House of Lords Journal Volume 33: December 1770, 1-10

Die Martis, 4^o Decembris 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former Commission.

Actons Petition referred to Judges.

Upon reading the Petition of Nathaniel Acton of Bramford, in the County of Suffolk, Esquire, on Behalf of himself and of Nathaniel Lee Acton his only Son, and of Charlotte, Harriott, and Caroline his Daughters, who are all Infants by Caroline his late Wife, (heretofore Caroline Wearg Spinster) now deceased; praying leave to bring in a Bill for rendering effectual an Exchange of Lands, pursuant to an Agreement, therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Adams, 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 the perused Bill, do sign the same.

Lords to be summoned.

Ordered, That all the Lords be summoned to attend the Service of the House To-morrow.

Ross to enter into Recognizance on Sinclair and Sutherlands Appeal.

The House being moved, That William Ross of Lincolns Inn, Gentleman, may be permitted to enter into a Recognizance for Archibald Sinclair Esquire, and William Sutherland, on Account of their Appeal depending in this House, they living in Jamaica:

It is Ordered, That the said William Ross Gentleman may enter into a Recognizance for the said Appellants, as desired.

Baldwin to enter into Recognizance on Dunbars Appeal.

The House being moved, That Christopher Baldwin of London, Merchant, may be permitted to enter into a Recognizance for John Dunbar Merchant, on Account of his Appeal depending in this House, he living; in the West Indies:

It is Ordered, That the said Christopher Baldwin Merchant may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 5^o Decembris 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former Commission.

A Message was brought from the House of Commons, by Sir Charles Bunbury and others:

Sudbury to Bury St. Edmunds Road. Bill.

With a Bill, intituled, An Act for enlarging the Term and Powers of an Act, made in the Second Year of the Reign of His present Majesty, intituled, An Act for repairing and widening the high Road leading from the North End of Ballingdon Bridge in Sudbury, in the County of Suffolk, to the South Gate in Bury Saint Edmunds, in the said County; to which they desire the Concurrence of this House.

Crinsozs Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Lewis Benjamin Crinsoz; to which they desire the Concurrence of this House.

The said Two Bills were read the first Time.

Writs of Error.

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table Two Writs of Error:

In the First of which,

Hasilrige against Vander Hoeven.

Charles Hasilrige is Plaintiff, and Cornelius Vander Hoeven is Defendant:

And in the last,

Walle and Reilly against Brooke.

Henry Walk and Peter Reilly are Plaintiffs, and Samuel Brooke is Defendant.

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

Order respecting Resolutions of this House impeaching Judgements of the H. C.

It was moved, That the Resolution of this House of the Second Day of February last, might be read:

The same was accordingly read by the Clerk, as follows:

Resolved, That any Resolution of this House, directly or indirectly impeaching a Judgement of the House of Commons, in a Matter where their Jurisdiction is competent, final, and conclusive, would be a Violation of the Constitutional Rights of the Commons, tends to make a Breach between the Two Houses of Parliament, and leads to general Confusion.

Motion relating to the Middlesex Election.

Then it was moved to resolve, That the Capacity to be chosen a Representative of the Commons in Parliament, being under known Restriction and Limitations of Law, an original inherent Right of the Subject, may be cognizable in a Court of Law, and is a Matter wherein the Jurisdiction of the House of Commons (though unappealable as to the Seat of their Member) is not final or conclusive.

Which being objected to:

It was moved, To adjourn:

After long Debate;

The Question was put thereupon?

It was resolved in the Affirmative.

Accordingly,

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, septimum, diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 7^o Decembris 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former commission.

Lords to be summoned.

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

Knight for a Divorce Bill:

Upon reading the Petition of Henry Knight of Tythegston, in the County of Glamorgan, Esquire, praying Leave to bring in a Bill to dissolve his Marriage with Catharine Lynch his now Wife, and to enable him to marry again and for other Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, The Lord Boston presented to the House a Bill, intituled, An Act to dissolve the Marriage of Henry Knight Esquire, with Catherine Lynch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on the First Day of Meeting after the Recess at Christmas; and that Notice thereof be affixed on the Doors of this House; and the Lords summoned; and that the said Henry Knight may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Catharine Lynch may have a Copy of the said Bill and that Notice be given her of the said Second Reading; and that me be at Liberty to be heard by her Counsel, what me may have to offer against the said Bill, at the same Time.

E. Pomfret et Ux. against Smith et al.

Upon reading the Petition and Appeal of the Right Honourable George Earl of Pomfret, and Anna Maria Countess of Pomfret, his Wife; complaining of Two Orders of the Lords Commissioners of the Court of Chancery of the 23d of November, last, and 4th of this instant December; and praying, That the same may be set aside, and that the Appellants may have a new Trial, and that Thomas Smith Esquire, Leonard Harley, John Parke, and Ralph Parke, may be required to answer the said Appeal:

It is Ordered, That the said Thomas Smith, Leonard Hartley, John Parke, and Ralph Parke, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 21st Day of this instant December.

Sudbury to Bury Saint Edmunds Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act made in the Second Year of the Reign of His present Majesty, intituled, An Act for repairing and widening the High Road leading from the North End of Ballingdon Bridge in Sudbury, in the County of Suffolk, to the South Gate in Bury Saint Edmunds, in the said County:

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

Their Lordships, or any Five of them, to meet on Wednesday next at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Ravenshaw and Sheppard against Allnutt.

Upon reading the Petition of Richard Allnutt, Defendant in a Writ of Error depending in this House, wherein Richard Ravenshaw and George Sheppard are Plaintiffs:

Needham against Marriott.

Also, Upon reading the Petition of Solomon Marriott, Assignee of Thomas Hallifax Esquire, and John Shakespear Esquire, Sheriffs of the City of London, Defendant in a Writ of Error depending in this House, wherein George Needham is Plaintiff:

Wolfe against Freeman.

Also, Upon reading the Petition of John Freeman, Defendant in a Writ of Error depending in this House, wherein William Wolfe is Plaintiff:

Judith against Cox.

And Also, Upon reading the Petition of Robert Albion Cox, Defendant in a Writ of Error depending in this House, wherein Abraham Judith is Plaintiff setting forth, That the Plaintiffs have not assigned Errors within the Time limited by the Standing Order; and therefore praying, That the said Writs of Error may be Non-prosd, with such Costs as to their Lordships shall seem meet:

Writs of Error Non-prosd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros. on the said Writs of Error, as de sired; and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writs of Error had been brought into this House; and further, that the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgements.

Tring, &c. Road Bill.

A message was brought from the House of Com mons, by Mr. Plummer and others:

With a Bill, intituled, An Act to continue and render more effectual an Act passed in the Ninth Year of His present Majesty, for repairing the Roads leading from the Turnpike Road in Tring, in the County of Hertford, through Dunstable, Hitchin, Baldock, and Royston, to the Turnpike Road at or near Bournbridge, and from the West End of Wellbury Lane to the Turnpike Road at the South End of Barton, in the Counties of Hertford, Bucks, Bedford, and Cambridge, so far as the same relates to the repairing the Roads in the Royston District of Roads in the said Act particularly mentioned; to which they desire the Concurrence of this House.

Lowick Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Common and Open Fields, Commonnable Lands, and Waste Grounds, within the Manor and Parish of Lowick in the County of Northampton; to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, decimum diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.

4^o Die Maii 1786.

Hitherto examined by us,

Moray.

Hopetoun.

John Bangor

Die Lun, 10^o Decembris 1770.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former Commission.

Peterson against Rolfe.

The Answer of John Peterson the elder, and John Peterson the younger, to the Appeal of Edmund Rolfe Esquire, was this Day brought in.

Committee of PriVileges to meet on the Sutherland Claim of Peerage.

A Petition of Sir Robert Gordon Baronet, claiming the Titles, Dignity, and Honour of Earl of Sutherland, was presented and read, setting forth, That the Claimant Lady Elizabeth, having at length brought in her additional Case (which pursuant to an Order of their Lordships made in last Sessions ought to have been delivered to the Petitioner on or before the First of September), and as the Question respecting this Peerage has already depended for Three Sessions; and therefore praying their Lordships, To appoint the Hearing of the several Claims to this Peerage, before the Lords Committees of Privileges, for some early Day after the approaching Christimas Recess:

And thereupon the Agents for all the Claimants were called in, and heard at the Bar:

And being withdrawn:

Ordered, That the Committee of Privileges do meet on Monday the 4th Day of February next, in order to hear Counsel upon the Petitions of the several Persons claiming the Peerage of Sutherland, and that Notice thereof be given to His Majestys Attorney General, and the Lord Advocate for Scotland.

For the better Supply of Mariners to serve in His Majestys Ships of War, &c. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An Act for the better Supply of Mariners and Seamen serve to in His Majestys Ships of War, and on Board Merchant Ships, and other Trading Ships and Vessels; to which they desire the Concurrence of this House.

Portmans Nat. Bill.

A Message was brought from the House of Clommons, by Sir Charles Whitworth and others:

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

The said Two Bills were read the First Time.

Lowick Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Lowick, in the County of Northampton.

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

Their Lordships, or any Five of them, to meet on Wednesday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Tring, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to continue and render more effectual an Act passed in the Ninth Year of His present Majesty, for repairing the Roads leading from the Turnpike Road in Tring, in the County df Hertford, through Dunstable, Hitchin, Baldock, and Royston, to the Turnpike Road at or near Bournbridge, and from the West End of Wellbury Lane to the Turnpike Road at the South End of Barton, in the Counties of Hertford, Bucks, Bedford, and Cambridge, so far as the same relates to the repairing the Roads in the Royston District of Roads in the said Act particularly mentioned:

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

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

Lynch and Lennan against Clifford et al.

Upon reading the Petition of John Clifford, Jean Albert Clifford and Peter Clifford, Defendants in a Writ of Error depending in this House, wherein Isidore Lynch and Henry Lennan are Plaintiffs, setting forth, That the Plaintiffs have not assigned Errors within the Time limited by the Standing Order; and therefore praying, That the said Writ of Error may be Non-prosd, with such Costs as to their Lordships shall seem meet:

Writ of Error Nonprosd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros, on the said Writ of Error, as desired; and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such. Writ of Error had been brought into this House; and further that the Plaintiffs in Error do pay, or cause to be paid, to the said Defendants in Error, the Sum of Twenty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Crinsozs Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Lewis Benjamin Crinsoz:

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.

Standing Order N^o 112. read.

The House was moved, That the Standing Order N^o 112. relating to the clearing of the House, might be read:

The same was accordingly read by the Clerk:

Which done; the House was cleared:

DISSENTIENT.

Because a Peer, being in the Course of a most spirited but proper and decent Speech, introductory to a Motion of Importance to the Publick Safety, which he declared it his Intention to make, was, under Pretence of speaking to Order, interrupted in a Manner equally insidious and disorderly. When the Peer was thus improperly and groundlessly interrupted, and the Standing Order N^o 112. relative to the clearing of the House read, another Peer getting up to speak to Order upon this astonishing Interruption, could not obtain a Hearing. The irregular, clamorous, and indecent Behaviour of several Lords who called out incessantly Clear the House! Clear the House! rendered all Argument, and all Representation upon the Subject, utterly impracticable.

This indecent and hitherto unprecedented Uproar was continued, even when the Noble Lord on the Woolsack flood up with his Hat off to explain Order; the same Tumult, which at first interrupted the Lord in his Speech, and did not permit the Lord who spoke to Order to be heard, prevented Also any Information from the Woolsack.

In this unexpected Tumult, in which every Idea of Parliamentary Dignity, the Right of free Debate, all Pretence to Reason and Argument were lost and annihilated, despairing of being able to hear or to be heard, we found ourselves at length obliged to leave the House; and we cannot, without the utmost Concern, reflect upon the Method in which the House was cleared, thinking the personal Interference of Peers, and their going to the Bar to require the Members of the other House to withdraw, to be equally derogatory from the Dignity of the Lords, and disrespectful to the House of Commons.

We must consider this Proceeding (too manifestly premeditated and prepared) to have been for rid other Purpose than to preclude Enquiry on the Part of the Lords, and, under Colour of concealing Secrets of State, to hide from the public Eye the unjustifiable and criminal Neglects of the Ministry, in not making sufficient and timely Provision for the National Honour and Security.

We therefore do now most solemnly protest against the Whole of this irregular Conduct, as tending to suppress the sober and dispassionate Deliberation which ought to guide the Proceedings of this House, and to substitute Clamour and Violence in the Place of reason and Argument.

Nullum Tempus Act of the 9th of the King to amend, Bill.

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

With a Bill, intituled, An Act to amend so much of an Act made in the Ninth Year of His present Majestys Reign, intituled, An Act to amend and render more effectual an Act made in the Twenty first Year of the Reign of King James the First, intituled, An Act for the general Quiet of the Subjects, against all Pretences of Concealment whatsoever, as relates to the prosecuting His Majestys Right, Title, or Claim to any Messuages, Lands, Tenements, or Hereditaments, within the Precinct, District, or Liberty of the Savoy in the County of Middlesex, or to any the Appurtenances to the same therein mentioned; to which they desire the Concurrence of this House.

Standing Orders N^o 10. 40. 112. 39. and 41. read

The House was moved, That the Standing Order N^o 10. might be read:

The same was accordingly read by the Clerk.

The House was Also moved, That the Standing Order N^o 40. might be read:

The same was accordingly read by the Clerk.

The House was likewise moved, That the Standing Order N^o 112. might be again read:

The same was accordingly again read by the Clerk.

The House was Also moved, That the Standing Order N^o 39. might be read:

The same was accordingly read by the Clerk.

The House was likewise moved, That the Standing Order N^o 42. might be read:

The same was accordingly read by the Clerk.

Lord on the Woolsack directed to give first Orders that no Persons be admitted into the House.

Then it was moved, That the Lord on the Woolsack be desired to give strict Orders to the Officers of this House, that no Person be permitted to be in any Part of the House during the Sitting thereof, except such who have a Right to be in the House according to the Standing Orders.

The same was agreed to, and ordered accordingly.

The Black Rod directed to take care that no Person be admitted into the House, but such as have a Right.

Whereupon, The Gentleman Usher of the Black Rod was, at the Bar, directed by the Speaker to give first Orders to his Officers, and to take Care himself, That no Person be permitted to be in any Part of the House during the Sitting thereof, except such who have a Right to be in the House according to the Standing Orders.

Nullum Tempus Act of the 9th of the King to amend, Bill.

Hodie 1^a vice letla est Billa, intituled, An Act to amend so much of an Act made in the Ninth Year cf His present Majestys Reign, intituled, An Act to amend and render more effectual an Act made in the Twenty-first Year of the Reign of King James the First, intituled, An Act for the general Quiet of the Subjects, against all Pretences of Concealment whatsoever, as relates to the Prosecuting His Majestys Right, Title, or Claim to any Messuages, Lands, Tenements, or Hereditaments, within the Precinct, District, or Liberty of the Savoy in the County of Middlesex, or to any the Appurtenances to the same therein mentioned.

Then it was moved To adjourn:

The same was agreed to.

Accordingly,

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, undecimum, diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.