DIE Lunæ, 2 Martii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Custos Magni Sigilli.
Dux Somerset, P.
Dux Devon, Senescallus.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Viscount Say & Seale.
Ds. North & Grey.
Ds. Howard Esc.
Ds. Berkeley Str.
Commission for passing Bills.
The Lord Keeper signified to the House, "That His
Majesty had commanded a Commission to be issued
out, under the Great Seal of England, for giving His
Royal Assent to several Bills agreed on by both
Then the House was adjourned during Pleasure, to
The House was resumed.
Then the Lords Commissioners; (videlicet,) the Lord
Keeper of the Great Seal of England; on whose Right
Hand sat the Lord President and Earl Marshal; and on
his Left Hand the Lord Steward, Lord Chamberlain,
and Earl of Manchester Secretary of State; on a Form
placed across the House, between the Throne and the
Woolsack; gave Order to the Deputy Gentleman Usher
of the Black Rod, to signify to the House of Commons,
"That the King had granted a Commission, under the
Great Seal of England, for giving the Royal Assent
to those Bills which have been agreed to by both
Houses of Parliament; and the Lords commissioned
by the King do desire that they would presently come
up, with their Speaker, to be present at the passing
The Lords were in their Robes.
Then the Commons being come, with their Speaker;
the Lord Keeper made a short Introduction, as follows;
"My Lords; and you the Knights, Citizens, and
Burgesses, in Parliament assembled;
"His Majesty, by an unhappy Accident, being prevented from coming hither in His own Person, to pass
the several Bills agreed on by both Houses, has commanded a Commission under His Great Seal to be
made out, by which He has given His Royal Assent
to the said Bills; and hath thereby also empowered
and commissionated several Lords in the said Commission
named, to declare and notify to both Houses such
His Assent to the said Bills; which Commission we
desire may be openly read to you."
Then the Clerk of the Parliaments received the
Commission from the Lord Keeper on his Knee, and
brought it to the Table.
Where the same was read, in bæc verba; (videlicet,)
"William the Third by the Grace of GOD of
England, Scotland, France, and Ireland, King, Defender
of the Faith, &c. To Our Right Trusty and Wellbeloved the Lords, and to Our Right Trusty and Wellbeloved the Knights, Citizens, and Burgesses, the Commons in this present Parliament assembled; Greeting.
We have seen, and perfectly understood, an Act, intituled, "An Act for the Attainder of the pretended
Prince of Wales, of High Treason;" and also one
other Act, intituled, "An Act for punishing of Officers and Soldiers that shall mutiny or desert, in
England or Ireland;" and also one other Act, intituled, "An Act for continuing an Act, intituled, An
Act that the solemn Affirmation and Declaration of
the People called Quakers, shall be accepted instead
of an Oath in the usual Form;" and also one other
Act, intituled, "An Act to naturalize Charlotte the
Wife of Hugh Boscawen Esquire;" annexed and
affixed to these Presents, and agreed and accorded on
by you Our Loving Subjects, the Lords and Commons
in this Our present Parliament assembled, and endorsed
by you as hath been accustomed: 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 We are hindered by an unhappy Accident, and 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, as well Our Keeper of Our Great Seal of England, and Our Right Trusty and Right Well-beloved
Cousins and Counsellors Charles Duke of Somerset
President of Our Council, Thomas Earl of Pembroke
& Montgomery Lord High Admiral of England, William
Duke of Devonshire Steward of Our Household,
Charles Earl of Carlisle Earl Marshal of England,
Charles Earl of Manchester One of Our Principal Secretaries of State, and Edward Earl of Jersey Chamberlain of Our Household, 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 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 enroll 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 declare and will, that after
this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, that then
immediately the said Acts shall be taken, accepted, and
admitted, good, sufficient, and perfect Acts of Parliament,
in 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. In
Witness whereof, We have caused these our Letters to
be made Patents.
"Witness Ourself, at Westminster, the Second Day
of March, in the Fourteenth Year of our Reign.
"Per ipsum Regem, propria Manu signat.
Then the Lord Keeper said,
"My Lords and Gentlemen,
"In Obedience to His Majesty's Command, and by
Virtue of His Commission, which has been now read;
we, Six of the Commissioners therein named, do declare and notify to you the Lords Spiritual and Temporal and Commons in Parliament assembled, That
His Majesty has given His Royal Assent to the several Acts in the said Commission mentioned, and thereto annexed, 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,)
"1. An Act for the Attainder of the pretended
Prince of Wales, of High Treason."
"2. An Act for punishing Officers and Soldiers who
shall mutiny or desert, in England or Ireland."
"3. An Act for continuing an Act, intituled, An Act,
That the solemn Affirmation and Declaration of the
People called Quakers shall be accepted instead of
an Oath in the usual Form."
To which the Clerk of the Parliaments pronounced
the Royal Assent severally, in these Words; (videlicet,)
"Le Roy l' veult."
"4. An Act for naturalizing Charlotte the Wife of
Hugh Boscawen Esquire."
To this Bill the Royal Assent was pronounced, by
the Clerk of the Parliaments, in these Words;
"Soit fait come il est desiré."
Which being done; the Lord Keeper declared, "This
was all the Commissioners had to do by Virtue of this
And then the Commons withdrew.
The Lords unrobed, and the Lord Keeper; and then the
Lord Keeper came back to the Woolsack; and the House
proceeded to the Business of the Day.
Sir Peter Tytrill's Bill.
vice lecta est Billa, intituled, "An Act to
vest the Manors of Hanslopp and Castle Thrupp, and
all other the Lands of Sir Peter Tyrrill Baronet, and
Thomas Tyrrill Esquire his Son, in the Parishes of
Hanslopp and Castle Thrupp, in the County of Bucks,
in Trustees, to sell Part thereof, for Payment of Debts;
and to settle other Lands, of an equal Value, in the
Parishes aforesaid, to the same Uses."
ORDERED, That the Consideration of the said Bill be
committed to the Lords following; (videlicet,)
Ds. North & Grey.
Ds. Howard Esc.
Their Lordships, or any Five of them; to meet on
Tuesday the Eleventh Day of this Instant March,
at Ten a Clock in the Forenoon, in the Prince's
Lodgings near the House of Peers; and to adjourn as they please.
Message from H. C. to return the E. of Orrery's Bill.
A Message was brought from the House of Commons,
by Sir Henry Dutton Colt and others:
To return the Bill, intituled, "An Act for enabling
Lionel Earl of Orrery in the Kingdom of Ireland, by
Sale of certain Lands and Tenements, to raise Money
for Payment of his Debts, and settle other Lands to
the Uses and Purposes in this Act mentioned;" to
which they have agreed, with One Amendment, whereunto they desire the Concurrence of this House.
Which Amendment was read Thrice, and agreed to;
and ORDERED, That the Commons have Notice thereof.
Sir Basil Firebrace versus Moore.
Whereas there is an Appeal depending in this House,
wherein Sir Basil Firebrace is Appellant, and Arthur
Moore Respondent, to which the Respondent hath this
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 Monday the
Ninth Day of this Instant March, at Eleven a Clock in
E. Abingdon takes the Oaths.
This Day Montagu Earl of Abingdon took the Oaths,
and made and subscribed the Declaration, pursuant to
Batchelor to attend, for detaining the E. of Scarborough's Horse.
The House being this Day informed, upon Oath,
That John Batchelor doth detain a Horse belonging
to the Earl of Scarbrough, a Peer of this Realm; and
hath absconded himself, so that the said Earl cannot
get his Horse by due Course of Law:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Batchelor shall and he is hereby required to attend this
House on Saturday next, at Eleven a Clock; and hereof
he may not fail, as the contrary will be answered to
Wentworth versus Ld. Raby:
After hearing Counsel, upon the Petition and Appeal of the Honourable Thomas Wentworth Esquire,
from several Decrees, Orders, and Reports, thereupon
made, in the Chancery of Ireland, in a certain Cause
there depending, wherein the said Appellant and others,
the Executors of the Right Honourable William Earl of
Strafford, the Appellant's late Uncle, were Complainants, against the Right Honourable Thomas Lord Raby
and Mrs. Anne Wentworth, and others, Defendants; and
praying Relief, against the Order of the Judges, Commissioners of the Court of Chancery, of the One and Twentieth of February One Thousand Seven Hundred; as
also former Orders in the Appeal mentioned, of the Fifteenth of July and the One and Twentieth of November
One Thousand Six Hundred Ninety-nine, and the Nine
and Twentieth of November and the Thirteenth of January One Thousand Seven Hundred, made by the Lord
Chancellor Methwen, and the Masters Reports thereupon;
which the Petitioner conceives are erroneous; and from
and against so much and such Parts of the said several
Orders, and Reports grounded thereupon, as hinder and
restrain the Petitioner from raveling into the Considerations of the Eleven Deeds of Mortgage, and from assigning and rectifying the Errors and Falsifications in the
Writing mentioned in the said Appeal, delivered by Sir
William Wentworth, containing the Particulars of and
for which the Considerations of the said several Deeds
were and are made up, and which direct the Payment
of Interest upon Interest; and whereby the Sums of
Twenty Pounds, and Two Hundred Forty-nine Pounds,
Five Shillings, and Four Pence, are disallowed to the
Petitioner; and which direct the Payment of the Rents
and Profits of the Petitioners Estate into Court, and
which tend to excuse the Respondents from discounting
and allowing for the Monies received by Sir William
Wentworth, from the Times of the Receipt thereof; as
also hearing Counsel, upon the Answer of Thomas Lord
Raby and Anne Wentworth his Sister put in thereunto;
and due Consideration had thereof:
It is this Day ORDERED and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That
the said Petition and Appeal of the said Thomas Wentworth shall be, and is hereby, dismissed this House;
and that so much of the Decrees, Orders, or Reports,
as are therein complained of, shall be, and they are
Message from H. C. with a Bill.
A Message from the House of Commons, by Sir
Henry Bunbury and others:
Who brought up a Bill, intituled, "An Act for
reviving the Act, intituled, "An Act for exempting
Apothecaries from serving the Offices of Constable,
Scavenger, and other Parish and Ward Offices, and
from serving upon Juries;" to which they desire the
Concurrence of this House.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
tertium diem instantis Martii, hora undecima Auroræ,
Dominis sic decernentibus.