House of Lords Journal Volume 16: 11 June 1701

DIE Mercurii, 11 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Chancery Lane, Way out of, Bill to amend the Act for.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making good the Deficiency of the Charges of making a Way out of Chancery Lane into Lincolne's Inn Fields."

ORDERED, That the Consideration of the said Bill be committed to the Lords following:

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

West-Kirby Bill.

The Amendments made by the House of Commons to the Bill, intituled, "An Act for vesting the Estate of Thomas Bennet, late of Newton cum Larton, in the County of Chester, in Trustees, for the Use of the Poor of West Kirby, pursuant to the Will of the said Thomas Bennet," were read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Resolutions upon Commons Message about adjusting Preliminaries to Trials of impeached Lords: No Lord upon his Trial on an Impeachment for High Crimes, &c. to be without the Bar:

The Message received Yesterday from the House of Commons, was read.

And, after Debate of the several Particulars contained in it, this Question was proposed, "That no Lord of Parliament, impeached of high Crimes and Misdemeanors, and coming to his Trial, shall, upon his Trial, be without the Bar."

Then the previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Protest against that Question.

"Dissentient,

"Because, however reasonable this Proposition may appear to us; yet we conceive it very improper to determine it, before we have heard what the Commons can say upon it.

"Nottingham.
Weymouth.
Rochester.
Abingdon.
H. London.
Guilford.
Jonat. Exon.
Tho. Roffen.
Torrington."

Then the main Question was put, "That no Lord of Parliament, impeached of high Crimes and Misdemeanors, and coming to his Trial, shall, upon his Trial, be without the Bar?"

It was Resolved in the Affirmative, nemine contradicente.

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, nemine contradicente, That no Lord of Parliament, impeached of high Crimes and Misdemeanors, and coming to his Trial, shall, upon his Trial, be without the Bar."

Lord impeached, not to be precluded from voting, except on his own Trial.

Then, after further Debate, this Question was proposed, "That no Lord of Parliament, impeached of high Crimes and Misdemeanors, can be precluded from voting on any Occasion, except in his own Trial?"

Then the previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put, "That no Lord of Parliament, impeached of high Crimes and Misdemeanors, can be precluded from voting on any Occasion, except in his own Trial?"

It was Resolved in the Affirmative.

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That no Lord of Parliament, impeached of high Crimes and Misdemeanors, can be precluded from voting on any Occasion, except in his own Trial."

Committee of Impeachments to draw an Answer to Commons Message about those Matters.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee appointed to consider of the Method of Proceedings on Impeachments do meet To-morrow, at Ten of the Clock in the Forenoon; and do draw an Answer to the Message received Yesterday from the House of Commons, upon the Resolutions of the House this Day; and that the Committee do assert in their Answer, "That, by the Journals of this House, it doth not appear the Lords impeached have voted, as is inserted in the Commons Message."

Message from H. C. insisting on a Committee of both Houses being appointed, to adjust the Preliminaries to the Trials of the impeached Lords; desiring a Conference on that Head; and complaining that no Place is named for the Trial of Lord Somers:

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

To acquaint this House, "That the Commons, on Monday last, received a Message from your Lordships, That your Lordships had appointed the Trial of John Lord Sommers upon Friday next, on their Impeachment against him; in which, they observe, your Lordships have not nominated any Place for his Trial, though your Lordships thought fit to make that Matter, on the last Impeachment for Misdemeanor, the Subject of a long Debate.

"And they cannot but take Notice, that your Lordships have taken as long a Time to give your Answer to the Commons Desire of a Committee of both Houses, delivered at a Conference on Friday last, as you are pleased to allow the Commons to have of the Day appointed by your Lordships for the said Trial.

"Your Lordships appointing so short a Day, especially whilst the Proposition made to your Lordships for a Committee of both Houses was undetermined, the Commons take to be such a Hardship to them, and such an Indulgence to the Person accused, as is not to be paralleled in any Parliamentary Proceeding.

"The Commons must likewise acquaint your Lordships, that their Experience of the Interruption of a former Trial, on an Impeachment for Misdemeanor, for Want of settling the Preliminaries between the Two Houses, obliges them to insist on a Committee of both Houses, for preventing the like Interruption; and, they conceive, it would be very preposterous for them to enter upon the Trials of any of these Lords, till your Lordships discover some Inclination to make the proceeding thereupon practicable; and therefore they think they have Reason to insist on another Day to be appointed for the Trial of the Lord Sommers: And the Commons doubt not but to satisfy your Lordships, at a Free Conference, of the Necessity of having a Committee of both Houses, before they can proceed upon the said Trial."

Debate adjourned on Commons Message.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate, which arose upon the Commons Message received this Day, shall be adjourned to To-morrow, Eleven a Clock; and no other Business to intervene; and all the Lords summoned to attend.

American Plantations, Bill to reunite Governments of to the Crown.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee, upon the Bill, intituled, "An Act for re-uniting to the Crown the Government of several Colonies and Plantations in America," To-morrow, at Eleven of the Clock; and that the Earl of Bathe, and others in his Petition mentioned, shall be heard, by their Counsel, at the said Committee.

Dean and Tipping's Bills; Committees shortened.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees appointed to consider of the Bill, intituled, "An Act for Sale of the Estate of James Deane; and for securing the Monies arising thereby, for the Benefit of himself and Family, according to the Settlement thereof;" as also, the Bill, intituled, "An Act for vesting the Estate of Lucretia Tipping, an Infant, in Trustees, that they, upon her Marriage, may settle the same for a Portion, upon a Settlement to be made upon her and her Issue," shall meet on Friday next, at Ten of the Clock in the Forenoon.

Allen versus Att. of Dutchy.

Whereas Thursday the Nineteenth Day of this Instant June was appointed for hearing of the Cause wherein Thomas Allen is Appellant, and His Majesty's Attorney General of the Dutchy Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cause shall be heard on Monday the Sixteenth Instant, the First Business.

Trevisa's Bill.

The Earl of Warrington reported from the Lords Committees, the Bill, intituled, "An Act for discharging a Mortgage upon the Estate of Peter Trevisa Esquire, deceased, and providing a Maintenance for his Widow and Children," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging a Mortgage upon the Estate of Peter Trevisa Esquire, deceased, and providing a Maintenance for his Widow and Children."

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

It was Resolved in the Affirmative.

ORDERED, 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 was brought from the House of Commons, by Mr. Brotherton and others:

With a Bill, intituled, "An Act to enable Sir Thomas Stanley Baronet to charge certain Manors and Lands in the County of Lancaster, with Three Thousand Pounds, for the Payment of his Sisters Portions and his Debts;" to which they desire the Concurrence of this House.

Sir Thomas Stanley's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Stanley Baronet to charge certain Manors and Lands, in the County of Lancaster, with Three Thousand Pounds, for the Payment of his Sisters Portions and his Debts."

Adjourn.

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