A motion was made to adjourn to Monday.

ORDNANCE ESTIMATES.

The Chancellor of the Exchequer objected to the day. He faid there were many of the branches of the public fervice which claimed the attention of Parliament, and required that provifion thould he made for them, and among many others the Ordnance department; orders had been given that ellimates fhould be drawn up of the expences that would attend the different fortifications that had been deemed neceffary for the protection of the dock-yards, and other places; thefe orders had been executed, and the estimates were nearly ready to be laid before the Houfe; and he expected that to-morrow they might be laid upon the table.

Mr. Fox obferved, that though the estimates might be brought in, it ought not, and could not be expected, that the Committee of Supply would proceed to vote them, until the Houle thould learn the refult of his Majefty's confideration of the refolutions laid before him yesterday, of wich his Majesty had this day informed the H、fe by meffage, he would confider.

The Chancellor of the Exchequer replied that let the refult of that confideration be what it might, there was no ground to delay the prefenting the estimates: according to the rules of the House, estimates must lie fome days upon the table before they are voted; and therefore though he wished to prefent the papers to-morrow, he by no means intended to move that they he voted to-morrow.

Mr. Fox gave way; and the Houfe adjourned till to-morrow.

HOUSE of LORD S.

Friday, February 6.

The Lord Chancellor reported his Majefty's moft gracious answer to the Addrefs of the Houfe of Wednesday laft, which, with the Addrefs, is as follows:

"Moft gracious Sovereign,

"We, your Majefty's most dutiful and loyal fubjects, the Lords Spiritual and Temporal, in Parliament affembled, acknowledge with great fatisfaction the wisdom of our happy conflitution, which places in your Majefty's hand the undoubt ed authority of appointing to all the great offices of executive government. We have the firmeft reliance on your Majefty's known wijdom and paternal goodness, that you will always be an xious to call into and continue in your fervice men the most deferving of the confidence of your Parhament, and the publie in general.

"In this confidence we beg leave to approach your Majefly with our most earnest afurances, sbat we will, on all occafions, fupport your Ma jefly in the just exercije of thofe prerogatives which the wildom of the lar has entrusted to your Majeftv, for the preservation of our lives and properties, and upon the due and uninterrupted exrcife of which must depend the blessings which

"My Lords,

"I thank you for this dutiful and loyal Addrefs; and I dejive you will reft affured that I have no object in the choice of Miners, but to call into my fervice men the most deferving of the confidence of my Parliament, and of the Publick in general.

"I cannot too often repeat my affur ances, that my confiant fudy, in the exercife of every Prerogative entrusted to me by the Conflitution, is to employ it for the welfare of my People."

NESBITTS DIVORCE BILL.

The order of the day was read for the fecond reading of the Bill to diffolve the mar riage of Walter Netbitt, Efq. with Ann Blomberg, his now wife, and to enable him to marry again, and for other purposes therein mentioned."

Counfel were then called to the Bar. Mr. Bearcroft and Mr. Thomas appearing for Mr. Nelbitt; and Mr. Hardinge for Mrs. Netbitt. The B.I was then read a fecond time, and is to the following effect:

"That on the 26th day of October, 1775, your said subject was married according to the rites of the Church of England at St. James Westminster, to Anne Blomberg, widow.

"It then ftates the marriage fettlement executed in Sept. 1775, which fettles rocol. per annum upon Mrs. Netbitt, after the decafe of her husband, payable half yearly.

"It recites alfo, that your faid fubject, and the faid Anne his wife, lived together as man and wife for feveral years after the faid mar rage, during which time the faid Anne his wife did enter into an unlawful and criminal converfation with Thomas Totty, Efq. and, in the month of May laft, committed adultery with the faid Thomas Totty; and your faid fubject hath not, fince the difcovery thereof, cohabited, or had any intercourse with her.

"And alfo, that your faid fubject did, in Easter Term laft, bring his action in the King's Bench, and obtained a judgment a gainst him.

"It then recites, that your faid subject exhibited a libel in the Confiftory Court of the Bithop of London, and also obtained a definitive fentence of divorce from bed, board, and

mony between him and his wife being broken, by the open adultery of the faid Anne, be from henceforth diffolved, and made void."

Then follow claufes that are ufually contained in Bills of this kind.

Mr. Bearcroft afterwards opened the cafe of Mr. Nelbitt in a very clear, fenfible, and full manner. Witpeifes were afterwards called and examined to prove the criminality of the cafe

Hugh Stepberfon, Butler to Mr. Nefbitt, depoled, that Capt. Toity was introduced into Mr. Netbitt's family by Col. Butler, in the beginning of the year 1780; in about two months after, he thought he perceived too great a familiarity between his Mißtrefs and the Captain. What led him to this was, his mafter being a very regular man, unless he had a very particular company indeed, genc. tally retired about eleven o'clock, this he d when the Captain was there, who would remain alone with Mrs. Neibitt till two or three in the morning; this induced him to watch them; for this purpofe he went up one night with an intention to go unawares into the dining-room, but when he came to the door he found it locked; on his return he heard a noife, when his fufpicions led him to think that either the Captain or the Lady had fallen from the fopha; in a day or two after, he obferved him to put his hand round her neck, and take liberties with which the appeared much pleafed. Mr. Netbitt being indifpofed about June, they went to Stowe, near Margate, that he might have the benefit of bathing in the fea. They had not been long here, when the Captain came down on a vilit, and remained a fortnight, during which time Mr. and Mrs. Nefbitt flept in different rooms: the deponent, two or three times, by chance, and feveral times by watching, faw the Cap tain and his mittrefs go into each other's apart ments after the family were retired to refl, with nothing but their night-gowns on. This circumftance he mentioned to a friend of his matter's, a Mr. Egerton, and asked him how he fhould act? Mr. Egerton obferved that it was a very delicate fubject, and that he did not know what to advite him to. At the latter end of the year, he accompanied Mr. Netbitt to the West Indies; they were abfent about eighteen months. Soon after their return, they went on a vifit to Lord Gage's, where Captain Totty likewife came, and he remarked, the day the Captain arrived, Mrs. Nefbitt complained of being indisposed; and therefore, as was her cuftom when that was the cafe, flept in a different apartment, which The continued to do during the ftay of the Captain. He obferved nothing part cular pafs between them till April, 1783, when the Captain being on a vifit at his master's, in Grafton-Houte, the 7th of that month, about twelve at night he faw him go into her chamber; upon which the witness went immediate ly and acquainted Major Weft, who was alfo there on a vifit, and defired him to inform his VOL. VI. Feb. 1784.

mafler; the Major went with him into the Captain's room, and looked into the bed to be certain he was not there, and on being fatisfied of which, he bd him go to bed and take no further notice of it at prefent. The next morning he was fent for by his matter, who was at a friend's houfe, where he before Major Weft, related what he had obferved. Mr. Netbitt was very much ag tated, and would fcarcely credit the information. It was after fome time agreed, that he fhould watch them that night, that they might meet an open derection; this was accordingly put in practice, and he again faw the Captain go into her roome he acquainted Major Welt with it, and they both went to his maller, and then all together to her chamber, where they found the Captain and Mrs. Netbitt in bed together. A fe paration took place, and on being questioned, he declared he did not think his master ever had the leaft fufpicion of her before that time, or that he had ever feen her lince their feparation.

had

Major Weft entirely corroborated what been faid by Stephenfon; he had been intimately acquainted with Mr. Netbitt from their gcing to fchool together, and on his return from Coxheath, Mr. Netbitt had offered him a room in his houfe to spend the winter, which he accepted; he had obferved there exifted a great intimacy between the Captain and Mrs. Netbit, but never fufpeted them of any impropriety until it was mentioned to him by a frend, after which many of their actions appeared to him to have too great a familiarity; he afterwards heard it talked of in feveral quarters, and his friend preffed him to inform Mr. Netbitt of it, but it was a very delicate fubject, and having no proof, he did not think it adviseable to interfere; he had spoke of it to Stephenfon, who informed him that he had often feen the Cape tain go into his mistress's chamber, and that fhould he fee him again he would acquaint him with it; nothing farther occurred until the 7th of April; when Stephenson came and waked him, with the information that the Captain was then in Mrs. Netbitt's apartment; notwithfanding he was apprized that fuch a circumftance had taken place, he was greatly thecked at having the intelligence, so much lo, that he could not come to any determination how to act; he however went into the Captain's room, and by his not being there, had reason to believe it was a fact. Under these circumstances he thought it most advifeable not to alarm Mr. Netlitt at that time of nighs, but to take an o, portunity of breaking it to him in the morning. This method he adopted, and he was very happy at having done fo, for notwithstanding he took this precaution, it had fo great an effect on Mr. Netbitt, that the affiflance, of a furgeon to bleed him was found abfolutely nee ceffary. After fome deliberation it was concluded, that it would be much the best, to leave matters as they wore, until they had an T

Oppor

opportunity of detecting them; Stephenfon was therefore ordered to watch the next night, and about twelve o'clock he came and faid, they might now find them together; he and Stephenfon went down to Mr. Nesbitt, who was fitting with the greatest anxiety; they then proceeded to her chamber, where Mr. Netbitt dragged the Captain from the bed; it was with much difficulty that he (th; witness) could prevent Mr. Netbitt from ofing violences it ended however in the Captain's quatting the houfe; what farther paffed between them, he conceived would be troubling their Lordships to no purpofc, and therefore concluded his evidence.

Mr. Egertan, was called, who acknowledg. ed that Stephenfon had give him the intima tion, in the year 1780, at Stone, that Capt. Totty made a practice of going into Mis. Nef bitt's chamber; he gave him this information on the morning, just as he was leaving the houfe, where he had been on a vifit; but as it was a matter of fo nice a nature, he found himfelf totally inadequate to the task of giving advice upon it.

At five o'clock, Counsel were ordered to withdraw, and on a motion the further confideration of the bill was put off to Monday next, and the House adjourned to Monday the 9th.

Lord Beauchamp brought in the report from the Committee appointed to infpret the Jouruals of the Houfe of Lords, with respect to any proceedings or refolutions of that Houfe, relating to any refolutions of this House of the 24th of December, and of the 12th and 16th of January laft, and to make report thereof to the House.

The report was received, read at the table, and agreed to by the Houfe.

Lord Brauchamp then rofe, and faid, he fhould for the prefent barely move, "that the report lay upon the Table," but he defired to give notice, that he should move that it be taken into confideration on Monday, when it was his intention to move fome refolutions up

on it.

The further confideration of the report was, in confequence adjourned till Monday.

CHILDREN OF BRITISH MOTHERS BORN OUT OF THE KINGDOM.

Mr. Demper moved for the fecond reading of the bill for granting all the privileges belonging to natural born fubiects, to the children of British mothers, though born out of the King's dominions.

Mr. Eden faid, this bill would have a very general operation; it would grant the rights of fabjects to almost all the natives of Ameri

ca, as they were mostly defcended either from British fathers, or British mothers. It would confequently defeat the well-founded expecta tions of natural born fubjects, of fucceeding to eftates in the King's dominions, if alicu relations were to be thus qualified to thep in between them as next heirs, though aliens born.

Mr. Deripfer faid, that there was nothing new in the bill. The 7th of Anne extended the rights of fubjects to perfons born of British fathers and mothers; the 4th of George II. extended them alfo to the children of British fathers, though of alien mothers, and the ob ject of the prefent bili was to extend them alfo to the children of British mothers; an ex• tenfion, in his opinion, founded in equity; for it would be a lingular hardship to a man, that he thould not be able to fucceed to an e ftate in England in right of his mother; and that fuch effate thould pafs from the mother, at her decease, to fome difiant relation, though. the fhould leave behind her a legitimate offfpring.

The bill was read a fecond time without further oppofition; and an order was made that it be committed. The Houfe adjourned at four o'clock to Monday the 9th.

HOUSE of LORD S.
Monday, February 9th.

Heard Counfel on Nefbitt's Divorce Bill and committed it for Friday.

HOUSE of COMMONS.

Monday, February gib.

A new Writ for Leicester, in room of Mr. Darker.

UNION.

Mr. Hammet declined making the motion for an Union, which he had given notice of. MOTION RESPECTING THE HOUSE OF

LORDS.

Lord Beauchamp moved that the report from the Committee appointed to examine the Lords Journals be read, which was accordingly done; and it barely ftated, that the Committee had found the refolutions, which were agreed to by the Lords on Wednesday laft. His Lord. thip oblerved, that for his own part, he never entertained a doubt of the right of the Houfe of Commons to pafs fuch a refolution as that which the Lords had been pleased to make an object of their cenfure on a late occafion; and fo clear was he in his own mind of that right, that he was perfectly fatisfied the Houfe might without any further enquiry, proceed to take into immediate cenfideration the refolutions paffed lately by the Lords. However, there were feveral of his friends, for whofe opinions he had the greatest deference, who thought that any proceeding on this head, ought to be

pre

preceeded by a feuch for precedents, which thould form the fubflatum of such refolutions as the thould think proper to build upon them. In deference, therefore, to ther opinions, he moved that a Committee be appointed to fearch the Journals for precedents relative to the u fages of the Houfe, touching the exercife or non exercife of any difcretionary power, vefted in the fervants of the Crown, or any men, or body of men, relative to the expend ture of public money. This motion was agreed to without debate; and a lift of Members was afterwards delivered to the Speaker by Lord Beauchamp, who moved that they be a Committee for the above purpose. These two mos tions alfo poffed. His Lordthip then gave notice that he would move that they make their report on Wednesday, on which day he intended to fabmit fome propofitions to the confideration of the Houfe.

STATE OF THE NATION.

Mr. Fox rofe next, he obferved that under the prefent peculiar circumstances of the country, it would not, in his opinion, be proper to go into the Committee on the fate of the nation for fome days (it was one of the orders for this day.) The Houfe had thought proper to agree to fome refolutions, which were afterwards laid before his Majesty, who had promifed to take them into confideration.' It was but decency to his Majesty that the Houfe fhould pause for a while, and allow him fufficient time to give the refolutions a thorough confideration. What might be deemed a fufficent time he knew net; nor did he like to distress the right hon. Gentleman at the head of the Treasury with questions that it might embarrass him to anfwer: but poffibly he might of his own accord let the Houfe know whether they were likely to have an answer to their refolutions, when they might expect to receive it; or he might perhaps tell them that there was no further anfwer at all to be given. The information that he thould please to give on that fubject, would of courfe determine the Houfe what measures it thould be proper to purfue.

The Chancellor of the Exchequer was filent Governor Johnstone begged leave to answer the right hon. gentleman who spoke laft; when did he intend to bring in his new India bill ? Upon that bill a great deal depended, and therefore he wished mott earnefily to fee it. The Directors were at a lofs what introctions to fend out to India; and it was impoffible the Hoofe could determine what measure ought to be adopted relative to the prefent con. teft of parties, until they thould fee that bill which the right Hon. member intended to bring in. When the bill propofed by the Chancellor of the Exchequer was rejected, the right hon. gentleman moved for leave to bring in another bill; and he went fo far as to say that he could produce it that very night, or at fartheff hest day; but he had thought proper to keep it back ever-face. Now is his opini

on the bill ought to be the test of the right hon. gentleman's pretenfions to govern this country: and therefore the House ought to fee it, before they proceeded one thep towards re moving the prefent adminiftration. It had been a question whether the bill rejected by the Lords was of fufficient importance to juf tify the late change of miners for his part he fincerely thought it was. It was next to be determined whether his Majefty had made choice of the next best fet of men in the country to condut his affairs: for his part he thought he had ; and therefore before he would give a vote that might have a tendency to remove them, and rettore their prefeceffors, he withed to fee the right hon. gentleman's new bill; for if he thould retain all the principle contained in the former one, which was thrown out by the Lords, it was impoffible that any min who wited well to the rights of individuals, could vote for the removal of the prefent minillers, in order to make way for the right hon. gentleman, again whom he had no perfonal prejudice whatever.

Mr Fox faid he never told the House that he could bring in his bill the very night he moved for it, or the next day for it certainly was not in fuch forwardness even at this mo ment, as that he could prefent it immediately, He would howeverfrankly own to the hon. gentleman, that if it was ready at the time, when he moved for leave to bring it in, till he was of opinion it ought not to have been presented then, or offered even now. Some gentlemen thought that as he was no longer in office, he ought not to take the lead in the business, and prefent a bill, which ought to come from office : but he was not himfelf of this opinion: the only thing therefore which had hitherto prevented him from getting it ready and prefenting it, was not that he was not in office, but that in fa& there was no adminiftration in this country; there was no power in any man or fet of men to carry any great and public measure through Parliament. The perfons now in office had not the confidence of this Houfe, and therefore could not carry a measure through it; and of what avail would it be, that he thould propose to pafs a bill through the House of Comm ns, which would be rejected in the Houfe of Lords? However, if he thould find that it was the opinion of many gentlemen in the Hoofe, that he ought at all events to bring in his bill, he would do it; and he believed he should be able to bring it in to morrow or the next day at fartheft. As for the order for going into the Committee on the fate of the nation this day, he intended to move to have it discharged; and that a new one thould be made for going into it on Friday next. And he moved accordingly.

Lord Mabon faid he had fome abfervations to make on the conduct of the right honourable. Gentleman, which would probably make him fpeak out: and in this critical fi tuition of affairs, every man ought to speak out. It was difficult, however to the right T &

honour.