House of Lords Journal Volume 19: 11 May 1714

DIE Martis, 11 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Kingston's Petition referred to Judges.

Upon reading the Petition of Rachel Lady Kingston; praying Leave to bring in a Bill, to enable her to make a Lease of the Capital Mansion-house of West Dean, in the County of Wilts, and other Lands and Tenements, Part of the Estate settled on her in Jointure on her Marriage with the Right Honourable William Pierrepont Esquire, commonly called Lord Kingston, deceased, notwithstanding her Infancy:

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 Mr. Justice Dormer and Mr. Justice Eyre; 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.

Dunstable and Hockley Highways, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making more effectual an Act, passed in the Ninth Year of Her Majesty's Reign, intituled, An Act for repairing the Highways between Dunstable and Hockley, in the County of Bedford."

And, after some Time spent therein, the House was resumed.

And the Earl of Warrington reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable;" to which they desire the Concurrence of this House.

Wynne's Bill.

The Earl of Rochester reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Richard Wynne Esquire and Sarah his Wife, and John Barrington Esquire, to make Partition of the Manor of Cottingham, alias Cottingham Sarum, in the County of York," was committed: "That they had considered the said Bill; and the Parties concerned given their Consents; and that the Committee had made some Amendments to the Bill."

Which were read Twice, and agreed to.

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

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That Her Majesty had been pleased to order a Commission to be issued under the Great Seal, for declaring Her Royal Assent to several Acts agreed upon by both Houses."

Then 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 Steward on his Right Hand; and the Earl of Mar 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; thereby commanding us, in Her Absence, to declare and notify to you, the Lords Spiritual and Temporal, and Commons, Her Royal Assent to several Acts, in this House, particularly mentioned in the said Commission; which Commission you will hear read."

Then 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 an Aid to Her Majesty, to be raised by a Land-tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fourteen:" "An Act for allowing a Drawback upon the Exportation of Salt, to be made Use of for the curing of Fish, taken at North Seas, or at Isleland:" "An Act for the building a new Church, or Chapel of Ease, in Great Yarmouth, in the County of Norfolk, by a Duty or Imposition on all Coals, Culm, and Cinders, to be landed there:" "An Act for repairing the Highways between Shepherd's Shord and Horsley Upright Gate, leading down Bagdon Hill, in the County of Wilts, and other ruinous Parts of Highways thereunto adjacent:" "An Act for repairing the Highway, or Road, from the City of Worcester to the Borough of Droitwich, in the County of Worcester:" "An Act for repairing the Highways between The Bear Inn in Reading, in the County of Berks, and a certain Place called Punt Field, in the said County:" "An Act for Sale of Part of the Estate of Joseph Olliver Gentleman, lying in the County of Devon and City of Exon, for Payment of his Debts, and for making Provision for Maintenance and Education of his Daughter:" 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 publickly, 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 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 Poulett Our Steward of Our Household, John Earl of Mer 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 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 Eleventh 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 Her Majesty's Commission now read, and to us and other Lords directed, we do declare and notify to you, the Lords Spiritual and Temporal and Commons in Parliament assembled, Her Majesty's Royal Assent to the several Acts, the Titles whereof are particularly mentioned in the Commission; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Speaker, after a short Speech, in relation to the Land Tax Bill to be passed, delivered the same to 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; (videlicet,)

"1. An Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fourteen."

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

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

"2. An Act for allowing a Drawback upon the Exportation of Salt, to be made Use of for the curing of Fish taken at North Seas or at Isleland."

"3. An Act for the building a new Church, or Chapel of Ease, in Great Yarmouth, in the County of Norfolk, by a Duty or Imposition on all Coals, Culm, and Cinders, to be landed there."

"4. An Act for repairing the Highways between Shepherd's Shord and Horsley Upright Gate, leading down Bagdon Hill, in the County of Wilts, and other ruinous Parts of Highways thereunto adjacent."

"5. An Act for repairing the Highway, or Road, from the City of Worcester, to the Borough of Droitwich, in the County of Worcester."

"6. An Act for repairing the Highways between The Bear Inn in Reading, in the County of Berks, and a certain Place called Punt Field, in the said County."

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

"La Reine le veult."

"7. An Act for Sale of Part of the Estate of Joseph Olliver Gentleman, lying in the County of Devon and City of Exon, for Payment of his Debts, and for making Provision for Maintenance and Education of his Daughter."

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

"Soit fait comme il est desiré."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"Nothing farther is to be done, in Pursuance of this Commission."

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

The House was resumed.

Tyrwhit et Ux. versus Trotman et al.

After hearing Counsel, upon the Petition and Appeal of Sir John Tyrwhit Baronet and Dame Mary his Wife, from a Decree of the Court of Chancery, made by the Master of the Rolls, the 19th Day of December 1712, in Two Causes; One, wherein the Appellants were Plaintiffs, and John Lloyd Gentleman, Charles Bertie Esquire, Ralph Freman Esquire, Samuel Trotman Esquire and the Lady Drake his Wife, Montague Garrard Drake Esquire, an Infant, by Jane Drake Widow his Guardian, the Right Honourable Simon Lord Harcourt, John Drake Esquire, and Bezaliel Knight, were Defendants; and the other, wherein the said Samuel Trotman and the Lady Drake his Wife were Plaintiffs, and the said John Lloyd, Sir John Tyrwhit and Dame Mary his Wife, Charles Bertie, Ralph Freman, Mountagu Garrard Drake, by his said Guardian Simon Lord Harcourt, and Bezaliel Knight, were Defendants; praying, "That the said Decree may be reversed:" As also upon the several Answers of the said Samuel Trotman and Dame Elizabeth Drake his Wife, John Lloyd, Ralph Freman, Mountagu Garrard Drake, and Bezaliel Knight, put in to the said Appeal; 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 so much of the said Order, whereby it is decreed, "That the Debts owing by the Testator on the Mortgages to Foxcroft and Lloyd, as well as his other Debts, should, in the First Place, be paid out of his Personal Estate; and that nothing ought to be raised by or out of the Profits of the Manor of Croft, devised to Lloyd for Ten Years, on Trust, to raise thereout Eight Thousand Pounds, for the Purposes mentioned in the said Testator's Will; or by Sale of the excepted Parcels in Croft, which were comprized in Lloyd's Mortgage, for satisfying the several Mortgages by the Will directed to be satisfied thereout, or increasing the Dividend between the Lady Drake and the Lady Tyrwhit," be, and the same is hereby, reversed: And it is further Ordered and Adjudged, That the Profits of the Trust Term of Ten Years, not exceeding Eight Thousand Pounds, be applied, in the First Place, to satisfy what remained due, on the Mortgage of Little Oakley, to Elizabeth Foxcroft; and the Surplus of such Profits, as also the Profits of the said excepted Lands in Croft, comprized in the Mortgage to Lloyd, until Sale thereof, and the Surplus of the Money arising by Sale of the said excepted Lands, after Satisfaction thereout, in the First Place, of what remained due on Lloyd's Mortgage, be considered as Part of the Personal Estate of the Testator, and go in Augmentation thereof, and for increasing the Dividend to be made between the Lady Drake and the Lady Tyrwhit; and the Court of Chancery is hereby ordered to direct the Sale of the said excepted Lands; preserving nevertheless the Right of Preemption of the said excepted Lands to the Respondent Montague Garrard Drake, according to the Will of the said Testator; and to give such other Directions, in Pursuance of this Order, as shall be just.

Scroope's Bill.

Hodie 2^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."

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

Their Lordships, or any Five of them; to meet on Wednesday the Twenty-seventh Day of this Instant May, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Golding et al. Bill, to confirm a Mortgage by L. How.

Hodie 2^a vice lecta est Billa, 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."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed; to meet at the same Time and Place.

Brown's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of William Brown, an Infant, lying in the Parishes of Bridgwater, Northpetherton, and Western Zoyland, in the County of Somerset, in Trustees, to be sold, for Payment of a Mortgage, and other Debts and Legacies."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed; to meet at the same Time and Place.

Nisbet et al. further Time to answer Morison's Appeal.

The House being moved, "That William Nisbett, Dame Jane Nisbett, and the other Respondents to the Appeal of William Morison Esquire, depending in this House, who were ordered to answer the said Appeal on or before Thursday next, may have further Time allowed for that Purpose:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the several Respondents to the said Appeal have hereby Time allowed, for answering thereunto, until Tuesday the First Day of June next, at Eleven a Clock.

Lady Haversham versus L. Haversham.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Martha Lady Dowager Haversham is Appellant, and Maurice Lord Haversham and others are Respondents:"

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 Thursday the Twenty-seventh Day of this Instant May, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, duodecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.