House of Lords Journal Volume 20: 18 August 1715

DIE Jovis, 18 Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Thomas Johnson and others:

With a Bill, intituled, "An Act for building and endowing a Church upon the Scite of the Castle of Liverpole, held by a Lease from the Dutchy of Lancaster; and for explaining a former Act for the building another Church there;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Mr. Lowther and others:

With a Bill, intituled, "An Act for the Relief of Anne Milner, Thomas Colemore, William Hunt, William Parrott and others, as to Customs of Goods burnt or destroyed by the late Fire in Thames Street, London; to which they desire the Concurrence of this House.

E. Rochester and V. Mountjoy's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Earl of Rochester, and William Lord Viscount Mountjoy in the Kingdom of Ireland, to take the Oaths of Office for their respective Offices in the said Kingdom of Ireland; and to qualify themselves in England for the legal Enjoyment of their said Offices."

Masson, Pet. for Naturalization, Bill:

A Petition of Francis Masson, Son of John Masson by Michal his Wife, born at Dompiere in the Diocese of Nayon in France, professing the Protestant Religion, was presented to the House, and read; praying to be added to the Bill for naturalizing Robert de Vlieger and others.

Ordered, That the said Petition do lie on the Table, till the Bill be read a Second Time.

Messages from H. C. to return Sir W. Courtenay's Bill; and Lee's Bill.

A Message was brought from the House of Commons, by Mr. Cater and others:

To return the Bill, intituled, "An Act for vesting certain Manors and Lands in the Counties of Devon and Kent, the Estate of Sir William Courtenay Baronet, in Trustees and their Heirs, to be sold; and, with the Monies arising thereby to purchase other Lands in the County of Devon, contiguous to the Seat of the Family, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message was brought from the House of Commons, by Mr. Yonge and others:

To return the Bill, intituled, "An Act to enable Richard Lee, an Infant, with the Consent of Trustees, to grant Leases of some Part of his Estate, notwithstanding his Minority;" and to acquaint this House, that they have agreed to the same, without any Amendment.

V. Boling broke's Attainder, Bill;

The Order being read, for the House to be put into a Committee of the whole House, upon the Bill, intituled, "An Act for the Attainder of Henry Viscount Bolingbroke of High Treason, unless he shall render himself to Justice by a Day certain therein mentioned:"

Protest against rejecting a Question about his being summoned.

And a Motion being made, and the Question being put, "That it be an Instruction to the Committee of the whole House, to whom the said Bill stands committed, that they do inquire into, and report to the House, whether Henry Viscount Bolingbroke hath been summoned, and in what Manner?"

It was Resolved in the Negative.

Dissentient,

Abingdon. Fran. Cestriens.
Bathurst. Scarsdale.
Willoughay de Broks.
Ashburnham. Compton.
Weston. Foley.
Masham.
Lansdowne. Strafford.
Clarendon.
"Fr. Roffen."

Then the House (according to Order) was adjourned during Pleasure, and put into a Committee upon the said Bill.

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

And the Lord Delawar reported from the Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That, for the Safety of His Majesty's Person and Government, this House will proceed further this Day upon the said Bill.

Then the Bill was accordingly read the Third Time.

Bill passed.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient,

"1st. Because we cannot give our Consent to the affirming that the Lord to be attainted by this Bill is fled from Justice, being known to have left England before he was impeached in Parliament: Nor does it appear to us, that the Lord so impeached has had any Summons to return; or legal Notice, by Proclamation or otherwise, of the Charge brought up against him.

"2dly, Because no particular Proofs have been laid before this House of any High Treason, or other high Crimes and Midemeanors, with which he stands charged; nor has any Evidence been given to this House, of his achering to the King's Enemies, or being concernedin any traiterous Design, since he left England.

"3dly, Because the Time prescribed for his Return is much slorter than what has been allowed to Persons in like Circumstances of supposed Guilt, though of far neaner Condition and Character: Nor do we know or believe that there is any Instance of any Person whatsoever, who was out of the Kingdom at the Time of his being impeached in Parliament, who ha not had a longer Day assigned for his Return, before he was to stand and be adjudged attainted, or actually incur any other high Pains and Penalties inflicted by Act of Parliament.

"And we think such Allowance of a longer Day, in the Case of Attainders by Parliament, to be so much the more reasonable, as it is agreeable (not only to Parliamentary Usage, but) to the Methods of Common Law, in all Cases of Outlawry, whereby more Months are allowed to the most notorious Traitor (known to be fled from Justice) for his coming in before his Outlawry can be recorded, than this Act allows Weeks to the Lord impeached, for his returning, before his Attainder takes Place.

Fran. Cestriens.
Abingdon.
Scarsdale.
Bathurst.
Willoughby de Broke.
Compton. Ashburnham.
Foley. Weston.
Jersey. Masham.
"Strafford.
Lansdowne.
Clarendon.
Fr. Roffen."

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

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Browning:

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

D. Ormond, Attainder, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Attainder of James Duke of Ormonde of High Treason, unless he shall render himself to Justice by a Day certain therein mentioned."

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

Dutchess of Ormond's Petition to ealarge the Time for his Appearance:

A Petition of the most Noble Mary Dutchess of Ormonde, Wife of his Grace James Duke of Ormonde, was presented to the House, and read; setting forth, That, her Husband the said Duke being beyond Sea, the Uncertainty of finding him out, and the Difficulty of giving him Notice of the Bill depending in this House to attaint him of High Treason unless he renders himself by the Tenth of September next, is so great, that it will be almost impossible for him so to do, in so short a Time;" and praying, "In regard the Estate, the Life, the Honour, of a Peer of Great Britain, and the Welfare of so noble and ancient a Family, is at Stake; that this House will give him a larger Time for rendering himself, that he may have an Opportunity to convince their Lordships and the World of his Innocence, as to the Crimes whereof he is impeached."

And the Statute of 17° Car. II ^di, for attainting Thomas Doleman, Joseph Bampfield, and Thomas Scot, of High Treason, if they render not themselves by a Day, being read;

And Debate touching the said Dutchess's Request;

Ordered, That the said Petition do lie on the Table.

Ordered, That, for the Safety of His Majesty's Person and Government, this House will proceed further this Day upon the abovementioned Bill.

Ordered, That the House be now put into a Committee of the whole House, upon the said Bill.

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

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

And the Lord Haversham reported from the Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Then the Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Protest against the Bill.

"Dissentient.

"Geo. Briston. "For the Reasons given against the Bill, intituled, "An Act for the Attainder of Henry Viscount Bolingbroke of High Treason; unless he shall render himself to Justice by a Day certain, therein mentioned."

"Scarsdale. Abingdon.
"Willoughby de Broke. Bathurst.
"Compton.
"Foley. Ashburnham.
"Geo. Bath & Well. Weston.
"Fr. Roffen. Masham.
"Fran. Cestriens. Lansdowne.
"Strafford. Clarendon."

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

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Browning:

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

Militia more useful, 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 making the Militia of that Part of Great Britain called England more useful; and for obliging an Annual Accompt to be made of Trophy-money."

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

And the Lord Carteret reported from the Committee, That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Continuing Laws, Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for continuing several Laws therein mentioned, relating to Coals, Hemp, and Flax, Irish and Scotch Linen, and the Assize of Bread; and for giving Power to adjourn the Quarter Sessions for the County of Anglesea, for the Purposes therein mentioned:"

It is Ordered, That the said Bill be read a Second Time To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.