Pages 555-560
Journal of the House of Lords Volume 32, 1768-1770. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 26o Aprilis 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
E. Sandwich takes the Oaths.
John Earl of Sandwich took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first at the Table delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.
Irving against Sn John Douglas.
After hearing Counsel upon the Petition and Appeal of Jeffrey Irving of Luss, complaining of Four Interlocutors of the Lord Ordinary in Scotland, of the 14th of February, 14th of July, 21st of November, and 7th of December, 1769; and also of Two Interlocutors of the Lords of Session there, of the 6th and 22d of February 1770; and praying, “ That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of Sir John Douglas of Kilhead Baronet, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutore affirmed with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby assurmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent the Sum of Fifty Pounds for his Costs in respect of the said Appeal.
Chepstow, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act to continue the Term and alter and enlarge the Powers of an Act, made in the Thirty-first Year of His late Majesty, for repairing the Road from the Village of Magor to the Bridge Foot in the Town of Chepstow, in the County of Monmouth, and other Roads in the Counties of Monmouth and Gloucester; and for repairing and widening several other Roads adjoining to the said Roads.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
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.
Upper Dunsforth and Branton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing several Common Fields, Meadow Grounds, Common Pastures, and other un-enclosed Grounds, within the Township or Territories of Upper Dunsforth and Branton, in the County of York.”
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. Roseberry against Fowlis et al; Hearing ex parte.
The House being moved, “ That a Day may be appointed for hearing the Cause, wherein Neil Earl of Roseberry is Appellant, and William Fowlis and others are Respondents ex-parte, the Respondents not having put in their Answer, though peremptorily ordered so to do:”
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, ex-parte, on Friday the 14th Day of May next, unless the Respondents put in their Answer in the mean Time.
Leeds Bridge Navigation Bill.
A Message was brought from the House of Commons, by Sir George Saville and others:
With a Bill, intituled, “An Act for making and maintaining a navigable Cut or Canal from Leeds Bridge, in the County of York, to the North Lady's Walk in Liverpoole, in the County Palatine of Lancaster, and from thence to the River Mersey;” to which they desire the Concurrence of this House.
Combersold, &c. Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Fitzherbert and others:
With a Bill, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Grounds, Commons, Pastures, and other Commonable Lands and Grounds, within the Manor of Comberford and Wigginton, or Prebends of Wigginton and Coton, in the County of Stafford” to which they desire the Concurrence of this House.
East and West Honda Rice Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, intituled, “An Act for extending like Liberty in the Exportation of Rice from East and West Florida to the Southward of Cape Finisterre in Europe, as is granted by former Acts of Parliament to Carolina and Georgia;” to which they desire the Concurrence of this House.
The said Three Bills were read the First Time.
Message from H.C. to return Lock Bill.
A Message was brought from the House of Commons, by Mr. (fn. ) Edwards and others:
To return the Bill, intituled, “An Act to enable the surviving Executor named in the Will of William Lock Esquire deceased, to lay out the Residue of the Personal Estate of the said William Lock, or some Part thereof, in the Purchase of Estates in Ireland, to be conveyed, settled, and assured, to the Uses, upon the Trusts, and for the Intents and Purposes, and subject to the Powers and Provisoes mentioned, declared, and contained, in and by the said Will, instead of laying out the same in the Purchase of Estates in England, as by the said Will is directed;” and to acquaint this House, that they have agreed to the same, without any Amendment.
Swale, &c. Navigation Bill.
A Message was brought from the House of Commons, by Sir George Saville and others:
With a Bill, intituled, “An Act for completing the Navigation of the River Swale, from its Junction with the River Ure, to Motion Bridge, and of Bedcle Brook, in the County of York; and for repealing Part of an Act, made in the Seventh Year of Hi present Majesty's Reign, relating thereto;” to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from II. C. to return E Oxford's Estate Bill.
A Message was brought from the House of Commons, by Mr. Boone and others:
To return the Bill, intituled, “An Act for vesting a Messuage in Pall-Mall, and the Pictures and Furniture thereunto belonging, in George Earl of Oxford, discharged from certain Trusts created thereof, and for settling Freehold Lands, in the County of Norfolk, of greater Value, in Lieu thereof, to the Uses therein mentioned;” and to acquaint this House, that they have agreed to the same, without any Amendment.
Louth Roads Bill.
A Message was brought from the House of Commons, by the Lord Brownlowe Bertie and others:
With a Bill, intituled, “An Act for repairing and widening several Roads leading from the Town of Louth, in the County of Lincoln;” to which they desire the Concurrence of this House.
Great Carlton and Castle Carlton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Whichcote and others:
With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, a Cow Pasture, and other Commonable Lands, within the Parishes of Great Carlton and Castle Carlton, in the County of Lincoln;” to which they desire the Concurrence of this House.
Duties of Customs, &c. Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, intituled, “An Act for rectifying a Mistake in an Act, made in the last Session of Parliament, intituled, “An Act for the better securing the Duties of Customs upon certain Goods removed from the Out Ports and other Places to London; for regulating the Fees of the Officers of His Majesty's Customs in the Province of Senegambia in Africa; for allowing to the Receivers General of the Duties on Offices and Employments in Scotland a proper. Compensation for their Trouble and Expences; for the better Preservation of Hollies, Thorns, and Quicksets, in Forests, Chaces, and Private Grounds, and of Trees and Underwoods in Forests and Chaces; and for authorizing the Exportation of a limited Quantity of an inferior Sort of Barley called Bigg, from the Port of Kirkwall, in the Islands of Orkney,” to which they desire the Concurrence of this House:
Great Cowden Enclosure Bill.
A Message was brought from the House of Commons, by Sir George Saville and others:
With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures and Grounds, within the Township of Great Cowdon, in the several Parishes of Mapleton and Aldborough in Holderness, in the East Riding of the County of York ;” to which they desire the Concurrence of this House.
Mattersey Enclosure Bill.
A Message was brought from the House of Commons, by Sir George Saville and others:
With a Bill, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Parish of Mattersey, in the County of Nottingham ;” to which they desire the Concurrence of this House.
The said Five Bills were, severally, read the First Time.
Message from H. C to return E Aylesford's Estate Bill.
A Message was brought from the House of Commons, by Sir Thomas Franklin and others:
To return the Bill, intituled, “An Act for vesting certain Manors and Lands, in the County of Norfolk, Part of the Settled Estates of Charlotte Countess of Aylesford and her Issue, in Heneage Earl of Aylesford and his Heirs, and for settling other Manors, Lands, and Hereditaments, in the County of Warwick, the Estates of the said Earl, of greater and better Value, to the like Uses in Lieu thereof;” and to acquaint this House, that they have agreed to the same, without
any Amendment.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ tricesimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 30o Aprilis 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
D. Rutland and E Stanhope take the Oaths.
John Duke of Rutland and Philip Earl Stanhope took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
St Clement Danes Poor Bill.
The Earl of Oxford reported from the Lords Committees, to whom the Bill intituled, “An Act to explain, amend, and render more effectual, an Act made in the Fourth Year of the Reign of His present Majesty, for maintaining, regulating, and employing, the Poor of the Parish of Saint Clement Danes, in the Liberty of Westminster, and County of Middlesex.” 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.”
Chepstow,&c. Road Bill.
The Earl of Oxford made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to continue the Term and alter and enlarge the Powers of an Act, made in the Thirty-first Year of His late Majesty, for repairing the Rood from the Village of Magor to the Bridge Foot in the Town of Chepstow, in the County of Monmouth, and other Roads in the Counties of Monmouth and Gloucester, and for repairing and widening several other Roads adjoining to the said Roads,” was committed.
Sevenoaks, &c. Road Bill.
The Earl of Oxford made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for continuing, amending, and rendering more effectual, so much of three Acts of Parliament, for repairing the Roads from Sevenoaks, Tunbridge Wells, and Kipping's Cross, to Lamberhurst Pound and Pullins Hill, in the County of Kent, and to Flimwell Vent, in the County of Sussex, as relates to the Road leading from Sevenoakes Common to Woodsgate, Tunbridge Wells, and Kipping's Cross, in the said County of Kent,” was committed.
Butterton Moor End, &c. Road Bill.
The Earl of Oxford made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for repairing, widening, turning, and altering, the Roads from Butterton Moor End near Oncott, in the County of Stafford, to the Three Mile Stone in the Turnpike Road leading from Buxton to Ashborne, in the County of Derby ; and from Blackton Moor, in the County of Stafford, to the Turnpike Road leading from Buxton to Ashborne near New-haven, in the County of Derby, and from Warslow to Ecton Mine, in the County of Stafford,” was committed.
Hertfod and Middlesex Roads Bill.
The Earl of Oxford made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act: to continue the Term and alter and enlarge the Powers of Three Acts for repairing the Highways through the several Parishes of Saint Michael, Saint Alban, Saint Peter, Shenley Ridge, and South Minis, in the Counties of Hertford and Middlesex,' was committed.
Blackheath, &c. Small Debt. Bill.
The Earl of Oxford also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to explain., amend, and make more effectual, an Act passed in the Fifth Year of His Majesty's Reign, intituled, “An Act for the more easy and speedy Recovery of Small Debts within the Hundreds of Blackheath, of Bromley and Beckenham, of Rokesley otherwise Ruxley, and Little and Lessness, in the County of Kent; and One other Act passed in the Sixth Year of His Majesty's Reign, for extending the Provisions of the said Act to the Hundred of Wallington, in the County of Surry,” was committed.
Duties oF Customs, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for rectifying a Mistake in an Act, made in the last Session of Parliament, intituled, “ An Act for better securing the Duties of Customs upon certain Goods removed from the Out Ports, and other Places, to London ; for regulating the Fees of the Officers of His Majesty's Customs in the Province of Senegambia in Africa ; for allowing to the Receivers General of the Duties on Offices, and Employments in Scotland, a proper Compensation for their Trouble and Expences; for the better Preservation of Hollies, Thorns, and Quicksets in Forests, Chaces, and Private Grounds, and of Trees and Underwoods in Forests and Chaces; and for authorizing the Exportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall, in the Islands of Orkney.”
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 Tomorrow.
East and West Florida Rice Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for extending like Liberty in the Exportation of Rice from East and West Florida to the Southward of Cape Finesterre in Europe, as is granted by former Acts of Parliament to Carolina and Georgia.”
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 Tomorrow.
Swale, &c. Navigation Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for completing the Navigation of the River Swale, from its Junction with the River ure to Morton Bridge, and of Bedale Brook, in the County of York; and for repealing Part of an Act made in the Seventh Year of His present Majesty's Reign, relating thereto.”
Ordered, That the said Bill be committed to the Consideration of the Lords following:
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.
Mattersey Enclosure Bill; the King's Consent signified to it;
The Lord Viscount Weymouth acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Parish of Mattersey, in the County of Nottingham” was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit.”
and to Upper Dunsforth and Branton Enclosure Bill.
The Lord Viscount Weymouth also acquainted the House, “ That His Majesty having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing several Common Fields, Meadow Grounds, Common Pastures, and other un-enclosed Grounds, within the Township or Territories of Upper Dunsforth and Branton, in the County of York” was pleased to consent (as far as His Majesty's Interest is concerned)that their Lordships may proceed therein as they shall think fit.”
Mattersey Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Parish of Mattersey, in the County of Nottingham.”
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.
Great Cowden Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures, and Ground's, within the Township of Great Cowden, in the several Parishes of Mapleton and Aldbrough, in Holderness, in the East Riding of the County of York.”
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.
Leeds Bridge Navigation Bill.
Hodie 2a vice lecta est Billa, intituled,” An Act for making and maintaining a navigable Cut or Canal from Leeds Bridge, in the County of York, to the North Lady's Walk in Liverpoole, in the County Palatine of Lancaster and from thence to the River Mersey”
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 Wednesday next, at the usual Time and Place; and to adjourn as they please.
Louth Roads Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for repairing and widening several Roads leading from the Town of Louth, in the County of Lincoln”
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.
Comberford, &c. Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Grounds, Commons, Pastures, and other Commonable Lands and Grounds, within the Manor of Comberford and Wiggington, or Prebends of Wiggington and Coton, in the County of Stafford.”
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.
Welton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for enclosing several Open and Common Fields and Commonable Lands, in the Manor and Parish of Welton, in the County of Lincoln”
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place; and to adjourn as they please.
Lords summoned.
Ordered, That all the Lords be summoned to attend the House Tomorrow.
Address to His Majesty tor Papers relating to Disturbances in America.
Ordered, That an humble Address be presented to His Majesty, That he will be graciously pleased to give Directions that there be laid before this House, Copies of all Narratives of any Disputes or Disturbances which have happened between His Majesty's Troops stationed in North America and the Inhabitants of any of His Majesty's Colonies there, since the 24th Day of June last, received by the Commissioners of His Majesty's Treasury, any of His Majesty's Secretaries of State, or any other Public Offices, together with Copies of all Orders and Instructions lent to the Governors, Lieutenant Governors, Deputy Governors, Presidents of the Council of any of His Majesty's Colonies in North America, or to the Commander in Chief of His Majesty's Forces, or any Officer Civil or Military within the same, relative to such Disputes or Disturbances.
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Mall, jam prox. sequence hora undecima Aurora, Dominis sic decernentibus.