House of Lords Journal Volume 15
24 January 1696

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 15: 24 January 1696', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 650-651. URL: http://british-history.ac.uk/report.aspx?compid=12241 Date accessed: 24 April 2014. Add to my bookshelf


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DIE Veneris, 24 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Dunelm.
Epus. Winton.
Epus. Menev.
Epus. Sarum.
Epus. Elien.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Cicestr.
Epus. Bristoll.
Dux Cumberland.
Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Dux Devon, Ds. Senescallus.
Dux Ormond.
Dux St. Albans.
Dux Bolton.
Dux Schonbergh.
Dux Newcastle.
March. Normanby.
Comes Dorset, Ds. Camerarius.
Comes Oxon.
Comes Suffolke.
Comes Bridgewater.
Comes North'ton.
Comes Stamford.
Comes Kingston.
Comes Carnarvan.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Anglesey.
Comes Bathe.
Comes Craven.
Comes Feversham.
Comes Maclesfeld.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Monmouth.
Comes Montagu.
Comes Torrington.
Comes Bradford.
Comes Romney.
Viscount Longueville.
Ds. Bergevenny.
Ds. Willoughby Er.
Ds. Lawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Brooke.
Ds. Howard Esc.
Ds. Raby.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Culpeper.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.

PRAYERS.

Sandes' Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act for vesting a Moiety of the Manor of Shepton Mallet, in the County of Somerset, and a divided Moiety of the Manor of Wells, in the said County, in Trustees, to be sold, for Payment of a Mortgage thereon; and for making a Provision for the Maintenance of Mary the Wife of William Sandes Esquire, and her Children," as sit to pass, with some Amendments.

Which, being read Twice, were agreed to; and the Bill ordered to be engrossed.

Aunger's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable John Aunger, an Infant, and his Mother, to make a Lease of his Estate, for the Improvement thereof."

Dawson's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Joseph Dawson Esquire in Trustees, for Payment of Debts, and for a Provision for the Maintenance and Marriage of his Daughters."

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

Dux Bolton.
March. Normanby.
Comes Kent.
Comes Bridgewater.
Comes Stamford.
Comes Kingston.
Comes Sandwich.
Comes Anglesey.
Comes Bathe.
Comes Craven.
Comes Maclesfeld.
Comes Rochester.
Comes Montagu.
Comes Marleborough.
Viscount Longueville.
Epus. Duresm.
Epus. Menev.
Epus. Norwic.
Epus. Petrib.
Epus. Glocestr.
Epus. Cicestr.
Ds. Ferrers.
Ds. Hunsdon.
Ds. Brooke.
Ds. Howard Esc.
Ds. Vaughan.
Ds. Culpeper.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Guilford.
Ds. Cholmondeley.

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

Berkhamstead Manor Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Trustees to sell Part of the Manor of Barkhamstead, and to pay off the Incumbrances charged on the same, and to lay out the Overplus in an Estate, to be settled as the said Manor is now vested."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers;" to which they desire the Concurrence of this House.

Trade with France to prohibit, and Encouragement of Privateers, Bill to contitinue the Acts for.

Hodie 1a vice lecta est Billa, intituled, "An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers."

Upon the First Reading of the Bill, intituled, "An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be read the Second Time on Fryday the One and Thirtieth Day of this Instant January, at Ten of the Clock in the Forenoon; and that all Persons who shall think themselves any way concerned therein shall be then heard by themselves, or Counsel, if they think fit: In order whereunto, it is further ORDERED, That this Order shall be affixed on the Door of this House, The Royall Exchange in London, and Westm'r Hall Gate.

Double Returns, &c. to prevent, Bill:

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent false and double Returns of Members to serve in Parliament."

After some Time spent therein, the House was resumed.

And the Earl of Bridgewater reported, "That the Committee had gone through the said Bill; and think it sit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act to prevent false and double Returns of Members to serve in Parliament."

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

It was Resolved in the Affirmative.

"Leave having been asked, and given, to any Lords to protest, if the Question should be carried in the Affirmative: We, whose Names are underwritten, do protest, for the Reasons following; (videlicet,)

Protest against a Clause in it:

"Dissentientibus,

"By reason of a Clause in this Bill, which enacts in these Words following:

"In case that any Person or Persons shall return any Member to serve in Parliament, for any County, City, Borough, Cinque Port, or Place, contrary to the last Determination in the House of Commons of the Right of Election in such County, City, Borough, Cinque Port, or Place; that such Return, so made, shall and is hereby adjudged to be a false Return.

"To which we cannot agree; because we conceive that the confirming by Act of Parliament the Proceedings in another Place, which have never been examined here, is derogatory to the Dignity, and inconsistent with the Justice, of the House of Peers.

"And because the enacting that the last Determination of the House of Commons, in the Case of Returns of Members to sit in that House, shall be made the Rule for the future, seems to us to erect a Court of Judicature there, which, by the Constitution of this Government and the constant Practice of all Ages to this Day, hath never yet been allowed in the House of Commons, and may contribute to the introducing of evil Precedents, and be of dangerous Consequence hereafter.

"Tho. Menev.
Rochester.
Bathe.
R. Ferrers.
Granville.
Jeffreys."

Message to H. C. that the Lords have passed the Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Robert Legard:

To let them know, the Lords have passed the said Bill, without any Amendment.

SirR. Verney's Petition for a Writ of Summons.

Whereas Monday next was appointed to hear Sir Rich'd Verney, by his Counsel, at the Bar, upon his Petition depending in this House; and His Majesty's Learned Counsel at Law, to offer any Matter on His Majesty's Behalf upon the said Petition; and the Heralds also to attend:

The House being informed, "That His Majesty's Counsel cannot be ready by that Time;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard, upon the Matters abovesaid, on Monday the Third Day of February next, at Eleven of the Clock in the Forenoon; and that Sir Richard Verney have Notice thereof; and all the Lords summoned to attend.

List of the Army.

This Day the Earl of Romney presented to the House a List of the Army in English Pay, with the Names of the General Officers, and all other Commission Officers, and of what Nation the Regiments and Officers " (fn. *) " are, according to the best Informations.

E. I. Company and Merchants, concerningPowers necessary to be given to an E. I. Comp.

Whereas this Day was appointed for the further Consideration of the Papers delivered by Merchants trading to The East Indies, and the East India Company, and what was offered by them, by Word of Mouth, at the Bar, the Two and Twentieth Instant, in relation to the East India Trade, and such Powers as may be requisite to be given to an East India Company:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of this Matter shall be resumed on Monday the Seven and Twentieth Instant, at Eleven of the Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) vicesimum quintum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.

Footnotes

* Deeft in Originali.