DIE Mercurii, 10 Julii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Bucks & Nor.
Viscount Say & Seale.
Viscount St. John.
Ds. Howard Eff.
Irish Linen, Bill:
vice lecta est Billa, intituled, "An Act for
continuing the Liberty of exporting Irish Linen
Cloth to the British Plantations in America, Duty
Free; and for the more effectual Discovery of, and
prosecuting, such as shall unlawfully export Wool
and Woollen Manufactures from Ireland; and for
Relief of John Fletcher, in respect of the Duty by
him paid for a Quantity of Salt lost in the Exportation for Ireland."
The Question was put, "Whether this Bill shall
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Hiccocks and Mr. Meller:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Messages from H.C. with Bills; and to return Newman's Bill.
A Message from the House of Commons, by the Lord
William Powlet and others:
With a Bill, intituled, "An Act to enlarge the Time
for making Claims before the Commissioners appointed to inquire of the forfeited Estates;" to which
they desire the Concurrence of this House.
A Message from the House of Commons, by Mr.
Craggs and others:
With a Bill, intituled, "An Act to enable His Majesty to appoint Commissioners, to take, examine,
state, and determine, the Debts due to the Army;" to
which they desire the Concurrence of this House.
A Message from the House of Commons, by Mr.
Horatio Walpole and others:
To return the Bill, intituled, "An Act to enable
William Newman Esquire to sell Part of the Estate
included in his Marriage Settlement, for Payment
of Debts; and to settle another Estate in Lieu
thereof;" and to acquaint this House, that they have
agreed to the same, without any Amendment.
Claims, forfeited Estates, Bill.
vice lecta est Billa, intituled, "An Act to
enlarge the Time for making Claims before the Commissioners appointed to inquire of the forfeited
Commissioners Debts, Army, Bill.
vice lecta est Billa, intituled, "An Act
to enable His Majesty to appoint Commissioners, to
take, examine, state, and determine, the Debts due to
Act for registering Papists Estates, Bill to explain.
The Order of the Day being read, for the receiving
the Report of the Amendments made by the Committee
of the whole House to the Bill, intituled, "An Act
for explaining an Act, passed the last Session of Parliament, intituled, An Act to oblige Papists to register
their Names and Real Estates; and for enlarging the
Time for such registering:"
It was moved, "That the Lord Chief Justice of the
Court of Common Pleas be forthwith sent for, to attend the House."
And the same being objected to:
The Question was put, "Whether the said Lord
Chief Justice shall be now sent for, to attend
the Service of this House?"
It was Resolved in the Negative.
Then the Earl of Clarendon reported the several
Amendments made by the Committee to the said Bill,
"Press 2. Line 24. Leave out ["Seventeen"], to
["and"], in the 35th Line of the 3d Press; and insert Clause marked (A)."
"Clause (A). And be it further Enacted, by the Authority aforesaid, That no Action or Suit, for any Penalty or Forfeiture contained in this or the said former Act, for wilfully neglecting or refusing to register,
or for committing Fraud in such Registry, shall be
commenced or brought, after Two Years after the
Offence committed, against any Person offending
therein, who shall, before the Commencement of
such Action or Suit, have duly registered, according to the Purport of this and the said former Act;
which Registry such Person is hereby authorized to
make, notwithstanding the Time prescribed by the
said Statutes, or either of them, for making such Registry, be elapsed; and that every Person offending in
any of the Matters aforesaid shall be liable to be
sued or prosecuted for such Offence, at any Time before such Registry made, this or any other Law or
Statute to the contrary notwithstanding."
"Pr. 4. L. 6. Leave out from ["Act"] to ["and"],
in the 28th Line of the same Press.
"Pr. 5. L. 22. Leave out the Word ["openly"].
"L. 25. After ["Incapacity"], insert ["and
have entered such Claim in open Court, at the
General Session of the Peace, for the County, City,
Riding, or Division, wherein such Manors, Messuages,
Lands, Tenements, or Hereditaments, lie or arise"].
"L. 29. Leave out from ["notwithstanding"], to
the End of the Bill; and insert Clauses marked (B)
"Clause (B). Provided nevertheless, That whereas it
was, amongst other Things, enacted by the said Act of
Parliament, made in the Eleventh and Twelfth Years
of the Reign of the late King William the Third, That,
from and after the Tenth Day of April which should
be in the Year of our Lord One Thousand Seven
Hundred, every Papist or Person making Profession
of the Popish Religon should be disabled; and was
thereby made incapable to purchase, either in his or
her own Name, or in the Name of any other Person
or Persons to his or her Use, or in Trust for him or
her, any Manors, Lands, Profits out of Lands, Tenements, Rents, Terms, or Hereditaments, within the
Kingdom of England, Dominion of Wales, and Town
of Berwick upon Tweed; and that all and singular
Estates, Terms, and any other Interests or Profits
whatsoever, out of Lands, from and after the said
Tenth Day of April, to be made, suffered, or done, to
or for the Use or Behoof of any such Person or Persons, or upon any Trust or Confidence mediately or
immediately to or for the Benefit or Relief of any
such Person or Persons, should be utterly void, and
of no Effect, to all Intents, Constructions, and Purposes whatsoever: It is hereby Declared and Enacted,
That the said recited Part of the said Act of Parliament shall not be hereby altered or repealed; but
the same shall be and remain in full Force, as if this
Act had never been made.
"Clause (C). And be it further Enacted, by the Authority aforesaid, That, from and after the Twentyninth Day of September in the Year of Our Lord
One Thousand Seven Hundred and Seventeen, no
Manors, Lands, Tenements, Hereditaments, or any
Interest therein, or Rent or Profit thereout, shall
pass, alter, or change, from any Papist, or Person professing the Popish Religion, by any Deed or
Will, except such Deed within Six Months after the
Date, and such Will within Six Months after the
Death of the Testator, be enrolled in One of the
King's Courts of Record at Westminster, or else within
the same County or Counties wherein the Manors,
Lands, and Tenements lie, by the Custos Rotulorum,
and Two Justices of the Peace, and Clerk of the
Peace, of the same County or Counties, or Two of
them at the least, whereof the Clerk of the Peace
to be One."
"To the Title of the Bill, at the End thereof add
["and for securing Purchases made by Protestants"].
And the said Amendments, being read Twice by the
Clerk, except the Amendment to the Title of the Bill,
were severally agreed to.
Then a Clause was offered, to be made Part of the
Bill, to punish Protestants who shall act as Trustees for
Papists, concerning their Estates, which shall not be duly
And the same was read.
And it being proposed, "That the said Clause be read
a Second Time:"
The same was objected to.
And the Question being put, "Whether this
Clause shall be read a Second Time?"
It was Resolved in the Negative.
Then the Amendment to the Title of the Bill was
read a Second Time, and agreed to.
King's Answer to Address, Parliament office.
The Lord Chamberlain acquainted the House, "That
the Lords with White Staves (according to Order)
had presented to His Majesty the Address of this
House of the Fourth Instant, concerning the Repairs
of the Tower, or Building, called The Parliamentoffice, where the Records of Parliament are deposited; and that His Majesty had been pleased to give
Dominus Cancellarius declaravit præsens Parliamenttum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.