House of Lords Journal Volume 18
9 March 1706

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1767-1830

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'House of Lords Journal Volume 18: 9 March 1706', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 142-144. URL: http://british-history.ac.uk/report.aspx?compid=29452 Date accessed: 29 July 2014.


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Die Sabbati, 9 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunel. & D. Crew.
Epus. Wigorn.
Epus. Exon.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petriburg.
Epus. Cicestr.
Epus. Bangor.
Epus. Lincoln.
Ds. Custos Magni Sigilli.
Comes Pembroke, Præses.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Marlborough.
Dux Buckingham.
Comes Kent, Camerarius.
Comes Derby.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Rochester.
Comes Holdernesse.
Comes Plimouth.
Comes Portland.
Comes Bradford.
Comes Jersey.
Comes Greenwich.
Viscount Townshend.
Viscount Weymouth.
Ds. Berkeley Ber.
Ds. Fitzwalter.
Ds. Wharton.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard Esc.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Rockingham.
Ds. Cornwallis.
Ds. Osborne.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Sommers.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Hervey.

PRAYERS.

Mutiny Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act made in the Session held in the Third and Fourth Years of Her Majesty's Reign, intituled, "An Act for punishing Mutiny and Desertion, and false Musters; and for the better Payment of the Army and Quarters."

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

It was Resolved in the Affirmative.

Ordered, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Militia Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising the Militia for the Year One Thousand Seven Hundred and Six, notwithstanding the Month's Pay formerly advanced be not re-paid; and for an Accompt to be made of Trophy-monies."

After some Time, the House was resumed.

And the Earl of Essex reported, "That the Committee had gone through the said Bill; and think it fit to pass, with One Amendment."

Which was read Twice, and agreed to.

Sir Richard Gwynn's Letter to the E. of Stamford, Message from H. C. for a Conference about.

A Message was brought from the House of Commons, by Mr. Chancellor of the Exchequer:

To desire a Conference with this House, upon a Matter of Public Concern, and relating to the Privilege of both Houses of Parliament.

To which the House agreed.

Answer.

Then the Commons were called in; and told, "That the Lords agree to a Conference, as desired; and appoint the same presently, in the Painted Chamber."

Managers

The Lords following were named Managers of the Conference; (videlicet,)

Dux Somerset.
Comes Westmorland.
Comes Kingston.
Comes Sunderland.
Comes Bradford.
Ds. Wharton.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

Militia Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for raising the Militia for the Year One Thousand Seven Hundred and Six, notwithstanding the Month's Pay formerly advanced be not re-paid; and for an Accompt to be made of Trophy-monies."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Rogers:

To return the said Bill, and desire their Concurrence to their Lordships Amendment made thereto.

Sir Richard Gwyn's Letter to the E. of Stamford,

The Commons being come to the Conference, the Managers Names were read.

Report of the Conference about:

Then the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Duke of Somerset reported, "That they had attended the Conference; and that the Commons had, upon Complaint made to them, of a printed Pamphlet, intituled, "A Letter from Sir Rowland Gwyn to the Right Honourable the Earl of Stamford," which was brought up to their Table, and read, come to the following Resolutions; (videlicet,)

"Veneris, 8° Die Martii, 1705.

"Anno 5° Annæ Reginæ.

Resolutions of H. C. about it;

"Resolved,

"That the said Pamphlet is a scandalous, false, and malicious Libel, tending to create a Misunderstanding between Her Majesty and the Princess Sophia, and highly reflecting upon Her Majesty, upon the Princess Sophia, and upon the Proceedings of both Houses of Parliament.

"Resolved,

"That an humble Address be presented to Her Majesty, That She will be pleased to give Or der for the Discovery and prosecuting the Author, Printer, and Publishers, of the said Pamphlet.

"Resolved,

"That the said Resolutions be communicated to the Lords, at a Conference; and their Concurrence desired thereunto."

Which Resolutions and Pamphlet being read;

Lords agree to them:

It was proposed, "To agree with the House of Commons in the said Resolutions."

After Debate;

The First Resolution was again read.

Then this Question was put, "Whether this House will agree with the Commons in the First Resolution?"

It was Resolved in the Affirmative.

Protest against the First of them:

"Dissentient.

"Buckingham.

Anglesey.

"Denbigh.

"Plimouth.

Winchilsea.

"Ashburnham.

"Nottingham.

"Rochester.

"Scarsdale.

"Northampton.

Guilford.

"Stawell.

"Granville.

Then the Second Resolution was read, and agreed to.

Address to be drawn upon the Resolutions.

And Ordered, That the Lords following be a Committee, to draw an Address to Her Majesty, upon the said Resolutions; (videlicet,)

Comes Pembroke, Præses.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Bolton.
Dux Marlborough.
Comes Manchester.
Comes Sunderland.
Viscount Townshend.
Ds. Halifax.

Their Lordships, or any Three of them; to meet at the Rising of the House this Day; and to adjourn as they please.

Carolina, Acts of Assembly there, for settling Religious Worship, &c.

The Order of the Day being read, and Counsel being heard, for the Proprietors, in relation to the Acts of Assembly passed in Carolina; (videlicet,)

1. "An Act, intituled, An Act for the Establishment of Religious Worship in this Province, according to the Establishment of the Church of England; and for the erecting of Churches for the public Worship of God; and also for the Maintenance of Ministers, and the building convenient Houses for them:"

And also,

"2. An Act for the more effectual Preservation of the Government of this Province, by requiring all Persons, that shall hereafter be chosen Members of the Commons House of Assembly, and sit in the same, to take the Oaths, and subscribe the Declaration, appointed by this Act; and to conform to the Religious Worship in this Province, according to the Church of England; and to receive the Sacrament of the Lord's Supper, according to the Rites and Usage of the said Church:"

And Debate thereupon:

The Acts declared to the illegal, and contrary to the Charter.

This Question was proposed, "That it is the Opinion of this House, That the Act of the Assembly of Carolina, intituled, "An Act for the Establishment of Religious Worship in this Province, according to the Establishment of the Church of England; and for the erecting of Churches for the Public Worship of God; and also for the Maintenance of Ministers, and the building convenient Houses for them;" so far as the same relates to the establishing a Commission for the displacing the Rectors or Ministers of the Churches there, is not warranted by the Charter granted to the Proprietors of that Colony, as being not consonant to Reason, repugnant to the Laws of this Realm, and destructive to the Constitution of the Church of England."

Then these Words were proposed to be made Part of the Question; (videlicet,) ["lately passed there, and since signed and sealed by John Lord Granville Palatine, for himself and the Lord Carteret, the Lord Craven, and Sir John Colleton, Four of the Proprietors of that Province, in order to the ratifying of it."

After Debate;

This Question was put, "Whether these Words shall be made Part of the Question?"

It was Resolved in the Affirmative.

Then the main Question was put, with the said Addition, which is as followeth; (videlicet,)

"That it is the Opinion of this House, That the Act of the Assembly of Carolina, lately passed there, and since signed and sealed by John Lord Granville Palatine, for himself and the Lord Carteret, the Lord Craven, and Sir John Colleton, Four of the Proprietors of that Province, in order to the ratifying of it, intituled, "An Act for the Establishment of Religious Worship in the Province, according to the Establishment of the Church of England; and for the erecting of Churches for the Public Worship of God; and also for the Maintenance of Ministers, and the building convenient Houses for them;" so far as the same relates to the establishing a Commission for the displacing the Rectors or Ministers of the Churches there, is not warranted by the Charter granted to the Proprietors of that Colony, as being not consonant to Reason, repugnant to the Laws of this Realm, and destructive to the Constitution of the Church of England?"

It was Resolved in the Affirmative.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it is the Opinion of this House, That the Act of the Assembly of Carolina, lately passed there, and since signed and sealed by John Lord Granville Palatine, for himself and for the Lord Carteret, the Lord Craven, and Sir John Colleton, Four of the Proprietors of that Province, in order to the ratifying of it, intituled, "An Act for the Establishment of Religious Worship in this Province, ac cording to the Church of England; and for the erecting of Churches for the Public Worship of God; and also for the Maintenance of Ministers, and the building convenient Houses for them;" so far forth as the same relates to the establishing a Commission for the displacing the Rectors or Ministers of the Churches there, is not warranted by the Charter granted to the Proprietors of that Colony, as being not consonant to Reason, repugnant to the Laws of this Realm, and destructive to the Constitution of the Church of England.

Then, after further Debate,

The Question was put, "That it is the Opinion of this House, That the Act of the Assembly of Carolina, intituled, "An Act for the more effectual Preservation of the Government of this Province, by requiring all Persons, that shall hereafter be chosen Members of the Commons House of Assembly, and sit in the same, to take the Oaths, and subscribe the Declaration, appointed by this Act, and to conform to the Religious Worship in this Province, according to the Church of England, to receive the Sacrament of the Lord's Supper according to the Rites and Usage of the said Church," lately passed there, and signed and sealed by John Lord Granville Palatine, for himself, the Lord Craven, and for the Lord Carteret, and by Sir John Colleton, in order to the ratifying of it, is founded upon Falsity in Matter of Fact, is repugnant to the Laws of England, contrary to the Charter granted to the Proprietors of that Colony, is an Encouragement to Atheism and Irreligion, is destructive to Trade, and tendeth to the depopulating and ruining the said Province?"

It was Resolved in the Affirmative.

It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it is the Opinion of this House, That the Act of the Assembly of Carolina, intituled, "An Act for the more effectual Preservation of the Government of this Province, by requiring all Persons, that shall hereafter be chosen Members of the Commons House of Assembly, and sit in the same, to take the Oaths, and subscribe the Declaration appointed by this Act, and to conform to the Religious Worship in this Province, according to the Church of England, to receive the Sacrament of the Lord's Supper according to the Rites and Usage of the said Church," lately passed there, and signed and sealed by John Lord Granville Palatine, for himself, the Lord Craven, and for the Lord Carteret, and by Sir John Colleton, Four of the Proprietors of that Province, in order to the ratifying of it, is founded upon Falsity in Matter of Fact, is repugnant to the Laws of England, contrary to the Charter granted to the Proprietors of that Colony, is an Encouragement to Atheism and Irreligion, is destructive to Trade, and tendeth to the depopulating and ruining the said Province.

Then the House being moved, "That an humble Address be made to Her Majesty, to lay before Her Majesty the present distressed Condition of the Province of Carolina; and to acquaint Her Majesty with the Resolutions of this House relating to the same; and humbly to desire, that She would please to use the most effectual Methods to deliver the said Province from the arbitrary Oppressions under which it lies, and to order the Authors thereof to be prosecuted according to Law:"

The Question was put, "Whether such an Address shall be drawn?"

It was Resolved in the Affirmative.

Address concerning the Oppressions the Province of Carolina labours under.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to Her Majesty, humbly to lay before Her Majesty the present distressed Condition of the Province of Carolina; and to acquaint Her Majesty with the Resolutions of this House, relating to the same; and humbly to desire Her Majesty, "to use the most effectual Methods to deliver the said Province from the arbitrary Oppressions under which it now lies, and to order the Authors thereof to be prosecuted according to Law."

Lords Committees appointed to draw the said Address; (videlicet,)

D. Somerset.
D. Grafton.
D. Bolton.
Comes Kingston.
Comes Sunderland.
Viscount Townshend.
Ds. Wharton.
Ds. Poulett.
Ds. Sommers.
Ds. Halifax.

Their Lordships, or any Three of them; to meet presently after the Rising of the House; and to adjourn as they please.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Henry Dutton Colt and others:

Who brought up a Bill, intituled, "An Act to enlarge the Time for registering unsatisfied Debentures upon the forfeited Estates in Ireland; and for renewing of other Debentures, which have been lost, burnt, or destroyed;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Martii, hora decima Auroræ, Dominis sic decernentibus.