House of Lords Journal Volume 18: 20 December 1707

DIE Sabbati, 20 Decembris.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Viscount Weymouth takes the Oaths.

This Day Thomas Lord Viscount Weymouth took the Oaths of Allegiance and Supremacy, and the Oath of Abjuration, and also made and subscribed the Declaration, pursuant to the Statutes.

Bp. Lincoln to preach 30th January.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Lincoln be, and he is hereby, desired to preach before this House, in the Abbey Church at Westminster, on Friday the Thirtieth Day of January next.

Malt, &c. Duties, Bill:

Hodie 2^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 Eight."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee of the whole House 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 charging and continuing the Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Eight."

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. Gery and Mr. Medlicote:

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

Queen's Answer to the Address upon Her Speech:

The Lord Chancellor reported Her Majesty's Answer to the Address, as followeth; (videlicet,)

"I return you many Thanks, for your Address, and the Assurances of your Zeal to support Me in the present War.

"Nothing shall be wanting, on My Part, either Abroad or at Home, to make My People safe and happy."

Address and Answer to be printed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Address of this House presented to Her Majesty Yesterday, and Her Majesty's most Gracious Answer thereunto, shall be forthwith printed and published.

Woollen Cloth, Exportation, Bill.

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Exportation of White Woollen Cloth."

After hearing several Persons, pursuant to the Order of the Nineteenth Instant, the House was resumed.

Mr. Hill, from the Lord High Admiral, at the Bar, delivered the several Papers, pursuant to the Order of this House of the Thirteenth Instant, except the List of Seamen turned over from One Ship to another.

State of the Fleet and Trade, and of the War in Spain, &c.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on the Third Day of the Sitting of this House after the Recess, the House shall be put into a Committee again, to consider further of the State of the Nation, in relation to the Fleet, and the Trade of the United Kingdom of Great Britain, and the War in Spain.

E. Kilmarnock's Petition referred to Judges.

Upon reading the Petition of the Right Honourable William Earl of Kilmarnock, Sarles Goatley Executor of the last Will and Testament of Lettice late Countess of Kilmarnock deceased, Mother of the said Earl of Kilmarnock, Thomas Boyd Brother of the said Earl of Kilmarnock, and Charlotte Maria Gardner Daughter of the said late Countess of Kilmarnock, Infants, by the said Sarles Goatley their Guardian; praying Leave, "That a Bill may be brought into this House, to vest the Premises mentioned in the Petition, and all the Real and Leasehold Estate late of the said Thomas Boyd, Mary Boyd, and Lettice late Countess of Kilmarnock of Ireland, in Trustees, to the End they may be sold, for the raising Portions for the Petitioners Thomas Boyd and Charlotte Maria Gardner; and for reimbursing the Petitioner the Earl of Kilmarnock the Money he hath paid in discharging the Debts of his said late Mother, and the Residue for the proper Use and Benefit of the Earl of Kilmarnock:"

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 Mr. Justice Powell; who are forthwith to summon all Parties that are to be 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 Persons concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

The House being moved, "That a Bill may be brought in, for settling and establishing a Court of Exchequer in North Britain, in Pursuance of the Articles of Union:"

Court of Exchequer, North Britain, Establishment.

Lords Committees were appointed, for drawing a Bill, for settling and establishing a Court of Exchequer in North Britain, in Pursuance of the Articles of Union; and report to the House; (videlicet,)

The Lord Chief Baron of the Court of Exchequer and the rest of the Barons to assist.

Their Lordships, or any Five of them; to meet presently in the Prince's Lodgings near the House of Peers; and to adjourn to what Time and Place they shall think fit.

Warner & al. versus Hawes & al.

Upon reading the Petition and Appeal of Anne Warner Widow, Anne Warner Spinster, Elizabeth Warner, Mary Warner, and Edmund Warner, Four Children of the said Anne Warner Widow, and Grand Children of Nathaniel Hawes deceased, from a Decree made in the Court of Chancery, the Seventh of February One Thousand Seven Hundred and Four, on the Behalf of Thomas and Anne Hawes, and Elizabeth Hawes Widow, and Elizabeth Hawes Spinster; and praying, "That the said Decree may be rectified and altered, as to the Point of the Mortgage Debt and Interest, mentioned in the Petition, being charged upon the Personal Estate; and that the Legatees may bear their own Burthen, or at least their Proportions of the Deficiency; and that all further Proceedings be stayed; and that the Service of this Order on the Respondents Clerk in Court may be good Service, in order to their answering the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas and Anne Hawes, Elizabeth Hawes Widow, and Elizabeth Hawes Spinster, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on the Fourteenth Day of January next, at Ten a Clock in the Forenoon; and that, in the mean Time, all Proceedings on the said Decree shall be, and they are hereby, stayed; and that the Service of this Order on the Respondents Clerk in Chancery shall be good Service, in order to their answering thereunto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Queen present:

Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, attended with Her Officers of State (the Peers being in their Robes), commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "It is Her Majesty's Pleasure, that they attend Her presently, in the House of Peers."

Who being come, with their Speaker; the Clerk of the Parliaments received the Money Bill from the Hands of the Speaker, and brought it to the Table; where the Clerk of the Crown read the Title, as follows:

Bill passed.

"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 Eight."

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

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.