House of Lords Journal Volume 19: 20 April 1711

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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'House of Lords Journal Volume 19: 20 April 1711', in Journal of the House of Lords: Volume 19, 1709-1714, (London, 1767-1830) pp. 277-280. British History Online https://www.british-history.ac.uk/lords-jrnl/vol19/pp277-280 [accessed 16 April 2024]

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In this section

DIE Veneris, 20 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Bangor.
Epus. Landaven.
Epus. Bristol.
Epus. Meneven.
Ds. Custos Magni Sigilli.
Comes Rochester, Præses.
Dux Newcastle, C. P. S.
Dux Richmond.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Hamilton.
Dux Dover.
March. Dorchester.
March. Annandale.
Comes Lincoln.
Comes Dorset.
Comes Bridgewater.
Comes Northampton.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Radnor.
Comes Abingdon.
Comes Portland.
Comes Jersey.
Comes Wharton.
Comes Poulet.
Comes Cholmondeley.
Comes Loudoun.
Comes Orkney.
Comes Roseberie.
Comes I'lay.
Viscount Townshend.
Viscount Weymouth.
Ds. Dartmouth.
Ds. Delawar.
Ds. Ferrers.
Ds. Howard Escr.
Ds. Rockingham.
Ds. Ossulstone.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Cowper.
Ds. Balmerino.
Ds. Blantyre.

PRAYERS.

Jones's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Robert Jones, of Funmun Castle, in the County of Glamorgan, Esquire, to make Leases for Three Lives, or for Ninety-nine Years determinable on Three Lives, of the Manors, Lands, and Hereditaments, in the County of Glamorgan, limited to himself for Life by his Marriage Settlement; and for settling other Lands to the Uses of that Settlement, in Lieu and Recompence of such Power."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Pitt and Mr. Dormer:

To carry down the said Bill, and desire their Concurrence thereunto.

American Pine Trees, for Preservation of, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Preservation of White and other Pine Trees, growing in Her Majesty's Colonies of New Hampshire, The Massachusets Bay, and Province of Main, Rhode Island, and Providence Plantation, the Narraganset Country or King's Province, and Connecticut, in New England; and New York, and New Jersey, in America, for the masting Her Majesty's Navy."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Mr. Pitt and Mr. Dormer:

To carry down the said Bill; and to acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Lindsey Level Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for establishing an Agreement made between the Right Honourable Robert late Earl of Lindsey and the Commissioners of Sewers; and for confirming the Decrees made by the Commissioners of Sewers, concerning the draining of Lindsey Levell, in the County of Lincoln."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday the Thirtieth Day of this Instant April, at Twelve a Clock.

Gaming, to prevent, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better preventing of excessive and deceitful Gaming."

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Sir Robert Davers and others:

With a Bill, intituled, "An Act for the Relief of Abraham Roth, of the Kingdom of Ireland, Esquire, in relation to his Purchase of Part of the forfeited Estates in Ireland;" to which they desire the Concurrence of this House.

Roth's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Abraham Roth, of the Kingdom of Ireland, Esquire, in relation to his Purchase of Part of the forfeited Estates in Ireland."

Message from H. C. to return Pooler's Bill.

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

To return the Bill, intituled, "An Act for Sale of the Estate of Humphrey Pooler, in the Parish of Hartlebury, in the County of Worcester;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Monypenny versus Brown.

The House being moved, "That a Day may be appointed for hearing of the Cause wherein Katherine Monypenny is Appellant, and John Broun and his Wife 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 Saturday the Twelfth Day of May next, at Eleven a Clock.

Order for Papers.

Upon reading the Petition of Katherine Monypenny Widow; shewing, "That she hath an Appeal depending in this House, against a Decree of the Lords of Council and Session in Scotland, whereby they reduced and declared void the last Will of George Moncreis, her late Husband; and she having applied to the Clerks of Session, to give her up the said original Will, and Extracts of the Depositions of the Witnesses examined in the said Cause, which they declined to do; and praying, that the said Will and Depositions may be transmitted here:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks of the Council and Session in Scotland do, on or before Friday the Eleventh Day of May next, transmit to this House the original Will, and authentic Copies of the Extracts of the Depositions above mentioned.

Castle of Exon, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Her Majesty to grant the Scite of the Castle of Exon (Parcel of Her Dutchy of Cornwal) for Ninetynine Years, for the Use and Benefit of the County of Devon."

The Earl Poulet acquainted the House, "That Her Majesty did consent to the passing the said Bill."

Sir H. Robinson's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to vest the Estate of Sir Henry Robinson Knight, a Lunatic, lying in Cransley, in the County of Northampton, in Trustees, to enable them to make a Settlement on the Marriage of John Robinson Esquire, only Son and Heir Apparent of the said Sir Henry Robinson; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Pitt and Mr. Dormer:

To carry down the said Bill, and desire their Concurrence thereunto.

Sir Richard Allin's Bill:

Then the Amendments made by the House of Commons to the Bill, intituled, "An Act for the Sale of Part of the Estate of Sir Richard Allin, alias Anguish, Baronet, in the Counties of Suffolk and Norfolk, for Payment of his Debts, and settling the Remainder according to his Marriage Articles," being Thrice severally read, and agreed to:

Message to H. C. that the Lords agree to Amendments to it.

A Message was sent to the House of Commons, by Mr. Pitt and Mr. Dormer:

To acquaint them, that this House had agreed to their Amendments made to the said Bill.

Dunstable, &c. Highways, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Highways between Dunstable and Hockley, in the County of Bedford."

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

Brideoak's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Richard Brideoake Esquire, in the County of Oxon; and charging other Part thereof with Two Annuities, for Payment and Satisfaction of several Incumbrances affecting his whole Estate; and for confirming an Agreement made between the said Richard Brideoake and others, claiming Common in Hocknorton Warren, and Hooknorton Layes, in the same County."

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

Comes Rochester, Præses.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Hamilton.
March. Dorchester.
Comes Lincoln.
Comes Bridgewater.
Comes Northampton.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Abingdon.
Comes Jersey.
Comes Wharton.
Comes Poulet.
Comes Loudoun.
Comes Roseberie.
Viscount Townshend.
Viscount Weymouth.
Epus. Eliens.
Epus. Bangor.
Epus. Landaven.
Epus. Bristol.
Epus. Meneven.
Ds. Dartmouth.
Ds. Delawar.
Ds. Ferrers.
Ds. Howard Esc.
Ds. Rockingham.
Ds. Ossulstone.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Cowper.
Ds. Balmerino.
Ds. Blantyre.

Their Lordships, or any Five of them; to meet on Saturday the Fifth Day of May next, at Ten a Clock, in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Weston's Bill.

After reading, and considering, the Report of Mr. Justice Powell and Mr. Baron Lovell; to whom was referred the Bill, intituled, "An Act for confirming the Sale of the Estate of John Weston Esquire, in the County of Surrey, and discharging it from the Debts to the Crown:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be read a Second Time.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Sale of the Estate of John Weston Esquire, in the County of Surrey, and discharging it from the Debts to the Crown."

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

Weller's Bill.

After reading, and considering, the Report of Mr. Justice Powell and Mr. Justice Eyre; to whom was referred the Bill, intituled, "An Act for vesting the Manor of Bucksteep, and several Lands in Sussex, the Estate of Joseph Weller Esquire, in Trustees, to be sold, for discharging the Incumbrances thereon, and applying the Surplus-money to certain Uses and Trusts therein mentioned:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be read a Second Time.

Hodie 2a vice lecta est Billa, intituled, An Act for vesting the Manor of Bucksteep, and several Lands in Sussex, the Estate of Joseph Weller Esquire, in Trustees, to be sold, for discharging the Incumbrances thereon; and applying the Surplus-money to certain Uses and Trusts therein mentioned."

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

Message from the Queen, concerning the Emperor's Death.

The Duke of Dover (by Her Majesty's Command) presented to the House, in Writing, a Message from Her Majesty, signed by Her Majesty.

Which was read by the Lord Keeper, and is as follows:

"ANNE R.

"Her Majesty is pleased to acquaint this House with the ill News She hath received, of the Emperor's Death. And being sensible of the Consequences this great Loss may be of to the Allies, how disheartened some of them may be on the one Hand, and how diligent France will be on the other, to improve every Accident to their own Advantage; Her Majesty is desirous to let you know, that immediately, on the First News of the late Emperor's Sickness, She came to a Resolution, to support the Interest of the House of Austria in this Conjuncture, and to use Her utmost Endeavours to get the King of Spain made Emperor, in which The States General have likewise concurred with Her Majesty; and since that, Her Majesty hath taken the most proper Means to engage all those who have a Share in this Election, and are in the Interest of the common Cause, to join with Her in bringing this great Work to a good Issue; and She hath an entire Confidence in the Affection and Duty of Her Parliament, that, with their Assistance, under the Protection and Blessing of Almighty God, She shall be enabled to make a happy Conclusion of this War, in a safe and honourable Peace.

"The Season of the Year, and the Length of Time that hath passed since your Meeting, will make you all wish that you may be at Liberty to attend the public, as well as your own private Affairs, throughout the Kingdom; and therefore Her Majesty does recommend to you, so to hasten your Consultations about all the public Concerns, that Her Majesty may put a speedy End to this Session."

Then, it being moved, "That an humble Address of Thanks be made to Her Majesty, for Her said Message:"

Committee to draw an Address.

Lords Committees appointed to prepare an humble Address, to be presented to Her Majesty, to return Her Majesty the humble Thanks of this House, for Her most Gracious Message; and report to the House; (videlicet,)

Comes Rochester, Præses.
Dux Beaufort.
Dux Bolton.
Dux Hamilton.
Dux Dover.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Scarsdale.
Comes Clarendon.
Comes Anglesey.
Comes Radnor.
Comes Abingdon.
Comes Poulet.
Comes Loudoun.
Comes I'lay.
Viscount Townshend.
Ds. Ferrers.
Ds. Howard Escr.
Ds. Guilford.
Ds. Sommers.
Ds. Gernsey.
Ds. Cowper.
Ds. Balmerino.

Their Lordships, or any Five of them; to meet presently in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to render more effectual an Act, made in the Sixth Year of Her present Majesty, intituled, An Act to repeal a Clause in an Act, of the Seventh Year of the Reign of His late Majesty, for amending 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 which they desire the Concurrence of this House.

Portsmouth, &c. Highways; Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing the Highways from Sheet Bridge, in the Parish of Petersfield, to the Town of Portsmouth, in the County of Southampton."

Message from H. C. to desire the Lords to fit.

A Message was brought from the House of Commons, by Sir Simeon Stuart and others:

To desire that this House will continue sitting some Time longer.

To which the House agreed.

And the Commons were called in; and told, "That the Lords will continue sitting some Time longer, as desired."

Royston, &c. Highways, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and amending the Highways leading from Royston, in the County of Hertford, to Wandesford Bridge, in the County of Huntington."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Pitt and Mr. Dormer:

To let them know, that the Lords have agreed to the said Bill, without any Amendment.

Message from thence, with the following Address.

A Message was brought from the House of Commons, by Sir Thomas Hanmer and others:

With an Address, agreed upon by them, to be presented to Her Majesty; to which they desire the Concurrence of this House.

Then the Address, being read by the Lord Keeper, and afterwards by the Clerk, was, by filling up the Blank with ["Lords Spiritual and Temporal and"] agreed to by the House, and is as follows; (videlicet,)

Address, in Consequence of the Queen's Message, concerning the Emperor's Death.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal, and Commons, of Great Britain, in Parliament assembled, beg Leave to return Your Majesty our most humble Thanks, for Your Majesty's most Gracious Message. We are truly sensible of the great Loss the Alliance has sustained, by the Death of the Emperor; and do, with all Duty, acknowledge the early and wise Care Your Majesty has been pleased to take, to prevent the ill Consequences thereof, by resolving to support the Interests of the House of Austria, and endeavouring to promote the Election of the King of Spain to the Empire.

"Your Majesty may safely place an entire Confidence in our Duty and Affection; and may rest assured, that we cannot be discouraged, by this or any other Misfortune, from supporting Your Majesty in all the Measures which Your Majesty, in Your great Wisdom, shall judge proper, to bring this War to a happy Conclusion, by a safe and honourable Peace. And, being truly convinced how necessary it is to give all possible Dispatch to the public Business, we will use our utmost Diligence, in every Part of it depending before us, that Your Majesty may have the Satisfaction of putting a speedy End to this Session."

Ordered, That the whole House do attend Her Majesty, with the said Address.

Lords with White Staves, to know when Her Majesty will be attended.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do wait on Her Majesty, humbly to know what Time Her Majesty will please to appoint to be attended, with an Address of both Houses of Parliament.

Message to H. C. that the Lords have agreed to the Address; and to desire they will continue sitting till the Queen's Answer is received about being attended with it.

Then, a Message was sent to the House of Commons, by Mr. Pitt and Mr. Dormer:

To acquaint them, that the Lords have agreed to the Address, without any Amendment; and have filled up the Blank, by inserting the Words ["Lords Spiritual and Temporal and"]; and have resolved to attend Her Majesty with the said Address with their whole House; and have sent to know Her Majesty's Pleasure, when She will please to be attended with the said Address; and intend to continue sitting till Her Majesty's Pleasure be signified to them: And their Lordships desire they will continue sitting for some Time longer, that their Lordships may acquaint them when Her Majesty will please to be attended.

Answer.

The Messengers sent to the House of Commons, return Answer:

That they will continue sitting some Time longer, as their Lordships desire.

The House was adjourned during Pleasure.

The House was resumed.

To be attended this Evening.

The Earl of Cholmondeley acquainted the House, That the Lords with White Staves having (according to Order) waited on Her Majesty, to know what Time Her Majesty would please to appoint to be attended, with an Address of both Houses of Parliament; Her Majesty had been pleased to appoint this Evening, at Seven a Clock, at St. James's."

Message to H. C. to acquaint them with it.

Then, a Message was sent to the House of Commons, by Mr. Pitt and Mr. Dormer:

To let them know, that Her Majesty has appointed to be attended, with the Address of both Houses, this Evening, at Seven a Clock, at Her Palace of St. James's; and their Lordships intend to be there at that Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum primum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.