House of Lords Journal Volume 19
6 June 1712

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 19: 6 June 1712', Journal of the House of Lords: volume 19: 1709-1714 (1767-1830), pp. 469-472. URL: http://british-history.ac.uk/report.aspx?compid=30081 Date accessed: 24 September 2014.


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DIE Veneris, 6 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REGINA.

Arch. Ebor.
Epus. London.
Epus. Dunelm. & Ds. Crew.
Epus. Winton.
Epus. Wigorn.
Epus. Roffen.
Epus. Eliens.
Epus. Oxon.
Epus. Bangor.
Epus. Cestrien.
Epus. Asaphen.
Epus. Cicestr.
Epus. Meneven.
Ds. Harcourt, Custos Magni Sigilli.
Comes Oxford, Thesaurarius.
Dux Buckingham, Præses.
Dux Shrewsbury, Camerarius.
Dux Somerset.
Dux Cleveland.
Dux Grafton.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Leeds.
Dux Devonshire.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Kent.
March. Lindsey, Magnus Camerarius.
March. Dorchester.
Comes Poulet, Senescallus.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Dorset.
Comes Bridgewater.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Winchilsea.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Sussex.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plymouth.
Comes Portland.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Orford.
Comes Jersey.
Comes Greenwich.
Comes Wharton.
Comes Godolphin.
Comes Cholmondeley.
Comes Mar.
Comes Eglintoun.
Comes Home.
Comes Kinnoul.
Comes Loudoun.
Comes Northesk.
Comes Roseberie.
Comes I'lay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Viscount Say & Seal.
Viscount Townshend.
Viscount Weymouth.
Viscount Hatton.
Viscount Kilsyth.
Ds. Delawar.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Compton.
Ds. Howard Escr.
Ds. Mohun.
Ds. Bruce.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Osborne.
Ds. Carteret.
Ds. Ossulstone.
Ds. Stawell.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Barnard.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Hervey.
Ds. Cowper.
Ds. Blantyre.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Burton.
Ds. Mansel.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.

PRAYERS.

Message from H. C. to return Hillersdon's Bill.

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

To return the Bill, intituled, "An Act for vesting several Lands in Battlesdon, in the County of Bedford, in John Hillersdon Esquire and his Heirs, discharged of several Uses and Estates to which they are limited; and for settling other Lands, of greater Value, in the same County, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ministers in Scotland, Abjuration Oath, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Time for the Ministers in Scotland to take the Abjuration Oath."

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 Mr. Orlebar and Mr. Browning:

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

Lillingston versus Constable et al.

Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of Brigadier General Luke Lillingston, whereunto Marmaduke Constable and others are Respondents:

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 next, at Twelve a Clock.

Peirson's Bill:

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act for Sale of the Estate of William Peirson Esquire, deceased, for Payment of an Incumbrance thereupon, and a Debt due from the said William Peirson to Her Majesty, as he was Collector of the Customs at Plymouth, was committed: That they had examined the Allegations of the said Bill, and found the same to be true; and that the Parties concerned therein had consented thereunto; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Estate of William Peirson Esquire, deceased, for Payment of an Incumbrance thereupon, and a Debt due from the said William Peirson to Her Majesty, as he was Collector of the Customs at Plymouth."

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.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Browning:

To acquaint them, that the Lords had agreed to the said Bill, without any Amendment.

Palmer's Committee, Time shortened.

Whereas Tuesday the Seventeenth Instant was appointed, for the Meeting of the Lords Committees to whom the Bill, intituled, "An Act for confirming a Lease made by Jeffery Palmer and Robert Palmer Esquires, for a further Provision for Payment of the Debts of the said Jeffery Palmer," was committed: The House being this Day moved, in regard of the Nearness of the End of this Session of Parliament, "That the Time for meeting of the said Committee may be shortened:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Committee may meet on Monday next, at Ten a Clock.

L. Bellew's Bill:

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Time for Sale of Part of the Estate of the Right Honourable Richard Lord Bellew, of the Kingdom of Ireland, vested in Trustees by an Act of Parliament lately passed in the said Kingdom," was committed: "That they had considered the same, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Time for Sale of Part of the Estate of the Right Honourable Richard Lord Bellew, of the Kingdom of Ireland, vested in Trustees by an Act of Parliament lately passed in the said Kingdom."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Browning:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Queen present:

Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, and attended with Her Officers of State (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, "That it is Her Majesty's Pleasure, they attend Her immediately, in the House of Peers."

Who being come, with their Speaker; the Clerk of the Crown read the Titles of the several Bills to be passed, as follows; (videlicet,)

Bills passed.

"1. An Act for making effectual such Agreement as shall be made between the Royal African Company of England and their Creditors."

"2. An Act for repairing the Highway, between Highgate Gatehouse, in the County of Middlesex, and Barnet Blockhouse, in the County of Hertford."

"3. An Act for enlarging, amending, and maintaining, the Road betwixt Northfleet, Gravesend, and Rochester, in the County of Kent."

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

"La Reine le veult."

"4. An Act for Relief of George Mathew Esquire, against a Clause in an Act of Parliament passed in Ireland, whereby several Fines and Recoveries, and a Settlement of his late Wife's Estate, are set aside."

"5. An Act to vest several Lands and Tenements, in the County of Warwick, the Estate of Thomas Vyner, late of Ethrop, in the said County, Esquire, deceased, in Trustees; and to enable them to sell Part thereof, for discharging several Debts and Incumbrances thereon; and to raise a present Provision for his Son and Heir, an Infant, and the rest of his Children."

"6. An Act for uniting the Parish Churches of Thorndon and Ingrave, in the County of Essex."

"7. An Act to empower the Paymaster of the Million Lottery Tickets to pay to Sir William Hodges Baronet the Money due upon Fourteen Tickets in the said Lottery."

"8. An Act for Sale of the Estate of William Peirson Esquire, deceased, for Payment of an Incumbrance thereupon, and a Debt due from the said William Peirson to Her Majesty, as he was Collector of the Customs at Plymouth."

"9. An Act for vesting several Lands in Battlesdon, in the County of Bedford, in John Hillersdon Esquire, and his Heirs, discharged of several Uses and Estates to which they are now limited; and for settling other Lands, of greater Value, in the same County, to the same Uses."

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

"Soit fait come il est desiré."

Then Her Majesty spake as follows; (videlicet,)

Queen's Speech, concerning the Peace.

"My Lords, and Gentlemen,

"The making Peace and War is the undoubted Prerogative of the Crown: Yet, such is the just Confidence I place in you, that, at the Opening of this Session, I acquainted you, that a Negotiation for a general Peace was begun; and afterwards, by Messages, I promised to communicate to you the Terms of Peace, before the same should be concluded.

"In Pursuance of that Promise, I now come to let you know upon what Terms a general Peace may be made.

"I need not mention the Difficulties which arise from the very Nature of this Affair: And it is but too apparent, that these Difficulties have been increased by other Obstructions, artfully contrived, to hinder this great and good Work.

"Nothing, however, has moved Me from steadily pursuing, in the First Place, the true Interest of My own Kingdoms; and I have not omitted any Thing which might procure to all our Allies what is due to them by Treaties, and what is necessary for their Security.

"The assuring of the Protestant Succession, as by Law established, in the House of Hanover, to these Kingdoms, being what I have nearest at Heart; particular Care is taken, not only to have that acknowledged in the strongest Terms; but to have an additional Security, by the Removal of that Person out of the Dominions of France, who has pretended to disturb this Settlement.

"The Apprehension that Spain and The West Indies might be united to France, was the chief Inducement to begin this War; and the effectual preventing of such an Union, was the Principle I laid down at the Commencement of this Treaty.

"Former Examples and the late Negotiations sufficiently shew how difficult it is to find Means to accomplish this Work. I would not content Myself with such as are speculative, or depend on Treaties only: I insisted on what is solid, and to have at Hand the Power of executing what should be agreed.

"I can therefore now tell you, that France, at last, is brought to offer, that the Duke of Anjou shall, for himself and his Descendants, renounce for ever all Claim to the Crown of France; and, that this important Article may be exposed to no Hazard, the Performance is to accompany the Promise.

"At the same Time, the Succession to the Crown of France is to be declared, after the Death of the present Dauphin and his Sons, to be in the Duke of Berry and his Sons, in the Duke of Orleans and his Sons, and so on to the rest of the House of Bourbon.

"As to Spain and The Indies; the Succession to those Dominions, after the Duke of Anjou and his Children, is to descend to such Prince as shall be agreed upon at the Treaty; for ever excluding the rest of the House of Bourbon.

"For confirming the Renunciations and Settlements before mentioned, it is further offered, that they shall be ratified in the most strong and solemn Manner, both in France and Spain; and that those Kingdoms, as well as all the other Powers engaged in the present War, shall be Guarantees to the same.

"The Nature of this Proposal is such, that it executes itself: The Interest of Spain is to support it; and in France, the Persons to whom that Succession is to belong, will be ready and powerful enough to vindicate their own Right.

"France and Spain are now more effectually divided than ever; and thus, by the Blessing of God, will a real Balance of Power be fixed in Europe, and remain liable to as few Accidents as human Affairs can be exempted from.

"A Treaty of Commerce, between these Kingdoms and France, has been entered upon; but the excesfive Duties laid on some Goods, and the Prohibitions of others, make it impossible to finish this Work so soon as were to be desired: Care is, however, taken to establish a Method of settling this Matter; and, in the mean Time, Provision is made; that the same Privileges and Advantages, as shall be granted to any other Nation by France, shall be granted in like Manner to us.

"The Division of the Island of St. Christopher between us and the French having been the Cause of great Inconveniency and Damage to My Subjects, I have demanded to have an absolute Cession made to Me of that whole Island; and France agrees to this Demand.

"Our Interest is so deeply concerned in the Trade of North America, that I have used My utmost Endeavours to adjust that Article in the most beneficial Manner. France consents to restore to us the whole Bay and Streights of Hudson; to deliver up the Island of Newfoundland, with Placentia; and to make an absolute Cession of Annapolis, with the rest of Nova Scotia or Accadie.

"The Safety of our Home Trade will be better provided for, by the Demolition of Dunkirk.

"Our Mediterranean Trade, and the British Interest and Influence in those Parts, will be secured, by the Possession of Gibralter and Port Mahon, with the whole Island of Minorca, which are offered to remain in My Hands.

"The Trade to Spain and to The West Indies may, in general, be settled as it was in the Time of the late King of Spain, Charles the Second; and a particular Provision be made, that all Advantages, Rights, or Privileges, which have been granted, or which may hereafter be granted, by Spain, to any other Nation, shall be in like Manner granted to the Subjects of Great Britain.

"But, the Part which we have borne in the Prosecution of this War entitling us to some Distinction in the Terms of Peace, I have insisted, and obtained, that the Assiento, or Contract for furnishing The Spanish West Indies with Negroes, shall be made with us, for the Term of Thirty Years, in the same Manner as it has been enjoyed by the French for Ten Years past.

"I have not taken upon Me to determine the Interest of Our Confederates: These must be adjusted in the Congress at Utrecht, where My best Endeavours shall be employed, as they have hitherto constantly been, to procure to every One of them, all just and reasonable Satisfaction. In the mean Time, I think it proper to acquaint you, that France offers to make The Rhine the Barrier of the Empire; to yield Brisack, the Fort of Kehl, and Landau; and to raze all the Fortresses both on the other Side of The Rhine and in that River.

"As to the Protestant Interest in Germany; there will be, on the Part of France, no Objection to the re-settling thereof on the Foot of the Treaty of Westphalia.

"The Spanish Low Countries may go to His Imperial Majesty; the Kingdoms of Naples and Sardinia, the Dutchy of Milan, and the Places belonging to Spain on the Coast of Tuscany, may likewise be yielded, by the Treaty of Peace, to the Emperor.

"As to the Kingdom of Sicily, though there remains no Dispute concerning the Cession of it by the Duke of Anjou, yet the Disposition thereof is not yet determined.

"The Interests of The States General, with respect to Commerce, are agreed, as they have been demanded by their own Ministers, with the Exception only of some very few Species of Merchandize; and the entire Barrier, as demanded by The States in Seventeen Hundred and Nine, from France, except Two or Three Places at most.

"As to these Exceptions, several Expedients are proposed; and, I make no Doubt, but this Barrier may be so settled, as to render that Republic perfectly secure against any Enterprize on the Part of France, which is the Foundation of all My Engagements upon this Head with The States.

"The Demands of Portugal depending on the Disposition of Spain, and that Article having been long in Dispute, it has not yet been possible to make any considerable Progress therein; but My Plenipotentiaries will now have an Opportunity to assist that King in His Pretensions.

"Those of the King of Prussia are such as, I hope, will admit of little Difficulty on the Part of France; and My utmost Endeavours shall not be wanting to procure all I am able to so good an Ally.

"The Difference between the Barrier demanded for the Duke of Savoy in Seventeen Hundred and Nine, and the Offers now made by France, is very inconsiderable; but, that Prince having so signally distinguished himself in the Service of the common Cause, I am endeavouring to procure for Him still further Advantages.

"France has consented, that the Elector Palatine shall continue his present Rank among the Electors, and remain in Possession of The Upper Palatinate.

"The Electoral Dignity is likewise acknowledged in the House of Hanover, according to the Article inserted, at that Prince's Desire, in My Demands.

"And as to the rest of the Allies, I make no Doubt of being able to secure their several Interests.

"My Lords, and Gentlemen,

"I have now communicated to you, not only the Terms of Peace, which may, by the future Treaty, be obtained for My own Subjects; but likewise the Proposals of France for satisfying our Allies.

"The former are such as I have Reason to expect, to make My People some Amends for that great and unequal Burden which they have lain under through the whole Course of this War; and I am willing to hope, that none of our Confederates, and especially those to whom so great Accessions of Dominion and Power are to accrue by this Peace, will envy Britain her Share in the Glory and Advantage of it.

"The latter are not yet so perfectly adjusted, as a little more Time might have rendered them; but the Season of the Year making it necessary to put an End to this Session, I resolved no longer to defer communicating these Matters to you.

"I can make no Doubt but you are all fully persuaded, that nothing will be neglected, on My Part, in the Progress of this Negotiation, to bring the Peace to a happy and speedy Issue; and I depend on your entire Confidence in Me, and your chearful Concurrence with Me."

Then Her Majesty was pleased to withdraw; and the Commons returned to their House.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

The Lord Keeper reported Her Majesty's Speech.

And the same being afterwards read, by the Clerk:

Queen's Speech to be considered.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at One a Clock, this House will take Her Majesty's said Gracious Speech into Consideration; and all the Lords summoned to attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, septimum diem instantis Junii, hora duodecima Dominis sic decernentibus.