House of Lords Journal Volume 27: January 1752, 11-20

Journal of the House of Lords Volume 27, 1746-1752. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 27: January 1752, 11-20', in Journal of the House of Lords Volume 27, 1746-1752, (London, 1767-1830) pp. 622-625. British History Online https://www.british-history.ac.uk/lords-jrnl/vol27/pp622-625 [accessed 19 April 2024]

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In this section

January 1752, 11-20

DIE Lunæ, 13o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Epus Roffen.
Epus Bath & Wells.
Epus Meneven.
Epus Carliol.
Epus Litch & Cov.
Epus Bristol.
Ds Hardwicke, Cancellarius
Dux Marlborough, Senescallus.
Dux St Albans.
Dux Newcastle
Dux Portland
March Tweeddale.
March Rockingham.
Comes Derby
Comes Warwick
Comes Shaftesbury
Comes Holdernesse
Comes Home.
Comes Loudoun
Comes Hyndford.
Comes Halifax
Comes Pomfret
Comes Fitzwilliam
Viscount Fauconberg.
Ds Willoughby Br.
Ds Willoughby Par.
Ds Strange
Ds Sandys.
Ds Anson.
Ds. Vere.

PRAYERS.

D of Marlborough takes the Oaths.

Charles Duke of Marlborough took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Adjuration, pursuant to the Statutes, his Grace having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

His Majesty's Answer to Address of Condolance.

The said Duke, Lord Steward, reported, "That the Lords with White Slaves had (pursuant to the Order on Thursday last) presented to His Majesty the Address of Condolance, upon the Death of the Queen of Denmark, and that His Majesty was pleased to say, He thanked the House of Lords, for the kind Concern they expressed for the great Loss which He had sustained, and had the justest Sense of this fresh Mark of their Zeal and Duty to Him, and of their Affection for His Family"

Robelon, Petition for a Nat Bill.

Upon reading the Petition of Jane Magdalen Robelon, praying Leave to bring in a Bill for her Naturalization.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Bill read.

Accordingly the Duke of Portland presented to the House a Bill, intituled, "An Act for naturalizing Jane Magdalen Robelon"

And the same was read the First Time.

E Kildare against Mac Roberts & al.

Upon reading the Petition and Appeal of James Earl of Kildare in the Kingdom of Ireland, Viscount Leinster in the Kingdom of Great Britain, complaining of an Order of the Lord Chancellor of Ireland, made the 21st of December last, in certain Causes, wherein the Petitioner was Plaintiff, and James Mac Roberts and Moore Disney Esquire were Defendants, and wherein the said James Mac Roberts was Plaintiff, and the said Earl Defendant, and praying, "That the said Order may be reversed and set aside, and that, in Lieu thereof, such other Order may be made, for the Petitioner's Relief, as the Nature and Circumstances of the Case may require, and as to this House in their great Wisdom shall seem meet"

It is Ordered, That the said James Mac Roberts and Moore Disney may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 17th Day of February next, and that Service of this Order on then Clerk in Court be deemed good Service.

E. Kildare against Higginbotham & al.

Upon reading the Petition and Appeal of James Earl of Kildare of the Kingdom of Ireland, Viscount Leinster in the Kingdom of Great Britain, complaining of an Order of the Lord Chancellor of Ireland, of the 21st of December last, made in certain Causes, wherein the Petitioner was Plaintiff, and John Higginbotham and Moore Disney were Defendants, and wherein the said John Higginbotham was Plaintiff, and the said Earl Defendant, and praying, "That the said Order may be reversed and set aside, and that, in Lieu thereof, this House will be pleased to make such other Order for the Petitioner's Relief as the Nature and Circumstances of the Case may require, and as to their Lordships in their great Wisdom shall seem meet"

It is Ordered, That the said John Higginbotham and Moore Disney may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 17th Day of February next, and that Service of this Order on their Clerk in Court be deemed good Service.

African Company, Creditors further Report.

The House being informed, "That the Commissioners for examining into the Claims of the Creditors of the Royal African Company of England, attended."

They were called in, and delivered, at the Bar, pursuant to an Act of the last Session of Parliament, intituled, "An Act for allowing further Time to the Commissioners appointed by, and in Pursuance of, an Act of the 23d Year of His present Majesty's Reign, intituled, "An Act for extending and improving the Trade to Africa," to inquire into the Claims of certain Creditors of the Royal African Company, therein mentioned, and for the Relief of David Crichton, and for restraining the said Company from disposing of such of their Effects as are therein mentioned, and for staying all Suits for Money due from or on the account of the said Company, during the Time therein mentioned,

"The further Report of the said Commissioners"

And then they were directed to withdraw.

And the Title thereof being read, by the Clerk.

Ordered, That the same do lie on the Table.

Degen's Nat Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Francis Degen"

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

L Steward
D St Albans
D Newcastle
D Portland
M Tweeddale
M. Rockingham
E Derby
E Warwick
E Shaftesbury
E Holdernesse.
E Home
E Loudoun
E Hyndford
E Halifax
E Pomfret
E Fitzwilliam
Viscount Fauconberg Wells
L. Archbp York
L Bp Rochester
L Bp Bath &
L Bp St Davids.
L Bp. Carlisle
L. Bp. Litch & Cov
L Bp. Bristol.
L Willoughby, Par
L Strange
L. Sandys
L Anson.
L Vere

Their Lordships, or any Five of them; to meet on Thursday next, at the usual Time and Place, and to adjourn as they please.

Adjourn.

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

DIE Jovis, 16o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch. Ebor
Epus Roffen
Epus Glocestr.
Epus Oxon.
Epus Cicestriens.
Epus Sarum
Epus Bath & Wells
Epus. Lincoln
Epus Meneven
Epus Hereford
Epus Exon
Epus. Carliol.
Epus Petriburg
Epus Bangor
Epus. Landavens
Epus Norwic
Epus. Litch & Cov
Epus. Bristol
Ds Hardwicke, Cancellarius
Comes Granville, Præses
Comes Gower, C P S
Dux Marlborough, Senescallus
Dux Grafton, Camerarius
Dux St Albans.
Dux Bedford.
Dux Devon
Dux Gordon
Dux Argyll
Dux Newcastle.
Dux Portland
March Tweeddale.
March Rockingham
Comes Derby
Comes Lincoln
Comes Northampton
Comes Warwick.
Comes Winchilsea
Comes Chesterfield
Comes Thanet
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Berkeley
Comes Holdernesse
Comes Coventry.
Comes Jersey
Comes Home
Comes Loudoun
Comes Hyndford.
Comes Strafford
Comes Tankerville.
Comes Sussex.
Comes Cowper.
Comes Waldegrave.
Comes Fitzwalter.
Comes Ashburnham.
Comes Bath.
Comes Portsmouth.
Comes Bucks.
Comes Fitzwilliam.
Comes Northumberland
Comes Egremont.
Comes Harcourt.
Comes Hertford.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Folkestore.
Ds Willoughby Br.
Ds Willoughby Par.
Ds Cavendish.
Ds Strange
Ds Berkeley
Ds Hay
Ds Foley
Ds Bathurst.
Ds. Onslow.
Ds. Romney.
Ds Cadogan
Ds Raymond.
Ds Montfort.
Ds Edgecumbe.
Ds Sandys
Ds Anson.
Ds Vere

PRAYERS.

Robelon, Nat. Bill.

Jane Magdalen Robelon took the Oaths appointed, in order to her Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Jane Magdalen Robelon'

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

L. Steward.
L Chamberlain.
D St Albans.
D Devon
D Argyll
D Portland.
M Tweeddale
M Rockingham.
E. Derby
E. Warwick
E. Winchilsea.
E. Thanet.
E Sandwich.
E Shaftesbury.
E Coventry.
E. Hyndford.
E. Cowper.
E Bath
E. Fitzwilliam.
E Egremont.
E. Harcourt.
E Hertford.
Viscount Fauconberg.
Viscount Falmouth.
L. Abp. Cant.
L. Abp. York.
L Bp Rochester.
L. Bp. Oxford.
L Bp Sarum.
L Bp St Davids.
L Bp Norwich.
L. Bp. Bristol.
L. Willoughby Br.
L. Willoughby Par.
L Cavendish.
L. Hay.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Raymond.
L Montfort.
L. Sandys.
L. Anson.
L. Vere.

Their Lordships, or any Five of them, to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.

Degen's Nat. Bill.

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

Orphans Fund, Accomit delivered.

The House being informed, "That the Chamberlain of the City of London attended"

He was called in, and delivered, at the Bar, pursuant to an Act of Parliament, 21o George 2d1,

"An Accompt of the State of the Fund for the Relief of the Orphans and other Creditors of the City of London, at Midsummer 1751."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk.

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

D of Devonshire Petition referred to Judges.

Upon reading the Petition of William Duke of Devonshire, praying Leave to bring in a Bill, to enable him to make Provision for his Younger Sons, out of his Estate in Huntingdonshire, Doubts having arisen, whether, by the Settlement made on the Marriage of his Eldest Son, the Petitioner has Power so to do.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr Baron Clive, with the usual Directions, according to the Standing Order.

L Blantyre's Petition referred to Judges.

Upon reading the Petition of William Lord Blantyre, praying Leave to bring in a Bill, to enable him, or his Heirs and Successors in an entailed Estate in Scotland, in the Petition mentioned, to alienate, by Way of Exchange, or Excambion, at the Sight of the Court of Session, Parts of the said Estate, for other Lands of equal Extent or Value, in the Petition also mentioned, for the Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr Justice Burnett, with the usual Directions, according to the Standing Order.

Pitt & al Petition referred to Judges.

Upon reading the Petition of Rowland Pitt Esquire, Barbara Lady Mansel Widow and Relict of Bussy late Lord Mansel, deceased, on Behalf of herself, and as Mother and Guardian to Louisa Barbara Mansel, an Infant of the Age of Eighteen Years, and of John Talbot Esquire, and of William Earl of Jersey, on Behalf of George Bussy Villiers, called Lord Villiers, his only Son, an Infant of the Age of Sixteen Years, praying Leave to bring in a Bill, for rendering a Lease or Grant to the Petitioner Pitt, for free Liberty to build a Wear on the West Side of Neath River, in the County of Glamorgan, in the Petition mentioned, and the Conditions and Agreements in the said Grant expressed, valid and effectual to all Intents and Purposes.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Gundry and Mr Baron Smyth, with the usual Directions, according to the Standing Order.

Ryley & al Petition referred to Judges.

Upon reading the Petition of Mary Ryley Widow and Relict of Philip Reginald Ryley Esquire, deceased, on Behalf of herself and Philip Kemsey Ryley her only Son an Infant, under the Age of Sixteen Years, and of James Taylor Clerk and Penclope his Wife, on Behalf of themselves and of Mary Baylis, otherwise Randal, an Infant of the Age of Seventeen Years, praying Leave to bring in a Bill, for Sale of certain Estates in the County of Norfolk, settled on the Marriage of the said Philip Reginald Ryley, and for carrying several Contracts and Agreements in the Petition mentioned, for the purchasing and settling other Estates, into Execution,

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 Clive, with the usual Directions, according to the Standing Order.

Bangham et al. referred to Judges.

Upon reading the Petition of Edward Bacon, of Erleham in the County of the City of Norwich, Esquire, praying Leave to bring in a Bill, to enable him to settle an Estate in the County of Norfolk, in Lieu of another Estate, in the County of Oxford, devised by the Will and Codicil of Nathaniel Bacon, deceased, his late Brother, and making a proposed Exchange, in the Petition mentioned, effectual:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Birch, with the usual Directions, according to the Standing Order.

Bangham & al Petition referred to Judges.

Upon reading the Petition of Edward Bangham Esquire, Committee of the Estate of William Barnesley Esquire, a Lunatick, praying Leave to bring in a Bill, for vesting all the Real Estates whereof William Barnesley, late of Earldisley Park in the County of Hereford Esquire, died seised, in Trustees, for raising a Sum of Money, in the Petition mentioned, out of the said Estates, in Trust, for the said Lunatick, his Heirs and Assigns for ever.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clive and Mr Baron Legge, with the usual Directions, according to the Standing Order.

Attestation of Devises of Real Estates, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the Amendment of the Law relating to the Attestation of Devises of Real Estates"

After Debate,

Ordered, That the House be put into a Committee thereupon, on Tuesday next, the Lords to be summoned, and the Judges to attend.

Treaty with Poland laid before the House.

The Duke of Newcastle (by His Majesty's Command) presented to the House,

"Copy of a Treaty, between His Majesty the King of Great Britain, their High Mightinesses The States General of the United Provinces of the Law Countries on the one Part, and His Majesty the King of Poland, Elector of Saxony on the other Part, concluded at Dresden, September the 13th, 1751, N S and Translation."

And the Title thereof being read by the Clerk.

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

Adjourn.

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

DIE Lunæ, 20o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Wigorn.
Epus Asaphen.
Epus Litch & Cov
Epus. Bristol.
Ds. Hardwicke, Cancellarius
Comes Gower, C P. S
Dux Bedford.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Holdernesse.
Ds. Willoughby Par.
Ds Bathurst.
Ds. Onslow.
Ds. Sandys.

PRAYERS.

Miller, Leave for a Nat Bill.

Upon reading the Petition of John Matthias Miller; praying Leave to bring in a Bill, for his Naturalization.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Bill read.

Accordingly the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing John Matthies Miller"

And the same was read the First Time.

Degen's Nat Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Francis Degen"

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 it.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Montagu

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

Sheppard's Shord Road, repairing, Bill.

A Message was brought from the House of Commons, by the Lord Dupplin and others.

With a Bill, intituled, "An Act to continue and make more effectual an Act passed in the Second Year of the Reign of His present Majesty, for repairing the Highways between Sheppard's Shord and Horseley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other rumous Parts of the Highways thereunto adjacent," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Treaty with Poland to be considered.

Ordered, That the Treaty laid before this House, by His Majesty's Command, on Thursday last, between His Majesty the King of Great Britain, their High Mightinesses The States General of the United Provinces of the Low Countries, on the one Part, and His Majesty the King of Poland, Elector of Saxony, on the other Part, concluded at Dresden, September the 13th, 1751, N. S. be taken into Consideration To-morrow Sevennight, and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.