House of Lords Journal Volume 17: 16 May 1702

Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 17: 16 May 1702', in Journal of the House of Lords: Volume 17, 1701-1705, (London, 1767-1830) pp. 130-133. British History Online https://www.british-history.ac.uk/lords-jrnl/vol17/pp130-133 [accessed 20 April 2024]

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In this section

DIE Sabbati, 16 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm. & Crew.
Epus. Landaffe.
Epus. Roffen.
Epus. Exon.
Epus. Lich. & Cov.
Epus. Petrib.
Epus. Gloucestr.
Epus. St. Asaph.
Epus. Cicestr.
Epus. Bangor.
Ds. Custos Magni Sigilli.
Dux Somerset, Præses.
March. Normanby, C. P. S.
Dux Devonshire, Senescallus.
Dux Richmond.
Dux Northumberland.
Dux Bolton.
Dux Bedford.
Dux Newcastle.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Kent.
Comes Denbigh.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Sunderland.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Nottingham.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Romney.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Lawarr.
Ds. Fitzwalter.
Ds. Wharton.
Ds. Chandos.
Ds. Lovelace.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Haversham.
Ds. Halifax.

PRAYERS.

Savage's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to recompense Philip Savage Esquire, for the Charge of Outlawries, and attending the Trustees for the forfeited Estates in Ireland."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Monday next.

Molony's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Dennis Molony Gentleman, with relation to the forfeited Estates in Ireland."

Lady Falkland's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Time to Rebecca Viscountess Falkland, of the Kingdom of Scotland, to enter her Claim before the Trustees for the forfeited Estates in Ireland, to a Mortgage upon Part of the said Estates."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Monday next.

Annesley's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Maurice Annesley Esquire, with relation to the forfeited Estates in Ireland."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Dolben and others:

Who brought up a Bill, intituled, "An Act for the Relief of Captain Richard Wolseley, and other Protestant Lessees in Ireland;" to which they desire the Concurrence of this House.

Wolseley's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Captain Richard Wolseley and other Protestant Lessees in Ireland."

Nugent's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Relief of Edmund Nugent Esquire, with relation to the forfeited Estates in Ireland."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Monday next.

Ellis's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Relief of John Ellis Esquire, with relation to the forfeited Estates in Ireland."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Monday next.

Counter et al. Imprisonment of, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the continuing the Imprisonment of Counter and others, for the horrid Conspiracy to assassinate the Person of His late Sacred Majesty King William the Third."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Sieily Thrown Silk, Importation of, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for Importing into England Thrown Silk of the Growth of Sicily, from the Port of Leghorn in Italy."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Jews Protestant Children, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to oblige the Jews to maintain and provide for their Protestant Children."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Wandesford and Foulkes, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Elizabeth Wandesford, and Elizabeth Foulkes her Daughter by Garret Foulkes Esquire deceased."

Vernon's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Mary Vernon, with relation to the forfeited Estates in Ireland."

Lavallin's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Jane Lavallin, with relation to the forfeited Estates in Ireland."

Sheriffs to continue in their Office, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the continuing the present Sheriffs in England and Wales until the First Day of Hillary Term next, unless Her Majesty shall think fit to determine them sooner."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Talbot's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Relief of Charlotte Talbot, with relation to the forfeited Estates in Ireland.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Henry Dutton Colt and others:

Who brought up a Bill, intituled, "An Act for the Relief of poor Prisoners for Debt;" to which they desire the Concurrence of this House.

Van Ryssen et al. Nat. Bill.

The Lord Howard of Escrick reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Daniel Van Ryssen and others," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Van Ryssen and others."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Mrs. Smith's Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of Susannah Smith Widow, with relation to the forfeited Estates in Ireland."

After some Time, the House was resumed.

And the Lord Viscount Longueville 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 the Relief of Susannah Smith Widow, with relation to the forfeited Estates in Ireland."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Salt Duties and Debentures Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for preventing Frauds in the Duties upon Salt, and for the better Payment of Debentures at the Customhouse."

Italian Thrown Silk, Importation of, Bill.

A Message from the House of Commons, by Colonel Lee and others:

Who brought up a Bill, intituled, "An Act for the Importation of fine Italian Thrown Silk;" to which they desire the Concurrence of this House.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Importation of fine Italian Thrown Silk."

Proceedings and Resolutions on Pamphlets. Vide Report thereof 22th Instant.

Complaint being made to the House, of a Pamphlet, intituled, "Animadversions upon the Two last Thirtieth of January Sermons, one preached to the Honourable House of Commons, the other to the Lower House of Convocation; in a Letter:"

After reading and considering several Paragraphs and Places therein, and Debate thereupon; it is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Book, or Pamphlet, intituled, "Animadversions upon the Two last Thirtieth of January Sermons, one preached to the Honourable House of Commons, the other to the Lower House of Convocation; in a Letter," is a malicious villainous Libel, containing very many Reflections on King Charles the First of ever blessed Memory, and tending to the Subversion of the Monarchy.

Animadversions on the Two 30th January Sermons to be burnt.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Pamphlet, intituled, Animadversions on the Two last Thirtieth of January Sermons, one preached before the Honourable House of Commons, the other to the Lower House of Convocation; in a Letter," shall be burnt, by the Hands of the common Hangman, in The Old Palace Yard, Westminster, on Friday the Two and Twentieth Day of this Instant May, between the Hours of One and Two of the Clock in the Afternoon of the same Day.

To the Sheriffs of London and Midd'x, and every of them.

Dr. Bincks's Sermon on 30th January censured.

Then the House took into Consideration a Book, intituled, "A Sermon preached, on January the 30th, 1701/2;, in King Henry the Seventh's Chapel, before the Reverend Clergy of the Lower House of Convocation, by W. Binckes, D. D. a Proctor for the Diocess of Lichfield and Coventry:"

And some Parts or Paragraphs out of the Ninth, Tenth, and Fifteenth Pages of the said Book being read, as followeth; (videlicet,)

"And First, as to the near Resemblance between the Parties concerned, as well the Actors as the Sufferers; comparing those in the Text with those of the Day: And here one would imagine, the latter were resolved to take St. Paul's Expression in the most literal Sense the Words will bear, and crucify to themselves the Lord afresh; and, in the nearest Likeness that could be, put Him to an open Shame. If, with respect to the Dignity of the Person, to have been born King of the Jews, was what ought to have skreened our Saviour from Violence; here is also one, not only born to a Crown, but actually possessed of it: He was not only called King by some, and at the same Time derided by others for being so called; but He was acknowledged by all to be a King: He was not just dressed up for an Hour or Two in purple Robes, and saluted with a Hail, King! but the usual Ornaments of Majesty were His customary Apparel: His Subjects owned Him to be their King; and yet they brought Him before a Tribunal; they judged Him, they condemned Him; and, that they might not be wanting in any Thing to set Him at naught, they spit upon Him, and treated Him with the utmost Contempt. Our Saviour's declaring, that His Kingdom was not of this World, might look like a Sort of Renunciation of His Temporal Sovereignty, for the present, desiring only to reign in the Hearts of Men: But here was nothing of this in the Case before us; here was an indisputable unrenounced Right of Sovereignty, both by the Laws of GOD and Man; He was the reigning Prince, and the LORD'S Anointed; and yet, in Despite of all Law, both human and divine, He was, by direct Force of Arms, and the most daring Methods of a flagrant Rebellion and Violence, deprived at once of His Imperial Crown and Life.

"The Fact of this Day was such a vying with the First Arch Rebel, the apostate Angel Lucifer; it was such a going beyond the old Serpent, in his own Way of Insolence and Pride, that it is no Wonder if he then began to raise his Head, and set up for Dominion in this World, when thus warmed and enlivened, by a fiery Zeal in some, and Rage in others, to the Degree of Drunkenness, thirsting after, and satiating themselves in, Royal Blood; and in which respect only, heated to the Degree of Frenzy and Madness, the Plea in my Text may seem to have some Hold of them; Father, forgive them, for they know not what they do!"

After Debate thereupon, it being proposed, "To censure these Paragraphs;" the House came to the following Resolution:

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That in the Book, intituled, "A Sermon preached, on January the 30th, 1701/2;, in King Henry the Seventh's Chapel, before the Reverend Clergy of the Lower House of Convocation, by W. Binckes, D. D. a Proctor for the Diocese of Lichfield and Coventry," there are several Expressions that give just Scandal and Offence to all Christian People."

Then, it being proposed to burn this Sermon;

This Question was put, "Whether this Sermon shall be burnt?"

It was Resolved in the Negative.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Resolution above recited shall be communicated to the Lord Bishop of Lichfield and Coventry.

Pamphlets, intituled, Reasons for addressing His Majesty to invite into England their Electoral Highnesses, and for attainting, &c. the pretended Prince of Wales, censured.

Complaint being made to the House, of Two Passages in the Pamphlet, intituled, "I. Reasons for addressing His Majesty to invite into England their Highnesses the Electoress Dowager and the Electoral Prince of Hanover; and likewise, II. Reasons for attainting and adjuring the pretended Prince of Wales, and all others pretending any Claim, Right, or Title, from the late King James and Queen Mary; with Arguments for making a vigorous War against France:" The Passages were read to the House, and are as follow; (videlicet,)

"It appears from History, that all free People have set aside the Children of Tyrants, for Reasons of eternal and universal Force; as inheriting the Principles and Designs of their Parents, bearing an Affection to their Friends, and owing a Revenge to their Enemies; as more likely to grasp at a greater Power than even their Parents, the better to secure themselves from their Disgrace, and being under extraordinary Obligations to those Foreign Potentates who protected or restored them.

"XXXI. In Fine, whether the Abjuration be penal or voluntary (for I cannot doubt of one or the other), I hope Care will be taken, that it be tendered, as, I said before, to all Manner of Persons, not excepting the King's Majesty, or her Royal Highness the Princess of Denmark. For all the Securities we give to them, they owe this Security to us. Not that I doubt either of them, from which I am the farthest of any Man in the World; but they both of 'em very well know what Stories and Surmises our Enemies have been actually spreading, to amuse and intimidate the People; they have whispered horrible Things, of blind and clancular Bargains; but Cæsar's Wife ought to be unsuspected as well as innocent."

22th Instant Proceedings reported, and ordered to be printed.

It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That there are in the Pamphlet, intituled, "I. Reasons for addressing His Majesty to invite into England their Highnesses the Electoress Dowager and the Electoral Prince of Hanover; and likewise, II. Reasons for attainting and abjuring the pretended Prince of Wales, and all others pretending any Claim, Right, or Title, from the late King James and Queen Mary, with Arguments for making a vigorous War against France;" Assertions and Insinuations scandalous and dangerous, tending to alienate the Affections of the Subjects of this Kingdom from Her Majesty, and to disturb the Peace and Quiet of the Kingdom.

Baldwin and Derby to attend.

The House being informed, "That Mrs. Baldwin was the Publisher of the Book, intituled, Animadversions on the Two last 30th January Sermons, &c." and that she had the Book from John Derby:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Baldwin and John Derby shall and they are hereby required to attend this House on Monday next, at Eleven a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.