House of Lords Journal Volume 18: 13 February 1708

DIE Veneris, 13 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bills to be passed by Commission.

The Lord Chancellor acquainted the House, "That Her Majesty had granted a Commission, under the Great Seal, for giving the Royal Assent to several Bills agreed on by both Houses."

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

And the Commissioners took their Places on a Form placed between the Throne and the Woolsack.

The Lord Chancellor, at whose Right Hand sat the Lord Treasurer, and on his Left the Earl of Sunderland, One of Her Majesty's Principal Secretaries of State, gave Orders to the Deputy Gentleman Usher of the Black Rod, to signify to the House of Commons, "That the Queen had granted a Commission, under the Great Seal, for giving the Royal Assent to those Bills which have been agreed to by both Houses of Parliament; and to desire that they would presently come up, with their Speaker, to be present at the passing thereof."

The Lords were in their Robes: And the Commons being come, with their Speaker; the Lord Chancellor made a short Introduction, to this Effect; (videlicet),

"My Lords; and you the Knights, Citizens, and Burgesses of the House of Commons;

"Her Majesty, being prevented by Indisposition from coming hither in Person to pass the several Bills agreed on by both Houses, has caused a Commission under the Great Seal to be made out, by which She has given Her Royal Assent to the several Bills therein expressed; and hath thereby also empowered and commissionated several Lords, in the said Commission named, to declare and notify to both Houses such Her Royal Assent to the said Bills: Which Commission we desire may be openly read."

Then the Clerk of the Parliaments received the Commission from the Lord Chancellor, on his Knee, and brought it to the Table; where the same was read, by the Clerk, as follows; (videlicet,)

Commission for passing Bills.

"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 severally endorsed by you as hath been accustomed; the Titles and Names of which Acts hereaster do particularly ensue; (that is to say,) "An Act for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Eight, and other Uses, by Sale of Annuities, charged on a Fund not exceeding Forty Thousand Pounds per Annum, to arise by appropriating several Surpluses, and by granting further Terms in the Duties on Low Wines, and on Hawkers, Pedlars, and Petty Chapmen, the Stamp Duties, the One Third Subsidy, the Duty on Sweets, and one of the Branches of Excise, and by making other Provision in this Act mentioned:" "An Act for the Security of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line:" "An Act for rendering the Union of the Two Kingdoms more entire and complete:" "An Act for repairing, amending, and enlarging, the Highways between the Top of Kingsdown Hill and the City of Bath, and also several other Highways leading to and through the said City; and for cleansing, paving, and lightening the Streets, and regulating the Chairmen there:" "An Act for vesting in Ralph Freman the Younger Esquire, and his Heirs, divers Manors and Lands in the County of Essex, comprised in his Marriage Settlement; he having settled other Manors and Lands, in the County of Hertford, of greater Value, to the like Uses, in Lieu thereof:" "An Act for naturalizing Katherine Clerke, Daughter of Sir William Clerke Baronet deceased:" "An Act for naturalizing Marcos dos Santos:" "An Act for making good to William Thompson Esquire the Benefit intended to be granted to his Ancestors and their Heirs, by certain Letters Patents of King Charles the Second, in Lieu of the Castle of Scarborough, and other Things, by them surrendered to, and now enjoyed by, the Crown." 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 the Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Right Trusty and Right Well-beloved Counsellor William Lord Cowper, 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 Trusty and Wellbeloved Counsellor Thomas Lord Archbishop of Canterbury, Primate and Metropolitan of all England, Our said Chancellor of Great Britain, Our Right Trusty and Right Well-beloved Cousins and Counsellors Sidney Earl of Godolphin High Treasurer of Great Britain, Thomas Earl of Pembroke and Montgomery President of Our Council, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Newcastle Our Keeper of Our Privy Seal, Charles Duke of Somersett Master of Our Horse, William Duke of Devonshire Steward of Our Household, and Our Right Trusty and Right Well-beloved Cousin and Counsellor Charles Earl of Sunderland One of Our Principal Secretaries of State, or any Two 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 Parliament 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 sufficient Warrant in that Behalf. And finally We 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 Thirteenth Day of February, in the Sixth Year of Our Reign.

"Per ipsam Reginam, propria Manu signat."

"Wrighte."

Then the Speaker of the House of Commons made a short Speech, relating to the Bill for granting a Supply by Sale of Annuities; and delivered the same to the Clerk of the Parliaments, who laid it on the Table.

Then the Lord Chancellor said;

"My Lords, and Gentlemen,

"In Obedience to Her Majesty's Command, and by virtue of the Commission which has been now read, we, Three 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 several Acts in the said Commission mentioned, agreed on by both Houses of Parliament; and the Clerks are required to pass the same, in their accustomed Form and Words."

Then the Clerk of the Crown read the Titles of the several Bills following; (videlicet,)

Bills passed.

"An Act for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Eight, and other Uses, by Sale of Annuities, charged on a Fund not exceeding Forty Thousand Pounds per Annum, to arise by appropriating several Surpluses, and by granting further Terms in the Duties on Low Wines, and on Hawkers, Pedlars, and Petty Chapmen, the Stamp Duties, the One Third Subsidy, the Duty on Sweets, and One of the Branches of Excise, and by making other Provision in this Act mentioned."

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

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

"An Act for the Security of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line."

"An Act for rendering the Union of the Two Kingdoms more entire and complete."

"An Act for repairing, amending, and enlarging the Highways, between the Top of Kingsdown Hill and the City of Bath, and also several other Highways leading to and through the said City; and for cleansing, paving, and lightening the Streets, and regulating the Chairmen there."

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

"La Raine le veult."

"An Act for vesting in Ralph Freman the Younger Esquire, and his Heirs, divers Manors and Lands in the County of Essex, comprised in his Marriage Settlement; he having settled other Manors and Lands, in the County of Hertford, of greater Value, to the like Uses, in Lieu thereof."

"An Act for naturalizing Katherine Clerke, Daughter of Sir Wm. Clerke Baronet, deceased."

"An Act for naturalizing Marcos dos Santos."

"An Act for making good to William Thompson Esquire, the Benefit intended to be granted to his Ancestors, and their Heirs, by certain Letters Patents of King Charles the Second, in Lieu of the Castle of Scarborough, and other Things, by them surrendered to, and now enjoyed by, the Crown."

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

"Soit fait comme il est desire."

After which, the Lord Chancellor declared, "That this was all the Commissioners had to do by Virtue of this Commission."

Then the Commons returned to their House; and the Lords proceeded on the Business of the Day.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Topham and others:

Who brought up a Bill, intituled, "An Act for the better recruiting Her Majesty's Land Forces and the Marines, for the Service of the Year One Thousand Seven Hundred and Eight;" to which they desire the Concurrence of this House.

Land Forces, &c. for recruiting, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better recruiting Her Majesty's Land Forces and the Marines, for the Service of the Year One Thousand Seven Hundred and Eight."

Message from H. C. with Bills.

A Message from the House of Commons, by Mr. Molesworth and others:

Who brought up a Bill, intituled, "An Act for the Relief of Sir Patrick Dun and others;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Mr. Hampden and others:

Who brought up a Bill, intituled, An Act for the better securing the Trade of this Kingdom, by Cruizers and Convoys;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Sir Walter Young and others:

Who brought up a Bill, intituled, "An Act for vesting in Roger Tuckfeild Esquire several Lands purchased for him by Sir William Davye Baronet, deceased;" to which they desire the Concurrence of this House.

Clerk, or Valiere, to be examined by the Committee for Gregg's Examination.

The Lord Steward acquainted the House, from the Lords Committees appointed to examine William Gregg, That there is a Person in Newgate, called Clerk, or Valiere; that the Committee desire they may have Liberty to examine him, and have the Papers and Examinations taken against him laid before the said Committee."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lords Committees have hereby Leave given them to examine the said Clerk, or Valiere; and to send for Persons, Papers, and Records.

Address for Clerk's Papers.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, from this House, humbly to desire, "That Her Majesty will be pleased to give Order, that the Papers and Examinations taken relating to Clerke, or Valiere, be laid before the Lords Committees appointed to examine William Gregg."

French & Ux. versus Chichester & al.;

After hearing Counsel, upon the Petition and Appeal of John French Esquire and Anne his Wife, Executrix of Henry Chichester Esquire, deceased, who was Executor of Dorothy Chichester his late Wife, who was Executrix of John Chichester Esquire, deceased, her former Husband, who was the Heir and Executor of Mr. John Chichester deceased, from a Decree made in the Court of Chancery, the First Day of February in the Second Year of Her Majesty's Reign, and other subsequent Orders and Proceedings there, on the Behalf of Arthur Chichester Esquire and Edward Dodridge, Executors of Francis Chichester Esquire, deceased: As also upon the Answer of the said Arthur Chichester and Edward Dodridge put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of the said John French and Anne his Wife shall be, and is hereby, dismissed this House; and that the Decree and other subsequent Orders and Proceedings therein complained of shall be, and they are hereby, affirmed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Sabbati, decimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.