House of Lords Journal Volume 16
29 January 1697

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History of Parliament Trust

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1767-1830

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85, 86, 87

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'House of Lords Journal Volume 16: 29 January 1697', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 85-87. URL: http://british-history.ac.uk/report.aspx?compid=13456 Date accessed: 02 October 2014.


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DIE Veneris, 29 Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Londin.
Epus. Dunelm.
Epus. Winton.
Epus. Roffen.
Epus. Exon.
Epus. Menev.
Epus. Sarum.
Epus. Bangor.
Epus. Cestr.
Epus. Elien.
Epus. Hereford.
Epus. Oxon.
Epus. Norwic.
Epus. Petrib.
Epus. Asaph.
Epus. Cicestr.
Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
Dux Norfolke.
Dux Somersett.
Dux Richmond.
Dux Southampton.
Dux Ormond.
Dux Northumberland.
Dux Bolton.
Dux Sconburgh.
March. Halifax.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Dorsett, Ds. Camerarius.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Bathe.
Comes Sussex.
Comes Feversham.
Comes Maclesfeild.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Montagu.
Comes Marleborough.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Rochford.
Comes Tankerville.
Viscount Weymouth.
Ds. Bergevenny.
Ds. Willughby Er.
Ds. Lawarr.
Ds. Berkeley B.
Ds. Morley.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Wharton.
Ds. Chandos.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Powlet.
Ds. Howard Esc.
Ds. Raby.
Ds. Leigh.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Rockingham.
Ds. Granville.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Dartmouth.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

PRAYERS.

Message from H. C. to return Sir J. Hanham's Bill.

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

To return the Bill, intituled, "An Act for vesting the Manors of Holme, alias East Holme, and Swannage, in the County of Dorsett, Part of the Estate of Sir John Hanham Baronet, in Trustees, to be sold, for discharging a Mortgage thereupon, and upon the Residue of the said Sir John Hanham's Estate, and for Payment of his other Debts;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

Which Amendments, being read Three Times; were agreed to; and ORDERED, That the Commons have Notice thereof.

Land Tax, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, as well by a Land Tax as by several Subsidies and other Duties, payable for One Year."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

D. of Ormond's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling James Duke of Ormond to raise Money, by Sale of Woods, and making Leases for Lives renewable for ever, for Payment of Debts, and for encouraging English Plantation in Ireland; and for Charles Lord Weston, Earl of Arran in the Kingdom of Ireland, to make Leases of his Estate in the said Kingdom."

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 Miles Cooke and Sir Robert Legard:

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

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty, being arrayed in His Regal Robes and Crown, attended with His Officers of State, ascended His Royal Throne (the Peers being also in their Robes); commanded the Gentleman Usher of the Black Rod to signify to the Commons, "It is His Majesty's Pleasure, they attend Him presently."

Who being come; their Speaker made a short Speech, relating to the Money Bill to be passed.

Bills passed.

Then the Clerk of the Parliaments received the Bill from the Hands of the Speaker, and brought it to the Table; where the Clerk Assistant read the Title, as followeth; (videlicet,)

"1. An Act for granting an Aid to His Majesty, as well by a Land Tax as by several Subsidies and other Duties, payable for One Year."

To which the Royal Assent was pronounced, by the Clerk of the Parliaments, in these Words; (videlicet,)

"Le Roy remercie ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

Then the Bills following were passed; (videlicet,)

"2. An Act for vesting the Manors of Holme, alias East Holme, and Swannage, in the County of Dorsett, Part of the Estate of Sir John Hanham Baronet, in Trustees, to be sold, for discharging a Mortgage thereupon, and upon the Residue of the said Sir John Hanham's Estate, and for Payment of his other Debts."

"3. An Act for enabling Oliver Neve, of Great Witchingham, in the County of Norfolke, Esquire, to sell Two Houses in London; and for vesting other Lands in the said County, of greater Value, to the same Uses."

To these Bills the Royal Assent was pronounced thus; (videlicet,)

"Soit fait come il est desire."

Then His Majesty was pleased to withdraw; and the Commons went to their House.

Rex versus Walcott, in Error:

After hearing Counsel arguing upon the Errors assigned in a Writ of Error, brought into this House the Six and Twentieth of October, One Thousand Six Hundred Ninety-six, wherein His Majesty's Attorney General is Plaintiff, and John Walcott Son of Thomas Walcott deceased is Defendant, for the Reversal of a Judgement given in His Majesty's Court of King's Bench, whereby the Attainder of the said Thomas Walcott for High Treason is reversed:

After due Consideration of what was offered thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in His Majesty's Court of King's Bench, for reversing the Attainder of the said Thomas Walcott, shall be, and is hereby, affirmed, and the Record remitted.

The Tenor of which Judgement, to be affixed to the Record, follows; (videlicet,)

Judgement affirmed.

"Postea, scilicet, Vicesimo Nono Die Januarii, Anno Regni Domini Will'i Tertii nunc Regis Angl. &c. Octavo, vis. et per eandem Cur. Parliament. nunc hic plenius intellect. omnibus et fingulis Præmiss. matura Deliberatione inde habita, pro eo quod videtur Cur. Parliament. nunc hic, quod nec in Record. et Process. præd. super præd. prior. Breve de Error. nec in Redditione Judicii Revocationis præd. in ullo est Error. ac quod Record. ill. in nullo vitiosum aut defectivum in Lege existit; considerat. est per eandem Cur. Parliament. quod Judicium Revocationis Judicii præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dictis Causis et Mater. superius pro Error. assignat. in aliquo non obstant."

Ld. Hastings versus E. of Huntingdon; Privilege waived.

The Lord Marquis of Halifax informed the House, "That he and the other Lords ordered (the One and Twentieth of January last) to endeavour an Accommodation between the Earl of Huntingdon and the Lord Hastings his Son, had met, but could not agree the Matter in Difference; but that the Earl of Huntingdon was willing to waive his Privilege in any Suit to be brought against him by his Son, in any Court of Law or Equity, after the End of this Term."

The Earl of Huntingdon also declared the same; and was willing that the Waiver of his Privilege should be entered in the Journal of this House.

Adjourn.

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