House of Lords Journal Volume 20: 27 August 1715

DIE Sabbati, 27 Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill;

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

Annuities, &c. Bill.

With a Bill, intituled, "An Act for raising Nine Hundred and Ten Thousand Pounds, for Public Services, by Sale of Annuities, after the Rate of Five Pounds per Cent. per Ann. redeemable by Parliament; and to authorize a Treaty concerning private Rights claimed by the Proprietors of the Sugar-houses in Scotland;" to which they desire the Concurrence of his House.

The said Bill was read the First Time.

Message from H. C. to return Tanner's Bill.

A Message was brought from the House of Commons, by Sir Edmund Prideaux and others:

To return the Bill, intituled, "An Act for vesting the Estate, late of John Tanner Esquire, deceased, in Trustees, to be sold, for Payment of his Debts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Gravier & al. Nat. Bill.

The Lord Bishop of Salisbury reported from the Committee, to whom the Bill, intituled, "An Act to naturalize Peter Gravier and Theodore Boucher," was committed: "That they had gone through the same, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Milner & al. Sufferers by Fire, for Relief of, Bill:

Hodie 3^a vice lecta est Billa, 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."

Then it was proposed, in Press 1. Line 23. after ["any"], to insert ["Two or more"].

And the same was agreed to.

It was also agreed, in the 25th Line of the same Press, after ["respectively"], to insert ["or by any other lawful Ways or Means"].

And in the 2d Press, Line 37. after ["any"], it was agreed to insert ["Two or more"].

And also in the 3d Press, Line 11. after ["respectively"], it was agreed to insert ["or by any other lawful Ways or Means"].

Then the Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Vernon to be brought to the Bar.

The Order being read, for taking into Consideration the Petition of Richard Vernon, in Custody of the Serjeant at Arms attending this House, on account of a Breach of Privilege, presented to this House on Tuesday last; praying "to be discharged out of the said Custody:"

Ordered, That the said Richard Vernon be brought to the Bar of this House on Monday Morning next, in order to his Discharge.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the Improvement of the Breed of Horses;" to which they desire the Concurrence of this House.

Bill for continuing Laws.

Whereas this Day was appointed, for the House to be in a Committee upon 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 this House shall be put into a Committee on the said Bill, on Tuesday Morning next; and nothing to intervene; and that Counsel for and against the Clause relating to the Power of adjourning the said Quarter Sessions may be heard before the said Committee.

E. of Oxford, further Time to answer.

A Petition of Robert Earl of Oxford and Earl Mortimer, was presented to the House, and read; setting forth, "That, as soon as he had received the Order of this House, he made Application to the Treasury, for Copies of such Papers as their Lordships were pleased to permit him to have from thence; and though he believes the Officers of the Treasury have done their Endeavour to comply with the said Order, yet he could not obtain any of the Papers till Yesterday; and the greatest Part are not yet delivered, which are absolutely necessary, in order to the preparing his Answer to several Articles;" and praying, "In regard the Time given him for that Purpose expiring on Tuesday next, that this House will be pleased to enlarge the Time till Friday or Saturday following."

And thereupon Erasmus Lewis Esquire being called in, and examined, upon Oath, at the Bar, touching the Allegations of the said Petition:

Ordered, That the Time for the Petitoner's putting in his Answer to the said Articles be prolonged till Saturday next.

River Kennet, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making the River Kennet navigable, from Newbury to Reading, in the County of Berks."

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

And the Earl of Clarendon reported from the Committee, "That they had gone through the Bill, and made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received on Monday next.

Loyalty in Scotland, for encouraging, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for encouraging all Superiors, Vassals, Landlords, and Tenants, in Scotland, who do and shall continue in their Duty and Loyalty to His Majesty King George; and for discouraging all Superiors, Vassals, Landlords, and Tenants there, who have been, or shall be, guilty of rebellious Practices against His said Majesty; and for making void all fraudulent Entails, Tailzies, and Conveyances made there, for barring or excluding the Effect of Forfeitures that may have been, or shall be, incurred there on any such Account; as also for calling any suspected Person or Persons, whose Estate or principal Residence is in Scotland, to appear at Edinburgh, or where it shall be judged expedient, to find Bail for their good Behaviour.

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

And the Earl of Clarendon reported from the Committee, "That they had gone through the Bill, and made several Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That, in Consideration of the great Importance of this Bill, and the Necessity there may be of its immediate Use, this House will now proceed further thereupon.

Accordingly his Lordship reported the several Amendments made to the said Bill.

Which were read, and severally agreed to, as follows:

"Pr. 2. Line 1. after ["or"], insert ["has been or"].

"L. 12. after ["shall"], insert ["be"].

"Pr. 4. L. 17. leave out ["pretended Prince"], and insert ["Pretender"].

"Pr. 5. L. 17. After ["Advocate"], insert ["or, in his Absence, His Majesty's Solicitor"].

"L. 31. After ["Advocate"], insert ["or, in his Absence, His Majesty's Solicitor"].

"Pr. 6. L. 1. after ["or"], insert ["wilful"].

"At the End of the Bill, add Clauses marked (A), (B), (C), (D), (E), and (F).

"(A) And, for the better securing the Peace of the Kingdom, be it further Enacted and Ordained, That the respective Lieutenants in that Part of Great Britain called Scotland shall, over and above their Power of commanding the Militia and sencible Men, and constituting Deputy Lieutenants and other Officers, be hereby enabled and authorized, by themselves or any Two or more of their Deputies, to grant Warrants, under their Hands and Seals, appointing such Person or Persons as they shall think fit (of which a Commissioned Officer, and the Constable or his Deputy, or, in the Absence of the Constable and his Deputy, some other Person bearing Office within the Shire or Stewarty where the Search (fn. 1) shall be Two), to search for and seize all Arms, Ammunition, and other Warlike Stores, in the Custody or Possession of any Person or Persons, whom the said Lieutenants, or any Two or more of their Deputies, shall judge dangerous to the Peace of the Kingdom; and to secure such Arms, Ammunition, or other Warlike Stores, for the Public Service; and thereof from Time to Time to give Accounts to the said respective Lieutenants, and, in their Absence or otherwise by their Directions, to their Deputies, or any Two or more of them.

Provided, That no such Search be made in any House or Houses between Sun-setting and Sun-rising, other than in Cities and their Suburbs, Boroughs Royal, Boroughs of Regality and of Barony, where it shall and may be lawful to search in the Night-time, by Warrant as aforesaid, if the Warrant shall so direct: And that no Dwelling-house of any Peer of this Realm be searched by Virtue of this Act, but by immediate Warrant from His Majesty under His Sign Manual, or in the Presence of the Lieutenant, or One of the Deputy Lieutenants, of the same Shire or Stewarty; and that, in all Places and Houses whatsoever where Search is to be made as aforesaid, it shall and may be lawful, in case of Resistance, to enter by Force; and that the Arms so seized may be restored to the former Owners again, if the said Lieutenants, or, in their Absence as aforesaid their Deputies, or any Two or more of them, shall so think fit.

"And be it further Enacted, That all Magistrates and other Officers, within the said Shires or Stewarties, Cities, Boroughs, or Places aforesaid, be, and are hereby, required to be aiding and assisting to the said respective Lieutenants and their Deputies, or any of them, in Execution of the Premises; and that all and every Person and Persons, who shall act or do any Thing in Execution thereof, shall be hereby saved harmless and indemnified.

"(B) Provided also, That, from and after the First Day of October next to come, no Person, being a Peer of this Realm, shall be capable of acting or serving as Lieutenant or Deputy Lieutenant in that Part of Great Britain called Scotland, unless he or they shall first, before Six Lords of His Majesty's Privy Council for the Time being, or such other Persons as shall be authorized by His Majesty by Order in Council to administer the same, take and subscribe the Oaths of Allegiance and Abjuration, and subscribe the Assurance appointed by Law, for Persons having Offices or Places of Trust.

"(C) And that, from and after the said First Day of October, no Person under the Degree of a Peer of this Realm shall be capable of acting as Lieutenant, Deputy Lieutenant, or other Officer, in that Part of Great Britain called Scotland, unless he or they shall first take and subscribe the Oaths and subscribe the Assurance aforesaid: Which Oaths and Assurance any One Justice of the Peace of the respective Shires or Stewarties is hereby enabled to administer; and the said Lieutenant, or any One Justice of the Peace of the respective Shires or Stewarties aforesaid, is enabled to administer to the respective Deputy Lieutenants, not being Peers; and the said respective Lieutenants, and, in their Absence or otherwise by their Directions when they are not absent, their Deputies; or any Two of them, shall and are hereby enabled to administer the said Oaths and Assurance to the said Officers.

"(D) And be it farther Enacted, That such Person or Persons who shall, in Pursuance of this Act, have taken and subscribed the Oaths and subscribed the Assurance aforesaid, shall not be farther obliged to do the same, for the said Matter or Cause, by Virtue of any other Law or Statute: And the said Person or Persons their taking and subscribing the said Oaths, and their subscribing the said Assurance, shall be certified into the next Quarter Sessions of the Peace which shall be held for such Shire or Stewarty, together with the original Subscription or Subscriptions of the same.

"(E) And be it further Enacted, That all and every such Person or Persons, who shall act as Lieutenant, Deputy Lieutenant, or other Officer, after Three Months Neglect to take or subscribe the Oaths or to subscribe the Assurance as aforesaid, shall be liable to all Penalties and Disabilities, as Persons executing Offices or Places of Trust after Three Months Neglect taking and subscribing the Oaths as appointed by Law.

"(F) And be it farther Enacted, by the Authority aforesaid, That, from and after the 10th Day of September next to come, an Act made in the Parliament of England in the First Year of the Reign of the late King William and Queen Mary, intituled, "An Act for the better securing the Government, by disarming Papists and reputed Papists," shall be in Force in that Part of Great Britain called Scotland; excepting only, that, in Lieu of the Declaration mentioned in the said Act, the Oaths of Allegiance and Abjuration shall be taken and subscribed, and the Declaration called The Formula, recited in an Act of the Parliament of Scotland passed in the Year 1700, intituled, "Act for preventing the Growth of Popery," shall be likewise made and subscribed; and also that the Counties, Ridings, or Division, mentioned in the aforesaid Act, shall be construed and understood in Scotland to be Shires or Stewarties: And nothing in the said Act contained shall be construed to establish any Office which is not now in being in Scotland."

Creditors of Lord Holles, Petition for a Bill.

Whereas the Petition of the Creditors of the late Lord Holles, presented to this House the Seventeenth Day of this Instant August, was referred to the Consideration of Mr. Justice Blencowe and Mr. Justice Tracy:

The House being moved, "In regard the said Mr. Justice Blencowe is out of Town, that the Lord Chief Justice of the Court of Common Pleas may be named in his Stead:"

It is Ordered, That the said Lord Chief Justice be appointed to consider of the said Petition, in the room of the said Mr. Justice Blencowe.

Middleton versus Balfour.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Middleton is Appellant, and Colonel John Balfour Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday next, at Eleven a Clock.

Adjourn.

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