House of Lords Journal Volume 19: 28 May 1714

DIE Veneris, 28 Maii.

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 cause a Commission to be issued under the Great Seal, for declaring Her Royal Assent to several Acts therein mentioned."

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 Lord President 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 here at this Time, has been pleased to order a Commission to be issued, under the Great Seal, directed to us and other Lords therein named, thereby commanding us, in Her Absence, to declare and notify Her Royal Assent to several Acts, in this House, in the Presence of you the Lords and Commons to be assembled for that Purpose; which Commission we desire you to hear 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 of 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 charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fourteen; and for the Encouragement of the distilling Brandy from malted Corn and Cyder; and for making forth Duplicates of Exchequer Bills and Lottery Tickets, lost, burnt, or destroyed; and to enable the Governor and Company of the Bank of England, and others, to lend Money upon South Sea Stock:" "An Act for making more effectual an Act, passed in the Ninth Year of Her present Majesty's Reign, intituled, An Act for repairing the Highways between Dunstable and Hockley, in the County of Bedford:" "An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable:" "An Act for vesting the Lease of the Rectory of Chesterfield, in the County of Derby, in Trustees, to be sold, for the Payment of the Debts of George Smyth Esquire, deceased; and for making Provision for his Daughter:" "An Act for the Sale of the Manor and Barton of Widdicombe, in the County of Devon, comprized in the Marriage Settlement of Walter Hele Gentleman and Philippe his Wife; and for raising and securing the Sum of Fifteen Hundred Pounds, for the Benefit of the Children of the said Walter and Philippe:" 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 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 High Treasurer of Great Britain, John Duke of the County of Buckingham and of Normanby President of Our Council, William Earl of Dartmouth Keeper of Our Privy Seal, James Duke of Ormonde Captain General of Our Forces, John Earl Poulet Our Steward of Our Household, John Earl of Mar One of Our Principal Secretaries, Henry Viscount Bolingbroke Our Principal Secretary, and the Right Reverend Father in God and our Right Trusty and Well-beloved Counsellor John Lord Bishop of London, 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 Eight and Twentieth Day of May, in the Thirteenth Year of Our Reign.

"Per ipsam Reginam, propria Manu signat.

"Wrighte."

Then the Lord Chancellor said,

"By Virtue of this Commission, we declare and notify to you, the Lords Spiritual and Temporal and Commons of Great Britain, Her Majesty's Royal Assent to the several Acts mentioned in this Commission; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Speaker of the House of Commons, after a short Speech in relation to the Malt Bill, delivered the same to the Clerk Assistant (in the Absence of the Clerk of the Parliaments); who brought it to the Table, where the Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follows:

"1. 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 Fourteen; and for the Encouragement of the distilling Brandy from malted Corn and Cyder; and for making forth Duplicates of Exchequer Bills and Lottery Tickets, lost, burnt, or destroyed; and to enable the Governor and Company of the Bank of England, and others, to lend Money upon South Sea Stock."

To which the Royal Assent was pronounced, in these Words; (videlicet,)

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

"2. An Act for making more effectual an Act, passed in the Ninth Year of Her present Majesty's Reign, intituled, An Act for repairing the Highways between Dunstable and Hockley, in the County of Bedford."

"3. An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

To these Acts the Royal Assent was severally pronounced, in these Words; (videlicet,)

"La Reine le veult."

"4. An Act for vesting the Lease of the Rectory of Chesterfield, in the County of Derby, in Trustees, to be sold, for the Payment of the Debts of George Smyth Esquire, deceased, and for making Provision for his Daughter."

"5. An Act for the Sale of the Manor and Barton of Widdicombe, in the County of Devon, comprized in the Marriage Settlement of Walter Hele Gentleman and Philippe his Wife; and for raising and securing the Sum of Fifteen Hundred Pounds, for the Benefit of the Children of the said Walter and Philippe."

To these Acts the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"We have no further Commands from Her Majesty by this Commission."

Then the Commons withdrew; and the House was adjourned during Pleasure.

The House was resumed.

Cherry's Bill.

The Lord Delawar reported from the Lords Committees, to whom the Bill, intituled, "An Act for the Sale of certain Messuages, Lands, Tenements, and Hereditaments, contained in the Marriage Settlement of Francis Cherry Gentleman, deceased, and Elizabeth his Wife; and for converting the same into Ready Money, for the Benefit of his Wife and Children; and for Sale of other Estates, for Payment of the Debts of Francis Cherry and William Cherry," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Darbison versus Beaumont & Ux. in Errors

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Seventeenth Day of April last, wherein William Darbison, Lessee of Thomas Long, is Plaintiff, and John Beaumont and Dorothy his Wife are Defendants, to reverse a Judgement given in the Exchequer Chamber, whereby a former Judgement given in the Court of Exchequer on a special Verdict in Ejectment was reversed; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of Reversal given in the Exchequer Chamber be, and is hereby, reversed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Postmodumque, scilicet, Die Veneris, Vicesimo Octavo Die Maii, Anno Regni dictæ Dominæ Reginæ nunc Decimo Tertio, visis et per Cur. Parliament. prædict. diligent. examinat. et plenius intellect. tam Record. et Process. prædict. ac Judic. super eisdem reddit. quam præd. Causis pro Errore assign. et allegat. videtur Cur. Parliament. præd. nunc hic, quod in Recordo et Processu præd. in Reversatione Judic. præd. ut præfertur manifeste est Erratum, eo quod Judic. præd. sic ut præsertur prius reddit. pro præd. Will'o Darbison in Cur. Scaccarii dictæ Dominæ Reginæ reversat. suit pro prædict. Joh'e Beaumont et Dorothea Ux. ejus, ubi per Legem Terræ reddi et affirmari debuisset pro præfat. Will'o Darbison versus præd. Joh'em Beaumont & Dorotheam Ux. ejus: Ideo cons. est per eandem Cur. Parliamenti, quod Judic. præd. reddit. pro præfat. Will'o Darbison ut præfertur in omnibus affirmetur, ac in omni suo Robore stet et Effectu, et Reversat. ejusdem Judicii reversetur et pro nullo penitus habeatur; et quod præd. Will'us Darbison in Cur. Scaccarii dictæ Dominæ Reginæ habeat Executionem suam de Judic. prædict. pro præd. Will'o Darbison sic prius reddit. versus præd. Joh'em Beaumont et Dorotheam Ux. ejus, juxta Formam et Essectum Judic. præd.; ac superinde Record. et Process. præd. Cur. dictæ Dominæ Reginæ hic Parliament. præd. per eandem Cur. Parliament. præd. Cur. Scaccarii dictæ Dominæ Reginæ remittuntur, &c."

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the better regulating the Forces to be continued in Her Majesty's Service; and for the Payment of the said Forces, and of their Quarters;" to which they desire the Concurrence of this House.

Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating the Forces to be continued in Her Majesty's Service; and for the Payment of the said Forces, and of their Quarters."

Ordered, That the said Bill be read a Second Time on Wednesday next.

Wilson versus Tooker.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Wilson is Appellant, and James Tooker Respondent:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Eighth Day of June next, at Eleven a Clock.

E. of Scarbrough & al. Bill for enclosing Lands in Thormarton; and for settling Smith's Lands.

The Lord Halifax reported from the Lords Committees, to whom was referred the Bill, intituled, "An Act for parting and enclosing Two great Open Common Fields, and a large Open Greensward Common Down, lying and being in the Manor and Parish of Thormarton, alias Farmington, in the County of Gloucester; and also for settling a Modus, in Lieu of Tithes, upon the present Rector of Farmington aforesaid, and his Successors; and also for vesting certain Messuages and Lands, the Estate of Thomas Smith, an Infant, in Trustees, to be sold, and the Money thereby to be raised to be paid to Humphrey Smith, Father of the said Thomas; and for settling upon the said Infant an Estate in the said County, of greater Value, in Lieu thereof: That the Committee had considered the said Bill; and the Parties concerned had given their Consents; and that the Committee had made only One Amendment in the Title of the Bill."

Which was read Twice, and agreed to.

Ordered, That the said Bill be engrossed.

Scroope's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of some Out Parts of the Estate of Simon Scroope Esquire, in the Counties of York and Nottingham, for Payment of his Debts; and for other Purposes therein mentioned."

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. Browning and Mr. Dormer:

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

Hamilton's Bill.

Upon reading the Petition of Frederick Hamilton Esquire; shewing, "That, on the Fourth Day of May Instant, a Petition of the said Frederick Hamilton, and the surviving Executors, Trustees, and Residuary Legatees, of Joseph Ivie, deceased, was presented to this House, for Leave to bring in a Bill, for making good a Purchase therein mentioned, and other Purposes; which Petition was referred to Mr. Justice Powys Junior and Mr. Baron Banastre; and the Petitioner being advised by his Counsel, that, having paid his Purchase-money, it was proper the Estate should be vested in him by the Bill, he offered a Clause for that Purpose; but the Judges conceived the former Petition did not warrant the receiving such a Clause without the further Directions of this House; and praying Directions accordingly:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be referred to the said Mr. Justice Powys and Mr. Baron Banastre, to whom the said former Petition was referred.

Goulding & al. Bill, to confirm a Mortgage by Lord Howe.

The Earl of Scarbrough reported from the Lords Committees, to whom the Bill, intituled, "An Act for the rendering valid and effectual Two several Indentures of Demise and Mortgage, executed by Scrope late Lord Viscount How in the Kingdom of Ireland, deceased, by Virtue of a former Act of Parliament made for enabling him thereunto, notwithstanding some Defects therein," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had made some Amendments to the Bill."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Tittensor and Butt-lane, Highways, Staffordshire, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talke on the Hill, in Butlane, in the County of Stafford."

Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday the Fifth Day of June next.

Queen's Bounty to poor Clergy, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the making more effectual Her Majesty's gracious Intentions, for the Augmentation of the Maintenance of the poor Clergy."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum nonum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.