House of Lords Journal Volume 16
10 June 1701

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1767-1830

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'House of Lords Journal Volume 16: 10 June 1701', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 732-734. URL: http://british-history.ac.uk/report.aspx?compid=13918 Date accessed: 25 July 2014.


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DIE Martis, 10 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Wigorn.
Epus. Exon.
Epus. Sarum.
Epus. Bangor.
Epus. Elien.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Bristol.
Epus. Lincoln.
Ds. Custos Magni Sigilli.
Dux Devon, Senescallus.
Dux Somerset.
Dux Ormonde.
Dux Bolton.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Oxford.
Comes Derby.
Comes Denbigh.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Scarsdale.
Comes Anglesey.
Comes Burlington.
Comes Shaftesbury.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Montagu.
Comes Torrington. 2.
Comes Marlborough. 1.
Comes Scarbrough.
Comes Warrington.
Comes Romney.
Comes Orford.
Comes Grantham.
Viscount Townshend.
Viscount Weymouth.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Fitzwalter.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Brooke.
Ds. Howard Esc.
Ds. Mohun.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Granville.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondley.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Lynn Workhouses, &c. Bill.

The Lord Viscount Townshend reported from the Lords Committees, the Bill, intituled, "An Act for erecting Hospitals and Workhouses, within the Borough of King's Lynn, in the County of Norfolke, for the better employing and maintaining the Poor there," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for erecting Hospitals and Workhouses, within the Borough of King's Lynn, in the County of Norfolke, for the better employing and maintaining the Poor there."

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

It was Resolved in the Affirmative.

ORDERED, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Arthur's Bill.

The Lord Herbert reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Archibald Arthur, and enabling him to dispose of his Estate," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Archibald Arthur, and enabling him to dispose of his Estate."

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

It was Resolved in the Affirmative.

ORDERED, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Militia Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for raising the Militia for One Year, although the Month's Pay formerly advanced be not re-paid."

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

It was Resolved in the Affirmative.

ORDERED, The Commons have Notice, That the Lords have agreed to the said Bill, without any Amendment.

Messages from H. C. with Bills; and to return the following ones:

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

Who brought up a Bill, intituled, "An Act for granting to His Majesty an Aid, for defraying the Expence of His Navy, Guards, and Garrisons, for One Year, and for other necessary Occasions;" to which they desire the Concurrence of this House.

Hide's Bill:

Also, a Message was brought from the House of Commons, by Lord Cornbury and others:

To return the Bill, intituled, "An Act for vesting the Estate of Humphry Hyde Esquire, deceased, in Trustees, for raising Portions for his Younger Children;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

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

Mews's Bill.

Also, a Message was brought from the House of Commons, by Mr. Gervois and others:

To return the Bill, intituled, "An Act to change the Surname of Ellis Mews and his Heirs to the Surname of St. John;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Pyniot & al. Nat. Bill.

Also, a Message was brought from the House of Commons, by Mr. Bridges and others:

To return the Bill, intituled, "An Act for naturalizing Jacob Augustin Pyniot and others;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

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

Also, a Message from the House of Commons, by Mr. Brotherton and others:

Who brought up a Bill, intituled, "An Act for making good the Deficiency of the Charges of making a Way out of Chancery-Lane into Lincolne's Inn Fields;" to which they desire the Concurrence of this House.

Way out of Chancery Lane, Bill to amend the Act for.

Hodie 1a vice lecta est Billa, intituled, "An Act for making good the Deficiency of the Charges of making a Way out of Chancery Lane into Lincolne's Inn Fields."

Committee of both Houses, Heads for a Conference about.

The Earl of Stamford reported from the Lords Committees (appointed to consider of the Manner of Proceedings on Impeachments) the Reasons drawn by them, to be given to the House of Commons, at a Conference, upon the Subject-matter of the last Conference.

Which Report was read, and agreed to, as followeth; (videlicet,)

"The Lords have desired this Conference, upon Occasion of the last Conference, in order to preserve a good Correspondence with the House of Commons; which they shall always endeavour.

"As to the late Messages between the Two Houses; their Lordships are well assured, that, on their Part, nothing has passed but what was agreeable to the Methods of Parliament, and proper to preserve that good Understanding between both Houses, which is necessary for the carrying on of the public Business.

"As to the Proposal of the Commons, That a Committee of both Houses should be appointed, to consider of the Ways and Methods of proceeding on Impeachments; their Lordships cannot agree to it:

"1st. Because they do not find that ever such a Committee was appointed, on Occasion of Impeachments for Misdemeanors; and their Lordships think themselves obliged to be extremely cautious in admitting any Thing new in Matters relating to Judicature.

"2dly. That, although a Committee of this Nature was agreed to, upon the Impeachments of the Earl of Danby, and the Five Popish Lords, for High Treason; yet it was upon Occasion of several considerable Questions and Difficulties which did then arise: And their Lordships do not find that the Success in that Instance was such as should encourage the pursuing the same Methods again, though in the like Case; the Lords observing, that, after much Time spent at that Committee, the Disputes were so far from being there adjusted, that they occasioned the abrupt Conclusion of a Session of Parliament.

"3dly. Their Lordships are of Opinion, that the Methods of Proceedings on Impeachments for Misdemeanors are so well settled by the Usage of Parliament, that they do not foresee any Difficulties likely to happen, at least none have been yet stated to them; and all the Preliminaries in the Case of Stephen Goudet and others (which was the last Instance of Impeachments for Misdemeanors) were easily settled and agreed to, without any such Committee.

"4thly. The Lords cannot but observe, that this Proposal of the Commons comes so very late, that their Lordships can expect no other Fruit of such a Committee, but the preventing of the Trials during this Session.

"The Lords assure the Commons, that, in case any Difficulties shall arise in the Progress of these Trials (which their Lordships do not foresee), they will be ready to comply with the Commons, in removing them, as far as Justice and the Usage of Parliament will admit."

Message to H. C. for the Conference.

A Message was sent to the House of Commons, by Sir Richard Holford and Mr. Gery:

To desire a present Conference, in the Painted Chamber, upon the Subject-matter of the last Conference.

Waldron versus Mallock's Bill.

Upon reading the Petition of John Waldron; desiring to be heard to Rawlin Mallock's Bill:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard at the Committee to whom the said Bill stands committed.

Counsel assigned Lord Somers.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Northey, Mr. Pooley, Mr. Dormer, and Mr. Dod, shall be, and are hereby, assigned Counsel for the Lord Sommers, at his Trial upon the Articles of Impeachment against him; and that the Lord Sommers may have Orders for Witnesses.

Message from H. C. insisting on their Desire for a Committee of both Houses to be appointed, for adjusting Matters relative to the Impeachments depending.

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

To acquaint this House, "That the Commons, in Hopes of avoiding all Interruptions and Delays in proceeding against the impeached Lords, and the many Inconveniencies which might arise thereby, having proposed to your Lordships, at a Conference, that a Committee of both Houses might be nominated, to consider of the most proper Ways and Methods of proceeding on Impeachments, think they might justly have expected your Lordships Compliance with their said Proposition, instead of your Lordships Answer to their Message of the Fourth Instant, which they Yesterday received; in which Answer of your Lordships, though many Matters of great Exception are contained, a suitable Reply whereunto would inevitably destroy all good Correspondence between the Two Houses; yet the Commons, from an earnest Desire inviolably to preserve the same, as well as give the most convincing Proof of their Moderation, and to shew their Readiness to bring the impeached Lords to speedy Justice, at present insist only on their Proposition, for a Committee of both Houses to settle and adjust the necessary Preliminaries to the Trials; particularly, Whether the impeached Lords shall appear on their Trials at your Lordships Bar as Criminals? Whether, being under Accusations of the same Crimes, they are to sit as Judges on each others Trials for those Crimes, or can vote in their own Cases; as we find from your Lordships Journals, since their being impeached, they have been admitted to do? Which Matters, and some others, being necessary to be adjusted, the Commons cannot but insist on a Committee of both Houses to be appointed for that Purpose; their departing from which, would be giving up the Rights of the Commons of England, known by unquestionable Precedents and the Usage of Parliament; and making all Impeachments, the greatest Bulwark of the Laws and Liberties of England, impracticable for the future."

ORDERED, That the Message received this Day from the House of Commons shall be considered To-morrow, at Twelve a Clock.

Answer from thence, about the Conference.

The Messengers sent to the House of Commons return Answer:

That the Commons will give a Conference, as desired.

Then, the Commons being come to the Conference, the Managers Names of the last Conference were read; and the House adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord Steward reported, "That the Lords had been at the Conference; and delivered their Reasons, as ordered."

Thwaytes versus Dye.

After hearing Counsel, upon the Petition of Josiah Thwayts, an Infant, Son and Heir of James Thwayts deceased; shewing (amongst other Things), "That, pursuant to an Order of this House, upon a former Hearing, the Twentieth of March One Thousand Six Hundred Ninety-nine, wherein it was ordered, "That the Petitioner should try the Cause before the End of Michaelmas Terme then next ensuing, upon the former Issue; and that the Petitioner should be allowed the Benefit of the Deed of Appointment, dated the Twentieth of August One Thousand Six Hundred Seventy-nine;" and that, pursuant to the said Order, a Trial hath been had in the Exchequer; on reading the Deed of Appointment and full Evidence, the Petitioner obtained a Verdict, "That the Deed of Settlement, dated the Twelfth of December One Thousand Six Hundred Seventy-nine, was not razed;" and praying, That the Decree of the Court of Exchequer may be absolutely reversed, and the Petitioner have his Costs in respect of the last Trial; and that the Respondent John Dey and Frances his Wife may answer thereunto;" as also upon hearing Counsel for the Lady Bridgeman, and John Dey and his Wife; and due Consideration of what was offered thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That there be a new Trial, on the former Issue, before the End of Michaelmas Terme next, in the Exchequer; and that the said Josiah Thwayts shall be allowed the Benefit of the Deed of Appointment, dated the Twentieth of August One Thousand Six Hundred Seventy-nine; and the Costs of the last Trial are to be paid to the said Josiah Thwayts, or his Agent, before the said new Trial be had; and the Lady Bridgeman may, if she thinks fit, (in the Name of John Dey and his Wife) make Defence at the said Trial, and is at Liberty to make Use of any legal Evidence; and that the same Persons may be Plaintiffs as before.

The House being moved, "To adjourn;" and Debate thereupon:

The Question was put, "Whether this House shall be now adjourned?"

It was Resolved in the Negative.

Then it being proposed to read the Aid Bill:

After further Debate;

This Question was put, "Whether this Debate shall be adjourned till To-morrow Morning?"

It was Resolved in the Negative.

Supply Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for granting an Aid to His Majesty, for defraying the Expence of His Navy, Guards, and Garrisons, for One Year, and for other necessary Occasions," shall be read the First Time on Thursday next, at Eleven a Clock.

Preliminaries, &c. to Trials of Lords impeached, Committee to consider of.

Lords Committees appointed to consider of the Methods and Preliminaries, in order to the Trials of the Lords impeached; and report to the House.

Dux Devon, Senescallus.
Dux Somerset.
Dux Bolton.
Dux Newcastle.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Kent.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Scarsdale.
Comes Shaftsbury.
Comes Maclesfeld.
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Marlborough.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Grantham.
Viscount Townshend.
Viscount Weymouth.
Epus. Londin.
Epus. Sarum.
Epus. Bangor.
Epus. Norwic.
Epus. Cicestr.
Epus. Oxon.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Fitzwalter.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley S.
Ds. Granville.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondley.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

Their Lordships, or any Five of them; to meet To-morrow, at Ten of the 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 Mercurii, (videlicet,) undecimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.