House of Lords Journal Volume 20
13 February 1716

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 20: 13 February 1716', Journal of the House of Lords: volume 20: 1714-1717 (1767-1830), pp. 290-291. URL: http://www.british-history.ac.uk/report.aspx?compid=38529 Date accessed: 21 October 2014.


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DIE Lunæ, 13 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Epus. Lich. & Cov.
Epus. Sarum.
Epus. Hereford.
Epus. Cestrien.
Epus. Gloucestr.
Epus. Asaph.
Ds. Cowper, Cancellarius.
Comes Nottingham, Præses.
Comes Sunderland, C. P. S.
Dux Devon, Senescallus.
Dux Bolton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster, Magnus Camerarius.
Dux Kingston.
Dux Newcastle.
March. Annandale.
Comes Derby.
Comes Lincoln.
Comes Dorset.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Anglesey.
Comes Burlington.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Orford.
Comes Grantham.
Comes Cholmondeley.
Comes Loudoun.
Comes Orkney.
Comes I'lay.
Comes Strafford.
Comes Dartmouth.
Comes Carnarvon.
Comes Rockingham.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Viscount Lonsdale.
Viscount Tadcaster.
Ds. Willoughby Er.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. Compton.
Ds. Bruce.
Ds. Colepeper.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Lumley.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Saunderson.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham.

PRAYERS.

Pursell discharged.

John Pursell, in Custody of the Gentleman Usher of the Black Rod, for causing Timothy Holdaway, a menial Servant to the Earl of Portland, to be arrested, contrary to the Privilege of Parliament, was this Day (according to Order) brought to the Bar; and there, on his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody (paying his Fees).

Moor, a Bailiff, to be attached.

Then Complaint was made to the House, "That Thomas Moor arrested the said Timothy Holdaway, menial Servant to the said Earl of Portland, and uttered very unmannerly Expressions against his Lordship;" and Oath being made thereof at the Bar:

It is Ordered, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Body of the said Thomas Moor, and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Oldes, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Land Tax 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 granting an Aid to His Majesty, by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixteen."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the several Enacting Clauses in the Bill, and agreed to the same; having first postponed the Title and Preamble, as usual; which Preamble the Committee observing to be very extraordinary, had directed him to make special Report thereof to the House."

And the said Preamble being read:

The Instruction following was agreed by the House to be given to the said Committee; (videlicet,)

Declaration concerning Assertions in the Preamble, contrary to Rules and Methods of Parliament.

"Although the Preamble to the said Bill contains several Assertions of Facts different from the Matter of the said Bill, and which may possibly hereafter fall under the Consideration of this House in their Judicial Capacity; yet nevertheless their Lordships, being extremely sensible of the very great and public Inconvenience which would ensue, if the necessary Supply of Money, for which the said Bill provides, should be delayed, have therefore, out of Zeal for His Majesty's Service and the public Good, thought fit to instruct, and do hereby order, That it be an Instruction to the Committee of the whole House, to agree to the said Preamble, without any Amendment."

And then the following Declaration was agreed to by the House; (videlicet,)

"But, to prevent any ill Consequences from such a Precedent for the future, they have thought fit to declare solemnly, and to enter upon their Books for a Record to all Posterity, That they will not hereafter admit, upon any Occasion whatsoever, of a Proceeding so contrary to the Rules and Methods of Parliament; and as to the said Assertions in the Preamble to the said Bill, their Lordships do further declare, That they will not in any Manner hold themselves concluded by any of the said Assertions, in any Judicial Proceeding or Debate whatsoever; and are of Opinion, that no Argument drawn from any such Assertion only, without due Proof; ought to be of any Force or Validity upon any Occasion beforementioned."

Ordered, That such Lords of this House as think fit may sign the said Declaration in the Journal at any Time during this Session of Parliament.

Then the House was adjourned during Pleasure, and put into a Committee again upon the said Bill.

And, after some further Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had, pursuant to the Instruction of the House beforementioned, agreed to the said Preamble; and also that the Committee had agreed to the whole Bill, without any Amendment."

Ordered, That the said Bill be read the Third Time To-morrow Morning.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.