House of Lords Journal Volume 18
23 December 1708

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1767-1830

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'House of Lords Journal Volume 18: 23 December 1708', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 595-598. URL: http://british-history.ac.uk/report.aspx?compid=29687 Date accessed: 25 October 2014.


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Die Jovis, 23 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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:

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.