House of Lords Journal Volume 38
February 1789 1-10

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History of Parliament Trust

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1767-1830

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345-350

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'House of Lords Journal Volume 38: February 1789 1-10', Journal of the House of Lords volume 38: 1787-1790 (1767-1830), pp. 345-350. URL: http://british-history.ac.uk/report.aspx?compid=116848 Date accessed: 19 April 2014. Add to my bookshelf


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February 1789 1-10

DIE Lunæ, 2o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Sarum.
Epus. Exon.
Epus. Bangor.
Epus. Meneven.
Epus. Lincoln.
March. Stafford, C. P. S.
Comes Aberdeen.
Comes Oxford & Mortimer.
Comes Pomfret.
Comes Radnor.
Comes Bathurst.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Howard de Walden.
Ds. Chedworth.
Ds. Amherst.
Ds. Dover.

PRAYERS.

The Earl Bathurst sat Speaker by virtue of a former Commission.

Message to H. C. for a further conference.

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

To desire a present Conference with that House in the Painted Chamber, upon the Subject Matter of the last Conference.

Managers appointed:

The Lords following were named Managers of the Conference:

L. Privy Seal.
E. Oxford & Mortimer.
E. Pomfret.
L. Bp. Salisbury.
L. Bp. Exeter.
L. Bp. St. David's.
L. Sydney.
L. Howard de Walden.
L. Amherst.
L. Dover.

Conference agreed to:

The Messengers sent to the House of Commons to desire a Conference this Day with that House, acquainted the House, "That the Commons do agree to a Conference with their Lordships, as desired."

The House being informed, "That the Managers for the Commons were ready for the Conference in the Painted Chamber:"

The Names of the Managers for the Lords were called over;

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed:

Conference reported.

And the Lord Privy Seal reported, "That the Managers for the Lords had met the Managers for the Commons at the Conference, which on their Part was managed by the Marquis of Graham, and communicated to them the Resolution of this House, and desired their Concurrence thereto."

Adjourn.

Comes Bathurst declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 3o Februarii 1789,

Annoque Regni Serenissimi Domini Nostri Georgii Tertii, Dei Gratiâ, Magnæ Britanniæ, Franciæ, et Hiberniæ, Regis, Fidei Defensoris, &c. Vicesimo Nono; in quem diem hæc Sexta Sessio Parliamenti per separalia Adjournamenta et Prorogationes continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Exon.
Epus. Meneven.
March. Stafford, C. P. S.
Dux Chandos, Senefcallus.
Comes Salisbury, Camerarius.
Comes Denbigh.
Comes Westmorland.
Comes Doncaster.
Comes Morton.
Comes Moray.
Comes Selkirk.
Comes Hopetoun.
Comes Oxford & Mortimer.
Comes Pomfret.
Comes Bathurst.
Comes Grosvenor.
Viscount Mount Edgcumbe & Valletort.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Sandys.
Ds. Amherst.
Ds. Brownlow.
Ds. Rodney.
Ds. Hawkesbury.

PRAYERS.

The Earl Bathurst sat Speaker by virtue of a former Commission.

Message from H. C. for a further Conference:

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

To desire a Conference with this House, upon the subject Matter of the last Conference.

To which the House agreed.

Conference agreed to:

And the Messengers were called in again, and told, "That the Lords do agree to a Conference, as desired, and appoint it presently in the Painted Chamber."

Managers appointed:

The Lords following were named Managers of the Conference:

Ld. Privy Seal.
Ld. Chamberlain.
E. Denbigh.
E. Morton.
E. Oxford & Mortimer.
E. Pomfret.
E. Grosvenor.
L. Bp. St. David's. L. Osborne.
L. Sydney.
L. Willoughby Br.
L. Amherst.

The House being informed, "That the Managers for the Commons were ready for the Conference in the Painted Chamber:"

The Names of the Managers for this House were called over:

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed:

Conference reported.

And the Lord Privy Seal reported, "That they had met the Managers for the Commons at the Conference, which on their Part was managed by Mr. Ryder; who acquainted the Managers for the Lords, That the Commons had taken into their Consideration the Resolution which was communicated to them by the Lords at the Conference Yesterday, and had agreed to the said Resolution."

Parliament opened by Commission:

The Lord Speaker acquainted the House, "That forasmuch as for certain Causes His Majesty cannot conveniently be present, a Commission has been issued under the Great Seal, in order to the opening and holding of this Parliament."

The House was adjourned during Pleasure to robe.

The House was resumed.

Then Six of the Lords Commissioners being seated on a Form placed between the Throne and the Woolsack, the Lord Speaker in the Middle, with the Lord Archbishop of Canterbury, the Lord Chamberlain, and the Lord Sydney on his Right Hand, and the Lord Privy Seal and the Lord Osborne on his Left, commanded the Gentleman Usher of the Black Rod, to let the Commons know, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Speaker said,

"My Lords, and Gentlemen,

"Forasmuch as His Majesty for certain Causes cannot conveniently be present here this Day in His Royal Person, in order to the opening and holding this Parliament, a Commission has issued under His Great Seal, constituting several Lords therein named His Commissioners, to do all Things in His Majesty's Name on His Part necessary to be performed in this Parliament; which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (videlicet)

"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To all to whom these Presents shall come Greeting. Whereas We have lately for divers difficult and pressing Affairs concerning Us, and the State and Defence of Our Kingdom of Great Britain, and the Church, ordained this Our present Parliament to begin and to be held at Our City of Westminster, on the Eighteenth Day of May in the Twenty-fourth Year of Our Reign, on which Day Our said Parliament was begun and held; and from thence by several Adjournments and Prorogations, was adjourned and prorogued to and until Thursday the Twentieth Day of November last, then to he held and sit at Our City of Westminster aforesaid. And forasmuch as for certain Causes, We cannot conveniently be present in Our Royal Person in Our said Parliament: Know ye, that We, trusting in the Discretion, Fidelity, and Care of the most Reverend Father in God, and Our faithful Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Counsellor Edward Lord Thurlow, Lord Chancellor of Great Britain; Our most dear Cousins and Counsellors Charles Earl Camden, President of Our Council; Granville Marquis of Stafford, Keeper of Our Privy Seal; James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond, George Duke of Montagu, James Earl of Salisbury, Chamberlain of Our Household; John Earl of Chatham, Henry Earl Bathurst, Thomas Viscount Weymouth, Francis Lord Osborne, One of Our Principal Secretaries of State; Thomas Lord Sydney, One other of Our Principal Secretaries of State; and Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us; by the Advice of the Lords Spiritual and Temporal, and Commons, assembled according to the Prorogation aforesaid, do give and grant by the Tenor of these Presents, unto the most Reverend Father in God, and Our faithful Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Counsellor Edward Lord Thurlow, Lord Chancellor of Great Britain; Our most dear Cousins and Counsellors Charles Earl Camden, President of Our Council; Granville Marquis of Stafford, Keeper of Our Privy Seal; James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond, George Duke of Montagu, James Earl of Salisbury, Chamberlain of Our Household; John Earl of Chatham, Henry Earl Bathurst, Thomas Viscount Weymouth, Francis Lord Osborne, One of Our Principal Secretaries of State; Thomas Lord Sydney, One other of Our Principal Secretaries of State; Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us; and any Three of them, full Power in Our Name to hold Our said Parliament; and to open and declare, and cause to be opened and declared, the Causes of holding the same; and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein; and to do every Thing which for Us and by Us for the Government of Our said Kingdom of Great Britain, and other Our Dominions thereunto belonging, shall be there to be done: Commanding also, by the Tenor of these Presents, with the Advice aforesaid, as well all and singular the Archbishops, Dukes, Marquisses, Earls, Viscounts, Bishops, Barons, Knights, Citizens, Burgesses, and Commissioners for Our Counties and Boroughs, as all others whom it concerns, to meet in Our said Parliament, that to the same the most Reverend Father in God, and Our faithful Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Counsellor Edward Lord Thurlow, Lord Chancellor of Great Britain; Our most dear Cousins and Counsellors Charles Earl Camden, President of Our Council; Granville Marquis of Stafford, Keeper of Our Privy Seal, James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond, George Duke of Montagu, James Earl of Salisbury, Chamberlain of Our Household; John Earl of Chatham, Henry Earl Bathurst, Thomas Viscount Weymouth, Francis Lord Osborne, One of Our Principal Secretaries of State; Thomas Lord Sydney, One other of Our Principal Secretaries of State; Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us; and any Three of them, they diligently intend in the Premises in the Form aforesaid. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, this Third Day of February, in the Twenty-ninth Year of Our Reign.

"By the King Himself, with the Advice of the Lords Spiritual and Temporal, and Commons, assembled according to the Prorogation aforesaid.

"Yorke."

Then the Lord Speaker said,

"My Lords, and Gentlemen,

Lords Commissioners Speech.

"In pursuance of the Authority given us by His Majesty's Commission under the Great Seal, which has now been read, amongst other Things, to declare the Causes of your present Meeting, we have only to call your Attention to the melancholy Circumstance of His Majesty's Illness, in consequence of which it becomes necessary to provide for the Care of His Majesty's Royal Person, and for the Administration of the Royal Authority during the Continuance of this Calamity, in such Manner as the Exigency of the Case appears to require."

Then the Commons withdrew.

And the House was adjourned during Pleasure to unrobe.

The House was resumed.

Bill proformâ read.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better regulating Select Vestries."

Lords Commissioners Speech reported.

The Lord Speaker reported the Speech of the Lords Commissioners.

And the same was read by the Clerk.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and Customs of this House and Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament:

Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
E. Denbigh.
E. Westmorland.
E. Doncaster.
E. Morton.
E. Moray.
E. Selkirk.
E. Hopetoun.
E. Oxford & Mortimer.
E. Pomfret.
E. Bathurst.
E. Grosvenor.
V. Mount Edgcumbe & Valletort.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Exeter.
L. Bp. St. David's.
L. Osborne.
L. Sydney.
L. Willoughby Br.
L. Sandys.
L. Amherst.
L. Brownlow.
L. Rodney.
L. Hawkesbury.

Their Lordships, or any Seven of them, to meet on Monday next, at Ten o'Clock, in the House of Peers, and every Monday after; and to adjourn as they please.

Committee for the Journals.

Lords Sub-Committees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain, and Lords of Parliament; and to peruse and perfect the Journals of this and former Sessions of Parliament:

Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
E. Denbigh.
E. Westmorland.
E. Doncaster.
E. Morton.
E. Moray.
E. Selkirk.
E. Hopetoun.
E. Oxford & Mortimer.
E. Pomfret.
E. Bathurst.
E. Grosvenor.
V. Mount Edgcumbe & Valletort.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Exeter.
L. Bp. St. David's.
L. Osborne.
L. Sydney.
L. Willoughby Br.
L. Sandys.
L. Amherst.
L. Brownlow.
L. Rodney.
L. Hawkesbury.

Their Lordships, or any Three of them, to meet when, where, and as often as they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House, that the Lords and others are frequently hindered from coming thereto:"

It is thereupon Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order, that no empty Hackney Coaches be suffered to make any Stay between Whitehall and the End of Abingdon Street in Westminster, from Twelve of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to stop in the Streets and Passages between the End of Market Lane in Pall Mall, and the End of Abingdon Street, between the Hours aforesaid; or to pass through the Old Palace Yard from One of the Clock in the Afternoon, until One Hour after the Rising of this House, during the Sitting of this Parliament; and that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go one after another, in the Manner following; (that is to say) All Carriages, Drays, or Carts, going towards Westminster, to keep on the Side of the Street or Passage next to Saint James's Park; and all those going the contrary Way, to keep on the other Side of the Street; and upon no Account whatsoever to presume to go Two or more a-breast, during the Sitting of this Parliament; and herein special Care is to be taken by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.

Comes Bathurst declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 9o Februarii 1789.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Bangor.
Epus. Norvicen.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Comes Sandwich.
Comes Doncaster.
Comes Galloway.
Comes Oxford & Mortimer.
Comes Pomfret.
Comes Effingham.
Comes Spencer.
Viscount Stormont.
Viscount Falmouth.
Ds. Osborne, Unus Primariorum Secretariorum.
Ds. Sydney, Unus Primariorum Secretariorum.
Ds. King.
Ds. Chedworth.
Ds. Amherst.
Ds. Walsingham.
Ds. Hawkesbury.
Ds. Dover.

PRAYERS.

Deschamp's & al. Petition referred to Judges.

Upon reading the Petition of John Deschamps of Bucklersbury in the City of London, Esquire, and James Dunch of Shepherd Street, in the County of Middlesex, Upholder, (the surviving Executors of the last Will and Testament of Giles Hudson, late of London, Merchant, deceased;) and also of Wentworth Ogle, of the City of London, Surgeon, a Bond Creditor of the said Giles Hudson, on Behalf of himself and the other Specialty Creditors of the said Giles Hudson; 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.

National Debt, Accounts respecting, 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 £1,120,579. 17s. in One Year, from February 2d, 1788, to January 31st, 1789, by the Commissioners for the Reduction of the National Debt, and of the Receipt of £282,850. to be applied in the Quarter between the 1st February and 1st May 1789."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

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 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.

Foley against Burnell and Armstrong, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Andrew Foley Esquire is Plaintiff, and John Burnell and James Armstrong are Defendants:"

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

Magistrates of Edinburgh against Short's Representatives:

Upon reading the Petition and Appeal of the Lord Provost, Magistrates, and Council of the City of Edinburgh, for themselves, and in Behalf of the Community of the said City; complaining of Five Interlocutors of the Lords of Session in Scotland of the 28th of June, the 8th and 10th of August, and 23d of November 1787, and 1st of February 1788; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that the Representatives of Thomas Short, Optician, Edinburgh, now deceased, may be required to answer the said Appeal:"

It is Ordered, That the said Representatives of Thomas Short deceased, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 9th Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Procurators in the Court of Session in Scotland, shall be deemed good Service.

Seton to enter into Recognizance on said Appeal.

The House being moved, "That John Seton of Golden Square Gentleman, may be permitted to enter into a Recognizance for the Lord Provost, Magistrates, and Council of the City of Edinburgh, on account of their Appeal depending in this House:"

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

Bruce & al. against Stewart et al.:

Upon reading the Petition and Appeal of Patrick Crawfurd Bruce Esquire, and Philip Samuel Maister Esquire, both of Bombay, Executors of Charles Stewart, late of Bombay, deceased, and Alexander Duncan, Writer to the Signet, their Attorney; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 9th of February 1788, and of an Interlocutor of the Lords of Session there of the 5th of August 1788; and praying, "That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem proper; and that James Stewart, Sheriff Substitute of Kinross, George Graham of Kinross, Alexander Park of Lochore, Colonel Robert Stewart, and Thomas Erskine, Trustees for the said James Stewart, may be required to answer the said Appeal:"

It is Ordered, That the said James Stewart, George Graham, Alexander Park, Colonel Robert Stewart, and Thomas Erskine, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 9th Day of March next; and Service of this Order upon any of the known Counsel or Agents of the said Respondents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham Street, York Buildings, may be permitted to enter into a Recognizance for Patrick Crawfurd Bruce Esquire, and others, on account of their Appeal depending in this House, they living Abroad:"

It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellants, as desired.

Menzies against Menzies and another:

Upon reading the Petition and Appeal of John Menzies of Culdairs, Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 24th of June and 6th of December 1785; 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 proper; and that Elizabeth Mackenzie Menzies, the only Child of Archibald Menzies of Culdairs, deceased, and her Factor Loco Tutoris, may be required to answer the said Appeal:"

It is Ordered, That the said Elizabeth Mackenzie Menzies, and her said Factor, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 9th Day of March next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham Street, York Buildings, Gentleman, may be permitted to enter into a Recognizance for John Menzies of Culdairs, Esquire, on account of his Appeal depending in this House, he living in Scotland:"

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

Stewart and Hepburn against Bells:

Upon reading the Petition and Appeal of George Stewart the Younger, of Grandtully, Esquire, and Henry Hepburn, Tenant of the Slate Quarries in the Hill of Obney, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 4th of August 1786, and of Three Interlocutors of the Lords of Session there, of the 9th of March 1786, and 22d of July and 22d of November 1788; and praying, "That the same may be reversed, varied, or amended, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem proper; and that John Bell, Slater in Muirlend, and James Bell, Slater in Scone, may be required to answer the said Appeal:"

It is Ordered, That the said John Bell and James Bell may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 9th Day of March next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham Street, York Buildings, Gentleman, may be permitted to enter into a Recognizance for George Stewart Esquire, and Henry Hepburn, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellants, as desired.

Bruces against Bruce.

The House being informed, "That James Bruce of Kinnaird, Esquire, Respondent to the Appeal of Elizabeth Bruce and Margaret Bruce, Daughters of the deceased David Bruce of Kinnaird, Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of James Young, Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Crichton against Mackay.

The House being informed, "That Mary Mackay, Respondent to the Appeal of Alexander Crichton, had not put in her Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of John Mac Farquhar, Writer in Edinburgh, of the due Service of the said Order being read:

Ordered, That the said Respondent do put in her Answer to the said Appeal peremptorily in a Week.

Lee against Wilkinson:

Upon reading the Petition of John Lee, Plaintiff in a Writ of Error depending in this House, wherein William Wilkinson and Thomas Wilkinson are Defendants; setting forth, "That the Petitioner brought a Writ of Error returnable before their Lordships, which was brought up into this House on the 26th Day of June last, together with the Record thereof, whereupon the Petitioner assigned certain Matter for Error; that the Petitioner is since advised to withdraw his said Assignment of Errors, and doth not intend further to prosecute his said Writ;" and therefore praying their Lordships, That he may be at Liberty to withdraw his said Assignment of Errors, and that the said Writ of Error may be Non-pros'd with such Costs, as their Lordships shall please to direct, the Agent for the said Defendants having signed the said Petition as consenting thereto:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Assignment of Errors, as desired; and that the Defendant in Error do forthwith enter a Nonpros. on the said Writ of Error, 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.

Hastings' Petition touching his Trial:

Upon reading the Petition of Warren Hastings Esquire, late Governor General of Fort William in Bengal; setting forth, "That the Petitioner was permitted by the Honourable House of Commons, to appear before their Bar on the 24th of April 1786, to answer to certain Charges which had been preferred against him in that Honourable House; that the Petitioner on the 14th of May 1787 was impeached by the Honourable House of Commons of Great Britain at the Bar of their Lordships House of High Crimes and Misdemeanors; that their Lordships were pleased to grant the Petitioner a Copy of the Articles of Impeachment with Leave to answer the same; that on the 25th of November 1787, in the following Session of Parliament, the Petitioner, according to their Lordships Order, did deliver in his Answer to the said Articles, and the 13th of February 1788 was appointed for the Commencement of his Trial, and it was accordingly commenced and continued by various Adjournments to the 15th of June of the same Year; that the Petitioner conceived an abundant Consolation when he saw himself brought before a Court, which was held in universal Estimation, the most just as it was the most respectable, from the high Titles and Dignities and the noble Characters of the Members composing it; and impressed at this Time in an equal Degree with the same Sentiments, and assuring himself, that their Lordships will favourably receive any Representation which he may conceive himself under the Necessity of making to their Lordships of the Hardships which he has sustained, and may yet have cause to apprehend from the peculiar Circumstances of the present Trial; he humbly presumes in this Stage of it, to state the same to their Lordships, and to pray for such Redress and Relief in the future Process of it, as their Lordships Wisdom may be able to devise and their Justice prescribe; and the Petitioner humbly begs Leave to observe, that One Year has elapsed since the Commencement of his Trial, and in that Interval Seven Noble Lords, his Judges, have yielded to the Course of Nature; some of the Persons whose Evidence was required for his Defence have returned to their Duty in India, and many of those who remain, are detained, to the Injury of their Fortunes and Prospects, and to some Loss of the Service to which they belong; that the Petitioner possesses no Means of indemnifying them for their Detention, nor does he presume to estimate his own Rights at so high a Price as to exact from any Man, that he should devote the prime Season of his Life to Inaction; that of such of the Witnesses whose Conveniencies may permit it, or whose Inclination may prompt them to remain, many must, by Death or the variable Accidents of Life, be taken from him before the Time of his Defence; that his Health, which a long Residence in an ungenial Climate had impaired, has been precluded from receiving the only Remedy which a foreign Air could afford for its Restoration, and the only Palliative which a State of Ease could afford it at Home, his Fortune wasted in the Expences unavoidably incident to so heavy a Prosecu tion, and his Person thrust out from its Place in common Society, with other Sufferings, which, though most sensibly felt by him, may not be specified in an Address to their Lordships: And the Petitioner begs Leave humbly to observe to their Lordships, that although the Prosecution has yet been closed upon Two Articles only of his Impeachment, Twenty Articles were preferred against him by the Honourable House of Commons; that these comprized in Effect all the material Transactions, Civil, Political, Military, Revenue, and Financial of a Government of Thirteen Years; that a considerable Portion of this Time was a Period of great Difficulty, Danger, and Embarassment to every Dependency of the British Empire, and more particularly to the extensive Territories which were under the actual Government of the Petitioner, or which depended upon its Exertions for Subsistence and Relief; that the Petitioner was therefore under the Necessity, through his Counsel and Solicitors, of collecting and collating from the voluminous Records of the East India Company the whole History of his public Life, in order to form a complete Defence to every Allegation which the Honourable House of Commons had preferred against him, for the Petitioner had not, when their Lordships were pleased to grant him a Copy of the Articles, neither has he now, any Means of knowing whether any or what Articles, if any, were meant to be abandoned by the Honourable House of Commons; that it was not possible for the Petitioner to be prepared with the necessary Materials for such a Defence without incurring a very heavy and intolerable Expence, the Sums which have been actually paid, and for which the Petitioner stands indebted, amounting, according to the most accurate Estimate which he could procure from the best Authority, to upwards of Thirty thousand Pounds; that this is a Subject of great and serious Alarm to the Petitioner, who, in the indefinite Prospect before him, sees himself in Danger of wanting the Means of Defence and even of Subsistence, should his Life, which is not probable, be continued to the Close of a Trial in which so small a Progress has yet been made, unless their Lordships Wisdom shall enable them to afford the Petitioner that Relief which he humbly solicits and confidently hopes to receive; that the Petitioner with all Sincerity of Heart craves Leave to assure their Lordships, that he does not presume to state his Sense of the Hardships to which he has been and is subjected by the past Events of the Trial, as Matters of Complaint, being fully persuaded that they were unavoidably incident to the peculiar Nature of such a Trial, and to the peculiar Character and Circumstances of the Charge which was the Subject of it; that he has stated them with no other Motive or View than to obtain from their Lordships a Deliverance from the dreadful Chance of his Character being transmitted on the Records of their Lordships high and august Court blasted with unrefuted Criminations, and an Acceleration of the Time in which he may be enabled to make his Innocence, his Integrity, and (may he be permitted in all Humility to add) his Deserts apparent to their Lordships;" and therefore praying, "That their Lordships will be pleased to order that the Trial may proceed according to their Lordships Order upon the last Adjournment, and that it may be continued to its Close (if it be possible) without Interruption:"

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

Then it was moved, "That the Order made on the 13th of June last, for the House to proceed further in the Trial of Warren Hastings Esquire, on the first Tuesday in the next Session of Parliament, might be be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

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.

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

Adjourn.

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