House of Lords Journal Volume 33
April 1772, 21-30

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History of Parliament Trust

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1767-1830

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373-377

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'House of Lords Journal Volume 33: April 1772, 21-30', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 373-377. URL: http://www.british-history.ac.uk/report.aspx?compid=113563 Date accessed: 26 July 2014.


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Die Jovis, o Aprilis 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Dux Portland.Ds. Abergavenny.
Epus. Londin.Comes Westmorland.Ds. Willoughby Par.
Epus. Eliens.Comes Strathmore.Ds. Romney.
Epus. Wigorn.Comes Abercorn.Ds. Sandys.
Epus. Cicestrien.Comes Marchmont.Ds. Mansfield.
Epus. Norvicen.Comes Dartmouth.Ds. Lyttelton.
Epus. Bangor.Comes Aylesford.Ds. Boston.
Epus. Litch. & Cov.Comes Pomfret.Ds. Camden.
Comes Ilchester.
Comes Radnor.
Viscount Montague.
Viscount Say & Sele.

PRAYERS.

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

Grant against Duff et al.

After hearing Counsel this Day upon the Petition and Appeal of Major General Francis Grant Colonel of the 63d Regiment of Foot, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 31st of January 1772; 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 Captain Robert Duff of Logic, Keith Urquhart of Mildrum, Alexander Stronoch of Knock, Ensign James Duff, James Duff Sheriff Clerk of Banff, and William Rose, put in to the said Appeal and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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 affirmed.

Welch Judges Salaries Bill.

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

With a Bill, intituled, “An Act for the further Augmentation of the Salaries of the Justices of Chester, and the Great Sessions for the Counties in Wales;” to which they desire the Concurrence of this House.

Richmond, Enfranchising Copyhold Lands in, &c. Bill.

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

With a Bill, intituled, “An Act for enabling their Majesties to enfranchise Copyhold Lands holden of the Manor of Richmond in the County of Surrey; and for enabling His Majesty to shut up a Lane leading from Richmond Green to the River Thames; and to sell and exchange certain Lands within the Manors of Richmond and Wimbleton;” to which they desire the Concurrence of this House.

Sutton Coldfield Common, &c. Road Bill.

A Message was brought from the House of Commons, by Sir (fn. 1) John Wrottesley and others:

With a Bill, intituled, “An Act to continue the Term, and vary the Powers of so much of an Act, made in the Twenty-first Year of the Reign of His late Majesty, for repairing the Road from Sutton Coldfield Common, and several other Roads therein described, in the County of Stafford, as relates to the Wolverhampton District of Roads; to which they desire the Concurrence of this House.

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

Message from H. C. to return Shelleys Bill.

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

To return, the Bill, intituled, “An Act to enable Trustees, with the Consent of the Persons claiming under the Will of Edward Shelley Esquire, to cut down and sell Timber upon the Settled Estates of the said Edward Shelley, in the County of Sussex, and to invest the Monies arising therefrom, in the Purchase of Lands and Hereditaments to be settled to the Uses of the said Will, and other Purposes;” and to acquaint this House, that they have agreed to the same, without any Amendment.

Heath Enclosure, &c. Bill.

A Message was brought from the House of Commons, by the Lord Wenman and others:

With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and Common and Waste Grounds, within the Manor and Parish of Heath, other wife Hethe, in the County of Oxford; and for exonerating certain Lands, belonging to Willam Fermor Esquire, from Tythes and Right of Common;” to which they desire the Concurrence of this House.

Ackworth 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 Common Fields, Commons, and Waste Lands, and a Stinted Pasture, called The Cow Pasture, in the Parish of Ackworth, in the County of York;” to which they desire the Concurrence of this House.

Astrop Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields and Commonable Lands, in the Liberties, Territories, and Precincts, of Astrop, in the Parishes of King Sutton and Newbottle, in the County of Northampton; ” to which they desire the Concurrence of this House.

Gumley Enclosure Bill.

A Message was brought from the House of Commons, by Sir Cecil Wray and others:

With a Bill, intituled, “An Act for dividing, allotting, and enclosing, the Open and Common Fields, in the Parish of Gumley, in the County of Leicester;” to which they desire the Concurrence of this House.

Terrington Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing, allotting, enclosing, and draining, the Open Fields, Common Pastures, and Moors or Commons, in the Township and Parish of Terrington, in the North Riding of the County of York;” to which they desire the Concurrence of this House.

Spurn Point Lighthouses Bill.

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

With a Bill, intituled, “An Act to explain and amend an Act, passed in the Sixth Year of the Reign of His present Majesty, intituled, “An Act for taking down and removing certain Lighthouses now standing near The Spurn Point, at the Mouth of The Humber; and for erecting other fit and convenient Lighthouses instead thereof;” to which they desire the Concurrence of this House.

Market Weighton Drainage, &c. Bill.

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

With a Bill, intituled, “An Act for draining and preserving certain Commons, Low Grounds, and Carrs, in the Parish of Market Weighton, and other adjacent Parishes in the East Riding of the County of York; and for making a navigable Cut or Canal from Maket Weighton to the River Humbert;” to which they desire the Concurrence of this House.

Fee Farm Rent to Mr. Stuart, Grant of, Bill.

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

With a Bill, intituled, “An Act to enable His Majesty to grant the Reversion or Remainder in Fee Simple, now vested in His Majesty, of and in an Annual or Fee Farm Rent of One hundred and thirteen Pounds, One of the several (fn. 2) Farm Rents granted to the Right Honourable Edward heretofore Earl of Sandwich by His late Majesty King Charles the Second, unto the Honourable James Archibald Stuart and his Heirs, upon a full and adequate Consideration to be given by him, or his Heirs, for the lame to which they desire the Concurrence of this House.

Insolvent Debtors in Scotland, &c, Bill.

A Message Was brought from the House of Commons, by the Lord Advocate for Scotland and others:

With a Bill, intituled, “An Act for rendering the Payment of the Creditors bf Insolvent Debtors more equal and expeditious; and for regulating the Diligence of the Law by Arrestment and Poinding; and for extending the Privilege of Bills to Promissory Notes; and for limiting Actions upon Bills and Promissory Notes, in that Part of Great Britain called Scotland;” to which they desire the Concurrence of this House.

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

Petition of Mr. Fenwick against Mrs. Fenwick, Bill.

Upon reading the Petition of Thomas Fenwick of Burrow Hall, in the County Palatine of Lancaster, Esquire; setting forth, “That the Petitioner is informed a Bill is depending before their Lordships, intituled, An Act to vest in Trustees certain Estates in the Counties of York, Westmorland, and Lancaster; which belonged to Ann Fenwick Widow before her Intermarriage; and for the Relief of the said Ann Fenick, in such Manner a in the said Act is mentioned;” that if the said Bill should pass into a Law, the Property of the Petitioner will be greatly prejudiced; and therefore praying their Lordships, That he may be heard, by himself or Counsel, against the said Bill; and that the same may not pass into a Law:”

It is Ordered, That the Petitioner be at Liberty to be heard by his Counsel at the Third Reading thereof, as desired; as may also Counsel be heard for the said Bill at the same Time.

Ordered, That the said Bill be read a Third Time on Monday next; and that the Lords be summoned.

Insolvent Debtors in Scotland, &c. Bill.

Ordered, That the Bill, intituled, “An Act for rendering the Payment of the Creditors of Insolvent Debtors more equal and expeditious; and for regulating the Diligence of, the Law by Arrestment and Poinding and for extending the Privilege of Bills to Promissory Notes; and for limiting Actions upon Bills and Promissory Notes, in that Part of Great Britain called Scotland,” be printed.

Indemnity Bill.

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

With a Bill, intituled, “An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments, and to indemnify Justices of the Peace, or others who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time tor those Purposes; and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whole Admissions have been omitted to be stamped according to Law, or, having been stamped, have been lost or mislaid; and for allowing them Time to provide Admissions duly stamped; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Collier’s Divorce Bill.

A Message Was brought from the House of Commons, by Mr. Harry Fane and others:

To return the Bill, intituled, “An Act to dissolve the Marriage of George Collier Esquire with Christiana Gwynn his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;” and to acquaint this House, that they have agreed to the same, without any Amendment.

Ramsgate Harbour Bill, Witnesses to attend.

Ordered, That George Goodwin, Edward Bayley, William Lilloford, William Ansell, Daniel Wood, and John Goodwin, do attend this House on Monday next, in order to be examined, as Witnesses, upon the Second Reading of the Bill, intituled, “An Act to explain and amend an Act, made in the Twenty-second Year of the Reign of King George the Second, for enlarging and maintaining the Harbour of Ramsgate and for cleansing, amending, and preserving the Haven of Sandwich.”

Baldwyn’s Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for vesting the Manors, Lands, and Tenements, both Freehold and Leasehold, comprised in the Marriage Settlement of Charles Baldwyn Esquire, in Trustees, to be sold, and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the same Uses which are now subsisting with regard to the said Freehold Settled Estate,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.”

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Pearce’s Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, “An Act for vesting Part of the Estates late of Elizabeth Pearce Widow deceased, and William Hall Esquire, otherwise Pearce her eldest Son, in Trustees, to be sold for Payment of the Portions of her younger Children, and other Incumbrances, and for settling other Part of her Estates to the same Uses; and for other Purposes,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.”

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Barbor’s Bill.

Ordered, That the Committee, to whom the Bill, intituled, “An Act for re-investing divers Manors, Messuages, Lands, Tenements, and Hereditaments, situate and being in the County of Stafford, late the Estate of Robert Barbor Esquire deceased, in the several Persons now in being, and for such Estates as they are severally entitled, under the Will of the said Robert Barbor; and for enabling James Mayo and Charles Mayo to join in such Conveyances as shall be necessary for those Purposes,” stands committed, be revived, and meet on Friday Sevennight.

Lloyd’s Bill.

Ordered, That the Committee, to whom the Bill, intituled, “An Act to vest in Walter Lloyd Esquire and others, a small Quantity of Ground, Parcel of the Glebe of the Rectory of Manerdivy, in the County of Pembroke, in Consideration of a certain Yearly Rent thereby secured; and for other Purposes therein mentioned,” stands committed, be revived, and meet on Friday Sevennight.

Batson’s Bill.

Ordered, That the Committee, to whom the Bill, intituled, “An Act to empower James Batson and Edward Buckley Batson Esquires, Testamentary Guardians ot the Person and Estate of Edward Pery Buckley an Infant, to grant Leases of the Estate of Pery Buckley Esquire deceased,” stands committed, be revived, and meet on Friday Sevennights

Basset’s Bill.

Ordered, That the Committee, to whom the Bill, intituled, “An Act to vest in the Trustees named in the Will of Francis Basset Esquire deceased, such Powers of leasing and granting Setts of and on the Estates comprised in the Settlement made upon the Marriage of John Pendarves Basset Esquire deceased, as by the said Settlement were given to the Trustees therein named,” stands committed, be revived, and meet To-morrow.

Smith’s Chantry Bill.

Ordered, That the Committee, to whom the Bill, intituled, “An Act to enable the Trustees of the Estate of Henry Smith Esquire deceased, to apply certain Sums ot Money to the Relief of his poor Kindred, and to enable the said Trustees to grant building Leases of an Estate in the Parishes of Kensington, Chelsea, and Saint Martin in the Fields, in the County of Middlesex,” stands committed, be revived, and meet on Wednesday, next.

Alexander against Montgomery and Co. hearing ex-parte.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Robert Alexander Merchant in Edinburgh is Appellant, and James Montgomery and Company 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, ex-parte, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondents put in their Answer in the mean Time.

Besseleigh &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to explain and amend an Act ot the Eleventh Year of the Reign of His present Majesty, for amending and widening the Road from Besselsleigh, through Wantage, to Hungerford, in the County of Berks; and from Wantage to Marlborough, in the County of Wilts; and from the Turnpike Road between Reading and Wallingford, through Halfpenny Lane, to the Old Red House upon Wantage Downs; and from thence to Lambourn, in the said County of Berks.”

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

D. Portland.L. Abp. Canterbury.L. Abergavenny.
E. Westmorland.L. Bp. London.L. Willoughby Par.
E. Strathmore.L. Bp. Ely.L. Romney.
E. Abercorn.L. Bp. Worcester.L. Sandys.
E. Marchmont.L. Bp. Chichester.L. Mansfield.
E. Dartmouth.L. Bp. Norwich.L. Lyttelton.
E. Aylesford.L. Bp. Bangor.L. Boston.
E. Pomfret.L. Bp. Litch. & Cov.L. Camden.
E. Ilchester.
E. Radnor.
V. Montague.
V. Say & Sele.

Their Lordships, or any Five of them, to meet on Tuesday the 12th Day of May next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers and to adjourn as they please.

Stoke Prior Enclosure Bil.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Commons and Waste Grounds, within the Parish and Manor of Stoke Prior, in the County of Worcester.”

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.

Pulteney’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for giving further Powers to the Trustees named in a certain Act of Parliament, made in the Ninth Year of the Reign of His present Majesty, intituled, “An Act to empower the Trustees of the Will of the late General Pulteney, and other Trustees appointed by this Act, to purchase and exchange Lands and Grounds, in the Manor of Bathwick, in the County of Somerset, for the Purpose of making certain Roads and Ways to and from a Free Bridge by them intended to be built over the River Avon, in the said County; and also to empower the Persons in Possession of the said Estate for the Time being under the said Will, to grant Leases of certain Lands and Houses in the said Manor; and likewise to enable the said Trustees to grant certain Grounds and Springs of Water, within the said Manor of Bathwick, to the Mayor, Aldermen, and Citizens, of Bath; and for extending the Jurisdiction of the said Mayor, Aldermen, and Citizens, over Part of the said Manor of Bathwick; and for other Purposes therein mentioned,” and for enlarging the Powers of Leasing given by the said Act to the Persons therein named; and for other Purposes.”

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 Friday the 15th Day of May next, at the usual Time and Place and to adjourn as they please.

St. Martin in the Fields Workhouse Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to amend an Act, of the Tenth Year of the Reign of His present Majesty, for building a Workhouse in the Parish of Saint Martin in the Fields, within the City of Westminster, in the County of Middlesex.

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

Richmond Church Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for completing a Building intended for a new Church or Chapel, at Richmond, near Everton, in the Country Palatine of Lancaster; and for other Purposes.”

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.

Would Newton Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields, Common Pastures, and other unenclosed Grounds, within the Township of Would Newton, in the East Riding of the County of York,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Old Street Road Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, “An Act for enlarging the Term and Powers of Two Acts, made in the Twenty-sixth and Twenty-ninth Years of the Reign of His late Majesty King George the Second, for repairing and widening Old Street Road, in the Parishes of Saint Luke and Saint Leonard Shoreditch, in the 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.”

Downham Market, &c. Road Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for repairing and widening the Road leading from the East End of the Bridge across the River Ouze, in Downham Market, to The Queen’s Head; and from The Chequer Inn, in Downham Market aforesaid, to the East End of the Two Mile Close, in the Parish of Barton, and towards Watton, to a Place called The Devil’s Ditch, in the County of Norfolk and for stopping up the Road leading from Stradset, through Barton Layes, towards Watton,” was committed.

Petition of Poul Pourtales and Muller for a Nat. Bill:

Upon reading the Petition of Paul Pourtales and Francis Gabriel Charles Muller; praying Leave to bring in a Bill for their Naturalization:

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 for naturalizing Paul Pourtales and Francis Gabriel Charles Muller.”

The said Bill was read the First Time.

>Cusack et Ux. against Gilbert.

The House being informed, “That Ford Gilbert, Respondent to the Appeal of James Cusack and Elizabeth his Wife, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon, An Affidavit of Ignatius Cusack of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Rose against Pemberton and Morrison:

Upon reading the Petition of Richard Pemberton and John Morrison, Defendants in a Writ of Error depending in this House, wherein John Rose is Plaintiff; settling forth, “That the Plaintiff has not assigned Errors within the Time ordered by the House;” and therefore praying, “That the said Writ of Error may be non pros’d, with such Costs, as to their Lordships shall seem meet:”

Writ of Error nonpros’d, 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 King’s 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 Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for (fn. 3) their Costs, by Reason of the Delay of the Execution of the said Judgement.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Maii, jam, prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Orgin Richard. Vide Journals of H. C. Vol. 33. P. 714. b.
2 In every other Entry it is Fee-Farm Rents. Vide Journals of H. C. Vol 33. P. 704. b.
3 Orgin. his.