House of Lords Journal Volume 17: 6 February 1702

DIE Veneris, 6 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Holder versus Lucas.

Upon reading the Petition and Appeal of Richard Holder, from Two several Orders made upon hearing of his Cause in Chancery; the first, the Six and Twentieth of October 1700; and the last, the Two and Twentieth of October last, on the Behalf of Thomas Lucas and Barbara Deane, for appointing an Issue at Law to be tried in London, whether the Ship in Question was taken by the French by the wilful Default of Bellamy the Master; and praying the Reversal of the said Orders; and that, in case this House shall think fit to direct any Trial at Law in this Cause, such Trial be had at the Bar of The King's Bench:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Lucas and Barbara Deane may have a Copy of the said Petition; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Friday the Thirteenth Day of this Instant February, at Eleven a Clock in the Forenoon.

Message from H. C. for a Conference on the Bill for Attainder of the pretended Prince of Wales.

A Message was brought from the House of Commons, by Sir Rowland Gwyn and others:

To desire a Conference, upon the Subject-matter of the Amendments made by this House to the Bill, intituled, "An Act for the Attainder of the pretended Prince of Wales, of High Treason."

To which the House agreed.

And the Commons, being called in, were told, "That the Lords agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

The Lords following were named Reporters of the Conference:

The Commons being come to the Conference; the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord Steward reported the Effect of the Conference; (videlicet,)

Conference reported.

"That the Commons could not agree to the Lords Amendments made to the Bill, intituled, An Act for the Attainder of the pretended Prince of Wales, of High Treason: Because it may be of dangerous Consequence, to attaint Persons by an Amendment only; in which Case, such due Consideration cannot be had, as the Nature of an Attainder does require."

Whereupon, it was proposed, "To insist upon the Lords Amendments."

To which the House agreed.

Managers to inspect Precedents of Clauses to Bills of Attainder.

And ORDERED, That the Managers of the Conference with the House of Commons, or any Three of them, do meet To-morrow, and inspect the Journals, in relation to Precedents of Clauses added to Bills of Attainder; and draw up Reasons for their Lordships insisting on their Amendments made to the Bill, intituled, "An Act for the Attainder of the pretended Prince of Wales; of High Treason;" (videlicet,)

Trustees for forfeited Estates in Ireland to bring in an Account of their Proceedings.

Mr. Annesley and Mr. Hooper, Two of the Trustees for Sale of the forfeited Estates in Ireland, attending as ordered, were called in, and said, "That what Books they had were before the House of Commons."

Then withdrew:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Trustees appointed by a late Act of Parliament; for Sale of the forfeited Estates in Ireland, shall and they are hereby required to lay before this House, in Writing, an Account of their Proceedings, pursuant to the late Act of Parliament, on Tuesday next, at Eleven a Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati septimum diem instantis Februarii hora undecima Auroræ, Dominis sic decernentibus.