Sitting of 10 February 1806

MINUTES.
Sir Jacob Astleypresented a petition from the debtors in the county jail of Norfolk, praying for relief. Ordered to lie on the table.—Mr. Corry brought up the report of the committee appointed to try the merits of the petition relative to the Middlesex election. The report was, that the committee had decided that 'Sir Francis Burdett was not duly elected, and that George Boulton Mainwaring was duly elected. He therefore moved,
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that the return should be amended, by erasing the name of sir Francis Burdett, and inserting that of G. Boulton Mainwaring. Ordered.—A new writ was directed to be issued for the election of a burgess to serve in parliament for the borough of Newark upon Trent, in the room of sir Charles Maurice Pole, who had accepted the place of one of the commissioners for executing the office of lord high admiral.—On the motion of Mr. Creevey, a new writ was directed to be issued for the election of a knight of, the shire for the county of Surrey, in the room of lord William Russell, who had accepted the place of one of the commissioners for executing the office of lord high admiral.—A new writ was ordered to be issued for the election of a member for Tavistock, in the room of lord Robert Spencer, who had accepted the stewardship of the Chiltern Hundreds.— A new writ was ordered to be issued for the election of a member to serve for Ryegate in the room of the hon. John Somers Cocks, now lord Somers, called to the house of peers.—A person from the Bank presented an account of the unclaimed dividends due on the 10th of Oct. 1802, and unpaid on the 23d March, 1805.—Mr. Vansittart moved, "That there be laid before this house, an account of the net produce of all the permanent taxes and of the war taxes in Great Britain for the years ending the 5th of Jan. 1805, and the 5th of Jan. 1806, respectively, distinguishing each quarter.

COMMITTEE OF WAYS AND MEANS.
The house resolved itself into a committee of ways and means, in which
Mr. Vansittartmoved, according to the notice he gave on Friday, for a grant of five million to be raised by exchequer bills. He said, it was with great satisfaction he assured the house, that such was the state of exchequer bills now in the market, that the present intended issue would not in the least detriment those now, outstanding; as these bills were intended to he made payable four months after date, and might be taken up either from the next loan, or by other exchequer bills, as should be found most convenient, when the chancellor of the exchequer should bring forward the general estimates for the present year's expenditure. This was no more than a mere temporary accommodation, to enable the present government to carry on the public business, and make the necessary payments to the end of the present

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quarter.—The resolution was agreed to, the house resumed, and the report was ordered to be received to-morrow.

WITNESS'S INDEMNITY BILL.
Mr. Whitbreadrose in pursuance of his notice on Friday last, to move for leave to bring in a bill to indemnify all such persons as should be required to give evidence on the impeachment of lord Melville, and who had served under him at any time, in the Navy Pay Office. He would state the reasons briefly, which obliged him to originate this measure this year, though he was aware that they must, in some degree, be in the recollection of the house. Several lawyers had given it as their opinion, that many of the questions which Mr. Trotter might he required to answer, would, if answered, fairly expose him to the dangers of prosecution. In order to obviate this difficulty, a bill was last year brought in to indemnify Mr. Trotter, and such persons as should be required to give evidence in the case of lord Melville, against the consequences of any criminal prosecution. The hon. baronet over the way (sir W. Elford) had then moved, that the indemnity should extend to civil as well as criminal prosecutions, in order to have the witnesses free from any bias whatever. This proposition of his had been agreed to, and the bill, thus amended, sent to the lords. Some difficulties had arisen in the lords upon the subject, in consequence of which the indemnity, as to civil suits, had been struck out, and the bill passed in this state; the question, however, respecting these civil suits, had been referred to the judges, who were directed to give their opinions within three weeks. The bill had been rejected in the commons, in consequence of the lords' amendments, and he had brought in another, extending to criminal prosecution only, which had passed, and received the royal sanction. In the mean time the three weeks had expired, and the judges had given no opinion; and now, in fact, there was no question before them. In consequence of different events which had lately taken place, he had refrained from coming to the house sooner upon this business; but, however, as this delay had taken place, he must beg that the bill might be carried forward with all possible speed, that it might be carried to the other house, and that the opinions of the judges might be taken, before they proceeded on the circuit. This was the more requisite, as every thing that had come under their
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observation proved that the evidence of Mr. Trotter was indispensably necessary. It might be proper to say a few words relative to the situation in which the committee stood. They had proceeded in the task assigned them with scarcely the intermission of a day; but it would be recollected that they had been obliged to carry on a long and laborious investigation of a number of voluminous documents, public and private, and to search them very minutely, in order to establish the articles which they had already preferred; and that they had been under the necessity of examining a variety of witnesses, many of them from distant parts of the island, especially from the north. He hoped, however, that the committee would soon be enabled to complete the business, as far as the house had hitherto proceeded. He thought it right to state, that it was intended to present a special report to the house, respecting certain circumstances that had come to their knowledge since they had entered upon their labours as a committee, with a view to lay the foundation for a fresh article or two of impeachment against lord Melville. This he said, in order to give the house all proper information respecting their proceedings, and to prevent any person from saying hereafter that he was taken by surprize. At the same time, though the grounds of the report were settled, and the report itself almost ready to be presented, it was still thought proper to withhold it till Mr. Trotter could be examined. The hon. gent. concluded by moving for leave to bring in a bill "to indemnify persons who shall give evidence against Henry lord viscount Melville, towards or upon the impeachment voted against him by the commons of the united kingdom of Great Britain and Ireland, in parliament assembled, in respect of acts done by such persons in any office or employment held by them under the said lord viscount Melville, during the time he held and enjoyed the office of treasurer of his majesty's navy."
Sir W. Elfordobserved, that the object of the bill now moved for, seemed to be exactly the same with that which he had thought necessary to suggest last year. His view was to render the witnesses free from all bias whatever, either on one side or the other, and this, in his opinion, was not to be effected without removing all fear of a liability to any danger from any thing they might disclose either by a criminal prose-

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cution, or a civil suit. Being of this opinion, he had, of course, suggested the amendment which had been carried in this house. The judges had certainly given no opinion, and in fact had refused to give an opinion on a question put to them on such a broad basis. But, however, he hoped, that the witnesses would be free from all bias, so that every chance of justice might remain both for the individual and the public. With this object in view, he could have no objection to the bill bring brought in, and as the principle had already been recognised by the house, he saw no reason why it should not be suffered to proceed with all the requisite dispatch.—The question was then put, and leave given. After which Mr. Whitbread brought in the bill, which was read a first and second time, committed, reported, and ordered to be read a third time to-morrow.

MINUTES.
The new lord chancellor, the right hon. Thomas lord Erskine, was introduced (holding the seals in his hand) between lord Holland and the earl of Moira, preceded by the duke of Norfolk, earl Marshal, and attended by garter king at arms. His patent of creation having been read at the table, and the oaths administered, lord Erskine took his seat as a baron, and afterwards as speaker on the woolsack, when he delivered the seals to his pursebearer.—The house then adjourned during pleasure, that the lord chancellor might unrobe. In a few minutes his lordship returned, and the house being resumed, the malt duty bill, and the pension, &c. duty bill severally passed through committees, and were reported.