House of Lords Journal Volume 17: 9 February 1702

DIE Lunæ, 9 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Lexington takes the Oaths.

This Day Robert Lord Lexington took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Lee, alias Warner's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Warner Lee, alias Warner Warner, to make a Jointure upon his Marriage.

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 the Four and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Lady O Brion, Leave for a Bill for the Earl of Thomond.

Upon reading the Petition of the Lady Henrietta O' Brion, Mother and Guardian of Henry Earl of Thomond, an Insant under the Age of One and Twenty Years, for and on the Behalf of her said Son; praying Leave to bring in a Bill to enable the Petitioner, during the Minority of her Son, and for him in case of her Death, to make Leases, reserving the usual Rents, or more.

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.

Wentworth versus Lord Raby.

Whereas Wednesday the Eighteenth Day of this Instant February was appointed for hearing the Cause wherein Thomas Wentworth, alias Watson, Esquire, is Appellant, and Thomas Lord Raby Respondent:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Nineteenth Day of this Instant February, at Eleven a Clock in the Forenoon.

Perjury, Bill to punish

Hodie 1^a vice lecta est Billa, intituled, "An Act for making wilful Perjury, or Subornation of Perjury, in certain Cases, to be Felony."

ORDERED, That the said Bill be read a Second Time on Wednesday next, at Twelve 0'Clock; and all the Lords summoned to attend, and also One Judge of each Court in Westminster-Hall.

ORDERED, That the Committee appointed to draw Reasons be revived; and do sit, presently, in the Prince's Lodgings.

Then the House was adjourned during Pleasure.

After some Time, the House was resumed.

Report of Lords Reasons for Amendments to the Bill of Attainder of the pretended P. of Wales.

And the Lord Herbert reported, "That the Committee had met, and drawn Reasons for their Lordships insisting on their Amendments to the Bill, intituled, An Act for the Attainder of the pretended Prince of Wales, of High Treason."

Which were read, and agreed to; as follow; (videlicet),

"The Lords Insist on their Amendments made to the Bill for the Attainder of the pretended Prince of Wales, of High Treason.

"Because the Lords are of Opinion, that due Consideration, such as the Nature of an Attainder does require, may be had when the Attainder comes in by Way of Amendment; and the Lords find the Commons themselves did, by Way of Amendment, add the Names of several Persons to be attainted in an Act 31° H. VIII. sent down by the Lords for attainting of the Marquis of Exeter and others; and they have never heard of any ill Consequence by that Proceeding, to which the Lords, at that Time, made no Exception: And though the Lords find that the Attainders of Persons, originally named in that Bill, have been since reversed; yet it does not appear, upon the Search they have made, but that the Attainders of the Persons so added by the Commons remain to this Day in Force."

Message to H. C. for a Conference about it.

A Message was sent to the House of Commons, by Mr. Gery and Mr. Rogers:

To desire a Conference, To-morrow, at Twelve a Clock, in the Painted Chamber, upon the Subject-matter of the last Conference, upon the Bill, intituled, "An Act for the Attainder of the pretended Prince of Wales, of High Treason."

Adjourn.

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