House of Lords Journal Volume 18: 12 March 1706

Die Martis, 12 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Viccary's Bill.

The Lord Bishop of Exeter reported from the Lords Committees, the Bill, intituled, "An Act for the Sale of the Estate of John Viccary deceased, in Rockbear, in the County of Devon, for Payment of his Debts charged thereupon, and for Maintenance of his Widow and Children," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate of John Viccary deceased, in Rockbear, in the County of Devon, for Payment of his Debts charged thereupon, and for Maintenance of his Widow and Children."

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

It was Resolved in the Affirmative.

Ordered, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Message from H. C. for a Conference on the Lords Amendment to the Militia Bill.

A Message was brought from the House of Commons, by Sir Gilbert Dolben and others:

To desire a Conference with this House, upon the Subject-matter of the Amendment made to the Bill, intituled, "An Act for raising the Militia for the Year One Thousand Seven Hundred and Six, notwithstanding the Month's Pay formerly advanced be not re-paid; and for an Accompt to be made of Trophymonies."

To which the House agreed.

Answer.

Then the Commons were called in; and told, "That the Lords agree to a Conference, as desired; and appoint it To-morrow, at One a Clock, in the Painted Chamber."

Bankrupts Bill.

Ordered, That the House shall be put into a Committee, to proceed further on the Bill, intituled, "An Act to prevent Frauds frequently committed by Bankrupts," To-morrow, at Twelve a Clock.

Opie's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making good the last Will of Barbara Opie deceased, by which a Farm called Deane, in the Parishes of Weston and Southwarnborough, in the County of Southampton, is devised to Elizabeth Came and her Heirs, so far as it concerns the said Devise."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday the Seven and Twentieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Address concerning Carolins.

The Earl of Sunderland reported from the Lords Committees, the Address drawn by them, relating to the Province of Carolina.

Which was read, as followeth; (videlicet,)

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to inform Your Majesty, that a Petition from Joseph Boone Merchant, in Behalf of himself and many other Inhabitants of the Province of Carolina, and Merchants of London trading thither, having been presented to this House, complaining of very great Abuses and Oppressions, under which Your Majesty's Subjects in that Province do at present labour, and which tend to the utter Destruction of that Plantation; and particularly of Two Acts lately passed in the Assembly there, the Ratifications of which have been signed and sealed in England by the greater Part of the Proprietors of the said Colony; we thought ourselves obliged to cause the said Acts to be brought before us; and, having, at the Request of the Lord Granville Palatine of the Province, and of the Lord Craven One of the Proprietors, heard Counsel in Defence of the said Acts, and examined Witnesses in relation to that Matter: The House proceeded to enter upon a particular Consideration of the Two Acts; and it appeared to us, that, by the First of the Acts complained of, a Commission, consisting of Twenty Lay-men, was erected, with Power, in an arbitrary Manner, to remove and turn out any Rectors or Ministers of the Church of England from their Benefices, for any Immorality or Imprudence, or for incurable Prejudices, or Dissentions between such Rectors or Ministers and their People, only by delivering a Writing to them, or leaving it at their Houses, or fixing it upon the Church Doors, whereby it should be declared, "That they ceased to be Rectors or Ministers of such Parishes:" The other Act directly asserts, that, by the Law of England, all Members of Parliament are obliged to receive the Sacrament according to the Rites of the Church of England; and does therefore enact, "That no Man, who shall be chosen a Member of the Commons House of Assembly in Carolina, shall be permitted to sit there, who has not received the Sacrament in such Manner within a Year before his Election, unless he will swear he is of the Profession of the Church of England, and did not abstain from the Sacrament out of Dislike to the Manner and Form of the Administration used in the Church of England, and has not for a Year past been in Communion with any Church that does not conform to the Church of England; but, upon such Oath, he shall be qualified to sit as if he had received the Sacrament as prescribed by the Act." The Act does further provide, "That if any Member should refuse to qualify himself as is thereby directed, there should not be a new Election; but he, who had the next Number of Voices to such unqualified Person upon the former Poll, should be the Member in his Place."

"The House, having fully and maturely weighed the Nature of these Two Acts, found themselves obliged in Duty to Your Majesty, and in Justice to Your Subjects in Carolina (who, by the express Words of the Charter of Your Royal Uncle King Charles the Second granted to the Proprietors, are declared to be the Liege People of the Crown of England; and to have Right to all the Liberties, Franchises, and Privileges of Englishmen, as if they were born within this Kingdom; and, who by the Words of the same Charter, are to be subject to no Laws but such as are consonant to Reason, and, as near as may be, agreeable to the Laws and Customs of England) to come to the following Resolutions:

"First, That it is the Opinion of this House, That the Act of the Assembly of Carolina, lately passed there, and since signed and sealed by John Lord Granville Palatine, for himself and for the Lord Carteret and the Lord Craven, and by Sir John Colleton, Four of the Proprietors of that Province, in order to the ratifying of it, intituled, "An Act for the Establishment of Religious Worship in this Province, according to the Church of England, and for the erecting of Churches for the Public Worship of God, and also for the Maintenance of Ministers, and the building convenient Houses for them;" so far forth as the same relates to the establishing a Commission for the displacing the Rectors or Ministers of the Churches there, is not warranted by the Charter granted to the Proprietors of that Colony, as being not consonant to Reason, repugnant to the Laws of this Reaim, and destructive to the Constitution of the Church of England.

"Secondly, That it is the Opinion of this House, That the Act of the Assembly in Carolina, intituled, "An Act for the more effectual Preservation of the Government of this Province, by requiring all Persons, that shall hereafter be chosen Members of the Commons House of Assembly, and sit in the same, to take the Oaths, and subscribe the Declaration, appointed by this Act, and to conform to the Religious Worship in this Province according to the Church of England, to receive the Sacrament of the Lord's Supper according to the Rites and Usage of the said Church," lately passed there, and signed and sealed by John Lord Granville Palatine, for himself and the Lord Craven and also for the Lord Carteret, and by Sir John Colleton, Four of the Proprietors of that Province, in order to the ratifying of it, is founded upon Falsity in Matter of Fact, is repugnant to the Laws of England, contrary to the Charter granted to the Proprietors of that Colony, is an Encouragement to Atheism and Irreligion, is destructive to Trade, and tends to the depopulating and ruining the said Province.

"May it please Your Majesty,

"We, Your Majesty's most dutiful Subjects, having thus humbly presented our Opinion of these Acts; we beseech Your Majesty to use the most effectual Methods to deliver the said Province from the arbitrary Oppressions under which it now lies, and to order the Authors thereof to be prosecuted according to Law.

"At the same Time we represent to Your Majesty how much the Powers given by the Crown have been abused by some of Your Subjects; Justice requires us to acquaint Your Majesty, that it appeared to the House, that some of the Proprietors absolutely refused to join in the Ratification of these Acts.

"We humbly beg Permission to inform Your Majesty, that other great Injustices and Oppressions are complained of in the Petition; but the Nature of the Facts requiring a long Examination, it was not possible for the House to find Time for it so near the Conclusion of the Session: And therefore we presume, with all Duty, to lay the Petition itself before Your Majesty, at the same Time we present this our Address.

"We cannot doubt but Your Majesty, who, from the Beginning of Your Reign, has shewn so great Concern and Tenderness for all Your Subjects, will extend Your Compassion to these distressed People, who have the Misfortune to be at so great a Distance from Your Royal Person, and not so immediately under Your gentle Administration.

"Your Majesty is fully sensible of what great Consequence the Plantations are to the Crown of England, and to the Trade of Your Subjects: And therefore we rest assured, that, as Your Majesty will have them all under Your Royal Care; so, in particular, You will be graciously pleased to find out and prosecute the most effectual Means for the Relief of this Province of Carolina."

After Debate;

The Question was put, "Whether this House shall agree with the Committee in this Address?"

It was Resolved in the Affirmative.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do humbly attend Her Majesty, with the Address of this House agreed to this Day.

Graves' Petition, concerning The Bahama Islands.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of John Graves, relating to The Bahama Islands, and the Memorial this Day read relating thereunto, shall be referred to the Lords Committees that drew the Address reported this Day relating to Carolina; who are to meet To-morrow, at Ten a Clock, to draw an Address, to be presented to Her Majesty, upon the Debate in the House this Day; who are to report to the House, and adjourn as they please.

L. Colerane's Bill.

The Lord Sommers reported from the Lords Committees, the Bill, intituled, "An Act for Sale of Part of the Estate of Henry Lord Colerane, Baron of Colerane in the Kingdom of Ireland; and supplying the Want of Enrolment of a Deed concerning other Part of his Estate," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Henry Lord Colerane, Baron of Colerane in the Kingdom of Ireland; and supplying the Want of Enrollment of a Deed concerning other Part of his Estate."

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

It was Resolved in the Affirmative.

Ordered, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.