House of Lords Journal Volume 19: 31 January 1711

Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.

'House of Lords Journal Volume 19: 31 January 1711', in Journal of the House of Lords: Volume 19, 1709-1714, (London, 1767-1830) pp. 207-210. British History Online https://www.british-history.ac.uk/lords-jrnl/vol19/pp207-210 [accessed 25 April 2024]

DIE Mercurii, 31 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:



Epus. Winton. Epus. Roffen. Epus. Lich. & Cov. Epus. Eliens. Epus. Bangor. Epus. Carliol. Epus. Lincoln. Epus. Landaven. Epus. Exon. Epus. Cestr. Epus. Norwic. Epus. Cicestr. Epus. Bristol. Epus. Meneven.	Ds. Custos Magni Sigilli. Comes Rochester, Præses. Dux Buckingham, Senescallus. Dux Richmond. Dux Grafton. Dux Ormonde. Dux Beaufort. Dux Northumberland. Dux Bolton. Dux Bedford. Dux Devon. Dux Marlborough. Dux Hamilton. Dux Atholl. Dux Dover. Dux Kent. March. Lindsey, Magnus Camerarius. March. Dorchester. March. Annandale. Comes Derby. Comes Pembroke. Comes Lincoln. Comes Suffolk & Bindon. Comes Dorset & Midd'x. Comes Leicester. Comes Northampton. Comes Westmorland. Comes Berks. Comes Rivers. Comes Stamford. Comes Thanet. Comes Sunderland. Comes Scarsdale. Comes Clarendon. Comes Cardigan. Comes Anglesea. Comes Carlisle. Comes Yarmouth. Comes Berkeley. Comes Nottingham. Comes Abingdon. Comes Plimouth. Comes Portland. Comes Scarbrough. Comes Orford. Comes Jersey. Comes Grantham. Comes Greenwich. Comes Wharton. Comes Poulet. Comes Godolphin. Comes Cholmondeley. Comes Marischall. Comes Mar. Comes Eglintoun. Comes Home. Comes Kinnoull. Comes Loudoun. Comes Northesk. Comes I'lay. Viscount Hereford. Viscount Say & Seale. Viscount Kilsyth.	Ds. Dartmouth. Ds. Delawar. Ds. Ferrers. Ds. Fitzwalter. Ds. North & Grey. Ds. Chandos. Ds. Hunsdon. Ds. Mohun. Ds. Byron. Ds. Rockingham. Ds. Lexington. Ds. Berkeley. Ds. Cornwallis. Ds. Craven. Ds. Ashburnham. Ds. Weston. Ds. Herbert. Ds. Haversham. Ds. Sommers. Ds. Halifax. Ds. Gernsey. Ds. Conway. Ds. Hervey. Ds. Cowper. Ds. Balmerino. Ds. Blantyre.

PRAYERS.

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."

And, after some Time, the House was resumed.

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

Hodie 3^a vice lecta est Billa, 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."

The Question was put, "Whether this Bill 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. Rogers and Mr. Hiccocks:

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

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."

The House was adjourned during Pleasure, to robe.

The House was resumed.

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.

Who being come, with their Speaker; the Lord Keeper said,

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

"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 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, 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.

Witness Ourself, at Westminster, the One and Thirtieth Day of January, in the Ninth Year of Our Reign.

"Per ipsam Reginam, propria Manu signat.

"Wrighte."

Then the Lord Keeper said,

"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."

Then the Clerk of the Parliaments received the said Bill from the Hands of the Speaker, and brought it to the Table, where the Clerk of the Crown read the Title; (videlicet,)

"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."

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

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

Then the Lord Keeper said,

"My Lords, and Gentlemen,

"This is all we have at present to do by virtue of the said Commission."

And then the Commons returned to their House.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for securing the Freedom of Parliaments, by limiting the Number of Officers in the House of Commons;" to which they desire the Concurrence of this House.

Ordered, That the said Bill be read the First Time on Friday next, at Twelve a Clock; and all the Lords summoned.

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

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.

Ordered, That the said Bill be read the First Time on Saturday next, at Twelve a Clock; and all the Lords summoned.

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,)

"That it appears to their Lordships, by the Papers given in by my Lord Gallway's Secretary, that the Establishment for Spain was 29,395 Men.



"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

"For which Deficiency there appears to their Lordships, by those Papers given in by my Lord Gallway's Secretary, the following Reasons; (videlicet,)



"Estimate as granted for Spain and Portugal, for the Service of the Year 1707, amounts to,		29395
"To make up which Number, there were in Spain, at the Time of the Battle of Almanza, according to the Return made by the Earl of Gallway to the House of Commons, besides a Battalion of Guards and 3 of Marines, and a Detachment of Carpenter's and Essex's Dragoons,	13759
"To which is to be added the Two Regiments of Foot of Colonel Hill and Sir Charles Hotham, Twice demanded for in the said Estimate, and therefore must be once deducted, making,	1710
"The Earl of Barrymore's Regiment, which had been reduced by the Earl of Peterborow, and was, at the Time of the Battle of Almanza, raising in England,	876.
"The Servants of the Officers belonging to the several Regiments actually in Spain, and not reduced at the Time of the Battle of Almanza,	1833
"To the Widows Men for all the Regiments in Spain, at the Time of the Battle of Almanza, as allowed by Act of Parliament,	151
"The Earl of Gallway having already taken Credit, in his Account of Effectives, for the Officers and Servants belonging to the Regiments of Farrington, Hamilton, Mohun, Brudenal, Allen, and Toby Caulfield, that were reduced some Time before the Battle of Almanza, but still in Spain; there remains to be charged in this Account the Private Men only of those Regiments, whose Pay was stopped and applied to their levying again in England, that very Year,	3741
"To the Non-commission Officers and Private Men of Blosset's Regiment, which make a Part of the 29,395, and are not charged in my Lord Gallway's Account of Effectives, because they were reduced by my Lord Rivers, and incorporated into Sybourg's,	622

Which said Report being read by the Clerk:

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.

Then the House (according to Order) was adjourned during Pleasure, and put into a Committee.

And, after some Time spent therein, the House was resumed.

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."

Ordered, That To-morrow, at Twelve a Clock, this House shall be put into a Committee again, to take into further Consideration the present State of the War in Spain; and all the Lords summoned.

Causes removed.

Ordered, That the Cause between Willims and Duncombe, which is appointed to be heard To-morrow, be put off to Monday next; and the other Causes removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Februarii jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.

24 die Martii, 1710, Hitherto examined by us,
Ric. Peterb.
W. Carliol.
Jo. Landaven.