House of Lords Journal Volume 17: 14 March 1705

DIE Mercurii, 14 Martii.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Subsidy Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to Her Majesty a further Subsidy on Wines and Merchandizes imported."

ORDERED, That the said Bill be committed to a Committee of the whole House, at Two a Clock this Afternoon.

The Duke of Bolton reported, "That he had attended Her Majesty, to know what Time Her Majesty would please to appoint, for this House to attend Her, with their Representation and Address; and that Her Majesty had appointed this Afternoon, at One a Clock, at St. James's."

Then the House was adjourned during Pleasure; and the Lords went to St. James's.

After some Time, the House was resumed.

And the Lord Keeper reported Her Majesty's Answer to the Address; (videlicet,)

Queen's Answer to Representation and Address:

My Lords,

"I should have granted the Writ of Error desired in this Address; but, finding an absolute Necessity of putting an immediate End to this Session, I am sensible there could have been no farther proceeding upon that Matter."

Thanks of the House for Her Majesty's Answer:

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the humble Thanks of this House be presented to Her Majesty, for Her most gracious Answer, in which She has expressed so great a Regard to the Judgement of this House, so much Compassion to the Petitioners, and such Tenderness to the Rights of the Subject.

ORDERED, That the Lords with White Staves do attend Her Majesty, in the Prince's Lodgings, with the said Order of Thanks.

Representation, Address, and Answer, to be printed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Representation and Address this Day presented to Her Majesty, with Her Majesty's most Gracious Answer thereunto, and the Thanks of this House for the same, together with the Papers annexed to the said Representation and Address, and laid before Her Majesty, shall be forthwith printed and published; and that the Lords Committees who drew the said Representation and Address do take Care and give Directions therein.

Subsidy Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to Her Majesty a further Subsidy on Wines and Merchandizes imported."

After some Time, the House was resumed.

And the Lord Ferrers reported, "That the Committee 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 granting to Her Majesty a further Subsidy on Wines and Merchandizes imported."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, That the Lords have agreed to the said Bill, without any Amendment.

Message from H. C. for a Conference on the Amendment to Pechells & al. Nat. Bill.

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

To desire a Conference with this House, upon the Subject-matter of the Amendment made to the Bill, intituled, "An Act for naturalizing Jacob Pechels, "Elias Landes, Francis Lecroix, and others;" to which they have disagreed.

After some Time;

Answer.

The Commons were called in, and told, "That the Lords have considered of their Message, and will send an Answer by Messengers of their own."

Then 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 also 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; their Speaker made a Speech to Her Majesty, in relation to the Money Bills to be passed.

Bill passed.

Then the Clerk of the Parliaments took the said Bills from the Hands of the Speaker, and brought them to the Table; where the Clerk of the Crown read the Titles of them, and the other Bills to be passed, as follow; (videlicet,)

"1. An Act for continuing Duties upon Low Wines, and upon Coffee, Tea, Chocolate, Spices, and Pictures; and upon Hawkers, Pedlars, and Petty Chapmen, and upon Muslins; and for granting new Duties upon several of the said Commodities, and also upon Callicoes, China Ware, and Drugs."

"2. An Act for granting to Her Majesty a further Subsidy on Wines and Merchandizes imported."

"3. An Act for the better enabling Her Majesty to grant the Honour and Manor of Woodstock, with the Hundred of Wootton, to the Duke of Marlborough and his Heirs, in Consideration of the eminent Services by him performed to Her Majesty and the Public."

"4. An Act for Relief of Fulke Emes Gentleman, and others, who had elapsed their Times, either for paying their Money, or naming their Nominees, for purchasing Annuities; and also for Relief of Sir John Mead Knight and Baronet, who had elapsed his Time for paying Part of his Purchase-money for a forfeited Estate in Ireland; and also for Relief of Dorothy Ireland and others, in respect of several Tickets for Payment of Annuities, and of several Million Lottery and Malt Lottery Tickets, and Exchequer Bills, and Debentures of the Army, which have been burnt or lost."

"5. An Act for encouraging the Importation of Naval Stores from Her Majesty's Plantations in America."

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

(fn. 1) La Reine remercie ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

"6. An Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from several Acts lately passed in the Parliament of Scotland."

"7. An Act for giving like Remedy upon Promissory Notes as is now used upon Bills of Exchange, and for the better Payment of Inland Bills of Exchange."

"8. An Act to permit the Exportation of Irish Linen Cloth to the Plantations, and to prohibit the Importation of Scotch Linen into Ireland."

"9. An Act for the better recruiting Her Majesty's Land Forces, and the Marines, for the Year One Thousand Seven Hundred and Five."

"10. An Act for prohibiting all Trade and Commerce with France."

"11. An Act to prevent all traiterous Correspondence with Her Majesty's Enemies."

"12. An Act for punishing Mutiny and Desertion, and false Musters; and for the better Payment of the Army and Quarters."

"13. An Act for making perpetual an Act, for the more easy Recovery of small Tithes; and also an Act for the more easy obtaining Partition of Lands in Coparcenary, Joint Tenancy, and Tenancy in Common; and also for making more effectual and amending several Acts, relating to the Return of Jurors."

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

"15. An Act for the Relief of the Creditors of Thomas Pitkin, a Bankrupt; and for the apprehending of him, and the Discovery of the Effects of the said Thomas Pitkin and his Accomplices."

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

" (fn. 2) La Raine le veult."

"1. An Act for vesting in Trustees certain Manors and Lands of William Duke of Devonshire and William Cavendish (commonly called Marquis of Hartington) to enable them to mortgage the same, for Payment of Debts; and, subject thereunto, to settle the same to the like Uses as the same is now settled."

"2. An Act to enable the Right Honourable John Lord Poulett and Bridget Lady Poulett his Wife, with the Consent of their Trustees, to sell their Shares and Interest of and in certain Manors and Lands, in the County of Kent; and to purchase other Lands or Hereditaments, of the like Value, to be settled to the same Uses."

"3. An Act to vest the Estate of Charles Lord Howard Baron of Escrick in Trustees, to sell the same, for Payment of his Debts."

"4. An Act for Sale of several Estates in England and Ireland, for Payment of the Debts of Charles late Earl of Burlington and Corke."

"5. An Act for confirming an Agreement made by certain Articles, by and between John Earl of Kildare, Richard Lord Bellew, both of the Kingdom of Ireland, and Frances his Lady, Charlotte Countess of Newburgh, of the Kingdom of Scotland, and William Rowley Esquire; and for selling Part of the Estate of the said Earl of Kildare, for the Purposes therein mentioned."

"6. An Act for Confirmation of an Agreement made between Thomas late Lord Bishop of Carlisle, and Thomas Coke Esquire, for vesting the Rectory of Melborne, in the County of Derby, in the said Thomas Coke and his Heirs, upon Augmentation of the Rents to the Bishopric of Carlisle, and of the Stipend to the Vicar of Melborne."

"7. An Act for confirming a Lease heretofore made of certain Messuages and Lands in Epsam, by Sir Joseph Shelden and Sir James Edwards, to Humphry Bean, and agreed to be assigned to Sir Thomas Cooke Knight; and for enabling a Lease of other Lands adjoining to the same to be made to him."

"8. An Act for enabling Trustees to make Leases of Part of the Manor of Dingley, and Lands there, for Payment of the Debts of James Griffin Esquire, and raising Portions for Younger Children."

"9. An Act to make some Alteration and Amendments in an Act of Parliament obtained the last Ses sion, by Sir Peter Tyrrill and Thomas Tyrrill his Son, in order to enable them to sell several Lands in Hanslopp and Castletbropp, in the County of Bucks, which were settled upon the Marriage of the said Thomas Tyrril and Dorothy his Wife, and to settle other Lands in Lieu thereof."

"10. An Act for vesting in Trustees the Estate late of Sir Thomas Worsopp Knight, and John Worsopp Esquire his Son, deceased, in Finsbury Fields and Moorfields, in the Parish of Shoreditch, in the County of Middl'x, to be sold, for the Payment of Debts and Legacies; and the Overplus of the Money remaining, to be laid out for the purchasing of Messuages, Lands, Tenements, or Hereditaments of Inheritance, in the Kingdom of Ireland, to be settled as in the Act is particularly mentioned."

"11. An Act to enable William Cavendish Esquire to make a Settlement in Jointure upon any Wife he shall marry; and for the better raising the Portions charged upon his Estate; and for confirming Enfranchisements of several Copyhold Estates made by his Father, within the Manor of Dovebridge, in the Counties of Stafford and Derby."

"12. An Act to enable Sir George Warburton Baronet to sell the Manor or Lordship of Pulford, in the County of Chester, to perform an Agreement made upon his Marriage, for Payment of several Portions charged upon his Estate; and also to pay some Debts which his Father had Power to charge."

"13. An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Sir Michael Biddulph Baronet, as he was One of the Sureties for Morgan Whitley Esquire, Receiver General for the Counties of Chester and North Wales."

"14. An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Richard Cobb Esquire, as One of the Sureties for Thomas Cobb Gentleman, deceased, Receiver General for the County of Southampton and Isle of Wight."

"15. An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with John Mason Gentleman, who was Receiver General for the County, University, and Town of Cambridge, and Isle of Ely; and also with John Pickering Silkman, One of the said John Mason's Sureties, as he was such Receiver."

"16. An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Thomas Whitley Esquire, as he was One of the Sureties of Morgan Whitley Esquire, late Receiver General for the Counties of Chester and North Wales."

"17. An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with John Drake, John Dunton, and Edm'd Cocke, as Sureties for Augustine Briggs, Receiver General for the County of Norfolke and City of Norwich."

"18. An Act for vesting in Trustees all the Estate of Baldwyn Malett Esquire, and William Malett his Son and Heir Apparent, for Payment of the Debts of the said Baldwyn Malett to Her Majesty, as he was Receiver General for the County of Somerset, and City and County of the City of Bristoll; and for settling the Residue on the said William Malett, his Heirs and Assigns for ever, as by Agreement between the said Baldwyn Malett and William Malett."

"19. An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Michael Wicks Esquire, late Receiver General of the Plantation Duties in the Port of London."

"20. An Act to empower the Lord High Treasurer, or Commissioners of the Treasury, to compound with Thomas Kenyon, Executor of Luke Lloyd Esquire, as he was One of the Sureties of Morgan Whitley Esquire, late Receiver General for the Counties of Chester and North Wales."

"21. An Act for Sale of several Manors and Lands, in the Counties of Hereford, Radnor, and Brecon, for Payment of the Debts of Richard and Thomas Williams, late of Cabalva, in the County of Radnor, Esquire, deceased."

"22. An Act for Sale of Part of the Estate of Baptist May Esquire, deceased, for reimbursing Charles May Esquire, his Nephew, such Monies as he has expended, for discharging the Debts, Legacies, and Funeral Expences, of the said Baptist May."

"23. An Act for Sale of the Estate of Richard Ball, in Little Appleby and Great Appleby, in the Counties of Derby and Leicester; and for laying out so much of the Money as will purchase another Estate, of equal Value, to be settled to the same Uses; and the Residue in making Provision for Younger Children."

"24. An Act for the better Explanation of the Settlement of the Estate of William Trafford Gentleman and Clare his Wife, and William their Eldest Son; and for making more effectual a Provision for Younger Children, according to Agreements between them."

"25. An Act to enable James Lockbart Esquire and his Wife to sell certain Lands, Tenements, and Hereditaments, in the County of Essex, late of Sir Thomas Luckin Baronet, deceased, for Payment of their Debts; and to purchase other Lands with the Overplus of the Money, to be settled to the like Uses."

"26. An Act to enable Trustees to sell such Part of the Estate of Richard Lister Esquire and Frances Pate Lister his Wife, sole Daughter and Heir of Sir Thomas Smith Baronet, deceased, in the County of Chester and City of Chester, as remains unsold, in order to raise Money, for the Payment of the Debts of the said Sir Thomas Smith, and for Portions for Younger Children of the said Frances Pate Lister; and for applying the Overplus in the Purchase of other Lands, to be settled for confirming such Leases and Sales as have been made towards Discharge of the said Debts."

"27. An Act for vesting the Equity of Redemption of the Manor and Capital Messuage of Latchford, with the Appurtenances, and divers Freehold Messuages, Farms, and Lands, in Latchford and Hasely, in the County of Oxon, late the Estate of William Lentbail Esquire, deceased, in Trustees, to be sold, for discharging of Incumbrances thereupon."

"28. An Act for Sale of several Lands, in the Counties of Durham and Northumberland, late of Patricius Crowe Esquire, deceased, for the raising the Portions charged thereupon for his Younger Children."

"29. An Act for vesting the Estate of Joseph Grainge and Elizabeth his Wife in Trustees, to be sold; and to dispose of Part of the Money arising by such Sale, for the Maintenance of the said Elizabeth, pursuant to their Marriage Settlement; and to apply the Residue to the Payment of the Debts of the said Joseph Grainge."

"30. An Act for Sale of Part of the Estate of John Sands Esquire, in the County of Surrey, for Payment of his Debts, and raising a Portion for his Daughter."

"31. An Act for Sale of the Estate of Thomas Holford Esquire, in Plumbly and elsewhere, in the County of Chester, consisting chiefly in Reversions, to raise Money, for Payment of his Debts, and purchasing an Estate in Possession, to be settled to the same Uses as the other Estate was settled."

"32. An Act for Sale of several Lands and Hereditaments of George Nodes Esquire, in the County of Hertford, for Payment of his Debts, and the Debts of George Nodes Esquire, his Father, deceased, charged thereupon."

"33. An Act for raising Money, for Payment of the Debts of Thomas Hatcher Esquire, by Sale or Mortgage of some Part of his Estate; and for the better Execution of several Powers in his Marriage Settlement."

"34. An Act to enable John Green, of Gavellacre, in the County of Southampton, Clerk, to sell some Estates in Hackleston, in the County of Wilts; and for the settling other Estates, in Gavellacre, in the County of Southampton, of a better Value, to the same Uses."

"35. An Act for Sale of certain Lands and Tenements, in Heston, in the County of Midd'x, late the Estate of Mathew Lister and his Wife, and Timothy Whitfield and his Wife, for the Purposes therein mentioned."

"36. An Act for vesting an Estate mortgaged in Fee, by Thomas Burr, to Anthony Tomkins (now an Infant), in Trustees, to re-convey the same to the said Thomas Burr, or as he shall appoint, upon Payment of all the Monies due on the said Mortgage."

"37. An Act to enable Joseph Hinxman, of North Hinton, in the County of Southampton, Esquire, to sell some Estates in Andover, in the said County; and for the settling other Estates, in Christchurch Twyneham, in the said County, of a better Value, to the same Uses."

"38. An Act for settling of the Tithes of certain Lands, in Franckton, in the County of Warwick, upon Simon Biddulph Esquire and his Heirs; and for settling a Rent Charge, in Lieu thereof, upon the present Rector there, and his Successors for ever."

"39. An Act for Sale of several Lands and Chattelestates, in the County of Devon, and City and County of Exon, of Joseph Pince, for Payment of his Debts and Legacies charged upon his Estate; and for a Provision for himself, his Wife and Family."

"40. An Act to enable John Proctor, of Rock, in the County of Northumberland, Esquire, to sell or otherwise dispose of his Lands, in Shawdon, Shawdon Woodhouse, and Crawley, upon settling Lands of like Value, in the said County, in Lieu thereof."

"41. An Act for Sale of the Estate of Ambrose Scudamore Esquire, deceased, for Payment of the Mortgage-money and Debts thereupon; and placing out the Overplus-money to the Uses therein mentioned."

"42. An Act for vesting the Estate late of Thomas Guy Gentleman, deceased, in Trustees, to be sold, for the Payment of his Debts."

"43. An Act for Sale of several Lands, late of Thomas Goddard, of Rudlow, in the County of Wilts, Esquire, deceased, for Payment of his Debts; and for settling the Overplus upon Ambrose Goddard, for the Purposes therein mentioned."

"44. An Act for Sale of Part of the Estate of Edward Baines Gentleman, for Discharge of a Mortgage thereupon, and making Provision for his Daughters."

"45. An Act for severing and disuniting the Church or Chapel of Horne from the Church of Blechingley, in the County of Surrey."

"46. An Act to enable Trustees to raise Money, to pay the Debts of Mark Delves Esquire, deceased."

"47. An Act for Sale of the Estate of Charles Bludworth Esquire, deceased, for Payment of his Debts."

"48. An Act for raising Money, by a Mortgage of a Plantation in The Barbadoes, to pay the Debts of Robert Hooper."

"49. An Act for confirming and making good the last Will and Testament of Hugh Nanney Esquire, deceased."

"50. An Act for the Augmentation of the Vicarage of Gainsborough, in the County of Lincolne."

"51. An Act to enable Edmund Waller Esquire to charge his Estate (not settled upon his Wife in Jointure) with a Sum of Money, for Payment of his Debts."

"52. An Act to naturalize Margarita Cecilia Cadogan, Wife of Brigadier General Cadogan, Gilbert (fn. 3) Alfleck, and John Herman Louis."

"53. An Act to naturalize Andrew Girardot, alias Devermenoux, Francis Buzelin, and others."

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

"Soit fait come il est desire."

Then Her Majesty was pleased to say as followeth;

Queen's Speech.

"My Lords and Gentleman,

I cannot put an End to this Session, without doing you the Justice to acknowledge, you have fully made good the Assurances you gave Me at the Beginning of it, by the great Readiness you have shewn in the Dispatch of the Public Business: And I make no Doubt but this Dispatch will prove a real Advantage to us, and a great Discouragement to our Enemies.

Gentlemen of the House of Commons,

I return you My hearty Thanks in particular, for the great Supplies with which you have enabled Me to carry on this necessary War: I assure you, they shall be carefully applied to the Uses for which they have been given; and, I persuade Myself, I shall always have the chearful Assistance of My dutiful and loving Subjects, in the Prosecution of the present War, till out Enemies are obliged to such a Peace, as shall be a lasting Advantage and Security to us and to our Allies.

"My Lords and Gentlemen,

We have, by the Blessing of GOD, a fair Prospect of this great and desirable End, if we do not disappoint it by our own unreasonable Humour and Animosity; the fatal Effects of which we have so narrowly escaped in this Session, that it ought to be a sufficient Warning against any dangerous Experiments for the future.

I conclude, therefore, with exhorting you all to Peace and Union; which are always commendable, but more particularly necessary at this Time, when, the whole Kingdom being shortly to proceed to new Elections, it ought to be the Care of every body, especially such as are in public Stations, to carry themselves with the greatest Prudence and Moderation: Nothing will contribute more to our Reputation Abroad and our Security at Home."

Then the Lord Keeper, by Her Majesty's Command, said,

"My Lords and Gentlemen,

Parliament prorogued.

Her Majesty's Royal Will and Pleasure is, that this present Parliament be prorogued to the First Day of May next: And this Parliament is prorogued accordingly to the First Day of May next."

Die Lunæ, 2° Aprilis, 1705,

examined by us,

John Chichest'r.
Bergevenny.
Herbert.