House of Lords Journal Volume 17: 19 January 1703

DIE Martis, 19 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Somerset takes the Oaths.

This Day A. Snape and Robert Grisedale were sworn, to the Truth of Charles Duke of Somerset's receiving the Sacrament of the Lord's Supper.

Then Charles Duke of Somerset took the Oaths, and made and subscribed the Declaration, and took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Prince of Denmark's Bill:

The Order being read, for putting the House into a Committee, upon the Bill, intituled, "An Act for enabling Her Majesty to settle a Revenue, for supporting the Dignity of his Royal Highness Prince George Hereditary of Denmarke, in case he shall survive Her Majesty."

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time spent therein, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had gone through the said Bill; and think it fit to pass, with leaving out One Clause in the 9th Skin, 1st Line, (videlicet,) "And be it further Enacted, by the Authority aforesaid, That in case the said Prince George Hereditary of Denmark shall happen to survive Her said Majesty and the Issue of Her Body, the said Prince shall and may be capable to be of the Privy Council, and a Member of the House of Peers, and to have and enjoy any Office or Place of Trust, either Civil or Military; and to have and enjoy the Grants herein mentioned, or any other Grant of Lands, Tenements, or Hereditaments, from the Crown, to himself, or to any other or others in Trust for him; an Act made in the Twelfth Year of the Reign of His late Majesty King William the Third, intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, or any Thing therein contained to the contrary thereof, in any Wife notwithstanding."

Which said Clause being read Twice; and Debate thereupon:

The Question was put, "Whether this House will agree with the Committee, in leaving out this Clause?"

It was Resolved in the Negative.

Protests against Clauses in it:

"Dissentient.
Colepeper.
Halifax.

"1st. We dissent from this Clause; because we conceive this is a Bill of Aid and Supply; and that this Clause is altogether foreign to, and different from, the Matter of the said Bill; and that the passing of such Clause is therefore unparliamentary, and tends to the Destruction of the Constitution of this Government.

"2dly. Because we conceive, that a Parliamentary Expedient might have been found, whereby his Royal Highness might, by an unanimous Consent, have had all the Advantages designed him by this Bill, without the Lords being obliged to depart from what we conceive to be their undoubted Right.

"3dly. Because that we conceive that this Clause was not necessary to enable his Royal Highness to enjoy the Benefit of the said Grant.

"4thly. Because that this Clause, which pretends to capacitate his Royal Highness to enjoy his Peerage, notwithstanding the Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, and which makes no Provision for other Peers under the same Circumstances, we conceive, may tend very much to their Prejudice.

"C. Ossulstone.
Portland.
Torrington.
Manchester.
Say & Seale.
Kingston.
Jo. Lichfield & Cov.
Som~ers."

"We dissent from the Clauses relating to the Grants:

"1st. Because the said Grants were not laid before the House (though desired) by which, we are ignorant upon what Considerations the same were granted.

"2dly. Because we conceive that the Saving Clauses are so far from having any relation to his Royal Highness, that, if they signify any thing (without any Respect to him), they prefer their Payment before his.

"T. Wharton.
Somerset.
Sunderland.
Carlisle, E. M.
Mohun.
Bolton.
Lovelace.
Rivers.
Stamford.
Essex.
Devonshire.
Bergevenny.
Say & Seale.
Townshend.
Poulett.
Tho. Cantuar.
Berkeley of Stratton.
Radnor.
W. Worcester.
Jo. Chichester.
Herbert.
Huntingdon.
Rockingham.
Jo. Lichfield & Cov.
Ric. Petriburg.
Jo. Bangor.
Orford.
Gi. Sarum."
28.

Then the Question was put, "Whether this Clause shall stand Part of the Bill?"

It was Resolved in the Affirmative.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Her Majesty to settle a Revenue, for supporting the Dignity of his Royal Highness Prince George Hereditary of Denmark, in case he shall survive Her Majesty."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to the Bill.

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

To let them know, that the Lords have agreed to the said Bill, without any Amendment.

Malt Duties, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting a Supply to Her Majesty, by several Duties upon Malt, Mum, Cyder, and Perry."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Stanhope versus River Darwent, Bill.

Upon reading the Petition of Alexander Stanhope Esquire, for and on the Behalf of William Stanhope, a Minor, for whom the said Alexander Stanhope is a Trustee; praying to be heard, by his Counsel, against the Bill, intituled, "An Act for making navigable the River Darwent, in the County of Derby:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, as desired, on Monday next, at Eleven a Clock.

Northcot versus Northcot.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Dame Elizabeth Northcot is Appellant, and Sir Francis Northcot and Alice Northcot Widow are Respondents, on Monday the First Day of February next, at Eleven a Clock.

The Messengers sent Yesterday to the House of Commons return Answer:

That the Commons have considered of the said Message; and will return an Answer by Messengers of their own.

D. of Bolton and Marquis Normanby, Injunction to prevent a Quarrel.

The House taking Notice of some Words that had passed between the Duke of Bolton and the Lord Marquis of Normanby:

The Lord Keeper (by Command of the House) laid the Injunction of the House upon each of their Lordships, and commanded, "That they do not proceed any further on that Occasion; and that the House expects each of them give their Word and Honour to this House, that they will proceed no farther therein."

Whereupon they both severally, upon their Honours, declared, "They would obey the Injunction of this House."

Adjourn.

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