House of Lords Journal Volume 19: 5 June 1714

DIE Sabbati, 5 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tittensor and Butt-lane Highways, Staff. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repairing and amending the Highways between the Town or Village of Tittensor, and the most Northern Part of Talk on the Hill, in But-lane, in the County of Stafford."

And, after some Time, the House was resumed.

And the Earl of Yarmouth reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Tobacco Trade, Bill.

The Lord Guilford, from the Commissioners for Trade and Plantations, presented to the House the Answer of the said Commissioners, to an Order of this House of the 1st of June 1714, relating to the Tobacco Trade.

And the Title thereof was read.

Eymer et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing James Eymer and others."

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

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

Naminck et al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Bernard Naminck and others."

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That Her Majesty had been pleased to order a Commission to be issued under the Great Seal, for declaring Her Royal Assent to several Acts therein mentioned."

The House was adjourned during Pleasure.

The House was resumed.

Then Four of the Lords Commissioners (in their Robes) being seated on a Form, placed between the Throne and the Woolsack; the Lord Chancellor in the Middle; and the Lord President and Earl of Mar on his Right Hand; and the Lord Privy Seal on his Left; commanded the Gentleman Usher of the Black Rod to let the Commons know, "That the Commissioners desire their immediate Attendance in the House of Peers, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"Her Majesty, not thinking sit to be Personally present here at this Time, has been pleased to order a Commission to be issued under the Great Seal, directed to us and other Lords who are named in the Commission, thereby commanding us (in the Presence of you the Lords and Commons of Great Britain assembled for that Purpose) to declare and notify, in Her Absence, Her Majesty's Royal Assent to several Acts agreed upon by both Houses; which Commission is to be read."

And the same was read, by the Clerk, as follows:

"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 endorsed by you, as hath been accustomed; the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act for the better regulating the Forces to be continued in Her Majesty's Service, and for the Payment of the said Forces and of their Quarters:" "An Act for taking away the new additional Duty of Thirty Pounds per Centum ad Valorem, imposed upon all Books and Prints imported into Great Britain by an Act made in the Tenth Year of the Reign of Her present Majesty Queen Ann:" "An Act for upholding and repairing the Bridges and Highways in the County of Edinburgh:" "An Act for taking away Mortuaries within the Dioceses of Bangor, Landaff, St. David's, and St. Asaph, and giving a Recompence therefor to the Bishops of the said respective Dioceses; and for confirming several Letters Patents granted by Her Majesty, for perpetually annexing a Prebend of Gloucester to the Mastership of Pembroke College in Oxford, and a Prehend of Rochester to the Provostship of Oriel College in Oxford, and a Prebend of Norwich to the Mastership of Catherine Hall in Cambridge:" "An Act to make Partition of the Manor of Cottingham, alias Cottingham Sarum, in the County of York, between Richard Wynne Esquire and Sarah his Wife and John Barrington Esquire:" "An Act for Sale of the Estate of John Tregagle Esquire, deceased, lying in the Counties of Devon and Cornwal, for Payment of Debts, and making Provision for his Children:" "An Act for naturalizing Christian William Kirchhoff:" 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 Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Simon Lord Harcourt 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 Right Trusty and Wellbeloved Counsellor Thomas Lord Archbishop of Canterbury Primate of all England and Metropolitan, Our said Chancellor of Great Britain, Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Oxford and Earl Mortimer Our High Treasurer of Great Britain, John Duke of the County of Buckingham and of Normanby President of Our Council, William Earl of Dartmouth Keeper of Our Privy Seal, James Duke of Ormonde Captain General of Our Forces, John Earl Poulett Our Steward of Our Household, John Earl of Mar One of Our Principal Secretaries, Henry Viscount Bolingbroke Our Principal Secretary, and the Right Reverend Father in God and Our Right Trusty and Wellbeloved Counsellor John Lord Bishop of London; 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 the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments 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 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 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 Fifth Day of June, in the Thirteenth Year of Our Reign.

"Per ipsam Reginam, prepria Manu signat.

"Wrighte."

Then the Lord Chancellor said,

"In humble Obedience to Her Majesty's Commands, we declare and notify to you, the Lords Spiritual and Temporal and Commons of Great Britain, Her Majesty's Royal Assent to the several Acts mentioned in this Commission; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk of the Crown read the Titles of the Acts to be passed, severally, as follows;

"1. An Act for the better regulating the Forces to be continued in Her Majesty's Service; and for the Payment of the said Forces, and of their Quarters."

"2. An Act for taking away the new additional Duty of Thirty Pounds per Centum ad Valorem, imposed upon all Books and Prints imported into Great Britain, by an Act made in the Tenth Year of the Reign of Her present Majesty Queen Ann."

"3. An Act for upholding and repairing the Bridges and Highways in the County of Edinburgh."

"4. An Act for taking away Mortuaries, within the Dioceses of Bangor, Landaff, St. David's, and St. Asaph, and giving a Recompence therefor to the Bishops of the said respective Dioceses; and for confirming several Letters Patents granted by Her Majesty, for perpetually annexing a Prebend of Gloucester to the Mastership of Pembroke College in Oxford, and a Prebend of Rochester to the Provostship of Oriel College in Oxford, and a Prebend of Norwich to the Mastership of Catherine Hall in Cambridge."

To these Acts the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"La Reine le veult."

"5. An Act to make Partition of the Manor of Cottingham, alias Cottingham Sarum, in the County of York, between Richard Wynne Esquire and Sarah his Wife, and John Barrington Esquire."

"6. An Act for Sale of the Estate of John Tregagle Esquire deceased, lying in the Counties of Devon and Cornwal, for Payment of Debts, and making Provision for his Children."

"7. An Act for naturalizing Christian William Kirchhoff."

To these Acts the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"We have nothing more to do pursuant to this Commission."

Then the Commons withdrew; and the House was adjourned during Pleasure.

The House was resumed.

Scott versus Magistrates of Montrose.

After hearing Counsel, upon the Petition and Appeal of John Scot of Hedderwick Esquire; complaining of an Interlocutor, or Decree, of the Lords Commissioners for Plantation of Kirks and Valuation of Tithes, of the Second of July last; and of a Sentence or Decree, of the said Lords, on the Eleventh of February following, on Behalf of the Magistrates of Montrose; and praying, "That the same may be reversed:" As also upon the Answer of the said Magistrates put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutors, or Decrees, therein complained of, be, and are hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondents, the Sum of Forty Pounds, for their Costs in this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.