House of Lords Journal Volume 19: 5 April 1710

DIE Mercurii, 5 Aprilis.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Additional Impositions, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing several Impositions, additional Impositions, and Duties, upon Goods imported, to raise Money, by Way of Loan, for the Service of the Year One Thousand Seven Hundred and Ten; and for taking off the Over-sea Duty on Coals exported in British Bottoms; and for better preventing Frauds in Drawbacks upon Certificate Goods; and for ascertaining the Duties of Currants imported in Venetian Ships; and to give further Time to Foreign Merchants, for Exportation of certain Foreign Goods imported; and to limit a Time for Prosecutions upon certain Bonds given by Merchants; and for continuing certain Fees of the Officers of the Customs, and to prevent Embezzlements by such Officers; and for appropriating the Monies granted to Her Majesty; and for replacing Monies paid, or to be paid, for making good any Deficiencies on the Annuity Acts; and for Encouragement to raise Naval Stores in Her Majesty's Plantations; and to give further Time for registering Debentures, as is therein mentioned."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time spent therein, the House was resumed.

And the Lord Guilford reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing several Impositions, additional Impositions, and Duties, upon Goods imported, to raise Money, by Way of Loan, for the Service of the Year One Thousand Seven Hundred and Ten; and for taking off the Over-sea Duty on Coals, exported in British Bottoms; and for better preventing Frauds in Drawbacks upon Certificate Goods; and for ascertaining the Duties of Currants imported in Venetian Ships; and to give further Time to Foreign Merchants for Exportation of certain Foreign Goods imported; and to limit a Time for Prosecutions upon certain Bonds given by Merchants; and for continuing certain Fees of the Officers of the Customs, and to prevent Embezzlements by such Officers; and for appropriating the Monies granted to Her Majesty; and for replacing Monies paid, or to be paid, for making good any Deficiencies on the Annuity Acts; and for Encouragement to raise Naval Stores in Her Majesty's Plantations; and to give further Time for registering Debentures, as is therein mentioned."

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 Sir Robert Legard and Mr. Fellowes:

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

Servants Wages, Bill:

The Earl of Rochester reported from the Lords Committees the Bill, intituled, "An Act for regulating of Servants Wages, and for the better Recovery of the same; and also for making the Act, made in the Fifth Year of the Reign of Queen Elizabeth, intituled, An Act containing divers Orders for Artificers, Labourers, Servants of Husbandry, and Apprentices, more effectual," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for regulating of Servants Wages, and for the better Recovery of the same; and also for making the Act made in the Fifth Year of the Reign of Queen Elizabeth, intituled, An Act containing divers Orders for Artificers, Labourers, Servants of Husbandry, and Apprentices, more effectual."

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 Sir Robert Legard and Mr. Fellowes:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

Militia Bill.

Hodie 2^a & 3^a vice lecta est Billa, intituled, "An Act for raising the Militia for the Year One Thousand Seven Hundred and Ten, although the Month's Pay formerly advanced be not re-paid."

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

It was Resolved in the Affirmative.

Ordered, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Amory versus Luttrell; et è contra:

After hearing Counsel, upon the Petition and Appeal of Thomas Amory Esquire, from a Decree made in the Court of Exchequer in Ireland, the Eighth Day of February One Thousand Seven Hundred and Six, and other Orders, in a Cause there depending, wherein the Petitioner, as Administrator of Katherine Amory, alias Luttrell, his late Wife, was Complainant, against Henry Luttrell Esquire and others Defendants; and praying Relief in the Premises; and also upon the Answer of Colonel Henry Luttrell put in thereunto: As also upon the Petition and Appeal of the said Henry Luttrell, and the Answer of the said Thomas Amory put in thereunto: And due Consideration of what was offered thereupon:

Judgement in Part reversed.

It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That that Part of the Decree abovementioned, by which the Appellant Thomas Amory's Bill was dismissed as to all Arrears of the separate Maintenance, shall be, and is hereby, reversed; and that the Respondent Henry Luttrell do accompt to the Appellant Thomas Amory for all the Arrears and all the Profits received by him, or by any other Person by his Order, or for his Use, out of the Lands and Premises set forth and contained in the Deed of the Ninth of May One Thousand Six Hundred Eighty-four, and thereby settled or conveyed in Trust, for the sole and separate Maintenance of Katherine Luttrell, the Appellant's late Wife, by her former Husband Simon Luttrell; and that the said Accompt is to be taken by the Chief Remembrancer in the Court of Exchequer in Ireland; who, in taking such Accompt, is to make to the said Respondent Luttrell all just Allowances: And as to the other Matters, concerning Interest, complained of in the said Appeal of the said Thomas Amory, it is Ordered, That the said Appeal shall be, and is hereby, dismissed; and the Decree affirmed, without Prejudice to the Interest, which is, shall, or may be due, by the Decree of the Court of Exchequer in Ireland, upon the stated Balance of Seven Hundred and Ten Pounds only; and that the said Remembrancer is to tax the Appellant Amory's Costs of Suit in the said Court of Exchequer, to be paid by the Respondent Henry Luttrell to the Appellant Thomas Amory: And the said Appeal of the said Henry Luttrell is hereby dismissed; and the said Decree of the Court of Exchequer, so far as the same is not hereby reversed or altered, is affirmed.

Coggs and Dann's Bill:

The Lord Delawarr reported from the Lords Committees, the Bill, intituled, "An Act for vesting the Estate and Effects of John Coggs and John Dann, Goldsmiths and Copartners, in Trustees, for the speedier Payment of their Creditors; and for determining Differences thereupon," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estate and Effects of John Coggs and John Dann, Goldsmiths and Copartners; in Trustees, for the speedier Payment of their Creditors; and for determining Differences thereupon."

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 Sir Robert Legard and Mr. Fellowes:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

Messages from thence, with a Bill; and for a Conference on the Bill, for vesting the Copies of printed Books in the Authors, &c.

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

Who brought up a Bill, intituled, "An Act to prevent Sir Humphry Mackworth, William Shiers, and Thomas Dykes, their leaving this Kingdom, and their alienating their Estates, until the End of the next Session of Parliament;" to which they desire the Concurrence of this House.

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

To desire a Conference with this House, upon the Subject-matter of the Amendments made by their Lordships to the Bill, intituled, "An Act for the Encouragement of Learning, by vesting the Copies of printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned;"

To which the House agreed.

Answer.

Then the Messengers were called in, and told; "That the Lords agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

Managers.

The Lords following were named Managers of the Conference; (videlicet,)

Portsmouth, Chatham, and Harwich Harbours, Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, in Trustees, for the better fortifying and securing the Harbours and Docks at Portsmouth, Chatham, and Harwich."

After some Time spent therein, the House was resumed.

And the Lord Guilford reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, in Trustees, for the better fortifying and securing the Harbours and Docks at Portsmouth, Chatham, and Harwich."

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

It was Resolved in the Affirmative.

Ordered, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Conference on the Bill for vesting the Copies of Books in the Authors, &c.

The Commons being come to the Conference, the Managers Names were read; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Earl of Rochester reported, "That the Lords had attended the Conference; and that the Commons have agreed to all the Amendments made by this House, except to the Amendment in Pr. 3. L. 41. to the Bill, intituled, "An Act for the Encouragement of Learning, by vesting the Copies of printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned;" to which they disagree, and gave their Reasons for it."

Lords do not insist on their Amendment to the Bill:

Which the House taking into Consideration; and Debate thereupon:

The Question was put, "Whether this House shall insist on this Amendment disagreed to by the Commons?"

It was Resolved in the Negative.

Message to H. C. to acquaint them with it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Fellowes:

To acquaint them, that the Lords do not insist on their Amendment disagreed to by the Commons, to the said Bill.

Message from thence, to return Coggs and Dann's Bill.

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

To return the Bill, intituled; "An Act for vesting the Estate and Effects of John Coggs and John Dann, Goldsmiths and Copartners, in Trustees, for the speedier Payment of their Creditors; and for determining Differences thereupon;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

Queen present:

Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, attended with Her Officers of State (the Peers being in their Robes), commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "It is Her Majesty's Pleasure, that they attend Her presently, in the House of Peers."

Who being come, with their Speaker;

He, after a Speech to Her Majesty, delivered the Money Bill to the Clerk of the Parliaments, who brought it to the Table; where the Clerk of the Crown read the Title of that, and also the Titles of the other Bills to be passed, severally, as follow; (videlicet,)

Bills passed.

"1. An Act for continuing several Impositions, additional Impositions, and Duties, upon Goods imported, to raise Money, by Way of Loan, for the Service of the Year One Thousand Seven Hundred and Ten; and for taking off the Over-sea Duty on Coals exported in British Bottoms; and for better preventing Frauds and Drawbacks upon Certificate Goods; and for ascertaining the Duties of Currants imported in Venetian Ships; and to give further Time to Foreign Merchants, for Exportation of certain Foreign Goods imported; and to limit a Time for Prosecutions upon certain Bonds given by Merchants; and for continuing certain Fees of the Officers of the Customs, and to prevent Embezzlements by such Officers; and for appropriating the Monies granted to Her Majesty; and for replacing Monies paid, or to be paid, for making good any Deficiencies on the Annuity Acts; and for Encouragement to raise Naval Stores in Her Majesty's Plantations; and to give further Time for registering Debentures, as is therein mentioned."

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

"La Raine remercie ses bon Subjects, accepte leur Benevolence, et ainsi le veult."

"2. An Act for explaining and enlarging an Act of the Sixth Year of Her Majesty's Reign, intituled, An Act for the Security of Her Majesty's Person and Government."

"3. An Act for discharging the Attendance of Noblemen, Barons, and Freeholders, upon the Lords of Justiciary, in their Circuits, in that Part of Great Britain called Scotland; and for abolishing the Method of exhibiting Criminal Informations by the Porteous Roll."

"4. An Act for explaining and making more effectual an Act, for the better enabling the Master, Wardens, and Assistants of Trinity House, to re-build the Light-house on the Edistone Rock."

"5. An Act for raising the Militia for the Year One Thousand Seven Hundred and Ten, although the Month's Pay formerly advanced be not re-paid."

"6. An Act for the Encouragement of Learning, by vesting the Copies of printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned."

"7. An Act to regulate the Price and Assize of Bread."

"8. An Act for vesting certain Lands, Tenements, and Hereditaments, in Trustees, for the better fortifying and securing the Harbours and Docks at Portsmouth, Chatham, and Harwich."

"9. An Act for making more effectual the Act for the repairing the Highway between Fornhill, in the County of Bedford, and Stony Stratford, in the County of Buckingham."

"10. An Act for the better Security of Rents, and to prevent Frauds committed by Tenants."

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

"La Raine le veult."

"11. An Act to confirm Articles of Partition made between the Earl and Countess of Wemyss of the one Part, and Anne Robinson Spinster of the other Part, of their Estates in the Counties of Oxon, Northampton, and Kent; and for vesting their respective Moieties in Trustees, to be sold."

"12. An Act to make several Trusts in the Marriage Settlements of Edward Southwell Esquire, and the Lady Elizabeth his late Wife, more effectual, to answer the Intent of them; and to explain several Powers therein."

"13. An Act to enable Trustees to sell some Fenny Lands, in the Counties of Huntingdon and Cambridge, Part of the Estate of Anthony Hammond Esquire; and to settle other Lands in Lieu thereof."

"14. An Act to enable Trustees to grant, renew, and fill up, Leases of the Estate of Arthur Tremayne Esquire (an Infant), during his Minority."

"15. An Act for the enclosing of Ropley Commons, in the County of Southampton; and for Improvement of the old disparked Park of Farnham, in the Counties of Surrey and Southampton."

"16. An Act to enable the Trustees of the last Will and Testament of Thomas Hobbs Doctor in Physic, deceased, with Abraham Weekes Esquire, to make a Jointure upon the Wife of the said Abraham Weekes."

"17. An Act to enable certain Trustees to raise Part of the Portions designed for the Younger Children of Clifton Pack Esquire, deceased, and Penelope his Wife, by their Marriage Settlement."

"18. An Act for the Relief of Joseph Cooper Gentleman."

"19. An Act for vesting the Freehold and Copyhold Estate, late of William Emerton Esquire, deceased, in the Parish of Chevening, in the County of Kent, in Trustees, to be sold, for the better Support of his Widow, and Advancement of his Two Daughters."

"20. An Act to enable the Corporation of Leverpoole to make a Grant to Sir Cleve More Baronet, for Liberty to bring fresh Water into the said Town of Leverpoole."

"21. An Act for Sale of Part of the Estate of George Scott Esquire, in the County of Kent, for Payment of Debts."

"22. An Act to enable Trustees to recover the Personal Estates of William Bigg and Isabel Bigg, now vested in John Bigg, a Lunatic, their Son and Heir, and Executor of his Father, for the Payment of Debts and Legacies."

"23. An Act for vesting the Estate and Effects of John Coggs and John Dann, Goldsmiths and Copartners, in Trustees, for the speedier Payment of their Creditors; and for determining Differences thereupon."

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

"Soit fait come il est desiré."

Then Her Majesty was pleased to say as follows:

Queen's Speech.

"My Lords, and Gentlemen,

"It is with great Satisfaction that I come hither, at this Time, to return you My hearty Thanks, for the many Marks of Duty and Affection which you have given Me through the whole Course of this Sessions.

"And I am to thank you, Gentlemen of the House of Commons, in a very particular Manner, for the great Dispatch which you have made, in providing, so early in the Year, such great and effectual Supplies for the public Service. This cannot but make Me very desirous to repeat the Assurances I gave you, at the Opening of the Session, that they should be very carefully applied to the Uses for which you have designed them.

"My Lords, and Gentlemen,

"I cannot sufficiently express to you My great Concern, that you have had so necessary an Occasion of taking up a great Part of your Time towards the latter End of this Session.

"I am confident, no Prince, that ever sat upon the Throne, has been more really and sincerely kind to the Church than Myself; nor ever had a more true and tender Concern for its Welfare and Prosperity, than I have, and always shall continue to have.

"The suppressing Immorality, and profane and other wicked and malicious Libels, is what I have always earnestly recommended; and shall be glad of the First Opportunity to give My Consent to any Laws that might effectually conduce to that End. But, this being an Evil complained of in all Times, it is very injurious to take a Pretence from thence, to insinuate that the Church is in any Danger from My Administration.

"I could heartily wish, that Men would study to be quiet, and do their own Business; rather than busy themselves in reviving Questions and Disputes of a very high Nature, and which must be with an ill Intention, since they can only tend to foment, but not to heal, our Divisions and Animosities.

"For My own Part, as it has pleased God to give Success to My Endeavours for the Union of My Two Kingdoms, which I must ever esteem as one of the greatest Blessings of My Reign; so I hope His Divine Goodness will still continue favourable, and make Me the happy Instrument of that yet more desirable Union of the Hearts of all My People, in the Bonds of mutual Affection; that so there may remain no other Contention among you, but who shall exceed the other, in contributing to advance our present Happiness, and secure the Protestant Succession.

"Finding, by the Advices from Abroad, that our Army has not yet taken the Field, and that the Plenipotentiaries of France are still in Holland; I think it proper, at present, to make the Prorogation but for a very short Time."

Then the Lord Chancellor, by Her Majesty's Command, said,

Parliament prorogued.

"My Lords, and Gentlemen,

"Her Majesty's Royal Will and Pleasure is, that this Parliament be prorogued to Tuesday the Eighteenth Day of this Instant April: And this Parliament is accordingly prorogued to Tuesday the Eighteenth Day of this Instant April."

Lunæ, 24 Die Aprilis, 1710.

Examined by us,

Rochester. Ric. Peterbor. W. Asaph.

Guilford.