House of Lords Journal Volume 28
February 1753, 1-10

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History of Parliament Trust

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1767-1830

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14-19

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'House of Lords Journal Volume 28: February 1753, 1-10', Journal of the House of Lords volume 28: 1753-1756 (1767-1830), pp. 14-19. URL: http://british-history.ac.uk/report.aspx?compid=114351 Date accessed: 30 October 2014.


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February 1753, 1-10

DIE Veneris, 2o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Landavens.
Epus. Cestriens.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Dorset.
Comes Northampton.
Comes Stamford.
Comes Holdernesse.
Comes Coventry.
Comes Morton.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Macclesfield.
Comes Bath.
Comes Fitzwilliam.
Viscount Townshend.
Viscount Leinster.
Ds. Willoughby Par.
Ds. Raymond.
Ds. Sandys.
Ds. Anson.
Ds. Ravensworth.

PRAYERS.

Bateman & al. against Conway & al.

A Petition of Hugh Conway, Edmund Conway, and Edy Bowman, Respondents to the Appeal of Rowland Bateman and Richard Yielding, which stands appointed to be heard this Day, was presented to the House, and read; praying, "In regard the Petitioners are not prepared for the said Hearing, that the same may be put off for Six Weeks."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to this Day Month; and that an Entry be made, that their Lordships did not order the Costs of this Day to be paid to the Appellants, by reason of the alleged Poverty of the Respondents.

Purey & al. Exchange, Bill.

The Lord Sandys (pursuant to an Order of the 26th of January last) presented to the House a Bill, intituled, "An Act for settling a Yearly Rent on the Rector of Pusey, in the County of Berks, and his Successors, in Lieu of his Tithes and Part of his Glebe; and vesting the said Tithes and Glebe in John Allen Pusey Esquire and his Heirs."

And the same was read the First Time.

Parliaments office, and House belonging to it, Condition of to be surveyed.

Upon reading the Petition of Ashley Cowper Esquire, Clerk of the Parliaments, setting forth, "That the House belonging to The Parliament-office is become very ruinous and almost uninhabitable;" and praying, "That this House will be pleased to take the same into their Consideration, and give such Directions therein as to their Lordships shall seem meet:"

It is Ordered, That the Officers of His Majesty's Board of Works do survey the State and Condition of The Parliament-office, and the House thereto belonging; and lay an Account of the same before this House.

Sinclair, Pet. to receive Appeal.

A Petition of Sidney Sinclair, Widow of Sir John Dalrymple of Cowsland, was presented to the House, and read; setting forth, "That the Petitioner, being advised that she is aggrieved by certain Interlocutors of the Lords of Session in Scotland, directed an Appeal to be prepared, to be presented to this House; but that her Agent, being unacquainted with the Order of this House, directing Appeals to be presented within Fourteen Days after the Commencement of the Session, did not transmit the said Appeal within the Time limited;" and therefore praying, In regard there are only a few Days elapsed since the Expiration of the said Fourteen Days, that her said Appeal may be received."

And thereupon the Petitioner's Agent was called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Appeal be received, as desired.

Sinclair against Sir W. Dalrymple & al.

Accordingly the said Appeal was presented, and read; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 23d of June and 17th of November 1748; and praying, "That the same may be reversed, varied, or amended, and the Appellant have such Relief in the Premises as to this House shall seem meet; and that Sir William Dalrymple, Elizabeth and Jean Dalrymples, and their respective Husbands, Thomas Hamilton of Fallay and George Reid Merchant in Edinburgh, Hugh, Gustavus, Katherine, Christian, and Margaret Dalrymples, Captain Jacob Moodie Husband to the said Katherine, and John Sinclair Younger of Freswick Advocate, Husband to the said Margaret, may be required to put in their Answer thereunto:"

It is Ordered, That the said Sir William Dalrymple and the several other Persons last mentioned may have a Copy or Copies of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Second Day of March next; and Service of this Order on their Agents or Attornies before the Court of Session in Scotland shall be deemed good Service.

His Majesty's Advocate against Drummond.

Upon reading the Petition and Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty; complaining of an Interlocutor and Decree of the Lords of Session in Scotland, of the 11th of July 1752, made on the Behalf of Mary Drum mond, only Sister of John Drummond, attainted, taking upon himself the Style and Title of Lord John Drummond;" and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House shall seem fit:"

It is Ordered, That the said Mary Drummond may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the 2d Day of March next; and Service of this Order upon any of her Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-three; and for enlarging the Time limited by an Act of the last Session of Parliament, for subscribing Annuities after the Rate of Three Pounds per Centum per Annum into the Joint Stock of Annuities therein mentioned;" to which they desire the Concurrence of this House.

Boumeester and Rilliet, Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Daniel Boumeester and James Rilliet;" to which they desire the Concurrence of this House.

Hoffgaard's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Frederich Hoffgaard;" to which they desire the Concurrence of this House.

Game Act to amend, Bill.

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

With a Bill, intituled, "An Act to amend an Act made in the Eighth Year of the Reign of His late Majesty King George the First, intituled, An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game, by enlarging the Time within which Suits and Actions are to be brought by Force of the said Act;" to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Dunelm.
Epus. Cicestriens.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Marlborough, Senescallus.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Bedford.
Dux Portland.
Comes Northampton.
Comes Stamford.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Halifax.
Comes Fitzwilliam.
Viscount Townshend.
Ds. Willoughby Par.
Ds. Strange.
Ds. Bathurst.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Sandys.
Ds. Feversham.
Ds. Vere.

PRAYERS.

Pet. of Bertrand & al. to be added to Nat. Bill.

Upon reading the Petition of Anthony Bertrand, Frederick Teise, Francis Brouzet, and George Grand; praying, "That their Names may be inserred in the Bill now depending in this House, for naturalizing Daniel Boumeester and James Rilliet."

It is Ordered, That the said Petition do lie upon the Table till the said Bill be read a Second Time.

Industry encouraging, Bill.

The Lord Viscount Townshend presented to the House a Bill, intituled, "An Act for encouraging Industry in the Kingdom, by removing certain Disabilities and Restraints contained in several former Acts."

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Bertrand & al. Nat. Bill.

Anthony Bertrand, Frederick Teise, Francis Brouzet, and George Grand, were called in, and took the Oaths appointed, in order to their Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Boumeester and James Rilliet."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Ld. Steward.
Ld. Chamberlain.
D. St. Albans.
D. Bedford.
D. Portland.
E. Northampton.
E. Stamford.
E. Shaftesbury.
E. Coventry.
E. Jersey.
E. Poulet.
E. Morton.
E. Findlater.
E. Breadalbane.
E. Marchmont.
E. Hyndford.
E. Halifax.
E. Fitzwilliam.
L. Abp. Cant.
L. Abp. York.
L. Bp. Durham.
L. B. Chichester.
L. B. Bath & Wells.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. B. Gloucester.
L. Willoughby Par.
L. Strange.
L. Bathurst.
L. Ducie.
L. Monson.
L. Raymond.
L. Sandys.
L. Feversham.
L. Vere.

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.

Ordered, That the Petition of Anthony Bertrand, Frederick Teise, Francis Brouzet, and George Grand; praying that their Names may be inserted in the said Bill, be referred to the said Committee.

Malt Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-three; and for enlarging the Time limited by an Act of the last Session of Parliament, for subscribing Annuities after the Rate of Three Pounds per Centum per Annum into the Joint Stock of Annuities therein mentioned."

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

Hoffgaard's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Frederich Hoffgaard."

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

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

Pusey & al. Exchange, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for settling a Yearly Rent on the Rector of Pusey, in the County of Berks, and his Successors, in Lieu of his Tithes, and Part of his Glebe; and vesting the said Tithes and Glebe in John Allen Pusey Esquire and his Heirs."

Ordered, That the said Bill be committed to the same Committee:

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 14th Instant; and to adjourn as they please.

Game Act to amend, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend an Act made in the Eighth Year of the Reign of His late Majesty King George the First, intituled, An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game, by enlarging the Time within which Suits and Actions are to be brought by Force of the said Act."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 6o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Carliol.
Epus. Landavens.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Bedford.
Comes Northampton.
Comes Cardigan.
Comes Shaftesbury.
Comes Jersey.
Comes Morton.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Halifax.
Comes Fitzwilliam.
Comes Hertford.
Ds. Willoughby Par.
Ds. Foley.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.
Ds. Vere.

PRAYERS.

Hoffgaard's Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Frederich Hoffgaard," 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."

Boumeester, Nat. Bill.

His Lordship also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Daniel Boumeester and James Rilliet," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and had also considered the Petition to them referred; and had gone through the said Bill, and made several Amendments thereunto."

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

Bp. Salisbury & al. Petition for a Bill to sell Gilbert's Estates, referred to Judges.

Upon reading the Petition of John Lord Bishop of Salisbury, Robert Gilbert Clerk, Thomas Gilbert the Elder Esquire, and Thomas Gilbert the Younger, his Eldest Son, and Edward Gilbert; praying Leave to bring in a Bill, for Sale of an undivided Moiety of the Manors or Lordships of Brinsfield and Cranham, and divers Lands, in the County of Gloucester, to discharge Encumbrances affecting the same:

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 Smythe; 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.

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-three; and for enlarging the Time limited by an Act of the last Session of Parliament, for subscribing Annuities after the Rate of Three Pounds per Centum per Annum into the joint Stock of Annuities therein mentioned."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Game Act to amend, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend an Act made in the Eighth Year of the Reign of His late Majesty King George the First, intituled, An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game, by enlarging the Time within which Suits and Actions are to be brought by Force of the said Act."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be read the 3d Time on this Day Sevennight.

Price against Baugh.

Ordered, That the Hearing of the Cause, wherein John Price Gentleman is Appellant, and Thomas Folliot Baugh Esquire is Respondent, which stands for To-morrow, be put off to Friday next.

Adjourn.

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

DIE Jovis, 8o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Dunelm.
Epus. Roffen.
Epus. Carliol.
Epus. Landavens.
Epus. Norwic.
Epus. Litch. & Cov.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Chesterfield.
Comes Shaftesbury.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Halifax.
Comes Fitzwalter.
Comes Effingham.
Comes Bath.
Comes Portsmouth.
Comes Bucks.
Comes Fitzwilliam.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Leinster.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Strange.
Ds. Cathcart.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Sandys.
Ds. Anson.
Ds. Vere.

PRAYERS.

Malt Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-three; and for enlarging the Time limited by an Act of the last Session of Parliament, for subscribing Annuities after the Rate of Three Pounds per Centum per Annum into the Joint Stock of Annuities therein mentioned."

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

It was Resolved in the Affirmative.

Hoffgaard's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Frederick Hoffgaard."

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 preceding Bills.

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

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

Boumeester & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Boumeester and James Rilliet."

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 sent to the House of Commons, by the former Messengers:

To carry down the last mentioned Bill; and to acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Papers from Trustees of Carlisle Military Road delivered.

The House being informed, "That Mr. Bigge, from the Commissioners and Trustees appointed to put in Execution an Act passed in the 24th Year of the Reign of His present Majesty, for making and keeping in Repair a Road for the Passage of Troops and Carriages, from the City of Carlisle to the Town of Newcastle upon Tyne, attended:"

He was called in; and delivered, at the Bar,

"Copies of the several Contracts made by the said Commissioners and Trustees, for the Counties of Cumberland and Northumberland; and also Accompts of the Treasurer to the said Trustees for each respective County."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

Ordered, That the same do lie upon the Table.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The 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 in their Robes; and the Commons (who were sent for) being come with their Speaker:

He, after a short Introduction in relation to the Malt Bill, delivered the same to the Clerk, who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bill ready for the Royal Assent, as follows:

Bills passed.

"1. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-three; and for enlarging the Time limited by an Act of the last Session of Parliament, for subscribing Annuities after the Rate of Three Pounds per Centum per Annum into the Joint Stock of Annuities therein mentioned."

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act for naturalizing Frederich Hoffgaard."

To this Bill the Royal Assent was pronounced, 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.

Industry encouraging, Bill.

Ordered, That the Bill, intituled, "An Act for encouraging Industry in the Kingdom, by removing certain Disabilities and Restraints contained in several former Acts," be read a 2d Time To-morrow Sevennight, the 16th Instant.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 9o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Wigorn.
Epus. Carliol.
Epus. Landavens.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Dux Marlborough, Senescallus.
Dux Devon.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Dorset.
March. Rockingham.
Comes Northampton.
Comes Stamford.
Comes Winchilsea.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Holdernesse.
Comes Jersey.
Comes Poulet.
Comes Rothes.
Comes Morton.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Tankerville.
Comes Halifax.
Comes Pomfret.
Comes Ker.
Comes Ashburnham.
Comes Powis.
Comes Hertford.
Viscount Leinster.
Ds. Willoughby Par.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Feversham.

PRAYERS.

Price against Baugh.

After hearing Counsel in Part, upon the Petition and Appeal of John Price Gentleman; complaining of a Decree of the Court of Exchequer, to which Thomas Folliot Baugh Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Lunæ, duodecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.