House of Lords Journal Volume 18: 23 March 1709

DIE Mercurii, 23 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Frere versus Boteler.

After hearing Counsel, upon the Petition and Appeal of Susanna Frere Widow, against a Decree made in the Court of Chancery, the Eighteenth Day of December One Thousand Seven Hundred and Seven, in a Cause wherein Mirable Boteler Widow was Complainant, against the Petitioner and John Bretton and others Defendants; praying, "That the said Decree may be reversed and set aside:" As also upon the Answer of Mirable Boteler Widow put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Susanna Frere shall be, and is hereby, dismissed this House; and that the Decree therein complained of shall be, and is hereby, affirmed.

Parochial Libraries, Bill.

The Earl of Derby reported from the Lords Committees, the Bill, intituled, "An Act for the better Preservation of Parochial Libraries, in that Part of Great Britain called England."

Ordered, That the said Bill be re-committed to the same Committee as before; who are to fit To-morrow.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Pocklington and others:

Who brought up a Bill, intituled, "An Act for redressing and preventing several Frauds and Practices relating to Her Majesty's Duties upon Stamped Vellum, Parchment, and Paper; and regulating the Clerks and Attornies of the Courts of Queen's Bench and Common Pleas at Westminster;" to which they desire the Concurrence of this House.

Dean of Windsor's Bill.

The Lord Bishop of Norwich reported from the Lords Committees, the Bill, intituled, "An Act for annexing the Rectory or Parsonage of Haseley, in the County of Oxon, to the Deanry of Windsor; and for vesting the Rectory and Parochial Church of St. Mary, alias North Church, Barkamstead, in the County of Hertford, in the Dean and Canons of Her Majesty's Free Chapel of St. George, within Her Castle of Windsor, in Lieu thereof," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Commission for passing Bills.

The Lord Chancellor acquainted the House, "That Her Majesty was pleased to grant a Commission to the Lord Archbishop of Canterbury, the Lord High Treasurer, and other Lords in the said Commission named, for passing several Acts therein mentioned."

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

Then Six of the Lords Commissioners, in their Robes, being seated on a Form placed between the Throne and the Woolsack; the Lord Chancellor in the Middle; the Lord Archbishop of Canterbury, the Lord High Treasurer, and the Duke of Somerset, on his Right Hand; and the Lord Privy Seal and the Earl of Sunderland on his Left; commanded the Deputy Gentleman Usher of the Black Rod to go to the House of Commons, and desire their Attendance, presently, in the House of Peers.

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords and Gentlemen,

"Her Majesty, not thinking fit to be Personally present in Parliament, has been pleased to issue Her Commission, to authorize the Lords empowered to hold this Parliament, to declare and notify to both Houses Her Royal Assent to several Bills passed both Houses, in the said Commission mentioned; which Commission we desire may be read."

Then the Commission was read, as follows; (videlicet,)

"ANNE R.

Anne, by the Grace of God, of Great Britain, France, and Ireland, Queen, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen, and perfectly understood, divers and sundry Acts, annexed and affiled to these Presents, agreed and accorded on by you Our Loving Subjects the Lords Spiritual and Temporal and the Commons in this Our present Parliament assembled, and endorsed by you, as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act for punishing Mutiny and Desertion, and false Musters, and for the better Payment of the Army and Quarters:" "An Act for explaining and making more effectual that Part of an Act, passed in the Fifth Year of Her present Majesty's Reign, concerning the buying and selling of Cattle in Smithfield; and for giving Leave for bringing up Calves dead to London, as formerly:" "An Act for naturalizing Foreign Protestants:" "An Act for continuing an Act, made in the Seventh and Eighth Years of the Reign of His late Majesty King William, intituled, An Act for the repairing the Highways between Wymondham and Attleborough, in the County of Norfolk; and for including therein the Road leading from Wymondham to Hethersett, over the Commons belonging to the said Towns:" "An Act for preserving and enlarging the Harbour of Whitehaven, in the County of Cumberland:" "An Act for building a Church, or Chapel, in the Town of Manchester, in the County of Lancaster:" "An Act to enable Anne Crewe (late Offley) Widow, and John Crewe (late Offley) her Son and Heir Apparent, to change their Surnames from Offley to Crewe, according to the Settlement of John Crewe Esquire, deceased:" "An Act for vesting in Trustees the Reversion of several Lands and Tenements, expectant on Leases for Lives, the Estate of Hugh Stafford, of Pynes, in the County of Devon, Esquire, to be sold, for Payment of Debts; and, by discharging his Power of leasing, to secure other Lands, to come into Possession to his Son, in Lieu thereof:" "An Act to enable William Collins Clerk, Thomas Parrat and William Day Gentlemen, to dispose of certain Lands, for the Payment of the Debts of John Granger; and for making of Provision for the Widow and Younger Children of Nicholas Granger, his late Father, deceased:" "An Act for further enabling George Penne Esquire to sell Lands, for the Payment of his Debts, by enlarging a Trust for that Purpose, contained in a former Act, intituled, An Act for enabling George Penne Esquire to sell Lands, for the Payment of his Debts, and other Purposes therein mentioned:" "An Act for naturalizing Lewis de Rosset, Peter Brozet, and others:" 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, for divers great and urgent Causes and Considerations, We 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, Our Right Trusty and Well-beloved Counsellor William Lord Cowper Our Chancellor of Great Britain to seal these Our Letters Patents with Our Great Seal of Great Britain; and also commanding the most Reverend Father in God and Our Right Trusty and Well-beloved Counsellor Thomas Lord Archbishop of Canterbury Primate and Metropolitan of all England, Our said Chancellor of Great Britain, Our Right Trusty and Right Wellbeloved Cousin and Counsellor Sidney Earl of Godolphin Our High Treasurer of Great Britain, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Newcastle Our Keeper of Our Privy Seal, William Duke of Devonshire Our Steward of Our Household, Charles Duke of Somerset Our Master of Our Horse, John Duke of Marlborough, and Our Right Trusty and Right Wellbeloved Cousins and Counsellors Thomas Earl of Pembroke and Montgomery Our High Admiral of Great Britain, and Charles Earl of Sunderland One of Our Principal Secretaries of State, or any Three 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 enrol 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 We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, that then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament and Laws, 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 thereof, notwithstanding: And whereas, by Our Letters Patents, bearing Date at Westminster, the Fifteenth Day of November last past, We did give and grant unto the said Archbishop of Canterbury, Our High Chancellor of Great Britain, Our High Treasurer of Great Britain, Our Keeper of Our Privy Seal, Our Steward of Our Household, Our Master of Our Horse, John Duke of Marlborough, Thomas Earl of Pembroke and Montgomery then President of Our Council, and Charles Earl of Sunderland, or any Three of them, full Power, in Our Name, to begin and hold this Our Parliament, and to open and declare, and cause to be opened and declared, the Causes of Our calling of it, and to proceed upon those Affairs, and in the said Parliament, and in all Matters arising therein, and to do every Thing which for Us, and by Us, for the good Government of Our Kingdom of Great Britain, and of other Our Dominions belonging to Our said Kingdom, should be therein to be done, and, if necessary, to continue, adjourn, and prorogue, Our said Parliament; We do hereby further declare, that Our said Letters Patents, and every Clause, Matter, and Thing therein contained, are and shall be in as full Force and Power, these Our Letters Patents, or any Thing herein notwithstanding, as if these Presents had not been had or made. And Our Will and Pleasure is, and We ordain and constitute, that the said Archbishop of Canterbury, Our High Chancellor of Great Britain, Our High Treasurer of Great Britain, Our Keeper of Our Privy Seal, Our Steward of Our Household, Our Master of Our Horse, John Duke of Marlborough, Thomas Earl of Pembroke and Montgomery, and Charles Earl of Sunderland, or any Three of them, shall put in Execution all the Powers and Authorities in the said Letters Patents mentioned and expressed, that yet remain to be done and executed. In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself, at Westminster, the Three and Twentieth Day of March, in the Eighth Year of Our Reign.

Per ipsam Reginam, propria Manu signat.

"Wrighte."

Then the Lord Chancellor said,

"In Obedience to Her Majesty's Commands, and by Virtue of the Commissions to Us among other Lords directed (One whereof has been now read), We do declare and notify to you the Lords Spiritual and Temporal and Commons in Parliament assembled, That Her Majesty has given Her Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words.

Then the Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow; (videlicet),

Bills passed.

"1. An Act for punishing Mutiny and Desertion, and false Musters; and for the better Payment of the Army and Quarters."

"2. An Act for explaining and making more effectual that Part of an Act passed in the Fifth Year of Her present Majesty's Reign, concerning the buying and selling of Cattle in Smithfield; and for giving Leave for bringing up Calves dead to London, as formerly."

"3. An Act for naturalizing Foreign Protestants."

"4. An Act for continuing an Act, made in the Seventh and Eighth Years of the Reign of His late Majesty King William, intituled, "An Act for the repairing the Highways between Wymondham and Attleborough, in the County of Norfolk; and for including therein the Road leading from Wymondham to Hethersett, over the Commons belonging to the said Towns."

"5. An Act for preserving and enlarging the Harbour of Whitehaven, in the County of Cumberland."

"6. An Act for building a Church, or Chapel, in the Town of Manchester, in the County of Lancaster."

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

"La Raine le veult."

"7. An Act to enable Anne Crewe (late Offley) Widow, and John Crewe (late Offley) her Son and Heir Apparent, to change their Surnames from Offley to Crewe, according to the Settlement of John Crewe Esquire, deceased."

"8. An Act for vesting in Trustees the Reversion of several Lands and Tenements expectant on Leases for Lives, the Estate of Hugh Stafford, of Pynes, in the County of Devon, Esquire, to be sold, for Payment of Debts; and, by discharging his Power of leasing, to secure other Lands, to come into Possession to his Son, in Lieu thereof."

"9. An Act to enable William Collins Clerk, Thomas Parrat and William Day Gentlemen, to dispose of certain Lands, for the Payment of the Debts of John Granger; and for making of Provision for the Widow and Younger Children of Nicholas Granger, his late Father, deceased."

"10. An Act for further enabling George Penne Esquire to sell Lands, for the Payment of his Debts, by enlarging a Trust for that Purpose contained in a former Act, intituled, "An Act for enabling George Penne Esquire to sell Lands, for the Payment of his Debts, and other Purposes therein mentioned."

"11. An Act for naturalizing Lewis de Rosset, Peter Brozet, and others."

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

"Soit fait come il est desiré."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"This is all we have at present to do, by virtue of the before mentioned Commissions."

Then the Commons withdrew, and the House was adjourned during Pleasure.

The House was resumed.

Bill for Improvement of the Union.

Then the House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for improving the Union of the Two Kingdoms."

After some Time spent therein, the House was resumed.

And the Earl of Stamford reported, "That the Committee of the whole House had made some further Progress in the Bill; and desire another Time may be appointed, for the House to be in a Committee again, to proceed further therein."

ORDERED, That this House be put into a Committee again, to proceed further on the said Bill, on Friday next.

Adjourn.

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