House of Lords Journal Volume 20: 3 April 1717

DIE Mercurii, 3 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax, Bill.

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

With a 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 Seventeen;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Wemys' Pet. referred to Judges.

Upon reading the Petition of Patrick Wemys Esquire; praying, "That Leave may be given to bring in a Bill, to enable him to dispose of so many of his Houses and Premises standing in the City and County of the City of Dublin, the Rents whereof do not exceed Two Hundred and Fifty Pounds per Annum, thereby to raise Money, to pay off and discharge several Debts in the Petition mentioned, and for other Purposes therein expressed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Price; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Liverpool Dock, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Time granted by an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making a convenient Dock, or Bason, at Liverpoole, for Security of all Ships trading to and from the said Port of Liverpoole."

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

Riot at Oxford:

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider of the Papers laid before the House relating to the Riots at Oxford.

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

And the Earl of Clarendon reported from the said Committee, "That they had considered the Matter to them referred, and were come to the following Resolutions; videlicet,

Resolutions concerning it:

"That it is the Opinion of this Committee, That the Lords of the Committee of Council, to whom the Papers relating to the Riots at Oxford were referred, had sufficient Grounds to come to the Resolution reported to his Royal Highness the Prince; videlicet, "That the Heads of the University and Mayor of the City neglected to make any public Rejoicings on the Prince's Birth Day; but some of the Collegiates, with the Officers, being met to celebrate the said Day, the House where they were was assaulted, and the Windows were broken, by the Rabble; which was the Beginning and Occasion of the Riots that ensued, as well from the Soldiers, as the Scholars and Townsmen; and that the Conduct of the Major seems well justified by the Affidavits produced on his Part."

"That it is the Opinion of this Committee, That the printing and publishing the Depositions upon which the Complaint relating to the Riots at Oxford were founded, while that Matter was under the Examination of the Lords of the Committee of Council, and before they had Time to come to any Resolution, was irregular, disrespectful to his Royal Highness the Prince, and tending to Sedition."

The said Resolutions were read by the Clerk.

And the First Resolution being again read;

A Petition of the Vice Chancellor of the University and the Mayor of the City of Oxford, in Behalf of themselves and several other Justices of Peace of the said City, in relation to the Matters in Question, was offered to the House.

And it being proposed, "That the said First Resolution be re-committed:"

After Debate;

The Question was put, "Whether the said Resolution shall be re-committed:"

It was Resolved in the Negative.

Then the Question was put, "Whether to agree with the Committee in the said Resolution?"

It was Resolved in the Affirmative.

Protest against the First:

"Dissentient.

"1. Because, by this Resolution, the Heads of all the Colleges and Halls within the University of Oxford stand censured, as we apprehend, for Disrespect and Want of Duty to his Royal Highness the Prince, in neglecting to make public Rejoicings on his Birthday; whereas it sufficiently appeared to us, that no public Rejoicings had ever been made before that Time, within the said University, on the Birth-day of any Heir Apparent to the Crown, or even of the Sovereign; except only on the Twenty-ninth of May, set apart by Act of Parliament perpetually to be observed as a Day of public Thanksgiving.

"And there seems the less Reason, in our Opinion, for laying so heavy a Charge on the Heads of those learned Societies, inasmuch as they have not been allowed any Opportunity of being heard thereto, nor even knew themselves to be any Ways accused in that Particular.

"2. Because the Proceedings of the Major, as we conceive, are not to be justified by Law, if the Affidavits which were sent to make good the Complaints against the Major and Soldiers be considered, as well as those Affidavits which were produced on the Major's Part; there being several Enormities charged, as well on the Major as on the Soldiers under his Command, by the former Affidavits, no way answered by the latter; or so much as denied by the Major himself in any of his own Affidavits or Letters.

"3. Because, we conceive, the Matter of Fact, relating to breaking the Windows of the Room wherein the Major and others were with Stones, from Hurst's the Ironmonger's House, has not been sufficiently examined into, for Want of giving an Opportunity to the Complainants of replying to the Affidavits relating to that Matter: And supposing the Truth of that Fact had unquestionably appeared upon a full Examination; yet it cannot be pretended to be a legal Justification of the Major for inciting or suffering the Soldiers under his Command, to go through the City, insulting the Magistrates, and breaking the Windows of many Citizens, who are not pretended to have given the least Offence to them.

"4. Because the Officers and Soldiers of the Army may take Occasion, from this Resolution, to think themselves exempt from the Civil Power in Criminal Cases; and be induced thereby to contemn and resist the Authority of the Civil Magistrate, to which they are in such Cases as liable as any other of His Majesty's Subjects.

"5. Because the Civil Officers and Magistrates may probably be discouraged, by this Resolution, from doing their Duty on such Occasions; and His Majesty's Subjects be deterred from making their just Complaints, in an humble and dutiful Manner, of any Oppressions which they have suffered, or may suffer, from any Officers or Soldiers in the Army.

"W. Ebor.
Buckingham.
"Northampton.
"North & Grey. Bristol.
"Litchfield.
"Willoughby Broke. Dartmouth.
"Compton. Say & Seale.
"Fr. Roffen. Montjoy.
"Berkeley of Stratton.
"Bruce. Foley.
"Boyle.
"Weston. Guilford.
"Fran. Cestriens.
"Geo. Bristol.
"Abingdon. Ashburnham.
"Mansel. Joh. London.
"Harcourt. Trevor. P. Hereford."

The other Resolution being also read a Second Time;

Ordered, That this House agrees with the Committee in the said Resolution.

Papers to be printed.

Ordered, That the several Papers laid before the House, relating to the Riots at Oxford on his Royal Highness the Prince's Birth-day, with the Resolutions of this House thereupon, be forthwith printed and published.

Craig, to enter into Recognizance for Sir John Schaw;

The House being moved, "That Mr. James Craig may be allowed to enter into a Recognizance for Sir John Schaw Baronet, on his Appeal depending in this House; his Residence being in Scotland, where his Affairs oblige him to continue:"

It is Ordered, That the said Mr. Craig may enter into a Recognizance for the said Sir John Schaw, as desired.

and Cochran for Cochran.

The like Order for John Cochran Esquire to enter into a Recognizance for William Cochran, for the same Reason.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.