House of Lords Journal Volume 16: 8 March 1700

DIE Veneris, 8 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

John Earl of Bridgewater sat Speaker.

D. of Norfolk's Bill, for a Divorce:

The House took into Consideration the Method of proceeding in the Duke and Dutchess of Norfolk's Case; and agreed as follows:

"That the Counsel be called in; and, when they are at the Bar, the Clerk shall read the Depositions at the Table; and the Speaker and all the Lords to keep their Places whilst the Depositions are reading."

Then the Counsel were called in; and the Depositions read by the Clerk; the Speaker and all the Lords sitting in their Places.

And the Duke's Counsel summed up the Evidence on his Part; and the Dutchess's Counsel on her Part.

And the Duke's Counsel having replied, they withdrew.

Proxies not to be used in this Bill:

And the House ORDERED, That Proxies shall not be made Use of in this Case.

It being moved, "To adjourn the further Consideration of this Matter till To-morrow:"

After Debate;

This Question was put, "Whether the further Consideration of this Business shall be adjourned till To-morrow Morning?"

It was Resolved in the Negative.

Then, after long Debate upon the Evidence, and the Subject-matter of the Bill,

This Question was put, "Whether the Bill, intituled, An Act to dissolve the Duke of Norfolk's Marriage with the Lady Mary Mordant, and to enable him to marry again, shall be read a Second Time?"

It was Resolved in the Affirmative.

Protest against reading the Bill a Second Time.

"Diffentient.

"Guilford.

"1. Because we conceive there was Contradiction in the Evidence given at the Bar, which made the Validity of it suspected.

"2. And because it is without Precedent, that a Bill of this Nature was ever brought into Parliament, where the Subject-matter had not first been proceeded on in the Ecclesiastical Courts; and that it may be of dangerous Consequence to the Settlements of Families, to subject the Dissolutions of Marriages to so short and summary a Way of Proceeding.

Hallifax.
Bolton.
Rochester.
Burlington.
Thanet.
Vaugham.
H. London.
Weymouth.
Scarsdale.
Jeffreys.
North & Grey.
Tho. Roffen.
Montagu.
Jonat. Exon.
Lempster.
Sussex.
N. Cestriens.
Ja. Lincoln.
Sy. Eliensis.

Hodie 2^a vice lecta est Billa, intituled, "An Act to dissolve the Duke of Norfolke's Marriage with the Lady Mary Mordant, and to enable him to marry again."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be committed to a Committee of the whole House, Tomorrow, at Twelve of the Clock; and all the Lords summoned to attend.

Dutch. of Norfolk to be heard, concerning her Claims and Interests comprised in the Bill.

Upon reading the Petition of Mary Dutchess of Norfolke; shewing, "That, by the Bill now depending for dissolving the Marriage between the Duke of Norfolke and the Petitioner, her Jointure and Marriage Agreements are (amongst other Things) to be set aside; and praying to be heard, by her Counsel, touching her Claims and Interests comprized in the Bill:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by her Counsel, To-morrow, at Eleven of the Clock, at the Committee of the whole House to whom the said Bill stands committed, what she has to offer; and produce her Marriage Agreement, and other Writings set forth in the Petition; at which Time also the Duke's Counsel may be present, if he thinks fit.

Jacobson & al. Nat. Bill:

The Lord Viscount Longueville reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Theodore Jacobson and others," as fit to pass, with some Amendments.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Theodore Jacobson and others."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and desire their Concurrence to the said Amendments.

Avon and Froome Rivers, Bill, and for paving, &c. Bristol.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better preserving the Navigation of the Rivers Avon and Froom; and for cleansing, paving, and enlightening, the Streets of the City of Bristol."

Hoare's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Charles Hoare Esquire, for Payment of his Debts; and for settling other Part in Trust, for raising a Portion and Maintenance for Elizabeth his only Daughter by his former Wife, and for making a Jointure for Mary his now Wife, and for a Provision for the Children by the said Mary."

ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom Sir Thomas Robinson's Bill stands committed; who are to meet the Three and Twentieth Day of this Instant March, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. to return Gardner's Bill.

A Message was brought from the House of Commons, by Mr. Hayes and others:

To return the Bill, intituled, "An Act for vesting the Real Estate of Joseph Gardner and Sarah his Wife, late the Estate of William Ridges Esquire, deceased, in Trustees, to be sold, for Payment of the Debts and Legacies mentioned in his Will; and for applying the Residue of the Money upon the Trusts therein specified;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Hemp and Flax, Tithes of to ascertain, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better ascertaining the Tithes of Hemp and Flax."

Sherrard versus Sherrard.

Upon reading the Petition and Appeal of Castle Sherrard, from Two Decretal Orders; the One made by the Master of the Rolls, the Two and Twentieth Day of December One Thousand Six Hundred Ninety-seven; and the other on the Tenth Day of February One Thousand Six Hundred Ninety-eight, by the Lord High Chancellor of England, confirming the said former Order; as also from the final Decree or Order pronounced by the said Lord Chancellor the Nineteenth Day of July last past, in a Cause wherein the now Respondent John Castle Sherrard was Plaintiff, and the Petitioner Defendant; and praying, "That the said Decretal Orders and Decree may be reversed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Castle Sherrard may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Monday the Eighteenth Day of this Instant March, at Ten of the Clock in the Forenoon.

Bishopric of St. David's, Address not to fill up.

The House being this Day moved, "To make an Address to His Majesty, That the Bishopric of St. David's may not be filled for some convenient Time:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Motion shall be taken into Consideration on Monday next, at Twelve of the Clock; and all the Lords summoned to attend.

Adjourn.

Joh'es Comes Bridgewater, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.