Hodie 2 vice lecta eft Billa, intituled, " An Act for ""the further Security of His Majefty's Perfon, and the "Succeffion of the Crown in the Proteftant Line; and "for extinguishing the Hopes of the pretended Prince "of Wales, and all other Pretenders, and their open "and fecret Abettors."

ORDERED, That the faid Bill be committed to a Committee of the whole House.

Then, it being moved, "To give an Inftruction to "the Committee, that the Bill be altered in this Par"ticular; (videlicet,) That no Oath fhall be offered, "to deprive a Peer from fitting and voting in Parlia "ment;" and Debate thereupon:

The Question was put, "Whether it shall be an "Inftruction to the Committee, to leave out that "Claufe which deprives the Peers from fitting "and voting in Parliament, if they neglect or "refufe the Oath?"

It was Refolved in the Negative.

And it being alfo moved, "That there may be an "Instruction to the Committee, that the Bill be "fo altered, as that the taking the Oath be vo"luntary, and not compulfory."

It was Refolved in the Negative..

ORDERED, That this House be put into a Committee upon the faid Bill on Monday next, at Twelve a Clock, next after the reading the Bill for punishing of Mutineers and Deferters.

Dominus Cuftos Magni Sigilli declaravit præfens Parliamentum continuandum effe ufque ad et in diem Lunæ, vicefimum tertium diem inftantis Februarii, hora unde çima Aurora, Dominis fic decernentibus.

fuerunt:

Ds. Cuftos Magni

Sigilli.
Dux Somerset, P.
Dux Devon, Se-
nefcallus.

Dux Richmond.
Dux Ormonde.

Dux Northumberland.
Dux Bolton.
Dux Bedford.

March. Normanby.

Comes Lindsey, Mag

nus Camerarius. Comes Carlile, Marefcallus.

Ds. Bergewenny.

Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunfdon.
Ds. Grey W.
Ds. Poulet.

Ds. Howard Efc.
Ds. Mohun.
Ds. Raby.
Ds. Leigh.

Ds. Jermyn.

Ds. Byron.

Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.

Comes Jersey, Came-
rarius.
Comes Kent.
Comes Huntingdon.
Comes Suffolke.
Comes Northampton. Ds. Craven.
Comes Denbigh. Ds. Offulftone.
Comes Manchester. Ds. Dartmouth.
Comes Peterborow. Ds. Stawell.
Comes Stamford. Ds. Guilford.
Comes Winchilfea. Ds. Jeffreys.
Comes Kingston. Ds. Afhburnham.
Comes Carnarvon. Ds. Wefton.
Comes Thanet.
Ds. Herbert.
Comes Scarfdale. Ds. Haverfham.
Comes Effex.
Ds. Sommers.
Comes Anglefey. Ds. Halifax.
Comes Burlington.
Comes Shaftesbury.
Comes Feverfham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Plimouth.
Comes Portland.
Comes Marlborough.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Grantham.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.

Viscount Weymouth.
Viscount Longueville.

Writs of Error;

Williams's Bill.

Mutiny Bill.

Upon reading the Petition of Edward Lord Bishop of Gloucester; praying Leave to bring in a Bill, to enable him and his Succeffors to make feparate and distinct Leafes of certain Lands and Tenements therein contained, referving fuch Rents as will amount unto the full Value of the ancient Rents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioner hath hereby Leave given him to bring in a Bill, as defired.

The House being informed, "That there were Two "Writs of Error at the Door:"

The House gave Leave for the bringing of them in.

Then the Lord Chief Juftice of His Majefty's Court of King's Bench brought in the faid Writs. He made Three Öbeifances before he came to the Bar; and, after Three Obeifances more, he laid them on the Lord Keeper's Woolfack.

The Clerk received the Records and Transcripts, and brought them to the Table:

Crown, &c.

Then the House was adjourned during Pleasure, and Succeffion of put into a Committee upon the Bill, intituled, "An Act Bill. "for the further Security of His Majefty's Perfon, and "the Succeffion of the Crown in the Proteftant Line; and "for extinguishing the Hopes of the pretended Prince "of Wales, and all other Pretenders, and their open "and fecret Abettors."

After a long Time spent therein, the Houfe was refumed.

And the Lord Bishop of Salisbury reported, "That "the Committee had gone through the faid Bill, with "feveral Amendments."

Which were read Twice, and agreed to.

ORDERED, That the faid Bill fhall be read the Third Time To-morrow, at One of the Clock; and all the

Hodie 2a vice lecta eft Billa, intituled, " An A&t for vesting in Trustees the Eftate of Sir William Powell "Baronet, deceased, for raising Portions for the Younger

Dominus Cuftos Magni Sigilli declaravit præfens Par- Adjourn. liamentum continuandum effe ufque ad et in diem Martis, vicefimum quartum diem inftantis Februarii, hora undecima Aurora, Dominis fic decernentibus.

Domini tam Spirituales quam Temporales præfentes

Arch. Cant.

Epus. London.

Epus. Wigorn.

Ds. Bergevenny.

Epus. Roffen.

rarius.

Epus. Wigorn. Epus. Sarum. Epus. Ceftr.

Ds. Lawarr.

Epus. Sarum.

Comes Kent.

Comes Stamford. Epus. Norwic. Comes Winchilfea. Epus. Petrib. Comes Thanet.

Epus. Glouceftr.

Comes Effex. Epus. Lincoln.
Comes Anglefey. Epus. Oxon.
Comes Shaftesbury. Epus. Bangor.
Comes Feverfham.
Comes Notting-

ham.

Ds. Ferrers.

Ds. Howard Efc.

Ds. Mobun.
Ds. Jermyn.
Ds. Byron.
Ds. Culpeper.
Ds. Rockingham.
Ds. Offulftone.
Ds. Stawell.

Ds. Guilford.
Ds. Jeffreys.

Ds. Herbert.

Their Lordships, or any Five of them; to meet on Tuesday the Tenth Day of March next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Hodie 3 vice lecta eft Billa, intituled, "An A&t for "punishing Officers and Soldiers who fhall mutiny or "defert, in England and Ireland."

Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Glouceftr.
Epus. Lincoln.
Epus. Oxon.
Epus. Bangor.

Yates verfus

Lewis:

Judgement.

Sibourg & al. Nat, Bill.

Dey verfus Thwaits.

Succeffion of

the Crown,

Bill:

Protest against

it.

Comes Plimouth. Comes Portland. Comes Marlborough. Comes Torrington. Comes Scarbrough. Comes Warrington. Comes Bradford. Comes Romney. Comes Grantham.

Viscount Townshend. Viscount Weymouth. Viscount Longueville.

PRAYER S.

After hearing Counsel, upon the Petition and Appeal of James Yates and Mary his Wife, from a Decree made in the Court of Chancery on the Six and Twentieth Day of April laft, in a Cause there depending, wherein one Richard Lewis was Plaintiff, against the Petitioner and one David Williams and Margaret his Wife, John Jones and Elizabeth his Wife, Defendants, and praying the Reverfal of the faid Decree; as alfo Counsel for the Refpondent Richard Lewis; and due Confideration of what was offered thereupon:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament affembled, That the Decree complained of in the faid Petition fhall be, and is hereby, reverfed; and the Refpondent Richard Lewis do pay, or caufe to be paid, to the Appellants James Yates and Mary his Wife, their Principal, Intereft, and Cofts at Law and Equity, within One Month; and, upon Payment thereof, to be relieved againft the Judgement in the Decree mentioned; and for Want of fuch Payment, the Refpondent's Bill in Chancery shall be difmiffed, with Cofts.

Upon reading the Petition of Frederick Sibourg, as alfo the Petition of Peter Mason and others; praying to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioners fhall be added to the Bill of Naturalization.

σε

σε

4. And if any further Evidence of the Subjects Fidelity were at this Time neceffary to be required; "we conceive a new Oath is no fuch Evidence, nor any "additional Security to the Government; because those "who have kept the Oaths which they have already "taken ought in Juftice to be esteemed good Subjects, "and those who have broken them will make no Scruple "of taking or breaking any others that fhall be required "of them; and confequently this new Oath may be of dangerous and pernicious Confequence to the Govern"ment, by admitting fuch ill Men who do not fear an "Oath into the greatest Trufts, and who, under the fpecious Pretence and Protection of this new Oath, "which is to free them from Sufpicion, will have greater Opportunities of betraying their King and "their Country.

66

66

5. If a new Oath were neceffary, as we conceive "it is not; yet the Words of this Oath are fo very ambiguous, and have been fo very differently conftrued

66

66

by feveral Lords who have declared their Senfe of "them, that this may become a Snare to Men's Con"fciences, or tend to overthrow the Obligation of an "Oath, by allowing Men Liberty to take it in their own "Senfe; whereas this, as all other Oaths, ought to be "taken in the Sense of the Imposer; which hath not "been declared in this Cafe, though we earnestly "preffed it, and though it has been done in other "Cafes of like Nature.

"6. And we conceive, that it neceffarily follows "from hence, that this Oath can be no Bond of "Union among those who do take it, nor any true "Mark of Diftinction between the Friends and the Ene"mies of this Government; and therefore repugnant "to the very Nature of a Teft.

"Diffentient.

"DE LONGUEVILLE.

"H. LONDON.

"THO. ROFFEN.

"FEVERSHAM.

"WARRINGTON.

"CRAVEN."

It was Refolved in the Affirmative.

THANET.

३

*The First Reason is expunged in the Original; vide 3 March. VOL. XVII.

66

H. C. with Amendments to the Bill.

Affirmation to

Whereas this Day was appointed for the Second Quakers Reading of the Bill, intituled, "An Act for con-be taken, Bin tinuing an Act, intituled, An Act, that the folemn to continue the "Affirmation and Declaration of the People called A&t for. "Quakers fhall be accepted instead of an Oath in "the ufual Form:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Bill shall be read the Second Time To-morrow, at One a Clock. M Whereas

Wentworth verfus L. Raby.

Adjourn.

Whereas Thursday next was appointed for hearing of the Caufe wherein Thomas Wentworth, alias Watfon, is Appellant, and Thomas Lord Raby Refpondent; the Houfe being informed, "That each Party agrees to a "further Day, if the Houfe thinks fit:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That this Houfe will hear the said Cause, by Counfel, at the Bar, on Saturday next, at Eleven a Clock; and that the Caufe appointed to be heard that Day be removed to Monday, and the

other Causes in Course.

Dominus Cuftos Magni Sigilli declaravit præfens Parliamentum continuandum effe ufque ad et in diem Mercurii, vicefimum quintum diem inftantis Februarii, hora undecima Aurora, Dominis fic decernentibus.

Thurston:

After hearing Counfel upon the Petition and Appeal Vaughan of Jonathan Vaughan and Katherine his Wife, Relict verfus and Executrix of John Thurston Gentleman, deceased, from a Decree made in the Court of Chancery the Six and Twentieth Day of July laft, on the Behalf of Robert Thurston, and a fubfequent Order of the Thirteenth of November laft; and praying the Reverfal of the faid Decree and Order, and other Proceedings therein; as alfo Counfel for the faid Robert Thurston; and due Confideration had of what was offered thereupon:

It is ORDERED and Adjudged, by the Lords Spiri- Judgement. tual and Temporal in Parliament affembled, That the faid Petition and Appeal of Jonathan Vaughan and Katherine his Wife fhall be, and is hereby, difmiffed this Houfe; and that the Decree, Order, and Proceedings, therein complained of, fhall be, and is hereby, affirmed: And it is further ORDERED, That the Appellants Jonathan Vaughan and his Wife fhall pay, or caufe to be paid, unto the faid Robert Thurston, the Sum of Twenty Pounds, for his Cofts.

The House being informed, upon Oath, "That one E. of Angle"Charles Barret had committed a Breach of Privilege, fey's Privilege; upon the Poffeffion of John Earl of Anglefey, a Peer tached, for en"of this Realm, by entering into the faid Earl's Houfe, tering his "at Bletchington, in Oxfordfe'r, the Nine and Twen"tieth of February laft, and kept Poffeffion for Five

66

66

66

Days for Mr. Annesley, after the faid Earl was in quiet Poffeffion, in the Time of Privilege of Parliament, contrary to Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Serjeant at Arms attending this Houfe, his Deputy or Deputies, do forthwith attach the Body of the faid Charles Barret, and bring him in fafe Cuftody to the Bar of this House; and this fhall be a fufficient Warrant on that Behalf:

To Peter Perfehoufe Efquire, Serjeant at Arms attending this Houfe, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Conftables, and other His Majesty's Officers, to be aiding and affifting in the Execution hereof.

House: