House of Lords Journal Volume 17: 18 February 1703

DIE Jovis, 18 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Militia Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for raising the Militia of this Kingdom, for the Year One Thousand Seven Hundred and Three, notwithstanding the Month's Pay formerly advanced be not re-paid."

Woollen Manufactures, &c. Bill to prevent Frauds, in.

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

To return the Bill, intituled, "An Act for the more effectual preventing the Abuses and Frauds of Persons employed in the working up the Woollen, Linen, Fustian, Cotton, and Iron Manufactures of this Kingdom;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Northcot versus Northcot:

The House being informed, "That Mr. Edmund Gibbon (now in the Custody of the Warden of The Fleet) is a material Witness, in a Cause appointed to be heard To-morrow, wherein Dame Elizabeth Northcot is Appellant, and Alice Northcot and Sir Francis Northcot are Respondents:"

Gibbon to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Warden of The Fleet do bring to this House, To-morrow, at Nine a Clock in the Forenoon, the said Edmund Gibbon; and this shall be a sufficient Warrant on that Behalf.

To the Warden of The Fleet, his Deputy or Deputies, and every of them.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Conyers and others:

Who brought up a Bill, intituled, "An Act for reviving and continuing the late Acts, for appointing Commissioners, to take, examine, and determine, the Debts due to the Army, and for Transport Service; and also an Account of the Prizes taken during the late War;" to which they desire the Concurrence of this House.

Report of Conference with H. C. Yesterday considered.

The House taking into Consideration the Report of the Conference with the Commons Yesterday;

And Debate thereupon:

Public Accompts, Lords insist on their Right to take Cognizance of originally, and to inquire into all Mismanagements.

It was proposed, "To resolve and declare, That the Lords have an undoubted Right (which they can never suffer to be contested) to take Cognizance originally of all Public Accompts; and to inquire into any Misapplication or Default in the Distribution of Public Monies, or into any other Mismanagements whatsoever."

To which the House agreed.

It is Resolved and Declared, That the Lords have an undoubted Right (which they can never suffer to be contested) to take Cognizance originally of all Public Accompts; and to inquire into any Misapplication or Default in the Distribution of Public Monies, or into any other Mismanagements whatsoever.

Then, the House taking Notice of that Part of the Report from the Conference, which reflects upon the Proceedings of this House, in relation to the Auditor of the Exchequer:

Lords Proceedings in relation to L. Halifax, as Auditor of the Exchequer, resolved to be according to Justice.

It was proposed, "To declare, That the Lords, in their Inquiry into, and Examination of the Observations of the Commissioners of Accompts, in relation to Charles Lord Halifax, and in their Resolution thereupon, have proceeded according to the Rules of Justice, and the Evidence that was before them."

Then this Question was put, "That the Lords, in their Inquiry into, and Examination of, the Observations of the Commissioners of Accompts, in relation to Charles Lord Halifax, and in their Resolution thereupon, have proceeded according to the Rules of Justice, and the Evidence that was before them?"

It was Resolved in the Affirmative.

It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords, in their Inquiry into, and Examination of, the Observations of the Commissioners of Accompts, in relation to Charles Lord Halifax, and in their Resolution thereupon, have proceeded according to the Rules of Justice, and the Evidence that was before them.

Commons at the late Conference used reflecting and Unparliamentary Expressions.

And it being also proposed, "To declare, That the Commons in their Reasons delivered at the last Conference, have made Use of several Expressions and Arguments highly reflecting and altogether Unparliamentary, tending to destroy all good Correspondence between the Two Houses, and to the Subversion of the Constitution:"

After Debate;

The Question was put, "Whether these Words shall stand Part of the Question; (videlicet,) ["and to the Subversion of the Constitution?"]

It was Resolved in the Affirmative.

Then the Question was put, "That the Commons, in their Reasons delivered at the last Conference, have made Use of several Expressions and Arguments, highly reflecting, and altogether Unparliamentary, tending to destroy all good Correspondence between the Two Houses, and to the Subversion of the Constitution?"

It was Resolved in the Affirmative.

It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Commons, in their Reasons delivered at the last Conference, have made Use of several Expressions and Arguments, highly reflecting, and altogether Unparliamentary, tending to destroy all good Correspondence between the Two Houses, and to the Subversion of the Constitution.

Hereupon the following Committee was named:

Committee to consider what further Proceedings should be had in the Matter.

Lords Committees appointed to consider what farther Proceedings are fit to be had in this Matter; and report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet To-morrow, at Nine 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 nonum diem instantis Februarii, hora nona Auroræ, Dominis sic decernentibus.