House of Lords Journal Volume 39
February 1792 21-30

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 39: February 1792 21-30', Journal of the House of Lords volume 39: 1790-1793 (1767-1830), pp. 285-291. URL: http://british-history.ac.uk/report.aspx?compid=116911 Date accessed: 26 October 2014.


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February 1792 21-30

DIE Martis, 21o Februarii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Bangor.
Epus. Landaven.
Epus. Glocestr.
Epus. Carliol.
Dux Gloucester.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Norfolk, Marescallus.
Dux Leeds.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Derby.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Poulet.
Comes Kellie.
Comes Lauderdale.
Comes Elgin.
Comes Stanhope.
Comes Brooke & Warwick.
Comes Fitzwilliam.
Comes Hardwicke.
Comes Radnor.
Comes Strange.
Comes Mount Edgecumbe.
Viscount Stormont.
Viscount Sydney.
Ds. Hay.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Milton.
Ds. Hawke.
Ds. Amherst.
Ds. Brownlow.
Ds. Gage.
Ds. Walsingham.
Ds. Porchester.
Ds. Dorchester.
Ds. Fife.
Ds. Verulam.
Ds. Douglas of Lochleven.

PRAYERS.

Ships put in Commission, and when paid off, &c. Accounts delivered.

The House being informed, "That Mr. Wright, from the Admiralty Office, attended:"

He was called in, and delivered at the Bar, pursuant to an Order of Friday last,

"An Account of all Ships of War, and their respective Rates, in Commission on the 6th of November 1790, and the Date when any of the said Ships were directed to be paid off between that Date and the 28th of March 1791."

"An Account of all Ships of War and their respective Rates, put into Commission since the 28th of March 1791; and likewise an Account of the Date when any of the said Ships have been since paid off."

"An Account of the Date when Press Warrants were issued subsequent to the 28th March 1791; and likewise the Date when the same were countermanded."

And then he withdrew.

And the Titles thereof being read by the Clerk;

Raybould's Divorce Bill.

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

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Raybould with Joannah Pearsall, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" which stands appointed for Friday next, be put off to Wednesday the 29th Day of this instant February.

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 Friday 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 said,

"Gentlemen, You who are of Counsel for Mr. Hastings may now proceed in his Defence, and the Lords will be pleased to give Attention."

Then Mr. Law, of Counsel for the Defendant, proceeded further to open the Defence of the said Warren Hastings, generally to the several Articles of Charge and Matters relied on by the Managers for the Commons on Behalf of the Prosecution; and being fully heard thereupon:

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

The House was resumed.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire 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. Ord and Mr. Walker, to acquaint them therewith.

Templer's Petition referred to Judges.

Upon reading the Petition of James Templer, of Stover Lodge, in the County of Devon, Esquire, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. 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.

Balliol College et al. Petition referred to Judges.

Upon reading the Petition of The Master and Scholars of Balliol College, in the University of Oxford, and the Lord Mayor, Aldermen, and Commons of the City of London in Common Council assembled; 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 Ashhurst and Mr. Justice Wilson, 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 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 Jovis, vicesimum tertium diem instantis Februarii, horâ decimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 23o Februarii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Duresm.
Epus. Petriburg.
Epus. Landaven.
Epus. Meneven.
Epus. Glocestr.
Epus. Carliol.
Dux Gloucester.
Dux Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Norfolk, Marescallus.
Dux Somerset.
Dux Leeds.
Dux Portland.
March. Townshend.
Comes Derby.
Comes Suffolk & Berkshire.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Poulet.
Comes Kellie.
Comes Lauderdale.
Comes Stanhope.
Comes Macclesfield.
Comes Brooke & Warwick.
Comes Fitzwilliam.
Comes Radnor.
Comes Strange.
Viscount Stormont.
Viscount Falmouth.
Viscount Sydney.
Ds. Dacre.
Ds. Hay.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Milton.
Ds. Hawke.
Ds. Brownlow.
Ds. Walsingham.
Ds. Porchester.
Ds. Rawdon.
Ds. Dorchester.
Ds. Heathfield.
Ds. Fife.
Ds. Douglas of Lochleven.

PRAYERS.

D. Somerset takes his Seat:

This Day Webb Duke of Somerset sat first in Parliament after the Death of his Brother, Edward Duke of Somerset; His Grace having first at the Table taken the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

Garter King at Arms delivered in at the Table His Grace's Pedigree, pursuant to the Statutes.

Ibbetson et al Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Carr Ibbetson Esquire, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Trustees to cut down and sell Timber upon the Estates, devised and settled by the Will of Ralph Carr Esquire, and to invest the Monies arising therefrom, in the Purchase of Lands and Hereditaments, to be settled to the Uses of the Will, and for other Purposes therein mentioned."

Hastings' Trial, Doors not to be opened until Teno' Clock:

It was moved, "That the Order of this House of the 8th of February 1788, directing that the Doors for Admittance at the Trial of Warren Hastings Esquire, into the Seats provided in Westminster Hall for the Lords Tickets, be not opened before Nine of the Clock in the Morning, be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Doors be not opened for the Admittance of any Person whatsoever, into the said Seats, before Ten of the Clock in the Morning.

Trial proceeded in:

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

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

"Gentlemen, you who are of Counsel for Mr. Hastings may now proceed in his Defence; and the Lords will be pleased to give Attention."

Then Mr. Plumer of Counsel for the Defendant, proceeded to open the Defence of the said Warren Hastings, to the first Article of Charge; and being in Part heard thereupon:

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

The House was resumed.

Ordered, That this House do proceed further in the Trial of Warren Hastings Esquire, on Wednesday 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. Ord and Mr. Walker, to acquaint them therewith.

Duff against Henderson and Young.

Upon reading the Petition and Appeal of Archibald Duff at Bilboa-hall, late Sheriff Clerk of Elgin; complaining of certain Parts of three Interlocutors of the Lord Ordinary in Scotland, of the 17th of July, and 13th and 27th of November 1787, and also of certain Parts of Six Interlocutors of the Lords of Session there, of the 31st of January and 8th of July, 1788, the 17th of December 1789, the 1st of January 1790, and 19th of January and 7th of February 1792; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, shall seem meet; and that Janet Henderson, Wife of James Young Manufacturer in Elgin, and the said James Young her Husband, may be required to answer the said Appeal:"

It is Ordered, That the said Janet Henderson and the said James Young her Husband, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Thursday the 22d Day of March next; and Service of this Order upon the said Respondents, or upon any one of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Lords summoned.

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

Adjourn.

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

DIE Veneris, 24o Februarii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.
Epus. Carliol.
Ds. Thurlow, Cancellarius.
Ds. Norfolk, Marescallus.
Dux Leeds.
Dux Bridgewater.
Comes Lauderdale.
Viscount Sydney.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Rawdon.
Ds. Kenyon.

PRAYERS.

Ogden against Folliott, in Error.

The Order of the Day being read for hearing Counsel, to argue the Errors assigned upon the Writ of Error wherein David Ogden Esquire, is Plaintiff, and George Folliott is Defendant; brought in order to reverse a Judgement given in the Court of King's Bench, affirming a Judgement of the Court of Common Pleas, for the said Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the first Counsel for the Plaintiff having been heard:

As also the second Counsel for the said Plaintiff, in Part:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at Twelve o'Clock; and that the Judges do then attend.

Adjourn.

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

DIE Sabbati, 25o Februarii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Carliol. Ds. Thurlow, Cancellarius.
Comes Kellie.
Ds. Fife.

PRAYERS.

Ogden against Folliott, in Error:

The Order of the Day being read for the further Hearing of Counsel, to argue the Errors assigned upon the Writ of Error wherein David Ogden Esquire, is Plaintiff, and George Folliott is Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the second Counsel for the Plaintiff, having been fully heard:

The Counsel were directed to withdraw.

Then the following Order and Judgement was made:

"Whereas by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench, was brought into this House the 10th of February 1791, wherein David Ogden Esquire, is Plaintiff, and George Folliott Defendant, in order to reverse a Judgement given in the Court of King's Bench, affirming a Judgement of the Court of Common Pleas, for the said Defendant; and the Plaintiff's Counsel having been fully heard Yesterday and this Day, to argue the Errors assigned upon the said Writ of Error; and due Consideration had of what was offered in this Cause:"

Judgement affirmed.

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

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

Ld. de Clifford et Ux. Petition referred to Judges.

Upon reading the Petition of Edward Baron de Clifford and Mary Lady de Clifford his Wife; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Hotham and Mr. Justice Heath, 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 Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Wyndham and Edwin, Petition referred to Judges.

Upon reading the Petition of George Wyndham, of Cromer in the County of Norfolk, Esquire, and Charles Edwin, of Clearwell in the County of Gloucester, Esquire; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Baron Perryn and Mr. Justice Buller, 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.

Carr or Ibbetson's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Trustees to cut down and sell Timber upon the Estates devised and settled by the Will of Ralph Carr Esquire, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the Will; and for other Purposes therein mentioned."

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

E. Kellie. L. Bp. Carlisle. L. Fife.

Their Lordships, or any Five of them, to meet on Monday the 12th 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.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the last-mentioned Bill stands committed, be added to the said Committee.

Norwich and Thetford Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Seventh Year of His present Majesty, for amending the Road from the End of the Town Close, in the County of the City of Norwich, to the Chalk Pits near Thetford, 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 Tuesday next, at the usual Time and Place; and to adjourn as they please.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the last-mentioned Bill stands committed, be added to the said Committee.

Norwich and Swaffham Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Benedict's Gate, in the County of the City of Norwich, and from Halfpenny Bridge in Honingham, to the Bounds of Yaxham, and also a Lane called Hangman's Lane, near the Gates of the said City."

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 Tuesday next, at the usual Time and Place; and to adjourn as they please.

Ordered, That all the Lords who have been or shall be present this Session, and are not named of the Committee to whom the last-mentioned Bill stands committed, be added to the said Committee.

Mayor, &c. of London against Mayor, &c. of Lynn, 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 the Mayor and Commonalty and Citizens of the City of London are Plaintiffs, and the Mayor and Burgesses of the Borough of Lynn Regis, commonly called King's Lynn, in the County of Norfolk, 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.

Adjourn.

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

DIE Lunæ, 27o Februarii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Londin.
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Sarum.
Epus. Petriburg.
Epus. Exon.
Epus. Bangor.
Epus. Meneven.
Epus. Glocestr.
Epus. Carliol.
Ds. Thurlow, Cancellarius.
March. Stafford, C.P.S.
Dux Norfolk, Marescallus.
Dux Dorset, Senescallus.
Dux Somerset.
Dux Leeds.
Dux Devonshire.
Dux Portland.
March. Salisbury, Camerarius.
March. Buckingham.
March. Townshend.
March. Bath.
March. Abercorn.
Comes Winchelsea & Nottingham.
Comes Chesterfield.
Comes Carlisle.
Comes Shaftesbury.
Comes Scarbrough.
Comes Coventry.
Comes Poulet.
Comes Kellie.
Comes Elgin.
Comes Balcarras.
Comes Glasgow.
Comes Tankerville.
Comes Aylesford.
Comes Stanhope.
Comes Graham.
Comes Effingham.
Comes Harrington.
Comes Brook & Warwick.
Comes Fitzwilliam.
Comes Harcourt.
Comes Hardwicke.
Comes Fauconberg.
Comes De la Warr.
Comes Chatham.
Comes Ailesbury.
Comes Clarendon.
Comes Uxbridge.
Comes Strange.
Comes Howe.
Comes Mount Edgcumbe.
Comes Fortescue.
Comes Digby.
Viscount Stormont.
Viscount Falmouth.
Viscount Sydney.
Ds. Grenville, Unus Primariorum Secretariorum.
Ds. Clifford.
Ds. Dacre.
Ds. Willoughby Br.
Ds. Howard de Walden.
Ds. Clifton.
Ds. Cathcart.
Ds. Torphichen.
Ds. Hay.
Ds. Middleton.
Ds. Onslow & Cranley.
Ds. King.
Ds. Sandys.
Ds. Walpole.
Ds. Scarsdale.
Ds. Boston.
Ds. Lovel & Holland.
Ds. Ducie.
Ds. Cardiff.
Ds. Hawke.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.
Ds. Loughborough.
Ds. Gage.
Ds. Walsingham.
Ds. Porchester.
Ds. Grantley.
Ds. Rawdon.
Ds. Carteret.
Ds. Eliot.
Ds. Grey de Wilton.
Ds. Sommers.
Ds. Delaval.
Ds. Hawkesbury.
Ds. Dorchester.
Ds. Heathfield.
Ds. Fisherwick.
Ds. Fife.
Ds. Verulam.
Ds. Mulgrave.
Ds. Douglas of Douglas.
Ds. Harewood.
Ds. Douglas of Lochleven.

PRAYERS.

Hog against Hog and Lashley.

The Answer of Mrs. Rebecca Lashly, formerly Hog, eldest Daughter of the late Roger Hog, of Newliston, Esquire, Spouse of Thomas Lashley, of London, Esquire, and of the said Thomas Lashley for his Interest, to the Appeal of Thomas Hog Esquire, of Newliston, was this Day brought in.

York Buildings Company against Martin et al. Respondents' Petition to withdraw Appeal.

A Petition of Messieurs Martin, Stone, and Foote, and others, Respondents in a Cause depending in this House, to which the Governor and Company of Undertakers, for raising Thames Water in York Buildings, are Appellants, was presented and read; setting forth, "That the Appellants, on the 17th Day of this instant February, presented an Appeal against Fifteen different Interlocutors of the Lord Ordinary and Court of Session in Scotland, pronounced in the Ranking of the Creditors of the York Buildings Company: That the said several Interlocutors respect different Parties, and involve different Questions, and many of the Respondents are not in any Manner interested in the Support of many of the Interlocutors complained of: That in the said Petition and Appeal, the Appellants complain of the following Interlocutors: (videlicet) an Interlocutor of the Lord Ordinary, of the 19th February 1790, and 17th November 1791, which were pronounced only on Memorials and Petitions, between the York Buildings Company of the one Part and Messieurs Martin, Stone, and Foote, Isaac Roderigues Nunes, and Emanuel Barnh Lonsada, of the other Part, and which Interlocutors relate only to the said last-named Respondents: That another Interlocutor of the 17th of November 1791, was pronounced on Petitions and Memorials, between the York Buildings Company of the one Part, James Roper Head, William Lawson, and the said Emanuel Barnh Lonsada, of the other Part, and only relate to them: That the Interlocutor of the 31st January 1792, complained of, respects only the said Messieurs Martin, Stone, and Foote, Isaac Roderigues Nunes, Emanuel Barach (fn. 1) Lonsada, James Roper Head, William Lawson, the Respondents, Thomas Leighton, Nathaniel Smith, Sir Richard Muilman, Trench Chiswell, and Henry Hall: That the Interlocutors complained of, of the 15th November 1791, and 17th January 1792, were made on a Question totally different from, and the Subject-matter of them had not the least Relation to the Matters contained in the other Interlocutors, but in sustaining the said Interlocutors, all the Respondents to the said Appeal, as Creditors of the York Buildings Company, are interested, but the Respondents James Bremner and John Taylor have no Interest or Concern therein: That the Interlocutor of the 22d December 1791, and 26th of January 1792, complained of, not any of the Respondents have any Interest to support, except the Respondent John Bond: That the Interlocutor of the 26th February 1788, 29th July 1788, 14th January 1790, 17th November 1791, and 31st January 1792, complained of, only relate to the Respondents John Scarr, Katherine Mason, and Thomas Onslow Smith: That the Interlocutors of the 24th December 1791, 31st January 1792, and 8th February 1792, complained of, only relate to the Respondents James Bremner, John Taylor, and Messieurs Martin, Stone, and Foote: That inasmuch as the several Interlocutors complained of in the said Petition, were pronounced on different Questions and between different Parties, the Petitioners conceive that separate Petitions and Appeals ought to have been presented:" and therefore praying, "That the said Petition and Appeal presented by the said York Buildings Company, on the said 17th Day of February instant, may be directed to be withdrawn, and that the Company's Agent may be directed in the Place thereof, to present to their Lordships, on or before Monday next, separate Petitions and Appeals, respecting the Interlocutors complained of, so far as the same Interlocutors respect different Parties, and involve distinct Questions, and in Default of their presenting such separate Petitions and Appeals within the Time aforesaid, that no Petitions may be received from the said York Buildings Company this Session, on the Subject of any Interlocutors complained of in the Petition and Appeal already presented; and that the said Company may be ordered to pay the Costs the Respondents have been put to, in taking a Copy of the Appeal presented, and of the Costs of this Petition."

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

Appellants to enter into Recognizance in the sum of £600. Land-Tax Bill.

Ordered, That a Recognizance be entered into by the Appellants in the said Cause, in the Sum of £600.

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

With a Bill, intituled, "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-two;" to which they desire the Concurrence of this House.

Marine Mutiny Bill.

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

With a Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces, while on Shore;" to which they desire the Concurrence of this House.

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

Jameson et al. against Russell and Sawers:

Upon reading the Petition and Appeal of John Jameson, Sheriff Clerk of Alloa, and Stephen Maxwell Proprietors of the Distillery at Lochrin, and John Hay Distiller at Lochrin; complaining of three Interlocutors of the Lords of Session in Scotland, of the 9th of June, the 22nd of November, and 7th of December 1791; and also of an Interlocutor of the Lord Justice Clerk, officiating as Ordinary on the Bills of the 20th of February 1792; 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 John Russell, Writer to the Signet, and John Sawers of Belesmills, may be required to answer the said Appeal:"

It is Ordered, That the said John Russell and John Sawers 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 26th Day of March next; and Service of this Order upon the said Respondents, or upon any of their respective Agents or Solicitors, in the Court of Session in Scotland, shall be deemed good Service.

Campbell to enter into Recognizance on said Appeal.

The House being moved, "That James Campbell, of Craven Street in the Strand, Gentlemen, may be permitted to enter into a Recognizance for John Jameson and others, on account of their Appeal depending in this House, they being in Scotland:"

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

Sir J. Duff against Skene:

Upon reading the Petition and Appeal of Sir James Duff Knight, one of the Freeholders of the County of Aberdeen; complaining of five Interlocutors of the Lords of Session in Scotland, of the 31st of May, the 5th of July, and 26th November 1791, and 31st of January and 18th of February 1792; 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 George Skene, of Skene, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said George Skene may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Monday the 26th Day of March next; and Service of this Order upon any of his known 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 Abingdon Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir James Duff, on account of his Appeal depending in this House, he being in the County:"

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

Goldsworthy's Petition referred to Judges.

Upon reading the Petition of Philip Goldsworthy Esquire, Tenant for Life under the Will of Martha Gashry deceased; praying Leave to bring in a Bill, to invest him with Powers to grant building or repairing Leases of her Estates in the County of Surry:

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 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.

Lyon's Petition referred to Judges.

Upon reading the Petition of James Lyon Clerk, Rector of the Parish of Prestwich cum Oldham, in the County Palatine of Lancaster, and Diocese of Chester; and also Proprietor of the Advowson of the said Rectory; 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.

Naval Force, Motion respecting Addition to, negatived.

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

It was moved, to resolve, "That His Majesty's Ministers have abused the Confidence reposed in them by this House in an Address of the 29th of March last, which passed without any Information communicated to us, upon the Representation of the "Necessity of making an Addition to the Naval Force of the Kingdom, for the Purpose of supporting the Interests of these Kingdoms, and of contributing to the great and important Object, of restoring the Tranquillity of Europe on a secure and lasting Foundation;" by continuing on a great Expence, and with great Hardship to the British Seamen, the Preparation of this Force, after they had determined not to employ it, but to close with the Conditions offered by the Court of Petersburgh, so early as on the 26th of May 1790, repeated frequently, and invariably adhered to by that Court, which they have since accepted as sufficient to support the Interest of these Kingdoms, and to restore the Tranquillity of Europe, on a secure and lasting Foundation."

Which being objected to;

After long Debate,

The Question was put thereupon?

It was resolved in the Negative.

Raybould's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Raybould, with Joannah Pearsall his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" which stands appointed for Wednesday next, be put off to Monday next.

Larking's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Larking Esquire, with Elizabeth Marcon his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" which stands appointed for Wednesday next, be put off to Wednesday the 7th Day of March next.

Adjourn.

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

DIE Mercurii, 29o Februarii 1792.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Londin.
Epus. Duresm.
Epus. Petriburg.
Epus. Bangor.
Epus. Landaven.
Epus. Meneven.
Epus. Glocestr.
Epus. Carliol.
Dux Gloucester.
Ds. Thurlow, Cancellarius.
March. Stafford, C. P. S.
Dux Portland.
Dux Bridgewater.
March. Townshend.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Poulet.
Comes Kellie.
Comes Balcarras.
Comes Tankerville.
Comes Stanhope.
Comes Brooke & Warwick.
Comes Fitzwilliam.
Comes Radnor.
Comes Strange.
Comes Mount Edgcumbe & Valletort.
Viscount Stormont.
Viscount Sydney.
Ds. Audley.
Ds. Dacre.
Ds. Willoughby Br.
Ds. Hay.
Ds. Middleton.
Ds. Onslow & Cranley.
Ds. King.
Ds. Chedworth.
Ds. Walpole.
Ds. Milton.
Ds. Hawke.
Ds. Amherst.
Ds. Walsingham.
Ds. Porchester.
Ds. Rawdon.
Ds. Sommers.
Ds. Delaval.
Ds. Dorchester.
Ds. Heathfield.
Ds. Fife.
Ds. Verulam.
Ds. Douglas of Lochleven.

PRAYERS.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "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-two."

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.

Marine Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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.

Norwich and Thetford Road Bill.

Ordered, That the Committee, to whom the Bill, intituled, "An Act for continuing and amending an Act of the Seventh Year of His present Majesty, for amending the Road from the End of the Town Close, in the County of the City of Norwich, to the Chalk Pits near Thetford, in the County of Norfolk," stands committed, be revived, and meet To-morrow.

Norwich and Swaffham Road Bill.

Ordered, That the Committee, to whom the Bill, intituled, "An Act for continuing and amending an Act of the Tenth Year of His present Majesty, for amending and widening the Road from Saint Benedict's Gate, in the County of the City of Norwich, to Swaffham, in the County of Norfolk, and from Halfpenny Bridge, in Honingham, to the Bounds of Yaxham; and also a Lane called Hangman's Lane, near the Gates of the said City," stands committed, be revived, and meet To-morrow.

Fallejeff against Elphinstone.

Upon reading the Petition of Major Michael Fallejeff and his Attorney, Appellants in a Cause depending in this House, and of the Honourable William Elphinstone and another, Respondents thereto; setting forth, "That by an Order of Their Lordships, made on the Hearing of the said Cause on the 4th of April 1791, it was directed, (by the Consent of the Appellants and Respondents,) That it be referred to the Registrar of the Court of Admiralty of England to take an Account of the Demurrage and Damage of the Ship and Cargo mentioned in the said Cause, according to another Order of Their Lordships of the 14th of August 1784; and that the Consideration of what should be done on the Appeal and Cross Appeal be reserved till the said Registrar shall have made his Report: That the said Registrar has accordingly made his Report, which is thereunto annexed;" and therefore praying, "That their Lordships will be pleased to resume the Consideration of the said Appeal and Cross Appeal on such Day as Their Lordships may think proper:"

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

Whale Fishery and Northern Light-houses Accounts delivered.

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

He was called in, and delivered at the Bar, pursuant to the Directions of several Acts of Parliament,

"An Account of what Number of Ships or Vessels from Scotland have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were sitted out, and at what Port discharged; and also what Quantity of Oil, or Blubber, or Whale Fins each Ship has imported, from the 10th October of 1790, to the 10th of October 1791."

And also, "An Account of the Commissioners appointed by Act of Parliament for erecting LightHouses on the Northern Parts of Great Britain."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Female Servants' Duty Repeal Bill.

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

With a Bill, intituled, "An Act for repealing the Duties on Female Servants;" to which they desire the Concurrence of this House.

Houses Duty Repeal Bill.

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

With a Bill, intituled, "An Act to repeal the Duties on certain inhabited Houses containing less than Seven Windows or Lights, granted by an Act of the Sixth Year of the Reign of His present Majesty;" to which they desire the Concurrence of this House.

Waggons, &c. Duty Repeal Bill.

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

With a Bill, intituled, "An Act for repealing the Duties on Waggons, Wains, Carts, and other Carriages, granted by an Act of the Twenty-third Year of the Reign of His present Majesty;" to which they desire the Concurrence of this House.

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

Davallon's Naturalization Bill.

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

To return the Bill, intituled, "An Act for Naturalizing John Baptist Davallon;" and to acquaint this House, That they have agreed to the same, without any Amendment.

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 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 said,

"Gentlemen, You who are of Counsel for Mr. Hastings, may now proceed in his Defence; and the Lords will be pleased to give attention."

Then Mr. Plumer, of Counsel for the Defendant, proceeded to open further the Defence of the said Warren Hastings to the first Article of Charge; and being further heard thereupon:

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

The House was resumed.

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

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

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

Mr. Justice Gould, Leave to go the Circuit.

Ordered, That Mr. Justice Gould and Mr. Baron Hotham have Leave to go the Circuit.

Adjourn.

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

Footnotes

1 Sic.