House of Lords Journal Volume 36
May 1783 11-20

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History of Parliament Trust

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1767-1830

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673-680

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'House of Lords Journal Volume 36: May 1783 11-20', Journal of the House of Lords volume 36: 1779-1783 (1767-1830), pp. 673-680. URL: http://british-history.ac.uk/report.aspx?compid=116728 Date accessed: 26 November 2014.


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May 1783 11-20

DIE Lunæ, 12o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Roffen.
Epus. Lincoln.
Epus. Meneven.
Epus. Bristol.
Epus. Landaven.
Dux Cumberland.
Viscount Stormont, Præses.
Dux Richmond.
Dux Beaufort.
Dux Portland.
Comes Denbigh.
Comes Westmorland.
Comes Stamford.
Comes Sandwich.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Marchmont.
Comes Ferrers.
Comes Gower.
Comes De la Warr.
Comes Radnor.
Comes Bathurst.
Comes Clarendon.
Comes Mansfield.
Viscount Hereford.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.
Viscount Sackville.
Viscount Howe.
Ds. Say & Sele.
Ds. Onslow & Cranley.
Ds. Montfort.
Ds. Chedworth.
Ds. Sandys.
Ds. Scarsdale.
Ds. Beaulieu.
Ds. Amherst.
Ds. Brownlow.
Ds. Thurlow.
Ds. Loughborough.
Ds. Walsingham.
Ds. Bagot.
Ds. Rawdon.
Ds. Sydney.

PRAYERS.

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

Hodgson and Donaldson against Bushby:

After hearing Counsel this Day upon the Petition and Appeal of Messieurs Hodgson and Donaldson, Merchants in London, complaining of Two Interlocutors of the Lords of Session in Scotland of the 19th of July and 3d of December 1782; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Thomas Bushby Esquire put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be and the same are hereby reversed; and it is further Ordered and Adjudged, that the Interlocutor of the Lord Ordinary there of the 3d of July 1781, be and the same is hereby affirmed.

Williams's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to vest in Trustees and their Heirs, certain Estates of John Hanbury Williams Esquire, situate in the County of Monmouth, in order to be sold, and the Purchase Money applied upon the Trusts and for the Purposes in the said Act mentioned."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Hett and Mr. Thomson:

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

Lambeth Poor Bill, Witnesses to attend.

Ordered, That Thomas Swabey Vestry Clerk of the Parish of Saint Mary, Lambeth, and John Middleton Collector of the Rector's Tythes, do attend the Committee appointed to consider the Bill, intituled, "An Act for ascertaining and collecting the Poor's Rate, and for better regulating the Poor in the Parish of Saint Mary, Lambeth, in the County of Surrey; and for other Purposes therein mentioned," To-morrow, and bring with them the Books of the Poor's Rates and Minute Books of the said Parish, from January 1782 to the present Time; and also the Rector's Tythe Book for the Three Years last past.

Gordon against Tait:

Upon reading the Petition of Alexander Gordon Esquire Appellant in a Cause depending in this House, to which John Tait Esquire is Respondent; setting forth, "That the Appellant presented his Appeal to their Lordships from certain Interlocutors of the Court of Session in Scotland, but is now advised to withdraw the same;" and therefore praying their Lordships will be pleased to allow the Petitioner to withdraw his said Appeal without Costs, the Agent for the Respondent having signed the said Petition, as consenting thereto:

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal without Costs, as desired.

Wale and Pemberton for a Naturalization Bill:

Upon reading the Petition of Margaretta Wale and Mary Pemberton the Wife of the Reverend Thomas Pemberton, 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 presented.

Accordingly, The Lord Scarsdale presented to the House a Bill, intituled, "An Act for naturalizing Margaretta Phillipina Wale and Mary Pemberton."

The said Bill was read the First Time.

Bills passed by Commission.

The Earl of 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 Earl of Mansfield in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Lord President on his Left, commanded the Yeoman 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 Earl of Mansfield said,

My Lords, and Gentlemen of the House of Commons,

His Majesty not 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 by 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 Burghs of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen and perfectly understood divers and sundry Acts 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 preventing certain Instruments from being required from Ships belonging to the United States of America; and to give to His Majesty for a limited Time certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States." "An Act for defraying the Charge of the Pay of the Militia, and of the Cloathing for the Serjeants and Drummers of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and eighty-three." "An Act for amending and rendering more effectual an Act made in the Fifteenth Year of the Reign of His present Majesty, intituled, "An Act for building a Workhouse, and for the better Relief and Employment of the Poor within the Parish of Saint James, Clerkenwell, in the County of Middlesex." "An Act for empowering Nigel Bowyer Gresley Esquire to lease Part of his settled Estates in Staffordshire, pursuant to an Agreement entered into with George Parker and others, Iron Masters; and also to grant Leases of Lands and Mines within the same Estates." 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 thenceforth 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 right trusty and well-beloved Counsellor Alexander Lord Loughborongh, Chief Justice of Our Court of Common Pleas, and Our trusty and well-beloved Sir William Henry Ashurst Knight, One of Our Justices assigned to hold Pleas before Us, and Sir Beaumont Hotham Knight, One of the Barons of Our Court of Exchequer, Our 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 John Archbishop of Canterbury, Primate and Metropolitan of all England; Our right trusty and well-beloved Cousin and Counsellor David Viscount Stormont, President of Our Council; Our right trusty and rightwell-beloved Cousin and Counsellor Frederick Earl of Carlisle, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors William Henry Duke of Portland; Hugh Duke of Northumberland; George Duke of Montagu; Our right trusty and right well-beloved Cousins and Counsellors William Earl of Dartmouth, Steward of Our Household; Francis Earl of Hertford, Chamberlain of Our Household; William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our right trusty and well-beloved Cousins and Counsellors, Thomas Viscount Weymouth, and Augustus Viscount Keppel, and the said Alexander Lord Loughborough, 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 Twelfth Day of May, in the Twenty-third Year of Our Reign.

By the King Himself, signed with His own Hand.

"Yorke."

Then the Earl of 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."

1. "An Act for preventing certain Instruments from being required from Ships belonging to the United States of America; and to give to His Majesty for a limited Time certain Powers for the better carrying on Trade and Commerce between the Subjects of His Majesty's Dominions and the Inhabitants of the said United States."

2. "An Act for defraying the Charge of the Pay of the Militia, and of the Cloathing for the Serjeants and Drummers of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and eighty-three."

3. "An Act for amending and rendering more effectual an Act made in the Fifteenth Year of the Reign of His present Majesty, intituled, "An Act for building a Workhouse, and for the better Relief and Employment of the Poor within the Parish of Saint James, Clerkenwell, in the County of Middlesex."

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

"Le Roy le veult."

4. "An Act for empowering Nigel Bowyer Gresley Esquire to lease Part of his settled Estates in Staffordshire, pursuant to an Agreement entered into with George Parker and others, Ironmasters; and also to grant Leases of Lands and Mines within the same Estates."

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

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Lambeth Poor Bill, Petition against.

Upon reading the Petition of several of the Inhabitants of the Parish of Saint Mary, Lambeth, in the County of Surrey, who have not signed the Petition lately presented against the Bill for regulating the Poor of the said Parish, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for ascertaining and collecting the Poor's Rate, and for better regulating the Poor in the Parish of Saint Mary, Lambeth, in the County of Surrey; and for other Purposes therein mentioned;" and praying their Lordships, "That the said Bill may not pass into a Law:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed.

Kingsomborn Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, in the Manor and Parish of Kingsomborn, in the County of Southampton."

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

Ld. President.
D. Richmond.
D. Beaufort.
D. Portland.
E. Denbigh.
E. Westmorland.
E. Stamford.
E. Sandwich.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Lauderdale.
E. Aberdeen.
E. Marchmont.
E. Ferrers.
E. Gower.
E. De la Warr.
E. Radnor.
E. Bathurst.
E. Clarendon.
E. Mansfield.
V. Hereford.
V. Montague.
V. Weymouth.
V. Falmouth.
V. Dudley & Ward.
V. Sackville.
V. Howe.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Bath & Wells.
L. Bp. Rochester.
L. Bp. Lincoln.
L. Bp. St. David's.
L. Bp. Bristol.
L. Bp. Landaff.
L. Say & Sele.
L. Onslow & Cranley.
L. Montfort.
L. Chedworth.
L. Sandys.
L. Scarsdale.
L. Beaulieu.
L. Amherst.
L. Brownlow.
L. Thurlow.
L. Loughborough.
L. Walsingham.
L. Bagot.
L. Rawdon.
L. Sydney.

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.

Miol for a Naturalization Bill:

Upon reading the Petition of Isaac Lewis Miol, praying Leave to bring in a Bill for his Naturalization:

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

Bill presented.

Accordingly, The Lord Chedworth presented to the House a Bill, intituled, "An Act for naturalizing Isaac Lewis Miol."

The said Bill was read the First Time.

Bayntun's Divorce Bill:

The Order of the Day being read for the further Consideration of the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, An Act to dissolve the Marriage of Andrew Bayntun Esquire with Lady Maria Coventry his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and for the Lords to be summoned; and for the Judges to deliver their Opinions upon a Question of Law put to them on Wednesday last; (videlicet)

Whether the Issue born of a Woman after Twelve Months, from the Day of her Elopement from her Husband, and living apart from him in open Adultery, such Husband having instituted a Suit in the Ecclesiastical Court, and no Access proved, be or be not a Bastard?

Judges Opinion delivered.

The Lord Chief Baron of the Court of Exchequer having conferred with the Rest of the Judges present, delivered their unanimous Opinions, "That from the Facts stated in this Question, there is no Conclusion of Law that the Issue is or is not a Bastard; and we humbly conceive that we ought not to answer to a Conclusion of Fact;" and gave his Reasons.

Then the House proceeded to take the said Amendments into Consideration.

And the same, being read Twice by the Clerk, were agreed to by the House.

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

Trent and Gainsborough Navigation Bill.

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

With a Bill, intituled, "An Act for improving the Navigation of the River Trent, from a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one of them, to Gainsborough, in the County of Lincoln; and for empowering Persons navigating Vessels thereon, to hale the same with Horses;" to which they desire the Concurrence of this House.

Birmingham Canal Bill.

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

With a Bill, intituled, "An Act for making and maintaining a navigable Canal from a Place near Rider's Green, in the County of Stafford, to Broadwater Fire Engine, and Six Collateral Cuts from the same, to several Coal Mines; and also a navigable Canal from or near the Town of Birmingham, to join the Coventry Canal, at or near Fazeley, in the Parish of Tamworth, in the said County of Stafford, with a Collateral Cut to the lower Part of the said Town of Birmingham;" to which they desire the Concurrence of this House.

Winchester Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Second Year of His present Majesty's Reign, for altering, widening and amending, the Road from the North Gate of the City of Winchester, over Worthy Cow Down, through Whitchurch and other Places, to Newtown River; and also the Road from Worthy Cow Down aforesaid, through Wherwell, to the present Turnpike Road at Andover, in the County of Southampton;" to which they desire the Concurrence of this House.

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

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum tertium diem instantis Maii, horâ undecimâ Aurora, Dominis sic decernentibus.

DIE Martis, 13o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Roffen.
Epus. Cestrien.
Epus. Litch. & Cov.
Epus. Landaven.
Dux Chandos.
Comes Denbigh.
Comes Westmorland.
Comes Sandwich.
Comes Cassillis.
Comes Abercorn.
Comes Lauderdale.
Comes Marchmont.
Comes Bathurst.
Comes Clarendon.
Comes Mansfield.
Viscount Montague.
Viscount Sackville.
Ds. Onslow & Cranley.
Ds. Chedworth.
Ds. Sandys.
Ds. Amherst.
Ds. Brownlow.
Ds. Thurlow.
Ds. Walsingham.
Ds. Rodney.

PRAYERS.

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

Chalmers against Brown.

After hearing Counsel in Part in the Cause, wherein James Chalmers of Leith, Merchant, is Appellant, and Alexander Brown Goldsmith in Edinburgh is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Bayntun's Divorce Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Andrew Bayntun Esquire with Lady Maria Coventry his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Hett and Mr. Thomson:

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

Fanshawe against Cocksedge in Error.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error, wherein Thomas Fanshawe Esquire is Plaintiff, and Thomas Cocksedge is Defendant, which stands appointed for To-morrow, be put off to Thursday next; and that the Judges do then attend.

St. Clement Danes Paving Bill.

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

With a Bill, intituled, "An Act for better paving, cleansing and lighting the Parish of Saint Clement Danes, in the County of Middlesex, and certain Places adjoining thereto; and for removing and preventing Nuisances and Annoyances therein;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Doctors of Law Bill.

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

To return the Bill, intituled, "An Act for carrying into Execution an Agreement between the Dean and Chapter of Saint Paul's, London, and the College of Doctors of Law, exercent in the Ecclesiastical and Admiralty Courts, for vesting certain Tenements in the City of London called Doctors Commons, held by the said College under the said Dean and Chapter by Leases for Years in the said College, in Fee Simple, and reserving thereout a certain yearly Rent to the said Dean and Chapter, and their Successors for ever;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Birmingham Canal Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making and maintaining a navigable Canal from a Place near Rider's Green, in the County of Stafford, to Broadwater Fire Engine, and Six Collateral Cuts from the same, to several Coal Mines; and also a navigable Canal from or near the Town of Birmingham, to join the Coventry Canal, at or near Fazeley, in the Parish of Tamworth, in the said County of Stafford, with a Collateral Cut to the lower Part of the said Town of Birmingham."

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

D. Chandos.
E. Denbigh.
E. Westmorland.
E. Sandwich.
E. Cassillis.
E. Abercorn.
E. Lauderdale.
E. Marchmont.
E. Bathurst.
E. Clarendon.
E. Mansfield.
V. Montague.
V. Sackville.
L. Abp. York.
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Litch. & Cov.
L. Bp. Landaff.
L. Onslow & Cranley.
L. Chedworth.
L. Sandys.
L. Amherst.
L. Brownlow.
L. Thurlow.
L. Walsingham.
L. Rodney.

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Trent and Gainsborough Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for improving the Navigation of the River Trent from a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one of them, to Gainsborough, in the County of Lincoln; and for empowering Persons navigating Vessels thereon to hale the same with Horses."

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.

Kingsomborn Enclosure Bill.

The Lord Chedworth reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields in the Manor and Parish of Kingsomborn, in the County of Southampton," 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."

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quartum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 14o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landaven. Comes Cassillis.
Comes Mansfield.
Ds. Scarsdale.

PRAYERS.

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

Shortreid against Brown.

The Answer of Andrew Brown, Collector of the Poor's Rates in the Burgh of Selkirk, to the Appeal of John Shortreid of Greenhead, was this Day brought in.

Chalmers against Brown.

After hearing Counsel as well Yesterday as this Day upon the Petition and Appeal of James Chalmers of Leith Merchant, complaining of an Interlocutor of the Lords of Session in Scotland of the 26th of February 1783; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Alexander Brown, Goldsmith in Edinburgh, 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 Interlocutor therein complained of be and the same is hereby affirmed.

Kingsomborn Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, in the Manor and Parish of Kingsomborn, in the County of Southampton."

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 said Bill.

A Message was sent to the House of Commons, by Mr. Hett and Mr. Thomson;

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

St. Clement Danes Paving Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for better paving, cleansing and lighting the Parish of Saint Clement Danes, in the County of Middlesex, and certain Places adjoining thereto; and for removing and preventing Nuisances and Annoyances therein."

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

E. Cassillis.
E. Mansfield.
L. Bp. Landaff. L. Scarsdale.

Their Lordships, or any (fn. 1) Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Shortreid against Brown.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein John Shortreid is Appellant, and Andrew Brown is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 15o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Meneven.
Epus. Landaven.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Ferrers.
Comes Radnor.
Comes Bathurst.
Comes Mansfield.
Viscount Montague.
Viscount Sackville.
Ds. Chedworth.
Ds. Thurlow.
Ds. Loughborough.
Ds. Sydney.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commssion.

Miol takes the Oaths in order to his Naturalization.

Isaac Lewis Miol took the Oaths appointed, in order to his Naturalization.

Fanshawe against Cocksedge in Error.

The Order of the Day being read for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Thomas Fanshawe Esquire is Plaintiff, and Thomas Cocksedge is Defendant, brought by the Plaintiff in order to reverse a Judgement given in His Majesty's Court of Exchequer against the said Plaintiff; and for the Judges to attend:

Counsel were accordingly called in;

And the Counsel for the Plaintiff having been heard:

As also One Counsel for the Defendant.

They were directed to withdraw.

Causes put off.

Ordered, That the further Hearing of the said Cause be put off till To-morrow, and that the Judges do then attend.

Ordered, That the Hearing of the Cause, wherein the Reverend Mr. William Milligan is Appellant, and Sir John Wedderburn and others are Respondents, which stands appointed for To-morrow, be put off to Monday next; and that the Rest of the Causes be removed in Course.

St. Clement Danes Paving Bill.

The Lord Chedworth reported from the Lords Committees, to whom the Bill, intituled, "An Act for better paving, cleansing and lighting the Parish of Saint Clement Danes, in the County of Middlesex, and certain Places adjoining thereto; and for removing and preventing Nuisances and Annoyances therein," 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."

Trent and Gainsborough Navigation Bill.

The Lord Chedworth made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for improving the Navigation of the River Trent from a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one them, to Gainsborough, in the County of Lincoln; and for empowering Persons navigating Vessels thereon, to hale the same with Horses," was committed.

Birmingham Canal Bill.

The Lord Chedworth also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for making and maintaining a navigable Canal from a Place near Rider's Green, in the County of Stafford, to Broadwater Fire Engine, and Six Collateral Cuts from the same, to several Coal Mines; and also a Navigable Canal from or near the Town of Birmingham, to join the Coventry Canal at or near Fazeley in the Parish of Tamworth, in the said County of Stafford, with a Collateral Cut to the lower Part of the said Town of Birmingham," was committed.

D. Norfolk's Estate Bill, Petition against.

Upon reading the Petition of the Right Honourable Charles Philip Lord Stourton, taking Notice of a Bill depending in this House, intituled, "An Act to enable Charles Duke of Norfolk and others, to grant Building or Repairing Leases of certain Tenements, Houses and Grounds in the Parish of Saint Clement Danes, in the County of Middlesex, and in or near the Town of Arundel, in the County of Sussex;" by which Bill, if the same should pass into a Law, the Rights and Interests of the Petitioner, and Edward Lord Petre and Lady Ann Petre his Wife, in the said Hereditaments, may be materially injured; and therefore the Petitioner humbly begs Leave to submit to their Lordships, and hopes the said Bill will not be allowed to pass into a Law, without Leave being given to the said Petitioner to be heard by his Counsel, or such other Provision being made in the said Bill for securing the Rights and Interests of the Petitioner, and the other Parties interested therein, as their Lordships, in their Wisdom, shall think proper:

It is Ordered, That the said Petition be referred to the Committee, to whom the said Bill stands committed, with Liberty for the Petitioner to be heard by his Counsel against the said Bill, before the said Committee, as desired; as also, Counsel be heard for the Bill at the same time, if they think fit.

Miol's Naturalization Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Lewis Miol."

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

E. Abercorn.
E. Galloway.
E. Marchmont.
E. Ferrers.
E. Radnor.
E. Bathurst.
E. Mansfield.
V. Montague.
V. Sackville.
L. Bp. Bath & Wells.
L. Bp. Lincoln.
L. Bp. St. David's.
L. Bp. Landaff.
L. Chedworth.
L. Thurlow.
L. Loughborough.
L. Sydney.

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.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum fextum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 16o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Meneven.
Epus. Landaven.
Viscount Stormont, Præses.
Dux Portland.
Comes Westmorland.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Rosebery.
Comes Bucks.
Comes Northington.
Comes Radnor.
Comes Bathurst.
Comes Mansfield.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Hawke.
Ds. Amherst.
Ds. Thurlow.

PRAYERS.

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

Fanshawe against Cocksedge in Error.

The Order of the Day being read for the further hearing of Counsel to argue the Errors assigned upon the Writ of Error, wherein Thomas Fanshawe Esquire is Plaintiff, and Thomas Cocksedge is Defendant; and for the Judges to attend;

Counsel were accordingly called in.

And the Second Counsel for the Defendant having been heard;

And One Counsel for the Plaintiff, by way of Reply;

They were directed to withdraw.

Questions to the Judges.

Proposed, "That the following Questions be put to the Judges; (videlicet)

1. "Whether the Evidence and Facts admitted upon which this Demurrer has been enjoined, is sufficient in Law to maintain the Issue for the Defendant in Error?"

2. "Whether, if the Evidence be insufficient or uncertain, a new Venire ought to have been awarded?"

The same was agreed to, and ordered accordingly.

And the Judges desiring Time to consider the said Questions;

Ordered, That the further Consideration of the said Cause be put off to Wednesday the 28th of this Instant May; and that the Judges do then deliver their Opinions upon the said Questions.

St. Clement Danes Paving Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for better paving, cleansing and lighting the Parish of Saint Clement Danes, in the County of Middlesex, and certain Places adjoining thereto; and for removing and preventing Nuisances and Annoyances therein."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Trent and Gainsborough Navigation Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for improving the Navigation of the River Trent, from a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one of them, to Gainsborough, in the County of Lincoln; and for empowering Persons navigating Vessels thereon to hale the same with Horses."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Birmingham Canal Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Canal from a Place near Rider's Green, in the County of Stafford, to Broadwater Fire Engine, and Six Collateral Cuts from the same to several Coal Mines; and also a Navigable Canal from or near the Town of Birmingham, to join the Coventry Canal at or near Fazeley, in the Parish of Tamworth, in the said County of Stafford, with a Collateral Cut to the lower Part of the said Town of Birmingham."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H.C. that the Lords have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Hett and Mr. Thomson:

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

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 19o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Lincoln.
Epus. Landaven.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Bathurst.
Comes Mansfield.
Viscount Dudley & Ward.
Viscount Sackville.
Ds. Say & Sele.
Ds. Thurlow.

PRAYERS.

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

Milligan against Sir J. Wedderburn et al.

Counsel (according to Order) were called in to be heard in the Cause, wherein the Reverend Mr. William Milligan is Appellant, and Sir John Wedderburn and others are Respondents; and the Respondents having in their Case stated that this Appeal is incompetent; and the Appellant's Counsel declaring they were not prepared to argue the Objection at present;

The Counsel were directed to withdraw.

Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, with Liberty to the Parties to bring new Cases, in case they shall be so advised.

Birmingham Poor Bill.

A Message was brought from the House of Commons, by Sir George Shuckburgh and others:

With a Bill, intituled, "An Act for providing a proper Workhouse within the Parish of Birmingham, in the County of Warwick, and for better regulating the Poor within the said Parish;" to which they desire the Concurrence of this House.

County Gaols Bills.

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

With a Bill, intituled, "An Act to explain and amend an Act, made in the Eleventh and Twelfth Years of the Reign of King William the Third, intituled, "An Act to enable Justices of Peace to build and repair Gaols in their respective Counties;" to which they desire the Concurrence of this House.

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

Ordered, That the last mentioned Bill be printed.

Fenchurch Street widening Bill.

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

With a Bill, intituled, "An Act for widening the North West End of Fenchurch Street, and the South End of the Old Jewry, within the City of London;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Duncan et al. against Magistrates of Aberdeen et al.

The Agents in the Cause, wherein George Duncan Junior and others are Appellants, and the Magistrates and Town Council of Aberdeen and others are Respondents, et e contra, were called in, and asked, "Whether they had any Objection to the Hearing of the said Cause being put off to the next Session of Parliament?"

And they having no Objection thereto;

They were directed to withdraw.

Ordered, That the Hearing of the said Cause be put off to the next Session of Parliament.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 20o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Roffen.
Epus. Meneven.
Epus. Landaven.
Dux Portland.
Dux Chandos.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Westmorland.
Comes Abercorn.
Comes Bucks.
Comes Northington.
Comes Radnor.
Comes Bathurst.
Comes Mansfield.
Viscount Sackville.
Ds. King.
Ds. Chedworth.
Ds. Scarsdale.
Ds. Thurlow.
Ds. Sydney.

PRAYERS.

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

Dundas et al. against Dundas.

After hearing Counsel in Part in the Cause, wherein Laurence Dundas and others are Appellants, and Sir Thomas Dundas Baronet is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

McDowal et al. against Ferguson.

Ordered, That the Hearing of the Cause, wherein John McDowal, Merchant in Glasgow, and others are Appellants, and Mrs. Jane Ferguson is Respondent, which stands appointed for To-morrow, be put off to Thursday next.

Miol's Naturalization Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Isaac Lewis Miol," 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."

Ordered, That the said Bill be engrossed.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.