House of Lords Journal Volume 19: 23 December 1709

DIE Veneris, 23 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir A. Brand versus M'Kenzie.

Upon reading the Petition of Sir Alexander Brand; praying (amongst other Things), "That George M'Kenzie may put in his Answer to the Petitioner's Appeal, as ordered last Session of Parliament:"

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That George M'Kenzie shall and he is hereby required to put in his Answer to the said Appeal, on or before Friday the Twentieth Day of January next; and hereof he may not fail.

Markes' Petition referred to Judges.

Upon reading the Petition of Mary Markes, Widow and Relict of Richard Markes Esquire, late deceased, and Richard Markes, an Infant of the Age of Twelve Years, Eldest Son and Heir of the Bodies of the said Richard and Mary Markes; praying Leave to bring in a Bill, for making Sale of the Manor of Westbury, and Premises thereunto belonging, to pay off Debts and Incumbrances; and for disposing the Residue of the Money arising by such Sale (over and above paying off the said Debts and Incumbrances), in the Purchase of Lands, to be vested and settled upon the like Trusts, and to and for the like Uses, Intents, and Purposes, as are expressed in the Indenture Tripartite in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Baron Price and Mr. Justice Dormer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Malt, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Ten."

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. Rogers and Mr. Hiccocks:

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

Malt Bill, passed by Commission.

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, the Lord President, and other Lords in the said Commission named, for passing a Bill, intituled, An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Ten."

Then Four 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 Treasurer on his Right Hand, and the Lord President and 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 this Day Personally present in Parliament, has been pleased to issue Her Commission, authorizing us, with other Lords, to declare and notify Her Royal Assent to a Bill, passed both Houses, in the Commission mentioned: Which Commission we desire may be read."

Then the Commission was read, by the Clerk; and is as followeth; (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, an Act, 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 Title and Name of which Act hereafter doth particularly ensue; (that is to say,) "An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Ten." And albeit the said Act, by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, is fully agreed and consented unto; yet, nevertheless, the same is not of Force and Effect in the Law, without Our Royal Assent given and put to the said Act: 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 Act, and to all Articles, Clauses, and Provisions, therein contained, and have fully agreed and assented to the said Act; willing that the said Act, 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 Well-beloved Cousin and Counsellor Sidney Earl of Godolphin Our High Treasurer of Great Britain, Our Right Trusty and Wellbeloved Counsellor John Lord Sommers President of Our Council, Our Right Trusty and Right Entirelybeloved 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, James Duke of Queensberry and Dover One of Our Principal Secretaries, Our Right Trusty and Right Well-beloved Cousin and Counsellor Charles Earl of Sunderland One of Our Principal Secretaries, 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 Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Act 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 Act, 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 Act shall be taken, accepted, and admitted, a good, sufficient, and perfect Act of Parliament and 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 thereof, notwithstanding In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself, at Westm'r, the Three and Twentieth Day of December, 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 Command, and by Virtue of the Commission to us, among other Lords, directed (and 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 said Act in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk of the Parliaments received the said Bill from the Hands of the Speaker, and brought it to the Table; where the Clerk of the Crown read the Title; (videlicet,)

"An Act for charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Ten."

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."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"This is all we have to do, by Virtue of this Commission."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, (videlicet,) nonum diem Januarii jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 12 Aprilis, 1710, hitherto examined by us,
Rochester.
Ric. Peterbor.
Tho. Cicestrensis
Guilford.