House of Lords Journal Volume 16: 7 June 1701

DIE Sabbati, 7 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Militia Bill.

Hodie 1^a & 2^a vice lecta est Billa, intituled, "An Act for raising the Militia of this Kingdom for One Year, although the Month's Pay formerly advanced be not re-paid."

ORDERED, That the said Bill be read the Third Time on Tuesday next.

Double Returns, &c. to prevent Bill.

Hodie 3^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."

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.

Proceedings on Impeachments, Report of Precedents of.

The Earl of Stamford reported from the Lords Committees appointed to consider of the Manner of Proceedings on Impeachments, "That they have inspected the Journals, and ordered him to report the Precedents following; (videlicet,)

"16° April 1624. Report is made of the Commons Complaint, and Charge, at a Conference against the Earl of Middl'x Lord Treasurer.

"24th April 1624. Ordered, That the Lord Treasurer shall appear on Thursday next, at Nine o'Clock, to answer his Charge at the Bar; and that, if he hath any Witnesses to be examined, they may, in the mean Time, be sworn and examined.

"27° April. The Lord Treasurer petitioned, That his Witnesses might not be examined till he hath answered: But the House did not think fit to alter the Day.

"28th April. The Lord Treasurer desires the Interrogatories to his Witnesses may be respited till he hath answered, and that he may have Copies of the Depositions taken on both Sides.

"His Lordship was answered, That his Desire is so unfit, as the Lords think him ill advised to make such a Request; and, according to the former Order, expect his Appearance To-morrow, and to hear such Answer as he shall make.

"29th April. The Lord Treasurer petitions, That, in regard of his being indisposed, he may have a further Day for presenting his Answer.

"The House, in respect of his Indisposition, is pleased to respite his Appearance this Day; but enjoin, that Saturday next he brings in his Answer, according to former Orders. And the Lords do peremptorily assign Friday the Seventh Day of May for his Appearance in Person, and for the final hearing and determining of the Cause.

"7th May, The Lord Treasurer was accordingly brought to the Bar, and the Trial proceeded."

"30th August 1641. The Earl of Bridgewater was impeached by the Commons.

"6th September 1641. Ordered to answer the Second Tuesday in November.

"27th October 1641. Ordered, to be heard on the Ninth of December.

"2d November 1641. Ordered That the Earl of Bridgewater may answer on the Ninth of November."

"31th March 1642. At a Conference desired by the Commons, they delivered Articles of Impeachment against George Benyon.

"Benyon was ordered to answer in Four Days; and to have Liberty, with his Keeper, to go any where; and had Counsel assigned.

"4th April 1642. Benyon put in his Answer; and then it was ordered, That this Cause against George Benyon, upon the Impeachment of the House of Commons, shall be proceeded in on Wednesday next, at this Bar.

"5th April 1642. A Message was sent to the House of Commons, to acquaint them, That the Lords have appointed to proceed in the Cause against Benyon To-morrow.

"The House of Commons return Answer, That they will send a Committee of their House, to manage their Evidence against Benyon, To-morrow.

"6th April 1642. The Committee of the House of Commons being come, to manage the Evidence against him, had the Articles and his Answer read, &c. and the Trial proceeded."

"5th July 1642. Sir Richard Gurney Lord Mayor, was impeached, at a Conference; and brought to the Bar, and heard the Articles read; had Counsel allowed him, and was ordered to answer on Friday next.

"8th July. He delivered in his Answer; which was read, and the Cause was ordered to be heard on Monday next; and the Commons were acquainted therewith by Message.

"11th July. The Commons, at a Conference, deliver in a further Impeachment against him; and the Articles were read to him at the Bar; and he desired Counsel, which was allowed; and he had Time given him to answer till To-morrow Sevennight.

"19th July. Sir Richard Gurney put in his Answer; and the same Day it was ordered, That this House will proceed against him on Friday next, on both the Impeachments; and the House of Commons are then to produce all their Proofs to prove the said Impeachments; and a Message was sent to the Commons, to acquaint them with the said Order.

"22th July. The Committee of Commons being come to manage the Evidence, the Trial was proceeded in."

"17th July 1645. The Earl of Stamford desiring Time to put in his Answer to the Impeachment of the House of Commons against him; it was ordered, he put in his Answer on Monday next.

"21th July. The Earl of Stamford delivered in his Answer; which was read, and ordered to be heard, at the Bar, on Friday next; and the Commons were acquainted therewith by Message.

"25th July. A Message from the Commons, to desire another Day for hearing the Cause of the Earl of Stamford's Impeachment, because they cannot be ready this Day.

"Eodem Die. A Message to the Commons, That they have appointed Monday next; and in regard it concerns his Lordship so much, their Lordships have appointed so short a Day.

"26th July. 1645. A Message from the Commons, to desire a further Day, in regard their Witnesses cannot be ready.

"28th July. Ordered, That the Earl of Stamford's Business shall be heard the First Tuesday after Michaelmas.

"30th September. The Cause of the Earl of Stamford, upon the Impeachment of the House of Commons, was heard; a Committee of the Commons managing the Evidence against him."

"21th December, 1680. Edward Seymour Esquire was impeached of high Crimes, and the Articles were brought up against him; he had the Articles read to him, and ordered to answer.

"23d December. He delivered in his Answer.

"3d January. Mr. Seymour petitions for a speedy Trial.

"Whereupon a Message was sent to the House of Commons, That the House, finding no Issue joined by Replication from the House of Commons, thought fit to give them Notice thereof.

"8th January. Ordered, That Saturday the Fifteenth is appointed for the Trial of Mr. Seymour."

Answer to the Message from H. C. about Proceedings on Impeachments.

Upon Consideration of the Precedents abovementioned:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees appointed to consider of the Manner of Proceedings on Impeachments do meet on Monday next, at Ten a Clock in the Forenoon, to draw an Answer to be sent to the House of Commons, to their Message received the Fifth Instant.

Adjourn.

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