House of Lords Journal Volume 16: 1 April 1701

DIE Martis, 1 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fawconer's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the vesting several Messuages, Lands, and Tenements, belonging to John Fawconer Esquire, in Trustees, to be sold, for Payment of Debts."

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 Sir Richard Holford:

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

Grovesnor versus Coy.

Upon reading the Petition and Appeal of John Grosvenor Esquire, from a Decree of Dismission made in the Court of Chancery (after hearing the Cause in Hillary Terme last) the Eighteenth of March last, on the Behalf of John Coy; and praying the Reversal of the said Decree of Dismission:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Coy may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Tuesday the Eighth Day of this Instant April, at Eleven of the Clock.

Trustees of forfeited Estates in Ireland.

The Lord Keeper acquainted the House, "That he had received a Letter from the Trustees of the forfeited Estates in Ireland; giving an Account, that, pursuant to the Order of this House, they had directed Sir Henry Sheres and Francis Annesley Esquire to attend this House with all convenient Speed."

Pyniot, Nat.

Upon reading the Petition of (fn. 1) Auguste Pynioll; praying Leave to bring in a Bill to be naturalized:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be added to the Bill now depending.

Lofland et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Adriane Lofland and others."

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

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir John Dillon's Protection, to attend his Bill.

Upon reading the Petition of Sir John Dillon of Lesmullen, in the Kingdom of Ireland, Knight; shewing, "That he having a Petition depending in this House, for a Bill, to be divorced from his Wife, for her Five Years Elopement and Adultery; but cannot with Safety attend or prosecute the same, by reason of Debts contracted by his Wife since her Elopement from him; and humbly praying the Protection of this House, to secure him from Trouble on Account of such Debts:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Dillon hath hereby the Protection of this House, as desired; and this shall be a sufficient Warrant on that Behalf.

To all Mayors, Sheriffs, Bailiffs, and others whom this may concern.

Count. of Anglesey's Bill for a Separation.

Counsel were called in, for the Countess ard Earl of Anglesey; and the Civilians and Counsel for the Countess were heard, to sum up their Evidence.

And Mr. Berrisford, Counsel for the Countess, speaking some Words reflecting on the Earl of Anglesey:

The Counsel were ordered to withdraw; and the Lord Keeper ordered to reprimand Mr. Berrisford.

Then, the Counsel being called in again, the Lord Keeper reprimanded Mr. Berrisford; and told him, "He must take Care of his Words for the future."

He went on, to sum up his Evidence; and expressed his Sorrow for any Thing he had said, which might reflect on the Earl of Anglesey.

Then the Earl of Anglesey's Counsel and Civilians proceeding to sum up their Evidence:

They offered to read an Affidavit against some Evidence given viva Voce before this House.

Which being opposed by the Countess of Anglesey's Counsel:

The Counsel were ordered to withdraw.

And, after Debate, "Whether the Affidavit proposed shall be read;" it being moved, "To adjourn:"

The Question was put, "Whether this House shall be now adjourned?"

It was Resolved in the Negative.

Then this Question was put, "Whether the Affidavits of any Persons, who have not been examined here in this matter as Witnesses, viva Voce, shall be read or not?"

It was Resolved in the Negative.

The Counsel and Civilians, being called in again, were told, "They were not to make Use of the Affidavits of any Persons who have not been examined here in this Matter, as Witnesses, viva Voce."

Then the Earl's Counsel and Civilians were heard, to sum up their Evidence.

After which,

Hodie 2^a vice lecta est Billa, intituled, "An Act for separating James Earl of Anglesey from Katherine Countess of Anglesey his Wife, for the Cruelty of the said Earl."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee, to proceed on the said Bill, on Saturday next, at Eleven of the Clock; and all the Lords summoned to attend.

The House being acquainted, "That the Deed of Settlement, and other Deeds made by the Earl of Anglesey, are in the Hands of Mr. Keck; and that the Lady Anglesey's Counsel may have Recourse to them:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Countess of Anglesey's Counsel shall have Recourse to the Deeds and Settlements in Mr. Keck's Hands; and further, That Mr. Keck do attend this House, with the said Deeds and Settlements, on Saturday next, at Eleven of the Clock.

E. of Portland impeached.

A Message was brought from the House of Commons, by Sir John Leveson Gower and others:

Who, at the Bar of this House, in the Name of the House of Commons, and all the Commons of England, impeached William Earl of Portland of high Crimes and Misdemeanors; and acquainted this House, "That the House of Commons will, in due Time, exhibit particular Articles against him, and make good the same."

Partition Treaty, Message from H. C. for a Conference about it.

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

To desire a Conference with this House, upon Matters relating to the Treaty of Partition.

Then the Commons, being called in, were told, That the Lords agree to a Conference, as desired; and appoint it to be To-morrow, at One of the Clock, in the Painted Chamber."

Impeachments for Misdemeanors, Proceedings upon, Committee to search Precedents of.

Lords Committees appointed to inspect the Journals of this House, in relation to the Proceedings of this House in Cases of Impeachments for Misdemeanors; and to report to the House:

Their Lordships, or any Five of them; to meet To-morrow, at Ten of the 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 Mercurii, (videlicet,) secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.