House of Lords Journal Volume 19: 26 March 1711

DIE Lunæ, 26 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with Amendments to the E. of Berkshire's Bill:

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

To return the Bill, intituled, "An Act for Sale of the Manor of Reaversby, and other Lands, in the County of Lincoln, the Estate of Henry Bowes Earl of Berkshire; and to settle other Lands in the County of Stafford to the same Uses;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Then, the Amendments being read Thrice, and agreed to;

Message to H. C. that the Lords agree to them.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Orlebar:

To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.

Mutiny and Desertion Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue the Acts for punishing Mutiny and Desertion, and false Musters, and for the better Payment of the Army and Quarters; and for approving of Medicines for the Army."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Orlebar:

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

Hubbald's Bill.

The Lord Cowper reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for the Sale of the Estates late of William Hubbald, and of his Father Edward Hubbald, in the County of Surrey, for the Satisfaction of the said William Hubbald's Debt to the Crown; and to preserve the Surplus thereof for the Purposes therein mentioned: That they had considered the said Bill, and made several Amendments thereunto."

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

Calvert's Bill.

The House being moved, "To appoint a Time to be in a Committee, on the Bill, intituled, An Act for confirming a Sentence given in the Arches Court of Canterbury, for divorcing Benedict Leonard Calvert Esquire and the Lady Charlotte his Wife; and for bastardizing the spurious Issue of the said Lady Charlotte:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee on the said Bill, on Monday the Ninth Day of April next, at Twelve a Clock.

Bills passed by Commission.

The Lord Keeper acquainted the House, "That Her Majesty had been pleased to grant a Commission to the Lord Archbishop of Canterbury, and other Lords, for declaring Her Royal Assent to Two Acts therein mentioned."

The House was adjourned during Pleasure, to robe.

The House was resumed.

Then,

Four of the Lords Commissioners, being seated on a Form placed between the Throne and the Woolsack; the Lord Keeper in the Middle; the Lord President on his Right Hand; and the Lord Steward and Duke of Ormonde on his Left; commanded the 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 Keeper said,

"My Lords, and Gentlemen of the House of Commons,

"Her Majesty, not thinking fit to be Personally present in Her Royal Person at this Time, has been pleased to cause a Commission to be issued, under Her Great Seal; and hath thereby given Her Royal Assent to Two Acts therein mentioned, which have passed both Houses; and, by Her said Commission, hath commanded us, in Her Absence, to declare and notify Her Royal Assent to the said Two Acts, in this House, in the Presence of you the Lords and Commons here to be assembled for that Purpose: Which Commission we desire may be read."

And the same was accordingly read by the Clerk, 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, 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 to continue the Acts for punishing Mutiny and Desertion, and false Musters; and for the better Payment of the Army and Quarters; and for approving of Medicines for the Army:" "An Act for Sale of the Manor of Reaversby, and other Lands, in the County of Lincoln, the Estate of Henry Bowes Earl of Berkshire; and to settle other Lands, in the County of Stafford, to the same Uses." 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 Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Sir Simon Harcourt Knight Keeper of (fn. 1) Our Great Seal 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 Keeper of Our Great Seal of Great Britain, Our Right Trusty and Right Wellbeloved Cousin and Counsellor Lawrence Earl of Rochester Our President of Our Council, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Newcastle Our Keeper of Our Privy Seal, John Duke of the County of Buckingham and of Normanby Our Steward of Our Household, Charles Duke of Shrewsbury Our Chamberlain of Our Household, Charles Duke of Somerset Our Master of Our Horse, James Duke of Ormonde Lieutenant of Our Kingdom of Ireland, John Duke of Marlborough, James Duke of Queensberry and Dover Our Principal Secretary of State, Our Right Trusty and Right Well-beloved Cousin and Counsellor John Earl Poulet First Commissioner of Our Treasury of Great Britain, and Our Right Trusty and Well-beloved Counsellor William Lord Dartmouth 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, finally, 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. In Witness whereof, We have caused these Our Letters to be made Patents.

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

Per ipsam Reginam, propria Manu signat.

"Wrighte."

Then the Lord Keeper said,

"In Obedience to Her Majesty's Command, and by Virtue of the Commission which 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 Two 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 follows:

1. An Act to continue the Acts for punishing Mutiny and Defertion, and false Musters, and for the better Payment of the Army and Quarters; and for approving of Medicines for the Army."

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

"La Reyne le veult."

"2. An Act for Sale of the Manor of Reaversby, and other Lands, in the County of Lincoln, the Estate of Henry Bowes Earl of Berkshire; and to settle other Lands, in the County of Stafford, to the same Uses."

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

"Soit fait come il est desiré."

Then the Lord Keeper said,

"My Lords, and Gentlemen,

"This is all we have in Command from Her Majesty, by Virtue of this Commission."

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Sir A. Cairnes' Bill.

After reading, and considering, the Report of the Lord Chief Justice of the Common Pleas and Mr. Justice Tracy, to whom was referred the Petition of Sir Alexander Cairnes Baronet; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath Leave to bring in a Bill, according to the Prayer of the said Petition.

Hodie 1^a & 2^a vice lecta est Billa, intituled, "An Act for the establishing a Purchase of certain Fee-farms, Lands, and Hereditaments, in the Kingdom of Ireland, made by Sir Alexand'r Cairnes Baronet, of his Grace James Duke of Ormonde, in Pursuance of a Power given him by an Act of Parliament passed in this Kingdom in the Twelfth Year of His late Majesty's Reign, notwithstanding an Act passed in Ireland in the Ninth Year of the Reign of Her present Majesty, or a Deed dated the Twenty-fifth of April One Thousand Seven Hundred and Ten therein mentioned."

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 Tenth Day of April next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lytton's Bill.

The Lord Halifax reported from the Lords Committees, to whom the Bill, intituled, "An Act to explain and make more effectual a Clause, relating to the Estate of Dame Rebecca Lytton deceased, in an Act of Parliament made in the Seventh Year of Her Majesty's Reign, intituled, An Act for Payment of the Debts of Sir John Bolles Baronet, a Lunatic," was committed: "That they had considered the said Bill; and think it fit to pass, without any Amendment."

Ordered, That the said Bill be engrossed.

Sir H. Robinson's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest the Estate of Sir Henry Robinson Knight, a Lunatic, lying in Cransley, in the County of Northampton, in Trustees, to enable them to make a Settlement on the Marriage of John Robinson Esquire, only Son and Heir Apparent of the said Sir Henry; and for other Purposes therein mentioned."

Ordered, That the Consideration of the said Bill be committed to the Lords Committees aforenamed; to meet at the same Time and Place.

Wood, alias Webb's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of the Manor of Great Bealings, and several Farms, Lands, and Hereditaments, late the Estate of Henry Wood, alias Webb, Esquire, deceased, in Great Bealings, and several other Places, in the County of Suffolk, for discharging a Mortgage thereon, and for Payment of other Debts of the said Henry Wood, alias Webb; and for applying the Overplus Money (if any) arising by such Sale for the Benefit of Henry Wood, alias Webb (an Infant), his Son and Heir."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Meller and Mr. Orlebar:

To carry down the said Bill, and desire their Concurrence thereunto.

Jones, Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Justices, to whom was referred the Petition of Robert Jones Esquire and others; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have Leave to bring in a Bill, according to the Prayer of the Petition.

Adjourn.

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