House of Lords Journal Volume 18: 31 January 1706

DIE Jovis, 31 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hore's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Elizabeth Hore, in the County of Bucks, in Trustees, to be sold; and the Monies arising thereby to be applied for the Payment of Debts charged thereon."

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 Friday the Fifteenth Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Conway's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act for making the Exemplification of the Will of Edward late Earl of Conway, and the Depositions relating to the same, Evidence on Trials at Law," as fit to pass, without any Amendment.

Ordered, That the said Bill be engrossed.

Hugesses's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to make Provision for Payment of Debts of William Hugessen Esquire; and for raising Portions for his Younger Sons; and for making good the intended Settlement upon the Marriage of William Hugessen the Younger, Gentleman."

Cary and Hatley's Bill.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve a Clock, this House shall be put into a Committee upon the Bill, intituled, "An Act to empower Thomas Cary and George Hatley, of London, Merchants, to import the Remainder of a Quantity of French Wines from Copenhagen, contracted for before the First Day of January One Thousand Seven Hundred and Four."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Pool and others:

Who brought up a Bill, intituled, "An Act for vesting a Mortgage of Humphrey Courthey Esquire, deceased, in Trustees, to be sold, to discharge the Mortgages, Debts, and Incumbrances, on the said Estate;" to which they desire the Concurrence of this House.

Security of the Queen's Person, and Protestant Succession, Bill:

The Order of the Day being read, for taking into Consideration the Clause (B), added by the House of Commons to 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:"

"The Clause (B) was read, as follows; (videlicet,)

"(B) Press I. And whereas, in and by the said Act of Parliament, made in the Twelfth Year of the Reign of His late Majesty King William the Third, of Glorious Memory, intituled, "An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject," it was, amongst other Things, enacted, in the Words following, "That no Person who has an Office, or Place of Profit, under the King, or receives a Pension from the Crown, shall be capable of serving as a Member of the House of Commons;" and it appearing reasonable, that the said recited Clause should be regulated and altered: Be it therefore Enacted, by the Authority aforesaid, That, notwithstanding the said Act of Parliament, or any Thing therein contained, it shall and may be lawful to and for the several Officers of the Crown herein after mentioned, being duly elected Knights, Citizens, Burgesses, or Barons of the Cinque Ports, in Parliament, and to no other Person, having, in his own Name, or in the Name of any Person or Persons in Trust for him, or for his Benefit, any Office, or Place of Profit, under the Crown, or any Pension, Salary, Pay, or Wages, from the Crown (other than Pensions of Inheritance, or for Life, which have been already granted), to meet, sit, and vote in such House of Commons as shall meet in Parliament, on the Demise of Her Majesty without Issue, by virtue of this Act, and in all future Parliaments to be thereafter convened, or assembled; (that is to say,) Officers of Inheritance, or for Life, absolute, or Quamdiu se bene gesserint, Justices of the Peace, Officers of Corporations, and Officers in the Trained Bands or Militia of this Kingdom, for such their Offices only; Treasurer of the Household, Comptroller of the Household, Cofferer of the Household, Vice Chamberlain, Chancellor and Under Treasurer of the Exchequer, Two Principal Secretaries of State, King or Queen's First Serjeant at Law, Attorney Pr.2. General, Solicitor General, Commissioners of the Treasury not exceeding Five, Secretary of the Treasury, Commissioners of the Admiralty not exceeding Five, Treasurer of the Navy, Comptroller of the Navy, Secretary of War, Chancellor of the Dutchy of Lancaster, Lieutenant General of the Ordnance, General Officers of the Army (being Natives of England, or born beyond the Seas of English Parents, and having a Freehold Estate in England) not exceeding Five, to be allowed according to their Precedency; Flag Officers of the Navy not exceeding Five, to be allowed according to their Precedency; and other Officers, being sworn Members of the Privy Council, not exceeding Ten, the first sworn to be first preferred; and if, at the Time of the Demise of Her Majesty without Issue, any Person, being a Member of the House of Commons, which is then to meet in Parliament by Virtue of this Act, enjoying any Office, or Place of Profit, under the Crown, other than the Officers before mentioned, shall, within Ten Days after the Meeting of such Parliament, by Writing by him subscribed and sealed, and by him delivered into the Hands of One of the Principal Secretaries of State, resign such his Office to such succeeding King or Queen; which said Resignation is hereby declared to be effectual in Law to all Intents and Purposes; and shall, at his first coming into the House of Commons so met as aforesaid, declare to the said House of Commons, that he hath made such Resignation: In every such Case, such Person, so resigning and declaring the same as aforesaid, shall not, for and in respect of such Offices so resigned, be excluded from sitting and voting in such Parliament. And be it enacted, That in every Case where any Member or Members of the House of Commons shall, by Virtue of this Act, be disabled to sit or vote in the House of Commons, then, and in every such Case, without any further Conviction or other Proceedings against such Member or Members; the Place or Places for which they or any of them were elected is hereby declared to be void, and a new Writ or Writs shall issue out of the High Court of Chancery, by Warrant or Warrants from the Speaker of the House of Commons for the Time being, and by Order of the said House, for the Election of a new Member or Members, to serve in the House of Commons, in the Place or Places of such Member or Members so disabled, to all Intents and Purposes as if such Member or Members were naturally dead. And if any Person, disabled by this Act to sit or vote in the House of Commons, shall, at any Time after the Demise of Her Majesty without Issue; presume to sit or vote in the House of Commons in Parliament, such Person so sitting or voting shall thereby become incapable of sitting in the House of Commons in Parliament for the Space of Ten Years next after such Offence committed; and shall also forfeit the Sum of Five Hundred Pounds, to be recovered, by such Person as shall sue for the same, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, or Wager of Law, shall be allowed, and only One Imparlance."

After Debate;

This Amendment was proposed:

Press 1. Line 8. After the Word ["following"], insert ["That, from and after the Time that the further Limitation by this Act shall take Effect, all Matters and Things relating to the Well-government of this Kingdom, which are properly cognizable in the Privy Council by the Laws and Customs of this Realm, shall be transacted there; and all Resolutions taken thereupon shall be signed by such of the Privy Council as shall advise and consent to the same."]

The Question was proposed, "Whether the aforesaid Amendment shall be made?"

Then the previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put, "Whether the aforesaid Amendment shall be made?"

It was Resolved in the Affirmative.

Proposed, and agreed, to add, at the End of the abovesaid Amendment, the Words following: ["Be it Enacted, by the Authority aforesaid, that the said recited Clause shall be, and the same is hereby, annulled and repealed, as if the same Act had never been made: And whereas also, in the said Act, it was, amongst other Things, enacted, in the Words following"].

Press 1, Line 13 and 14. Proposed, That the Words ["regulated and altered"] shall stand Part of the Clause.

After Debate;

The Question was put, "Whether these Words ["regulated and altered"] shall stand Part of the Clause?"

It was Resolved in the Negative.

Protest against omitting Words in a Clause of it;

"Dissentient.

"Buckingham.

"Beaufort.

"Thanet.

Scarsdale.

"Rochester.

"Weymouth.

"Craven.

Northampton.

"Hereford.

"Stawell.

Winchilsea.

"Denbigh.

"Nottingham.

"Haversham.

"Granville."

Proposed, That the Word ["repealed"] be inserted, instead of the Words ["regulated and altered"]

Then the Question was put, "Whether the Word ["repealed"] shall be inserted instead of the Words ["regulated and altered"]?"

It was Resolved in the Affirmative.

Protestsagainst Amendments in Clauses.

"Dissentient.

"Buckingham.

"Beaufort.

"Northampton.

"Thanet.

Scarsdale.

"Rochester.

"Stawell.

"Weymouth.

"Hereford.

"Craven.

"Denbigh.

"Haversham.

"Winchilsea.

"Granville.

"Nottingham."

Press 1, Line 15. After the Word ["aforesaid"], proposed to add these Words, ["That the said last recited Clause shall be, and is hereby, annulled and repealed, as if the same Act had never been made."]

Then the Question was put, "Whether these Words ["That the said last recited Clause shall be, and is hereby, annulled and repealed, as if the same Act had never been made"], shall be inserted, after the Word ["aforesaid"]?"

It was Resolved in the Affirmative.

"Dissentient.

"Beaufort.

Buckingham.

"Thanet.

"Northampton.

"Rochester.

"Weymouth.

"Craven.

Scarsdale.

"Hereford.

"Stawell.

"Winchilsea.

"Denbigh.

Nottingham.

"Haversham.

"Granville."

Press 1, Line 15. Proposed to leave out from the Word ["aforesaid"] to the Word ["and"], in the 38 Line, 2 Press.

Then the Question was put, "Whether that Part of the Clause, from the Word ["aforesaid"] in Press 1, Line 15, to the Word ["and"] in the 38 Line, 2 Press, shall stand Part of the Clause?"

It was Resolved in the Negative.

Proposed to insert these Words following instead thereof; (videlicet,)

["Provided always, and be it further enacted, by the Authority aforesaid, That, from and after the Dissolution, or Determination, of this present Parliament, no Person who shall have, in his own Name, or in the Name of any Person or Persons in Trust for him, or for his Benefit, any new Office, or Place of Profit whatsoever, under the Crown, which at any Time hereafter shall be created or erected, nor any Person who shall be a Commissioner or Sub-commissioner of Prizes, or Receiver of the Prizes, shall be capable of being elected, or of sitting, or voting, as a Member of the House of Commons, in any Parliament which shall be hereafter summoned and holden."]

Then the Question was put, "Whether the last mentioned Words shall be inserted, instead of those last left out in the Commons Amendment?"

It was Resolved in the Affirmative.

Press 2, Line 38. Agreed, after the Word ["it"], to insert the Word ["further"].

Press 2, Line 38. Proposed to leave out from the Word ["that"] to the Word ["and"] in Press 3, "Line 13.

The Question was put, "Whether the Words from ["that"] in Press 2, Line 38, to the Word ["and"] in Press 3, Line 13, shall stand Part of the Clause?"

It was Resolved in the Negative.

Then the Words following; (videlicet,) ["If any Person hereby disabled, or declared to be incapable, to sit or vote in any Parliament hereafter to be holden, shall nevertheless be returned as a Member to serve for any County, City, Town, or Cinque Port, in any such Parliament; such Election and Return are hereby enacted and declared to be void to all Intents and Purposes whatsoever,"] were agreed to be inserted in the Clause, instead of the last Words to be left out.

Press 3, Line 14. Proposed, after the Word ["disabled"], to insert ["or declared incapable"]; and after the Word ["to"], leave out ["sit or vote in the House of Commons"], and instead thereof insert ["be elected"].

The Question was put, "Whether these Words shall be left out, and the others inserted?"

It was Resolved in the Affirmative.

Line 15. Proposed, after the Word ["the"], to leave out ["Demise of Her Majesty without Issue"] in the 16 Line; and insert ["Dissolution or Determination of this present Parliament"].

Agreed.

Press 3, Line 17. Agreed, to leave out the first ["in"], and insert ["as a Member of"]; and after the Second ["in"], to insert the Word ["any"].

Line 18. Agreed, after the Word ["Parliament"], to insert ["to be hereafter summoned"].

Line 19. Agreed, to leave out from the Word ["shall"] to the Word ["forfeit"], in 22 Line.

Then, the Question was put, "Whether this House shall agree to the Amendments of the House of Commons, thus amended?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to their Amendments, with Amendments to the Clauses added by them.

Then, a Message was sent to the House of Commons, Sir Robert Legard and Mr. Pitt:

To return the said Bill, and to acquaint them, that the Lords have agreed to the Amendments made by the House of Commons to the said Bill; with some Amendments to the Clauses added by them, to which they desire their Concurrence.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) primum diem Februarii jam prox, futur. hora undecima Auroræ, Dominis sic decernentibus.

Jovis, 18 die Julii, 1706,

Hitherto examined, by us,
Bolton.
Sunderland.
Townshend.
Somers.