House of Lords Journal Volume 20
21 January 1716

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1767-1830

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'House of Lords Journal Volume 20: 21 January 1716', Journal of the House of Lords: volume 20: 1714-1717 (1767-1830), pp. 269-271. URL: http://www.british-history.ac.uk/report.aspx?compid=38511 Date accessed: 21 October 2014.


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DIE Sabbati, 21 Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Epus. Sarum.
Epus. Norwic.
Epus. Gloucestr.
Epus. Asaph.
Epus. Oxon.
Ds. Cowper, Cancellarius.
Comes Nottingham, Præses.
Comes Sunderland, C. P. S.
Dux Devon, Senescallus.
Dux Bolton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Marlborough.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kingston.
Dux Newcastle.
Comes Lincoln.
Comes Dorset.
Comes Salisbury.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Burlington.
Comes Radnor.
Comes Yarmouth.
Comes Abingdon.
Comes Holderness.
Comes Portland.
Comes Warrington.
Comes Rochford.
Comes Grantham.
Comes Godolphin.
Comes Cholmondeley.
Comes Loudoun.
Comes Orkney.
Comes De Loraine.
Comes Strafford.
Comes Carnarvon.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Viscount Townshend.
Viscount Longueville.
Viscount Tadcaster.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Compton.
Ds. Bruce.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Osborne.
Ds. Lumley.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Haversham.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Harborough.
Ds. Carleton.

PRAYERS.

Habeas Corpus Act, to suspend, Bill:

Hodie 3a vice lecta est Billa, "intituled, "An Act for continuing an Act of this present Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"1st, Because some Provisions, which in former Bills of this Nature were thought necessary to prevent unjust Imprisonment, are omitted in this.

"2dly, Because the Manner of continuing the Suspension, by Reference only, deprived this House of the Opportunity freely to debate the several Parts of the Act so continued.

"3dly, Because, by this Bill, the Liberty of the Subject is in greater Danger than if the Act suspended were totally repealed.

"4thly, Because no Provision is made in this Act, for restraining the extravagant Execution of the Powers given to Ministers, who are, like other Men, subject to Passion and Revenge; at whose Will and Pleasure the most dutiful and loyal Subjects may be deprived of their Liberty, and all Conversation with their best Friends and dearest Relations; which may tend to alien from His Majesty their Affections, the best Security against Invasions from Abroad, or Rebellion at Home.

"5thly, Because, though it may be necessary, in this Time of Danger, to continue the Suspension of the said Act, with proper Provisions; yet not for so long a Time as is proposed by this Bill, while the Parliament is like to continue sitting.

"6thly, Because the ancient Rights and Privileges of Parliament, particularly for preventing the Imprisonment of Members of both Houses, are not by this Act sufficiently provided for; which may intimidate the Members from using Freedom of Speech in Parliament, so necessary for advising His Majesty, and for restraining the exorbitant Power of evil Ministers.

"Abingdon."

Message to H. C. that the Lords have agreed to the Bill.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lovibond:

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

L. Widdrington, Leave for Persons to go to him.

Upon reading the Petition of William Lord Widdrington, now Prisoner in The Tower; praying, "In regard he lies under a very great Indisposition of Body, and can neither have the Assistance of a Physician, nor the Comfort of seeing any of his Friends, without the Order of this House, that his Uncle Ralph Widdrington Esquire, Mrs. Mary Crane his near Relation, Nathaniel Piggot Esquire, Henry Eyres Esquire, and Mr. Nevill Ridley, Doctor Rich'd Mead, and Mr. Brierton Lacy Apothecary, may have Liberty, from Time to Time, to have Access to him, during his Consinement:"

It is Ordered, by the Lords Spiritual and Temporal in Parlinment assembled, That the said Ralph Widdrington, Mary Crane, Nathaniel Piggot, Henry Eyres, and Nevill Ridley, have Liberty to have Access to the Petitioner once, severally, at any seasonable Hour, before the next Sitting of the House; and that Doctor Mead and Mr. Lacy may have Access to him, at all seasonable Times.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

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; 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 the House of Peers."

Who being come, with their Speaker;

The Clerk of the Crown read the Title of the Bill following; (videlicet,)

Bill passed.

"An Act for continuing an Act of this present Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

To which the Clerk Assistant, in the Absence of the Clerk of the Parliaments, pronounced the Royal Assent, in these Words; (videlicet,)

"Le Roy le veult."

Then His Majesty spake as follows:

King's Speech, by the Lord Chancellor:

"My Lords, and Gentlemen,

"I have given Direction to my Lord Chancellor, to declare to you, in My Name and Words, the Causes of My coming this Day to Parliament."

Then the Lord Chancellor said;

"My Lords, and Gentlemen,

"I have received His Majesty's Commands, from the Throne, to deliver to you, in His Majesty's Name and Words, the Occasion of His coming this Day to Parliament, besides that of giving the Royal Assent to the Bill that is passed, as follows:

"My Lords, and Gentlemen,

"I had Reason to believe, when I spoke last to you, that the Pretender was landed in Scotland: The Accounts I have received since, do put it beyond all Doubt, that he is heading the Rebellion there, and does assume the Style and Title of King of these Realms: His Adherents do likewise confidently affirm, that Assurances are given them of Support from Abroad. This Parliament hath, on all Occasions, expressed so much Duty to Me, and so true a Regard for the Religious and Civil Rights of My People, that, I am persuaded, this daring Presumption of our Enemies will heighten your just Indignation against them, and beget such further Resolutions as, with the Blessing of God, will enable Me to defeat their Attempts.

"Gentlemen of the House of Commons,

"The most effecutal Way to put a speedy End to these Troubles will be, to make such a Provision as may discourage any Foreign Power from assisting the Rebels: I do therefore hope, that every sincere Protestant and true Briton will look upon the extraordinary Expence, which a timely Preparation may require, to be the best Husbandry; since it will, in all human Probability, prevent that Desolation and those Calamities which would unavoidably ensue, if the Rebellion should be suffered to spread, and be supported by Popish Forces from Abroad.

"My Lords, and Gentlemen,

"The World must be convinced, by all you have already done, that you have nothing but the Honour and Interest of your Country at Heart: And, for My own Part, I rely intirely upon you; and doubt not but you will take such Resolutions at this Juncture, as will be most for the present Safety and future Ease of My People."

Which being ended, His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

And the Lord Chancellor having reported his Majesty's Speech:

Address to be drawn thereon.

Ordered, That an humble Address be presented to His Majesty, "To assure His Majesty, that the landing of the Pretender in this Kingdom hath increased the just Indignation of this House against him and his Adherents; and that this House is fully convinced, that it is not only requisite for the Security, but also for the future Ease and Interest, of His Majesty's Subjects, to exert themselves upon this Occasion in a more than ordinary Manner, to put a speedy End to those Calamities which must attend a lingering Rebellion within the Kingdom, and to prevent its being supported by any Assistance from Abroad; and that this House will, to the utmost of their Power, assist His Majesty, not only in subduing the present Rebellion, but in destroying the Seeds and Causes of it, that the like Disturbances may never arise again, to impair the Blessings of His Majesty's Reign."

Then the Lords following were appointed a Committee, to prepare an Address pursuant thereunto; and report to the House; (videlicet,)

Comes Sunderland, C. P. S.
Dux Devon, Senescallus.
Dux Bolton, Camerarius.
Dux Newcastle.
Comes Dorset.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Warrington.
Comes Godolphin.
Comes Aylesford.
Viscount Townshend.
Viscount (fn. *) Tadcaster.
Epus. Norwic. Ds. Lumley.
Ds. Harborough.
Ds. Carleton.

Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew, to draw the Address.

After some Time, the House was resumed.

And the Lord Lumley reported from the said Committee, an Address drawn by them.

Which was read, and agreed to, as follows:

Address reported.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to assure Your Majesty, that the landing of the Pretender in this Kingdom hath increased our Indignation against him and his Adherents; and that we are fully convinced, that it is not only requisite for the Security, but also for the future Ease and Interest, of Your Majesty's Subjects, to exert themselves on this Occasion in a more than ordinary Manner, to put a speedy End to these present Disorders, and to prevent those Calamities which must attend a lingering Rebellion within the Kingdom, and to discourage its being supported by any Assistance from Abroad; and that we will, to the utmost of our Power, assist Your Majesty, not only in subduing the present Rebellion, but in destroying the Seeds and Causes of it, that the like Disturbances may never arise again, to impair the Blessings of Your Majesty's Reign."

Ordered, That this be the Address to be presented to His Majesty.

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know His Majesty's Pleasure, at what Time He will be attended by this House, with the said Address.

E. of Wintoun's Pet. for longer Time to answer:

A Petition of George Earl of Wintoun, was presented to the House, and read; praying, "That their Lordships will allow him such further Time for putting in his Answer, as their Lordships shall think fit."

Rejected.

Ordered, That the said Petition be rejected.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

* Origin. Tadcastle.