House of Lords Journal Volume 16: 12 June 1701

DIE Jovis, 12 Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

The Lord Mohun reported from the Lords Committees, the Bill, intituled, "An Act for making good the Deficiency of the Charges of making a Way out of Chancery Lane into Lincolne's Inn Fields," as fit to pass, without any Amendment.

Hodie 3^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."

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.

Herne's Bill.

The Lord Mohun also reported from the Lords Committees, the Bill, intituled, "An Act for declaring the Will of Sir Joseph Herne Knight, dated the Five and Twentieth Day of February One Thousand Six Hundred Ninety-eight, to be taken and esteemed the last Will of the said Sir Joseph Herne," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act for declaring the Will of Sir Joseph Herne Knight, dated the Five and Twentieth Day of February One Thousand Six Hundred Ninety-eight, to be taken and esteemed the last Will of the said Sir Joseph Herne."

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 to H. C. in Answer to their Message about impeached Lord being without the Ear at their Trial; and about their voting whilst their Impeachment is depending.

The Earl of Stamford reported from the Lords Committees (appointed to consider of the Manner of Proceedings on Impeachments) what was drawn by them, in Answer to a Message from the House of Commons of the Tenth Instant.

Which was read, and agreed to as followeth.

A Message was sent to the House of Commons, by Dr. Newton and Mr. Grey:

To acquaint them, "That, in Answer to the Message from the House of Commons of the Tenth Instant, the Lords say, That although they take it to be unparliamentary in many Particulars; yet, to shew their real Desire of avoiding Disputes, and removing all Pretence of delaying the Trials of the impeached Lords, they will only take Notice of that Part of their Message, wherein the Commons propose some Things as Difficulties in respect of the Trials; which Matters relating wholly to their Judicature, and to their Rights and Privileges as Peers, they think fit to acquaint the Commons with the following Resolutions of the House of Lords:

"First, That no Lord of Parliament, impeached of High Crimes and Misdemeanors, and coming to his Trial, shall, upon his Trial, be without the Bar.

"Secondly, That no Lord of Parliament, impeached of High Crimes and Misdemeanors, can be precluded from voting on any Occasion, except in his own Trial.

"Their Lordships further take Notice of a Mistake in Point of Fact, alledged in the Message of the Commons; it no Way appearing upon their Journals, that the Lords impeached have voted in their Case.

"The Lords, being well assured, that all the Steps that have been taken by them, in relation to these Impeachments, are warranted by the Practice of their Ancestors, and the Usage of Parliament, have Reason to expect the Trials should proceed without Delay."

Message from thence, for a Conference about the Trials of the impeached Lords.

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

To desire a Free Conference with this House, upon the Subject-matter of the last Conference.

The Commons were called in; and told, "That the Lords will return an Answer by Messengers of their own."

Then the House was adjourned during Pleasure, to robe.

After some Time, the House was resumed.

King present :

His Majesty, being arrayed in His Regal Robes and Crown, attended with His Officers of State, ascended His Royal Throne (the Peers being also in their Robes); commanded the Deputy Gentleman Usher of the Black Rod to signify to the Commons, "It is His Majesty's Pleasure, they attend Him presently."

Who being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills following:

Bills passed.

"1. An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject."

"2. An Act for preventing any Inconveniencies that may happen by Privilege of Parliament."

"3. An Act for appointing Wardens and Assaymasters, for assaying Wrought Plate, in the Cities of York, Exeter, Bristol, Chester, and Norwich."

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

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

"6. An Act for raising the Militia for One Year, although the Month's Pay formerly advanced be not re-paid."

"7. An Act for the recovering, securing, and keeping in Repair, the Harbour of Minhead, for the Benefit and Support of the Navigation and Trade of this Kingdom."

"8. An Act for the better settling and preserving the Library kept in the House at Westminster, called Cotton House, in the Name and Family of the Cottons, for the Benefit of the Public."

To these Bills the Royal Assent was severally pronounced, by the Clerk of the Parliaments, in these Words; (videlicet,)

"Le Roy le veult."

"9. An Act for the more speedy Payment of the Creditors of James late Duke of Ormonde, and of the present Duke of Ormonde."

"10. An Act to enable the Right Honourable Elizabeth Viscountess Bulkley, of Cashells, in the Kingdom of Ireland, to sell certain Lands, in the County of Devon, and City and County of the City of Exon, for the Payment of Debts."

"11. An Act to enable Robert Lord Viscount Kilmorey, of the Kingdom of Ireland, (being an Infant) to settle divers Manors, Lands, and Hereditaments, in the Kingdom of England, upon a Treaty of Marriage."

"12. An Act to enable Sir Charles Barrington Baronet to settle a Jointure, and make Provision for his Younger Children."

"13. An Act to enable Sir Robert Marsham Knight and Baronet to dispose of Lands in Hertfordshire; and to settle other Lands, of better Value, in Kent, to the same Uses as the Lands in Hertfordshire are settled."

"14. An Act for erecting Hospitals and Workhouses within the Borough of King's Lynn, in the County of Norfolke, for the better employing and maintaining the Poor there."

"15. An Act for erecting a Court of Request, or Conscience, in the City and County of the City of Norwich, for the Recovery of small Debts under Forty Shillings."

"16. An Act to enable Stephen Jermyn to make Provision for his Younger Children, and for the Advancement of his Eldest Son."

"17. 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."

"18. An Act for discharging a Mortgage upon the Estate of Peter Trevisa Esquire deceased, and providing a Maintenance for his Widow and Children."

"19. An Act for the more speedy Payment of the Debts of Christopher Killiow Esquire; and for the raising Portions and Maintenance for his Brothers and Sisters, in Pursuance of his Father's Will."

"20. An Act for vesting the Estate of Humphry Hyde Esquire deceased, in Trustees, for raising Portions for his Younger Children."

"21. An Act for furnishing the Town of New Deale with fresh Water."

"22. An Act for vesting a Messuage and Lands in Stevenage, in the County of Hertford, the Estate of Richard Nodes, in Trustees, to be sold, for making a Provision for his Wife and Children, equal to the Provision secured to them out of the said Estate."

"23. An Act for Sale of the Estate of William Davison Esquire deceased, for Payment of Debts, and raising his Childrens Portions charged thereupon."

"24. An Act for separating James Earl of Anglesey from Katherine Countess of Anglesey his Wife, for the Cruelty of the said Earl."

"25. An Act for dissolving the Marriage of Sir John Dillon with Mary Boyle; and for other Purposes therein mentioned."

"26. An Act to dissolve the Marriage of Ralph Box with Elizabeth Eyre; and to enable him to marry again."

"27. An Act for the vesting several Messuages, Lands, and Tenements, belonging to John Fawconer Esquire, in Trustees, to be sold, for Payment of Debts."

"28. An Act for transferring a Trust in Lands, belonging to the City of London, unto new Trustees."

"29. An Act for removing the County Gaol of Hertford."

"30. An Act for the better Performance of the last Will of Henry Apsley Esquire deceased."

"31. 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."

"32. An Act to enable William Vaughan Esquire and Frances Vaughan his intended Wife (being both under the Age of One and Twenty Years) to perform Articles made for their Marriage."

"33. An Act to change the Surname of Ellis Mews and his Heirs to the Surname of St. John."

"34. An Act for making good the Deficiency of the Charges of making a Way out of Chancery Lane into Lincolne's Inn Fields."

"35. An Act for declaring the Will of Sir Joseph Herne Knight, dated the Five and Twentieth Day of February One Thousand Six Hundred Ninety-eight, to be taken and esteemed the last Will of the said Sir Joseph Herne."

"36. An Act for naturalizing Jane Barkstead Widow; and vesting several Mortgages and Securities in her, to enable her to convey or assign the same."

"37. An Act for naturalizing Archibald Arthur, and enabling him to dispose of his Estate."

"38. An Act for naturalizing Jacob Auguste Pyniot and others."

"39. An Act for naturalizing Adrian Lofland and others."

To these Bills the Royal Assent was severally pronounced, by the Clerk of the Parliaments, in these Words; (videlicet,)

"Soit fait come il est desiré."

St. Martin's Ground Bill, rejected.

"An Act for the better improving a certain Piece of Ground in St. Martin's in the Fields; and for other Purposes therein mentioned."

To this Bill the Answer was,

"Le Roy se avisera."

Then His Majesty was pleased to say as follows; (videlicet,)

King's Speech:

"My Lords and Gentlemen,

"I return you My hearty Thanks, for the Care you have taken to establish the Succession to the Crown in the Protestant Line: And I must not lose this Occasion of acquainting you, that I am likewise extremely sensible of your repeated Assurances of supporting Me, in such Alliances, as shall be most proper for the Preservation of the Liberty of Europe, and for the Security of England and Holland. Your ready Compliance with My Desires, as to the Succours for The States General, is also a great Satisfaction to Me, as well as a great Advantage to the common Cause: And as I have nothing so much at Heart, as the Preservation of the Liberty of Europe, and the Honour and Interest of England; so I make no Doubt of attaining those great Ends, by the Blessing of God, and the Continuance of your chearful Concurrence.

"My Lords and Gentlemen,

"The Season of the Year makes it necessary to have a speedy Recess; and the Posture of Affairs Abroad does absolutely require My Presence, for the Encouragement of our Allies, and for the Perfecting of such Alliances as may be most effectual for the common Interest: And therefore I must recommend a Dispatch of the Public Business, especially of those Matters which are of the greatest Importance."

Then His Majesty was pleased to withdraw; and the Commons went to their House.

Smith versus Mallock's Bill.

Upon reading the Petition of Thomas Smith and others, being the Trustees of Rawlin Mallock, late of Cockington Esquire, the Elder, deceased; praying to be heard against Rawlin Mallock's Bill:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard at the Committee appointed to consider of the said Bill.

Bigg's Bill.

ORDERED, That the Committee appointed to consider of Richard Bigg's Bill shall meet on Saturday next, at Eleven a Clock.

L. Somers's Trial appointed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Lord Sommers shall be tried, in Westminster Hall, upon the Articles of Impeachment against him, on Tuesday the Seventeenth Day of this Instant June, at Ten of the Clock in the Forenoon.

Answer to be drawn to Commons Message.

ORDERED, That the Committee (appointed to consider of the Manner of proceeding on Impeachments) do meet presently, and draw an Answer to the Message received Yesterday from the House of Commons.

Supply Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, for defraying the Expence of His Navy, Guards, and Garrisons, for One Year, and for other necessary Occasions."

ORDERED, That the said Bill shall be read the Second Time on Tuesday the Seventeenth Day of this Instant June, at Ten a Clock in the Forenoon.

De Launay & al. Nat.

Upon reading the Petition of Joseph de Launay, and several others, disbanded Officers; praying to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitioners may be added to a Bill, in order to be naturalized, as desired.

Union between England and Scotland.

The House being moved, "That a Committee may be appointed, to consider of, and lay before this House, what may be proper to be done, and what hath been done, towards an Union between England and Scotland:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate of this Matter shall be adjourned till To-morrow, Twelve a Clock.

Message to H. C. in Answer to theirs concerning the Trials of the impeached Lords; and acquainting them with L. Somers's Trial being appointed in Westm. Hall.

The Earl of Stamford reported from the Lords Committees appointed to consider of the Manner of Proceedings on Impeachments, what is drawn by them, to be sent to the House of Commons, in Answer to their Message of the Eleventh Instant.

Which was read, and agreed to as followeth.

A Message was sent to the House of Commons, by Doctor Newton and Mr. Gery:

To acquaint them, "That, in Answer to the Message of the House of Commons Yesterday, the Lords say, That they cannot give a greater Evidence of their sincere and hearty Desires of avoiding all Differences with the House of Commons, and of proceeding on the Trials of the Impeachments, than by not taking Notice of the several just Exceptions to which that Message is liable, both as to the Matter and Expressions.

"The Lords have nothing further from their Thoughts, than the going about to do any Thing which might have the least Appearance of Hardship with relation to the Commons.

"But the Answer of the Lord Sommers to the Articles exhibited against him having been sent down to the Commons on the Four and Twentieth of May last; and they having, by their Message of the One and Thirtieth of May, signified to their Lordships their Intention of beginning with the Trial of his Impeachment in the First Place:

"The Lords, considering how far the Session is advanced, thought it reasonable to appoint the Thirteenth Instant for the said Trial; their Lordships finding several Precedents of appointing Trials in Impeachments within a shorter Time.

"The Lords do also think it incumbent upon them, to endeavour to dispatch the Trials of all the impeached Lords before the Rising of the Parliament: This is what Justice requires, and cannot be looked upon as a Matter of Indulgence. Nevertheless, that the Commons may see how desirous their Lordships are to comply with them, in any Thing which may be consistent with Justice, have appointed the Trial of Impeachment against John Lord Sommers on Tuesday the Seventeenth of this Instant June, at Ten of the Clock in the Forenoon, in the House of Lords, which will be then sitting in Westminster Hall."

Message to them, that the Lords agree to a Free Conference about a Committee of both Houses.

A Message was sent to the House of Commons, by Dr. Newton and Mr. Gery:

To acquaint them, that the Lords agree to a Free Conference, as desired; and appoint the same to be To-morrow, at One a Clock, in the Painted Chamber.

L. Howard Eser. Prosecution ordered for Bigamy.

Upon Consideration of the Petition of Charles Lord Howard Baron of Escrick, presented to this House the Eight and Twentieth of May last; praying, "That this House would apply to His Majesty, that he may have a Commission of Review; or else that this House will please to order a Prosecution of the Petitioner, for the Felony so unjustly laid to his Charge, of which this House only are Judges:"

Per Ord. 21th June Instant.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General do prosecute the said Charles Lord Howard Baron of Escrick, according to the Statute, for marrying of a Second Wife, his First Wife being living.

Adjourn.

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