House of Lords Journal Volume 20: 22 June 1715

DIE Mercurii, 22 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Cardigan and Shelton's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming the Sale of the Reversion of the Manor of Darrington, by George Earl of Cardigan, to Theophilus Shelton Esquire and his Heirs."

All Souls College, Oxon, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in the Warden and College of All Souls in Oxford, and their Successors, certain Houses and Ground belonging to the Parish of St. Mary in Oxford."

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

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Browning:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Temple's Bill.

The Lord Howard of Effingham reported from the Committee, to whom the Bill, intituled, "An Act to empower the Barons of the Court of Exchequer in Ireland to grant a Commission to some Persons in Great Britain, to administer to Henry Temple Esquire the usual Oaths, for due Execution of the Office of Chief Remembrancer of the Court of Exchequer in Ireland," was committed: "That they had met upon the said Bill, gone through the same, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Paterson's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for relieving William Paterson Esquire, out of the Equivalent-money, for what is due to him."

Standing Orders, Report of Committee about, considered.

The House (according to Order) proceeded to take into Consideration the Report from the Committee appointed to consider of the Roll of Standing Orders, and to report to the House what Alterations they should think proper to be made therein; and who were also empowered to propose such new Orders as they should think proper, in order to be made Standing Orders of this House.

And the Report of the several Alterations, or Amendments, made by the Committee in the said Roll, and also the new Orders, proposed by them to be made Standing Orders, were read, as follows:

"N° 1. L. 2. Leave out, ["And as they do at His Majesty's being there"].

"4. . . . Leave out ["May"], and insert ["the"].

"5. L. 3. Leave out ["My"], and insert ["the"].

"8. . . . Leave out the Entry entirely to ["N° 11"]; and instead thereof, insert ["At the Beginning of a Parliament, after Prayers said, and the Lord Chancellor shall have taken the Oaths appointed to be taken in Lieu of the abrogated Oaths of Supremacy and Allegiance, and made, repeated, and subscribed the Declaration, and taken and subscribed the Oath of Abjuration, according to the several Acts of Parliament made for those Purposes, the Certificate of the Clerk of the Crown, of the Return of the Sixteen Peers, who for that Part of Great Britain called Scotland, shall be chosen, summoned, and certified, to sit and vote in the House of Peers in the Parliament of Great Britain, shall be read; and then all the Peers and Lords of Parliament present shall, in like Manner, take, make, and subscribe, the said Oaths and Declaration: After which, some Bill (pro Forma) is to be read. Which being done, the Lord Chancellor is to report His Majesty's Speech from the Throne; and then the Committee of Privileges is to be appointed. And at the Beginning of every other Session, during the same Parliament, after Prayers said, some Bill (pro Forma) is to be read, His Majesty's Speech reported, and the Committee of Privileges appointed."].

"N° 11. L. 1. Before ["Bills"], leave out ["The"]; and after ["Bills"], leave out ["they"]; and leave out ["commonly let pass"], and insert ["seldom opposed"]; and in the same Line leave out ["to be"].

"L. 2. Leave out ["Man"], and insert ["Lord"].

"N° 12. L. 6. Leave out ["Man"], and insert ["Lord"].

"N° 13. L. 8. Leave out the Words ["at Votes"], and insert ["in voting"].

L. 9. Leave out ["my"], and insert ["the"]; and leave out ["Man"], and insert ["Lord"].

"N° 15. L. 2. Leave out from the Words ["Two Shillings"] to the Word ["before"] in the 6th Line, and insert ["for the Poor; but every Lord who comes not at all, and makes not his just Excuse, is to pay Five Shillings for every Day's Absence"].

"N° 20 . . . . Leave out the Beginning of that Paragraph, to the Words ["it is done by Writ"] in the 2d Line; and insert ["after the issuing the Writ of Summons, if the Parliament be prorogued to any further Day than was appointed for the Meeting thereof by the Writ of Summons"].

"N° 20. L. 7. Leave out ["both the Houses"], and insert ["the Lords as well as to the Commons"]; and after the Words ["the Writ read"], leave out the Entry to ["N° 22."], and instead thereof insert ["the Parliament is accordingly prorogued; but when the Parliament is prorogued at any Time after the first Meeting thereof, such Prorogation is not to be by Writ, but by Commission directed unto some of the Lords of the Upper House, and the Lord Chancellor first acquainting the House with the Purport of such Commission; the Lords authorized thereby, or so many of them as are necessary, being in their Robes, and seated on a Form placed between the Throne and the Woolfack, are to command the Usher of the Black Rod to let the Commons know, the Lords Commissioners desire their immediate Attendance in the House of Peers, to hear the Commission read; and the Commons being come up to the Bar of this House, and standing uncovered, the Commission is to be read, by the Clerk; after which, the Parliament is to be prorogued, in such Manner, and to such Time, as is commanded by the said Commission."].

"N° 22. L. 4. Leave out ["sometimes"].

"N° 23. L. 1. Leave out ["of fewer Number commonly"], and insert ["a Select Committee"]; and in the same Line, before ["meet"], insert ["usually"]; and in the same and next Line, leave out ["the Little Room, or in the Painted Chamber"], and instead thereof insert ["One of the Rooms adjoining to the Upper House"].

"N° 25. L. 4. Leave out ["nor they are ever to employ"], and insert ["but the Lower House never send"].

"N° 26. L. 5. Leave out ["prevents the"], and insert ["may hinder the Lords from taking their proper"].

"N° 29. L. 2. Leave out ["that hath been committed"], and insert ["from such Conference"].

"N° 30. L. 1. Leave out ["either when the House sits, or"]

"L. 3. After ["House"], insert ["or the Heir Apparent of a Lord, who has a Right to succeed such Lord; or the Eldest Son of any Peer, who has a Right to sit and vote in this House"].

"N° 33. L. 2. Before ["examined"], insert ["strictly"]; and after the Word ["how it"], insert ["came to pass"]; and leave out to the End of that Paragraph.

"N° 34. intituled ["Bishops"]. The Committee, observing an Impropriety in the Expression, directed this Paragraph to be reported specially to the House.

"N° 39. L. 14. Leave out ["according to His Majesty's most Gracious Speech"].

"N° 40. L. 3. Leave out ["and therefore Precedents are to be looked out and considered of"].

"N° 41. Par. 2. L. 1. Leave out the Words ["from the Date"], and insert ["Twenty Days before the Return"]; and at the End of that Paragraph add, ["Except in such Cases wherein other Provision hath been made by an Act of Parliament passed in the 12 and 13th Year of the Reign of His late Majesty King William the Third, intituled, "An Act for preventing any Inconveniences that may happen by Privilege of Parliament"].

"N° 42. Par. 2. L. 1. Leave out ["in this Kind"], and insert ["upon this Account"]; and in the same Line, after ["Lord"], leave out ["whom he serves"], and insert ["concerned"].

"N° 42. Par. 3. Leave out that Paragraph.

"N° 43. . . . . . Leave out that Paragraph.

"N° 44. . . . . . Leave out also that Paragraph.

"N° 45. . . . . . Leave out ["ibidem"], and insert ["25 Februarii 1625"].

"N° 53. L. 1. Leave out ["upon the Question, nemine contrudicente"].

"L. 2. After ["Parliament"], insert ["whether they be Plaintiffs or Defendants"].

"L. 3. After ["Answer"], insert ["or be examined"]; and in the same Line, leave out ["as Defendants"].

"N° 55. . . . . . Leave out that Order.

"N° 57. L. 2. After ["House"], insert ["either with or without their Reasons"].

"N° 59. L. 4. Leave out the Words ["or upwards"].

"L. 9. Leave out the Word ["introducted"], and insert ["introduced"].

"N° 64. L. 4. After ["Place"], insert ["unless upon a Division of the House"]; and in the same Line, leave out ["either"].

"L. 5. and 6. Leave out ["or upon Consideration of adjourning the House"].

"N° 69. L. 2. Leave out ["have any Writs of Error, or"], and insert ["be desirous to exhibit to this House any"].

"L. 3 and 4. Leave out ["to be exhibited to this House, do bring in their said Writs of Error, and"], and insert ["do"].

"L. 7. Leave out ["Writ of Error, or"]; and in the same and 8th Line, leave out ["Judgement given in any of His Majesty's Courts of Judicature, or"]; and in the 8th and 9th Lines, leave out ["had in any of the Courts of Equity"], and insert [made"].

"L. 9. Leave out ["Cases"], and insert ["Case"].

"L. 10. Leave out ["Writ of Error, or"].

"L. 11. After ["Appeal"], insert ["provided he present it to this House"], and leave out ["Judgement or"]; and also in the same Line, leave out ["given"], and instead thereof insert ["made and entered in any Court of Equity in England or Wales, Twenty Days in any of the Courts in Scotland, and Forty Days in any of the Courts of Equity in Ireland"].

"The Committee, on their Consideration of this Order, were attended by the Two Lords Chief Justices and the Lord Chief Baron, pursuant to the Direction of the House; and were of Opinion, to alter the same, by leaving out what relates to limiting the Time for bringing Writs of Error, for the Reasons offered by the Lord Chief Justice of the King's Bench, as follows; (videlicet,)

"The receiving an Appeal is in Favour of the Appellant, and puts a Stop to the Proceedings against him in the Court below.

"The Allowance of the Writ of Error in the Court below is a Stay of the Proceedings against the Plaintiff in Error while the Writ of Error is pending; and the refusing to receive the Writ of Error in the House of Lords is continuing of the Delay: And therefore the greatest Favour to the Party delayed is, for the House to receive the Writ of Error, and determine it; and the Refusal to receive it, will be a Service to the Party who studies Delay.

"Which the Committee leave to the Consideration of the House.

"N° 70. . . . . . Leave out that Order.

"N° 73. . . . . . Leave out also that Order.

"N° 82. . . . . . The Committee, conceiving this Order may give some Countenance to the Re-hearing of Causes, directed the same should be specially reported to the House.

"N° 83. . . . . . Leave out that Entry.

"N° 85. L. 2. After ["original"], insert ["or of any Bill in Equity, without Service of any Letter or Process thereupon, within Time of Privilege of Parliament"].

"N° 93. L. 3. After ["granted"], insert ["for making any Order of this House a Standing Order, or"].

N° 112. . . . . . Leave out that Order.

"N° 113. L. 10. Leave out ["the Courts"], and insert ["any Court"].

"L. 11. Leave out ["North Britain, or"], and insert ["from any Court of Equity in England or Wales, from any Court in Scotland, or from any of the Courts of Equity in"].

"Add the Orders following; marked (A), (B), (C), (D), and (E).

"Die Sabbati, 5 Aprilis, 1707.

"(A). Ordered, That if any Lord, at the Hearing of a Cause, be not on One of the Benches, the Lord Chancellor shall stop Proceedings until such Lord take his Place on One of the said Benches.

"Die Jovis, 10 Junii, 1714.

"(B). Ordered and Declared, That when the House shall be put into a Committee of the whole House, the House be not resumed without the unanimous Consent of the Committee, unless upon a Question put by the Lord who shall be in the Chair of such Committee.

"(C). Ordered, That every Peer of this Realm, claiming by Virtue of a special Limitation in Remainder, and not claiming by Descent, shall be introduced.

"(D). Ordered, That on the Days Causes are appointed to be heard, the Cause be called in precisely at Eleven a Clock; and no other Business to intervene: And that the Lord Chancellor do signify to the Counsel at the Bar, before they begin, that they keep close to the Matter; and that the Second Counsel do not repeat what the First hath said.

"(E). Ordered and Declared, That, for the future, no Bill shall be read Twice the same Day: That no Committee of the whole House proceed on any Bill the same Day the Bill is committed: That no Report be received from any Committee of the whole House the same Day such Committee goes through the Bill, when any Amendments are made to such Bill: And that no Bill be read the Third Time the same Day reported from the Committee."

And the First of the said Amendments in the Paragraph N° 1. L. 2d. being read a Second Time; the same was agreed to.

And at the Close of the said Paragraph, this Amendment was made by the House; (videlicet,) "Leave out ["and the Lord Treasurer upon the Earls Bench"].

The Amendment to N° 4, and also the Amendment to N° 5, were read; and severally agreed to.

The Amendment proposed by the Committee, to leave out the Paragraphs N° 8, 9, and 10, was read, and agreed to; and the Words proposed to be inserted instead thereof were also read, and agreed to.

The Amendments made by the Committee in the First Line of the Paragraph N° 11 were read, and severally agreed to: And the Words ["to be"] being by One of the said Amendments directed to be left out, and agreed to by the House; the House further agreed, that instead thereof these Words ["are commonly"] be inserted.

The Two next Amendments to the Paragraphs N° 11 and 12 were read, and severally agreed to.

The Amendments to N° 13 were read, and severally agreed to.

And this Amendments to the said Paragraph was made by the House; videlicet, "Leave out ["their Speech"], and insert ["Distinction"].

The Amendments to N° 15, 20, 22, 23, 25, 26, 29, 30, and 33, were read, and severally agreed to.

And the next Paragraph, N° 34, intituled ["Bishops"], specially reported by the Committee, they observing an Impropriety in the Expression, "being read out of the "Roll by the Lord Chancellor;" the House agreed that the Consideration thereof should be postponed till their Lordships shall have gone through with this Report.

The Amendments to N° 39 and 40, and the Second Paragraph of N° 41, and the Third Paragraph of N° 42, were read, and severally agreed to: And the Amendment proposed by the Committee, to leave out the Fourth Paragraph of the said N° 42 being read, the same was disagreed to by the House.

The Amendments proposed by the Committee, to leave out the Two next Orders N° 43 and 44, and the Amendments to the Orders N° 45 and 53, were read, and severally agreed to: And the Amendment proposed by the Committee, to leave out the Order N° 55, being read, the same was disagreed to.

The Amendment in the 2d Line of the Order N° 57, being read, was agreed to; and these Words, videlicet, ["as they have a Right to do without asking Leave of the House"], were agreed by the House to be inserted next before the Amendment made by the Committee.

And the Amendments to N° 59 and 64 were read, and severally agreed to.

Ordered, That the further Consideration of the aforementioned Report be adjourned till To-morrow Morning.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.