House of Lords Journal Volume 38
February 1790 21-30

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History of Parliament Trust

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1767-1830

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547-556

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'House of Lords Journal Volume 38: February 1790 21-30', Journal of the House of Lords volume 38: 1787-1790 (1767-1830), pp. 547-556. URL: http://british-history.ac.uk/report.aspx?compid=116872 Date accessed: 21 August 2014.


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February 1790 21-30

DIE Lunæ, 22o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor.
Epus. Litch. & Cov.
Epus. Bristol.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Dux Norfolk, Marescallus.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Doncaster.
Comes Cholmondeley.
Comes Breadalbane.
Comes Radnor.
Viscount Stormont.
Viscount Hampden.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Scarsdale.
Ds. Walsingham.
Ds. Grey de Wilton.
Ds. Kenyon.

PRAYERS.

Davidson against Sir W. Dunbar et al.

The Answer of Sir William Dunbar, of Hempriggs Baronet and others, to the Appeal of John Davidson, Land Waiter at Thurso, was this Day brought in.

The King against Amery, in Error:

The Order of Day being read for the further Hearing of Counsel to argue the Errors assigned upon the Writ of Error, wherein the King is Plaintiff, and Thomas Amery is Defendant; and for the Judges to attend:

Counsel was accordingly called in.

And the Counsel for the Defendant having been fully heard.

As also the First Counsel for the Plaintiff by Way of Reply:

The Counsel were directed to withdraw.

Questions put to Judges.

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

"Whether the Matter of the Plea, as the same stands admitted, or found by the Verdict, be sufficient to support the Defendant's Title to the Office of Alderman in Question?

"Whether the Matter of the Replications, as the same stands admitted, or found by the Verdict, be sufficient to avoid such Title?"

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

And the Judges desiring Time to consider the said Questions:

Ordered, That the further Consideration of the said Cause be put off to Tuesday the 20th Day of April next; and that the Judges do then attend, to deliver their Opinions upon the said Questions.

East India Company's Annual Accounts of Revenue and Charges delivered.

The House being informed, "That Mr. Morton, from the Directors of the East India Company, attended:"

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

No. 1. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Bengal, and of the Annual Charges at the said Presidency, distinguishing the same under the several Heads thereof."

2. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Fort St. George, and of the Annual Charges at the said Presidency, distinguishing the same under the several Heads thereof."

3. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Bombay, and of the Annual Charges at the said Presidency, distinguishing the same under the several Heads thereof."

4. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Fort Marlbro" and of the Annual Charges at the said "Presidency, distinguishing the same under the several Heads thereof."

5. "Amount of the Bond and other Debts owing by the East India Company at their several Presidencies in the East Indies, according to the latest Advices, the Rates of Interest which such Debts respectively carry, and the Annual Amount of such Interest."

6. "Appendix, Remarks of the Accountant General upon a Defect in the System by which the Journal and Ledger of the Comptroller for the Manufacture of Salt have been kept." Together with a List thereof; which being read by the Clerk:

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

Marine Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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. Leeds and Mr. Montagu:

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

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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 To-morrow.

Pœtsch's et al. Naturalization Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing George Pœtsch, John Christian Hartwig Garbers, and John Henry Pasteur."

Liston Road Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to empower William Henry Campbell Esquire, to shut up a Road and Foot Paths, in the Parish of Liston, in the County of Essex, and to oblige him to make and keep in Repair for the future, another Road and Foot Path in lieu thereof."

Dibden Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and allotting the Intermixt or Commonable Lands and Grounds, and Common Pastures or Waste Lands, within the Manor and Parish of Dibden, in the County of Southampton."

Sir J Hannay against Petrie et al. in Error.

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

Sir Samuel Hannay Baronet is Plaintiff,
and
John Petrie and others are Defendants.

Rose against McLeod and Urquhart:

Upon reading the Petition and Appeal of Hugh Rose, of Aitnoch; complaining of an Interlocutor of the Lords of Session in Scotland of the 16th Day of this Instant February; and praying, "That the same may be reversed, varied, or amended, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Bruce, Æneas MacLeod, of Cadbol, and David Urquhart, of Braelangwell, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Bruce, Æneas Mac Leod, and David Urquhart, 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 22d Day of March next; and Service of this Order upon any of the Counsel or Agents of the said Respondents in the Court of Session in Scotland shall be deemed good Service.

Longlands to enter into Recognizance on said Appeal.

The House being moved, "That Thomas Longlands, of Queen Street, Westminster, may be permitted to enter into a Recognizance for Hugh Rose, of Aitnoch, on account of his Appeal depending in this House, he residing in Scotland:"

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

Graham et al. against Russell:

Upon reading the Petition and Appeal of Mrs. Jean Graham, Spouse of Thomas Hay, Surgeon in Edinburgh; Captain Samuel Stevenson Graham, and Captain James Graham, Three of the Five Grand-children, and Legatees of the deceased Mr. Samuel Stevenson, Merchant in Edinburgh, and the said Thomas Hay for his Interest; complaining of an Interlocutor of the Lords of Session in Scotland of the 9th of February 1790; 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 just; and that John Russell Junior, Writer to the Signet, Trustee for Samuel Stevenson, and his Curators, may be required to answer the said Appeal:"

It is Ordered, That the said John Russell Junior may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Monday the 22d Day of March next; and Service of this Order upon any of the known Counsel or Agents of the said Respondent 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 Abingdon Street, Westminster, may be permitted to enter into a Recognizance for Mrs. Jean Graham and others, 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.

Davidson against Sir W. Dunbar et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Davidson is Appellant and Sir William Dunbar of Hempriggs Baronet and others are Respondents:"

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

D. Norfolk's Petition referred to Judges.

Upon reading the Petition of the most Noble Charles Howard Duke of Norfolk, Earl Marshal and Hereditary Earl Marshal of England, 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 Thomson, 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 Opinions 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.

Sir J. Riddell et al. Petition referred to Judges.

Upon reading the Petition of Sir John Riddell Baronet, Dame Jane Riddell Widow, and Rebecca Buchanan Spinster, 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.

Adjourn.

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

DIE Martis, 23o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Sarum.
Epus. Bangor.
Epus. Norvicen.
Epus. Carliol.
Epus. Glocestr.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
March. Salisbury, Camerarius.
March. Townshend.
Comes Exeter.
Comes Sandwich.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Morton.
Comes Galloway.
Comes Stanhope.
Comes Macclesfield.
Comes Fitzwilliam.
Comes Radnor.
Comes Strange.
Comes Mount Edgcumbe & Valletort.
Viscount Stormont.
Ds. Dacre.
Ds. Willoughby Br.
Ds. Cathcart.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Scarsdale.
Ds. Boston.
Ds. Milton.
Ds. Amherst.
Ds. Loughborough.
Ds. Walsingham.
Ds. Rawdon.
Ds. Lovaine.
Ds. Bulkeley.
Ds. Sommers.
Ds. Hawkesbury.
Ds. Kenyon.
Ds. Dover.

PRAYERS.

Pointon Enclosure Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common Cow Pasture and Common Fen in the Parish of Pointon, in the County of Lincoln," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Linton Enclosure Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing several Open Fields, and a Stinted Pasture called Linton Pasture, within the Township of Linton, in the West Riding of the County of York," was committed.

Old Buckenham Enclosure Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Commons, Fens, and Waste Lands, within the Parish of Old Buckenham, in the County of Norfolk," was committed.

Money's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Freehold Estates devised by the Will of James Money Esquire deceased, in Trustees to be sold, and for laying out the Money arising thereby in the Purchase of other Hereditaments, to be settled to the same Uses as the Estates to be sold now stand limited to."

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

Ld. Privy Seal.
D. Leeds.
D. Portland.
D. Bridgewater.
Ld. Chamberlain.
M. Townshend.
E. Exeter.
E. Sandwich.
E. Abingdon.
E. Scarbrough.
E. Coventry.
E. Morton.
E. Galloway.
E. Stanhope.
E. Macclesfield.
E. Fitzwilliam.
E. Radnor.
E. Mount Edgcumbe & Valletort.
E. Strange.
V. Stormont.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Salisbury.
L. Bp. Bangor.
L. Bp. Norwich.
L. Bp. Carlisle.
L. Bp. Gloucester.
L. Dacre.
L. Willoughby Br.
L. Cathcart.
L. Middleton.
L. King.
L. Chedworth.
L. Sandys.
L. Scarsdale.
L. Boston.
L. Milton.
L. Amherst.
L. Loughborough.
L. Walsingham.
L. Rawdon.
L. Lovaine.
L. Bulkeley.
L. Somers.
L. Hawkesbury.
L. Kenyon.
L. Dover.

Their Lordships, or any Five of them, to meet on Wednesday the 10th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Pætsch et al. Naturalization Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing George Pætsch, John Christian Hartwig Garbers, and John Henry Pasteur."

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

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

Dibden Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and allotting the Intermixt or Commonable Lands and Grounds, and Common Pastures or Waste Lands within the Manor and Parish of Dibden, in the County of Southampton."

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

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

Liston Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower William Henry Campbell Esquire to shut up a Road and Foot-paths in the Parish of Liston in the County of Essex, and to oblige him to make and keep in Repair for the future another Road and Foot-path in lieu thereof."

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

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

Rybot's Divorce Bill.

Ordered, That Mark Morley Gentleman, John Willoughby Perrott Fenton, — Evans, Amy Handcock, and John James 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 Francis Thomas Rybot with Alicia Fowler his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed:

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

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

Trowse Road Bill.

With a Bill, intituled, "An Act for continuing an Act of the Tenth Year of the Reign of His present Majesty, for amending the Road from Saint Stephen's Gate in the City of Norwich, to Block Hill in Trowse, at the Angle where the Road divides, to Bixley and Kirby, in the County of Norfolk;" to which they desire the Concurrence of this House.

Watton Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Stephen's Gate, in the County of the City of Norwich, to the Windmill in the Town of Watton, in the County of Norfolk;" to which they desire the Concurrence of this House.

Bishopsgate Bridge Road Bill.

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

With a Bill, intituled, "An Act for continuing an Act of the Ninth Year of the Reign of His present Majesty, for amending the Road from Bishopsgate Bridge, in the City of Norwich, to a Stone formerly called The Two Mile Stone, where the Norwich Road joins the Caister Causeway, Two Miles and a Half short of the Town of Great Yarmouth;" to which they desire the Concurrence of this House.

New Buckenham Road Bill.

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

With a Bill, intituled, "An Act for continuing an Act of the Twelfth Year of His present Majesty, for repairing and amending the Road from Berstreet Gates, in the City of Norwich, to New Buckenham, in the County of Norfolk;" to which they desire the Concurrence of this House.

Bristol Church Bill.

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

With a Bill, intituled, "An Act for re-building the Parish Church and Tower of Saint Thomas, within the City of Bristol;" to which they desire the Concurrence of this House.

Turmine's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing Noah Turmine;" to which they desire the Concurrence of this House.

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

Hastings' Trial:

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

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

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

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

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

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

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

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

Whereupon, several Papers were read; and a Witness called in, sworn, and examined.

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 Thursday Morning next, at Ten o'Clock, in Westminster Hall.

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

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

Ordered, That the Hearing of the Cause, wherein the Stirling Banking Company and others are Appellants, and Messieurs Allan, Steuart, and Company are Respondents, et e contra, which stands appointed for To-morrow, be put off to Monday next; and that the Rest of the Causes be removed in Course.

Adjourn.

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

DIE Mercurii, 24o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Exon.
Epus. Bangor.
Epus. Glocestr.
Ds. Thurlow, Cancellarius.
Comes Bathurst.
Ds. Cathcart.
Ds. Hawkesbury.

PRAYERS.

Liston Road Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to empower William Henry Campbell Esquire, to shut up a Road and Foot Paths, in the Parish of Liston, in the County of Essex, and to oblige him to make and keep in Repair for the future, another Road and Foot Path in lieu thereof," 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."

Pætsch et al. Naturalization Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing George Pætsch, John Christian Hartwig Garbers, and John Henry Pasteur," was committed.

Bierbaum's Naturalization Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Julius George Bierbaum," was committed.

Burton Leonard Enclosure Bill.

The Lord Cathcart also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing several Open Fields, in the Township of Burton Leonard, in the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

It was resolved in the Affirmative.

Pointon Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Cow Pasture and Common Fen, in the Parish of Pointon, in the County of Lincoln."

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

It was resolved in the Affirmative.

Linton Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields, and a Stinted Pasture, called Linton Pasture, within the Township of Linton, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

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

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

Trowse Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing an Act of the Tenth Year of the Reign of His present Majesty, for amending the Road from Saint Stephen's Gate, in the City of Norwich, to Block Hill, in Trowse, at the Angle, where the Road divides to Bixley and Kirby, in the County of Norfolk."

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

E. Bathurst. L. Abp. York.
L. Bp. Bath & Wells.
L. Bp. Exeter.
L. Bp. Bangor.
L. Bp. Gloucester.
L. Cathcart.
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.

Watton Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term, and varying the Powers of an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Stephen's Gate, in the County of the City of Norwich, to the Windmill, in the Town of Watton, in the County of Norfolk."

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

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

Bishopsgate Bridge Road Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing an Act of the Ninth Year of the Reign of His present Majesty, for amending the Road from Bishopsgate Bridge in the City of Norwich, to a Stone formerly called the Two Mile Stone, where the Norwich Road joins the Caister Causeway, Two Miles and and a Half short of the Town of Great Yarmouth."

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

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

New Buckenham Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing an Act of the Twelfth Year of His present Majesty, for repairing and amending the Road from Berstreet Gates, in the City of Norwich, to New Buckenham, in the County of Norfolk."

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

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

Bristol Church Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for re-building the Parish Church and Tower of Saint Thomas, within the City of Bristol."

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

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

Turmine's Naturalization Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Noah Turmine."

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

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

E. Abergavenny, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of the Right Honourable Henry Nevill Earl of Abergavenny, 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 to confirm a Lease lately made by Henry Nevill Earl of Abergavenny, of certain entailed Mines and other Hereditaments in the County of Monmouth, and to enable granting future Leafes of the said entailed Mines and other Hereditaments; and also of all other Estates of which the said Earl is seized as Tenant in Tail Male under an Act of Parliament passed in the Second and Third Years of the Reign of King Philip and Queen Mary, and under the Limitations in the last Will of George Lord Abergavenny, in the said Act of Philip and Mary mentioned."

Gibson and Johnson against Minet and Fector, in Error.

Upon reading the Petition of Thomas Gibson and Joseph Johnson Plaintiffs in a Writ of Error depending in this House, and of Hughes Minet and James Peter Fector Defendants thereto; setting forth, "That the said Cause has been appointed to be heard by their Lordships, and stands in the Paper of Causes; and as it involves in it the great Question, whether the Acceptor of a Bill of Exchange, made payable to a fictitious Payee with his Privity, is liable to pay it to the bona fide Holder; and as immense Property is now locked up, and will so remain until the Determination of their Lordships in this Case," the Petitioners therefore humbly pray, "Their Lordships will be pleased to appoint a Bye Day for the Hearing thereof, after the Judges shall be returned from their Circuits, or such other Day as to their Lordships shall seem meet:"

It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar on Friday the 23d Day of April next.

Rybot's Divorce Bill, Mrs. Rybot's Petition respecting.

A Petition of Alicia Rybot was presented and read, setting forth, "That the Petitioner's Husband Francis Thomas Rybot has preferred a Petition to this House for a Bill to dissolve his Marriage with the Petitioner, and to enable him to marry again; that the Petitioner has lived separate from the said Francis her Husband for these Nine Years past without Alimony, on her own private Property, and has been during that Period continually harassed with vexatious Suits at Law and in Equity between the Petitioner and the said Francis her Husband, whereby the Petitioner is become greatly in Debt and straitened in her Circumstances, and incapable of raising Money to defray the Charges of feeing Counsel, collecting her Witnesses, and other contingent Expences necessary for the Petitioner's Defence against the said Bill;" and therefore praying, "Their Lordships will order her said Husband Francis Thomas Rybot to pay to the Petitioner such Sum of Money as to their Lordships shall seem necessary, for the Purpose of making her Defence against the said Bill being passed into a Law:"

And thereupon the Agent for the Petitioner, and also the Agent for the Bill were called in and examined at the Bar in relation thereto; and being withdrawn:

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

Ordered, That the said Agents do attend this House on Friday next.

Land Revenue, Sixth Report of the Commissioners 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 Sixth 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 unimproveable Rents; together with a Plan of Aliceholt and Woolmer Forest, Hants, 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.

Ordered, That the said Report be printed.

Adjourn.

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

DIE Jovis, 25o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Sarum.
Epus. Petriburg.
Epus. Bangor.
Epus. Norvicen.
Epus. Gloucester.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Derby.
Comes Exeter.
Comes Sandwich.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Morton.
Comes Stanhope.
Comes Macclesfield.
Comes Radnor.
Comes Mount Edgcumbe & Valletort.
Viscount Stormont.
Viscount Wentworth.
Ds. Willoughby Br.
Ds. St. John Blet.
Ds. Cathcart.
Ds. Kinnaird.
Ds. Middleton.
Ds. Onslow & Cranley.
Ds. Chedworth.
Ds. Sandys.
Ds. Scarsdale.
Ds. Digby.
Ds. Amherst.
Ds. Loughborough.
Ds. Walsingham.
Ds. Rawdon.
Ds. Bulkeley.
Ds. Somers.
Ds. Delaval.
Ds. Kenyon.

PRAYERS.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Duke of Leeds on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission you will now hear read."

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

"GEORGE R.

"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and ninety." "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety." "An Act for indemnifying all Persons who have been concerned in advising or carrying into Execution certain Orders of Council, respecting the Importation and Exportation of Corn and Grain; and also certain Orders issued by the Governor General of His Majesty's Colonies in America; and for preventing Suits in consequence of the same, and for making further Provisions relative thereto." "An Act for the Regulation of His Majesty's Marine Forces while on Shore." "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters." "An Act for dividing and enclosing the Common Cow Pasture, and Common Fen, in the Parish of Pointon, in the County of Lincoln." "An Act for dividing and enclosing several Open Fields, and a Stinted Pasture, called Linton Pasture, within the Township of Linton, in the West Riding of the County of York." "An Act for naturalizing Gottleb Gotthelff Schusler." "And albeit, the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto: Yet nevertheless, the same are not of Force and Effect in the Law without Our Royal Assent given, and put to the said Acts: And forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts: Willing that the said Acts and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same; and We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also by these Presents, Our right trusty and well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding Our most dear and entirely beloved Son and most faithful Counsellor George Prince of Wales; Our most dear Sons and faithful Counsellors Frederick Duke of York; William Duke of Clarence; Our most dear Brothers and faithful Counsellors William Duke of Gloucester; Henry Duke of Cumberland; the most Reverend Father in God Our right trusty and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and right well-beloved Cousin and Counsellor Charles Earl Camden, President of Our Council; Our right trusty and entirely beloved Cousin and Counsellor Granville Marquis of Stafford, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors John Frederick Duke of Dorset, Steward of Our Household; Charles Duke of Richmond; Francis Duke of Leeds, One of Our Principal Secretaries of State; George Duke of Montagu, Master of Our Horse; Our right trusty and entirely beloved Cousins and Counsellors James Marquis of Salisbury, Chamberlain of Our Household; Thomas Marquis of Bath, Groom of Our Stole; Our right trusty and right well-beloved Cousins and Counsellors John Earl of Chatham, First Commissioner of Our Admiralty; Henry Earl Bathurst; and Our right trusty and well-beloved Counsellor Lloyd Lord Kenyon, Our Chief Justice assigned to hold Pleas before Us, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words in our Name as is requisite, and hath been accustomed for the same, and also to enroll these Our Letters Patent, and the said Acts in the Parliament Roll, and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf; and finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament, and Laws to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Twenty-fifth Day of February in the Thirtieth Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke."

Then the Lord Chancellor said,

"In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned, and the Clerks are required to pass the same in the usual Form and Words."

Then the Clerk Assistant having received the Money Bills from the Hands of the Speaker, brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follows; (videlicet)

1. "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and ninety."

2. "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and ninety."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy remercie ses bons Sujets accepte leur Benevolence et ainsi le veult."

3. "An Act for indemnifying all Persons who have been concerned in advising or carrying into Execution certain Orders of Council respecting the Importation and Exportation of Corn and Grain; and also certain Orders issued by the Governor General of His Majesty's Colonies in America; and for preventing Suits in consequence of the same; and for making further Provisions relative thereto."

4. "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

5. "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy le veult."

6. "An Act for dividing and enclosing the Common Cow Pasture and Common Fen, in the Parish of Pointon, in the County of Lincoln."

7. "An Act for dividing and enclosing several Open Fields, and a Stinted Pasture called Linton Pasture, within the Township of Linton, in the West Riding of the County of York."

8. "An Act for naturalizing Gottlob Gotthelff Schusler."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

The Duke of Leeds (by His Majesty's Command) presented to the House,

Petition, Sir J. Sinclair's, claiming the Earldom of Caithness.

A Petition of Sir James Sinclair, of Mey, Baronet; claiming the Title, Honour, and Dignity of Earl of Caithness, with His Majesty's Reference thereof to this House; which Petition and Reference were read by the Clerk, and are as follow; (videlicet)

"To the King's most Excellent Majesty;

"The humble Petition of Sir James Sinclair, of Mey, Baronet, claiming the Title, Honour, and Dignity of Earl of Caithness."

"Sheweth,

"That John the last Earl of Caithness died in the Month of April last (1789) without Issue Male.

"That this Earldom has always been held and enjoyed in a Course of Male Descent.

"That George Earl of Caithness, who died in 1582, had Two Sons, viz. John Lord Berridale, and George, the Ancestor of your Petitioner.

"That upon the Resignation of the said George Earl of Caithness, his Son John Lord Berridale obtained a Charter of the Earldom from the Crown in 1545, Dilecto Consanguineo nostro Joanni Sinclair, filio et hæredi apparenti consanguinei nostri Georgii Comitis de Caithness, Hæredibus suis masculis et assignatis, &c. tenend' et habend' dicto Joanne Hæredibus suis masculis et assignatis, et ipsis desicientibus dicto Georgio et Heredibus suis quibuscunque de nobis et nostris Successoribus in libero comitatu et Dominio ac in Feodo et Hereditale in perpetuo, &c.

"That the said John Lord Berridale died in the Lifetime of his Father, leaving Three Sons, but the Male Issue of all of them having failed in the Person of John last Earl of Caithness, who died in April 1789, your Petitioner apprehends that he has a clear and undoubted Right to the Title, Honour, and Dignity of Earl of Caithness, as the nearest Lineal Male Descendant of George, who was the Second Son of the aforesaid George Third Earl of Caithness, who died in 1582, and also as Heir Male of the aforesaid John Lord Berridale.

"Your Petitioner therefore humbly prays, that the said Honour, Title, and Dignity, may of Right be declared to belong to him.

"And your Petitioner shall ever pray.

"James Sinclair."

"Whitehall, 19th February 1790.

"His Majesty being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"W. W. Grenville."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges, to consider thereof, and report their Opinion thereupon to the House; and that Notice thereof be given to His Majesty's Attorney General, and the Lord Advocate for Scotland.

Old Buckenham Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons, Fens, and Waste Lands, within the Parish of Old Buckenham, in the County of Norfolk."

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

It was resolved in the Affirmative.

Liston Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to empower William Henry Campbell Esquire, to shut up a Road and Foot-paths, in the Parish of Liston, in the County of Essex, and to oblige him to make and keep in Repair for the future, another Road and Foot-path in lieu thereof."

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

It was resolved in the Affirmative.

Burton Leonard Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields in the Township of Burton Leonard, in the County of York."

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

It was resolved in the Affirmative.

Paetsch's et al. Naturalization Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing George Pætsch, John Christian Hartwig Garbers, and John Henry Pasteur."

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

It was resolved in the Affirmative.

Bierbaum's Naturalization Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Julius George Bierbaum."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Five preceding Bills.

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

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

Trowse Road Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing an Act of the Tenth Year of the Reign of His present Majesty for amending the Road from Saint Stephen's Gate in the City of Norwich, to Blockhill in Trowse, at the Angle where the Road divides, to Bixley and Kirby, in the County of Norfolk," 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."

Whatton Road Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term and varying the Powers of an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Stephen's Gate, in the County of the City of Norwich, to the Windmill in the Town of Whatton, in the County of Norfolk," was committed.

Bishopsgate Bridge Road Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing an Act of the Ninth Year of the Reign of His present Majesty, for amending the Road from Bishopsgate Bridge, in the City of Norwich, to a Stone formerly called the Two Mile Stone, where the Norwich Road joins the Caister Causeway, Two Miles and a Half short of the Town of Great Yarmouth," was committed.

New Buckenham Road Bill

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing an Act of the Twelfth Year of His present Majesty for repairing and amending the Road from Berstreet Gates, in the City of Norwich, to New Buckenham, in the County of Norfolk," was committed.

Bristol Church Bill.

The Lord Cathcart also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for re-building the Parish Church and Tower of Saint Thomas, within the City of Bristol," was committed.

Hastings' Trial, Witnesses to attend.

Ordered, That Major Henderson, and Lieutenant Henry Fox Calcraft, do attend on Thursday the 22d Day of April next, at Ten of the Clock in the Forenoon, to give Evidence at the Trial of Warren Hastings Esquire, in Westminster Hall.

Macclesfield Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty, for repairing, widening, and altering the Road from Macclesfield, in the County of Chester, to the Turnpike Road at Randle Carr Lane Head, in Fernilee, in the County of Derby, leading to Chapel in the Frith;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

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 Tuesday last.

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

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

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

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

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

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

Whereupon several Papers were read, and a Witness called in, sworn, and examined.

Then the Managers for the Commons proposed to shew that a certain Person called Kelleram, from whom Mr. Hastings was charged by the Sixth Article of Charge to have received a Sum of Money amounting to Four Lacks of Rupees, and in Consideration of the same to have let certain Lands in the Province of Bahar to him the said Kelleram, was a Person of infamous Character, and unfit to be a Renter of the said Lands.

The same was objected to by the Counsel for the Defendant.

The Managers for the Commons being heard in Answer to the said Objection, and the Counsel in Reply:

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

The House was resumed.

Moved to resolve, "That the Managers for the Commons be not admitted to give Evidence of the Unfitness of Kelleram for the Appointment of being a Renter of certain Lands in the Province of Bahar, the Fact of such Unfitness of the said Kelleram not being charged in the Impeachment."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the Managers for the Commons be informed, "That the Lords have resolved, that they are not admitted to give Evidence of the Unfitness of Kelleram for the Appointment of being a Renter of certain Lands in the Province of Bahar; the Fact of such Unfitness of the said Kelleram not being charged in the Impeachment."

Then It was agreed by the Lords to go down again into Westminster Hall:

But their Lordships understanding that the Commons were returned from the Court below to their own House:

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

To acquaint them, That the Lords will proceed further in the Trial of Warren Hastings Esquire presently in Westminster Hall.

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

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

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

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

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

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

Then the Lord Chancellor said, "Gentlemen, Managers for the Commons, and you, Gentlemen, who are of Counsel for the Defendant;

"The Lords have resolved, That the Managers for the Commons be not admitted to give Evidence of the Unfitness of Kelleram for the Appointment of being a Renter of certain Lands in the Province of Bahar; the Fact of such Unfitness of the said Kelleram not being charged in the Impeachment."

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

Whereupon, several Papers were read, and a Witness called in, sworn, and examined.

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 Thursday the 22d Day of April 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 the former Messengers, to acquaint them therewith.

Adjourn.

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

DIE Veneris, 26o Februarii 1790.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Glocestr. Ds. Thurlow, Cancellarius.
Dux Norfolk, Marescallus.
Comes Dartmouth.
Viscount Falmouth.
Ds. Cathcart.
Ds. Scarsdale.

PRAYERS.

Seton et al. against Scott.

The Answer of Walter Scott, of Edinburgh, Esquire, Clerk to the Signet, to the Appeal of Archibald Seton Younger, of Touch, Esquire, and the Honourable Henry Erskine and others, his Commissioners, was this Day brought in.

Rose against Bruce et al.

As was also, the several Answers of Robert Bruce and others, to the Appeal of Hugh Rose, of Aitnoch, Esquire.

Turmine's Naturalization Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Noah Turmine," 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."

Macclesfield Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Tenth Year of the Reign of His present Majesty, for repairing, widening, and altering the Road from Macclesfield, in the County of Chester, to the Turnpike Road at Randle Carr Lane Head, in Fernilee, in the County of Derby, leading to Chapel in the Frith."

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

D. Norfolk.
E. Dartmouth.
V. Falmouth.
L. Bp. Gloucester. L. Cathcart.
L. Scarsdale.

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

E. Abergavenny's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to confirm a Lease lately made by Henry Nevill Earl of Abergavenny, of certain entailed Mines and other Hereditaments in the County of Monmouth, and to enable granting future Leases of the said entailed Mines and other Hereditaments, and also of all other Estates of which the said Earl is seized as Tenant in Tail Male, under an Act of Parliament passed in the Second and Third Years of the Reign of King Philip and Queen Mary, and under the Limitations in the last Will of George Lord Abergavenny, in the said Act of Philip and Mary mentioned."

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

Their Lordships, or any Five of them, to meet on Monday the 15th Day of March next, at the usual Time and Place; and to adjourn as they please.

Trowse Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act of the Tenth Year of the Reign of His present Majesty, for amending the Road from Saint Stephen's Gate, in the City of Norwich, to Block Hill, in Trowse, at the Angle, where the Road divides to Bixley and Kirby, in the County of Norfolk."

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

It was resolved in the Affirmative.

Bishopsgate Bridge Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act of the Ninth Year of the Reign of His present Majesty, for amending the Road from Bishopsgate Bridge, in the City of Norwich, to a Stone formerly called the Two Mile Stone, where the Norwich Road joins the Caister Causeway, Two Miles and a Half short of the Town of Great Yarmouth."

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

It was resolved in the Affirmative.

New Buckenham Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act of the Twelfth Year of His present Majesty, for repairing and amending the Road from Berstreet Gates, in the City of Norwich, to New Buckenham, in the County of Norfolk."

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

It was resolved in the Affirmative.

Bristol Church Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for re-building the Parish Church and Tower of Saint Thomas, within the City of Bristol."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Four preceding Bills.

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

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

Rybot's Divorce Bill, Mrs. Rybot's Petition rejected.

The House being informed, "That the Agents for and against the Bill, intituled, "An Act to dissolve the Marriage of Francis Thomas Rybot with Alicia Fowler, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned, were, (according to Order) attending:"

The said Agents were called in; and the Petition of Alicia Rybot, praying, "Their Lordships will order her Husband to pay her such a Sum of Money, as to their Lordships shall seem necessary, for the Purpose of making her Defence against the said Bill being passed into a Law," presented to the House on Wednesday last, was read.

And, the Agent on the Part of the Petitioner, stating, that he had an Affidavit in Support of the Allegations of the said Petition; the same was delivered in at the Table and read; and the Agent for the Bill being asked, "What he had to say in answer to the same," delivered in an Affidavit on behalf of Mr. Rybot; and the same being read:

The Agents were directed to withdraw.

Ordered, That the said Petition be rejected.

Dibden Enclosure Bill.

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and allotting the Intermixt or Commonable Lands and Grounds, and Common Pastures or Waste Lands, within the Manor and Parish of Dibden, in the County of Southampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment, was read by the Clerk as follows; (videlicet)

Pr. 27. L. 1. After ("exchanged") insert ("other than and except the Rector of the said Parish")"

And the said Amendment, being read a Second Time, was agreed to by the House.

Strathallan Peerage, Committee to meet.

Upon reading the Petition of Andrew John Drummond Esquire, claiming the Title and Dignity of Viscount of Strathallan, and Lord Madertie, and Lord Drummond of Cromlix; setting forth, "That the Petitioner's Claim was by an Order of their Lordships in the last Session of Parliament before the last, referred to the Lords Committees for Privileges in that Session, his printed Case was delivered, and a Day was appointed for hearing thereof, and the Judges ordered to attend, but the Order being afterwards discharged, and the Matter of the said Claim not having been yet heard or determined upon, the Petitioner has again lodged his Case;" and therefore praying, "That their Lordships will be pleased to order, that his Claim may be and stand referred to the Lords Committees for Privileges for the present Session; and that their Lordships do meet to consider the same on Monday the 12th of April next, or such other Day, as their Lordships shall please to appoint:"

It is Ordered, That the Petitioner's said Claim be referred to the Lords Committees for Privileges; and that they do meet to consider of the said Claim on Tuesday the 27th Day of April next; and that Notice thereof be given to his Majesty's Attorney General, and the Lord Advocate for Scotland; and that the Judges do then attend.

Rybot's Divorce Bill, Witnesses to attend.

Ordered, That Francis alias Frederick Duggins, Robert Jeffryes, John Gilson, James Wisely, — Croydon, John Roger Lawrence, Susannah Lawrence, Mary Cook, and John James, 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 Francis Thomas Rybot, with Alicia Fowler his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

Causes put off.

Ordered, That the Hearing of the Cause wherein the Stirling Banking Company and others are Appellants, and Messieurs Allan, Steuart, and Company are Respondents et e contra, which stands appointed for Monday next, be put off to Tuesday next; and that the rest of the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Martii, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.