House of Lords Journal Volume 17: 13 January 1704

Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.

Citation:

'House of Lords Journal Volume 17: 13 January 1704', in Journal of the House of Lords: Volume 17, 1701-1705( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol17/pp365-368 [accessed 23 December 2024].

DIE Jovis, 13 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:



Arch. Cant. Epus. London. Epus. Roffen. Epus. Sarum. Epus. Cestr. Epus. Eliens. Epus. Norwic. Epus. Lincoln. Epus. Cicestr. Epus. Oxon. Epus. Bangor. Epus. St. Asaph.	Ds. Custos Magni Sigilli. Ds. Godolphin, Thesaurarius. Comes Pembroke, Præses. Dux Buckingham, C. P. S. Dux Somerset. Dux Richmond. Dux Southampton. Dux Northumberland. Dux St. Albans. Dux Marlborough. Comes Lindsey, Magnus Camerarius. Comes Carlisle, Marescallus. Comes Jersey, Camerarius. Comes Kent. Comes Derby. Comes Bridgewater. Comes Leicester. Comes Northampton. Comes Manchester. Comes Rivers. Comes Peterborow. Comes Stamford. Comes Winchilsea. Comes Kingston. Comes Carnarvon. Comes Sunderland. Comes Scarsdale. Comes Essex. Comes Anglesey. Comes Feversham. Comes Radnor. Comes Berkeley. Comes Nottingham. Comes Rochester. Comes Abingdon. Comes Holdernesse. Comes Portland. Comes Torrington. Comes Scarbrough. Comes Warrington. Comes Bradford. Comes Romney. Comes Orford. Viscount Townshend. Viscount Weymouth.	Ds. Bergevenny. Ds. Lawarr. Ds. Wharton. Ds. Pagett. Ds. Howard Ess. Ds. North & Grey. Ds. Grey W. Ds. Lovelace. Ds. Poulett. Ds. Mohun. Ds. Byron. Ds. Vaughan. Ds. Culpeper. Ds. Lucas. Ds. Rockingham. Ds. Lexington. Ds. Berkeley. Ds. Cornwallis. Ds. Ossulstone. Ds. Dartmouth. Ds. Guilford. Ds. Cholmondeley. Ds. Ashburnham. Ds. Weston. Ds. Haversham. Ds. Sommers. Ds. Halifax. Ds. Granville. Ds. Gernsey. Ds. Gower. Ds. Conway.

PRAYERS.

Sir John Astley's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir John Astley Baronet to make a Settlement, upon his Marriage, during his Minority; and to enable him to buy in any Rent-charge, or other Incumbrance upon his Estate."

Holworthy, Leave for a Bill.

Upon reading the Petition of Mathew Holworthy Esquire; praying Leave to bring in a Bill, for Sale of Lands in Somersettshire, and purchasing other Lands in Cambridgeshire and Norfolke:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given to bring in a Bill, as desired.

Lamplugh, Leave for a Bill.

Upon reading the Petition of Mary Lamplugh Widow; praying Leave to bring in a Bill, for vesting an Estate in Trustees, pursuant to Marriage Articles, in order to make Provision for Younger Children.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given to bring in a Bill, as desired.

Former, Leave for a Bill.

Upon reading the Petition of Mary Fermer; praying Leave to bring in a Bill, to annul a voluntary Settlement, and for ratifying a Partition made of her Estate:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave to bring in a Bill, as desired.

Boisroud & al. Nat. Bill.

Upon reading the Petition of Henry Boisroud and others; praying Leave to bring in a Bill, for their Naturalization:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, as desired.

Shelton, Recognizance for Scott.

Upon reading the Petition of Edward Scott, praying "That Richard Shelton may enter into Recognizance for him, upon his Appeal depending in this House; he being very aged, and One Hundred Miles from London:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Shelton may enter into a Recognizance for the said Edward Scott, as desired.

Bowyer versus Hatts.

Upon reading the Petition and Appeal of James Bowyer and Elizabeth his Wife, from an Order of the Court of Chancery, of the Ninth of April One Thousand Seven Hundred and Three, on the Behalf of Robert Halts; and praying the Reversal of the said Order, as to what is alledged in the said Appeal:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Halts may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Thursday the Seven and Twentieth Day of this Instant January, at Eleven a Clock in the Forenoon.

Symmes et al. versus E. of Bristol ct al.

Upon reading the Petition and Appeal of Richard Symmes Esquire, Katherine Stocks Widow, John Coggs Citizen and Goldsmith of London, and John Blow Doctor of Music, and Mary Masters, the surviving Executors of Roger Hewett Gentleman, deceased, Creditors by Judgement of Sir William Bassett, late of Claverton, in the County of Somersett, Knight, deceased, on Behalf of themselves, and such others who shall take the Benefit, and contribute towards the Charges thereof, from a Decree made in the Court of Chancery, about the Third Day of July One Thousand Six Hundred Ninety-seven, in, certain Causes, wherein the Earl and Countess of Bristol, and several others, were Plaintiffs; and praying, "That the said Decree, as to the postponing the Petitioners Judgements, in respect of the Mortgages which are subsequent in Time to those Judgements, may be reversed; and that the Petitioners may be let in, to have satisfaction of their said several Judgements, out of the Estate of the said Sir William Bassett, and the Monies raised by Sale thereof, according to the due and legal Course of Payment of Debts and Incumbrances; and that the same may take Place according to their respective Priorities, and be paid and satisfied before such Mortgages as shall appear to be subsequent in Time to the Petitioners said Judgements; and the said several other Creditors, who have Mortgages, or other Securities, subsequent in Time to the Petitioners Judgements:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl and Countess of Bristol, and the other Mortgagees, Judgement or other Creditors, who claim the Benefit of the said Decree made in the said Causes below, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answers thereunto, in Writing, on Thursday the Seven and Twentieth Day of this Instant January, at Eleven a Clock in the Forenoon.

Sir George Wheler's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Sir George Wheler Knight, and Doctor in Divinity, to make Leases of several Houses and Ground, in Channon-Row in Westminster.

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Hiccocks:

To carry down the said Bill, and desire their Concurrence thereunto.

Message from thence, with a Bill, and to return Cholmondeley's.

A Message from the House of Commons, by Sir John Thorold and others:

Who brought up a Bill, intituled, "An Act to enable Robert Cawdron Esquire to settle Part of his Estate (which he has improved), for raising Portions for his Younger Children;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons by the Lord Hyde and others:

To return the Bill, intituled, "An Act for naturalizing Elizabeth Cholmondeley Wife of George Cholmondeley Esquire;" and to acquaint this House, that they have agreed to the same, with One Amendment.

Which, being read Thrice, was agreed to; and ORDERED, That the Commons have Notice thereof.

L. Dillon's Bill.

The Lord Lawarr reported from the Lords Committees, the Bill, intituled, "An Act for Sale of Part of the Estate of Henry Lord Viscount Dillon, in the Kingdom of Ireland, for Payment of his Debts; and for settling an Equivalent, in other Part of his Estate, on the Viscountess his Wife, for her Jointure," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Malt, &c. Duties, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting an Aid to Her Majesty, by continuing the Duties upon Malt, Mum, Cyder, and Perry, for One Year."

Foote's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Arabella Foote to lay out Monies belonging to her Son Topham Foote, in Purchases of Lands for his Benefit."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)



Comes Pembroke, Pr. Dux Somersett. Comes Carlisle, Marescallus. Comes Jersey, Camerarius. Comes Kent. Comes Bridgewater. Comes Northampton. Comes Manchester. Comes Rivers. Comes Peterborow. Comes Stamford. Comes Winchilsea. Comes Kingston. Comes Sunderland. Comes Sandwich. Comes Feversham. Comes Radnor. Comes Berkeley. Comes Nottingham. Comes Rochester. Comes Abingdon. Comes Portland. Comes Scarbrough. Comes Warrington. Comes Bradford. Comes Romney. Comes Orford. Viscount Townshend. Viscount Weymouth.	Arch. Cant. Epus. London. Epus. Roffen. Epus. Sarum. Epus. Norwic. Epus. Lincoln. Epus. Oxon. Epus. Bangor. Epus. St. Asaph.	Ds. Bergevenny. Ds. Lawarr. Ds. Wharton. Ds. North & Grey. Ds. Grey W. Ds. Lovelace. Ds. Poulett. Ds. Mohun. Ds. Byron. Ds. Culpeper. Ds. Lucas. Ds. Rockingham. Ds. Berkeley. Ds. Dartmouth. Ds. Stawell. Ds. Guilford. Ds. Ashburnham. Ds. Haversham. Ds. Sommers. Ds. Halifax. Ds. Granville. Ds. Gernsey.

Their Lordships, or any Five of them; to meet on Thursday the Seven and Twentieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Frampton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better vesting in Giles Frampton Esquire the Manor and Farm of Moreton, alias Morton, and Hurst, in the County of Dorsett, in Possession; and for the better securing the same, and the other Manors, Farms, Messuages, Lands, Tenements, and Hereditaments, late of Willam Frampton Esquire, deceased, to him the said Giles Frampton, and such as are entitled in Remainder after him, upon the Death of Tregonnel Frampton Esquire."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees abovenamed; who are to meet on the said Bill at the Time and Place aforesaid.

Address of H. C. complaining of this House examining Conspirators, &c. considered.

The Order being read, for taking into further Consideration (pursuant to the Order Yesterday) a Matter of the highest Consequence relating to the Privileges of this House, and the Constitution of the Government of this Kingdom; and Debate thereupon:

Lords declare their Right to examine Persons, and order them into Custody:

The House came to the following Resolutions; (videlicet,)

"1. It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That, by the known Laws and Custom of Parliament, this House hath an undoubted Right to order Persons, so to be examined, to be taken into the Custody of Her Majesty's sworn Officers attending this House, during such Examination; or to commit them to any other safe Custody that they shall think proper; and to restrain others, if they see Cause, from having Access to, or Communication with them."

and that the Address of H. C. is unparliamentary, groundless, &c.:

"2. It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Address of the House of Commons, presented to Her Majesty the Three and Twentieth of December last, is unparliamentary, groundless, and without Precedent, and highly injurious to the House of Peers, tending to interrupt a good Correspondence between the Two Houses, and to create an ill Opinion in Her Majesty of this House, and of dangerous Consequence to the Liberties of the People, the Privilege of Parliament, and Constitution of this Kingdom."

Committee to prepare a Representation about it.

Then, Lords Committees were appointed to Draw an humble Representation to be laid before Her Majesty, from this House, upon the Resolutions, Proceedings, and Debate in this House, upon a Matter of the highest Consequence, relating to the Privileges of this House, and the Constitution of the Government of this Kingdom; and report to the House; (videlicet,)



Ds. Godolphin, Thesaurarius. Comes Pembroke, Præses. Dux Buckingham, C. P. S. Dux Somerset. Dux Richmond. Dux Northumberland. Dux St. Albans. Dux Marlborough. Comes Lindsey, Magnus Camerarius. Comes Kent. Comes Derby. Comes Bridgewater. Comes Leicester. Comes Northampton. Comes Manchester. Comes Rivers. Comes Peterborow. Comes Stamford. Comes Winchilsea. Comes Kingston. Comes Carnarvon. Comes Sunderland. Comes Scarsdale. Comes Sandwich. Comes Essex. Comes Anglesey. Comes Feversham. Comes Radnor. Comes Berkeley. Comes Nottingham. Comes Rochester. Comes Abingdon. Comes Holderness. Comes Portland. Comes Scarbrough. Comes Warrington. Comes Bradford. Comes Romney. Comes Orford. Viscount Townshend. Viscount Weymouth.	Arch. Cant. Epus. London. Epus. Roffen. Epus. Sarum. Epus. Cestr. Epus. Eliens. Epus. Norwic. Epus. Lincoln. Epus. Cicestr. Epus. Oxon. Epus. Bangor. Epus. St. Asaph.	Ds. Bergevenny. Ds. Lawarr. Ds. Wharton. Ds. Pagett. Ds. Howard Eff. Ds. North & Grey. Ds. Grey W. Ds. Lovelace. Ds. Poulett. Ds. Mohun. Ds. Byron. Ds. Vaughan. Ds. Culpeper. Ds. Lucas. Ds. Rockingham. Ds. Lexington. Ds. Cornwallis. Ds. Ossulstone. Ds. Dartmouth. Ds. Stawell. Ds. Guilford. Ds. Cholmondeley. Ds. Ashburnham. Ds. Weston. Ds. Haversham. Ds. Sommers. Ds. Bernard. Ds. Halifax. Ds. Granville. Ds. Gernsey. Ds. Gower. Ds. Conway.

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

Grainge's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Joseph Grainge Esquire and Elizabeth his Wife in Trustees, to be sold; and to dispose of the Monies arising by such Sale, pursuant to their Marriage Settlement."

Mrs. Packer's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making some Provision for, and settling the Fortune of, Anne Packer, in Trustees, for the Purposes therein mentioned."

L. Carteret's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting several Estates in the Countries of Cornwal and Devon, and several Leasehold Estates, in Trustees, to be sold, for raising Portions for the Younger Children of George Lord Carteret, deceased; and for laying out the Overplus of the Money raised by such Sales in Purchase of other Lands."

ORDERED, That the Consideration of the said Bill be committed to the same Committee to whom the Bill, intituled, "An Act to enable Arabella Foote to lay out Monies belonging to her Son Topham Foote, in Purchases of Lands for his Benefit," is referred; who are to meet on Friday the Eight and Twentieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

E. Montagu's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling and confirming several Exchanges with Ralph Earl Montagu, of several Lands and Common of Simon Motton, and others, lying in Gedington, in the Country of Northampton, for several Lands of the said Earl's, lying near to the same; and for confirming several Agreements relating to the said Exchanges."

ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom Arabella Foot's Bill is committed; whose Lordships, or any Five of them, are to meet on the said Bill, on Friday the Eight and Twentieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Kopp's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Kopps."

ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom Arabella Foot's Bill is committed; whose Lordships, or any Five of them, are to meet on the said Bill on Saturday the Fifteenth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.