February 1788 11-20

DIE Lunæ, 11^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Whitesheet Hill Road Bill.

Hodie 2^a vice lecta est Billa, 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."

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

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.

Hastings' Trial, Lords excused Attendance.

The Lord Chancellor informed the House, "That he had received a Letter from the Earl of Guildford, desiring that he might be excused from his Attendance at the Trial of Warren Hastings Esquire, on account of his great Age."

Ordered, That the said Earl be excused.

The Earl of Coventry acquainted the House, "That he had received a Letter from the Earl of Strafford, desiring the same Indulgence."

Ordered, That the said Earl be excused.

Each Lord present to have Seven Tickets.

The Order of the Day being read for taking into Consideration the Motion made on Thursday last; (videlicet)

"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 this Day, 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:"

"And 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."

And the said Motion being read by the Lord Chancellor:

The Question was put, "Whether to agree to the said Motion?"

It was resolved in the Affirmative.

Then the said Motion was agreed to, and ordered accordingly, Nemine Dissentiente.

Minor Peers and Peers eldest Sons may walk in Procession.

Ordered, That the minor Peers and Peers eldest Sons may walk in the Procession to Westminster Hall.

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

Stevenson against Goodright in Error.

John Stevenson is Plaintiff,
and

George Goodright, on the several Demises of Thomas Walker and William James, is Defendant.

Adjourn.

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

DIE Martis, 12^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Causes put off.

Ordered, That all the Causes now appointed to be heard, be put off to Monday the Third Day of March next; and then to come on in Course as they now stand.

Whitesheet Hill Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the 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," 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."

Hastings' Trial, Lords Tickets unsigned not to be admitted.

Ordered, That no Tickets, which are to be daily issued by the Deputy Great Chamberlain, for the Admission of Persons to be present at the Trial of Warren Hastings Esquire, be received in Westminster Hall on Thursday the 14th Instant, or from thence forward during the Continuance of the said Trial, unless such Tickets be signed and sealed by the Peer or other Person from whom they respectively come.

Lords excused Attendance.

The Lord Chancellor informed the House, "That he had received a Letter from the Earl of Harborough, desiring that he might be excused from his Attendance at the Trial of Warren Hastings Esquire, on Account of his ill State of Health."

Ordered, That the said Earl be excused.

The Earl Bathurst in his Place requested the like Indulgence for the same Reason.

Ordered, That the said Earl be excused.

The Lord Chancellor also informed the House, "That he had received a Letter from the Duke of Grafton, desiring the like Indulgence."

Ordered, That the said Duke be excused.

The Lord Osborne in his Place, requested the like Indulgence for the Duke of Leeds, for the same Reason.

Ordered, That the said Duke be excused.

The Lord Chancellor also informed the House, "That he had received a Letter from the Earl of Orford, desiring the like Indulgence for the same reason."

Ordered, That the said Earl be excused.

Whale Fishery, Account of Ships from Scotland employed in the, delivered.

The House being informed, "That Mr. Alcock from the Commissioners of the Customs attended:"

He was called in, and delivered at the Bar,

"An Account of what Number of Ships or Vessels from Scotland have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port discharged; and also what Quantity of Oil or Blubber or Whale Fins each Ship has imported, from the 10th October 1786, to the 10th of October 1787."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

E. Dumfries' Petition against Election of Ld. Cathcart as a Peer for Scotland:

A Petition of Patrick Earl of Dumfries was presented and read; setting forth, "That His Majesty was pleased to issue his Royal Proclamation under the Great Seal, bearing Date at Westminster the 30th Day of November last; commanding all the Peers of Scotland to assemble and meet at Holyroodhouse in Edinburgh, upon Thursday the Tenth Day of January then ensuing, and now last past, to elect and chuse a Peer of Scotland, to sit and vote in the House of Peers of the present Parliament of Great Britain, in the Place of George Earl of Dalhousie deceased.

That upon the said Tenth Day of January last, several of the Peers of Scotland did accordingly assemble at Holyroodhouse to make an Election, in Obedience to the said Proclamation, the Petitioner Patrick Earl of Dumfries and William Shaw Lord Cathcart being Candidates.

That the Votes of the Peers present and of certain Peers absent, voting by their Proxies and by signed Lists, being collected by George Home and Robert Sinclair Esquires, Two of the principal Clerks of Session appointed by the Lord Clerk Registrar of Scotland, to officiate as his Deputies on that Occasion, the Votes were Twenty-seven for each of the Candidates, as appears by an authentic Extract or exemplified Copy of the Minutes of the said Election annexed to this Petition; but the said George Home and Robert Sinclair took upon them farther to receive a List under the Signature of Rutherfurd, which was made and signed by one John Anderson, taking upon himself the Stile and Title of Lord Rutherfurd, and did mark and reckon his Vote in favour of Lord Cathcart, although upon the 15th of March 1762, it was resolved by their Lordships, that Alexander Rutherfurd and David Dury taking on them severally the Title of Lord Rutherfurd ought to all Intents and Purposes to be considered as having no Right to the said Title until they shall have made out their Claim, and procured the same to be duly allowed in the legal Course of Determination; and that in the mean Time, until the same shall be so allowed, the said Alexander Rutherfurd and David Dury, or either of them, or any Person claiming under them, or either of them, be not admitted to vote by virtue of the said Title, at the Election of any Peer of Scotland, to sit and vote in this House pursuant to the Articles of Union; of which Resolution Notice was given to the Lord Clerk Registrar of Scotland at the Time, and the said George Home and Robert Sinclair were in the Knowledge thereof, and were bound to obey the same.

That neither the said Alexander Rutherfurd nor David Dury, nor any Person claiming under them, or either of them, have since the Date of the said Resolution, made out their Claim to the said Title, or procured the same to be allowed in the legal Course of Determination.

That the Claim or Pretension of the said John Anderson to the Title of Lord Rutherfurd is, and only can be under the said David Dury, who died without Issue, and to whom the said John Anderson is or pretends to be Heir and next of Kindred, as the Son of the said David Dury's Aunt; and therefore the said George Home and Robert Sinclair ought not to have received the List of the said John Anderson, or admitted his Vote as Lord Rutherfurd.

"That the said Vote thus illegally admitted, was improperly made use of, as a Pretence for the said Clerks returning the said Lord Cathcart, and he has thereupon been returned as duly elected, whereby the Petitioner hath received great Injury, the Peers of Scotland are deprived of their Right of electing, and the Orders of their Lordships House regulating the Proceedings at such Elections have been violated;" and therefore praying, "That their Lordships will be pleased to take into their Consideration, the abovementioned Breach of the Privilege of their Lordships House, in which the Petitioner is so deeply interested, to allow him to be heard by his Counsel, and to give Redress by rejecting the Vote so illegally and without any Colour of Title admitted by the Clerks, and inflicting upon them such Censure as to their Lordships shall seem meet, to prevent the like Practices in future, and to grant such further or other Relief in the Premises, as to their Lordships, in their great Wisdom, may seem meet:"

Petitioner to be heard by Counsel:

Ordered, That the said Petition be heard on Monday the 10th Day of March next.

Ordered, That the Petitioner may have Leave to be heard by his Counsel thereupon.

Home and Sinclair to attend:

Ordered, That George Home and Robert Sinclair Esquires, Two of the principal Clerks of Session, do attend this House on the said 10th Day of March next; and bring with them the original Minutes of the Meeting held for the Election of a Peer of Scotland, on the 10th Day of January last, and the original Proxies and signed Lists then exhibited, and all other Papers, Entries, and Documents, respecting the Transaction of the said Election.

Notice of Petition to be given to John Anderson and Lord Advocate for Scotland.

Ordered, That Notice of the said Petition be served upon John Anderson of Gollard in the County of Kinross, who claimed to vote by the Style and Title of Lord Rutherfurd, at the said Election; and that he may, if he thinks proper, by himself or his Agent duly authorized, attend the House at the Hearing of the said Petition on the 10th Day of March next; and that he be at Liberty to be heard by his Counsel thereupon, if he thinks fit.

Ordered, That Notice of the said Petition be served upon His Majesty's Advocate for Scotland; and that he do attend on Behalf of His Majesty thereupon.

Ordered, That George Home and Robert Sinclair be at Liberty to be heard by their Counsel on Monday the 10th Day of March next.

Hastings' Trial, Mr. Justice Buller excused Attendance.

The Lord Chancellor informed the House, "That he had received a Letter from Mr. Justice Buller, desiring he may have Leave of Absence at the Trial of Warren Hastings Esquire, on account of his ill State of Health, To-morrow."

Ordered, That Mr. Justice Buller have Leave of Absence, as desired.

Adjourn.

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

DIE Mercurii, 13^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Hay takes his Seat:

This Day Robert Lord Hay sat first in Parliament after the Death of his Father Thomas Lord Hay, his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration; and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

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

Ld. Cathcart's Petition relative to E. Dumfries' Petition:

A Petition of William Shaw Lord Cathcart was presented and read; setting forth, "That at the late Election of a Peer to sit and vote as a Member of the House of Lords, for and on Behalf of that Part of Great Britain called Scotland, in the Room of the late George Earl of Dalhousie, deceased, the Petitioner and Patrick Earl of Dumfries were Candidates; that the Petitioner was elected by a Majority of legal Votes, and his Election duly certified and returned in the Manner required by Law in such Cases; that the Petitioner observes, that a Petition has been presented to this House by the said Earl of Dumfries, complaining among other Things, of the said Return of the Petitioner, and alledging that a List under the Signature of Rutherfurd, and the Vote thereby given in favour of the Petitioner, ought not to have been received by the Two principal Clerks of Session, who had been appointed by the Lord Clerk Registrar of Scotland, to officiate as his Deputies on that Occasion; and that the said Vote was improperly made Use of as a Pretence for the said Clerks returning the Petitioner; and praying, among other Things, that the said Vote may be rejected; that the Petitioner is advised, and humbly submits that the said List and Vote were duly received, and that it is not competent to the said Earl of Dumfries, by his said Petition, to question the Legality of the Admission thereof, or at least that he ought not to be permitted so to do without an Opportunity being given to the said Lord Rutherfurd to defend the Right of voting so exercised by him at the said Election; that the Votes of several Persons were given in favour of the said Earl of Dumfries, who had no legal Right to vote at the said Election, in so much that if such last mentioned Votes had not been given, the Petitioner would have had a considerable Majority in his Favour, exclusive of the Vote of the said Lord Rutherfurd; that more particularly a List produced at the said Election under the Signature of Colvill of Ochiltree, and the Vote thereby given in favour of the said Earl of Dumfries, ought not to have been produced and given, the Person who signed the said List, and who thereby voted at the said Election for the said Earl of Dumfries, having no legal Right to vote at the said Election;" and therefore praying, "That their Lordships will be pleased to take the Premises into Consideration, and that if their Lordships should permit the said Earl of Dumfries to question the Vote of the said Lord Rutherfurd, that the Petitioner may be heard by his Counsel in Support of the Petitioner's said Election and Return, and may be permitted to adduce Proof of the Illegality of the Votes of the said several Persons who had no legal Right to vote at the said Election, and whose Votes were given for the said Earl of Dumfries; and more particularly of the Illegality of the Vote of the Person claiming to vote as Lord Colvill of Ochiltree; and that their Lordships will grant such farther or other Relief in the Premises, as to their Lordships, in their great Wisdom, may seem meet."

Petitioner to be heard by Counsel:

Ordered, That the said Petition be heard on Monday the 10th Day of March next.

Ordered, That the Petitioner may have Leave to be heard by his Counsel thereupon.

Notice of Petition to be given to Robert Colvill and Lord Advocate for Scotland.

Ordered, That Notice of the said Petition be served upon Robert Colvill at Lawrence Kirk, in who claimed to vote at the late Election on the 10th of January last, at Holyrood House, by the Style and Title of Lord Colvill of Ochiltree, and that he may, if he thinks proper, by himself or his Agent duly authorized, attend the House at the Hearing of the said Petition on the 10th Day of March next, and that he be at Liberty to be heard by his Counsel thereupon, if he thinks fit.

Ordered, That Notice of the said Petition be served upon His Majesty's Advocate for Scotland; and that he do attend on Behalf of His Majesty thereupon.

Hastings' Trial, Mr. Justice Wilson excused Attendance:

The Lord Chancellor informed the House, "That he had received a Letter from Mr. Justice Wilson, desiring he may have Leave of Absence at the Trial of Warren Hastings Esquire, on account of his ill State of Health."

Ordered, That Mr. Justice Wilson have Leave of Absence, as desired.

E. Bucks excused:

The Lord Chancellor also informed the House, "That he had a Letter from the Earl of Buckinghamshire, desiring the like Indulgence for the same Reason."

Ordered, That the said Earl be excused.

Hastings' Trial.

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

The House was adjourned into Westminster Hall, whither the Lords went in the same Order they had directed, Garter King at Arms calling them in their due Places by a List.

And the Lords being there seated:

The House was resumed.

Then the Proclamation was made for Silence as follows; (videlicet)

"Our Sovereign Lord the King strictly charges and commands all Manner of Persons to keep Silence upon Pain of Imprisonment."

The Lord Chancellor asked Leave of the House for the Judges to be covered; which was granted.

Then Proclamation was made for the Defendant's Appearance as follows:

"Warren Hastings come forth, save thee and thy Bail, or else thou forfeits thy Recognizance."

Who coming to the Bar, kneeled till he was bid by the Lord Chancellor to rise, who then addressed him in a short Speech.

The Defendant said a few Words in Reply, and being accommodated with a Chair at the Bar,

The following Proclamation was made as follows:

"Whereas Charges of High Crimes and Misdemeanors have been exhibited by the Knights, Citizens, and Burgesses in Parliament assembled, in the Name of themselves, and of all the Commons of Great Britain, against Warren Hastings Esquire, all Persons concerned are to take Notice that he now stands on his Trial, and they may come forth in order to make good the Charges."

Then the Lord Chancellor directed the Clerk to read the Articles, and accordingly, the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Articles, with the Answers thereto respectively, being read in the Form prescribed for that Purpose:

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

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

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

A Message was sent to the House of Commons, by Mr. Graves and Mr. Montagu, to acquaint them therewith.

Adjourn.

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

DIE Jovis, 14^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Scotch Spirits Duty Bill.

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

With a Bill, intituled, "An Act for charging an additional Duty on Spirits manufactured in Scotland, and imported into England;" to which they desire the Concurrence of this House.

The said Bill was read the First time.

Hastings' Trial, Message from H. C. for Witnesses to attend:

A Message was brought from the House of Commons, by Mr. Adam and others, as follows; (videlicet)

My Lords,

"I am directed by the Commons to bring to your Lordships a List of the Names of several Witnesses to be examined, to make out the Impeachment against Warren Hastings Esquire, and to desire of your Lordships, that you will be pleased to make out Summons for their Attendance at the said Trial To-morrow."

The said List is as follows:

Captain Leonard Jaques.

Major Charles Marsack.

Lieutenant Colonel Arthur Balfour.

Lieutenant Colonel Thomas Gardner.

Major Martin Gilpin.

Nathaniel Middleton.

Captain David Williams.

William Young.

Isaac Baugh.

William Harwood.

Ewan Law.

Alexander Higginson.

William Markham.

David Anderson.

John Charles Middleton.

William Wright.

John Peter Auriol.

Lieutenant James Anderson.

Right Honourable Lord Macartney, K. B.

Robert Holt.

Captain Thomas Edwards.

Robert Hudson.

John Benn.

Matthew Wall.

John Motteux.

Captain Jonathan Scott.

Sir John D'Oyley, Bart.

Cullen Smith.

William Brightwell Sumner.

John Stables.

Francis Fowke.

Answer to Message.

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

To acquaint them, That the Lords will give Order for summoning the Witnesses to be produced at the Trial of Warren Hastings Esquire, as desired.

Ward against Warre.

Upon reading the Petition of John Henry Warre Esquire, Defendant in a Writ of Error depending in this House, wherein William Ward is Plaintiff:

Brooks and Etches against Boylston:

And also, Upon reading the Petition of Thomas Boylston, Defendant in a Writ of Error depending in this House, wherein Mary Camilla Brooks and Richard Cadman Etches are Plaintiffs; setting forth, "That the Plaintiffs in the said Writs of Error have not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writs of Error may be Non-pros'd with such Costs as to their Lordships shall seem meet:"

Writs of Error Non-pros'd with Costs.

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

Mangotsfield Commons Bill.

After reading and considering the Report of the Judges to whom was referred the Consideration of the 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:"

Ordered, That the said Bill may be read a Second Time.

The said Bill was accordingly read a Second Time.

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

Their Lordships, or any Five of them, to meet on Monday the 29th 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.

Hastings' Trial, Motion relative to return of Coaches to be considered:

It was moved, "That the Order of the 5th of this Instant February, relative to the returning of empty Carriages, be now read."

The same was accordingly read by the Clerk, as follows; (videlicet)

"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 the 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."

Then it was moved, to discharge the said Order, and to substitute the following Order instead thereof:

"That all the Constables of Westminster do attend in the Palace Yards at Westminster, on Friday the 15th 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 the Old Palace Yard and so to Abingdon Street, and from thence, so that they cannot by any Way return through Parliament Street, except by the Way of King Street, and so to Charing Cross, until Four of the Clock in the Afternoon."

Ordered, That the said Motion be taken into Consideration To-morrow.

Trial proceeded in

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

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

And the Lords being there seated:

The House was resumed.

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

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

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

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

Then the Lord Chancellor directed the Clerk to read the Remainder of the Articles, and accordingly the Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, and Twentieth Articles, with the Answers thereto respectively, being read in the Form prescribed for that Purpose:

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

The House was resumed.

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

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

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

Wives of Peers eldest Sons to be admitted to the Peeresses Seats.

Ordered, That the Wives of the Eldest Sons of Peers be admitted to the Benches in Westminster Hall, appropriated for the Peeresses and Peers Daughters.

Whitesheet Hill Road Bill:

Hodie 3^a vice lecta est Billa, 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.

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.

Adjourn.

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

DIE Veneris, 15^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

De Berdt against Bird and Dolby:

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

Writ of Error Non-pros'd with Costs.

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

Scotch Distillery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for charging an additional Duty on Spirits manufactured in Scotland, and imported into England.

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

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

Hastings' Trial, Motion relative to return of Coaches adjourned:

The Order of the Day being read for taking into Consideration the Motion made Yesterday, relative to the Coaches when they have set down the Persons they bring, as to the Manner in which they are to be turned away during the Trial of Warren Hastings Esquire:

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

Trial proceeded in:

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

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

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

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

Then Proclamation was made for Silence:

Also, Proclamation for the Defendant's Appearance:

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

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

Then the Lord Chancellor directed the Clerk to read the Replication of the Commons to the Answers of Warren Hastings Esquire.

And being read accordingly:

The Lord Chancellor told the Members of the House of Commons, who were appointed Managers for the Impeachment, "That now they might proceed to make good their Charge, and desired the Lords to give Attention."

Mr. Burke then proceeded to open the Purport of the Charges in general; and being in Part heard thereupon:

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

The House was resumed.

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

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

A Message was sent to the House of Commons, by Mr. Graves and Mr. Montagu, to acquaint them therewith.

Scotch Spirit Duty Bill, Petition against.

Upon reading the Petition of Rectifiers of British Spirits in London, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for charging an additional Duty on Spirits manufactured in Scotland and imported into England;" and praying their Lordships, "That a Clause which has been introduced into the said Bill for the Imposition of Sixpence per Gallon upon Spirits imported from Scotland, may be struck out, in regard as it trenches upon the Rights of Individuals, and tends to prevent the Subjects of Great Britain from contracting upon the Faith of the Legislature:"

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

Lords summoned.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum sextum diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Sabbati, 16^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Hastings' Trial. Order relative to return of Coaches.

It was moved, "That the Motion made on Thursday last, relative to the Coaches, when they have set down the Persons they bring, as to the Manner in which they are to be turned away, during the Trial of Warren Hastings Esquire, ordered to be taken into Consideration on Monday next, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Then it was moved, "That the said Motion be taken into Consideration presently."

Which being agreed to;

It was moved, "That the following Amendments be made to the said Motion."

"After the Word ("thence") insert ("round by the Way of King Street and so to Charing Cross")

"After the Words ("Parliament Street") leave out to the Word ("until")"

The same were agreed to, and ordered accordingly.

Trial proceeded in.

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

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

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

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

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

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

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

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

And Mr. Burke, one of the Managers, being further heard upon the Charges in general:

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

The House was resumed.

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

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

A Message was sent to the House of Commons, by Mr. Graves and Mr. Montagu, to acquaint them therewith.

Adjourn.

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

DIE Lunæ, 18^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Hastings' Trial

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

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

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

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

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

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

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

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

And Mr. Burke, one of the Managers, being further heard upon the Charges in General:

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

The House was resumed.

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

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

A Message was sent to the House of Commons, by Mr. Montagu and Mr. Leeds, to acquaint them therewith.

Precedents relative to Order in which Peers move in Trials, Committee to search for.

Ordered, That a Committee be appointed to inspect the Journals, and to report Precedents so far as they relate to the Order, in which the Peers are to move to and from the Chamber of Parliament in Trials upon Impeachment or otherwise, in Westminster Hall.

Ordered, That all the Lords present be of the Committee:

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

Scotch Spirits Duty Bill:

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for charging an additional Duty on Spirits, manufactured in Scotland, and imported into England:"

Petition against rejected.

A Petition of several Persons, praying to be heard against the said Bill, being offered to be presented to the House:

It was moved, "That the said Petition be now read."

Which being objected to;

The Question was put, "Whether the said Petition shall be now read?"

It was resolved in the Negative.

Ordered, That the said Petition be rejected.

Then the House was adjourned during Pleasure; and put into a Committee upon the said Bill.

After some Time, the House was resumed:

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

Adjourn.

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

DIE Martis, 19^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Hastings' Trial.

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

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

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

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

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

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

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

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

Mr. Burke, one of the Managers, having been fully heard to open the Charges in general:

Proposition by Managers for H. C. relative to mode of Proceeding.

Mr. Fox, another of the Managers, submitted the following Mode of Proceeding upon the several Charges in particular, to the Consideration of the House; (videlicet)

"That the Managers for the Commons might open the First Article, and bring their Evidence upon the said Article; then that the Defendant should proceed to his Defence upon the said First Article, and produce Evidence in support of his said Defence; that then the Managers for the Commons should be heard to reply, so as to finish entirely one Article before they began upon another."

The Counsel for the Defendant were called upon by the Lord Chancellor, to know whether they consented to the Proposition of the Managers; and answering in the Negative:

Mr. Fox and Mr. Anstruther, two of the Managers for the Impeachment, were heard in support of the said Mode of Proceeding.

The Counsel for the Defendant were then heard in answer; and Mr. Fox was heard in reply.

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

The House was resumed.

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

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

A Message was sent to the House of Commons, by Mr. Montagu and Mr. Leeds, to acquaint them therewith.

Mode of proceeding to be considered.

Ordered, That the Mode of Proceeding upon the Articles of Impeachment against Warren Hastings Esquire, be taken into Consideration on Thursday next; and that the Lords be summoned.

Scotch Spirits Duty Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for charging an additional Duty on Spirits, manufactured in Scotland, and imported into England."

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.

Judges to attend.

Ordered, That all the Judges do attend this House on Thursday next.

Adjourn.

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

DIE Mercurii, 20^o Februarii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Hill et al. Petition referred to Judges.

Upon reading the Petition of Richard Hill, Samuel Martin, John Newton, and John Thompson, all of the Town of Kingston upon Hull, Gentlemen, and of Joseph Robinson Pease of the same Town, 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. 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.

V. Falmouth et al Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of the Right Honourable George Evelyn Lord Viscount Falmouth on Behalf of himself and his Infant Son and others; 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 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Real Estate of the late Hugh Lord Viscount Falmouth, situate in the Borough of Tregony, and Parish of Cuby, in the County of Cornwall, in Trustees, to be sold and conveyed to Sir Francis Bassett Baronet; and for other Purposes therein mentioned."

Errington's Divorce Bill.

Ordered, That Mr. Edward Shore and Mr. James Baxter do attend this House on Monday next, in order to their being examined as Witnesses upon the Second Reading of the 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."

Bradwell Enclosure Bill.

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

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

Riddlesden Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Commons or Waste Grounds, within the Manor of Riddlesden, otherwise Morton, or Riddlesden with Morton, in the Parish of Bingley in the West Riding of the County of York;" to which they desire the Concurrence of this House.

Marchwiel Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act of the Seventh Year of His present Majesty, for repairing and widening the Road from Marchwiel, in the County of Denbigh, through Bangor, Worthenbury, and Hanmer, in the County of Flint, to a House in the Possession of Thomas Jenks, in Dodington in the Parish of Whitchurch in the County of Salop, and from Bangor aforesaid, to Malpas in the County of Chester, and from Redbrook, to Hampton in the said County of Salop;" to which they desire the Concurrence of this House.

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

Captains in the Navy, Motion for an Address relative to, negatived.

Moved, "That an humble Address be presented to His Majesty, praying that His Majesty will be graciously pleased to take into His Royal Consideration the Services of such Captains in His Majesty's Navy, as were passed over in the late Promotion of Admirals."

Which being objected to;

After 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, vicesimum primum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.