House of Lords Journal Volume 19: 22 December 1711

DIE Sabbati, 22 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Nottingham's Speech, Report concerning:

The Duke of Devonshire reported from the Lords Committees, appointed to inquire who is the Author, Printer, and Publisher, of a Paper, intituled, "The Earl of Nottingham's Speech to the Honourable House of Lords," as followeth; (videlicet,)

"That their Lordships find the said Paper to be false and scandalous, and printed by a sham Name; and that, by the Oath of Sarah Vickers, it appears to have been printed by Andrew Hind, living in Peterborough-Court, near Fleet-Street.

"And that it is the Opinion of the Committee, that the House be moved, That the said Andrew Hind be taken into the Custody of the Gentleman Usher of the Black Rod attending this House."

Which said Report being read, and agreed to;

Hind to be attached.

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Andrew Hind, and keep him in safe Custody, until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Oldes, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Egerton's Petition referred to Judges.

Upon reading the Petition of the Honourable Charles Egerton Esquire; praying Leave to bring in a Bill, for Sale of the Manors of Agardsley and Marchington, and divers Lands and Hereditaments, in the County of Stafford, in order to pay the Debts charged thereon, and the Petitioner's other Debts:

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 the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of Her Majesty's Court of Common Pleas; 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.

Land Tax Bill.

The House was (according to Order) adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twelve."

And, after some Time, the House was resumed.

And the Earl of Clarendon reported, "That the Committee 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 granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twelve."

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 Mr. Fellowes and Mr. Meller:

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

Commissioners for building Churches, Report.

The Earl of Rochester, from the Commissioners appointed by Her Majesty, in Pursuance of an Act of Parliament, intituled, "An Act for granting to Her Majesty several Duties upon Coals, for building Fifty new Churches, in and about the Cities of London and Westminster, and Suburbs thereof, and other Purposes therein mentioned," laid before the House a Duplicate of the Report, or Certificate, made to Her Majesty by the said Commissioners.

And the Title thereof was read.

Ordered, That the said Report do lie upon the Table, to be perused by the Lords.

Lord Gower's Bill.

After reading, and considering, the Report of the Two Lord Chief Justices, to whom was referred the Petition of John Lord Gower; 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 Petitioner hath Leave to bring in a Bill, according to the Prayer of the said Petition.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Lord Gower, Baron of Stit'nham, an Infant, to make a Settlement upon his Marriage."

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 Conterbury, 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 Five of the Lords Commissioners, being seated on a Form, placed between the Throne and the Woolsack; the Lord Keeper in the Middle, with the Lord Treasurer and Duke of Ormonde on his Right Hand; and the Lord President and Earl of Dartmouth on his Left; commanded the Gentleman Usher of the Black Rod to let the Commons know, "The Commissioners 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 Parliament at this Time, has been pleased to cause Her Letters Patents 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 Letters Patents, hath directed us, and other Lords who are named in the Commission, 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;

"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 for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twelve:" "An Act for preserving the Protestant Religion, by better securing the Church of England as by Law established; and for confirming the Toleration granted to Protestant Dissenters, by an Act, intituled, An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws, and for supplying the Defects thereof; and for the further securing the Protestant Succession, by requiring the Practisers of the Law in North Britain to take the Oaths, and subscribe the Declaration, therein mentioned." 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 (fn. 1) 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 Simon Lord Harcourt Keeper of 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 of all England and Metropolitan, Our said Keeper of Our Great Seal of Great Britain, Our Right Trusty and Right Wellbeloved Cousins and Counsellors Robert Earl of Oxford and Earl Mortimer Our High Treasurer of Great Britain, John Duke of the County of Buckingham and Normanby President of Our Council, the Right Reverend Father in God and Our Right Trusty and Well-beloved Counsellor John Lord Bishop of Bristol Keeper of Our Privy Seal, Our Right Trusty and Right Well-beloved Cousins and Counsellors Charles Duke of Shrewsbury Chamberlain of Our Household, Charles Duke of Somerset Master of Our Horse, James Duke of Ormonde Lieutenant of Our Kingdom of Ireland, John Duke of Marlborough Captain General of Our Forces, John Earl Poulet Our Steward of Our Household, and William Earl of Dartmouth Our Principal Secretary, 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 Two and Twentieth Day of December, 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 Commands, 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 Words and Form."

Then the Clerk of the Parliaments received the Land Tax Bill from the Hands of the Speaker, and brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bill to be passed, as follows; (videlicet,)

"1. An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twelve."

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

"La Reine remercie ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

"2. An Act for preserving the Protestant Religion, by better securing the Church of England as by Law established; and for confirming the Toleration granted to Protestant Dissenters, by an Act, intituled, An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws, and for supplying the Defects thereof; and for the further securing the Protestant Succession, by requiring the Practisers of the Law in North Britain to take the Oaths, and subscribe the Declaration, therein mentioned."

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

"La Reine le veult."

Then the Lord Keeper said,

"My Lords, and Gentlemen,

"This is all we have at present to do, pursuant to the said Commission."

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Lord Gower's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Lord Gower, Baron of Stit'nham, an Insant, to make a Settlement upon his Marriage."

Ordered, That the Consideration of the said Bill be committed to the Lords following;

Their Lordships, or any Five of them; to meet on Monday the Seventh Day of January next, at Eleven a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bp. St. Asaph to preach 16 Jan.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of St. Asaph be, and he is hereby, desired to preach before this House, in the Abbey Church at Westminster, on Wednesday the Sixteenth Day of January next, being appointed by Her Majesty's Royal Proclamation for a General Fast.

Precedency of the House of Hanover, Bill.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Leave be given to bring in a Bill, for declaring and settling the Precedency of the House of Hanover.

Address concerning a Peace, Motion for.

The House being moved, "That an humble Address be made to Her Majesty, that Her Majesty would give particular Instructions to Her Plenipotentiaries, to concert with the Ministers of the Allies in Holland, before the Opening of the Congress, the most proper and effectual Measures for preserving the strictest Union among them during the Treaty, in order to attain the great Ends proposed by Her Majesty, of procuring for every one of them a just and reasonable Satisfaction, and of rendering the Peace secure and lasting; which can only be effected by a general Guaranty of the Terms of the Peace to all the Allies, and particularly of the Protestant Succession to these Kingdoms."

And Debate thereupon;

It was proposed, "That after the Word ["Plenipotentiaries"], and before the Words ["to concert"], these Words be inserted; (videlicet,)

["In case Her Majesty has not given such Orders to them."]

It was agreed, those Words should be inserted.

Then, it being proposed, "That such an Address be presented to Her Majesty:"

After Debate;

The Question was put, "Whether such an Address shall be presented to Her Majesty?"

It was Resolved in the Affirmative.

Commitee to draw the Address.

Then the Lords following were appointed a Committee, to draw an humble Address, to be presented to Her Majesty, "That Her Majesty would give particular Instructions to Her Plenipotentiaries, in case Her Majesty has not given such Orders to them, to concert with the Ministers of the Allies in Holland, before the Opening of the Congress, the most proper and effectual Measures for preserving the strictest Union among them, during the Treaty, in order to attain the great Ends proposed by Her Majesty, of procuring for every one of them a just and reasonable Satisfaction; and of rendering the Peacesecure and lasting; which can only be effected by a general Guaranty of the Terms of the Peace to all the Allies, and particularly of the Protestant Succession to these Kingdoms;" and report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings near the House of Peers.

The House was adjourned during Pleasure; and the Lords withdrew, to draw the Address.

The House was resumed.

And the Earl of Nottingham reported from the said Committee, an Address drawn by them.

Which was read, and agreed to, as follows; (videlicet,)

Address.

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, do beg Leave most humbly to lay before Your Majesty our Advice, that Your Majesty would be pleased to give particular Instructions to Your Majesty's Plenipotentiaries, in case Your Majesty has not given such Orders to them, to concert with the Ministers of the Allies in Holland, before the Opening of the Congress, the most proper and effectual Measures for preserving the strictest Union among them during the Treaty, in order to attain the great Ends proposed by Your Majesty, of procuring for every one of them a just and reasonable Satisfaction, and of rendering the Peace secure and lasting; which can only be effected by a general Guaranty of the Terms of the Peace to all the Allies, and particularly of the Protestant Succession to these Kingdoms."

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do humbly attend Her Majesty, with the said Address.

Duke of Queensbury's Patent, as E. of Salway, to be brought;

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of the Great Seal appointed to be kept in Scotland, or his Deputy, or the Director of the Chancellary in Scotland, do, with all convenient Speed, transmit an authentic Copy of the Record of the Patent for creating the Duke of Queensberrie Earl of Salway, in order to its being laid before this House.

and late D. of Queensbury's Patent as D. of Dover.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the proper Officer of the Court of Chancery do, with all convenient Speed, lay before this House a Copy of the Enrolment of the Patent for creating the late Duke of Queensberrie Duke of Dover.

Standing Orders to be read.

Whereas this Day was appointed for reading the Roll of Standing Orders of this House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roll of Standing Orders shall be read on the First Monday after the Recess.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in Diem Mercurii, secundum diem Januarii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.