House of Lords Journal Volume 20: 7 June 1717

DIE Veneris, 7 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir H. Liddell versus Bp. of Durham; the Bishop not to resume Privilege.

The Earl of Stamford reported from the Lords Committees for Privileges, to whom the Consideration of the Petition of Sir Henry Liddell Baronet, was referred; praying, "That he may be at Liberty to tax and recover his Costs at Law, and in the Court of Chancery, so far as the Decree of the said Court related to the establishing the Boundaries of his Manor; and that this House will declare, that the Lord Bishop of Durham hath no Right to any Privilege against the Petitioner's Proceedings in this Case: That it appears, by the Allegations of the said Petition, which were, by a Person at the Bar who acknowledged himself the said Lord Bishop's Solicitor, admitted to be true, That the said Lord Bishop did bring his Action of Ejectment, in his Lordship's Court of Pleas at Durham, against a Tenant of the Petitioner's, and thereby brought in Question, not only the ancient Boundaries of the Petitioner's Manor, but also his Right to The Great Moor, or Waste, in the Petition mentioned; and that the Petitioner, for the necessary Defence of his Title, did exhibit his Bill in Chancery, for ascertaining the said Boundaries; and the Cause, on the 20th of April 1716, was heard in the Court of Chancery, at which Time the Parliament was sitting; and an Issue was directed, to try the said Boundaries, by a Special Jury, in the County of York; which Trial was had on the 7th of August following: And the said Hearing in Chancery, and Trial at Law, were consented to by the said Lord Bishop of Durham, though his Lordship has since and still declares he will insist on his Privilege.

"That the Committee have inspected Precedents, in relation to Matters of Privilege formerly in Question before this House; and are of Opinion, "That the Lord Bishop of Durham, having waived his Privilege in Manner abovementioned, ought not to resume the same."

Which Report, being read by the Clerk, was agreed to by the House.

Richmond, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Susanna Richmond and her Infant Son was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Newman et al. Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of William Newman Esquire and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Edinburgh, Duty on Ale, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Edinburgh and the Privileges thereof, for the Benefit of the said City; and for discontinuing the Payment of the Dues commonly called the Petty-port Customs at Edinburgh, during the Continuance of this Act."

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

Nugent's Bill.

The Lord Coningesby reported from the Committee, to whom the Bill, intituled, "An Act to enable Susanna Catherina Nugent to sue for, recover, and hold, the Portion of Fourteen Hundred Pounds, provided for out of Her Father's Estate, notwithstanding her Coverture, and the Outlawry of her Husband Hyacintbus Nugent Esquire," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Annesley's Appeal from the Lords in Ireland, not to be received, complaining only of Errors; and not of Want of Jurisdiction in that House.

The House (according to Order) proceeded to take into further Consideration the Report made by the Committee appointed to consider the Petition and Appeal of Maurice Annesley Esquire, complaining of a Decree of the House of Lords in Ireland, the 19th of June 1716, upon an Appeal of Hester Sherlock, to that House, from several Decrees made in the Court of Exchequer in that Kingdom.

And the said Report was read.

And due Consideration had thereof:

Ordered, That the said Appeal, complaining only of the Errors of the Decree, and not of the Want of Jurisdiction of the House of Lords in Ireland, shall not be received; but without Prejudice to the Appellant's bringing a new Appeal, in this or any subsequent Session of Parliament, as he shall be advised.

Rules, &c. in order to E. of Oxford's Trial.

The Earl of Clarendon reported from the Committee, appointed to search Precedents, and report what is further proper to be done, in order to the Trial of the Earl of Oxford, "That they had accordingly inspected Precedents; and offer the Rules and Methods following to the Consideration of the House; (videlicet;)

"That an Address be presented to His Majesty, That He will be pleased to give order, That such Guards do attend, during the Trial of Robert Earl of Oxford and Earl Mortimer, upon the Impeachment exhibited against him by the House of Commons, as hath been usual in Cases of Trials.

"That, on the Day of Trial, the whole Body of the House of Peers meet here, in their Robes, at Nine of the Clock in the Morning; and that their Lordships do go down into Westm'r Hall, in their Robes, in order to the Trial of the said Earl.

"That the same Method be observed, in going into Westm'r Hall, as was on going thither, upon the 15th of March 1715, to the Trial of the Earl of Wintoun.

"That the Articles of Impeachment exhibited by the House of Commons against the Earl of Oxford, and the Answer of the said Earl, as also the Replication of the Commons thereunto, be read, as soon as the said Earl is brought to the Bar.

"That the Lord High Steward be directed to acquaint the said Earl of Oxford, and all other Persons who may have Occasion to speak to the Court, "That they address themselves to the Lords in general, and not to the Lord High Steward."

"That the Counsel assigned the said Earl of Oxford may be present when he is at the Bar, in order to be heard, touching any Point or Matter of Law, if any such shall arise, upon the Two Articles of Impeachment exhibited against the said Earl for High Treason, or either of them; but that the said Earl may be allowed to make his full Defence, by Counsel, upon the Articles for high Crimes and Misdemeanors, as well to Matters of Fact, as to any Point or Matter of Law which may arise thereon.

"That the Witnesses which shall be produced by the Earl of Oxford, to be examined in his Defence, as well to the Two Articles exhibited against him for High Treason, as to the other Articles for high Crimes and Misdemeanors, shall be examined upon Oath; which Oath shall be administered in like Form as an Oath was directed by this House to be administered to any Witnesses who should be produced by the Earl of Wintoun at his Trial.

"That every Peer, when he gives his Judgement, as well on the several Articles for high Crimes and Misdemeanors, as for the Articles for High Treason, shall declare his Opinion, Guilty, or Not Guilty, upon his Honour, laying his Right Hand upon his Breast.

"That the Lord Great Chamberlain be desired to take Care that Places behind the Peers be kept for Peeresses and their Daughters.

"That, during the said Trial, the Avenues to this House be guarded; and Care taken, that none be admitted but Lords Servants, and the necessary Attendants of this House.

"That the Lord Mayor and Sheriffs of the City of London, as also the Deputy Lieutenants and Justices of Peace for the County of Midd'x, and the Justices of Peace for the City and Liberties of Westm'r, be required to take Care for the safe guarding of the Gates of the said Cities, and other necessary Places within their several Jurisdictions; thereby to prevent the unnecessary Concourse of People resorting to Westm'r, and preserving the Peace, during the said Trial.

Memorandum, The Time for the Return of the Coaches was altered, on considering this Report.

"That all the Constables of Westminster be required to attend in The Palace Yards at Westm'r, during the said Trial, to take Care that all Coaches whatsoever, when they have set down the Persons they bring, be turned away through The Old Palace Yard, and so by Lindsey House, and from thence so that they cannot by any Way return through King-street until Seven of the Clock in the Evening.

"That all the Lords of this House, who have personally appeared, or will personally appear, in this House, before the Trial of the said Earl of Oxford in Westminster Hall, shall have Seven Tickets each delivered to him or them, by the Lord Great Chamberlain's Servants, if he or they personally come for them to the Prince's Lodgings near the House of Peers: And if any Lord desires Tickets for another Lord, they are to be delivered, if Two Lords do say "Such Lord, they believe, will personally appear before the said Trial."

Which said Rules and Methods, resolved on by the Committee, were read by the Clerk.

And the First Resolution being again read; videlicet,

"That an Address be presented to His Majesty, "That he will be pleased to order such Guards to attend, during the Trial of the said Earl, as hath been usual in Cases of Trials:"

The same was agreed to; and ordered to be presented to His Majesty by the Lords with White Staves.

Then the Four Resolutions next following were read a Second Time, and severally agreed to.

And the next Resolution being also read a Second Time; videlicet,

"That the Counsel assigned the said Earl of Oxford may be present, when he is at the Bar, in order to be heard, touching any Point or Matter of Law, if any such shall arise, upon the Two Articles of Impeachment exhibited against the said Earl for High Treason, or either of them; but that the said Earl may be allowed to make his full Defence, by Counsel, upon the Articles for high Crimes and Misdemeanors, as well to Matters of Fact, as to any Point or Matter of Law which may arise thereon."

The Earl of Clarendon acquainted the House, "That some Doubt arising in the Committee, upon preparing and settling the same, by reason of the Act of Parliament in the Seventh of King William, for regulating Trials in Cases of Treason; and the Standing Order of this House, of the 28th of May 1624, touching Judicature, and the Allowance of Counsel in Cases of Moment; he was directed, by the said Committee, to inform the House thereof, as a Matter worthy of their Lordships particular Consideration."

Then the Preamble of the said Act, and the said Standing Order of this House, being read:

It was proposed, "To agree to the said Resolution."

And the same being objected to:

It was proposed, as an Amendment, to leave out these Words; videlicet, ["to be heard, touching any Point or Matter of Law, if any such shall arise, upon the Two Articles of Impeachment exhibited against the said Earl of High Treason, or either of them; but"].

And, after Debate;

The Question was put, "Whether those Words shall stand Part of the said Resolution?"

It was Resolved in the Affirmative.

Then the Five following Resolutions were read, and severally agreed to.

And the next Resolution, for preventing the Return of Coaches through King Street, during the said Trial of the Earl of Oxford, till Five of the Clock in the Afternoon, being read:

It was agreed, to alter the Time, by inserting, instead thereof, ["Seven of the Clock in the Evening."]

And then the last Resolution was also read, and agreed to.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, octavum diem instantis Junii, hora duodecima, Dominis sic decernentibus.