House of Lords Journal Volume 18: 3 December 1705

DIE Lunæ, 3 Decembris.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Thomas Cave's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Cave, of Stanford, in the County of Leicester, Baronet, to sell certain Lands, in Eydon, Moreton Pinckney, and Cannons Ashby, in the County of Northampton, to raise Money, to pay his Brothers and Sisters Portions; and settle other Lands, in the said County of Northampton, of like Value, to the same Uses."

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 Tuesday the Eighteenth Day of this Instant December, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Crome's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Valentine Crome, of Mayden Early, in the County of Berks, Gentleman, in Trustees, to be sold, for Payment of his Father's Debts, and making a Provision for himself and Brother."

Ordered, That the Consideration of the said Bill be committed to the Lords Committees abovenamed.

Their Lordships, or any Five of them; to meet on Wednesday the Nineteenth Day of this Instant December, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lord Howe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Scroope Lord Viscount Howe in the Kingdom of Ireland to make a certain Provision for his Daughters by his First Wife; that which was intended being, as expressed in the Marriage Settlement, uncertain and contingent."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees aforenamed.

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

Vanhoven versus Giesque:

Upon reading the Petition of Mathias Giesque, Respondent to the Appeal of Isaac Vanhoven; setting forth, "That Wednesday next is appointed, for hearing the Cause upon the said Appeal; but in regard he cannot possibly instruct his Counsel so as to be then ready; and praying further Time for hearing the said Cause:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, of this House, on Tuesday the Eleventh Day of this Instant December, at Eleven a Clock.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Godfrey Copley and others:

Who brought up a Bill, intituled, "An Act for naturalizing Peter Silvestre Doctor of Physic;" to which they desire the Concurrence of this House.

Silvester's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Silvestre, Doctor of Physic."

E. of Greenwich introduced;

John Duke of Argyle of the Kingdom of Scotland, being, by Letters Patents, dated the Six and Twentieth Day of November, Anno Regni Annæ Reginæ Quarto, created Earl of Greenwich, was, in his Robes, introduced between the Earl Rivers and the Earl of Kingston (also in their Robes), and preceded by the Deputy Gentleman Usher of the Black Rod, Garter King at Arms, and the Duke of Northumberland executing the Office of Lord Great Chamberlain.

His Lordship presented his Patent to the Lord Keeper, on his Knee, at the Woolsack; who delivered it to the Clerk; and being read at the Table, as also his Writ of Summons; which Writ is as follows; (videlicet,)

His Writ of Summons.

"Anna, Dei Gratia, Angl. Scociæ, Franciæ, et Hib'niæ Regina, Fidei Defensor, &c. Charissimo Consanguineo Nostro Johanni Comiti Greenwich, Salutem. Cum nuper, de Avisamento et Affensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Angl. et Ecclesiæ Anglicanæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Decimo Quarto Die Junii ult. præterit. teneri ordinavimus; et ibidem, cum Prælatis. Magnatibus, et Proceribus dicti Regni Nostri Colloquium habere et Tractatum: Quod quidem Parliamentum Nostrum abinde, per separales Prorogationes, usque ad (fn. 1) et in Vicesimum Quintum Diem Octobris tunc prox. sequen. prorogatum fuerat: Vobis, sub Fide et Ligeantia quibus (fn. 2) Nobis tenemini, firmiter injungend. mandamus, quod, consideratis dictorum Negotiorum Arduitate, et Periculis incumbentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus et Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur. Et hoc sicut Nos, et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipsa, apud Westm. Vicesimo Septimo Die Novembris, Anno Regni Nostri Quarto.

"Wrighte."

His Lordship took his Place accordingly; and then came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Burnet's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing William Burnet Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Pitt:

To carry down the said Bill, and desire their Concurrence thereunto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Queen present.

Her Majesty, being arrayed in Her Regal Robes and Crown, attended with Her Officers of State, ascended Her Royal Throne (the Peers being also in their Robes); commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "It is Her Majesty's Pleasure, that they attend Her presently, in the House of Peers."

Who being come, with their Speaker; the Clerk of the Crown read the Title of the Bill to be passed, as followeth; (videlicet,)

Bill passed.

"An Act for exhibiting a Bill in this present Parliament, for naturalizing the most Excellent Princess Sophia Electress and Dutchess Dowager of Hanover, and the Issue of her Body."

To which said Bill the Clerk of the Parliaments pronounced the Royal Assent, in these Words; (videlicet,)

"La Reyne le veult."

Princess Sophia; Nat. Bill.

Hodie 1^a & 2^a vice lecta est Billa, intituled, "An Act for the naturalizing the most Excellent Princess Sophia Electress and Duthchess Dowager of Hanover, and the Issue of her Body."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow, at Twelve a Clock.

Security of Queen's Person, and Protestant Succession, Bill;

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line."

A Rider was offered, to be added to the Bill.

Which was read, as follows; (videlicet,)

Rider, to disable Lords Justices from giving the Royal Assent to Bills, for repealing Laws against Papists.

"And be it further Enacted, by the Authority aforesaid, That the said Lords Justices shall be, and are hereby, restrained and disabled from giving the Royal Assent in Parliament to any Bill, or Bills, for the repealing or altering an Act of Parliament made in the Five and Twentieth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants;" and one other Act of Parliament, made in the Thirtieth Year of the Reign of the said King Charles the Second, intituled, "An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament:" And all and every the said Lords Justices, concurring in giving the Royal Assent to any Bill, or Bills, for repealing or altering the said Acts, shall be guilty of High Treason, and shall suffer and forfeit as in Case of High Treason."

After Debate;

The Question was put, "Whether this Rider shall be read a Second Time?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

" Beautort.

Buckingham.

Carnarvon.

" Thanet.

Anglesey.

Scarsdale.

" Nottingham.

Nottingham.

" Weymouth.

Rochester.

Abingdon.

" H. London.

Guilford.

" North & Grey.

"Haversham.

Granville.

" Gernsey.

" Geo. Bath & Well."

Then another Rider was offered, to be added to the Bill.

Which was read, as follows; (videlicet,)

Rider to disable them from giving the Royal Assent to Bills for repealing Laws, for settling the Succession to the Crown, &c.

"And be it further Enacted, by the Authority aforesaid, That the said Lords Justices shall be, and are hereby, restrained and disabled from giving the Royal Assent in Parliament to any Bill, or Bills, for the repealing or altering an Act of Parliament, made in the Twelfth and Thirteenth Years of the Reign of King William the Third, intituled, "An Act for the further Limitation of the Crown, and the better securing the Rights and Liberties of the Subject;" and one other Act of Parliament, made in the Thirteenth and Fourteenth Years of the Reign of the said King William the Third, intituled, "An Act for the further Security of His Majesty's Person, and the Succession of the Crown in the Protestant Line, and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors;" and one other Act of Parliament, made in the First Year of the Reign of Her present Majesty Queen Anne, intituled, "An Act to declare the Alterations in the Oath appointed to be taken by the Act, intituled, "An Act for the further Security of His Majesty's Person, and the Succession of the Crown in the Protestant Line, and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors; and for declaring the Association to be determined:" And all and every the said Lords Justices, concurring in giving the Royal Assent to any Bill, or Bills, for repealing or altering the said Acts, shall be guilty of High Treason, and shall suffer and forfeit as in Cases of High Treason."

After Debate;

The Question was put, "Whether this Rider shall "be read a Second Time?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"Beaufort.

Buckingham.

Carnarvon.

"Scarsdale.

Thanet.

Anglesey.

Northampton.

Nottingham.

Rochester.

H. London.

"Guilford.

Weymouth.

North & Grey.

"Haversham.

Granville.

"Geo. Bath & Well."

Then another Rider was offered, to be added to the Bill.

Which was read, as followeth:

Rider to disable them from giving the Royal Assent to Bills for repealing the Habeas Corpus Act, &c.

"And be it further Enacted, by the Authority aforesaid, That the said Lords Justices shall be, and are hereby, restrained and disabled from giving the Royal Assent in Parliament to any Bill, or Bills, for the repealing or altering an Act of Parliament, made in the One and Thirtieth Year of the Reign of King Charles the Second, intituled, "An Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas;" and one other Act of Parliament, made in the First Year of the Reign of King William and Queen Mary, intituled, "An Act for exempting Their Majesties Protestans Subjects dissenting from the Church of England from the Penalties of certain Laws;" and one other Act of Parliament, made in the Sixth Year of the Reign of the said King William and Qeen Mary, intituled, "An Act for the frequent Meeting and Calling of Parliaments;" and one other Act of Parliament, made in the Seventh Year of the Reign of King William the Third, intituled, "An Act for regulating of Trials in Cases of Treason, and Misprision of Treason:" And all and every the said Lords Justices concurring in giving the Royal Assent to any Bill, or Bills, for repealing or altering the said Acts, shall be guilty of High Treason, and shall suffer and forfeit as in Cases of High Treason."

After Debate;

The Question was put, "Whether this Rider shall be read a Second Time?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"Because we conceive the Acts mentioned in the foregoing Riders are as necessary for the Preservation of the Protestant Religion, and the Rights and Liberties of the Subjects of England, as the Act of Uniformity, in the Opinion of the House itself, is for the Preservation of the Church of England.

"Beaufort.

Buckingham.

"Thanet.

Anglesey.

Northampton.

"Nottingham.

"Carnarvon.

Rochester.

"Scarsdale.

"North & Grey.

"Weymouth.

"Guilford.

"Haversham.

Granville.

"Geo. Bath & Well.

"H. London.

"Gernsey."

Then, after further Debate,

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

It was Resolved in the Affirmative.

Protest against the Bill.

"Dissentient.

"1. Because, it having been our humble Opinion, "That nothing can so firmly secure the Succession to this Crown in the Protestant Line, as the presumptive Heir's residing within this Kingdom;" and our Proposal of an humble Address to Her Majesty for that Purpose having been refused; this whole Bill also being founded on the said Heir's being absent at the Time of the Queen's Demise; we fear, the Bill may prove not only ineffectual to those good Purposes for which it is designed, but dangerous also, in preventing the said Heir's coming hither in the mean Time, by the Opinion some may have of the Succession's being so well secured, that no such farther Care needs to be taken about it.

"2. Because every One of the Seven Lords Justices, constituted by this Bill, is therein made so far independent of the very Successor, as not to be displaced by the said Successor in that Instrument, which is to be deposited here for the Addition of more Lords Justices; the Reason for which Addition we conceive equally strong, for enabling also the Successor to exclude, by the said Instrument, any of those Seven Justices; which said Justices may otherwise be found (when perhaps it will be too late) invested with too great a Power, if they can ever be supposed capable of ill-employing it.

"3. Which last Objection we conceive to be of more Weight, since it was refused by the House to restrain those future Lords Justices from repealing the following Acts; (videlicet,) "An Act for preventing Dangers which may happen from Popish Recusants;" and "An Act for the more effectual preserving the King's Person and Government, by disabling of Papists from sitting in either House of Parliament;" the Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonment beyond the Seas; the Act for the further Security of His Majesty's Person, and Succession of the Crown in the Protestant Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors; the Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws; the Act for the frequent Meeting and Calling of Parliaments; and the Act for regulating of Trials in Cases of Treason, and Misprision of Treason: Which Laws we account the very Pillars of our Constitution; and that, consequently, no Subjects whatsoever ought to be entrusted with a Power of passing any Act to repeal them, during the Time when it will be impossible for the Successor to know any Thing of the Matter, or so much as that the said Successor is become our Sovereign.

"4. Because, in this very Bill, which entrusts the Lords Justices with a Power of giving the Royal Assent to Laws of so dangerous a Nature, and with all the executive Power; yet, we conceive, they are restrained from revoking the least Military Commission, or disbanding any Officer of the Army, though never so much deserving to be suspected by them.

"5. Lastly, We apprehend the great Danger Her Majesty may be exposed to; since whatever is insufsicient to secure the Succession in the Protestant Line, and may render it liable to Difficulties or Uncertainties, must also encourage ill Designs against Her Sacred Life, which may be thought the only Obstacle in the Way of such wicked Persons who may flatter themselves with the Hopes of Confusions after it."

"Beaufort.

"Thanet.

"Denbigh.

"Haversham.

"Carnarvon.

Buckingham.

Anglesey.

"Nottingham.

"I dissent for the Four last Reasons,

"Granville.

"And I also, North & Grey.

"And I also, Gernsey."

Message to H. C. with the Bill.

A Message was sent to the House of Commons, by the Lord Chief Baron Ward and Mr. Justice Powis:

To carry down the Bill, intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line;" and desire their Concurrence thereunto.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.