House of Lords Journal Volume 16: 5 June 1701

DIE Jovis, 5 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Bristol takes the Oaths.

This Day John Lord Bishop of Bristol took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

St. Martin's Ground, Bill.

The Lord Lawarr reported from the Lords Committees, the Bill, 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," as fit to pass, without any Amendment.

Hodie 3^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."

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.

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

The Lord Guilford reported from the Lords Committees, the Bill, intituled, "An Act for appointing Wardens and Assay-masters, for assaying Wrought Plate, in the Cities of York, Exeter, Bristol, Chester, and Norwich," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for appointing Wardens and Assay-masters, for assaying Wrought Plate, in the Cities of York, Exeter, Bristol, Chester, and Norwich."

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. concerning the one from the Lords about the Impeachments depending:

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

To acquaint this House, "That the Commons, on Consideration of your Lordships Message to them, of the One and Thirtieth of May, concerning the Earl of Orford, think it their undoubted Right, when several Persons stand impeached before your Lordships, to bring to Trial such of them, in the First Place, as the Commons apprehend, from the Nature of the Evidence, ought first to be proceeded against; to the Intent, all such Offenders may, in due Time, be brought to Justice; and that no Day ought to be appointed by your Lordships, for the Trial of any Impeachment by the Commons, without some previous Signification to your Lordships from the Commons, of their being ready to proceed thereon.

"The Commons could not receive this Message from your Lordships without the greatest Surprize; your Lordships Proceedings in this Case being neither warranted by Precedents, nor (as the Commons conceive) consistent with the Methods of Justice or with Reason: Wherefore the Commons cannot agree to the Day appointed by your Lordships for the Trial of the Earl of Orford.

"As to your Lordships Message at the same Time, relating to the Earl of Portland and Charles Lord Halifax; the Commons take the same to be without Precedent, and unparliamentary; and conceive your Lordships frequent Repetition thereof, in so short a Time, after the Commons had transmitted to your Lordships their Articles against Two of the impeached Lords, and were daily preparing their Articles against the others, manifestly tends to the Delay of Justice, in obstructing the Trials of the impeached Lords, by introducing Disputes, in Breach of that good Correspondence between the Two Houses, which ought inviolably to be preserved."

Committee of Impeachments to consider of it.

Upon receiving a Message from the House of Commons, in Answer to a Message sent to them by this House the One and Thirtieth of May last:

It is ORDERED, That the Lords Committees appointed to consider of the Manner of Proceedings on Impeachments do meet To-morrow, at Nine of the Clock in the Forenoon, to consider the said Message, inspect the Journals, and report to the House what they shall think proper in this Case.

Grosvenor versus Coy.

After due Consideration of what was offered by Counsel, the Two and Twentieth Day of May last, upon the Petition and Appeal of John Grosvenor, from a Decree of Dismission made in the Court of Chancery, the Eighteenth Day of March One Thousand Seven Hundred, on the Behalf of Colonel John Coy; as also upon the Answer of the said Colonel John Coy put in thereunto:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Grosvenor shall be, and is hereby, dismissed; and that the Decree therein complained of shall be, and is hereby, affirmed.

Glynn versus Quick.

The Lord Chief Justice of His Majesty's Court of King's Bench brought up a Writ of Error, wherein William Glynn is Plaintiff, and Alexander Quick Defendant; and made his Obeisances in the usual Manner.

L. Fitzwilliams versus Sir C. Barrington's Bill.

Upon reading the Petition of William Lord Fitzwilliams; praying to be heard, against a Bill now depending in this House, intituled, "An Act to enable Sir Charles Barrington Baronet to settle a Jointure, and make Provision for his Younger Children:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of William Lord Fitzwilliams shall be, and is hereby, rejected.

Badger versus Lloyd, in Error:

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House the Nineteenth Day of March last, wherein Judgement is entered, for John Badger, against Thomas Lloyd, with the Affirmance thereof in the Exchequer Chamber:

After Consideration had of what was offered by Counsel on either Part thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement, given for John Badger against Thomas Lloyd, shall be, and is hereby, affirmed; and that the said Writ of Error and the Transcript thereof be remitted to the Court of King's Bench, to the End the said (fn. 1) John Badger may have Execution of the said Judgement, as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Record to be remitted, followeth; (videlicet,)

Judgement affirmed.

"Et postea, scilicet, Vicesimo Sexto Die Martii Anno Regni dicti Domini Regis nunc Decimo Tertio, Transcript. Record. & Process. præd. inter Partes præd. de Placitis præd. cum omnibus ea tangen. Prætextu cujusdam Brevis dicti Domini Regis de Error. corrigend. per præfat. Thomas Lloyd in Præmiss. prosecut. dicto (fn. 2) Domino Regi in præsenti Parliamento apud Westmonaster. prædict. a prædict. Cur. dicti Domini Regis hic, coram ipso Rege, transmiss. fuit; prædictusque Thomas Lloyd, in eadem Cur. Parliamenti comparens, diversas Materias huic Transscript. annexat. & Errores, pro Revocatione & Adnullatione Judicii præd. assignavit; ad quod præd. Joh'es Badger, in eadem Cur. Parliamenti, scilicet, comparens, placitavit, quod nec in Record. & Process. præd. nec in Redditione & Affirmatione Judicii præd. in (fn. 3) nullo est Erratum: Super quo, Dies dat. est præfat. Joh'i Badger in Cur. Parliament. præd. ad audiend. Errores in Record. & Process. præd. assignat. usque Quintum Diem Junii, Anno Regni dicti Domini Regis nunc Decimo Tertio supradict.; idem Dies dat. est præfat. Thomæ Lloyd: Postmodumque, ad eundem Quintum Diem Junii, Anno Decimo Tertio supradict. in eadem Cur. Parliamenti apud Westmonaster. præd. ven. Partes præd.; super quo, in & per Cur. Parliament. præd. diligenter examinat. & plenius intellect. tam Record. & Process. præd. ac Judic. & Affirmation. inde super eisdem reddit. quam præd. Causis pro Error. per præfat. Thom. assignat. & allegat. videbatur eidem Cur. Parliament. præd. quod Record. illud in nullo vitiosum aut defectivum existit, ac quod Record. illud in nullo est Errat.: Ideo per eandem Cur. Parliamenti præd. considerat. est, quod Judicium prædict. in prædicta Curia dicti Domini Regis coram ipso Rege reddit. necnon Affirmatio ejusdem Judicii in (fn. 4) Camera Scaccarii dicti Domini Regis in omnibus (fn. 3) affirmetur, & in omni suo Robore starent & Effectu; dictis Causis & Materiis pro Error. per præfat. Thom. assignat. & allegat. in aliquo non obstantibus; et quod Record. præd. nec non Process. præd. a Cur. Parliamenti præd. præd. Quinto Die Junii remittantur; & quod præd. Joh'es Badger haberet inde separales Executiones suas versus præfat. Thomam, juxta Form. & Effect. Judicii præd. in præd. Cur. dicti Domini Regis coram ipso Rege reddit. necnon Affirmation. ejusdem Judicii præd. in (fn. 4) Camera Scaccarii dict. Domini Regis; dict. Breve de Error. & Processu super inde in dict. Cur. Parliament. prius habit. in aliquo non obstant.; ac super inde Record. & Process. præd. Cur. dicti Domini Regis per Cur. Parliamenti præd. coram dict. Domino Rege, ubicunque &c. remittentur in eadem Cur. dicti Domini Regis coram ipso Rege jam residen. &c."

Adjourn.

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

Sabbati, 28° Die Junii, 1701, Hitherto examined by us,

Warrington.
Colepeper.
Jeffreys.