House of Lords Journal Volume 17
7 March 1702

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History of Parliament Trust

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1767-1830

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59, 60, 61, 62

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'House of Lords Journal Volume 17: 7 March 1702', Journal of the House of Lords: volume 17: 1701-1705 (1767-1830), pp. 59-62. URL: http://british-history.ac.uk/report.aspx?compid=14530 Date accessed: 21 September 2014.


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DIE Sabbati, 7 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Hereford.
Epus. Cestr.
Epus. Eliens.
Epus. Petriburg.
Epus. Gloucestr.
Epus. Lincoln.
Epus. Oxon.
Ds. Custos Magni Sigilli.
Dux Ormonde.
Dux St. Albans.
Dux Bolton.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Denbigh.
Comes Manchester.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Thanet.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Radnor.
Comes Abingdon.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Lawarr.
Ds. Ferrers.
Ds. North.
Ds. Chandos.
Ds. Poulett.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Jermyn.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Jeffreys.
Ds. Ashburnham.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Succession of Crown to settle, Bill for, &c.

The Amendment made by the House of Commons to the Lords Amendments to the Bill, intituled, "An Act for the further Security of His Majesty's Person, and the Succession of the Crown in the Protestant Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors," was read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Batchelor discharged.

The House being moved, at the Request of the Earl of Scarbrough, "That John Batchelor, who was summoned to attend this Day, might be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Batchelor shall be, and he is hereby, discharged from any further Attendance.

Malt, &c. Duties on, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by laying Duties upon Malt, Mum, Cyder, and Perry."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

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

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by laying Duties upon Malt, Mum, Cyder, and Perry."

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; and to desire they would continue sitting.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Rogers:

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

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Rogers:

To desire the Commons, that they will continue sitting for some Time.

Sir W. Meredith's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling Sir William Meredith Baronet to sell Part of a Capital Messuage, and other Things, in Ashley, in the County of Chester; he having settled other Lands and Tenements in Lieu thereof."

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 Sir Richard Holford and Mr. Rogers:

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

Dean and Chapter of Exon, Bill for the Manor of Culmstock.

The Lord Jeffreys reported from the Lords Committees, the Bill, intituled, "An Act to enable the Dean and Chapter of the Cathedral Church of St. Peter in Exeter, and their Farmers and Tenants, to make Leases of and in the Manor of Culmstock, in the County of Devon," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

The Messengers sent to the House of Commons return Answer:

That the Commons will fit as desired.

Pawlett Leave for a Bill.

Upon reading the Petition of Thomas Pawlet, Brother and next Heir of Henry Pawlet, a Lunatic; praying Leave to bring in a Bill, for settling and disposing of the Estate of the said Henry, in case the said Henry shall not recover a found and disposing Mind, nor leave any Issue of his Body lawfully begotten; he having the Consent of all Parties interested:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall have Leave to bring in a Bill, as desired.

Damecourt & al. Nat.

Upon reading the Petition of Charles David Damecourt and others; praying Leave to bring in a Bill to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have Leave, as desired.

Windham, Leave for a Bill.

Upon reading the Petition of Rebeccah Windham Widow, Relict and Executrix of William Windham, late of Cowbridge, in the County of Glamorgan, Esquire, deceased, on the Behalf of herself and of Jane Windham her Daughter, an Infant under the Age of One and Twenty Years; praying Leave to bring in a Bill, for enabling her to sell Lands, for the raising of One Thousand Pounds for her Daughter's Portion, and Payment of Debts.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath Leave to bring in a Bill, as desired.

Freeholders to keep Arms, Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee upon the Bill, intituled, "An Act for the more effectual Security of His Majesty's Government, and the Liberties and Properties of His Subjects, by allowing Freeholders and others to keep Musquets, and exercise themselves in shooting," on Tuesday next, at Twelve a Clock, the First Business.

Lord Keeper attends the King.

The House being acquainted, "That there was a Necessity for the Lord Keeper to attend His Majesty at Kensington."

The House was adjourned during Pleasure; and the Lord Keeper went to Kensington.

After some Time, he returned.

Then the House was resumed.

Commission for passing Bills.

The Lord Keeper signified to the House, "That His Majesty had granted a Commission, under the Great Seal of England, for passing the Royal Assent to several Bills agreed on by both Houses."

Then the Lords Commissioners, (videlicet,) the Lord Keeper, at whose Right Hand sat the Lord Great Chamberlain; and on his Left, the Earl Marshal, and the Earl of Manchester One of the Principal Secretaries of State; on a Form set across the House, between the Throne and the Woolsack; gave Orders 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, 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 Keeper made a short Introduction, to this Effect; (videlicet,)

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

"His Majesty being hindered, by the present Indisposition of His Health, from coming hither in His own 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 He has given His 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 His Assent to the said Bills: Which Commission we desire may be openly read."

Then the Commission was read, by the Clerk, as follows; (videlicet,)

"William R.

"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 Right Well-beloved the Lords; and to Our Trusty and well-beloved 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 granting an Aid to His Majesty, by laying Duties upon Malt, Mum, Cyder, and Perry;" and also, one other Act, intituled, "An Act for the further Security of His Majesty's Person, and the Succession of the Crown in the Protestant Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret abettors;" And also one other Act, 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;" 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 the present Indisposition of Our Health, 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, to seal these Our Letters Patents with our Great Seal of England; as Our said 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, William Duke of Devon Steward of Our Household, Robert Earl of Lindsey Great Chamberlain of England, Charles Earl of Carlisle Earl Marshal of England, Thomas Earl of Pembroke and Montgomery High Admiral of England, Edward Earl of Jersey Chamberlain of Our Household, and Charles Earl of Manchester 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 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 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 notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself, at Westminster, the Seventh Day of March, in the Fourteenth Year of Our Reign.

"Per ipsum Regem, propria Manu signat.

"WRIGHTE."

Then the Speaker of the House of Commons made a short Speech, relating to the Money Bill to be passed, and delivered the same to the Clerk of the Parliaments; who laid it on the Table.

Then the Lord Keeper said,

"My Lords and Gentlemen;

"In Obedience to His Majesty's Command, and by Virtue of the Commission which has been now read, We, Four 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, agreed on by both Houses of Parliament; and the Clerks are required to pass the same, in their accustomed Form and Words."

Bills passed.

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

"1. An Act for granting an Aid to His Majesty, by laying Duties upon Malt, Mum, Cyder, and Perry."

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

"Le Roy remercie ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

"2. An Act for the further Security of His Majesty's Person, and the Succession of the Crown in the Protestant Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors."

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

"Le Roy le veult."

"3. 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 this Bill the Royal Assent was pronounced, by the Clerk of the Parliaments, in these Words; (videlicet,)

"Soit fait come il est desiré."

After which the Lord Keeper said,

"My Lords and Gentlemen,

"This is all we have to do by virtue of this Commission."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Dominicum, (videlicet,) octavum diem instantis Marrii, hora duodecima Auroræ, Dominis sic decernentibus.