House of Lords Journal Volume 36: June 1783 1-10

June 1783 1-10

DIE Martis, 3^o Junii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Great Seal, Copies of Patents to Judges for holding, delivered.

The House being informed, "That Mr. Nepean from the Secretary of State's Office attended:"

He was called in, and delivered at the Bar, pursuant to an Address of the 28th of May last, Copies of the several Patents to any of the Judges or others, for holding the Great Seal; and Grants of Pensions or Salaries to any of the Judges, together with a Lift thereof.

Which was read by the Clerk as follows; (videlicet)

No. 1. "Copy of Commission to Sir John Maynard and others, for holding the Great Seal, 1st William and Mary."

2. "Copy of Commission to Sir John Willes and others, for holding the Great Seal, 30th George the Second."

3. "Copy of Commission to Sir Sydney Stafford Smythe and others, for holding the Great Seal, 10th George the Third."

4. "Copy of Commission to Lord Loughborough and others, for holding the Great Seal, April 1783."

5. "Appointment of Judges Salaries, 1st of Anne."

6. "Copy of Grant of additional Salary to Lord Loughborough."

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

Mr. Nepean also delivered at the Bar:

"Copy of Commission to Sir John Maynard and others, granting their Allowances, 1st William and Mary."

"Copy of Commission to Sir John Trevor and others, for holding the Great Seal, 2d William and Mary."

"Copy of Commission to Sir Thomas Trevor and others, for holding the Great Seal, 9th Anne."

"Copy of Commission to Sir John Willes and others, granting their Allowances, 30th George the Second."

"Copy of Commission to Sir Sydney Stafford Smythe and others, granting their Allowances, 10th George the Third."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Wale's and Pemberton's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Margaretta Phillipina Wale and Mary Pemberton."

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. Montagu and Mr. Thomson:

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

Winchester Road Bill.

Hodie 3^a vice lecta est Billa, 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."

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

It was resolved in the Affirmative.

Fenchurch Street widening Bill.

Hodie 3^a vice lecta est Billa, 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."

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 Two preceding Bills.

And Messages were, severally, 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.

Odstock, &c. Enclosure Bill.

The Earl of Sandwich reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and allotting the Open Common Fields, Common Meadows, Open Common Downs, Waste Lands and Commonable Places, within the several Parishes of Odstock, Homington, West Harnham and Netherhampton; and certain Open Lands lying at the East End of the said Parish of Homington, in the County of Wilts," 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."

Boilstone Enclosure Bill.

The Earl of Sandwich made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing several Open Common Fields, Common Meadows, Common Pastures, Commons and Waste Grounds, within the Manor and Parish of Boilstone, in the County of Derby," was committed.

Chatteris Enclosure Bill.

The Earl of Sandwich made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for the better ordering and regulating the Manner of feeding, using, cultivating and enjoying several Commonable and Waste Grounds, lying in Chatteris in the Isle of Ely, in the County of Cambridge; and for obliging the Occupiers of certain Parts of the said Grounds to sence the same," was committed.

St. Martin's Paying Bill.

The Earl of Sandwich also reported from the Lords Committees, to whom the Bill, intituled, "An Act for better paving, cleansing and lighting the Parish of Saint Martin in the Fields within the Liberty of Westminster, 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."

Dalrymple against Hunter et al.

Upon reading the Petition of James Dalrymple Appellant, in a Cause depending in this House, and of Robert Hunter Esquire and others, Respondents thereto, which stands appointed for Hearing; setting forth, "That the Season is now so far advanced, and the Court of Session in Scotland being to meet on the 12th Instant, the Counsel for both Parties in this Cause in the Court below, who have attended for some Time in London to plead the same at their Lordships Bar, are now returned to Scotland, and both Parties are unwilling to bring this Cause to a Decision, without the Aid and Assistance of those Gentlemen;" and therefore praying their Lordships, "That the Hearing of this Cause may be adjourned till next Session of Parliament:"

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

Muzio for a Naturalization Bill.

Upon reading the Petition of John Benedict Muzio alias Moore, 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 John Benedict Muzio alias Moore."

The said Bill was read the First Time.

Paddington Road Bill.

A Message was brought from the House of Commons, by Sir Herbert Mackworth and others:

With a Bill, intituled, "An Act for enlarging the Terms and Powers of Two Acts made in the Seventh Year of King George the First, and the Eighth Year of King George the Second, for repairing the Road from Saint Giles's Pound to Kilbourne Bridge, and for paving Oxford Road; and also of an Act made in the Twenty-ninth Year of King George the Second, to enable the respective Trustees of the Turnpike Roads leading to Highgate Gate House and Hampstead, and from Saint Giles's Pound to Kilbourne, to make a new Road from the Great Northern Road at Islington to the Edgeware Road near Paddington, so far as the same is by the said Act directed, to be under the Management of the Trustees of the said Two first mentioned Acts;" to which they desire the Concurrence of this House.

Bayntun's Divorce Bill.

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

To return 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 to acquaint this House, That they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

Miol's Naturalization Bill.

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

To return the Bill, intituled, "An Act for naturalizing Isaac Lewis Miol;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bayntun's Divorce Bill.

The House proceeded to take into Consideration the Amendments made by the Commons 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 the said Amendments being read Three Times by the Clerk:

It was proposed to agree with the Commons in the said Amendments.

Which being objected to;

After Debate,

The Question was put thereupon ?

It was resolved in the Affirmative.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Patrons Rights Bill.

The Earl Bathurst presented to the House a Bill, intituled, "An Act for quieting Patrons under certain Circumstances in the Possession of their Rights of Patronage, and for indemnifying the Subject against certain Penalties, Forfeitures, Disabilities, and Ecclesiastical Censures."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Judges Independency, Motion for a Committee respecting, negatived.

The Order of the Day being read for the Lords to be summoned:

It was moved, "That a Committee be appointed to take into Consideration the Independency of the Judges, and such further Regulations as may be proper for securing the same."

Which being objected to;

And a Question stated thereupon?

After Debate,

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Adjourn.

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

DIE Jovis, 5^o Junii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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 Consideration of the Cause, wherein Thomas Fanshawe Esquire is Plaintiff, and Thomas Cocksedge is Defendant; and for the Judges to deliver their Opinions upon the Two Questions of Law proposed to them on Friday the 16th Day of May last:

Judges Opinion delivered:

Mr. Justice Gould was heard to deliver the unanimous Opinion of the Judges present upon the first of the said Questions as follows; (videlicet)

That 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; and gave his Reasons.

Then Mr. Justice Gould acquainted the House, "That the first Question being so answered, he apprehended it was not necessary to answer the Second Question."

Whereupon, The following Order and Judgement was made:

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House the 18th Day of June 1782, wherein Thomas Fanshawe Esquire is Plaintiff, and Thomas Cocksedge is Defendant; and Counsel having been heard as well on Thursday the 15th, as Friday the 16th Days of May last, to argue the Errors assigned upon the said Writ of Error; and the unanimous Opinion of the Judges being delivered upon the Points of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of Exchequer Chamber, affirming a Judgement given in the Court of King's Bench, be and the same is hereby affirmed; and that the Record be remitted.

The Tenor of which Judgement to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet)

At which Day before the same Court of Parliament at Westminster, come as well the said Thomas Fanshawe as the said Thomas Cocksedge in their proper Persons, but because the Court of Parliament aforesaid now here, is not yet advised what Judgement to give of and concerning the Premises, Day is thereupon given as well to the said Thomas Fanshawe as to the said Thomas Cocksedge before the same Court of Parliament until Friday the Fifth Day of June, in the Twenty-third Year of the Reign of our said Sovereign Lord the King wheresoever, &c. to hear Judgement of and upon the Premises, for that the Court of Parliament aforesaid here, is not yet advised thereof, &c. At which Day before the same Court of Parliament at Westminster, come as well the said Thomas Fanshawe as the said Thomas Cocksedge in their proper Persons; whereupon the said Court of Parliament now here, having seen and fully understood all and singular the Premises, and having diligently examined and inspected as well the Record and Process aforesaid, as all Things touching the same, and mature Deliberation being thereupon had, it appears to the same Court of Parliament now here, that neither in the Record and Process aforesaid, nor in giving of the Judgement aforesaid, nor in the Affirmance of the said Judgement there is any Error; and that the Record is in no ways vitious or defective; therefore it is considered by the same Court of Parliament aforesaid, that the Judgement aforesaid, and also the Affirmance of the same Judgement be in all Things affirmed, and stand in its full Force, Strength, and Effect in all Things, the Causes and Matters by the said Thomas Fanshawe above assigned for Error in any wife notwithstanding: And thereupon the said Record and also the Process respecting the Premises, had in the same Court of Parliament by the said Court of Parliament, are remitted to the Court of our said Lord the King before the King Himself wheresoever, &c.

Odstock, &c. Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and allotting the Open Common Fields, Common Meadows, Open Common Downs, Waste Lands and Commonable Places, within the several Parishes of Odstock, Homington, West Harnham, and Netherhampton, and certain Open Lands lying at the East End of the said Parish of Homington, in the County of Wilts."

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

It was resolved in the Affirmative.

Boilstone Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Common Fields, Common Meadows, Common Pastures, Commons and Waste Grounds, within the Manor and Parish of Boilstone, in the County of Derby."

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

It was resolved in the Affirmative.

St. Martin's Paving Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better paving, cleansing, and lighting the Parish of Saint Martin in the Fields, within the Liberty of Westminster, 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.

Chatteris Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better ordering and regulating the Manner of feeding, using, cultivating, and enjoying several Commonable and Waste Grounds, lying in Chatteris in the Isle of Ely, in the County of Cambridge; and for obliging the Occupiers of certain Parts of the said Grounds to sence the same."

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 Four preceding Bills.

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

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

Paddington Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers of Two Acts made in the Seventh Year of King George the First, and the Eighth Year of King George the Second, for repairing the Road from Saint Giles's Pound to Kilbourne Bridge, and for paving Oxford Road; and also of an Act made in the Twenty-ninth Year of King George the Second, to enable the respective Trustees of the Turnpike Roads leading to Highgate Gate House and Hampstead, and from Saint Giles's Pound to Kilbourne, to make a new Road from the Great Northern Road at Islington, to the Edgeware Road near Paddington, so far as the same is by the said Act directed, to be under the Management of the Trustees of the said Two first mentioned Acts."

Gilpin et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Jonathan Power Gilpin Esquire, for and on Behalf of himself and his Son and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to effectuate a Partition or Division of certain Messuages, Lands, and Hereditaments in the County of Wilts, heretofore the Estates of Jonathan Power Esquire deceased."

Vagabonds Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal an Act, made in the Fifth Year of the Reign of Queen Elizabeth, intituled, "An Act for further Punishment of Vagabonds calling themselves Egyptians."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday the 16th Day of this Instant June.

Paymaster General's Bill.

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

With a Bill, intituled, "An Act for the better Regulation of the Office of the Paymaster General of His Majesty's Forces, and the more regular Payment of the Army; and to repeal an Act made in the last Session of Parliament, intituled, "An Act for the better Regulation of the Office of Paymaster General of His Majesty's Forces;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Hanwell Enclosure Bill.

The Lord Chedworth reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming, establishing and making effectual the Enclosure of the Open and Common Fields, Commonable Lands, Cow Pasture, Heath and Waste Grounds, within the Manor and Parish of Hanwell, in the County of Oxford," 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 recommitted to the same Committee; and that they do meet to consider the same, on the Second Day of Meeting after the Recess at Whitsuntide.

Adjourn.

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