scotland:

Then Complaint was made to the House, that George Home and Robert Sinclair, acting as Deputies of the Lord Clerk Registrar, have at the late Election of a Peer of Scotland, on the 10th of January last, in the Room of the late Earl of Dalhousie, admitted the Vote of a Person claiming the Title of Lord Rutherford, contrary to the said Order of this House on the 15th of March 1762.

And thereupon;

Motion to refer Complaint to Committee for Privileges, negatived.

It was moved, "That the said Complaint be referred to the Committee of Privileges."

Which being objected to;

After long Debate,

The Question was put thereupon?

It was resolved in the Negative.

Adjourn.

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

DIE Jovis, 7o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Exon.
Epus. Bangor.
Epus. Glocestr.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux St. Alban's.
Comes Salisbury, Camerarius.
Comes Morton.
Comes Hopetoun.
Comes Bathurst.
Viscount Mount Edgcumbe & Valletort.
Viscount Hamilton.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Cathcart.
Ds. Chedworth.

PRAYERS.

Bruce against Ross.

The Answer of Walter Ross, Writer to the Signet in Scotland, to the Appeal of Edward Bruce, was this Day brought in.

D. Newcastle's Petition referred to Judges.

Upon reading the Petition of the Most Noble Henry Duke of Newcastle; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Dartford Road Bill.

The Earl of Salisbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing and widening several Roads leading to the Town of Dartford in the County of Kent," 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."

Sir G. Cornewall et al. Petition referred to Judges.

Upon reading the Petition of Sir George Cornewall Baronet and Dame Catharine Cornewall his Wife, for and on Behalf of themselves and their Infant Children, and also of Sir Gilbert Elliot Baronet and Dame Anna Maria his Wife, and Sir James Harris Knight of the Most Noble Order of the Bath and Dame Harriot his Wife, for and on Behalf of themselves respectively, and their respective Children, who are all Infants; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Ashurst and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Errington for a Divorce Bill.

Upon reading the Petition of George Errington of the Temple Esquire; praying Leave to bring in a Bill to dissolve his Marriage with Harriet Coren his now Wife, and to enable him to marry again:

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

E. Macclesfield and Reade Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of the Right Honourable Thomas Earl of Macclesfield and Thomas Reade Esquire on Behalf of himself and of Elizabeth Reade an Infant, his only Child; praying Leave to bring in a private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the Real Estate of Thomas Reade Esquire and Elizabeth Reade his Daughter, situate in Shirburn, Lewknor, Stokenchurch, and Kingston Blount, in the County of Oxford, in Thomas Earl of Macclesfield and his Heirs; and for settling another Real Estate of the said Earl of greater Value in lieu thereof, and in Exchange for the same, in Manner therein mentioned."

Mangotsfield Commons Bill.

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

With a Bill, intituled, "An Act for extinguishing all Right of Common on the several Commons and Waste Grounds in the Manor and Parish of Mangotsfield in the County of Gloucester, (except Mangotsfield Common, Emerson's Green, and Vinney Green,) and for vesting the said Commons and Waste Grounds in Charles Bragge Esquire, Lord of the said Manor, discharged from the said Right of Common, and for securing a Rent Charge issuing out of the same, for the Benefit of the Poor of the said Parish;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bill referred to Judges.

Ordered, That the Consideration of the said Bill be and is hereby referred to Mr. Baron Hotham and Mr. Baron Perryn, who are forthwith to summon all Parties concerned therein, and after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

National Debt, Account of Reduction of, delivered.

The House being informed, "That Mr. Newland, from the Bank of England, attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account from the Bank of England of the Receipt and Expenditure of £.1,080,215. 6s. 10d. in One Year, from February 2d, 1787, to January 31st, 1788, by the Commissioners for the Reduction of the National Debt, and of the Receipt of £.268,690, to be applied in the Quarter between the 1st February and 1st May 1788."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Hastings' Trial, Motion relative to Lords Tickets to be considered.

It was moved, "That every Lord of this House, who will personally appear on Wednesday next at the Trial of Warren Hastings Esquire in Westminster Hall, shall have Seven Tickets for the Admission of Persons to the Galleries provided for that Purpose delivered to him in the Prince's Lodgings, near the House of Peers, on Monday next, by the Deputy Great Chamberlain's Servants; provided that such Lord shall then and there apply for the same personally, or if any Lord desires Tickets for another, the same shall be delivered to him, upon the Averment of any Two Lords, that they believe the Lord for whom such Tickets are required, will personally appear at the Trial on Wednesday next.

"That the same Number of such Tickets shall be delivered out in like Manner from Day to Day to, or on Requisition for, any Lord who shall have attended on the preceding Day, and to and for none other."

Ordered, That the Consideration of the said Motions be adjourned to Monday next.

Deputy Great Chamberlain and Mr. Couse examined relative to Trial.

The House being informed, "That Mr. Couse, from the Board of Works, was attending without:"

He was called in, and being examined relative to the Accommodations prepared in the Court in Westminster Hall for the Trial of Warren Hastings Esquire:

He was directed to withdraw.

Then the House being informed, "That the Deputy Great Chamberlain was attending without:"

He was called in, and examined in Relation to the same.

He was directed to withdraw.

Adjourn.

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

DIE Veneris, 8o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Sarum.
Epus. Eliens.
Epus. Exon.
Epus. Bangor.
Epus. Glocestr.
Epus. Norvicen.
Ds. Thurlow, Cancellarius.
Comes Salisbury, Camerarius.
Comes Coventry.
Comes Morton.
Comes Hopetoun.
Comes Strafford.
Comes Strange.
Viscount Stormont.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Cathcart.
Ds. Chedworth.
Ds. Hawkesbury.

PRAYERS.

East India Company against Tod, in Error.

The Order of the Day being read for the further Consideration of the Cause, wherein the United Company of Merchants of England trading to the East Indies are Plaintiffs, and James Tod is Defendant; and for the Judges to deliver their Opinions upon the Question of Law propounded to them on Monday last:

The Lord Chancellor informed the House, "That several of the Judges being unable to attend at the Hearing, and a Majority of those who did attend, differing in Opinion from a solemn Judgement of the Court of King's Bench, upon a general Rule of Construction of Deeds involved in the Question propounded to them by the House in this Cause:"

Ordered, That the said Cause be re-heard by Counsel at the Bar, on Thursday the 10th Day of April next; and that all the Judges of England do then attend.

King's Answer to the Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) humbly moved His Majesty for Guards to attend during the Trial of Warren Hastings Esquire; and that He was pleased to say, "He would give Directions accordingly."

Dartford Roads Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Sixth Year of His present Majesty, for repairing and widening several Roads leading to the Town of Dartford in the County of Kent."

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. Walker:

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

Whitesheet Hill Road Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair the Road from the Bottom of Whitesheet Hill, through Hurdcot to the Wilton Turnpike Road, at or near Barford in the County of Wilts;" to which they desire the Concurrence of this House.

National Debt, Commissioners Accounts delivered.

The House being informed, "That Mr. Farhill, Secretary to the Commissioners appointed for the Reduction of the National Debt, attended:"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

"The Account of the Commissioners appointed by Act of Parliament, for applying certain Sums of Money annually to the Reduction of the National Debt."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Peeresses Seats, Order relative to, &c. to be transmitted to Deputy Great Chamberlain.

Ordered, That the Order of this House of the 5th of this Instant February, That the Two First Benches in Westminster Hall be kept only for the Peeresses and their Daughters, and none other:

And also,

The Order of the same Day, That no Person shall be admitted with Tickets into Westminster Hall until Nine of the Clock in the Morning, be transmitted to the Deputy Great Chamberlain.

E. Macclesfield's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Real Estate of Thomas Reade Esquire and Elizabeth Reade his Daughter, situate in Shirburn, Lewknor, Stokenchurch, and Kingston Blount, in the County of Oxford, in Thomas Earl of Macclesfield and his Heirs; and for settling another Real Estate of the said Earl of greater Value in lieu thereof, and in Exchange for the same, in Manner therein mentioned."

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

Ld. Chamberlain.
E. Coventry.
E. Morton.
E. Hopetoun.
E. Strafford.
E. Strange.
V. Stormont.
L. Bp. Bath & Wells.
L. Bp. Salisbury.
L. Bp. Ely.
L. Sydney.
L. Cathcart.
L. Chedworth.
L. Hawkesbury.
L. Bp. Exeter.
L. Bp. Bangor.
L. Bp. Gloucester.
L. Bp. Norwich.

Their Lordships, or any Five of them, to meet on Monday the 25th Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Errington's Divorce Bill presented.

The Lord Chedworth presented to the House (pursuant to an Order of Leave Yesterday) a Bill, intituled, "An Act to dissolve the Marriage of George Errington Esquire with Harriet Coren his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Monday the 25th Day of this Instant February, and that Notice thereof be affixed on the Doors of this House; and the Lords summoned; and that the said George Errington may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Harriet Coren may have a Copy of the said Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel, what she may have to offer against the said Bill at the same Time.

Webb's Petition referred to Judges.

Upon reading the Petition of Nathaniel Webb of Saville Row in the County of Middlesex Esquire, and Elizabeth Webb of the same Place, Widow; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Baron Perryn, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

E. Fauconberg and V Kingsland's Petition referred to Judges.

Upon reading the Petition of the Right Honourable Henry Earl Fauconberg, and George Barnewell Viscount Kingsland in the Kingdom of Ireland; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Baron Perryn, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Chafin's Petition referred to Judges.

Upon reading the Petition of William Chafin Clerk; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Gapper's Petition referred to Judges.

Upon reading the Petition of William Gapper of the Inner Temple, London, Gentleman, eldest Son and Heir Apparent of Robert Gapper of Hounslow in the County of Middlesex, Gentleman, the Second and only surviving Son and Heir at Law of Abraham Gapper, heretofore of Wincanton in the County of Somerset, Serjeant at Law; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Justice Grose, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Hastings' Trial, Seats for Lords Tickets to be kept by the Doorkeepers.

Ordered, That on the Day appointed for the Trial of Warren Hastings Esquire, and during the Continuance thereof, the Doors for Entrance into the Seats provided in Westminster Hall for the Lords Tickets, be kept by the Doorkeepers of this House, who are at their Peril to let none in but such as bring their Tickets with them, and that the said Doorkeepers do take Care that the Places appropriated for the Peeresses and Peers Daughters be kept for them, and that Two Doorkeepers do attend at each Door, and if the present Number of Doorkeepers is not sufficient for this Service, that the Gentleman Usher of the Black Rod do appoint a sufficient Number of Assistants for that Purpose, and that the said Doors be not opened for the Admittance of any Person whatsoever into the said Seats before Nine of the Clock in the Morning.

Adjourn.

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