Journal of the House of Lords: Volume 20, 1714-1717. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 18 Augusti.
Message from H. C. with Bills.
With a Bill, intituled, "An Act for building and endowing a Church upon the Scite of the Castle of Liverpole, held by a Lease from the Dutchy of Lancaster; and for explaining a former Act for the building another Church there;" to which they desire the Concurrence of this House.
With a Bill, intituled, "An Act for the Relief of Anne Milner, Thomas Colemore, William Hunt, William Parrott and others, as to Customs of Goods burnt or destroyed by the late Fire in Thames Street, London; to which they desire the Concurrence of this House.
E. Rochester and V. Mountjoy's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Earl of Rochester, and William Lord Viscount Mountjoy in the Kingdom of Ireland, to take the Oaths of Office for their respective Offices in the said Kingdom of Ireland; and to qualify themselves in England for the legal Enjoyment of their said Offices."
Masson, Pet. for Naturalization, Bill:
A Petition of Francis Masson, Son of John Masson by Michal his Wife, born at Dompiere in the Diocese of Nayon in France, professing the Protestant Religion, was presented to the House, and read; praying to be added to the Bill for naturalizing Robert de Vlieger and others.
Messages from H. C. to return Sir W. Courtenay's Bill; and Lee's Bill.
To return the Bill, intituled, "An Act for vesting certain Manors and Lands in the Counties of Devon and Kent, the Estate of Sir William Courtenay Baronet, in Trustees and their Heirs, to be sold; and, with the Monies arising thereby to purchase other Lands in the County of Devon, contiguous to the Seat of the Family, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.
To return the Bill, intituled, "An Act to enable Richard Lee, an Infant, with the Consent of Trustees, to grant Leases of some Part of his Estate, notwithstanding his Minority;" and to acquaint this House, that they have agreed to the same, without any Amendment.
V. Boling broke's Attainder, Bill;
The Order being read, for the House to be put into a Committee of the whole House, upon the Bill, intituled, "An Act for the Attainder of Henry Viscount Bolingbroke of High Treason, unless he shall render himself to Justice by a Day certain therein mentioned:"
Protest against rejecting a Question about his being summoned.
And a Motion being made, and the Question being put, "That it be an Instruction to the Committee of the whole House, to whom the said Bill stands committed, that they do inquire into, and report to the House, whether Henry Viscount Bolingbroke hath been summoned, and in what Manner?"
Protest against it.
"1st. Because we cannot give our Consent to the affirming that the Lord to be attainted by this Bill is fled from Justice, being known to have left England before he was impeached in Parliament: Nor does it appear to us, that the Lord so impeached has had any Summons to return; or legal Notice, by Proclamation or otherwise, of the Charge brought up against him.
"2dly, Because no particular Proofs have been laid before this House of any High Treason, or other high Crimes and Midemeanors, with which he stands charged; nor has any Evidence been given to this House, of his achering to the King's Enemies, or being concernedin any traiterous Design, since he left England.
"3dly, Because the Time prescribed for his Return is much slorter than what has been allowed to Persons in like Circumstances of supposed Guilt, though of far neaner Condition and Character: Nor do we know or believe that there is any Instance of any Person whatsoever, who was out of the Kingdom at the Time of his being impeached in Parliament, who ha not had a longer Day assigned for his Return, before he was to stand and be adjudged attainted, or actually incur any other high Pains and Penalties inflicted by Act of Parliament.
"And we think such Allowance of a longer Day, in the Case of Attainders by Parliament, to be so much the more reasonable, as it is agreeable (not only to Parliamentary Usage, but) to the Methods of Common Law, in all Cases of Outlawry, whereby more Months are allowed to the most notorious Traitor (known to be fled from Justice) for his coming in before his Outlawry can be recorded, than this Act allows Weeks to the Lord impeached, for his returning, before his Attainder takes Place.
Message to H. C. that the Lords have passed the Bill.
D. Ormond, Attainder, Bill.
Dutchess of Ormond's Petition to ealarge the Time for his Appearance:
A Petition of the most Noble Mary Dutchess of Ormonde, Wife of his Grace James Duke of Ormonde, was presented to the House, and read; setting forth, That, her Husband the said Duke being beyond Sea, the Uncertainty of finding him out, and the Difficulty of giving him Notice of the Bill depending in this House to attaint him of High Treason unless he renders himself by the Tenth of September next, is so great, that it will be almost impossible for him so to do, in so short a Time;" and praying, "In regard the Estate, the Life, the Honour, of a Peer of Great Britain, and the Welfare of so noble and ancient a Family, is at Stake; that this House will give him a larger Time for rendering himself, that he may have an Opportunity to convince their Lordships and the World of his Innocence, as to the Crimes whereof he is impeached."
Protest against the Bill.
"Geo. Briston. "For the Reasons given against the Bill, intituled, "An Act for the Attainder of Henry Viscount Bolingbroke of High Treason; unless he shall render himself to Justice by a Day certain, therein mentioned."
Message to H. C. that the Lords have agreed to the Bill.
Militia more useful, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee of the whole House, upon the Bill, intituled, "An Act for making the Militia of that Part of Great Britain called England more useful; and for obliging an Annual Accompt to be made of Trophy-money."
Continuing Laws, Bill.
Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for continuing several Laws therein mentioned, relating to Coals, Hemp, and Flax, Irish and Scotch Linen, and the Assize of Bread; and for giving Power to adjourn the Quarter Sessions for the County of Anglesea, for the Purposes therein mentioned:"