Die Jovis, 23 Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Epus. Sarum.
Epus. Bangor.
Epus. Lincoln.
Epus. Landaven.
Epus. Asaphen. |
Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Dux Newcastle, C. P. S.
Dux Somerset.
Dux Beaufort.
Dux Bolton.
Dux Buckingham & Normanby.
Dux Hamilton.
Dux Montrose.
Dux Roxburghe.
Dux Dover.
March. Kent, Camerarius.
March. Dorchester.
March. Lothian.
Comes Derby.
Comes Leicester.
Comes Westmorland.
Comes Peterborow.
Comes Scarsdale.
Comes Essex.
Comes Feversham.
Comes Radnor.
Comes Scarbrough.
Comes Rochford.
Comes Orford.
Comes Wharton.
Comes Poulet.
Comes Cholmondeley.
Comes Mar.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Northesk.
Comes Seafield.
Comes Roseberie.
Comes Glasgow.
Viscount Townshend. |
Ds. Delawarr.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Lexington.
Ds. Dartmouth.
Ds. Guilford.
Ds. Herbert.
Ds. Halifax.
Ds. Gernsey. |
PRAYERS.
Dove's Petition, referred to Judges.
Upon reading the Petition of Thomas Dove Esquire, a
Minor, about the Age of Eighteen Years, Son and
Heir of William Dove, late of Upton, in the County of
North'ton, Esquire, deceased, by Christopher Jackson, of
Doddington, in the said County, Gentleman, his Guardian and next Friend; praying Leave to bring in a
Bill, to enable him (though a Minor) to make Sale of
his Estates at Havon-Court in North'tonshire, and Castle
Acre in Norfolke, for the Payment of Debts and Legacies:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of
the said Petition shall be, and is hereby, referred to
Mr. Justice Tracy and Mr. Baron Lovell; who are
forthwith to summon all Parties concerned in the Bill;
and, after hearing them, to report to the House the
State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be
concerned in the Consequences of the Bill have signed
the Petition; and also that the Judges, having perused
the Bill, do sign the same.
Hill's Petition, referred to Judges.
Upon reading the Petition of Edward Hill, of Rothwell in the County of North'ton, Esquire; praying
Leave to bring in a Bill, to enable him to sell Part of his
Lands and Tenements, to pay and discharge such Debts
and Portions as are charged thereupon:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of
the said Petition shall be, and is hereby, referred to Mr.
Baron Price and Mr. Justice Dormer; who are forthwith to summon all Parties concerned in the Bill; and,
after hearing them, to report to the House the State of
the Case, with their Opinion thereupon, under their
Hands, and whether all Parties that may be concerned
in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill,
do sign the same.
Land Tax, Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
granting an Aid to Her Majesty, to be raised by a
Land Tax in Great Britain, for the Service of the
Year One Thousand Seven Hundred and Nine."
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. Gery and Mr. Rogers:
To acquaint them, that the Lords have agreed to
the said Bill, without any Amendment.
Viscount Falkland versus Lytton & al.
Upon reading the Petition and Appeal of Rebecca
Viscountess Dowager Falkland, only Daughter of Sir
Rowland Lytton Knight, by Rebecca his Second Wife,
from a Decree made in the Court of Chancery, the Sixteenth Day of June last, on the Behalf of Lytton Lytton
Esquire, an Infant; and praying to be relieved against
the said Decree; and that the said Lytton Lytton and
Dame Anne Russell may put in their Answers to the said
Petition:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lytton Lytton
and Dame Anne Russell may have a Copy of the said
Appeal; and shall and they are hereby required to put
in their Answer or respective Answers thereunto, in
Writing, on Friday the Seventh Day of January next,
at Eleven a Clock.
Lady Russell & al. versus Lytton & al.
Upon reading the Petition and Appeal of Dame Anne
Russell, One of the Coheirs, and only surviving Daughter, of Sir Rowland Lytton Knight, deceased, by Mary
his First Wife, and Sister and Coheir of the whole Blood
of Sir William Lytton Knight, also deceased, from a
Decree made in the Court of Chancery, the Sixteenth
Day of June last, on the Behalf of Lytton Lytton
Esquire; and praying to be relieved against the said
Decree; and that the said Lytton Lytton and the
Right Honourable Rebecca Viscountess Dowager Falkland may put in their Answers to the said Petition:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lytton Lytton
and Viscountess Dowager Falkland may have a Copy of
the said Appeal; and shall and they are hereby required
to put in their Answer or respective Answers thereunto, in Writing, on Friday the Seventh Day of January next, at Eleven a Clock.
Address, upon the Taking of Ghent, Committee to draw.
The House being moved, "To congratulate Her Majesty upon the glorious and happy Successes of the
last Campaign, and particularly the Taking of Ghent:"
The Lords following were appointed a Committee, to
draw an Address, to be presented to Her Majesty:
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Comes Godolphin, Thesaurarius.
Dux Newcastle, C. P. S.
Dux Somerset.
Dux Bolton.
March. Dorchester.
Comes Lincoln.
Comes Scarbrough.
Comes Orford.
Comes Wharton.
Comes Mar.
Comes Seafield.
Viscount Townshend. |
Ds. Mohun.
Ds. Herbert.
Ds. Halifax. |
Their Lordships, or any Three of them; to meet
presently, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
Intended Invasion of Scotland, to be considered.
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That, on Wednesday the Twelfth
Day of January next, this House shall take into Consideration the State of the Nation, in relation to the late
intended Invasion on Scotland.
The House was adjourned during Pleasure, for the
Lord Chancellor to attend Her Majesty.
After some Time, the House was resumed.
The Lord Privy Seal reported from the Lords Committees, the Address drawn by their Lordships.
Which was read, and agreed to by the House, as follows; (videlicet,)
Address:
"We, Your Majesty's most dutiful and loyal Subjects,
the Lords Spiritual and Temporal Parliament
assembled, do most humbly congratulate Your Majesty,
upon the Reduction of Ghent, the last great Effort of
this glorious Year; a Year that will be ever famous
in History, as well for the entire Disappointment of
all the Attempts and Hopes of Your Enemies, as for
the many wonderful Successes with which God has
blessed the Arms of Your Majesty and Your Allies.
The unusual Length of the Campaign, the Variety of
Events, and the Difficulty and Importance of the
Actions, have given many Opportunities to Your Majesty's General the Duke of Marlborough, to shew his
consummate Ability, and all the great Qualities necessary for so high a Trust; whereby, in Conjunction
with the Renowned Prince Eugene of Savoy, such considerable Progress has been made, and Your Conquests so far advanced, that we have Reason to hope
the Enemy, in Spight of all their Presumption, will
soon find themselves under an absolute Necessity of
submitting to a safe and honourable Peace."
Message to H. C. with it, for their Concurrence.
Then, a Message was sent to the House of Commons,
by Mr. Justice Powis and Mr. Justice Dormer:
To acquaint them, that the Lords have agreed upon
an Address, to be presented to Her Majesty; to which
they desire the Concurrence of their House.
The Messengers sent to the House of Commons return Answer:
That they have delivered the Address, as commanded,
to the Commons.
Message from thence, that they agree to it.
A Message was brought from the House of Commons,
by the Earl of Hertford and others:
To acquaint this House, that they have agreed to
their Lordships Address, sent down to them, with One
Amendment, by inserting the Words ["and Commons"].
Which Address, so agreed to by both Houses, is as
follows; (videlicet,)
Address of both Houses, upon the Taking of Ghent:
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal and Commons in Parliament assembled, do most humbly congratulate Your Majesty upon the Reduction of Ghent,
the last great Effort of this glorious Year; a Year
that will be ever famous in History, as well for the
entire Disappointment of all the Attempts and Hopes
of Your Enemies, as for the many wonderful Successes with which God has blessed the Arms of Your
Majesty and Your Allies. The unusual Length of
the Campaign, the Variety of Events, and the Difficulty and Importance of the Actions, have given
many Opportunities to Your Majesty's General the
Duke of Marlborough, to shew his consummate Ability, and all the great Qualities necessary for so high
a Trust, whereby, in Conjunction with the Renowned
Prince Eugene of Savoy, such considerable Progress
has been made, and Your Conquests so far advanced,
that we have Reason to hope the Enemy, in Spight
of all their Presumption, will soon find themselves
under an absolute Necessity of submitting to a safe
and honourable Peace."
Lords with White Staves, to attend Her Majesty:
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 be attended,
with the Address of both Houses of Parliament.
Address and Answer to be printed.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Address of both
Houses of Parliament, this Day presented to Her Majesty, and Her Majesty's most Gracious Answer thereunto, shall be forthwith printed and published.
Queen to be attended:
The Lord Treasurer acquainted the House, "That Her
Majesty had appointed Six a Clock this Evening, to be attended with the Address of both Houses of Parliament."
Message to H. C. to acquaint them with it.
Then, a Message was sent to the House of Commons,
by Mr. Gery and Mr. Rogers:
To acquaint them, that Her Majesty has appointed
Six a Clock this Evening, to be attended with the Address of both Houses; and that, in Respect to Her Majesty's present Circumstances, their Lordships have ordered the Lord Chancellor only to attend Her Majesty
at that Time, on the Part of this House.
The Lord Chancellor acquainted the House, "That
Her Majesty has been pleased to grant a Commission
for passing the Land Tax Bill."
The House was adjourned during Pleasure, to robe.
The House was resumed.
Land Tax Bill, passed by Commission.
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;
the Lord Treasurer and the Duke of Somerset on his
Right Hand; and the Lord Privy Seal on his Left;
commanded the Deputy 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 Chancellor said,
"My Lords, and Gentlemen,
"Her Majesty, not yet thinking fit to be personally
present in Parliament, has been pleased to permit the
Commission, read to you at the Opening of this Parliament, to continue in Force; and, for greater Certainty, to issue another Commission, under the Great
Seal, for the giving Her Royal Assent to the Bill
lately passed both Houses, authorizing the same Lords
Commissioners to declare and notify to both Houses,
the said Royal Assent; which Commission we desire
may be read."
Then the Commission was read, as followeth; (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 indorsed by you as hath been accustomed, the Title and Name of which Act hereafter
doth particularly ensue; (that is to say,) "An Act for
granting an Aid to Her Majesty, to be raised by a Land
Tax in Great Britain, for the Service of the Year
One Thousand Seven Hundred and Nine:" 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 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, Our
Right Trusty and Well-beloved Counsellor William
Lord Cowper, 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
Well-beloved Counsellor Thomas Lord Archbishop of
Canterbury, Primate and Metropolitan of all England,
Our said Chancellor of Great Britain, Our Right Trusty
and Right Well-beloved Cousin and Counsellor Sidney
Earl of Godolphin Our High Treasurer of Great Britain,
Our Right Trusty and Right Entirely-beloved Cousins
and Counsellors John Duke of Newcastle Our Keeper
of Our Privy Seal, William Duke of Devonshire Our
Steward of Our Household, Charles Duke of Somerset
Our Master of Our Horse, John Duke of Marlborough,
and Our Right Trusty and Right Well-beloved Cousins and Counsellors Thomas Earl of Pembroke and
Montgomery Our High Admiral of Great Britain,
Charles Earl of Sunderland One of Our Principal
Secretaries of State, 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 indorse 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 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. And whereas, by Our Letters Patents,
bearing Date at Westminster, the Fifteenth Day of
November last past, We did give and grant unto the
said Archbishop of Canterbury, Our High Chancellor of
Great Britain, Our High Treasurer of Great Britain,
Our Keeper of Our Privy Seal, Our Steward of Our
Household, Our Master of Our Horse, John Duke
of Marlborough, Thomas Earl of Pembroke and Montgomery then President of Our Council, and Charles
Earl of Sunderland, or any Three of them, full Power,
in Our Name, to begin and hold this Our Parliament,
and to open and declare, and cause to be opened and
declared, the Causes of Our calling of it, and to
proceed upon those Affairs, and in the said Parliament, and in all Matters arising therein, and to do
every Thing which for Us, and by Us, for the good
Government of Our Kingdom of Great Britain, and of
other Our Dominions belonging to Our said Kingdom,
should be therein to be done, and, if necessary, to
continue, adjourn, and prorogue, Our said Parliament;
We do hereby further declare, that Our said Letters
Patents, and every Clause, Matter, and Thing, therein
contained, are, and shall be, in as full Force and
Power, these Our Letters Patents, or any Thing
herein, notwithstanding, as if these Presents had not
been had or made. And Our Will and Pleasure is,
and We do ordain and constitute, that the said Archbishop of Canterbury, Our High Chancellor of Great
Britain, Our High Treasurer of Great Britain, Our
Keeper of Our Privy Seal, Our Steward of Our
Household, Our Master of Our Horse, John Duke
of Marlborough, Our High Admiral of Great Britain,
and Charles Earl of Sunderland, or any Three of
them, shall put in Execution all the Powers and Authorities in the said Letters Patents mentioned and expressed, that yet remain to be done and executed.
In Witness whereof, We have caused these Our Letters to be made Patents.
"Witness Ourself, at Westminster, the Three and
Twentieth Day of December, in the Seventh
Year of Our Reign.
"Per ipsam Reginam, propria Manusignat.
"Wrighte."
Then the Lord Chancellor said,
"In Obedience to Her Majesty's Commands, and by
Virtue of the several Commissions to us among other
Lords directed (One whereof has been now read),
we 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 Act in the Commission mentioned, agreed on
by both Houses of Parliament; 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 granting an Aid to Her Majesty, to be
raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and
Nine."
To which Bill the Clerk of the Parliaments pronounced the Royal Assent, in these Words;
(videlicet,)
"La Raine remercie ses bon Subjects, accepte
leur Benevolence, et ainsi le veult."
Then the Lord Chancellor said,
"My Lords, and Gentlemen,
"This is all we have at present to do, by Virtue of
the before mentioned Commissions."
Papers concerning the Election of the Sixteen Peers delivered:
The House being informed, "That the Clerks of the
Sessions from Scotland attended, pursuant to Order;"
they were called in; and Sir James Dalrimple and Mr.
Makensy delivered, at the Bar, all the Papers and Documents relating to the Proceeding of the Election of
Sixteen Peers for Scotland.
Then they withdrew; and the following Order was
made:
Clerks of Session from Scotland to attend.
"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Sir James Dalrimple and Mr. Makensy, the Clerks of the Session
from Scotland, do attend this House on Monday the
Tenth Day of January next, at Eleven a Clock."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum diem Januarii jam prox. futur. hora undecima
Auroræ, Dominis sic decernentibus.
27 die Aprilis, 1709, Hitherto examined by us,
Ric. Peterbor.
W. Carliol.
Halifax.