House of Lords Journal Volume 19: 10 June 1713

DIE Mercurii, 10 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That Her Majesty had been pleased to grant a Commission, under the Great Seal of Great Britain, to several Lords therein named, for declaring Her Royal Assent to several Acts agreed upon by both Houses."

The House was adjourned during Pleasure.

The House was resumed.

Then Three 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; and the Duke of Ormonde on his Right Hand; and the Lord Steward on his Left; commanded the Gentleman Usher of the Black Rod to let the Commons know, "That the Commissioners desire their immediate Attendance in the House of Peers, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor 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 order a Commission to be issued under Her Great Seal, and has thereby given Her Royal Assent to several Acts therein mentioned, which have passed both Houses; and, by the said Commission, hath commanded us, in Her Absence, to declare and notify Her Royal Assent to the said several Acts in this House, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission is to be read."

And the same was 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 to Her Majesty Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Thirteen; and for making forth Duplicates of Lottery Tickets lost, burnt, or destroyed; and for enlarging the Time for adjusting Claims in several Lottery Acts; and to punish the counterfeiting or forging of Lottery Orders; and for explaining a late Act in relation to Stamp Duties on Customary Estates which pass by Deed and Copy:"

"An Act to revive and continue the Act for taking, examining, and stating, the Public Accompts of the Kingdom; and also to continue the Act for appointing Commissioners, to take, examine, and determine, the Debts due to the Army, Transport Service, and Sick and Wounded:" "An Act for making Enclosures of some Part of the Common Grounds in the West Riding of the County of York, for the endowing poor Vicarages and Chapelries, for the better Support of their Ministers:" "An Act for repairing the Highway, or Road, from the Stones-end, in the Parish of St. Leonard Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Endfield, in the same County, next to the Parish of Chashunt, in the County of Hertford:"

"An Act for confirming several Grants in Fee-farm, made by Henry Earl of Thomond, by virtue of, or since the passing, a former Act of Parliament; and for giving some Ease and Relief to the Purchasers under or since the said former Act:" "An Act for divesting the Crown of the Remainder in Fee Simple of and in the Manor and Advowson of Stourton, in the County of Wilts, and several Lands, Tenements, and Hereditaments, to the same Manor belonging, expectant on certain Estates Tail; and for vesting the same in certain other Persons, therein named, to the Intent the same may be barred by proper Methods in Law, for the Purposes therein mentioned:" "An Act for confirming Articles, and vesting the Manor of Kirby Underwood, in the County of Lincoln, and other Manors, Lands, and Hereditaments, thereby agreed to be sold, in Trustees, for discharging the Debts of Sir John Brownlow Baronet, deceased, and his Daughters Portions, and other Purposes in the said Articles mentioned:" "An Act for making the Chapelry of Stockton, in the County of Durham, a distinct Parish:" "An Act for the Exchange of the Parsonage-house at Charlton, in Kent, and Close thereto adjoining, in Lieu of another House and Lands there:" An Act to enable Trustees to sell some Out-parts of the Estate of Sir Bourchier Wrey Baronet, in the County of Devon, for the Purposes therein mentioned:" "An Act to enable William Harvey the Elder, Esquire, and William Harvey Esquire his Son, to settle a Jointure, and grant a Lease; and for vesting the Inheritance, after a Term of Five Hundred Years, of Lands in Suffolk, in Trustees, to be sold, for raising Portions for his Daughters:" "An Act for naturalizing Lewis Vanden Enden:" 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 Wellbeloved Counsellor Simon Lord Harcourt 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 of all England and Metropolitan, Our said Chancellor of Great Britain, Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Oxford and Earl Mortimer Our Treasurer of Great Britain, John Duke of the County of Buckingham and of Normanby President of Our Council, James Duke of Ormonde Captain General of Our Forces, John Earl Poulet Our Steward of Our Household, William Earl of Dartmouth Our Principal Secretary, and Henry Viscount Bullingbroke Our other 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, 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 Tenth Day of June, in the Twelfth 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 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 said 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 Parliaments received the Malt 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 Bills to be passed, as follows:

"1. An Act for granting to Her Majesty Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Thirteen; and for making forth Duplicates of Lottery Tickets lost, burnt, or destroyed; and for enlarging the Time for adjusting Claims in several Lottery Acts, and to punish the counterfeiting or forging of Lottery Orders; and for explaining a late Act in relation to Stamp Duties on Customary Estates which pass by Deed and Copy."

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

"La Reine remercie ses bons Sujects, accept' leur Benevolence, et ainsi le veult."

"2. An Act to revive and continue the Act for taking, examining, and stating, the Public Accompts of the Kingdom; and also to continue the Act for appointing Commissioners, to take, examine, and determine, the Debts due to the Army, Transport Service, and Sick and Wounded."

"3. An Act for making Enclosures of some Part of the Common Grounds in the West Riding of the County of York, for the endowing poor Vicarages and Chapelries, for the better Support of their Ministers."

"4. An Act for repairing, the Highway or Road, from the Stones-end, in the Parish of St. Leonard Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Endfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford."

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

"La Reine le veult."

"5. An Act for confirming several Grants in Feefarm, made by Henry Earl of Thomond, by virtue of, or since the passing, a former Act of Parliament; and for giving some Ease and Relief to the Purchasers under or since the said former Act."

"6. An Act for divesting the Crown of the Remainder in Fee Simple of and in the Manor and Advowson of Stourton, in the County of Wilts, and several Lands, Tenements, and Hereditaments, to the same Manor belonging, expectant on certain Estates Tail; and for vesting the same in certain other Persons, therein named, to the Intent the same may be barred by proper Methods in Law, for the Purposes therein mentioned."

"7. An Act for confirming Articles, and vesting the Manor of Kirby Underwood, in the County of Lincoln, and other Manors, Lands, and Hereditaments, thereby agreed to be sold, in Trustees, for discharging the Debts of Sir John Brownlow Baronet, deceased, and his Daughters Portions, and other Purposes in the said Articles mentioned."

"8. An Act for making the Chapelry of Stockton, in the County of Durham, a distinct Parish."

"9. An Act for the Exchange of the Parsonagehouse at Charlton, in Kent, and Close thereto adjoining, in Lieu of another House and Lands there."

"10. An Act to enable Trustees to sell some Outparts of the Estate of Sir Bourchier Wrey Baronet, in the County of Devon, for the Purposes therein mentioned."

"11. An Act to enable William Harvey the Elder, Esquire, and William Harvey Esquire his Son, to settle a Jointure, and grant a Lease; and for vesting the Inheritance, after a Term of Five Hundred Years, of Lands in Suffolk, in Trustees, to be sold, for raising Portions for his Daughters."

"12. An Act for naturalizing Lewis Vanden Enden."

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

"Soit fait comme il est desire."

Then the Lord Chancellor said,

"My Lords and Gentlemen,

"Nothing further remains to be done, in Obedience to this Commission."

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Representation of the Board of Trade to the late King, to be laid before the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of Trade and Plantations do lay before this House, the Representation of that Board, made to His late Majesty, the 23d of December 1697.

Mayor, &c. Hertford; versus Poor of Hertford:

After hearing Counsel upon the Petition and Appeal of the Mayor, Aldermen, and Commonalty, of the Borough of Hertford, from a Decree made in the Court of Chancery, by the late Lord Chancellor Cowper, in November 1709; and from the Master's Report, in Pursuance thereof, the 10th of July 1710, in a Cause wherein the Petitioners were Exceptants, against Edward Hurst and John Helder, on Behalf of themselves and the rest of the Poor of the same Borough, Respondents; praying, "That the same may be reversed:" As also upon the Answer of John Helder, Robert Helder, Leonard Dell, and John Gray, on Behalf of themselves and the rest of the Poor of the said Borough, put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, dismissed this House; and that the Decree and Report therein complained of shall be, and are hereby, affirmed: And it is further Ordered, That such of the Appellants who signed the said Appeal shall pay, or cause to be paid, to the Respondents, the Sum of Forty Pounds, for their Costs in this House.

Excommunication too frequent, to prevent, Bill.

Ordered, That on Saturday next, this House shall be put into a Committee, upon the Bill, intituled, "An Act to prevent the too frequent Denunciation of Excommunication, in the Exercise of Ecclesiastical Jurisdiction."

Adjourn.

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