House of Lords Journal Volume 16
6 December 1699

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 16: 6 December 1699', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 481-482. URL: http://british-history.ac.uk/report.aspx?compid=13744 Date accessed: 26 November 2014.


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DIE Mercurii, 6 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Winton.
Epus. Wigorn.
Epus. Roffen.
Epus. Menev.
Epus. Sarum.
Epus. Elien.
Epus. Cov. & Lich.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. St. Asaph.
Epus. Cicestr.
Epus. Oxon.
Ds. Cancellarius.
Comes Pembroke, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Ds. Senescallus.
Dux Richmond.
Dux Ormonde.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Schonburgh.
March. Halifax.
March. Normanby.
Comes Oxon.
Comes Dorset & Mid'l'x.
Comes Bridgewater.
Comes Warwick & Holland.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Chesterfield.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bathe.
Comes Burlington.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Rochester.
Comes Marleborough.
Comes Bradford.
Comes Romney.
Comes Tankerville.
Comes Albemarle.
Comes Orford.
Comes Jersey.
Comes Grantham.
Viscount Hereford.
Viscount Townshend.
Viscount Longueville.
Ds. Bergevenny.
Ds. Audley.
Ds. Lawarr.
Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.

PRAYERS.

Williamson versus Regem, in Error.

Upon reading the Petition of Robert Williamson Merchant; shewing, "That, on the Fourth of April, One Thousand Six Hundred Ninety-nine, by a Writ of Error, the Petitioner brought a Record before this House, for the Reversal of a Judgement given for the King, in the Exchequer Chamber, by the Lord Keeper, now Lord Chancellor; and that the Petitioner hath assigned Errors on the said Judgement of Reversal; and praying a Day may be appointed, for Mr. Attorney General to reply or demur to the said Errors assigned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Attorney do reply or demur to the said Errors, on or before Wednesday, the Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Lloyd discharged.

Upon reading the humble Petition of Andrew Lloyd; shewing, "That he was taken into Custody, by a Messenger, the Twentieth of November last, by Warrant from the Earl of Jersey, Secretary of State, on an Address of this most Honourable House to His Majesty, for apprehending the said Andrew Lloyd, Serjeant at Arms of the House of Lords in Ireland; whereas the Petitioner never was Serjeant at Arms, nor officiated the said Place; and humbly praying to be discharged from his Confinement:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Andrew Lloyd shall be, and he is hereby, discharged from the Confinement he lies under; and this shall be a sufficient Warrant on that Behalf.

Col. Livesey attached, for Contempt of the Order of this House, in the Cause of the Ulster Society of London versus Bp. of Derry.

Upon reading the Petition of Colonel John Livesey; shewing, "That he, hearing there was a Warrant against him, for a Contempt of an Order of this House, surrendered himself to the Messenger who had the Warrant; and humbly submits to this most Honourable House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Messenger, in whose Custody the said Lieutenant Colonel now is, do deliver him into the Custody of the Gentleman Usher of the Black Rod attending this House, or his Deputy; and this shall be a sufficient Warrant on that Behalf.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith take into his Custody the Body of Lieutenant Colonel John Livesey, and bring him to to the Bar of this House To-morrow, at Eleven of the Clock in the Forenoon.

Attorney General, when he is heard for the King, the Counsel of other Parties to be present.

The Lord Audley reported from the Lords Committees, appointed to consider, "Whether, when Mr. Attorney General is heard on the King's Behalf, the Counsel of other Parties concerned, may not be present:"

"That their Lordships, upon Perusal of the Precedents following, are of Opinion, That, when Mr. Attorney General hath been heard in the House, as Counsel for the King, it hath been in the Presence of the Counsel of the other Parties at the Bar.

"19° Januarii, 1640, Mr. Attorney argued the King's Claim to the Baronies of Hastings and Ruthin: The Counsel for the Earl of Kent and Mr. Longueville, being at the Bar, desired the House would appoint a Time when they might reply to Mr. Attorney; which was ordered; and Mr. Attorney to have the last Word for the King, if he see Cause.

"9th July, 1661, Counsel were heard for the Person claiming the Title of Earl of Banbury; as also Mr. Attorney on the King's Behalf.

"3d June, 1678, Mr. Attorney was appointed to be heard, at the same Time the Counsel for the Person that claims the Title of Viscount Purbeck, and the Counsel for the Duke of Bucks, were to be heard; and on the 5th of June, they were accordingly heard.

"7th January, 1694, Mr. Attorney was heard, at the Table, touching the Barony of Broke: Sir Richard Verney's Counsel and the Heralds were heard, at the same Time, at the Bar."

To which Report the House agreed; and ORDERED, That when Mr. Attorney General is to be heard, as Counsel for the King, it ought to be in the Presence of the Counsel of the other Parties concerned.

Then the Order of the Fourth Instant was read.

Lucy versus Bp. St. David's:

Upon hearing Mr. Attorney General, pursuant to the Order of the Fourth Instant; as also Counsel, as well on Behalf of the Archbishop of Canterbury, as the Bishop of St. David's; and hearing the Judges, as to the Methods by which, as the Law now stands, a Bishop guilty of any Ecclesiastical Offence, for which the Punishment is Deprivation, may be deprived; and after Debate of what had been offered in this Case:

The Question was put, "Whether the Bishop of St. David's shall be allowed his Privilege?"

It was Resolved in the Negative.

Bp. of St. David's not allowed Privilege.

It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Bishop of St. David's shall not be allowed his Privilege.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.