House of Lords Journal Volume 18: 6 December 1705

DIE Jovis, 6 Decembris.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Quantilean Nat.

Upon reading the Petition of Peter Quantilean; praying to be naturalized:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner may be added to a Bill of Naturalization now depending in this House, as desired.

Chute's Bill.

The Lord Howard of Escrick reported from the Lords Committees, the Bill, intituled, "An Act for "Sale of the Estate late of Thomas Chute Esquire, in the County of Warwick; and laying out the Monies arising thereby in the Purchase of other Lands and Hereditaments, in the County of Norfolk, to be settled to the same Uses as the Warwickshire Estate stands settled," as sit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Williams versus Offley.

Upon reading the Petition of John Williams; shewing, "That the Petitioner, upon the Affirmation of a Judgement in the Queen's Bench against the Petitioner, at the Suit of Joseph Offley Esquire, surviving Executor of John Owen deceased; the Petitioner sued forth a Writ of Error, returnable in Parliament, which was allowed; and that Offley's Attorney had not entreed up his Judgement, with Design that the Time allowed by this House for bringing up his Writ of Error may be expired; and the Petitioner cannot get the Record certified until the Judgement is first drawn up; and praying Time to be allowed for certifying the Record:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Joseph Offley's Attorney do enter up his Judgement, on or before the Fourteenth Day of this Instant December, in order to the certifying the Record to be brought into this House.

Lamplugh versus Chetham.

The House being this Day moved, "That Mary Lamplugh may have further Time for answering to the Appeal of Ralph Chetham, her Writings being but lately come to her Hands:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Lamplugh hath hereby Time allowed her for answering to the said Appeal, until Thursday the Thirteenth Day of this Instant December, at Eleven a Clock.

Silvestre's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Silvestre, Doctor of Physic."

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

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Marbury & al. versus Tarbuck & al.

The House being moved, "That a Day may be appointed, for hearing of the Appeal depending in this House, wherein Katherine Marbury and others are Appellants, and Richard Earl Rivers and George Tarbuck and others Respondents:"

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

Princess Sophia, Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the naturalizing the most Excellent Princess Sophia Electress and Dutchess Dowager of Hanover, and the Issue of her Body."

A Rider was offered, to be added to the Bill. Which was read Three Times, and agreed to.

Then the Question was put, "Whether this Bill, with the Rider, 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.

Gage versus Lister.

Upon reading the Petition of Henry Gage Esquire; shewing, "That he brought his Appeal into this House the Fifth Day of November last, for reversing a Decree obtained by Elizabeth Lister, to which she was to answer the Nine and Twentieth of the said Month; and he, not apprehending she would answer sooner than that Time, and having urgent Business in the Country, went out of Town, and could not return till Yesterday, so did not hear of the Order for the Day of hearing the Cause To-morrow, which, by reason of the Shortness of Time, he cannot possibly be ready; and praying that the Hearing may be put off for a Week:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Fourteenth Day of this Instant December, at Eleven a Clock; and that the Petitioner Henry Gage do forthwith give Notice of this Order to the said Elizabeth Lister.

Queen's Speech considered.

The Order of the Day being read, for the House to be put into a Committee, to take into Consideration Her Majesty's Speech, made at the Opening of this Parliament:

The House was adjourned during Pleasure, and put into a Committee, pursuant to the said Order.

After long Debate, the House was resumed.

And the Earl of Stamford reported, "That the Committee of the whole House had come to some Resolutions, and directed him to report as followeth; (videlicet,)

Judges to consider how the Law stands, about Schools, &c. set up by Dissenters, Papists, &c.

"1. That it is the Opinion of the Committee, That the Judges be ordered to consider how the Law stands, as to the several Schools and Seminaries set up by Dissenters, Papists, and Non-jurors in England; and give their Opinion therein."

To which the House agreed.

Resolution that the Church of England is in no Manner of Danger, &c.

"2. That it is the Opinion of the Committee, That the Church of England as by Law established, which was rescued from the extremest Danger by King William the Third, of Glorious Memory, is now, by God's Blessing, under the happy Reign of Her Majesty, in a most safe and slourishing Condition; and that whoever goes about to suggest and insinuate, that the Church is in Danger under Her Majesty's Administration, is an Enemy to the Queen, the Church, and the Kingdom."

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

It was Resolved in the Affirmative.

"Dissentient.

Protest against it.

"1. Because we humbly conceive there may be Dangers to the Church always impending, on several Accounts; the Prayer set forth to be used on the solemn Fast Days, under the Head of a Prayer for Unity, imploring God Almighty's Grace, "that every body may seriously lay to Heart the great Dangers we are in by our unhappy Divisions," shews plainly, that, in the Opinion of the Compilers of that Form of Prayer, and in Her Majesty's Royal Judgement, who commands it to be used in all the Churches and Chapels throughout England and Wales, there are very great Dangers.

"2. We humbly conceive, there may be very great Dangers to the Church from Abroad, where a Person pretending to this Crown is publicly owned and maintained as King of England. And we humbly conceive the Church in Danger likewise from a Neighbour Kingdom, which, though under Her Majesty's Sovereignty during Her Life (which God long preserve), hath not by any Means yet been induced to settle the same Succession to the Crown as is established by Law in this Kingdom in the Protestant Line; but, on the contrary, that Succession has been abrogated by the Act of Security, which, with several other Acts lately passed in that Kingdom, has been judged by this House, in the last Session, to be dangerous to the present and future Peace of this Kingdom; and therefore we may justly fear there are Dangers from hence, both to our Church and State.

"3. We humbly conceive, there may be very great Danger to the Church, for Want of a Law to prevent any Persons whatsoever from holding Offices of Trust and Authority, both in Church and State, who are not constantly of the Communion of the Church established by Law; and therefore, on the Account of the unhappy Divisions in the Kingdom in Points of Religion and Divine Worship, as also on the Account of the Calamity of this Age in the too public and common Disowning any Religion at all."

"4. Though we have an entire Confidence in Her Majesty's great Zeal and Piety to the Church; we dare not, in Duty to Her Majesty's Person and to the Service of Her Government, condemn all such as may have Fears in relation to the Preservation of the Church and the Safety of the Crown.

"Lastly, being sincerely convinced that these Reasons, among some others mentioned in the Debate, are sufficient to justify our Fears, we humbly conceive that it is not a proper Way to prevent Dangers, by voting that there are none.

"Buckingham.

Leeds.

"Beaufort.

"Northampton.

"Thanet.

"Winchilsea.

Scarsdale.

"Abingdon.

"Weymouth.

Carnarvon.

Nottingham.

"Rochester.

Conway.

"H. London.

"North & Grey.

"Osdorne.

Anglesey.

"Craven.

"Howard.

Denbigh.

"Chandos.

"Granville.

Geo. Bath & Well.

"Gernsey.

Guilford.

"I dissent, for the First, Second, and Fourth Reason.

"Haversham."

Resolution to be communicated to H. C.

Ordered, That this Resolution shall be communicated to the House of Commons, at a Conference.

Then, Lords Committees were appointed, to consider of, and prepare, what shall be offered to the Commons, at a Conference, upon delivering to them the Resolution of the House agreed to this Day; (videlicet,)

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Judges to consider of Laws relating to Schools, Seminaries, &c. set up by Papists, &c.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do consider how the Law stands, as to the several Schools and Seminaries set up by Dissenters, Papists, and Non-jurors, in England; and give their Opinion to this House therein.

Resolution relating to Church of England.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Church of England as by Law established, which was rescued from the extremest Danger by King William the Third, of Glorious Memory, is now, by God's Blessing, under the happy Reign of Her Majesty, in a most safe and flourishing Condition; and that whoever goes about to suggest and insinuate, that the Church is in Danger under Her Majesty's Administration, is an Enemy to the Queen, the Church, and the Kingdom.

Adjourn.

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