House of Lords Journal Volume 36: December 1779 21-31

December 1779 21-31

DIE Martis, 21^o Decembris 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Militia Qualification Bill.

The Earl of Effingham (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to indemnify such Officers of the Militia as have not transmitted to the Clerks of the Peace, Descriptions of their Qualifications, and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia; and for obliging the Captain Lieutenant to deliver in a Description of his Qualification."

The said Amendments were read by the Clerk as follow; (videlicet)

Pr. 3. L. 8. Leave out ("or") and after ("Captain ") insert ("or ")

L. 9. After ("Lieutenant ") insert ("excepting only such Captain Lieutenants as have acted as such before the First Day of July One thousand seven hundred and seventy-nine ")

L. 18. and 19. Leave out ("February") and insert ("March")

And the said Amendments, being read a Second Time, were, severally, agreed to by the House.

Stones by Enclosure Bill

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands, in Stonesby, in the County of Leicester."

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

It was resolved in the Affirmative.

Scarrington, &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures and Waste Grounds, in the Townships of Scarrington and Aslacton, in the County of Nottingham."

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 Two preceding Bills.

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

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

Graham et al. against Greig and Porterfield.

The House being moved, "That a Day may be appointed for hearing the cause wherein Elizabeth Graham and others, are Appellants, and Alexander Greig and Margaret Porterfield are Respondents:"

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.

Abp. Canterbury's Petition referred to Judges.

Upon reading the Petition of Frederick Archbishop of Canterbury, 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 Hotham, 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.

Keene's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable Mary Ruck Spinster, notwithstanding her Minority, to convey, assign and settle her Real and Personal Estate on her intended Marriage with Benjamin Keene Esquire," stands committed, be revived and meet To-morrow.

Parker's Petition for Mitigation of Sentence of Court of King's Bench.

Upon reading the Petition of William Parker, Printer; setting forth, "That an Information being granted against the Petitioner, by the Court of King's Bench, in last Hilary Term, for publishing what the Petitioner deemed a very inoffensive Paper, on a Trial thereon in the said Court, the Petitioner was convicted for having published a Libel; and upon appearing to receive Judgement thereon last Michaelmas Term, the said Court ordered the Petitioner to be imprisoned in His Majesty's Gaol of Newgate, for a whole Year, and to pay a Fine of Six Shillings and Eight-pence to His Majesty, as by the Order of Commitment thereunto annexed may appear: That the Petitioner was accordingly committed to the said Gaol on the Twenty-fifth Day of November last, and hath ever since continued therein, to the great Loss and Prejudice of his Family and Business; but however great and injurious as that Hardship really is, the Petitioner would not presume to trouble their Lordships with his Complaints, if there was even a Probability of his surviving the Period of his Sentence in his present Situation, as he is not only deprived the Benefit of either Air or Exercise sufficient to preserve any Degree of Health during so long a Time, but the Prison being newly built of immense large Stones, and not yet seasoned by Fire or Weather, the Walls are at this Moment streaming with Water, so as to render it imminently dangerous to sleep or dwell in any of its dreary Apartments: The expeditious Trial and Release of the temporary Criminals, generally preserves them from the contagious Effects, whilst the Duration of the Petitioner's Sentence leaves him scarce room to hope for surviving it. That the Petitioner, with the greatest Deference and Humility, begs Leave to submit to their Lordships Wisdom and Humanity, that the said Sentence is rather excessive, and not proportioned to the Petitioner's unintended Offence, not only with respect to its Duration, but also as to Place and Manner; and the more so, as the Petitioner is informed that the Prison of the King's Bench has always been the Place where every Person convicted of the like Offence has been committed; and the Petitioner is warranted to assure their Lordships, that he is the very first Person ever committed to the Gaol of Newgate by the Court of King's Bench for such an Offence; and to their Lordships Wisdom and Compassion he now submits how far he merits being made an Example for Precedent;" and therefore praying their Lordships, "To take the Petitioner's dangerous and distressing Situation into Consideration; and in regard to the great Injury which his Family and Business have already sustained, and the inevitable Ruin that must attend the Continuation of his Imprisonment, to grant him such Mitigation of the said Sentence, or such other Relief in the Premises, as their Lordships, in their great Wisdom and Humanity, may think proper:"

It is Ordered, That the said Petition do lie on the Table.

Irish Trade Bill.

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

With a Bill, intituled, "An Act to repeal certain Acts made in Great Britain, which restrain the Trade and Commerce of Ireland with Foreign Parts;" to which they desire the Concurrence of this House.

Sugar and Panneles Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper, and others:

With a Bill, intituled, "An Act to amend an Act made in the Eighteenth Year of the Reign of His present Majesty, intituled, "An Act to explain and amend so much of an Act made in the Fourth Year of the Reign of His present Majesty, as relates to the preventing the clandestine Conveyance of Sugar and Paneles from the British Colonies and Plantations in America, into Great Britain;" to which they desire the Concurrence of this House.

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

Westminister Bridge Accounts delivered.

The House being informed, "That Mr. Ludbey from the Commissioners of Westminister Bridge, attended:"

He was called in, and delivered at the Bar, pursuant to Acts of Parliament, Two Books containing,

"State of the Proceedings of the Commissioners of Westminster Bridge, from the 1st Day of December 1778, to the 14th Day of December 1779."

Also, "Accounts of the Treasurer to the Commissioners of Westminster Bridge, from the 10th October 1778, to the 10th October 1779; together with a Rental and Account of Bridge Rents received, to 5th July 1779."

And then he withdrew.

And the Titles thereof being read by the Clerk;

Ordered, That the said Accounts do lie on the Table.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 22^o Decembris, 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Militia Volunteer Companies, Enrolment of Menenlisted, ordered.

Ordered, That the proper Officers do lay before this House, "Copies of the Enrolment and Attestation of the Men enlisted in such Volunteer Companies which have been raised in the several Counties in England, pursuant to an Act of the last Session of Parliament, intituled, "An Act for augmenting the Militia."

Irish Trade Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal certain Acts made in Great Britain, which restrain the Trade and Commerce of Ireland with Foreign Parts."

Ordered, That the said Bill be read the Third Time To-morrow.

Sugar and Paneles Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act made in the Eighteenth Year of the Reign of His present Majesty, intituled, "An Act to explain and amend so much of an Act made in the Fourth Year of the Reign of His present Majesty, as relates to the preventing the clandestine Conveyance of Sugar and Paneles from the British Colonies and Plantations in America, into Great Britain."

Ordered, That the said Bill be read the Third Time To-morrow.

Koene's Bill.

The Lord Onslow reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Mary Ruck, Spinster, notwithstanding her Minority, to convey, assign and settle her Real and Personal Estate on her intended Marriage with Benjamin Keene Esquire," 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.

Militia Qualification Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify such Officers of the Militia as have not transmitted to the Clerks of the Peace, Descriptions of their Qualifications, and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia; and for obliging the Captain Lieutenant to deliver in a Description of his Qualification."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 23^o Decembris 1779.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irish Trade Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to repeal certain Acts made in Great Britain, which restrain the Trade and Commerce of Ireland with Foreign Parts."

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

It was resolved in the Affirmative.

Sugar and Paneles Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act made in the Eighteenth Year, of the Reign of His present Majesty, intituled, "An Act to explain and amend so much of an Act made in the Fourth Year of the Reign of His present Majesty, as relates to the preventing the clandestine Conveyance of Sugar and Paneles, from the British Colonies and Plantations in America, into Great Britain."

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 Two preceding Bills.

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

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

Keene's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Mary Ruck Spinster, notwithstanding her Minority, to convey, assign and settle her Real and Personal Estate on her intended Marriage with Benjamin Keene Esquire."

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 the former Messengers:

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

Judges Reports, Limitation of.

Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this House for Private Bills, after Monday the Third Day of April next.

Ordered, That the said Order be affixed on the Doors of this House, and Westminster Hall.

Militia Qualification Bill.

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

To return the Bill, intituled, "An Act to indemnify such Officers of the Militia as have not transmitted to the Clerks of the Peace, Descriptions of their Qualifications, and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia ; and for obliging the Captain Lieutenant to deliver in a Description of his Qualification;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Writs of Error delivered:

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Four Writs of Error:

Hase against Goodtitle.

In the First of which,

Thomas Hase is Plaintiff,
and
Thomas Goodtitle is Defendant;

Ballmer against Dallas and Blundell.

In the Second,

James Ballmer is Plaintiff,
and
George Dallas and Henry Blundell are Defendants;

Shepherd against Cazalet et al.

In the Third,

William Shepherd is Plaintiff,
and
Peter Cazalet and others are Defendants;

Johnston against Lowe, et al.

And in the last,

Samuel Johnston is Plaintiff,
and
Richard Lowe and others are Defendants.

The House was adjourned during Pleasure to robe.

The House was resumed.

King present.

His Majesty, being seated on the Throne, adorned with His Crown, and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes) commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure that they attend him immediately in this House."

Who being come, with their Speaker;

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow; (videlicet)

Bills passed.

1. "An Act to repeal certain Acts made in Great Britain, which restrain the Trade and Commerce of Ireland with foreign Parts."

2. "An Act to amend an Act made in the Eighteenth Year of the Reign of His present Majesty, intituled, An Act to explain and amend so much of an Act made in the Fourth Year of the Reign of His present Majesty, as relates to the preventing the clandestine Conveyance of Sugar and Paneles from the British Colonies and Plantations in America, into Great Britain."

3. "An Act to indemnify such Officers of the Militia as have not transmitted to the Clerks of the Peace Descriptions of their Qualifications, and Certificates of their having taken the Oaths as required; and for allowing further Time for the Delivery of Descriptions of Qualifications by such Officers of the Militia; and for obliging the Captain Lieutenant to deliver in a Description of his Qualification."

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

"Le Roy le veult."

4. "An Act for dividing and enclosing the Open fields, Meadows, Common Pastures and Waste Grounds, in the Townships of Scarrington and Aslacton, in the County of Nottingham."

5. "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures and other Commonable Lands, in Stonesby, in the County of Leicester."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum septimum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.