House of Lords Journal Volume 31
April 1767, 21-30

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History of Parliament Trust

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1767-1830

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577-580

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'House of Lords Journal Volume 31: April 1767, 21-30', Journal of the House of Lords volume 31: 1765-1767 (1767-1830), pp. 577-580. URL: http://british-history.ac.uk/report.aspx?compid=113277 Date accessed: 24 July 2014.


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Die Martis, 28o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresin. Ds. Camden, Cancellarius.
Epus. Winton. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Bath. & Wells. Dux Grafton.
Epus. Roffen. Dux Athol. Ds. Botetourt.
Epus. Litch & Cov. Dux Ancaster, Magnus Camerarius. Ds. Willoughby Par.
Epus. Cicestrien. Ds. Berkeley Str.
Epus. Asaphen. Dux Dorset. Ds. Cathcart.
Epus. Bangor. Ds. Marsham.
Epus. Lincoln. March. Rockingham. Ds. Bathurst.
Epus. Petriburg. Ds. Ducie.
Epus. Meneven. Comes Denbigh. Ds. Monson.
Comes Litchfield. Ds. Sandys.
Comes Scarbrough. Ds. Ravensworth.
Comes Cholmondeley. Ds. Walpole.
Comes Breadalbane. Ds. Mansfield.
Comes Marchmont. Ds. Grantham.
Comes Oxford. Ds. Boston.
Comes Ilchester. Ds. Lovel & Holl’d.
Comes Delawar. Ds. Digby.
Comes Radnor. Ds. Sundridge.
Viscount Say & Sele.
Viscount Falmouth.

PRAYERS.

Goebell takes the Oaths.

Gerard Goebell took the Oaths appointed, in order to his Naturalization.

Phipps’ Bill.

A Message was brought from the House of Commons, by Mr. Thomas Townshend and Others:

With a Bill, intituled, “An Act to enable His Majesty to grant the Inheritance in Fee Simple of divers Manors, Lands, and Hereditaments, in the County of York, demised to Constantine Phipps Esquire by Letters Patent under the Seal of His Majesty’s Court of Exchequer, unto the said Constantine Phipps and Constantine John Phipps his Eldest Son, upon a full and adequate Consideration to be paid for the same;” which they desire the Concurrence of this House.

Codbeck Brook to Thirsk, Navigation, Bill.

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

With a Bill, intituled, “An Act for making navigable a Brook called Codbeck, from the River Swale to the Borough of Thirsk, in the County of York;” to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Manby’s Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, “An Act for vesting divers Messuages, Lands, and Hereditaments, in the County of Norfolk, devised by the Wills of John Woodcock and Mary Platfoot deceased, in Mathew Pepper Manby and his Heirs; and for settling other Lands and Hereditaments in the same County, in Lieu thereof, to the Uses therein mentioned,” 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.”

Ordered, That the said Bill be engrossed.

Becke’s Bill.

The Earl of Marchmont made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for exonerating Part of the Estate late of Thomas Becke Gentleman deceased, charged with an Annuity, or clear Yearly Rent, of One Hundred Pounds, of and from the Payment of the said Rent; and for substituting, and making liable to the Payment there of, other Part of the Estate of the said Thomas Becke, of equal Value,” was committed.

Ordered, That the said Bill be engrossed.

Arthingworth Common, Bill.

The Lord Botetourt made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Grounds, in the Manor and Parish of Arthingworth, in the County of Northampton,” was committed.

Pitt’s Exchange of Lands, Bill.

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for carrying into Execution certain Articles of Agreement, entered into by George Pitt Esquire and his Tenants of the Manor of Kingston and John Pitt Esquire, and by the said George Pitt and John Pitt, for the Exchange of Lands in Purbeck, in the County of Dorset,” was committed.

Carlisle Road, Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, “An Act for repairing and widening the Road front Shaddon Gate near Carlisle, to the present Turnpike Road at Mulaside; and from a Place in the said Turnpike Road, between Binsey Mires and North Raw Gate, to join the Turnpike Road at Skilbeck, in the County of Cumberland,” 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.”

Barkwith Common, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Open Common Fields and Meadows, in the Parish of East Barkwith, in the County of Lincoln.”

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

D. Grafton. Ld. Bp. Durham.
D. Athol. L. Bp. Rochester. L. Botetourt.
D. Dorset. L. Bp. Litch.& Cov. L. Willoughby Par.
L. Cathcart.
M. Rockingham. L. Bp. Lincoln. L. Sandys.
L. Grantham.
E. Denbigh. L. Boston.
E. Litchfield. L. Lovel & Holland.
E. Scarbrough.
E. Breadalbane.
E. Marchmont.
E. Oxford.
E. Delawar.
V. Say & Sele.
V Falmouth.

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

Shoreditch, Bethnall Green, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enlarge the Term and Powers of an Act made in the Twenty-ninth Year of King George the Second, for making a Road from the East: Side of the Parish of Saint Mathew Bethnal Green in the County of Middlesex, to the East: End of Church Street, and to open a Way into Shoreditch; and for repairing, paving, and regulating, Old Cock Lane, New Cock Lane, Church Street, and the Rood on the West Side of the Opening into Shoreditch; and for removing Nuisances and Obstructions therefrom, and preventing the same for the future.”

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 Sevennight, at the usual Time and Place; and to adjourn as they please.

Hensingham Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons within the Manor of Hensingham, in the County of Cumberland.”

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

Reagill Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons in the Manor of Reagill, in the County of Westmorland.”

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 same Day, at the same Place; and to adjourn as they please.

Moyle to take the Name of Copley, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable Joseph Copley Esquire, lately called Joseph Moyle, and his Issue, to take, use, and bear, the Surname and Arms of Copley, pursuant to the Will of Lionel Copley Esquire, deceased.”

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.

Edinburgh Playhouse, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for extending the Royalty of the City of Edinburgh over certain adjoining Lands; and for giving Powers to the Magistrates of Edinburgh, for the Benefit of the said City; and to enable His Majesty to grant Letters Patent for establishing a Theatre in the City of Edinburgh, or Suburbs thereof.”

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 same Day, at the same Place; and to adjourn as they please.

Shap Common, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons in the Manor of Shap, in the County of Westmorland.”

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

Distington Common, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common within the Manor of Distington, in the County of Cumberland.”

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 same Day, at the same Place; and to adjourn as they please.

Goebell’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Gerrard Goebell.”

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.

Chatteris Ferry to Wisebech, &c Road, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to amend an Act made in the Fifth Year of His present Majesty, for amending the Road from Chatteris Ferry, through Chatteris and March, to Wisbech Saint Peter’s, and from thence to Tide Gate in the Isle of Ely, and from Wisbech aforesaid, through Outwell, to Downham Bridge, in the County of Norfolk; and for repealing the several Acts for repairing the said Road between Wisbech and March; and also for charging certain Lands in Waldersea, and on Wisbech South Side, towards the Repairs of the Waldersea and South Side Banks, which before the passing of the said Acts were liable to such Repairs.”

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 the 5th Day of May next, at the usual Time and Place; and to adjourn as they please.

Lambert against Rolliston; Petition to put off the Hearing rejected.

A Petition of Thomas Lambert Esquire, Appellant in a Cause depending in this House, which stands appointed for Hearing on Friday next, was presented, and read; setting forth, “That the Petitioner’s Solicitor, being in England, attending a Cause, of French and Blake, before the House, the Petitioner could not send over the Papers and Proceedings in this Cause to his Agent here Time enough to enable him to prepare for the Hearing;” and therefore praying, “That the Hearing of this Cause may be put off till after the Causes already appointed.”

Then it was moved, “That the Petition of Appeal might be read.”

The same was accordingly read by the Clerk.

Which done;

Ordered, That the said Petition be rejected.

Heaton to enter into Recognizance for the E. of Darnley & al.

The House being moved, “That John Heaton of Threadneedle Street, London, may be permitted to enter into a Recognizance for John Earl of Darnley and others, on account of their Appeal depending in this House; they living in Ireland:”

It is Ordered, That the said John Heaton may enter into a Recognizance for the said Appellants, as desired.

The House being informed, “That some of the Commissioners of His Majesty’s Excise attended, as ordered:”

They were called in; and examined, at the Bar, in relation to the Decrease of the Duties granted by an Act of the 29th Year of His late Majesty upon Silver Plate.

And being withdrawn:

Ordered, That the Commissioners of His Majesty’s Excise do write circular Letters to all such Persons whom they have Reason to suspect to have Plate, as also to those who have not paid regularly the Duty on the same; and lay before this House, on the First Day of the next Session of Parliament, the Names of those Persons to whom such Letters have gone, specifying those who have, and those who have not, complied with the Requisition of such Letters.

Hartwell against Townshend: Pleadings proved.

The House being informed, “That Charles Farran attended, in order to deliver in Copies of Pleadings and Proceedings, in a Cause depending in this House, wherein Roderick Hartwell is Appellant, and Richard Townsend Clerk and others are Respondents:”

He was called in, and delivered the same at the Bar; and attested upon Oath, “They were true Copies; he having examined them with the Originals in the proper Offices in Ireland.”

And then he withdrew

Tenterden to Bull Green &c. Road, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for repairing and widening the Road leading from the Turnpike Road in the Town of Tenterden to and over Bull Green, and to and through the Town of Great Chart to a House known by the Sign of The Castle, at the Entrance of the Town of Ashford, in the County of Kent; and also the Road leading from Bull Green aforesaid to Hothfield Heath, and also the Road leading from Bull Green aforesaid, through High Halden, to Dashmanden, in the Parish of Biddenden, in the said County of Kent.”

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus

Die Mercurii, 29o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm. Ds. Camden, Cancellarius.
Epus. Eliens. Ds. Botetourt.
Epus. Bath & Wells. Dux Dorset. Ds. Willoughby Par.
Epus. Litch. & Cov. Ds. Cathcart.
Epus. Cestrien. Comes Abingdon. Ds. Trevor.
Epus. Lincoln. Comes Poulett. Ds. Masham.
Comes Marchmont. Ds. Chedworth.
Comes Effingham. Ds. Sandys.
Comes Buckinghamshire. Ds. Grantham.
Ds. Boston.

PRAYERS.

Tenterden to Bull Green &c. Road, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, “An Act for repairing and widening the Road leading from the Turnpike Road in the Town of Tenterden to and over Bull Green, and to and through the Town of Great Chart, to a House known by the Sign of The Castle at the Entrance of the Town of Ashford, in the County of Kent; and also the Road leading from Bull Green aforesaid to Hatfield Heath; and also the Road leading from Bull Green aforesaid through High Halden to Dashmanden, in the Parish of Biddenden, in the said County of Kent,” 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.”

Codbeck Brook to Thirske, Navigation, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for making navigable a Brook called Codbeck, from the River Swale to the Borough of Thirske, in the County of York.”

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

D. Dorset.
Ld. Bp. Durham. L. Botetourt.
E. Abingdon. L. Bp. Ely. L. Willoughby Par.
E. Poulett. L. Bp. Bath & Wells. L. Cathcart.
E. Marchmont. L. Masham.
E. Effingham. L. Bp. Litch. & Cov. L. Sandys.
E. Buckinghamshire. L. Boston.
L. Bp. Lincoln.

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

Phipps’ Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable His Majesty to grant the Inheritance in Fee Simple of divers Manors, Lands, Hereditaments, in the County of York, demised to Constantine Phipps Esquire by Letters Patent under the Seal of His Majesty’s Court of Exchequer, unto the said Constantine Phipps and Constantine John Phipps his Eldest Son, upon a full and adequate Consideration to be paid for the same.”

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.

Becke’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for exonerating Part of the Estate late of Thomas Becke Gentleman deceased, charged with an Annuity, or clear Yearly Rent, of One Hundred Pounds, of and from the Payment of the said Rent; and for substituting, and making liable to the Payment thereof, other Part of the Estate of the said Thomas Becke, of equal Value.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Manby’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting divers Messuages, Lands, and Hereditaments, in the County of Norfolk, devised by the Wills of John Woodcock and Mary Platfoot deceased, in Mathew Pepper Manby and his Heirs; and for settling other Lands and Hereditaments in the same County, in Lieu thereof, to the Uses therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C. the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Lane and Mr. Edwards:

To carry down the said Bills, and desire their Concurrence thereto.

Carlisle Road, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for repairing and widening the Road from Shaddon Gate, near Carlisle, to the present Turnpike Road at Mulaside, and from a Place in the said Turnpike Road, between Binsey Mires and North Raw Gate, to join the Turnpike Road at Skilbeck, in the County of Cumberland.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Arthingworth Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Grounds, in the Manor and Parish of Arthingworth, in the County of Northampton.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Pitt’s Exchange of Lands, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for carrying into Execution certain Articles of Agreement, entered into by George Pitt Esquire and his Tenants of the Manor of Kingston and John Pitt Esquire, and by the said George Pitt and John Pitt, for the Exchange of Lands in Purbeck, in the County of Dorset.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the proceedings Bills.

A Message was sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Causes put off.

Ordered, That the Cause which stands for To-morrow be put off till Friday next.

Hearing of Causes limited.

Ordered, That this House will hear no more Causes, during this Session of Parliament, after that wherein Noah Webb Esquire is Appellant, and Shapland Carew and others are Respondents.

Dr. Saunders and Roycroft’s Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, “An Act for confirming a Partition, between the Reverend Erasmus Saunders Doctor in Divinity and Mary his Wife, and Samuel Roycroft the Younger Esquire and Ann his Wife, of several Estates in the County of Lincoln; and for vesting and settling the same to the Uses, and on the Trusts, contained in their respective Marriage Settlements, with respect to such Estates; and for other the Purposes therein mentioned,” 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 some 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.

E. of Radnor’s Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, “An Act for vesting several Lands and Tenements, settled and entailed upon William Earl of Radnor and his Issue by the Wills of Jacob late Viscount Folkestone and Sir Edward des Bouverie Baronet deceased, in Trustees, to be sold; and for purchasing and settling other Lands and Hereditaments, in Lieu thereof; and to empower the Tenants for Life to make such Leases as are therein mentioned,” 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 One Amendment thereto.”

Which Amendment, being read Twice by die Clerk, was disagreed to by the House.

And an Amendment being proposed to be made to the said Bill, instead of that disagreed to; the same was read Three Times by the Clerk, and agreed to by the House.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, primum diem Maii jam prox. sequen hora undecima Auroræ, Dominis sic decernentibus.