House of Lords Journal Volume 16
23 June 1701

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1767-1830

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'House of Lords Journal Volume 16: 23 June 1701', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 765-767. URL: http://british-history.ac.uk/report.aspx?compid=13929 Date accessed: 22 September 2014.


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DIE Lunæ, 23 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Sarum.
Epus. Bangor.
Epus. Elien.
Epus. Litch. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Lincoln.
Epus. Cicestr.
Ds. Custos Magni Sigilli.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux St. Albans.
Dux Bolton.
Dux Schonburg.
Dux Newcastle.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Huntingdon.
Comes Dorset & Middl'x.
Comes Denbigh.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Shaftsbury.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Berkeley.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Montagu.
Comes Marlborough.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Ds. Bergevenny.
Ds. Fitzwalter.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Mohun.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley S.
Ds. Granville.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Low Wines, Coffee, &c. Duties on, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty several Duties upon Low Wines, or Spirits of the First Extraction; and continuing several additional Duties upon Coffee, Tea, Chocolate, Spices, and Pictures; and certain Impositions upon Hawkers, Pedlars, and Petty Chapmen, and the Duty of Fifteen Pounds per Cent. upon Muslins; and for improving the Duties upon japanned and lacquered Goods; and for continuing the Coinage Duty, for the several Terms and Purposes therein mentioned."

After some Time spent therein, the House was resumed.

And the Lord Lucas reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Duties upon Low Wines, or Spirits of the First Extraction; and continuing several additional Duties upon Coffee, Tea, Chocolate, Spices, and Pictures; and certain Impositions upon Hawkers, Pedlars, and Petty Chapmen, and the Duty of Fifteen Pounds per Cent. upon Muslins; and for improving the Duties upon japanned and lacquered Goods; and for continuing the Coinage Duty, for the several Terms and Purposes therein mentioned."

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 Amendments.

Proceedings in relation to Impeachments, to be printed.

The Earl of Stamford acquainted the House, "That the Lords Committees appointed to draw, or extract out of the Books, what is to be printed, in relation to the Lords impeached, and the Proceedings thereupon; what was transcribed in order thereunto; and that there was more to be extracted, which as yet was not transcribed."

Whereupon it was ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That any Three of the Lords of the said Committee do meet when they please, after the House is up; and give Order to the Clerk for what shall be further transcribed out of the Journals, in order to the printing thereof.

Public Accompts, Commissioners to take, &c. Bill:

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned."

After some Time, the House was resumed.

And the Earl of Stamford reported, "That the Committee had gone through the said Bill, with several Amendments."

Which were read Twice, and agreed to.

Hodie 3a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to take, state, and examine, the several and respective Accompts therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To return the said Bill, and desire their Concurrence to their Lordships Amendments made therein.

Resolutions in Votes of H. C. and Advice to put off the Meeting of this Parliament, censured.

The House resumed the adjourned Debate, upon the printed Votes of the House of Commons, of the Twentieth Instant.

After Debate;

It was proposed, "To declare, That the Resolutions of the House of Commons, in their Votes of the Twentieth Instant, contain most unjust Reflections on the Honour and Justice of the House of Peers, and are contrived to cover their affected and unreasonable Delays in prosecuting the impeached Lords."

The Question was put, "Whether this shall be the Resolution of the House?"

It was Resolved in the Affirmative.

1. "It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Resolutions of the House of Commons, in their Votes of the Twentieth Instant, contain most unjust Reflections on the Honour and Justice of the House of Peers, and are contrived to cover their affected and unreasonable Delays in prosecuting the impeached Lords."

It being also proposed, "To declare, That the said Resolutions do manifestly tend to the Destruction of the Judicature of the Lords, to the rendering Trials on Impeachments impracticable for the future, and to the subverting the Constitution of the English Government:"

The Question was put, "Whether this shall be the Resolution of the House?"

It was Resolved in the Affirmative.

2. "It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Resolutions do manifestly tend to the Destruction of the Judicature of the Lords, to the rendering Trials on Impeachments impracticable for the future, and to the subverting the Constitution of the English Government."

It being also proposed, "To declare, That whatever ill Consequences may arise, from the so long deferring the Supplies for this Year's Service, are to be attributed to the fatal Counsel of putting off the Meeting of a Parliament so long, and to the unnecessary Delays of the House of Commons."

After Debate;

"The Question was put, "Whether the last Words shall stand Part of the Resolution ?"

It was Resolved in the Affirmative.

Then the whole Resolution was read.

And the Question was put, "Whether these Words shall be the Resolution of the House?"

It was Resolved in the Affirmative.

3. "It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That whatever ill Consequences may arise, from the so long deferring the Supplies for this Year's Service, are to be attributed to the fatal Counsel of putting off the Meeting of a Parliament so long, and to the unnecessary Delays of the House of Commons."

Protest against imputing the Delay of the Supplies to the Commons:

"Dissentient.

Because, though I humbly conceive it is evident to all Englishmen, that nothing could be more fatal to the Interest of Europe, to the Interest of the Protestant Religion, and the Safety of England, than the so long Delay of the Meeting of a Parliament, after the Death of the King of Spain; yet I cannot agree to the latter Part of this Vote, which lays Imputations of unnecessary Delays to this House of Commons."

"Peterdosow."

Resolutions to be printed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the several Resolutions made this Day be printed, with what was formerly ordered to be printed out of the Journals, relating to the Lords that were impeached.

Message from H. C. to return Bigg's Bill.

A Message was brought from the House of Commons, by Sir John Key and others:

To return the Bill, intituled, "An Act to enable Richard Bigg to charge Part of his Estate, in the Counties of Hertford and Bedford, with the Payment of his Debts;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

E. of Peterborough's Privilege:

The House being informed, upon Oath, at the Bar, "That James Drake, menial Servant to the Earl of Peterborow and Monmouth, a Peer of this Realm, was on Saturday last arrested, by Peter Nasb and John Elkinton, at the Suit of Robert Gore, by the Order of the said Robert Gore and Gravesly Norton his Attorney:"

Nash, Gore, & al. to be attached, for arresting Drake, his Servant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Peter Nash, John Elkinton, Gravesly Norton, and Robert Gore, and bring them in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.

To Peter Persehouse Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Drake discharged.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That James Drake shall be, and he is hereby, discharged from the Arrest he now lies under; and this shall be a sufficient Warrant on that Behalf.

To all Mayors, Sheriffs, Bailiffs, Constables, and other Officers whom it may concern.

E. Marshal's Precedency.

Whereas this Day was appointed for the Report to be made of what was offered, by Counsel, on Saturday last, in relation to the Precedency claimed by the Earl of Carlisle, as Earl Marshal of England; and also to hear the Judges thereupon:

The House being informed, "That the Judges desired farther Time to consider thereof:"

It was thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the former Order of this House, of the Seventeenth Instant, relating to the Earl Marshal's Precedency, shall stand and be in Force until the said Claim of Precedency shall be determined by this House.

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

E. Orford's Trial:

The House was called over by the Clerk, and the Names of the Lords present set down by the Heralds.

House adjourned to Westm. Hall:

Then the House was adjourned to Westminster Hall; and the Lords went in the same Order as they did to the Lord Sommers's Trial.

And, being come to the Hall, and seated, the House was resumed.

Leave was given to the Judges to be covered.

Proclamation being made for Silence, the following Proclamation was made for Prosecution; (videlicet,)

Proclamation for Prosecution:

"Whereas a Charge of high Crimes and Misdemeanors has been exhibited, by the House of Commons, in the Name of themselves and all the Commons of England, against Edward Earl of Orford: All Persons concerned are to take Notice, that he now stands upon his Trial; and that they may now come forth, in order to make good the said Charge."

Articles read:

Then the Articles of Impeachment against Edward Earl of Orford were read; and also his Lordship's Answer to the said Articles.

Then the same Proclamation as before was made, for Prosecution.

And the Lord Keeper declared, "That the Court is now ready to proceed upon the Trial of Edward Earl of Orford; and therefore their Lordships are to give Attention."

The Earl of Orford said, "His Counsel were ready to be heard, if the House pleased."

Lords adjourn to the House:

Then the House was moved, and did adjourn to the House above; and returned in the same Manner as they went down.

Then the House was resumed.

And ORDERED, That the same Method be observed, in giving Judgement in the Hall, as was at the Lord Sommers's Trial, and the like Question put in the Hall.

The House being called over, and the Name of every Lord present writ down for the Lord Keeper;

House adjourned to Westm. Hall:

The House was again adjourned to Westminster Hall.

Where the House was resumed, and Proclamation made for Silence.

Then the Lord Keeper put this Question,

"That Edward Earl of Orford be acquitted of the Articles of Impeachment exhibited against him by the House of Commons, and all Things therein contained; and that the said Impeachment be dismissed."

The Lord Keeper asked every Lord present, "Whether Content, or Not Content;" beginning at the lowest Baron.

E. of Orford acquitted.

After which, the Lord Keeper declared, "That the Votes were unanimous in the Affirmative."

Then the Lord Keeper declared, "That Edward Earl of Orford was acquitted of the Articles of Impeachment against him, exhibited by the House of Commons, and all Things therein contained; and that the said Impeachment be dismissed.

And his Lordship also declared to the Earl of Orford, That he was acquitted."

Then the House adjourned to the House above.

And, being resumed,

"It is Considered, ORDERED, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Edward Earl of Orford shall be, and he is hereby, acquitted of the Articles of Impeachment against him, exhibited by the House of Commons, and all Things therein contained; and that the said Impeachment shall be, and is hereby, dismissed."

Resolution concerning absent Lords:

Then, the House taking Notice, that several Lords in Town have absented themselves, though summoned to attend this Day; and that other Lords, who were present, yet absented themselves from the Trial of the Earl of Orford.

Whereupon, it was Resolved, That the Lords now in Town, who have absented themselves from appearing at the Trial of Edward Earl of Orford, and at the adjourned Debate this Day relating to the Judicature and Honour of this House, and shall not make a just Excuse for the same, are guilty of a great and wilful Neglect of their Duty.

Absent Lords excused, being sick.

Then it was moved and agreed, "That the Lord Privy Seal, the Earl of Yarmouth, the Earl of Romney, the Lord Bishop of Winchester, and the Lord Vaughan, being sick, should be excused from attending at the said Trial."

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum quartum diem instantis Junii, hora duodecima Auroræ, Dominis fic decernentibus.