House of Lords Journal Volume 20: 9 August 1715

DIE Martis, 9 Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vise. Bolingbroke, Black Rod's Information about:

The Gentleman Usher of the Black Rod acquainted the House, "That, in Obedience to their Lordships Order of the Sixth Instant, whereby he was directed to attach Henry Viscount Bolingbroke, he had made diligent Search and Inquiry after the said Lord Bolingbroke, as well at the last and usual Places of Abode of the said Lord Viscount Bolingbroke, as elsewhere; but the said Lord Viscount Bolingbroke is not to be found, so as that he may be attached, according as is commanded by the said Order."

Message to H. C. to acquaint them with it.

Then a Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellowes:

To acquaint them with the abovementioned Return of the said Gentleman Usher.

Security of His Majesty's Person, &c. Bill.

The Lord Delawar (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for the further Security of His Majesty's Person and Government; and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors," was committed, the Amendments made by the Committee to the said Bill.

Which were read, as follows:

"Press 1. Line 28. After ["and"], insert ["the"].

L. 30. After ["and"], insert ["for"].

L. 35. Leave out ["Oaths"], and insert ["Oath"].

Pr. 2. L. 1. Leave out ["aforesaid"].

L. 4. After ["and"], insert ["for"].

L. 12. After ["and"], insert ["of"].

"Pr. 4. L. 6. After ["Persons"], insert ["Heads or Governors of what Denomination soever, and"]; and after ["all"], insert ["other"].

"L. 7. Leave out ["or Masters"]; and after ["Halls"], leave out ["or Classis"].

"L. 9. After ["Foundation"], insert ["or that do or shall enjoy any Exhibition"].

L. 16. After ["Solicitor"], insert ["Writer in Scotland].

"Pr. 5. L. 11. After ["Third"], insert ["or of Scotland, by the Name of James the Eighth, or the Style and Title of King of Great Britain"].

"L. 29. After ["which"], insert ["Succession"].

"L. 36. Leave out ["the"], and insert ["these"].

"Pr. 6. L. 2. Leave out ["or make"].

"L. 3. After ["or"], insert ["if he cannot write, shall make his"].

"L. 16. Before ["make"], insert ["if he cannot write"].

"L. 26. After ["within"], insert ["that Part of"]; and after ["Britain"], insert ["called England"].

"L. 33. After ["Persons"], insert ["Heads or Governors of what Denomination soever, and"]; and after ["all"], insert ["other"], and leave out ["or Masters"].

"L. 34. Leave out ["or Classis"].

"L. 35. After ["Foundation"], insert ["or that do or shall enjoy any Exhibition"].

"Pr. 7. L. 1. After ["whatsoever"], insert ["within that Part of Great Britain called England"].

"Last Line. After ["the"], insert ["Person"]; and after ["pretended"], insert ["to be"]; and after ["Wales"], insert ["during the Life of the late King James, and since his Decease pretending to be, and taking upon himself the Style and Title of, King of England by the Name of James the Third, or of Scotland by the Name of James the Eighth, or the Style and Title of King of Great Britain"].

"Pr. 8. L. 12. Leave out ["for making"], and insert ["to make"].

"L. 27. After ["in"], insert ["the"].

"Pr. 9. L. 33. After ["Scotland"], insert ["intituled, "Act concerning the Election of Commissioners for Shires"].

"Pr. 11. L. 12. After ["Assizes"], insert ["upon Prosecution before"].

"L. 30. After ["Sessions"], insert ["or Prosecution before the Court of Justiciary"].

"Pr. 12. L. 6. After ["Justices of Peace"], insert ["or any other Person, or Persons, who shall be by His Majesty for that Purpose specially appointed, by Order in the Privy Council, or by Commission under the Great Seal"].

"L. 9. After ["whatsoever"], insert ["whom they shall or may suspect to be dangerous or disaffected to His Majesty or His Government"].

"L. 21. In the ["Interlineation"], leave out ["or"]; and after ["Sessions"], insert ["or Court of Justiciary"].

"Pr. 13. L. 10. After ["Sessions"], insert ["the Names of the Persons so certified being publicly read at the First Meeting of the said Sessions"]-

"L. 19. Leave out the 2d ["or"].

"L. 20. After ["Sessions"], insert ["or Court of Justiciary"].

"L. 24. Before ["Member"], insert ["Head or"].

"L. 27. After ["Foundation"], insert ["or that do or shall enjoy any Exhibition"].

"L. 31. After ["Act"], insert ["or to produce a Certificate thereof under the Hand of some proper Officer of the respective Court, and cause the same to be entered in the Register of such College or Hall, within One Month after his having taken and subscribed the said Oaths"].

"L. 32. Before ["Member"], insert ["Head or"].

"L. 34. Before ["Member"], insert ["Head or"].

"L. 41. After ["Great Seal"], insert ["or Sign Manual"].

"L. 42. After ["Person"], insert ["qualified according to the local Statutes of such College or Hall"].

"P. 14. L. 10. After ["Universities"], insert ["or other Person, or Persons, lawfully authorized to admit"].

"L. 12. After ["Great Seal"], insert ["or Sign Manual"].

"L. 34. Leave out ["or beyond the Seas"]; and after the 2d ["or"], insert ["to any Person whatsoever"].

"L. 35 and 36. Leave out ["in His Majesty's Service"].

"L. 36 and 37. Leave out ["Twenty-ninth Day of September"], and insert ["First Day of November"].

"Pr. 15. L. 11. Leave out from ["aforesaid"] to ["and"] in the 29th Line; and insert ["instead of the Oath of Abjuration, which before by Law ought to have been taken, in such Manner, and together with such other Oaths, and Declaration against Transubstantiation, as the said former Oath of Abjuration ought to have been taken"].

"Pr. 16. L. 25. After ["Sessions"], insert ["or Prosecution before the Court of Justiciary"].

"L. 32. After ["Deputies"], insert ["and such Deputy or Deputies shall qualify him or themselves"].

"Pr. 17. L. 1. After ["do"], insert [likewise"].

"L. 5. After ["Signet"], insert ["Provided that no Office of Inheritance in Scotland shall be forfeitable, otherwise than according to the Laws now in Force there"].

"Pr. 14. L. 21. After ["Parliament"], insert ["unless by Reason of such Person's having some new Office or Employment, or his coming hereafter under some of the Qualifications which require the taking the Oaths before mentioned, by Virtue of this Act, or any other Law now in being"]; and add Clauses, marked (A), (B), (C), and (D).

"(A). Provided always, and be it Declared and Enacted, That all Persons whatsoever, who, by Virtue of any Law now in being, are or would be obliged, if this Act was not had or made, to receive the Sacrament according to the Usage of the Church of England, and to make and subscribe the Declaration against Transubstantiation, or either of them, on any Occasion whatsoever, shall continue obliged, in all such Cases, to receive the said Sacrament, and make and subscribe the said Declaration, together with the Oaths appointed by this Act, in such Manner, and under such Penalties in Case of Neglect, as is required by any former Law.

"(B). Provided always, and be it Enacted, by the Authority aforesaid, That all and every Person or Persons, who shall, on or before the First Day of December next, take and subscribe the Oaths in such Manner as is appointed in this Act, and also receive the Sacrament of the Lord's Supper according to the Usage of the Church of England, and make and subscribe the Declaration against Transubstantiation, in those Cases where the Sacrament ought to have been received, and the said Declaration ought to have been made and subscribed, and has been neglected, shall be, and are hereby, indemnified from and against all Penalties, Forfeitures, Incapacities, and Disabilities, incurred by any former Neglect or Omission of taking or subscribing the Oaths, or receiving the Sacrament, or subscribing the aforesaid Declaration, according to any former Act or Acts concerning Persons in Offices or Places of Trust, and is, are, and shall be, fully and actually recapacitated and restored to the same State and Condition as before such Neglect or Omission.

"(C.) Provided also, That all and every Person, who has, at any Time since His Majesty's happy Accession to the Crown, taken the Oaths, and taken and subscribed the Abjuration, and also subscribed the Declaration, and received the Sacrament, in such Cases where the Sacrament ought to have been received, and the said Declaration ought to have been subscribed, according to any Act or Acts concerning Persons in Offices or Places of Trust, shall likewise be, and are hereby, indemnisied as aforesaid, though the same has or have not been done within the Time appointed by Law.

"(D.) Provided always, That no Person or Persons, who, by Reason of any such Neglect or Omission, hath or have left or forfeited any Office, Benefice, Place, Dignity, or Employment whatsoever, to which any other Person or Persons hath or have been preferred or promoted, shall be restored to such Office, Benefice, Place, Dignity, or Employment; any Thing herein contained to the contrary notwithstanding.

"At the End of the Bill, add ["and that the Indemnities beforementioned be, and are hereby, extended to the said Kingdom of Ireland"]."

Then the said Amendments, being read a Second Time, were severally agreed to by the House, to the 11th Line of the 14 Press; where, after the Word ["refuse"], it was agreed to insert ["or neglect"].

Then the next Amendment made by the Committee was read, and agreed to; and in the 13th Line of the same Press, after the Word ["aforesaid"], it was agreed to insert ["by the Space of Ten Days after such Admission shall be demanded of him or them who ought to make such Admission"]; and in the 14th Line, after the Word ["then"], it was also agreed to insert ["and in such Case, the local Visitor, or Visitors, of such College or Hall, is hereby authorized and required to admit and place such Person so nominated and appointed, to such Place as he shall be nominated to as aforesaid, within the Space of One Month after the same shall be demanded of such Visitor"].

And then it was proposed, "To insert ["and in case such Visitor shall neglect or refuse to admit as aforesaid, during the Space of One Month after the same is lawfully demanded of such Visitor, that then"].

And the same being objected to;

And Debate thereupon:

The Question was put, "Whether those Words shall be there inserted?"

It was Resolved in the Affirmative.

Then, in the 18th and 19th Lines, it was agreed to leave out ["Head of such College or Hall"], and to insert ["Visitor or Visitors"].

Ordered, That this House will, To-morrow Morning, take into further Consideration the Report of the Amendments made by the Committee of the whole House to the aforementioned Bill.

Bank Fund, enlarging, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Fund of the Governor and Company of the Bank of England, relating to Exchequer Bills; and for settling an additional Revenue of One Hundred and Twenty Thousand Pounds per Ann. upon His Majesty, during His Life, for the Service of the Civil Government; and for establishing a certain Fund of Fifty-four Thousand Six Hundred Pounds per Annum, in order to raise a Sum not exceeding Nine Hundred and Ten Thousand Pounds, for the Service of the Public, by Sale of Annuities after the Rate of Six Pounds per Cent. per Ann. redeemable by Parliament; and for satisfying an Arrear for Work and Materials at Bleinbeim, incurred whilst that Building was carried on at the Expence of Her late Majesty Queen Anne, of Blessed Memory; and for other Purposes therein mentioned."

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

Causes put off.

Ordered, That the Cause wherein Henry Newburgh Gentleman is Appellant, and Brockhill Newburgh Esquire Respondent, be put off to Thursday next; and the other Causes removed in Course.

Adjourn.

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