House of Lords Journal Volume 18: 1 April 1708

Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 18: 1 April 1708', in Journal of the House of Lords: Volume 18, 1705-1709, (London, 1767-1830) pp. 563-568. British History Online https://www.british-history.ac.uk/lords-jrnl/vol18/pp563-568 [accessed 26 April 2024]

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In this section

Die Jovis, 1 Aprilis.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunel. & D. Crewe.
Epus. Winton.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Cicestr.
Epus. Bangor.
Epus. Carliol.
Epus. Bath & Well.
Epus. Landaven.
Epus. Norwic.
Ds. Cancellarius.
Comes Pembroke, Præses.
Dux Newcastle, C. P. S.
Dux Somerset.
Dux Richmond.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Shrewsbury.
Dux Buckingham & Nor.
Dux Queensberry.
Dux Montrose.
Dux Roxburghe.
March. Kent, Camerarius.
March. Tweeddale.
Comes Derby.
Comes Lincolne.
Comes Dorsett & Middl'x.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Carnarvon.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Holdernesse.
Comes Plimouth.
Comes Warrington.
Comes Bradford.
Comes Greenwich.
Comes Cholmondeley.
Comes Sutherland.
Comes Wemyss.
Comes Seafield.
Comes Stair.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Ds. d' Berkeley.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Jermyn.
Ds. Byron.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Weston.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.
Ds. Hervey.

PRAYERS.

Sir J. Wentworth's Bill.

The Lord Sommers reported from the Lords Committees, the Bill, intituled, "An Act for explaining and amending a Proviso and Power, for enabling Sir John Wentworth Baronet, and his Brothers, to make a "Wife a Jointure," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3a vice lecta est Billa, intituled, "An Act for explaining and amending a Proviso and Power, for enabling Sir John Wentworth Baronet, and his Brothers, to make a Wife a Jointure."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Medlycott and Mr. Fellowes:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

Bank of England, Bill.

The Lord Sommers also reported from the Lords Committees, the Bill, intituled, "An Act for regulating the Qualifications of the Elections of the Governor, Deputy Governor, Directors, and Voters, of the Governor and Company of the Bank of England," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for regulating the Qualifications of the Elections of the Governor, Deputy Governor, Directors, and Voters, of the Governor and Company of the Bank of England."

Then a Rider was offered, to be added to the Bill.

Which was read.

After Debate;

The Question was put, "Whether this Rider shall be read a Second Time?"

It was Resolved in the Negative.

Then the Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

Stamp Duties, &c. and reducing the Number of Attornies, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for redressing and preventing several Frauds and Practices relating to Her Majesty's Duties upon stamped Vellum, Parchment, and Paper; and reducing the Number of Attornies and Solicitors practising in the Courts at Westminster."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Coffee, &c. Duties continued upon, Bill.

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing several Duties therein mentioned, upon Coffee, Chocolate, Spices, Pictures, and Muslins, and additional Duties upon several of the said Commodities, and certain Duties upon Callicoes, China Wares, and Drugs; and for continuing the Duties called the Two Third Subsidies of Tonnage and Poundage, for preserving the Public Credit; and for ascertaining the Duties of Coals exported for Foreign Parts; and for securing the Credit of the Bank of England; and for passing several Accompts of Taxes raised in the County of Monmouth; and for promoting the Consumption of such Tobacco as shall have paid Her Majesty's Duties."

After some Time, the House was resumed.

And the Lord Guilford reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing several Duties therein mentioned, upon Coffee, Chocolate, Spices, Pictures, and Muslins, and additional Duties upon several of the said Commodities, and certain Duties upon Callicoes, China Wares, and Drugs; and for continuing the Duties called the Two Third Subsidies of Tonnage and Poundage, for preserving the Public Credit; and for ascertaining the Duties of Coals exported for Foreign Parts; and for securing the Credit of the Bank of England; and for passing several Accompts of Taxes raised in the County of Monmouth; and for promoting the Consumption of such Tobacco as shall have paid Her Majesty's Duties."

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

It was Resolved in the Affirmative.

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

Conference on the Bill for repealing a Clause relative to Waggoners, &c. Bill:

The Managers of the Conference for the House of Commons (appointed to be had this Day), in relation to the Commons disagreeing to the Lords Amendments made to the Bill, intituled, "An Act to repeal a Clause in an Act of the Seventh Year of the Reign of His late Majesty (for amending and repairing the Highways), which enjoins Waggoners and others to draw with a Pole between the Wheel Horses, or with Double Shafts; and to oblige them to draw only with Six Horses, or other Beasts, except up Hills," being come;

The Lords following were named Managers; (videlicet,)

Dux Somerset.
Dux Beaufort.
Dux Shrewsbury.
Dux Buckingham.
Comes Westmorland.
Comes Seafield.
Comes Stamford.
Ds. Sommers.
Ds. Halifax.

Then the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Report of it.

And the Duke of Shrewsbury reported, "That they had attended the Conference; and that the Commons disagreed to the Amendments made by this House to the said Bill; and gave their Reasons for it, and left the Bill and Amendments with their Lordships."

Then, the Amendments being read, the House agreed, not to insist thereon.

A Message was sent to the House of Commons, by Mr. Medlycott and Mr. Fellowes:

To acquaint them, that the Lords do not insist on their Amendments made to the said Bill.

Messages from H. C. to return Bills.

A Message was brought from the House of Commons, by Sir Francis Masham and others:

To return the Bill, intituled, "An Act for naturalizing Peter Dubourdieu and others;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Which said Amendments were read Thrice, and agreed to; and Ordered, That the Commons have Notice thereof.

A Message was brought from the House of Commons, by the Lord William Pawlett and others:

To return the Bill, intituled, "An Act for explaining and amending a Proviso and Power for enabling Sir John Wentworth Baronet, and his Brothers, to make a Wife a Jointure;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Forfeited Estates in Ireland, Bill for limiting Time for Claims to.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for limiting a Time for Persons to come in, and make their Claims to any of the forfeited Estates and other Interests in Ireland, sold by the Trustees for Sale of those Estates to the Governor and Company for making hollow Sword-blades in England, and divers other Purchasers."

After some Time, the House was resumed.

And the Earl of Stamford reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for limiting a Time for Persons to come in, and make their Claims to any of the forfeited Estates and other Interests in Ireland, sold by the Trustees for Sale of those Estates to the Governor and Company for making hollow Sword-blades in England, and divers other Purchasers."

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

It was Resolved in the Affirmative.

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

Equivalentmoney, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further directing the Payment of the Equivalent-money."

After some Time, the House was resumed.

And the Earl of Seafield reported, "That the Committee of the whole House had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for the further directing the Payment of the Equivalentmoney."

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

It was Resolved in the Affirmative.

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

Message from H. C. to return the Bill for Establishment of the Court of Exchequer in N. Britain.

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

To return the Bill, intituled, "An Act for settling and establishing a Court of Exchequer in the North Part of Great Britain, called Scotland;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Which said Amendments were read Thrice, and agreed to; and ordered that the Commons have Notice thereof.

Message from thence, for a Conference on St. Paul's Cathedral, Bill.

A Message was brought from the House of Commons, by Sir Godfrey Copley and others:

To desire a Conference, upon the Subject-matter of the Amendments made by this House to the Bill, intituled, "An Act for rendering more effectual the Act in the First Year of Her Majesty's Reign, for the finishing and adorning the Cathedral Church of St. Paul's, London."

To which the House agreed.

Conference appointed.

Then the Messengers were called in; and told, that the Lords agree to a Conference, as desired; and appoint it on Monday next, at One a Clock, in the Painted Chamber.

Hemp and Flax Tithes, Bill.

Hodie 2a & 3a vice lecta est Billa, intituled, "An Act for continuing the Act for ascertaining the Tithes of Hemp and Flax."

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

It was Resolved in the Affirmative.

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

Dutchy of Cornwal., Bill.

Hodie 2a & 3a vice lecta est Billa, intituled, "An Act to enable Her Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of Her Dutchy of Cornwall, or annexed to the same."

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

It was Resolved in the Affirmative.

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

Mayne's Bill.

The Lord Guilford reported from the Lords Committees, the Bill, intituled, "An Act for vacating the Settlement made upon the Marriage of Henry Mayne, and for making a reasonable Provision for the Maintenance of his only Son (who is an Idiot) during his Life," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for vacating the Settlement made upon the Marriage of Henry Mayne, and for making a reasonable Provision for the Maintenance of his only Son (who is an Idiot) during his Life."

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

It was Resolved in the Affirmative.

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

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 Bills from the Hands of the Speaker, and brought them to the Table; where the Clerk Assistant (in the Absence of the Clerk of the Crown) read the Titles of those and the other Bills to be passed, as follow; (videlicet,)

Bills passed.

"1. An Act for continuing several Duties therein mentioned, upon Coffee, Chocolate, Spices, Pictures, and Muslins, and additional Duties upon several of the said Commodities, and certain Duties upon Calicoes, China Wares, and Drugs; and for continuing the Duties called the Two Third Subsidies of Tonnage and Poundage, for preserving the Public Credit; and for ascertaining the Duties of Coals exported for Foreign Parts; and for securing the Credit of the Bank of England; and for passing several Accompts of Taxes raised in the County of Monmouth; and for promoting the Consumption of such Tobacco as shall have paid Her Majesty's Duties."

"2. An Act for the further directing the Payment of the Equivalent-money."

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

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

"3. An Act to enable Her Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of Her Dutchy of Cornwall, or annexed to the same."

"4. An Act for ascertaining the Rates of Foreign Coins in Her Majesty's Plantations in America."

"5. An Act for settling and establishing a Court of Exchequer in the North Part of Great Britain, called Scotland."

"6. An Act to make further Provision for electing and summoning Sixteen Peers of Scotland, to sit in the House of Peers in the Parliament of Great Britain; and for trying Peers for Offences committed in Scotland; and for the further regulating of Voters in Elections of Members to serve in Parliament."

"7. An Act to enlarge the Time for returning the Certificates of all Ecclesiastical Livings not exceeding the Yearly Value of Fifty Pounds, as also for discharging all Livings of that Value from the Payment of First Fruits; and for allowing Time to Archbishops and Bishops, and other Dignitaries, for Payment of their First Fruits."

"8. An Act for the Encouragement of the Trade to America."

"9. An Act for the better preventing Mischiefs that may happen by Fire."

"10. An Act for raising the Militia of this Kingdom for the Year One Thousand Seven Hundred and Eight, although the Month's Pay formerly advanced be not re-paid."

"11. An Act for continuing the Act for ascertaining the Tithes of Hemp and Flax."

"12. An Act for the Importation of Cochineal from any Ports in Spain during the present War, and Six Months longer."

"13. An Act for regulating the Qualifications of the Elections of the Governor, Deputy Governor, Directors, and Voters, of the Governor and Company of the Bank of England."

"14. An Act for limiting a Time to Persons to come in, and make their Claims to any of the forfeited Estates, and other Interests in Ireland, sold by the Trustees for Sale of those Estates to the Governor and Company for making hollow Sword-blades in England, and divers other Purchasers."

"15. An Act for the public registering of all Deeds, Conveyances, Wills, and other Incumbrances, that shall be made of, or that may affect, any Honours, Manors, Lands, Tenements, or Hereditaments, within the East Riding of the County of York, or the Town and County of the Town of Kingston upon Hull, after the Nine and Twentieth Day of September One Thousand Seven Hundred and Eight; and for the rendering the Register in the West Riding more complete."

"16. An Act to repeal a Clause in an Act of the Seventh Year of the Reign of His late Majesty (for amending and repairing the Highways) which enjoins Waggoners and others to draw with a Pole between the Wheel Horses, or with Double Shafts; and to oblige them to draw only with Six Horses, or other Beasts, except up Hills."

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

"La Raine le veult."

"17. An Act to enable the Right Honourable the Countess of Bindon, together with the Right Honourable Henry Earl of Bindon her now Husband, to make Leases of the Manor and Town of Carlowe, in the County of Catherlagh and Queen's County, in the Kingdom of Ireland; and for the evidencing of the Settlements made by Henry late Earl of Thomond."

"18. An Act for vesting the Equity of Redemption of the Manor and Capital Messuage of Great Haseley, with the Appurtenances, and divers Messuages, Farms, and Lands, in Haseley and Latchford, in the County of Oxford; late the Estate of William Lenthall Esquire deceased, (in Trustees) to be sold, for discharging of Incumbrances thereupon."

"19. An Act for vesting several Messuages, Houses, Lands, and Tenements, in the County of Dublin, in the Kingdom of Ireland, formerly the Estate of Thomas Boyd Esquire, in a Trustee, to be sold, for the Payment of the Debts of Lettice late Countess of Kilmarnock, deceased, and for raising Portions for the Younger Children of the said Countess."

"20. An Act to vest the Estate late of Edward Chceke Esquire, deceased, in Somersetshire, remaining unfold at his Death, in Trustees, to be sold, to satisfy the Demands of the Lady Russell his Mother, and Essex Cheeke his Sister; and to vest the Remainder of the Monies arising by Sale of the said Estate in the Purchase of other Lands, to be settled on Edward Cheeke, an Infant, and his Heirs."

"21. An Act to enable Sir William Windham, of Orchard Windham, in the County of Somerset, Baroner, to make a Marriage Settlement, and for other Purposes therein mentioned, during his Minority."

"22. An Act for explaining and amending a Proviso and Power, for enabling Sir John Wentworth Baronet, and his Brothers, to make a Wife a Jointure."

"23. An Act to enable Sir Ralph Milbanke Baronet to make a Jointure and Settlement upon such Woman as he shall marry, as if he were of full Age."

"24. An Act for Sale of the Manor of Swinden, and several Messuages, Lands, and Hereditaments, in the County of York, late Part of the Estate of Christopher Lister Esquire, and after of Thomas Lister Esquire, both deceased, for Payment of the Legacies and Debts of the said Christopher Lister, and a Mortgage of the said Thomas Lister's."

"25. An Act to empower the Lord High Treasurer of Great Britain, or Commissioners of the Treasury, to compound with Richard Parke, Citizen and late Merchant of London, for a Debt due to Her Majesty."

"26. An Act for the Sale of a Piece of Ground, late of John Killingworth Esquire deceased, on which stood several old and decayed Tenements; and applying the Purchase-money for the Benefit of his Wife and Daughters."

"27. An Act for vacating the Settlement made upon the Marriage of Henry Mayne, and for making a reasonable Provision for the Maintenance of his only Son (who is an Idiot) during his Life."

"28. An Act for Sale of Part of the Estate of James Hamilton Esquire, deceased."

"29. An Act for the Relief of Colonel Richard Sutton, and other Aids de Camp."

"30. An Act for the Relief of Captain James Roch."

"31. An Act for the Relief of Lieutenant Colonel John Savery."

"32. An Act for naturalizing John Affleck Esquire and Mary Dutry."

"33. An Act for naturalizing Peter Dubourdieu and others."

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

"Soit fait come il est desiré."

Then Her Majesty was pleased to say as follows; (videlicet,)

Queen's Speech.

"My Lords, and Gentlemen,

"I cannot conclude this Session, without acknowledging the wise and speedy Provisions which you have made for the Public Security.

"Gentlemen of the House of Commons,

"I am also to thank you in particular, for the large and timely Supplies which you have provided for the effectual Prosecution of the War. I assure you, they shall be carefully and punctually applied to the Uses for which they are appointed.

"My Lords, and Gentlemen,

"I take these (especially at this Juncture) to be such undeniable Proofs of your Zeal and Affection to My Service, as must fully convince every body of your doing Me the Justice to believe, that all which is dear to you is perfectly safe under My Government, and must be irrecoverably lost, if ever the Designs of a Popish Pretender, bred up in the Principles of the most arbitrary Government, should take Place.

"I am satisfied, that very false Representations of the true Inclinations and Interests of My People, must have been made by some of My Subjects, who have given Encouragement to this desperate Attempt; since, without something of that Nature, it seems very little consisting with the usual Precautions of our Enemies, to hazard the Expence and Disappointment of so vain and ill-grounded an Undertaking.

"However, it is certain, we must be all inexcusable, if we do not take Warning from this Attempt, to complete what may be necessary for our Security at Home, and the discouraging the like for the future; to which, by God's Blessing, nothing shall be wanting on My Part.

"And, to the same End, I must recommend to you, at your Return into your several Counties, to use your utmost Care and Diligence in putting the Laws in Execution against Papists, and all others disaffected to My Government, and in making them pay towards the Public Taxes to the full of what the Law requires from them: Nothing being more reasonable, than that they, who by their Principles and Practices encourage (if not actually foment) such Disturbances, should doubly contribute to the Charge of quieting them, and securing the Kingdom's Peace, and should know themselves on all such Occasions to be responsible for the many Inconveniencies that may ensue."

Parliament prorogued.

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

"My Lords and Gentlemen,

"Her Majesty's Royal Will and Pleasure is, That this Parliament shall be prorogued to Tuesday the Thirteenth Day of this Instant April: And this Parliament is prorogued accordingly to Tuesday the Thirteenth Day of this Instant April."