Journal of the House of Lords Volume 28, 1753-1756. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Veneris, 1o Junii.
E. of Ashburnham's Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of an Estate at Bretherton, in the County of Lancaster, pursuant to the Will of John late Earl of Ashburnham, deceased, and for the Purposes therein mentioned," 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 Bill, 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."
Richardson against Goodright; Writ of Error.
Publick Highways, Preservation of, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the Amendment and Preservation of the publick Highways and Turnpike Roads of this Kingdom; and for the more effectual Execution of the Laws relating thereto."
Message to H. C. with Amendments to it.
Horned Cattle, &c. Laws to continue, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain, amend, and continue, several Laws, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle in this Kingdom; for the more effectual paying the Expenses of passing Vagrants; for obviating Doubts that may arise, touching the keeping of Prisoners until the Prison of The Marshalsea of the Court of King's Bench shall be re-built or repaired; and for amending so much of the Act of the Twenty-fourth of his present Majesty, for regulating the Commencement of the Year, and for correcting the Calendar now in Use, as relates to the Time of electing publick Officers of the City of Chester."
Message to H. C. that the Lords have agreed to it.
Six Days Work on the Highways, Bill.
The Order of the Day, for the House to be in a Committee again, to consider further of the Bill, intituled, "An Act to amend the Laws relating to the Six Days Work on the Highways; and for the better preventing Annoyances on the Highways," being read:
DIE Lunæ, 4o Junii.
Ds. Hardwicke, Cancellarius.
E. of Ashburnham's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of an Estate at Bretherton, in the County of Lancaster, pursuant to the Will of John late Earl of Ashburnham, deceased, and for the Purposes therein mentioned."
Message to H. C. that the Lords have agreed to it.
Message from thence, to return the Bill for Preservation of the Publick Highways.
To return the Bill, intituled, "An Act for the Amendment and Preservation of the publick Highways and Turnpike Roads of this Kingdom; and for the more effectual Execution of the Laws relating thereto;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
DIE Martis, 5o Junii.
Message from H. C. to return the Bill to prevent Clandestine Marriages.
To return the Bill, intituled, "An Act for the better preventing of Clandestine Marriages;" and to acquaint this House, that they have agreed to the same, with several Amendments, to which they desire their Lordships Concurrence.
Ld. Raymond takes the Oaths.
Robert Lord Raymond took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his having received the Sacrament, to the Truth whereof Witnesses were sworn and examined.
Richardson against Goodright; in Error.
The House being informed, "That John Richardson, Plaintiff in a Writ of Error brought into this House on Friday last, wherein William Goodright is Defendant, had, in Pursuance of the Order then made, assigned Errors upon the said Writ; and that the said Defendant in Error had joined Issue thereupon:"
Reflection on the Bishop of Chester: Printed News Papers complained of; and Persons to attend.
Complaint being made to the House, of a printed News Paper, intituled, "The Publick Advertiser, Tuesday, June 5th, 1753," mentioned to be "printed by W. Egelsham, at Mr. Woodfall's, the Corner of Ivy Lane, Pater Noster Row;" containing an Advertisement in the following Words; videlicet, "In a few Days will be published, A modest and decent Desence of the modern Jews, by Edmund Lord Bishop of Chester:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mr. Woodfall and W. Egelsham do attend this House To-morrow, in order to be examined in relation to the Matter of the said Complaint.
DIE Mercurii, 6o Junii.
Richardson against Goodright; in Error:
Whereas this Day was appointed, for hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House on Friday last, wherein John Richardson is Plaintiff, and William Goodright Defendant, in order to reverse a Judgement given in the Court of King's Bench for the Defendant in Error:
Judgement affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay, or cause to be paid, to the said Defendant, the Sum of One Hundred Pounds, for his Costs sustained by Reason of bringing the said Writ of Error.
Reflection on the Bishop of Chester; Publisher of the News Paper complained of, attached:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Body of the said Henry Woodfall, for his said Offence and Contempt of this House, in publishing the said Advertisement; and keep him in safe Custody, until further Order of this House; and this shall be a sufficient Warrant in that Behalf.
Another News Paper complained of, and the Printer to attend.
Complaint being made to the House, of a printed News Paper, intituled, "The Daily Advertiser, Wednesday, June 6th, 1753," mentioned to be "printed by Mathew Jenour, opposite St. Dunstan's Church, in Fleet Street," in which is contained the following Advertisement; videlicet, "In a few Days will be published, addressed to the Lord Bishop of Chester, Some free Remarks upon his Lordship's intended Defence of the modern Jews:"
Clandestine Marriages, to prevent, Bill;
"(A). Provided always, and be it Enacted, by the Authority aforesaid, That no Parson, Minister, Vicar, or Curate, solemnizing Marriages, after the Twentyfifth Day of March One Thousand Seven Hundred and Fifty-four, between Persons both or One of whom shall be under the Age of Twenty-one Years, after Banns published, shall be punishable by Ecclesiastical Censure, for solemnizing such Marriages without Consent of Parents or Guardians whose Consent is required by Law, unless such Parson, Minister, Vicar, or Curate, shall have Notice of the Dissent of such Parents or Guardians: And in case such Parents or Guardians, or One of them, shall openly and publickly declare, or cause to be declared, in the Church or Chapel where the Banns shall be so published, at the Time of such Publication, his, her, or their Dissent to such Marriage, such Publication of Banns shall be absolutely void."
"(B). Provided always, and be it Enacted, by the Authority aforesaid, That all Parishes where there shall be no Parish Church or Chapel belonging thereto, or none wherein Divine Service shall be usually celebrated every Sunday, may be deemed Extra-parochial Places for the Purposes of this Act, but not for any other Purpose.
"(C). Provided always, and be it Enacted, That, from and after the Twenty-fifth Day of March in the Year One Thousand Seven Hundred and Fiftyfour, no Surrogate, deputed by any Ecclesiastical Judge, who hath Power to grant Licenses of Marriage, shall grant any such License before he hath taken an Oath before the said Judge, faithfully to execute his Office according to Law, to the best of his Knowledge, and hath given Security, by his Bond, in the Sum of One Hundred Pounds, to the Bishop of the Diocese, for the due and faithful Execution of his said Office."
"Pr. 3. L. 26. After ["Chapel"], leave out ["as aforesaid"]; and insert ["where Banns have been usually published, unless by Special License from the Archbishop of Canterbury"]; after the Second ["or"], insert ["shall solemnize Matrimony"], leave out ["such"], and insert ["Publication of Banns unless"]; and after ["Marriage"], leave out ["as aforesaid"], and insert ["be"].
"L. 36. After ["Chapel"], insert ["unless by Special License"]; after ["or"], insert ["that shall be solemnized"]; leave out ["such"], and insert ["Publication of Banns or"]; and after ["Marriage"], insert ["from a Person or Persons having Authority to grant the same"].
"(X). Provided always, That, after the Solemnization of any Marriage under a Publication of Banns, it shall not be necessary, in Support of such Marriage, to give any Proof of the actual Dwelling of the Parties in the respective Parishes or Chapelries wherein the Banns of Matrimony were published; or where the Marriage is by License, it shall not be necessary to give any Proof that the usual Place of Abode of One of the Parties, for the Space of Four Weeks as aforesaid, was in the Parish or Chapelry where the Marriage was solemnized; nor shall any Evidence in either of the said Cases be received, to prove the contrary, in any Suit touching the Validity of such Marriage.
"L. 20. Leave out ["attested as aforesaid"], and insert ["unmarried; or, if there shall be no Mother living and unmarried, then of a Guardian or Guardians of the Person appointed by the Court of Chancery"].
"L. 4. Leave out ["Pre-contract"], and insert ["Contract"]; and after ["Matrimony"], insert [whatsoever, whether per verba de præsenti or per verba de futuro, which shall be entered into after the Twenty-fifth Day of March in the Year One Thousand Seven Hundred and Fifty-four"].
"(D) And, for preventing undue Entries and Abuses in Registers of Marriages, be it Enacted, by the Authority aforesaid, That, on or before the Twentyfifth Day of March in the Year One Thousand Seven Hundred and Fifty-four, and from Time to Time afterwards, as there shall be Occasion, the Church-wardens and Chapel-wardens of every Parish or Chapelry shall provide proper Books of Vellum, or good and durable Paper, in which all Marriages, and Banns of Marriage, respectively there published or solemnized, shall be registered; and every Page thereof shall be marked at the Top with the Figure of the Number of every such Page, beginning at the Second Leaf with Number One; and every Leaf or Page so numbered shall be ruled with Lines, at proper and equal Distances from each other, or as near as may be; and all Banns and Marriages, published or celebrated in any Church or Chapel, or within any such Parish or Chapelry, shall be respectively entered, registered, printed, or written, upon or as near as conveniently may be to, such ruled Lines, and shall be signed by the Parson, Vicar, Minister, or Curate, or by some other Person in his Presence, and by his Direction; and such Entries shall be made, as aforesaid, on or near such Lines, in successive Order, where the Paper is not damaged or decayed by Accident or Length of Time, until a new Book shall be thought proper or necessary to be provided for the same Purposes, and then the Directions aforesaid shall be observed in every such new Book; and all Books provided as aforesaid shall be deemed to belong to every such Parish or Chapelry respectively, and shall be carefully kept and preserved for publick Use.
"(E) And, in order to preserve the Evidence of Marriages, and to make the Proof thereof more certain
and easy, and for the Direction of Ministers in the
Celebration of Marriages, and registering thereof,
be it Enacted, That, from and after the Twentyfifth Day of March in the Year One Thousand
Seven Hundred and Fifty-four, all Marriages shall
be solemnized in the Presence of Two or more
credible Witnesses, beside the Minister who shall
celebrate the same; and that, immediately after the
Celebration of every Marriage, an Entry thereof
shall be made in such Register, to be kept as aforesaid, in which Entry, or Register, it shall be expressed, that the said Marriage was celebrated by
Banns or License; and, if both or either of the
Parties married by License be under Age, with Consent of Parents or Guardians, as the Case shall be;
and shall be signed by the Minister with his proper
Addition, and also by the Parties married, and attested by such Two Witnesses; which Entry shall be
made in the Form, or to the Effect following; (that
is to say,) A. B. of the
and C. D. of the
were married in this Church,
Chapel, by Banns,
with Consent of Parents,
Guardians, this Day
of in the Year by me, J. J. Rector.
"(F.) And be it further Enacted, by the Authority aforesaid, That if any Person shall, from and after the Twenty-fifth Day of March in the Year One Thousand Seven Hundred and Fifty-four, with Intent to elude the Force of this Act, knowingly and wilfully insert, or cause to be inserted, in the Register Book of such Parish or Chapelry as aforesaid, any false Entry of any Matter or Thing relating to any Marriage; or falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or act or assist in falsely making, altering, forging, or counterfeiting, any such Entry in such Register; or falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or assist in falsely making, altering, forging, or counterfeiting, any such License of Marriage as aforesaid; or utter or publish as true any such false, altered, forged, or counterfeited Register as aforesaid, or a Copy thereof, or any such false, altered, forged, or counterfeited License of Marriage, knowing such Register or License of Marriage respectively, to be false, altered, forged, or counterfeited; or if any Person shall, from and after the said Twenty-fifth Day of March, wilfully destroy, or cause or procure to be destroyed, any Register Book of Marriages, or any Part of such Register Book, with Intent to avoid any Marriage, or to subject any Person to any of the Penalties of this Act; every Person so offending, and being thereof lawfully convicted, shall be deemed and adjudged to be guilty of Felony, and shall suffer Death as a Felon, without Benefit of Clergy.
Message to H. C. that the Lords have agreed to the Amendments.
DIE Jovis, 7o Junii.
Reflection on the Bishop of Chester;
Printer of the Daily Advertiser attached.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Body of the said Mathew Jenour, for his said Offence, and Contempt of this House, in publishing the said Advertisement, and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant in that Behalf.
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 Duke of Cumberland, in his Robes, sitting in his Place on His Majesty's Left Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."
He, after a Speech to His Majesty in relation to the Money Bills ready for the Royal Assent, and other Matters, delivered the said Bills to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills to be passed, as follow;
"1. An Act for granting to His Majesty a certain Sum of Money, therein mentioned, out of the Sinking Fund; and for applying certain Surplus Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Fifty-three; and for the further appropriating the Supplies granted in this Session of Parliament; 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, and Three Pounds Ten Shillings per Centum per Annum, into the Joint Stock of Annuities; and for other Purposes therein mentioned."
"2. An Act for continuing several Laws, relating to the Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; to the Drawback of the Duties upon Copper Bars exported; and to the Duties upon Foreign-made Sail Cloth; and also for Encouragement of the Silk Manufactures; and for taking off several Duties on Merchandizes exported; and for encouraging the Trade of the Sugar Colonies in America; and for vacating the Security for the Duty on Salt lost in any River, or in Port, after shipped, and for enlarging the Time for proving the Loss of Salt; and for Relief of Masters of Ships, with respect to the Importation of Soap and Candles contrary to an Act made in the Twenty-third Year of His Majesty's Reign; and also for the more effectual Payment of the Bounties upon British-made Sail Cloth; and to empower the Commissioners of the Treasury to direct the Payment of the Bounty to John Henniker and others, upon Four Ships fitted out for the Whale Fishery, and lost in The Greenland Seas; and also to Philip How and others, upon Two Ships employed in the said Fishery, notwithstanding some of the Forms required by Law in fitting out such Ships were not complied with."
"4. An Act to explain, amend, and continue, several Laws, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle in this Kingdom; for the more effectual paying the Expenses of passing Vagrants; for obviating Doubts that may arise, touching the keeping of Prisoners until the Prison of The Marshalsea of the Court of King's Bench shall be re-built or re-paired; and for amending so much of the Act of the Twentyfourth of His present Majesty, for regulating the Commencement of the Year, and for correcting the Calendar now in Use, as relates to the Time of electing publick Officers of the City of Chester."
"5. An Act for purchasing of the Museum, or Collection, of Sir Hans Sloane, and of the Harleian Collection of Manuscripts; and for providing One general Repository for the better Reception and more convenient Use of the said Collections, and of the Cottonian Library, and of the Additions thereto."
"6. An Act to render more effectual an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for providing a publick Reward for such Person or Persons as shall discover the Longitude at Sea, with regard to the making Experiments of Proposals made for discovering the Longitude; and to enlarge the Number of Commissioners for putting in Execution the said Act."
"7. An Act to explain, amend, and continue, the Provisions made by Two Acts of Parliament, of the Nineteenth and Twenty-first Years of His Majesty's Reign, for the more effectual disarming The Highlands in Scotland; and to make Provision for the more speedy ascertaining the lawful Debts or Claims upon the Lands and Hereditaments that sometime belonged to Alexander Robertson of Strowan, which, with other Forfeited Estates, are, by an Act of the Twenty-fitfth Year of His Majesty's Reign, annexed to the Crown unalienable."
"10. An Act to confirm certain Acts and Orders, made by Justices of the Peace, being of the Quorum, notwithstanding any Defect in not expressing therein that such Justices of the Peace are of the Quorum."
"11. An Act for the preventing of the Inconveniencies and Dangers that may arise from the present Methods of digging Gravel, Sand, Stone, Chalk, and other Materials, on the several Commons and Waste Grounds within this Kingdom, for the Repair of the Highways, and for other Purposes."
"15. An Act to enable James Mallors to open a Street, from the West Side of King Street, in the Parish of Saint Margaret; in the City of Westminster, to the Back Part of the Houses, Gardens, and Yards, on the West Side of Delahaye Street, in the same Parish; and for other Purposes therein mentioned."
"16. An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, on every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Paisley and Liberties thereof, in the County of Renfrew, for improving the Navigation of the River Cart; and for other Purposes."
"17. An Act for repairing and widening the several Roads in the County of Peebles, leading from Tweedscross towards the City of Edinburgh, by Blyth Bridge, La Mancha, and Wheam, and by Linton and Carlops, and from Ingleston, through Carlops, until all the said Roads join the Limits of the County of Edinburgh."
"18. An Act for repairing, amending, and widening, the several Roads leading from The Red Post, in the Parish of Fivehead, through the Towns of Langport and Somerton, to Butwell; and also from Curry Rivell to Puckington Lane, and from Cary Bridge to Street Cross, in the County of Somerset."
"19. An Act to explain and amend an Act passed in the Twentieth Year of His present Majesty's Reign, intituled, An Act for repairing the Road leading from Catherick Bridge in the County of York, to Yarm in the said County, and from thence to Stockton in the County of Durham; and from thence, through Sedgefield in the said County of Durham, to the City of Durham."
"21. An Act for confirming and establishing a Partition of several Manors, Lands, and Hereditaments, in the County of York, belonging to Sir Cyril Wich Baronet, Elizabeth Willson, and Mary Turton, respectively; and a Settlement made thereof for the Benefit of the several Parties entitled to the several undivided Shares thereof before such Partition."
"23. An Act for Sale of the undivided Moieties of divers Manors, Lands, and Hereditaments, in the County of Suffolk, the settled Estate of Matthew Manning Doctor in Physick, for raising Money, to discharge a Mortgage Debt affecting the same; and for laying out the Surplus thereof in the Purchase of other Lands and Hereditaments, to be settled to the Uses therein mentioned."
"24. An Act for vesting the Parts or Shares late belonging to Benjamin Brain Merchant, deceased, of and in One Twenty-fourth Part of the Eastern Division of the Province of New Jersey, in America, in Trustees, to be sold, for the Purposes therein mentioned."
"25. An Act for vesting the Advowson of Long Ditton, in the County of Surry, in Trustees, to be sold; and for laying out the Money arising by such Sale in the Purchase of Lands, to be settled to the same Uses; and for other Purposes therein mentioned."
"26. An Act for vesting the Estate late of William Rawstorn Esquire, at Basseldon, in the County of Berks, in Trustees, to sell the same; and to lay out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Will."
"27. An Act to enable John Craigie of Dumbernie Esquire to sell Lands in the County of Perth; and lay out the Money arising thereby in the Purchase of Lands contiguous to other Lands of the said John Craigie, in the County of Fife; and for other Purposes therein mentioned."
"28. An Act to empower William Hunt Grubbe Esquire to make Leases of certain Estates in the County of Wilts; and for vesting the Monies arising by Fines to be received for such Leases in Trustees, for the Purposes therein mentioned."
"29. An Act for vesting certain Lands and Hereditaments, Part of the settled Estate of Valentine Knightley Esquire, in the County of Northampton, in the said Valentine Knightley and his Heirs; and for settling other Estates in the same County, of greater Value, in Lieu thereof."
"30. An Act for confirming the Will of Littleton Pointz Meynell Esquire, deceased; and for making Provision for Godfrey Meynell Esquire his Eldest Son and Heir, and Judith Meynell his Daughter; and for enabling Huge Meynell Esquire, his Second Son and Devisee, to make a Jointure during his Minority; and for settling the Estates of the said Littleton Pointz Meynell to the Uses therein mentioned."
"31. An Act for raising Money, by Sale of the Estates late of Hugh Fowler of Robestone in the County of Pembroke Esquire, deceased, to discharge the Debts and Encumbrances affecting the same; and for making a Partition of such Estates, or so much thereof as shall not be sold, for the Purposes aforesaid."
"33. An Act to enable the Commissioners for executing the Office of Treasurer of His Majesty's Exchequer, or the Lord High Treasurer, for the Time being, to compound with John Philpot and John Hutchinson, and their Sureties, a Debt due to the Crown, for Customs for Tobacco."
His Majesty's Speech.
"The Season of the Year is so far advanced, and the Business before you so entirely finished, that it is necessary to put an End to this Session of Parliament. The Zeal which you have shewn for My Person and Government, in all your Proceedings, calls for My sincere Thanks: And the Care and Assiduity you have exerted, in making such Provisions as may advance the Commerce of My Subjects, supply and extend their Manufactures, and put a Stop to some Disorders that required Reformation, are no less agreeable to Me, than they are Proofs of your Prudence, in laying hold of this Time of Tranquillity, to make domestick Improvements.
"The State of Foreign Affairs has received no material Alteration since your Meeting. You may depend on My steadily pursuing the same Principles and Ends which I then declared to you. To preserve the Peace, to consult the real Prosperity of My People, and at the same Time to assert and maintain the Honour and just Right of My Crown and Kingdoms, are the fixed Objects of all My Measures.
"In granting the Supplies for the current Year, you have equally shewn your Concern for the Publick Service, and your Regard to the Ease of your Fellow Subjects: I thank you for both, as well as for providing with so much Foresight for the future Augmentation of the Sinking Fund.
"I have nothing to desire of you but what I am persuaded you wish for yourselves. Do your utmost Endeavours, in your several Countries, to promote the true Interest and Happiness of My People, to propagate Industry, and to preserve good Order and Regularity amongst them. Make them sensible of the Blessings they enjoy: And by these Means the Quiet and Security of My Government will be best established."
"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Tuesday the Fourteenth Day of August next, to be then here held: And this Parliament is accordingly prorogued to Tuesday the Fourteenth Day of August next.