House of Lords Journal Volume 19: 6 July 1713

DIE Lunæ, 6 Julii.

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 to several Lords therein named, for declaring Her Royal Assent to several Bills 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; with 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 sign a Commission, under Her Great Seal of Great Britain; and has thereby given Her Royal Assent to divers Bills therein mentioned, which have passed both Houses; and, by the said Commission, hath commanded us, in Her Absence, to declare and notify to you the Lords Spiritual and Temporal and Commons Her Royal Assent to the said several Bills, in this House, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission we desire may 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 to explain a Clause in an Act of the last Session of Parliament, intituled, An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for the electing Knights of Shires to serve in Parliament, as far as the same relates to the ascertaining the Value of Freeholds of Forty Shillings per Annum:" "An Act for the better regulating the Elections of Members to serve in Parliament for that Part of Great Britain called Scotland:" "An Act for the more effectual preventing and punishing Robberies that shall be committed in Houses:" "An Act for raising the Militia for the Year One Thousand Seven Hundred and Thirteen, although the Month's Pay formerly advanced be not re-paid:" "An Act for continuing an Act made in the Third and Fourth Years of the Reign of Her present Majesty, intituled, An Act for encouraging the Importation of Naval Stores from Her Majesty's Plantations in America; and for encouraging the Importation of Naval Stores from that Part of Great Britain called Scotland, to that Part of Great Britain called England:" "An Act for continuing the Acts therein mentioned, for preventing Theft and Rapine upon the Northern Borders of England:" "An Act for better enabling James Earl of Salisbury and his Trustees to make Sale of certain Manors, Lands, and Hereditaments, in the Counties of Northampton and Dorset, and a Fee-farm Rent, for the Purposes in the said Act mentioned:" "An Act for the Sale of the Reversion and Inheritance of the Manor of Morley, in the County of York, together with a Term of Five Hundred Years therein, decreed to be sold, for Payment of Debts; and also for exchanging a Fee-farm Rent of the Coheirs of William late Marquis of Halifax, issuing out of Part of Leiffield Forest, in Rutlandshire, for a Fee-farm Rent of Daniel Earl of Nottingham, issuing out of Hartingfordbury, in Hartfordshire; and for settling the same to such Uses as the said Fee-farm Rent in Rutlandshire was settled:" "An Act for raising Five Thousand Pounds Portion, out of several Lands in Midd'x and Warwickshire charged therewith (being the Estate of the Right Honourable Gilbert Earl of Coventry); and for paying the same to the Lady Ann Coventry his Daughter, at her Marriage, though the same should be before her Age of Eighteen Years:" "An Act for vesting divers Lands and Hereditaments, in the Counties of Warwick and Bedford, (late the Estate of Sir Roger Burgoyne Baronet, deceased,) in Trustees, for divers Purposes therein mentioned:" "An Act for discharging the Manors and Lordships of Bexwell and Tinworth, in the County of Norfolk, from the several Uses, Trusts, and Estates thereof, limited in and by the Marriage Settlement of Sir John Holland Baronet with the Lady Rebecca his Wife; and for settling divers other Manors, Messuages, Lands, Tenements, and Hereditaments, of a greater Value, and which lie more convenient, in the same County, in Lieu thereof:" "An Act for enabling Henry Lee the Younger, alias Lee Warner, to make a Jointure upon his Marriage:" "An Act to amend several Defects in an Act of Parliament, made in the Tenth Year of the Reign of His late Majesty King William the Third, (intituled, An Act to enable Thomas Byde Esquire, an Infant, with the Consent of his Guardians and next Relations, to make a Contract for the buying in his Mother's Jointure; and to sell a small Estate in Great Amwell, in the County of Hertford; and likewise for the securing and raising a Portion for Barbara Byde Spinster, Sister of the said Thomas Byde; and for other Purposes in the said Act mentioned;) and to enable the said Thomas Byde to raise Monies, and to make Leases, for the Purposes in the present Act mentioned:" "An Act for uniting and consolidating the Rectories, Advowsons, and Parishes, of Melton St. Maries and Melton All Saints, in the Diocese of Norwich, in the County of Norfolk:" "An Act to enable William Booth Gentleman to sell certain Lands and Hereditaments, in the County of Chester, for Payment of the Debts of his Brother, with whom, and for which, he stands bound; and for applying the Surplus (if any) of the Money raised for such Purpose, towards Payment of his own proper Debts:" 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 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 Poulett Our Steward of Our Household, William Earl of Dartmouth Our Principal Secretary, and Henry Viscount Bullingbrooke 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, 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 Sixth Day of July, 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, 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 mentioned in this Commission; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk of the Crown read the Titles of the Acts to be passed, severally, as follows; (videlicet,)

"1. An Act to explain a Clause in an Act of the last Session of Parliament, intituled, An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for the electing Knights of Shires to serve in Parliament, as far as the same relates to the ascertaining the Value of Freeholds of Forty Shillings per Annum."

"2. An Act for the better regulating the Elections of Members to serve in Parliament for that Part of Great Britain called Scotland."

"3. An Act for the more effectual preventing and punishing Robberies that shall be committed in Houses."

"4. An Act for raising the Militia for the Year One Thousand Seven Hundred and Thirteen, although the Month's Pay formerly advanced be not re-paid."

"5. An Act for continuing the Act made in the Third and Fourth Years of the Reign of Her present Majesty, intituled, An Act for encouraging the Importation of Naval Stores from Her Majesty's Plantations in America; and for encouraging the Importation of Naval Stores from that Part of Great Britain called Scotland to that Part of Great Britain called England."

"6. An Act for continuing the Acts therein mentioned, for preventing Theft and Rapine upon the Northern Borders of England."

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

"La Reine le veult."

"7. An Act for better enabling James Earl of Salisbury and his Trustees to make Sale of certain Manors, Lands, and Hereditaments, in the Counties of Northampton and Dorset, and a Fee-farm Rent, for the Purposes in the said Act mentioned."

"8. An Act for the Sale of the Reversion and Inheritance of the Manor of Morley, in the County of York, together with a Term of Five Hundred Years therein, decreed to be sold, for Payment of Debts; and also for exchanging a Fee-farm Rent of the Coheirs of William late Marquis of Halifax, issuing out of Part of Leiffield Forest, in Rutlandshire, for a Fee-farm Rent of Daniel Earl of Nottingham, issuing out of Harting fordbury, in Hertfordshire; and for settling the same to such Uses as the said Fee-farm Rent in Rutlandshire was settled."

"9. An Act for raising Five Thousand Pounds Portion, out of several Lands in Middlesex and Warwickshire charged therewith (being the Estate of the Right Honourable Gilbert Earl of Coventry); and for paying the same to the Lady Ann Coventry his Daughter, at her Marriage, though the same should be before her Age of Eighteen Years."

"10. An Act for vesting divers Lands and Hereditaments, in the Counties of Warwick and Bedford, (late the Estate of Sir Roger Burgoyne Baronet, deceased,) in Trustees, for divers Purposes therein mentioned."

"11. An Act for discharging the Manors or Lordships of Bexwell and Tinworth, in the County of Norfolk, from the several Uses, Trusts, and Estates, thereof limited in and by the Marriage Settlement of Sir John Holland Baronet with the Lady Rebecca his Wife; and for settling divers other Manors, Messuages, Lands, Tenements, and Hereditaments, of a greater Value, and which lie more convenient, in the same County, in Lieu thereof."

"12. An Act for enabling Henry Lee the Younger, alias Lee Warner, to make a Jointure, upon his Marriage."

"13. An Act to amend several Defects in an Act of Parliament made in the Tenth Year of the Reign of His late Majesty King William the Third, (intituled, An Act to enable Thomas Byde Esquire, an Infant, with the Consent of his Guardians and next Relations, to make a Contract for the buying in his Mother's Jointure; and to sell a small Estate, in Great Amwell, in the County of Hertford; and likewise for the securing and raising a Portion for Barbara Byde Spinster, Sister of the said Thomas Byde, and for other Purposes in the said Act mentioned;) and to enable the said Thomas Byde to raise Monies, and to make Leases, for the Purposes in the present Act mentioned."

"14. An Act for uniting and consolidating the Rectories, Advowsons, and Parishes, of Melton St. Maries and Melton All Saints, in the Diocese of Norwich, in the County of Norfolk."

"15. An Act to enable William Booth Gentleman to sell certain Lands and Hereditaments, in the County of Chester, for Payment of the Debts of his Brother, with whom, and for which, he stands bound; and for applying the Surplus (if any) of the Money raised for such Purpose, towards Payment of his own proper Debts."

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

"Soit fait comme il est desiré."

Then the Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"This is all that is to be done by Virtue of these Letters Patents."

The House was adjourned during Pleasure.

The House was resumed.

Jacobsen versus Hannekenius.

Upon reading the Petition and Appeal of Jacob Jacobsen, Executor of the last Will and Testament of Theodore Jacobsen, late of London, Merchant, deceased, from a Decree made in the High Court of Chancery the 23d Day of May 1712, and a subsequent Order in the same Court of the 19th of June last, which was passed and settled on the 27th of the same Month, on the Behalf of Balthazar Meno Hannekenius and Tetha Catherina his Wife, Theodore Balthazar Jacobsen, and Balthazar Mentzer; praying, "That the said Decree and Order may be reversed and set aside; and, that the said Parties may answer the said Appeal; and, in regard most of them reside at Hambro', that the Service of the Order of this House on their Clerk in Court may be good Service:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Balthazar Meno Hannekenius and the other Parties 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 or before Saturday next, at Eleven a Clock; and that the Service of this Order on the Respondents Clerk in Court shall be good Service, in order thereunto.

Seal and Wood to be discharged.

Upon reading the Petition of Philip Seal and Nicholas Wood, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege of Parliament, in illegally taking and detaining in Custody William Osman, Steward to the Right Honourable the Lord Bergavenny, and uttering Words derogatory to his Lordship's Person; expressing their Sorrow for their Offence, and praying to be discharged:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Philip Seal and Nicholas Wood be brought to the Bar of this House on Wednesday next, in order to their Discharge.

Queen's Message, that She does not go to St. Paul's:

The Earl of Dartmouth, by Her Majesty's Command, acquainted the House, "That Her Majesty, not having yet entirely recovered Her Strength since Her last Fit of the Gout, and being apprehensive that the Fatigue of going to St. Paul's Church, as She intended, may be too great, chooses rather to return Her Thanks to Almighty God, for the Blessings of Peace, in Her Chapel at St. James's; but desires that this House will proceed to St. Paul's Church with as much Solemnity as if Her Majesty was to be in Person there."

House to go there notwithstanding.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will go as a House to St. Paul's Church To-morrow, being the Day appointed by Her Majesty for a Public Thanksgiving, and with the same Solemnity as before directed.

Despard versus Ormsby:

After hearing Counsel, upon the Petition and Appeal of William Despard Esquire, Thomas Croasdaile Esquire, Henry Croasdaile Gentleman, Robert Shaw Esquire, and John Ringrose Gentleman, Executors of the last Will and Testament of Thomas Croasdaile Esquire, deceased, from several Orders and Decrees made in Her Majesty's Court of Exchequer in Ireland, in a certain Cause, wherein Arthur Ormsby Esquire and Dorothy his Wife, William Usher Esquire and Lettice his Wife, were Plaintiffs, and the Petitioners, together with the Executors of the last Will and Testament of Sir Henry Waddington Knight, deceased, Simon Lord Bishop of Elphin, Gilbert Ormsby Esquire, William Butler and Dame Abigail his Wife, Relict of the said Sir Henry Waddington, and others, were Defendants; praying Relief in the Premises; and that the Orders and Decrees abovementioned, and all subsequent Orders and Decrees made in Pursuance thereof, may be reversed: As also upon the Answer of the said Arthur Ormsby and Dorothy his Wife, and William Usher and Lettice his Wife, 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 Decrees; Orders, and Proceedings, therein complained of, shall be, and are hereby affirmed: And it is further Ordered, That the said William Despard and other Appellants shall pay, or cause to be paid, to the said Arthur Ormsby and other Respondents, the Sum of Sixty Pounds, for their Costs.

Queen's Answer to Address upon Her Answer concerning the Pretender's Residence:

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) presented to Her Majesty the Address of this House of Friday last; and Her Majesty was pleased to receive the same very graciously."

Address and Answer to be printed.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Address of this House, presented to Her Majesty on Thursday last, and Her Majesty's most Gracious Answer thereunto; and the Address of this House thereupon presented to Her Majesty, and Her Majesty's most Gracious Answer to the said Address, be forthwith printed and published.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, septimum diem instantis Julii, hora octava Auroræ, Dominis sic decernentibus.