House of Lords Journal Volume 18: 24 February 1709

DIE Jovis, 24 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Prayers.

L. Willoughby de Broke. Petition referred to Judges.

Upon reading the Petition of Richard Lord Willughby de Broke; praying Leave to bring in a Bill, for explaining a Clause in an Act of Parliament made in the Seven and Twentieth Year of the Reign of King Henry the Eighth, (fn. 1) and enabling Tenant in Tail for the Time being to make Jointures of any Lands or Hereditaments thereby entailed for the Wife or Wives of the Son and Heir Apparent of such Tenant in Tail, and of the Eldest Son of such Heir Apparent, for the Time being, inheritable to the Entail:

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 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.

Hedges versus Hedges.

Upon reading the Petition and Appeal of Dame Anne Hedges, the Widow and Executrix of Sir William Hedges late Knight and Alderman of London, deceased, and of John Hedges and Charles Hedges, Sons of the said Sir William Hedges, Infants, by the said Dame Anne Hedges their Mother and Guardian, from a Decree made in the Court of Chancery, the Twenty-sixth Day of November One Thousand Seven Hundred and Eight, on the Behalf of William Hedges and Robert Hedges, Sons of the said William Hedges by a former Wife; and praying, "That the said Decree may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Hedges and Robert Hedges may have a Copy of the said Appeal: and shall and the yare hereby required to put in their Answers thereunto, in Writing, on Thursday the Tenth Day of March next, at Eleven a Clock.

Jennens versus Blenkarne.

Upon reading the Petition of Robert Jennens Esquire and Anne his Wife, sole Daughter, Heir and Executrix of Carew Guydot Esquire, deceased, Two of the Respondents; shewing, "That they have answered the Appeal of William Blenkarne; and that the Appellant has not entered into Recognizance for Costs, as usual;" and praying, "That the Appellant do enter into Recognizance for Costs, and a short Day may be appointed for hearing the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Blenkarne do forthwith enter into Recognizance to answer Costs, as is usual; and that this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Third Day of March next, at Eleven a Clock.

May versus Harman.

The House being this Day moved, "That an Alteration may be made in the Petition and Appeal of Richard May, brought into this House the Seventh Day of this Instant February, by altering the Date of the Decree therein mentioned, from (April) to (November):"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Amendment shall be made, as desired.

Stafford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Reversion of several Lands and Tenements expectant on Leases for Lives, the Estate of Hugh Stafford, of Pynes, in the County of Devon, Esquire, to be sold, for Payment of Debts; and, by discharging his Power of leasing, to secure other Lands, to come into Possession to his Son, in Lieu thereof."

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

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

Lacy's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Manors, Lands, and Tenements, of John Lacy Esquire, in the Counties of Essex, Cambridge, and Middl'x, to be sold, for Payment of his Debts, making Provision for his Children unprovided for, and other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Pierpont's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for better establishing certain Charities of John Pierrepont."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it, and Lacy's Bill.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Hiccocks:

To carry down the abovesaid Two Bills, and desire their Concurrence thereunto.

Turner et al. Leave for a Bill.

After reading, and considering, the Report of Mr. Justice Blencowe and Mr. Justice Tracy, to whom was referred the Petition of Thomas Turner Esquire and Dame Mary Cooke his Wife, Committee of Sir John Bolles Baronet, a Lunatic, and others; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given to bring in a Bill, according to the Prayer of the Petition.

Fowle versus Fillis.

Upon reading the Petition of John Fowle, Respondent to the Appeal of Patrick Ellis; shewing, "That this Cause is appointed to be heard To-morrow; and that in regard Counsel on neither Side can then attend (though they are retained and instructed);" * and praying a short Day for hearing thereof, the Appellant's Solicitor consenting thereto:

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 Monday the Twenty-eighth Day of this Instant February, at Eleven a Clock.

Howe's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable William Howe, of Somerton-Early, in the County of Somerset, Esquire, to sell the Manor and Farm of Gunville-Eastbury, alias Tarrant-Gunville, in the County of Dorset, and several Messuages, Lands, Tenements, and Hereditaments, in Gunville-Eastbury, alias Tarrant-Gunville, aforesaid; and to settle other Lands and Hereditaments, of greater Value, to the same Uses to which the said Manor and Premises in Gunville-Eastbury, alias Tarrant-Gunville, now stand limited, in Lieu thereof."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Peyton and others:

Who brought up a Bill, intituled, "An Act for preserving and enlarging the Harbour of Whitehaven, in the County of Cumberland;" to which they desire the Concurrence of this House.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Commission to pass Bills.

The Lord Chancellor acquainted the House, "That Her Majesty has been pleased to grant a Commission to the Lord Archbishop of Canterbury, the Lord Chancellor, the Lord Treasurer, the Lord Privy Seal, the Lord Steward, the Duke of Somerset, the Duke of Marlborough, the Lord High Admiral, and the Earl of Sunderland, for passing several Acts therein mentioned."

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 Archbishop of Canterbury on his Right Hand; the Duke of Somerset and the 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 personally present in Parliament, has been pleased to issue Her Commission, to authorize the Lords empowered to hold this Parliament, to declare and notify to both Houses the Royal Assent to several Acts passed both Houses, in the said Commission contained: Which Commission we desire may be read."

Then the Commission was read, 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, divers and sundry Acts, annexed and affiled to these Presents, 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 Nine:" "An Act for continuing an Act made in the First Year of Her Majesty's Reign, intituled, An Act for the rebuilding and repairing the Piers of the Town and Port of Whitby, in the County of York:" "An Act to enable Edward Sainthill (late Edward Yard) Esquire to change his Surname from Yard to Sainthill, according to the Will of Samuel Sainthill Esquire, deceased:" "An Act for naturalizing Charlotta Christiana Lady Duffus." 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 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 Right Entirely-beloved 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, and Our Right Trusty and Right Wellbeloved Cousins and Counsellors Thomas Earl of Pembroke and Montgomery Our High Admiral of Great Britain, and Charles Earl of Sunderland One of Our Principal Secretaries of State, 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 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. And whereas, by Our Letters Patents, bearing Date at Westminster the Fifteenth Day of November last past, We did give and grant unto the said Archbishop of Canterbury, Our High Chancellor of Great Britain, Our High Treasurer or Great Britain, Our Keeper of Our Privy Seal, Our Steward of Our Household, Our Master of Our Horse, John Duke of Marlborough, Thomas Earl of Pembroke and Montgomery then President of our Council, and Charles Earl of Sunderland, or any Three of them, full Power, in Our Name, to begin and hold this Our Parliament, and to open and declare, and cause to be opened and declared, the Causes of Our calling of it, and to proceed upon those Affairs, and in the said Parliament, and in all Matters arising therein, and to do every Thing which for Us, and by Us, for the good Government of Our Kingdom of Great Britain, and of other Our Dominions belonging to Our said Kingdom, should be therein to be done, and, if necessary, to continue, adjourn, and prorogue Our said Parliament; We do hereby further declare, that Our said Letters Patents, and every Clause, Matter, and Thing therein contained, are, and shall be, in as full Force and Power, these Our Letters Patents, or any thing herein, notwithstanding, as if these Presents had not been had or made. And Our Will and Pleasure is, and We do ordain and constitute, that the said Archbishop of Canterbury, Our High Chancellor of Great Britain, Our High Treasurer of Great Britain, Our Keeper of Our Privy Seal, Our Steward of Our Household, Our Master of Our Horse, John Duke of Marlborough, Thomas Earl of Pembroke and Montgomery, and Charles Earl of Sunderland, or any Three of them, shall put in Exccution all the Powers and Authorities in the said Letters Patents mentioned and expressed, that yet remain to be done and executed. In Witness whereof, we have caused these Our Letters to be made Patents.

"Witness Ourself, at Westm'r, the Four and Twentieth Day of February, in the Seventh 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 Commissions to us among other Lords directed (One whereof 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 several Acts in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

Bills passed.

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 Assistant (in the Absence of the Clerk of the Crown) read the Titles of the Bills to be passed, severally, as follow; (videlicet,)

"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 Nine."

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."

"2. An Act for continuing an Act made in the First Year of Her Majesty's Reign, intituled, An Act for the rebuilding and repairing the Piers of the Town and Port of Whitby, in the County of York."

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

"La Raine le veult."

"3. An Act to enable Edward Sainthill (late Edward Yard) Esquire to change his Surname from Yard to Sainthill, according to the Will of Samuel Sainthill Esquire, deceased."

"4. An Act for naturalizing Charlotta Christiana Lady Duffus."

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

"Soit fait come il est desiré."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"This is all we have to do at present, by virtue of the said Commissions."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Februarii hora undecima Auroræ, Dominis sic decernentibus.

Sabbati, 7 die Maii 1709.
Hitherto examined by us,
J. Ely.
Ric. Peterb.
Halifax.