House of Lords Journal Volume 16: 21 June 1701

DIE Sabbati, 21 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Haversham to be acquitted, if his Charge is not prosecuted by the Commons before the End of the Session.

The House being moved, "To consider what is fit to be done, in relation to the Charge of the House of Commons against John Lord Haversham:"

And after due Consideration thereof; and the Lord Haversham desiring to be prosecuted; it was proposed as follows:

"That the Answer of John Lord Haversham, to the Charge sent up against him by the House of Commons, having been sent down to that House; it is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That, unless the said Charge shall be prosecuted against the said Lord Haversham, with Effect, by the Commons, before the End of this Session of Parliament, the Lords will declare and adjudge him wholly innocent of the said Charge."

Then this Question was put, "Whether this Resolution shall be agreed to?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

1. Because, the Justice of our Judgement of acquitting the Lord Sommers depending on our Right to name a peremptory Day, I do conceive that, by this Vote, that Right is violated; the Commons being by it allowed to declare when they are ready to prosecute, before any Day is by us named.

2. Because, having thought sit to name a Day for the Impeachment of the Lord Sommers; to be consistent to ourselves, we ought to pursue the same Methods: Nor does this being a Charge only alter the Case; for what is done in Matters of greater Moment, may safely be pursued in Cases of less Concern.

3. Because to me there does not seem any Need of farther Prosecution on the Commons Part in this Matter; the Fact and the Nature of it being both fully before us.

"North & Grey."

E. of Orford's Witnesses to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir David Mitchel, Sir Edward Harrison, George Dorrington Esquire, Joseph Burchet Esquire, Captain George Bynns, Brooke Bridges Esquire, George Cornwal Esquire, Captain Griffitb, Holmes, Edward Hayman, and Traverse Esquire His Majesty's Surveyor General, do and they are hereby required to attend this House on Monday next, at Ten of the Clock in the Forenoon, as Witnesses on the Behalf of Edward Earl of Orford.

Public Accompts, Commissioners to take, &c. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned."

After Debate;

The Question was put, "Whether this Bill shall be now read a Second Time?"

It was Resolved in the Affirmative.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned."

ORDERED, That the said Bill be committed to a Committee of the whole House, on Monday next.

Pascal, Whitaker, and Col. Leighton, to be heard about it.

Upon reading the Petition of John Pascall Esquire; praying to be heard to a Clause in the Bill, intituled, "An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by his Counsel, as desired, on Monday next, at Ten a Clock, in the Committee of the whole House to whom the said Bill stands committed.

Upon reading the Petition of Edward Whitaker Gentleman; praying, "That he may be heard, by his Counsel, to a Clause in the Bill, intituled, An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, as desired, on Monday next, at Ten a Clock.

Upon reading the Petition of Colonel Baldwin Leighton; praying a Clause may be added to the Bill, intituled, "An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be considered, in the Committee of the whole House, on Monday next.

L. Howard Esc. Prosecution of, for marrying a Second Wife, his First living.

The House being moved, on the Behalf of Mr. Attorney General, "That he finds some Difficulty in the Prosecution of the Lord Howard of Escrick upon the Statute of Poligamy; it being pardoned by the General Pardon, and a Penalty upon any Person who shall prosecute contrary to that Act:"

The Order of the Twelfth of June was read, in this Case, and this Alteration was made by the House; (videlicet,) instead of ["for Bigamy"], insert ["according to the Statute, for marrying of a Second Wife, his First Wife being living."]

Then it was moved, "That an Address be made to His Majesty, to desire Him to grant a Commission of Review, in the Case of the Lord Howard and Lady Incbiquin."

After Debate;

The Question was put, "Whether this House shall address to His Majesty, to desire Him to grant a Commission of Review, in the Case of the Lord Howard and Lady Inchiquin?"

The Question being put; and the Votes, with the Proxies, being equal; and it being said, "That the Lord Dudley was dead, whose Proxy was used;" and a Debate arising thereupon:

It is ORDERED, That the Declaration of this Vote be respited until Tuesday next, at Eleven a Clock, to the End the House may be further satisfied touching the Truth of that Matter.

Votes of the House of Commons reflecting on this House.

A Complaint being this Day made of certain printed Votes of the Commons, dated the Twentieth Instant, wherein there are several Things highly reflecting on the House of Peers:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration thereof shall be adjourned to Monday next; and all the Lords summoned to attend, with special Notice of this Order.

E. Marshal's Precedency.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Report of what was offered by Counsel this Day, at the Bar, in relation to the Precedency claimed by the Earl of Carlisle, as Earl Marshal of England, be made on Monday next.

Adjourn.

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