House of Lords Journal Volume 33
December 1770, 21-31

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History of Parliament Trust

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1767-1830

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35-37

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'House of Lords Journal Volume 33: December 1770, 21-31', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 35-37. URL: http://british-history.ac.uk/report.aspx?compid=113539 Date accessed: 29 July 2014.


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Die Veneris, 21o Decembris 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.Comes Gower, Præses.Ds. Willoughby Pr.
Epus. Norvicen.Dux Athol.Ds. Sandys.
Epus. Lincoln.Comes Denbigh.Ds. Mansfield.
Comes Doncaster.Ds. Boston.
Comes Abercorn.
Comes Marchmont.
Viscount Weymouth.

PRAYERS.

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

To enable Mr. Fitz Roy to shut up Foot-paths, Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, “An Act to impower Charles Fitz Roy Esquire, to shut up certain Foot-paths in the Parish of Saint Pancras, alias Kentish Town, in the County of Middlesex, and to oblige him to make and keep in Repair for the future a Foot-path in lieu thereof,” 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.”

Land Tax Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-one.”

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

It was resolved in the Affirmative.

Mutiny Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.”

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

It was resolved in the Affirmative.

Marine Mutiny Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

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

It was resolved in the Affirmatives

To enable Mr. Fitz Roy to shut up Foot-paths, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act to impower Charles Fitz Roy Esquire, to shut up certain Foot-paths in the Parish of Saint Pancras, alias Kentish Town, in the County of Middlesex, and to oblige him to make and keep in Repair for the future a Foot-path in lieu thereof.”

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 Four preceding Bills.

A Message was sent to the House of Commons, by Mr. Browning and Mr. Cuddon:

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

Viscountess Dowager Midleton and others Petition referred to Judges.

Upon reading the Petition of the Right Honourable Albinia Viscountess Dowager Midleton, the Honourable Thomas Townshend her Father, the Right Honourable Thomas Townshend the younger, and Charles Townshend her Brothers, praying Leave to bring in a Bill for the Purposes in the said Petition 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 Perrott, 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 perused the Bill, do sign the same.

Bills passed by Commission.

The Lord Mansfield acquainted the House, “That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament.”

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Mansfield in the Middle, with the Lord President on his Right Hand, and the Earl of Marchmont on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, “The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read.”

Who being come with their Speaker;

The Lord Mansfield said,

My Lords, and Gentlemen of the House of Commons,

“His Majesty, hot thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned, and bv the said Commission hath commanded Us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read.”

Then the said Commission was read by the Clerk as follows:

George R.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burshs, of the House of Commons, in this Present Parliament assembled, Greeting. Whereas We, have seen and perfectly understood divers and sundry Adls agreed and accorded on by you Our Loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our Present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter, do particularly ensue; (that is to say,) “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-one.” “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.” “An Act for the Regulation of His Majesty’s Marine Forces, while on Shore.” “An Act to continue for a further Time an Adl made in the Eighth Year of His Present Majesty’s Reign, intituled, “An Act to continue and amend an Act made in the Fifth Year of the Reign of His Present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland for a limited Time, and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America for a limited Time.” “An Act for the better paving, repairing, cleansing, lighting, and watching the Streets and other publick Passages within the City of Winchester, and also within the several Parishes of Saint Bartholomew Hyde, Saint John’s in the Soke, Saint Peter’s Cheesehill, Saint Swithin, and Saint Michael in the West Soke, in the Suburbs of the said City, and for preventing Nuisances and Annoyances therein; and for widening and rendering the same more commodious.” “An Act to impower Charles Fitz, Roy Esquire, to shut up certain Foot-paths in the Parish of Saint Pancras, alias Kentish Town, in the County of Middlesex, and to oblige him to make and keep in Repair for the future a Foot-path in lieu thereof.” An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Slipton in the County of Northampton.” “An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, Carrs, and other unenclosed Grounds within the several Townships of Lockington and Ayke in the East Riding of the County of York, and for extinguishing the Right of Common or Average upon certain ancient Enclosures within the said Township of Lockington.” “An Act for naturalizing Gerard Portman.” And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our Present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations We cannot conveniently at this Time be Present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons; We have therefore caused these Our Letters. Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts and every Article, Clause, Sentence, and Provision therein contained from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally Present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same; and We do by these Presents declare and notify the same Our Royal Assent, as well to You the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Trusty and Well-beloved Sir Sidney Stafford Smythe Knight, One of the Barons of Our Court of Exchequer; Henry Bathurst Esquire, One of the Justices of Our Court of Common Pleas; and Sir Richard Aston Knight, One of the Justices of Our Court of King’s Bench; Commissioners for the Custody of Our Great Seal of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor Frederick Archbishop of Canterbury, Primate and Metropolitan of all England, Our Right Trusty and Right Well-beloved Cousins and Counsellors, Granville Earl Gower, President of Our Council; George Dunk Earl of Halifax, Keeper of Our Privy Seal; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augustus Henry Duke of Grafton, Thomas Duke of Leeds, John Duke of Rutland Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; Our Right Trusty and Right Well-beloved Cousins and Counsellors, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; John Earl of Sandwich, Robert Earl of Holdernesse, William Henry Earl of Rochford, One of Our principal Secretaries of State, Hugh Earl of Marchmont, George William Earl Bristol; Thomas Viscount Weymouth, and Our Right Trusty and Well-beloved Counsellors Wills Lord Harwich, One other of Our Principal Secretaries of State, and William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, or any Three or more of them to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words in Our Name as is requisite, and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf. And finally, We do declare and will that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

Witness Ourself, at Westminster the Twenty-first Day of December, in the Eleventh Year of Our Reign.

By the King Himself, signed with His own Hand.

“Yorke.”

Then the Lord Mansfield said,

“In obedience to his Majesty’s Commands, and by virtue, of the Commission which has been now read, We do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words.”

Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, Severally, as follow:

“1. An Act for granting an Aid to His Majesty by a Land-Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-one.”

To this Bill the Royal Assent was pronounced by the Clerk Assistant in these Words; (videlicet,)

“Le Roy remercie ses bons Sujets; accepte leur Benevolence, et ainsi le veult”

“2. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.”

“3. An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

“4. An Act to continue, For a further Time, an Act made in the Eighth Year of His Present Majesty’s Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of the Reign of His Present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.”

“5. An Act for the better paving, repairing, cleansing, lighting, and watching the Streets and other publick Passages within the City of Winchester, and also within the several Parishes of Saint Bartholomew Hyde, Saint John’s in the Soke, Saint Peter’s Cheesebill, Saint Swithin, and Saint Michael in the West Soke; in the Suburbs of the said City, and for preventing Nuisances and Annoyances therein; and for widening and rendering the same more commodious:”

“6. An Act to impower Charles Fitz Roy Esquire to shut up certain Foot-paths in the Parish of Saint Pancras, alias Kentish Town, in the County of Middlesex, and to oblige him to make and keep in Repair for the future a Foot-path in lieu thereof.”

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant in these Words; (videlicet,)

“if Le Roy le veult.”

“7. An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Slipton in the County of Northampton.

“8. An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, Carrs, and other unenclosed Grounds, within the several Townships of Lockington and Ayke, in the East Riding of the County of York; and for extinguishing Thirtieth Right of Common or Average Upon certain ancient Enclosures within the said Township of Lockington.

“9. An Act for naturalizing Gerard Portman.

To these Bills the Royal Assent was pronounced, everally, by the Clerk Assistant in these Words; (videlicet,)

“Soit fait comme il est desire.”

Then the Commons withdrew.

Moved, “to adjourn to Tuesday the 22d Day of January next.”

Accordingly;

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem Januarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.