House of Lords Journal Volume 20: 22 June 1716

DIE Veneris, 22 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clause in the Act of Succession, concerning the Sovereign not leaving the Kingdom, to repeal, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing so much of the Act of the Twelfth and Thirteenth Years of the Reign of King William the Third, intituled, "An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, "as enacts, "That no Person who should come to the Possession of the Crown shall go out of the Dominions of England, Scotland, or Ireland, without Consent of Parliament."

Ordered, That the said Bill be read the Third Time To-morrow.

Dutchess of Hamilton & al. Petition about the E. of Macclesfield's Attainder, rejected.

A Petition of Elizabeth Dutchess of Hamilton, Sir Thomas Orbey Baronet, and the Lady Cherlot his Wife, the said Dutchess being the Niece, and the Lady Cherlot the Sister, and also the Coheirs at Law, of Charles Earl of Macclesfeild deceased; setting forth, "That the Bill depending in this House, to reverse the Attainder of the said Earl, will affect the Petitioners Right and Property; they, as Heirs at Law, being the Persons principally concerned in the said Reversal;" and praying, "That they may be heard, by their Counsel, against the said Bill:"

Was presented to the House, and read.

And, it being moved, "To reject the Petition:"

After Debate;

The Question was put, "Whether the said Petition shall be rejected?"

It was Resolved in the Affirmative.

E. Macclesfield's Attainder, to reverse, Bill.

The Earl of I'lay reported from the Lords Committees, to whom the Bill, intituled, "An Act for the reversing and making void the Attainder of Charles Earl of Macclesfield, deceased," was committed: "That they had considered the said Bill, and found the Allegation thereof to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Then an Amendment was proposed to be made to the Title of the said Bill.

And the same being agreed to;

Ordered, That the said Bill, with the Amendment, be engrossed.

Traitors Estates, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors, and of Popish Recusants, and of Estates given to superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public."

After Debate;

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

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"1. We conceive there is no Necessity of this Bill; because the ordinary Forms of Law will bring all the Forfeitures of Persons attainted into the Exchequer much sooner, and with less Expence to the Public, than will be by this Bill.

"2. This Bill takes away the Estates of Persons though innocent; and subjects them to severe Penalties, not to be avoided by any Method agreeable to Reason or Justice.

"3. It vests all Leases for Years, of Persons attainted, in the Crown, from the 24th of June 1715; whereas, by Law, such Leases are not forfeited but from the Time of Conviction: And this may overthrow the Estates of innocent Purchasers or Mortgagees of such Chattel Leases, who may have bought, and lent their Money, under the safe Protection of the Law.

"4. Because, by this Bill, all Debtors are obliged to discover the Debts they owe to any Person, to the Commissioners, by the 24th of November 1716, under the Penalty of forfeiting Double the Debt, in case the Creditor happened to be attainted at any Time before the 24th of June 1718; although, before the 24th of November 1716, he be neither accused, nor so much as suspected; and, we conceive, no Construction can be made of that Clause, from any seeming Inconsistency in it, to exempt it from the Absurdity and Injustice enacted by it.

"5. Because any Arguments, drawn from any Part of that Clause, to make the rest of it not good Sense, were they just; yet we cannot agree to enact such a Clause, which must either be not good Sense, or unjust.

"6. Because every Person, who has any Claim to, or Interest in, any other Man's Estate, must make his Claim before the Commissioners by June 1717; or else, if the Person whose Estate is subject to such Claim happens to be attainted by June 1718, though till then he be neither accused nor suspected, they are for ever barred; and no Construction was endeavoured to be made of this Clause, to excuse it from the Absurdity and Injustice apparent in it.

"7. The Act for the Irish Forfeitures being urged as a Precedent for this Bill; we conceive, if that Act were liable to the Objections which this Bill is, by having in it the like Clauses; yet that is no good Reason for the passing this; for, if that Parliament did a Wrong and Injustice, it is no Argument for this Parliament to do the same, lest, in Process of Time, repeated Precedents of this Kind may become too hard for Reason and Justice.

"8. Because the general Words in this Bill may give Occasion to the Commissioners to think, and the Judges to construe, that they have Power to summon Peers, examine them upon Oath, and commit them to the common Gaol; which, we conceive, was contrary to the Sense of the House, and far from their Intention to agree to.

"9. Because this Bill takes away the Power, from His Majesty, of doing the least Act of Charity to a starving Wife and Children, out of the forfeited Estates; except a Provision for the Wives and Daughters of the late Duke of Ormond, the late Lord Marr, and the late Lord Bolingbroke.

"Berkeley of Stratton.
"Abingdon.
Foley.
"Bruce.
"Mansel.
"Gower.
Compton.
"Bathurst.
"Aylesford.
"Trevor.
Hay.
"Montjoy.
"Strafford."

Message to H. C. that the Lords have agreed to the Bill.

A Message was sent to the House of Commons, by Mr. Dormer and Mr. Lovibond:

To acquaint them, that the Lords have agreed the last mentioned Bill, without any Amendment.

Peace of The Highlands, to secure, Bill.

A Message from the House of Commons, by the Lord William Pawlet and others:

To return the Bill, intituled, "An Act for the more effectual securing the Peace of The Highlands in Scotland;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Oaths, Time to take, to prolong, Bill.

Whereas this Day was appointed, for the House to be in a Committee, to consider further of the Bill, intituled, "An Act for prolonging the Time for Persons to take the Oaths, pursuant to the 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:"

It is Ordered, That this House shall be put into a Committee, to consider further of the said Bill, on this Day Sevennight.

Papists, to register Estates, &c. Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act to oblige Papists to register their Names and Real Estates," was committed, the Amendments made by the Committee to the said Bill.

Which, upon the Second Reading, were, with some Amendments, severally agreed to by the House.

And other Amendments were made by the House to the Bill, and are as follow:

"Press 2. Line 27. After ["Persons"], insert ["not having taken the Oaths herein after mentioned, before the last Day of Trinity Term One Thousand Seven Hundred and Sixteen, in the Manner by Law required"].

"L. 31. Leave out ["or"]; and after ["being"], insert ["or arising"].

"Pr. 3. L. 1. Leave out ["now"], and insert ["on the Twenty-fourth of June One Thousand Seven Hundred and Sixteen"]; and in the same Line leave out ["Eighteen"], and insert ["One and Twenty"].

"L. 2. Leave out ["November"], and insert ["January"].

"L. 5. Leave out ["now"], and insert ["on the said Twenty-fourth of June"].

"L. 8. After ["Age"], insert ["and have such Estate or Interest as aforesaid"].

"L. 29 & 30. Leave out ["Estate in"].

"L. 31. After ["lie"], insert ["or arise"].

"L. 36. After ["Oaths"], insert ["and so from Time to Time, within Six Months after he, she, or they, or any Trustee or Trustees for him, her, or them, or his, her, or their Benefit or Advantage, shall come into the Possession or Perception of the Rents or Profits of any other Lands, Tenements, or Hereditaments"].

"L. ult. Leave out ["in which"], and insert ["whereof"].

"Pr. 4. L. 1. Leave out ["shall then have any Estate or Interest, legal or equitable"]; and insert [or any Trustee or Trustees for him, her or them, or his, her, or their Benefit or Advantage, shall be in Possession, or in the Receipt or Perception, of the Rents or Profits"].

"Pr. 4. L. 3. Leave out ["and"]; and after ["being"], insert ["or arising"].

"L. 6. Leave out ["or"]; and after ["Township"], insert ["or Place"].

"L. 8. After ["lie"], insert ["or arise"].

"L. 16. After ["Lease"], insert ["than by whom such Lease was made"].

"L. 17. Leave out ["upon such Lease"], and insert ["thereupon"].

"L. : 9. Leave out ["the"], and insert ["such"]; and after ["thereof"], insert ["in case the same was made by himself, or any Person in Trust for him, or that he was Party or Privy thereunto"]: And, in the same and next Line, leave out ["and, if unlet, the true Yearly Value thereof"].

"Pr. 7. L. 6. After ["Rolls"], insert ["and shall likewise enter such Warrants of Attorney upon Record"].

"L. 7. After ["Registry"], insert ["and Entry on Record"].

"L. 8. After ["Registry"], insert ["and Entry on Record"].

"L. 35. Leave out from ["Office"] to the 2d ["and"] in the 27th Line of the next Press.

"Pr. 8. L. 28. Leave out from ["who"] to the 2d ["shall"] in the 36th Line, and insert ["is or are hereby required or intended to take and subscribe such Oath, and repeat and subscribe such Declaration, as aforesaid; or, in Default thereof, to register, or cause to be registered, his, her, or their Name and Names, Estate and Estates, as aforesaid"].

"Pr. 8. L. 40. Leave out from the 2d ["and"] to ["Estate"] in the last Line; and in the same and First Line of the 9th Press, leave out ["or Interest legal or equitable"].

"Pr. 9. L. 10. Leave out ["so"], and insert ["wilfully"].

"L. 11. Leave out ["registering false"], and insert ["refusing so to do, or committing any Fraud in such Registry"].

"L. 11, 12, & 13. Leave out ["all his, her, and their respective Estate and Estates, both Real and Personal"]; and insert ["the Fee Simple and Inheritance of all such Lands, Tenements, and Hereditaments, not registered, or fraudulently registered, whereof he, she, or they, or any Person or Persons in Trust for him, her, or them, was or were seised in Fee Simple, at the Time of such Default or Fraud in registering as aforesaid, and the full Value of the Inheritance of all such Lands, Tenements, and Hereditaments, not registered, or fraudulently registered, as aforesaid, whereof he, she, or they, or some Person or Persons in Trust for him, her, or them, was not or were not seised in Fee Simple at the Time of such Default or Fraud as aforesaid"].

"L. 18. After ["Plaint"], insert ["Suit"].

"L. 26. Leave out ["Real or Personal"].

"Pr. 9. L. 34. Leave out ["upon Oath"].

"Pr. 10. L. 2. After ["neglecting"], insert ["to register"]; and after ["or"], insert ["fraudulently"]; and in the same Line leave out ["false"].

"L. 7. Leave out ["all his"], and insert ["the"]; and after ["Estate"], leave out ["truly"], and insert ["so sued for"].

"L. 22. Leave out from ["Ejectment"] to [provided"] in the 25th Line"].

"L. 28. Leave out from ["Persons"] to the 2d ["shall"] in the 31st Line of the same Press; and insert ["who is or are hereby required or intended to take and subscribe such Oath, and make and subscribe such Declaration, or to make such Registry, as aforesaid"].

"L. 32. Leave out ["First"], and insert ["Eighteenth"].

"Pr. 11. L. 4. Leave out ["February"], and insert ["May"].

"L. 5. Leave out ["Sixteen"], and insert ["Seventeen"].

"L. 10. Leave out ["February"], and insert ["May"].

"L. 11. Leave out ["Sixteen"], and insert ["Seventeen"].

"L. 19. Leave out ["First"], and insert ["Eighteenth"].

"L. 23. Leave out ["November"], and insert ["January"].

"L. 29. Leave out ["November"], and insert ["January"].

"At the End of the Bill, add Clauses marked (A), (B), (C), (D), and (E):

"(A.) Provided, That, in case such Person or Persons so making Default, or committing any Fraud in registering as aforesaid, after such Default or Fraud committed, and before he, she, or they, be thereof convicted, or any Ejectment or Suit brought for such forfeited Lands, Tenements, or Hereditaments, shall, bona Fide, for a just and valuable Consideration, convey over, grant, lease, or incumber, all or any such Lands, Tenements, or Hereditaments, omitted or fraudulently registered as aforesaid; that then, and in such Case, the Person or Persons so purchasing, or having such Grant, Lease, or Incumbrance, as aforesaid, not knowing, at the Time of such Purchase or Incumbrance made, the said Offender to be a Person within the Description of this Act, shall not be prejudiced, nor his, her, or their Estate or Interest, in the said Lands, Tenements, and Hereditaments, impeached, for or by Reason of such Forseiture as aforesaid; but, in that Case, the said Offender shall forfeit the Value of the Inheritance of the said Lands, Tenements, and Hereditaments, to be distributed and recovered in Manner as aforesaid.

"(B.) Provided always, and be it hereby further Enacted and Declared, by the Authority aforesaid, That nothing in this present Act contained shall extend, or be construed to extend, to compel any Person whatsoever to register, or procure to be registered, any Lands, Tenements, or Hereditaments, until he, or some other Person or Persons as Trustee or Trustees for him, or his Benefit, or on his Behalf, is, are, have, or hath been, or shall be, actually feised, and have Notice thereof, or possessed or in the Receipt of the Rents or Profits of the same, for the Space of Six Months.

"(C.) Provided, That nothing herein contained shall extend, or be construed to extend, to compel any Person or Persons to register any Lands, Tenements, or Hereditaments, whereof he, she, or they, shall be only Farmer of Farmers, or Tenants at a Rack-rent; or who only do or shall hold by Lease or Leases, whereupon Two Thirds of the full Yearly Value, or more, is, are, or shall be, reserved.

"(D.) Provided also, That nothing herein contained shall extend to defeat or prejudice any Protestant, or other Creditor, who, bona Fide, hath, or shall have, any Charge or Incumbrance upon any Real Estate or Estates hereby directed to be registered: But then, in case of such Charge or Incumbrance, the Person or Persons so making Default, or committing any Fraud in registering as aforesaid, shall forfeit the Value of such Charge and Incumbrance; One Third Part thereof to and among the Person and Persons who shall, by virtue of this Act, sue for and recover the Lands, Tenements, and Hereditaments, forfeited as aforesaid, and subject to such Charge and Incumbrance, or any Part thereof, in Proportion to the Part so by him, her, or them, recovered; and Two Third Parts thereof to the King's Most Excellent Majesty, His Heirs and Successors.

"(E.) Provided also, and be it further Enacted and Declared, by the Authority aforesaid, That no Person or Persons, being in The East or West Indies or America, shall be compelled to take the said Oaths, and sign the Declaration before mentioned, and register his, her, or their Estate or Estates, at the Time within mentioned; but shall have Twelve Months longer than the Times herein before respectively allowed to Persons beyond the Seas, to take the said Oaths, and sign the said Declaration, and register their Estate and Estates; any Thing herein to the contrary notwithstanding."

Ordered, That the said Bill be read the Third Time To-morrow.

Hackney Coaches, &c. Bill.

The Earl of Clarendon also (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for the better regulating Hackney Coaches, Carts, Drays, Cars, and Waggons, within the Cities of London and Westm'r, and the Weekly Bills of Mortality, and for preventing Mischiefs occasioned by the Drivers riding upon such Carts, Drays, Cars, and Waggons," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice, and agreed to by the House; and are as follow:

"Press 1. Line 29. Leave out from ["Mortality"] to ["and"] in the 33d Line.

"Pr. 2. L. 8. Leave out from ["same"] to ["that"] in the 19th Line of the 3d Press.

"Pr. 3. L. 21. After ["are"], insert ["or shall be"].

"L. 31. After ["make"], insert ["such"]; and after ["Ordinances"], insert ["from Time to Time"].

"L. 36. After ["fit"], insert ["so as such Orders, Bye-Laws, or Ordinances, be made agreeable to the true Intent and Meaning of this Act, and the former Acts concerning Hackney Coaches; and be for the better putting in Execution thereof; and for the good Government and regulating the Persons licensed to keep Coaches, and the Renters of such Licenses, and Drivers of such Coaches; and so as they do not contain any Thing repugnant to the Laws of this Realm"].

"L. 37. After ["approved"], insert ["and put in Execution"].

"L. 38. Leave out from ["directed"] to ["and"] in the 14th Line of the 5th Press.

"Pr. 5. L. 29. Leave out from ["aforesaid"] to ["and"] in the 7th Line of the next Press."

Ordered, That the said Bill be read the Third Time To-morrow.

E. Portland's Privilege:

Whereas, by Order of this House Yesterday, the Committee for Privileges were directed to meet To-morrow Morning, to consider of the Matter of the Complaint of a Breach of Privilege, in arresting and delivering a Declaration against John Robinson, a Tenant of the Earl of Portland's:

The House being this Day moved, "That the said Committee be discharged from proceeding in that Matter:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee for Privileges be discharged from proceeding upon the Matter of the said Complaint to them referred.

Moor to be discharged.

Upon reading the Petition of Thomas Moor, Prisoner in The Gatehouse, Westm'r, in Custody of the Black Rod attending this House, for arresting One of the Earl of Portland's Servants; begging Pardon for his Offence, and praying to be discharged from his Imprisonment:

It is Ordered, That the Petitioner be brought to the Bar of this House To-morrow, in order to his Discharge.

Adjourn.

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