House of Lords Journal Volume 16: 3 June 1701

DIE Martis, 3 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Answer to the Message from H. C. about the Impeachments depending.

The House resumed the adjourned Debate Yesterday, in relation to the Report of the Answer drawn by the Committee, to be sent to the House of Commons, to their Message received the One and Thirtieth of May last.

The First Paragraph of the Report was read, as followeth; videlicet,

"The Lords do think fit, upon Occasion of the Message of the Commons of the One and Thirtieth of May, to acquaint that House, That, having searched their own Journals, they do not find that, after a general Impeachment, there has ever been so long a Delay of bringing up the particular Articles of Impeachment, sitting the Parliament; and therefore the Lords do think they had Reason to assert, that it was a Hardship to the Two Lords concerned (especially after this House had put the House of Commons in Mind of exhibiting such Articles), and not agreeable to the usual Proceedings in Parliament."

The House agreed to this Paragraph.

Then the Second Paragraph was read, as followeth; (videlicet,)

"And as the Lords do not controvert what Right the Commons may have, of impeaching in general Terms, if they please; so the Lords, in whom the Judicature does entirely reside, think themselves obliged to assert, that the Right of determining what is a due Time, in which the particular Articles of Impeachment ought to be exhibited, is lodged in them only."

It being proposed, "That an Amendment be made in this Paragraph, That, instead of the Words, (videlicet,) ["determining what is a due Time in which the particular Articles of Impeachment ought to be exhibited, is lodged in them only;"] these Words may be inserted; (videlicet,) ["limiting a convenient Time for bringing the particular Charge before them, for the avoiding Delay in Justice, is lodged in them."]

After Debate;

The Question was put, "Whether the Second Paragraph, so amended, shall stand?"

It was Resolved in the Affirmative.

Protest against the Second Paragraph.

"Dissentient.

"Because we conceive this Assertion is new."

"Normanby.
Rochester.
Lindsey.
Nottingham.
Weymouth.
Marlborough.
Plimouth.
Oxford.
Granville.
Lawarr.
Dartmouth.
H. London.
Jeffreys.
Guilford.
Howard.
Tho. Roffen.
Hunsdon.
Jonat. Exon.
Godolphin.
Lexington.
Cholmondeley."

Then the last Paragraph was read, as followeth; (videlicet,)

"The Lords hope, the Commons, on their Part, will be as careful not to do any Thing that may tend to the Interruption of the good Correspondence between the Two Houses, as the Lords shall ever be on their Part; and the best Way to preserve that, is for neither of the Two Houses to exceed those Limits, which the Law and Custom of Parliament have already established."

After Debate;

The Question was put, "Whether the last Paragraph shall stand?"

It was Resolved in the Affirmative.

Protest against the last Paragraph.

"Dissentient.

"Because we know not that the Law and Custom of Parliaments have established any certain Limits.

"Lindsey.
Normanby.
Rochester.
Nottingham.
Abingdon.
Howard.
Weymouth.
Marlborough.
Plimouth.
Oxford.
Granville.
Lawarr.
H. London.
Jeffreys.
Dartmouth.
Tho. Roffen.
Guilford.
Hunsdon.
Lexington.
Jonat. Exon.
Godolphin.
Cholmondeley."

It being proposed, "That some Addition be made to this Report;" and Debate thereupon:

It is ORDERED, That the Committee do meet presently, and draw what shall be added, upon the Debate.

Then the House was adjourned during Pleasure.

After some Time, the House was resumed.

And the Earl of Stamford reported what was drawn, to be added to the Message.

Which was read, and agreed to, as followeth; (videlicet,)

"The Lords do think fit, upon Occasion of the Message of the Commons of the One and Thirtieth of May, to acquaint that House, That, having been desired by the Lord Sommers, that a Day may be appointed for his speedy Trial; and their Lordships, finding no Issue joined by Replication of the House of Commons, judge it proper to give them Notice thereof, that the Commons may reply, if they think fit; and, at the same Time, their Lordships let the Commons know, that they will proceed to the Trial of any of the impeached Lords, whom the Commons shall be first ready to begin with so as there may be no Occasion taken from thence, for any unreasonable Delay in the Prosecution of any of them."

Then, the Report being read entire, and agreed to.

Message to H. C. in Answer to their Message about the Impeachments depending.

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

To acquaint them, "That the Lords do think fit, upon Occasion of the Message of the Commons of the One and Thirtieth of May, to acquaint that House, That, having been desired by the Lord Sommers, that a Day may be appointed for his speedy Trial; and their Lordships, finding no Issue joined by Replication of the House of Commons, judge it proper to give them Notice thereof, that the Commons may reply, if they think fit; and at the same Time, their Lordships let the Commons know, that they will proceed to the Trial of any of the impeached Lords, whom the Commons shall be first ready to begin with, so as there may be no Occasion taken from thence for any unreasonable Delay in the Prosecution of any of them; and further to acquaint them, that, having searched their own Journals, they do not find that, after a general Impeachment, there has ever been so long a Delay of bringing up the particular Articles of Impeachment, sitting the Parliament; and therefore the Lords do think, they had Reason to assert, that it was a Hardship to the Two Lords concerned (especially after this House had put the House of Commons in Mind of exhibiting such Articles), and not agreeable to the usual Proceedings in Parliament.

"And as the Lords do not controvert what Right the Commons may have, of impeaching in general Terms, if they please; so the Lords, in whom the Judicature does entirely reside, think themselves obliged to assert, that the Right of limiting a convenient Time for bringing the particular Charge before them, for the avoiding Delay in Justice, is lodged in them.

"The Lords hope, the Commons, on their Part, will be as careful not to do any Thing that may tend to the Interruption of the good Correspondence between the Two Houses, as the Lords shall ever be on their Part; and the best Way to preserve that, is for neither of the Two Houses to exceed those Limits, which the Law and Custom of Parliament have already established."

Message from H. C. with Bills.

A Message from the House of Commons, by Mr. Ogle and others:

Who brought up Two Bills; (videlicet,)

One, intituled, "An Act for continuing the Acts therein mentioned, for preventing Theft and Rapine upon the Northern Borders of England."

The other, intituled, "An Act for continuing a former Act, to prevent false and double Returns of Members to serve in Parliament."

To which said Two Bills, they desire the Concurrence of this House.

Northern Borders, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing the Acts therein mentioned, for preventing Theft and Rapine upon the Northern Borders of England."

Double Returns to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing a former Act, to prevent false and double Returns of Members to serve in Parliament."

St. Martin's Ground, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better improving a certain Piece of Ground, in the Parish of St. Martin's in the Fields, and for other the Purposes therein mentioned."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Thursday 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.

Mallock's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Sale of the Estate of Rawlin Mallock Esquire, deceased, for discharging the Monies, Debts, and Charges thereupon."

ORDERED, That the Consideration of the said Bill be referred to the Committee abovenamed.

Deane's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate of James Deane; and for securing the Monies raised thereby for the Benefit of himself and Family, according to the Settlement thereof."

ORDERED, That the Consideration of the said Bill, be referred to the Committee abovenamed.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Brotherton and others:

Who brought up a Bill, intituled, "An Act for appointing Wardens and Assay-masters, for assaying Wrought Plate, in the Cities of Yorke, Exeter, Bristoll, Chester, and Norwich;" to which they desire the Concurrence of this House.

Assay-masters, &c. in York, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for appointing Wardens and Assay-masters, for assaying Wrought Plate, in the Cities of Yorke, Exeter, Bristoll, Chester, and Norwich."

Message from H. C. to return South Pickenham, Bill.

Also, a Message was brought from the House of Commons, by Sir William Husler and others:

To return the Bill, intituled, "An Act for the vesting and settling certain Manors and Lands, in South Pickenham, and other Places in the County of Norfolke, in Trustees, to be sold; and for laying out the Monies arising by Sale thereof in the Purchase of other Lands, to be settled to such and the same Uses as the said Manors and Lands so to be vested are and stand settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Ld. Kilmorey's Bill.

The Lord Jeffreys reported from the Lords Committees, the Bill, intituled, "An Act to enable Robert Lord Viscount Kilmorey, in the Kingdom of Ireland, (being an Infant) to settle divers Manors, Lands, and Hereditaments, in the Kingdom of England, upon a Treaty of Marriage," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Robert Lord Viscount Kilmorey, in the Kingdom of Ireland, (being an Infant) to settle divers Manors, Lands, and Hereditaments, in the Kingdom of England, upon a Treaty of Marriage."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Hertford Gaol, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for removing the County Gaol of Hertford."

Hodie 3^a vice lecta est Billa, intituled, "An Act for removing the County Gaol of Hertford."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Walpoole and others:

Who brought up a Bill, intituled, "An Act for erecting Hospitals and Work-houses within the Borought of King's Lynn, in the County of Norfolke, for the better employing and maintaining the Poor there;" to which they desire the Concurrence of this House.

Sir C. Barrington's Witnesses to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Major Thomas Barrington, Richard Butler Esquire, Mrs. Mary Rotheram, Samuel Heyrick, Appoice, John Barrington Gentleman, Charles Ballet Gentleman, and Bezaleel Knight Gentleman, do and they are hereby required to attend the Lords Committees (to whom is referred the Bill, intituled, "An Act to enable Sir Charles Barrington Baronet, to settle a Jointure, and make Provision for his younger Children,") on Saturday the Seventh Day of this Instant June, in the Prince's Lodgings near the House of Peers, as Witnesses, to be examined in relation to the said Bill.

Terless et al. to attend, concerning Victualing.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Richard Terlesse Junior, Gentleman, and Henry Goodwin Baker, do attend this House To-morrow, at Eleven a Clock.

Pinney versus Mallock's Bill:

Upon reading the Petition of Nathaniel Pinney, of Axmister, in the County of Devon; praying to be heard to the Bill, intituled, "An Act to enable the Sale of the Estate of Rawlin Mallock Esquire deceased, for discharging the Monies, Debts, and Charges thereupon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, at the Committee to whom the Bill stands committed, on Monday the Sixteenth Day of this Instant June, at Ten of the Clock in the Forenoon.

And Mallock et al. against it.

Upon reading the Petition of Mallachy Mallock, Josias Denning, Thomas Turner, William Callway, John Knight, and Henry Stephens; praying to be heard to the Bill, intituled, "An Act to enable the Sale of the Estate of Rawlin Mallock Esquire, deceased, for discharging the Monies, Debts, and Charges thereupon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, at the Committee to whom the said Bill stands committed, on Monday the Sixteenth Day of this Instant June, at Ten a Clock in the Forenoon.

Judges to attend.

ORDERED, That all the Judges do attend this House on Thursday next, at Twelve a Clock.

Deal fresh Water, Bill.

Whereas this Day was appointed for the Mayor of Deale to be heard, to the Bill, intituled, "An Act for furnishing the Town of New Deale with fresh Water:"

It is ORDERED, That the Mayor of Deale shall be heard, to the said Bill, To-morrow, the First Business; and nothing to intervene.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) quartum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.