BHO

House of Lords Journal Volume 20: 15 July 1717

Pages 543-547

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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Citation:

Table of contents

Die Lunæ, 15 Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Epus. London.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Hereford.
Epus. Gloucestr.
Epus. Oxon.
Epus. Exon.
Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Cleveland.
Dux Grafton.
Dux St. Albans.
Dux Bolton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
Comes Pembroke.
Comes Dorset.
Comes Westmorland.
Comes Manchester.
Comes Peterborow.
Comes Stamford.
Comes Sunderland.
Comes Clarendon.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Scarbrough.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes I'lay.
Comes Orford.
Comes Strafford.
Comes Dartmouth.
Comes Carnarvon.
Comes Bristol.
Viscount Say & Seale.
Viscount Longueville.
Viscount St. John.
Viscount Stanhope.
Ds. Bergavenny.
Ds. Delawar.
Ds. Hunsdon.
Ds. Teynham.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Lumley.
Ds. Guilford.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Belhaven.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Lansdowne.
Ds. Foley.
Ds. Harborough.
Ds. Carleton.
Ds. Coningesby.
Ds. Torrington.
Ds. Cadogan.
Ds. Romney.
Ds. Powlet Bas.

PRAYERS.

Messages from H. C. with an Amendment to the Bill for explaining the Act for registering the Estates of.

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

Papists; and to return Wemys's Bill:

To return the Bill, intituled, "An Act for explaining an Act passed the last Session of Parliament, intituled, An Act to oblige Papists to register their Names and Real Estates; and for enlarging the Time for such registering; and for securing Purchases made by Protestants;" and to acquaint this House, that they have agreed to the same, with an Amendment to One of their Lordships Amendments; to which they desire the Concurrence of this House.

A Message from the House of Commons, by the Earl of Barrymore and others:

To return the Bill, intituled, "An Act to enable Patrick Wemys Esquire to sell certain Houses in Dublin, for Payment of Debts; and for the settling Lands in the County of Kilkenny, or elsewhere, to the same Uses to which the Houses to be sold were settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Act for registering Papists Estates, to explain, Bill.

The Amendment made by the Commons to One of the Amendments made by this House, to the Bill, intituled, "An Act for explaining an Act, passed the last Session of Parliament, intituled, An Act to oblige Papists to register their Names and Real Estates, and for enlarging the Time for such registering; and for securing Purchases made by Protestants," was read, as follows:

"Clause (A.) agreed, with an Amendment, to leave out all from the Word ["therein"] to the End of the Clause."

Then that Part of the Bill agreed by this House to be left out, in the Room whereof Clause (A.) was proposed to be inserted, being also read:

It was proposed, "To agree to the Commons Amendment."

And the Question being put, "Whether to agree to the Amendment made by the Commons to the said Clause?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to their Amendments to it.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Bennet:

To acquaint them, that the Lords have agreed to their Amendment made to One of their Lordships Amendments to the said Bill.

Viscount Stanhope introduced.

James Stanhope Esquire, being, by Letters Patent, dat. 13 Die Julii, 3° Georgii Regis, created Baron Stanhope of Elvaston, in the County of Derby, and Viscount Stanhope of Mahon, in the Island of Minorca, was this Day (in his Robes) introduced, betwen the Lord Viscount Say and Seale and Lord Viscount St. John, also in their Robes; the Gentleman Usher of the Black Rod, and the Earl of Manchester officiating in this Ceremony in the Absence of the Lord Great Chamberlain, and Sir John Vanbrug One of the Three Kings at Arms, preceding.

His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius, Dei Gratia, Magn. Britan. Franciæ, & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo & Consiliario Nostro Jacobo Vicecomiti Stanhope, de Mahon, in Insula Nostra de Minorca, Cancellario & Subthesaurario Scaccarii Nostri, Salutem. Cum Parliamentum Nostrum, pro arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Mag. Britanniæ et Ecclesiæ concernentibus, apud Civitatem Nostram Westm. nunc congregatum existit; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

Teste Meipso, apud Westm. Decimo Tertio Die Julii, Anno Regni Nostri Tertio.

"Wrighte."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench.

Bill of General Pardon delivered and passed:

The Earl of Sunderland, His Majesty's Principal Secretary of State, acquainted the House, "That he had received His Majesty's Commands to offer to their Lordships His Majesty's most Gracious, General, and Free Pardon."

Then the Entry in the Journal, on the 20th of May 1690, on passing a Bill of General Pardon, being read:

Ordered, That the Bill now delivered, intituled, "An Act for the King's most Gracious, General, and Free Pardon," be now read.

Unica vice lecta est Billa, intituled, "An Act for the King's most Gracious, General, and Free Pardon."

The Question was put, "Whether this Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon," shall be humbly accepted and passed?"

It was Resolved in the Affirmative, nemine contradicente.

Memorandum, That all the Lords sat uncovered during the Reading of this Bill, and at the putting the Question; and when they stood up to give their Votes, they continued standing so uncovered, until all the Lords had done voting.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Justice Dormer and Mr. Justice Eyre:

To let them know, that His Majesty hath been pleased to send this Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon," which the Lords have accepted, and passed, nemine contradicente, and now send it down to them.

Mistake in the Journal, concerning the Method of passing the last Bill of General Pardon, to be amended.

Notice was taken, "That, on the 20th Day of April 1709, which was the last Time any Act of General Pardon was passed by this House, there is a Mistake in the Entry made in the Journal upon that Occasion; it being thereby expressed, "That the Lords stood up during the Reading the Act of General Pardon on that Day:"

And the House being thereupon moved, "That the Committee appointed to peruse the Journal may be empowered to rectify the Mistake, and amend the said Journal in that Particular:"

Ordered, That the said Committee be empowered to amend the Entry in the said Journal accordingly.

The House was adjourned during Pleasure.

The House was resumed.

Message from H. C. for a Conference about the Message sent with the Bill of General Pardon:

A Message was brought from the House of Commons, by the Chancellor of the Dutchy of Lancaster and others:

To desire a Conference with this House, upon the Subject-matter of their Lordships Message, with the Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon:"

To which the House agreed.

And the Commons were called in; and told, "That the Lords have taken their Message into Consideration; and agree to a Conference, as is desired; and appoint the same presently, in the Painted Chamber.

Managers:

Then the Lords following were named Managers of the Conference; videlicet,

Ld. Privy Seal.
Ld. Chamberlain.
Duke of Bolton.
Duke of Bucks.
Earl of Stamford.
Earl of Sunderland.
Ld. Visc. Stanhope.
L. Bishop Salisbury.
Ld. Trevor; and
Ld. Carleton.

The House being informed, "That the Commons were ready in the Painted Chamber:"

The Managers Names were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord Privy Seal reported, "That the Lords had been at the Conference; and that the Commons had delivered to them a Paper, containing as follows:

Conference reported.

"The Commons having this Day received a Message from your Lordships, in these Words; "The Lords have accepted and passed a Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon," nemine contradicente; and have sent it down to this House;" have desired this Conference, to acquaint your Lordships, That this Message is not according to the usual Way of transmitting Bills between the Two Houses, for that neither House does acquaint the other by what Number any Bill before them doth pass; and the introducing any Alteration in the usual Method of Proceedings may be of dangerous Consequence."

Ordered, That the Lords abovenamed, Managers of the Conference, be appointed a Committee, to draw Reasons, to be offered to the Commons, at a Conference, upon the Subject-matter of the last Conference.

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings, for that Purpose.

The House was adjourned during Pleasure; and the Committee withdrew accordingly.

The House was resumed.

Message from H. C. to return the General Pardon Bill.

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

To return the Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon" and to acquaint this House, that they have agreed to the same.

Lords Reasons, concerning the Words of their Message, when they sent the Bill to H. C.

The Lord Privy Seal reported from the Committee, appointed to draw Reasons to be offered to the Commons, at a Conference, upon the Subject-matter of the last Conference, "That they had prepared Reasons accordingly, as follow:

"Their Lordships, in order to preserve a good Correspondence with the House of Commons, which they shall always endeavour to do as far as in them lies, have desired this Conference, upon the Subject-matter of the last Conference; and have commanded us to acquaint you, "That their Lordships, upon Perusal of their Journal of the 20th of May 1690, do find, that the like Message was then sent down from the Lords to the Commons, upon the same Occasion, with the Words nemine contradicente, to which the Commons now seem to object; and their Lordships do not find that any Notice was then taken thereof by the Commons, nor at any other Time, although the said Message was sent to the Commons on the said 20th Day of May, and the Bill was not returned till the 23d of the same Month, and the House of Lords continued sitting on the intermediate Days; and the Lords are of Opinion, That, the passing of Bills of this Nature differing so materially in many Circumstances from the Forms of passing other Bills, no Argument can be drawn from those Forms, to support the Objection made by the Commons to the Message sent by the Lords, with the Bill, intituled, "An Act for the King's most Gracious, General, and Free Pardon."

To which the House agreed.

Message to them, for another Conference on the Subject:

And a Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Bennet:

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the last Conference.

The Messengers returned; and acquainted the House, "That the Commons do agree to a present Conference, as desired."

The House being informed, "That the Commons were ready in the Painted Chamber:"

The former Managers Names were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Lord Privy Seal reported, "That the Lords had been at the Conference, and delivered to the Commons what they were commanded."

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present's.

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Speech to His Majesty, presented the several Money Bills to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for redeeming several Funds of the Governor and Company of the Bank of England, pursuant to former Provisos of Redemption; and for securing to them several new Funds and Allowances, redeemable by Parliament; and for obliging them to advance further Sums, not exceeding Two Millions Five Hundred Thousand Pounds, at Five Pounds per Cent. as shall be found necessary to be employed in lessening the National Debts and Incumbrances; and for continuing certain Provisions formerly made for the Expences of His Majesty's Civil Government; and for Payment of Annuities formerly purchased at the Rate of Five Pounds per Centum; and for other Purposes in this Act mentioned."

"2. An Act for redeeming the Yearly Fund of the South Sea Company (being after the Rate of Six Pounds per Centum per Annum); and settling on the said Company a Yearly Fund, after the Rate of Five Pounds per Centum per Annum, redeemable by Parliament; and to raise, for an Annuity or Annuities at Five Pounds per Centum per Annum, any Sum not exceeding Two Millions, to be employed in lessening the National Debts and Incumbrances; and for making the said new Yearly Fund and Annuities to be hereafter redeemable, in the Time and Manner thereby prescribed."

"3. An Act for redeeming the Duties and Revenues, which were settled to pay off Principal and Interest on the Orders made forth on Four Lottery Acts, passed in the Ninth and Tenth Years of Her late Majesty's Reign; and for redeeming certain Annuities, payable on Orders out of the Hereditary Excise, according to a former Act in that Behalf; and for establishing a general Yearly Fund, not only for the future Payment of Annuities, at several Rates, to be payable and transferrable at the Bank of England, and redeemable by Parliament, but also to raise Monies for such Proprietors of the said Orders as shall chuse to be paid their Principal and Arrears of Interest in ready Money; and for making good such other Deficiencies and Payments as in this Act are mentioned; and for taking off the Duties on Linseed imported, and British Linen exported."

To these Bills the Royal Assent was pronounced, severally, in these Words; videlicet,

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"4. An Act for the better collecting and levying the Revenue of the Tenths of the Clergy."

"5. An Act to explain and amend several Laws therein mentioned, for the better Preservation of the Game."

"6. An Act to empower Commissioners in Commissions of Bankrupts, issued since the Four and Twentieth Day of June One Thousand Seven Hundred and Six, and on or before the Six and Twentieth Day of June One Thousand Seven Hundred and Sixteen, to make Certificates for Bankrupts; and the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal, or Two Judges, to confirm the same, notwithstanding the Acts of the Fourth and Fifth and the Fifth of Queen Anne are expired; and for continuing a Clause in a former Act, for adjusting Accompts between Bankrupts and their Debtors."

"7. An Act for the better regulating of Pilots, for the conducting of Ships and Vessels from Dover, Deale, and the Isle of Thanet, up the Rivers of Thames and Medway."

"8. An Act to continue an Act of the First Year of His Majesty's Reign, intituled, An Act for taking and stating the Debts due and growing due to Scotland, by Way of Equivalent, in the Terms of the Union; and for Relief of the Creditors of the Public, and the Commissioners of the Equivalent."

"9. An Act for the better regulating the Office of Sheriffs; and for ascertaining their Fees, and the Fees for sueing out their Patents, and passing their Accompts."

"10. An Act for the better enabling Sheriffs to sue out their Patents, and pass their Accompts."

"11. An Act for continuing the Liberty of exporting Irish Linen Cloth to the British Plantations in America, Duty free; and for the more effectual Discovery of, and prosecuting, such as shall unlawfully export Wool and Woollen Manufactures from Ireland; and for Relief of John Fletcher, in respect of the Duty by him paid for a Quantity of Salt lost in the Exportation for Ireland."

"12. An Act to enlarge the Time for making Claims before the Commissioners appointed to inquire of the forfeited Estates."

"13. An Act to enable His Majesty to appoint Commissioners, to take, examine, state, and determine, the Debts due to the Army."

"14. An Act for explaining an Act, passed the last Session of Parliament, intituled, An Act to oblige Papists to register their Names and Real Estates, and for enlarging the Time for such registering; and for securing Purchases made by Protestants."

"15. An Act for repairing the Highways, from that Part of Counter's Bridge which lies in the Parish of Kensington, in the County of Middlesex, to The Powder Mills in the Road to Staines, and Cranford Bridge, in the said County, in the Road to Colnebrook."

"16. An Act for explaining and making more effectual the Acts of the Fifth and Eighth Years of Her late Majesty Queen Anne, for amending the Road between Hockley, in the County of Bedford, and Stoney Stratford, in the County of Bucks."

"17. An Act for the King's most Gracious, General, and Free Pardon."

To these Bills the Royal Assent was pronounced, severally, in these Words; videlicet,

"Le Roy le veult."

"18. An Act for the Sale of Part of the Duke of Montagu's Estate, for the Intents and Purposes therein mentioned; and for settling other Estates, in Lieu thereof, to the same Uses."

"19. An Act to enable Richard Earl of Scarbrough to take in Great Britain the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Office."

"20. An Act to enable His Majesty to make Provision for the respective Wives and Children of James late Earl of Southeske, James late Lord Drummond, the late Sir Hugh Paterson of Bannockburn, and James Stirling late of Keir."

"21. An Act to enable His Majesty to make such Provision for, and Settlement upon, Margaret the Wife of James late Earl of Panmure, as she would have been entitled to in case her said Husband was naturally dead."

"22. An Act to enable His Majesty to make Provision for Margaret Lady Nairn and her Children, out of her Paternal Estate, forfeited during the Life of William Murray late Lord Nairn, her Husband."

"23. An Act for raising and paying the Lady Amelia Butler's Portion, out of Lands in Ireland."

"24. An Act for confirming a Partition made between Robert Dashwood Esquire and Cholmley Turner Esquire, of certain Manors, Lands, and Hereditaments, in the County of Oxon."

"25. An Act for confirming an Agreement made between John Wind Clerk, Vicar of Thirkleby, in the County of York, and Sir Thomas Frankland Baronet, for Exchange of the Vicarage-house and certain Lands therein mentioned."

"26. An Act for the Sale of the Estate of Thomas Middleton Esquire, deceased, for the more speedy raising of Maintenance-money and Portions for his Daughters; and for the other Purposes in the Bill mentioned."

"27. An Act to enable Edward Rolt Esquire to exchange a certain Parcel of Woodlands, in the County of Hertford, with John Boteler Esquire, for other Woodlands, of equal Value, in the said County; and for settling the same respectively as therein mentioned."

"28. An Act for vesting an Estate, at Corsham in Wiltshire, in the surviving Trustee and Executor of the last Will of Henry Frederick Thynne Esquire, deceased, and his Heirs, to make Sale thereof, for the Execution of the Trusts created by his Will."

"29. An Act to enable Roger Stafford Esquire and his Issue Male to change their Surname to Wollocombe, according to the Will of Roger Wollocombe Esquire, deceased."

"30. An Act for Sale of the Estate of John Stone the Elder and John Stone the Younger, in the County of Sussex, for discharging the Incumbrances thereon, in respect of the Infancy of One of the Coheirs of John Stone the Younger; and for securing the Residue of the Money as therein is mentioned."

"31. An Act to enable William Newman Esquire to sell Part of the Estate included in his Marriage Settlement, for Payment of Debts; and to settle another Estate in Lieu thereof."

"32. An Act for vesting in Trustees the Estate of Thomas Richmond Esquire, deceased, in the County of Essex, to be sold, for Payment of his Debts, Legacies, and Funeral Expences, according to the Will of the said Thomas Richmond."

"33. An Act, declaring the Uses of Two several Fines, levied by John Cuffe Esquire and Margaret his Wife, to Joseph Kelly Esquire, deceased, and Maurice Cuffe Esquire, and the Heirs of the said Joseph Kelly, of certain Lands and Tithes, in the Counties of Down and Cavan, in the Kingdom of Ireland."

"34. An Act to enable Patrick Wemys Esquire to sell certain Houses in Dublin, for Payment of Debts; and for the settling Lands in the County of Kilkenny, and elsewhere, to the same Uses to which the Houses to be sold were settled."

"35. An Act to naturalize John Jacob Heldt, Theodore Van Rheden, and others."

To these Bills the Royal Assent was also pronounced, in the Words following; videlicet,

"Soit fait comme il est desiré."

Then, the Lord Chancellor having received a Paper from His Majesty, and being returned to his former Place, His Majesty spake as follows:

"My Lords, and Gentlemen,

"I have given Direction to my Lord Chancellor, to deliver to you what I think proper to be said on this Occasion, in My own Name and Words."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"I have received His Majesty's Commands from the Throne, to deliver to you what His Majesty thinks fit to be said upon this Occasion, in His Majesty's own Name and Words, as follows;

His Majesty's Speech.

"My Lords, and Gentlemen,

"I cannot put an End to this Session, without expressing My Thanks to you, for the Dispatch you have given to the Public Business; and declaring the Satisfaction I promise Myself, in meeting you again early the next Winter, with the same good Dispositions for the Service of your Country. The Measures we have taken in this Parliament have, by the Blessing of Almighty God, effectually defeated all the Attempts of our Enemies, both at Home and Abroad; and, as the Principles on which these Measures are founded are equally conducive to the supporting the just Rights of the Crown, and the Liberties of the People, I shall always persevere in them Myself, and distinguish those who adhere to them with the same Steadiness and Resolution.

"Gentlemen of the House of Commons,

"I thank you in the most affectionate Manner for the Supplies you have granted Me, and for that Constancy and Zeal which you have shewn in reducing our National Debts, notwithstanding the many Incidents and Obstructions you have met with in the carrying on of that great Work: As you have furnished Me with the Means of disappointing any Designs of a Foreign Enemy against these My Kingdoms, so I cannot but ascribe in a great Measure the happy Prospect of our Affairs Abroad to that public Spirit which has appeared in your Proceedings, and has convinced the World that no Insinuations or Artifices can divert you from your Duty to your Sovereign, and a disinterested Regard to your Fellow Subjects.

"My Lords, and Gentlemen,

"It is with great Pleasure that I see the Tranquillity of the Nation so well established, as to admit of an Act of Grace; which I have long desired a fit Opportunity to grant. I hope that such as shall by this Means be restored to the Enjoyment of Security, and the Protection of those Laws against which they have offended, will have a due Sense of this My Indulgence; and give Me the most acceptable Return they can possibly make Me, that of becoming Friends, instead of Enemies, to their Country."

Which being ended;

The Lord Chancellor said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Monday the Twelfth Day of August next, to be then here held: And this Parliament is accordingly prorogued to Monday the Twelfth Day of August next."