House of Lords Journal Volume 17: 2 March 1702

DIE Lunæ, 2 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commission for passing Bills.

The Lord Keeper signified to the House, "That His Majesty had commanded a Commission to be issued out, under the Great Seal of England, for giving His Royal Assent to several Bills agreed on by both Houses."

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

Then the Lords Commissioners; (videlicet,) the Lord Keeper of the Great Seal of England; on whose Right Hand sat the Lord President and Earl Marshal; and on his Left Hand the Lord Steward, Lord Chamberlain, and Earl of Manchester Secretary of State; on a Form placed across the House, between the Throne and the Woolsack; gave Order to the Deputy Gentleman Usher of the Black Rod, to signify to the House of Commons, "That the King had granted a Commission, under the Great Seal of England, for giving the Royal Assent to those Bills which have been agreed to by both Houses of Parliament; and the Lords commissioned by the King do desire that they would presently come up, with their Speaker, to be present at the passing thereof."

The Lords were in their Robes.

Then the Commons being come, with their Speaker; the Lord Keeper made a short Introduction, as follows; (videlicet,)

"My Lords; and you the Knights, Citizens, and Burgesses, in Parliament assembled;

"His Majesty, by an unhappy Accident, being prevented from coming hither in His own Person, to pass the several Bills agreed on by both Houses, has commanded a Commission under His Great Seal to be made out, by which He has given His Royal Assent to the said Bills; and hath thereby also empowered and commissionated several Lords in the said Commission named, to declare and notify to both Houses such His Assent to the said Bills; which Commission we desire may be openly read to you."

Then the Clerk of the Parliaments received the Commission from the Lord Keeper on his Knee, and brought it to the Table.

Where the same was read, in bæc verba; (videlicet,)

"William R.

"William the Third by the Grace of GOD of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Wellbeloved the Lords, and to Our Right Trusty and Wellbeloved the Knights, Citizens, and Burgesses, the Commons in this present Parliament assembled; Greeting. We have seen, and perfectly understood, an Act, intituled, "An Act for the Attainder of the pretended Prince of Wales, of High Treason;" and also one other Act, intituled, "An Act for punishing of Officers and Soldiers that shall mutiny or desert, in England or Ireland;" and also one other Act, intituled, "An Act for continuing an Act, intituled, An Act that the solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in the usual Form;" and also one other Act, intituled, "An Act to naturalize Charlotte the Wife of Hugh Boscawen Esquire;" annexed and affixed to these Presents, and agreed and accorded on by you Our Loving Subjects, the Lords and Commons in this Our present Parliament assembled, and endorsed by you as hath been accustomed: And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto; yet nevertheless the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as We are hindered by an unhappy Accident, and cannot conveniently at this present be Personally in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons; We have therefore caused these Our Letters Patents to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained; and have fully agreed and assented to the said Acts; willing that the said Acts, and every Article, Clause, Sentence, and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been Personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same; and We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and the Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, as well Our Keeper of Our Great Seal of England, and Our Right Trusty and Right Well-beloved Cousins and Counsellors Charles Duke of Somerset President of Our Council, Thomas Earl of Pembroke & Montgomery Lord High Admiral of England, William Duke of Devonshire Steward of Our Household, Charles Earl of Carlisle Earl Marshal of England, Charles Earl of Manchester One of Our Principal Secretaries of State, and Edward Earl of Jersey Chamberlain of Our Household, or any Two or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same; and also to enroll these Our Letters Patents and the said Acts in the Parliament Roll; and these Our Letters Patents shall be to every of them a sufficient Warrant in that Behalf: And finally We declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, that then immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament, in Law, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary. In Witness whereof, We have caused these our Letters to be made Patents.

"Witness Ourself, at Westminster, the Second Day of March, in the Fourteenth Year of our Reign.

"Per ipsum Regem, propria Manu signat.

"WRIGHTE."

Then the Lord Keeper said,

Bills passed.

"My Lords and Gentlemen,

"In Obedience to His Majesty's Command, and by Virtue of His Commission, which has been now read; we, Six of the Commissioners therein named, do declare and notify to you the Lords Spiritual and Temporal and Commons in Parliament assembled, That His Majesty has given His Royal Assent to the several Acts in the said Commission mentioned, and thereto annexed, agreed on by both Houses of Parliament; and the Clerks are required to pass the same in their accustomed Form and Words."

Then the Clerk of the Crown read the Titles of the several Bills following; (videlicet,)

"1. An Act for the Attainder of the pretended Prince of Wales, of High Treason."

"2. An Act for punishing Officers and Soldiers who shall mutiny or desert, in England or Ireland."

"3. An Act for continuing an Act, intituled, An Act, That the solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form."

To which the Clerk of the Parliaments pronounced the Royal Assent severally, in these Words; (videlicet,)

"Le Roy l' veult."

"4. An Act for naturalizing Charlotte the Wife of Hugh Boscawen Esquire."

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

"Soit fait come il est desiré."

Which being done; the Lord Keeper declared, "This was all the Commissioners had to do by Virtue of this Commission."

And then the Commons withdrew.

The Lords unrobed, and the Lord Keeper; and then the Lord Keeper came back to the Woolsack; and the House proceeded to the Business of the Day.

Sir Peter Tytrill's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest the Manors of Hanslopp and Castle Thrupp, and all other the Lands of Sir Peter Tyrrill Baronet, and Thomas Tyrrill Esquire his Son, in the Parishes of Hanslopp and Castle Thrupp, in the County of Bucks, in Trustees, to sell Part thereof, for Payment of Debts; and to settle other Lands, of an equal Value, in the Parishes aforesaid, to the same Uses."

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

Their Lordships, or any Five of them; to meet on Tuesday the Eleventh Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. to return the E. of Orrery's Bill.

A Message was brought from the House of Commons, by Sir Henry Dutton Colt and others:

To return the Bill, intituled, "An Act for enabling Lionel Earl of Orrery in the Kingdom of Ireland, by Sale of certain Lands and Tenements, to raise Money for Payment of his Debts, and settle other Lands to the Uses and Purposes in this Act mentioned;" to which they have agreed, with One Amendment, whereunto they desire the Concurrence of this House.

Which Amendment was read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Sir Basil Firebrace versus Moore.

Whereas there is an Appeal depending in this House, wherein Sir Basil Firebrace is Appellant, and Arthur Moore Respondent, to which the Respondent hath this Day answered:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Ninth Day of this Instant March, at Eleven a Clock in the Forenoon.

E. Abingdon takes the Oaths.

This Day Montagu Earl of Abingdon took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Batchelor to attend, for detaining the E. of Scarborough's Horse.

The House being this Day informed, upon Oath, That John Batchelor doth detain a Horse belonging to the Earl of Scarbrough, a Peer of this Realm; and hath absconded himself, so that the said Earl cannot get his Horse by due Course of Law:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Batchelor shall and he is hereby required to attend this House on Saturday next, at Eleven a Clock; and hereof he may not fail, as the contrary will be answered to this House.

Wentworth versus Ld. Raby:

After hearing Counsel, upon the Petition and Appeal of the Honourable Thomas Wentworth Esquire, from several Decrees, Orders, and Reports, thereupon made, in the Chancery of Ireland, in a certain Cause there depending, wherein the said Appellant and others, the Executors of the Right Honourable William Earl of Strafford, the Appellant's late Uncle, were Complainants, against the Right Honourable Thomas Lord Raby and Mrs. Anne Wentworth, and others, Defendants; and praying Relief, against the Order of the Judges, Commissioners of the Court of Chancery, of the One and Twentieth of February One Thousand Seven Hundred; as also former Orders in the Appeal mentioned, of the Fifteenth of July and the One and Twentieth of November One Thousand Six Hundred Ninety-nine, and the Nine and Twentieth of November and the Thirteenth of January One Thousand Seven Hundred, made by the Lord Chancellor Methwen, and the Masters Reports thereupon; which the Petitioner conceives are erroneous; and from and against so much and such Parts of the said several Orders, and Reports grounded thereupon, as hinder and restrain the Petitioner from raveling into the Considerations of the Eleven Deeds of Mortgage, and from assigning and rectifying the Errors and Falsifications in the Writing mentioned in the said Appeal, delivered by Sir William Wentworth, containing the Particulars of and for which the Considerations of the said several Deeds were and are made up, and which direct the Payment of Interest upon Interest; and whereby the Sums of Twenty Pounds, and Two Hundred Forty-nine Pounds, Five Shillings, and Four Pence, are disallowed to the Petitioner; and which direct the Payment of the Rents and Profits of the Petitioners Estate into Court, and which tend to excuse the Respondents from discounting and allowing for the Monies received by Sir William Wentworth, from the Times of the Receipt thereof; as also hearing Counsel, upon the Answer of Thomas Lord Raby and Anne Wentworth his Sister put in thereunto; and due Consideration had thereof:

Judgement affirmed.

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said Thomas Wentworth shall be, and is hereby, dismissed this House; and that so much of the Decrees, Orders, or Reports, as are therein complained of, shall be, and they are hereby, affirmed.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Henry Bunbury and others:

Who brought up a Bill, intituled, "An Act for reviving the Act, intituled, "An Act for exempting Apothecaries from serving the Offices of Constable, Scavenger, and other Parish and Ward Offices, and from serving upon Juries;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.