Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 31 Januarii.
Malt, &c. Bill:
The House was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "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 Eleven."
Message to H. C. that the Lords agree to it.
Thanks to Bp. of Chester, for his Sermon.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Chester, for his Sermon preached before this House Yesterday, in the Abbey Church at (fn. 1) Westminster; and he is hereby desired to print and publish the same.
Malt Bill, passed by Commission.
The Lord Keeper acquainted the House, "That Her Majesty had been pleased to grant a Commission, directed to the Lord Archbishop of Canterbury, and other Lords, for declaring Her Royal Assent to a Bill, intituled, 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 Eleven."
Then Five of the Lords Commissioners, in their Robes, being seated on a Form placed between the Throne and the Woolsack; the Lord Keeper in the Middle; the Lord President and the Duke of Ormonde on his Right Hand; and the Lord Steward and Duke of Marlborough on his Left, commanded the Gentleman Usher of the Black Rod to go to the House of Commons, and desire their Attendance, presently, in the House of Peers.
"Her Majesty, not thinking fit to be Personally present here at this Time, has been pleased to cause Her Letters Patents to be issued under Her Great Seal, and hath thereby given Her Royal Assent to a Bill therein mentioned, which has passed both Houses, and is intituled, "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 Eleven;" and, by Her said Letters Patents, hath commanded us, in Her Absence, to declare and notify Her Royal Assent to the said Act, in this House, in the Presence of you the Lords and Commons here to be assembled for that Purpose: Which Letters Patents we desire may be read."
And the same (fn. 2) was accordingly read, by the Clerk; as follows; (videlicet,)
"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, an Act, 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 Title and Name of which Act hereafter doth 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 Eleven:" And albeit the said Act, by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, is fully agreed and consented unto; yet, nevertheless, the same is not of Force and Effect in the Law, without Our Royal Assent given and put to the said Act. 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 Act, and to all Articles, Clauses, and Provisions, therein contained, and have fully agreed and assented to the said Act; willing, that the said Act, 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 publicy, 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 Sir Simon Harcourt Knight, Our Keeper of Our Great Seal 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 Keeper of Our Great Seal of Great Britain, Our Right Trusty and Right Well-beloved Cousin and Counsellor Lawrence Earl of Rochester Our President of Our Council, Our Right Trusty and Right Entirely Well-beloved Cousins and Counsellors John Duke of Newcastle Our Keeper of Our Privy Seal, John Duke of the County of Buckingham and of Normanby Our Steward of Our Household, Charles Duke of Shrewsbury Our Chamberlain of Our Household, Charles Duke of Somerset Our Master of Our Horse, James Duke of Ormonde Our Lieutenant of Our Kingdom of Ireland, John Duke of Marlborough, James Duke of Queensberry and Dover Our Principal Secretary of State, Our Right Trusty and Right Well-beloved Cousin and Counsellor John Earl Poulet First Commissioner of Our Treasury of Great Britain, and Our Right Trusty and Well-beloved Counsellor William Lord Dartmouth One of Our Principal Secretaries, 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 Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Act 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 Act, 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 Act shall be taken, accepted, and admitted, a good, sufficient, and perfect Act of Parliament and Law, 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.
"In Obedience to Her Majesty's Command, and by Virtue of the Commission which has been now read, we, Five of the Commissioners therein named, 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 Act in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."
Messages from H. C. with Bills.
With a Bill, intituled, "An Act to repeal the Act made in the Seventh Year of Her Majesty's Reign, intituled, An Act for naturalizing Foreign Protestants (except so much thereof as relates to the Children of Her Majesty's Natural-born Subjects, born out of Her Allegiance;" to which they desire the Concurrence of this House.
Report concerning the Number of Men in Spain.
The Earl of Abingdon reported from the Lords Committees appointed to inquire what were the Number of Effective Men in Spain at the Time of the Battle of Almanza? what was the Establishment in Spain at that Time ? and what Men were wanting ? and the Reasons thereof, as follows; (videlicet,)
|"The Effective Men in Spain, at the Time of the Battle of Almanza, were||13759|
|"So that there appeared to be deficient at that Time,||15636|
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the same be referred to the Committee of the whole House appointed to take into further Consideration the present State of the War in Spain.
State of the War in Spain.
And the Earl of Abingdon reported, "That the Committee had made some Progress in the Matter to them referred; and desire that another Time may be appointed, for the House to be in a Committee again, to proceed further therein."