House of Lords Journal Volume 20: 10 July 1717

DIE Mercurii, 10 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irish Linen, Bill:

Hodie 3^a vice lecta est Billa, intituled, "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."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Meller:

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

Messages from H.C. with Bills; and to return Newman's Bill.

A Message from the House of Commons, by the Lord William Powlet and others:

With a Bill, intituled, "An Act to enlarge the Time for making Claims before the Commissioners appointed to inquire of the forfeited Estates;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to enable His Majesty to appoint Commissioners, to take, examine, state, and determine, the Debts due to the Army;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Claims, forfeited Estates, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enlarge the Time for making Claims before the Commissioners appointed to inquire of the forfeited Estates."

Commissioners Debts, Army, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable His Majesty to appoint Commissioners, to take, examine, state, and determine, the Debts due to the Army."

Act for registering Papists Estates, Bill to explain.

The Order of the Day being read, for the receiving the Report of the Amendments made by the Committee of the whole 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:"

It was moved, "That the Lord Chief Justice of the Court of Common Pleas be forthwith sent for, to attend the House."

And the same being objected to:

The Question was put, "Whether the said Lord Chief Justice shall be now sent for, to attend the Service of this House?"

It was Resolved in the Negative.

Then the Earl of Clarendon reported the several Amendments made by the Committee to the said Bill, as follows:

"Press 2. Line 24. Leave out ["Seventeen"], to ["and"], in the 35th Line of the 3d Press; and insert Clause marked (A)."

"Clause (A). And be it further Enacted, by the Authority aforesaid, That no Action or Suit, for any Penalty or Forfeiture contained in this or the said former Act, for wilfully neglecting or refusing to register, or for committing Fraud in such Registry, shall be commenced or brought, after Two Years after the Offence committed, against any Person offending therein, who shall, before the Commencement of such Action or Suit, have duly registered, according to the Purport of this and the said former Act; which Registry such Person is hereby authorized to make, notwithstanding the Time prescribed by the said Statutes, or either of them, for making such Registry, be elapsed; and that every Person offending in any of the Matters aforesaid shall be liable to be sued or prosecuted for such Offence, at any Time before such Registry made, this or any other Law or Statute to the contrary notwithstanding."

"Pr. 4. L. 6. Leave out from ["Act"] to ["and"], in the 28th Line of the same Press.

"Pr. 5. L. 22. Leave out the Word ["openly"].

"L. 25. After ["Incapacity"], insert ["and have entered such Claim in open Court, at the General Session of the Peace, for the County, City, Riding, or Division, wherein such Manors, Messuages, Lands, Tenements, or Hereditaments, lie or arise"].

"L. 29. Leave out from ["notwithstanding"], to the End of the Bill; and insert Clauses marked (B) and (C)."

"Clause (B). Provided nevertheless, That whereas it was, amongst other Things, enacted by the said Act of Parliament, made in the Eleventh and Twelfth Years of the Reign of the late King William the Third, That, from and after the Tenth Day of April which should be in the Year of our Lord One Thousand Seven Hundred, every Papist or Person making Profession of the Popish Religon should be disabled; and was thereby made incapable to purchase, either in his or her own Name, or in the Name of any other Person or Persons to his or her Use, or in Trust for him or her, any Manors, Lands, Profits out of Lands, Tenements, Rents, Terms, or Hereditaments, within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed; and that all and singular Estates, Terms, and any other Interests or Profits whatsoever, out of Lands, from and after the said Tenth Day of April, to be made, suffered, or done, to or for the Use or Behoof of any such Person or Persons, or upon any Trust or Confidence mediately or immediately to or for the Benefit or Relief of any such Person or Persons, should be utterly void, and of no Effect, to all Intents, Constructions, and Purposes whatsoever: It is hereby Declared and Enacted, That the said recited Part of the said Act of Parliament shall not be hereby altered or repealed; but the same shall be and remain in full Force, as if this Act had never been made.

"Clause (C). And be it further Enacted, by the Authority aforesaid, That, from and after the Twentyninth Day of September in the Year of Our Lord One Thousand Seven Hundred and Seventeen, no Manors, Lands, Tenements, Hereditaments, or any Interest therein, or Rent or Profit thereout, shall pass, alter, or change, from any Papist, or Person professing the Popish Religion, by any Deed or Will, except such Deed within Six Months after the Date, and such Will within Six Months after the Death of the Testator, be enrolled in One of the King's Courts of Record at Westminster, or else within the same County or Counties wherein the Manors, Lands, and Tenements lie, by the Custos Rotulorum, and Two Justices of the Peace, and Clerk of the Peace, of the same County or Counties, or Two of them at the least, whereof the Clerk of the Peace to be One."

"To the Title of the Bill, at the End thereof add ["and for securing Purchases made by Protestants"].

And the said Amendments, being read Twice by the Clerk, except the Amendment to the Title of the Bill, were severally agreed to.

Then a Clause was offered, to be made Part of the Bill, to punish Protestants who shall act as Trustees for Papists, concerning their Estates, which shall not be duly registered.

And the same was read.

And it being proposed, "That the said Clause be read a Second Time:"

The same was objected to.

And the Question being put, "Whether this Clause shall be read a Second Time?"

It was Resolved in the Negative.

Then the Amendment to the Title of the Bill was read a Second Time, and agreed to.

King's Answer to Address, Parliament office.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of the Fourth Instant, concerning the Repairs of the Tower, or Building, called The Parliamentoffice, where the Records of Parliament are deposited; and that His Majesty had been pleased to give Directions accordingly."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamenttum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.