House of Lords Journal Volume 16: 30 November 1696

Journal of the House of Lords: Volume 16, 1696-1701. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 16: 30 November 1696', in Journal of the House of Lords: Volume 16, 1696-1701, (London, 1767-1830) pp. 23-25. British History Online https://www.british-history.ac.uk/lords-jrnl/vol16/pp23-25 [accessed 19 March 2024]

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In this section

DIE Lunæ, 30 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Londin.
Epus. Dunelm.
Epus. Winton.
Epus. Roffen.
Epus. Menev.
Epus. Hereford.
Epus. Oxon.
Epus. Petrib.
Epus. Cestr.
Epus. Bristol.
Epus. Lincoln.
Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Dux Devon, Ds. Senescallus.
Dux Somerset.
Dux Richmond.
Dux Ormonde.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
March. Halifax.
March. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Dorsett, Ds. Camerarius.
Comes Oxford.
Comes Kent.
Comes Suffolke.
Comes Bridgewater.
Comes Warwick.
Comes Denbigh.
Comes Bolingbroke.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Bathe.
Comes Carlisle.
Comes Craven.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Fauconberge.
Comes Monmouth.
Comes Montagu.
Comes Marleborough.
Comes Torrington.
Comes Scarbrough.
Comes Warrington.
Comes Rumney.
Comes Rochford.
Comes Tankerville.
Viscount Hereford.
Viscount Weymouth.
Viscount Longueville.
Ds. Bergevenny.
Ds. Willoughby Er.
Ds. Lawarr.
Ds. Berkeley Ber.
Ds. Morley.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Eure.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard Esc.
Ds. Raby.
Ds. Leigh.
Ds. Jermyn.
Ds. Ward.
Ds. Culpeper.
Ds. Clifforde.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.

PRAYERS.

Low Wines, &c. Duties on, Bill to explain the Act for, and to prevent Frauds in Brewers, &c.

Hodie 3a vice lecta est Billa, intituled, "An Act to explain that Part of the Act passed the last Session of Parliament, for laying several Duties on Low Wines and Spirits of the First Extraction; and for preventing the Frauds and Abuses of Brewers, Distillers, and other Persons chargeable with the Duties of Excise, which relates to the Payment of Tallies, and the Interest thereof."

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.

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

Warner's Act to explain, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act explaining a former Act of Parliament, intituled, "An Act for enabling Trustees to sell Part of the Estate of Edmund Warner deceased, for Payment of his Debts; and for preserving the rest for the Benefit of his Heir."

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 John Francklin and Sir Robert Legard:

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

Mynors' Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Settlement of the Manor of Treyagoe, in the County of Hereford, and other the Lands late of Crompton Mynors Esquire, deceased; and for raising and increasing of the Portion of Theodosia Mynors, the Daughter of the said Crompton, she being an Infant, of the Age of Seventeen Years."

Countess Roscommon versus Walcott, in Error.

Upon reading the Petition of Isabella Dillon Widow, Countess of Roscomon, Relict of Wentworth Dillon Esquire, late Earl of Roscomon in the Kingdom of Ireland; shewing, "That there is a Writ of Error depending in this House, wherein His Majesty's Attorney General hath assigned Errors; and praying, that John Walcott Gentleman, Son of Thomas Walcott, may join Issue thereupon:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Walcott shall join Issue thereupon, on or before Thursday the Tenth Day of December next, at Ten of the Clock in the Forenoon.

Sir J. Hanham's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Manor of Holme, alias East Holme, and other Lands and Tithes of Sir John Hanham Baronet, in Trustees, to be sold, for discharging a Mortgage thereupon, and Payment of his other Debts."

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

D. Bolton.
March. Normanby.
March. Halifax.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Bridgewater.
Comes Warwick.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Bathe.
Comes Craven.
Comes Suffex.
Comes Maclesfeld.
Comes Nottingham.
Comes Rochester.
Comes Monmouth.
Comes Marleborough.
Comes Scarbrough.
Comes Bradford.
Viscount Weymouth.
Viscount Longueville.
Epus. Duresme.
Epus. Menev.
Epus. Cestr.
Epus. Oxon.
Epus. Petrib.
Epus. Gloucestr.
Epus. Lincoln.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Morley.
Ds. Ferrers.
Ds. Willuby Br.
Ds. Hunsdon.
Ds. Poulett.
Ds. Howard Esc.
Ds. Jermyn.
Ds. Culpeper.
Ds. Clifforde.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Guilford.
Ds. Jeffreys.
Ds. Weston.
Ds. Herbert Ch.
Ds. Haversham.

Their Lordships, or any Five of them; to meet on Thursday 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.

House to be called; and Lords to attend, on Pain of being taken into Custody.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve a Clock, this House shall be called; and that such Lords who are in Town, or within Ten Miles thereof, that do not then attend, shall be taken into Custody.

Orders for Lords to attend, on Pain of being taken into Custody.

Upon reading over the List of such Lords as were ordered to attend this Day; William Lord Byron not being present:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, if the said Lord Byron do not attend this House on Monday the Seventh Day of December next, at Ten of the Clock in the Forenoon, his Lordship shall be taken into Custody of the Serjeant at Arms attending this House, without any further Order of this House to be made in that Behalf.

The like Order was sent to his Grace the Duke of Beaufort and the Earl of Huntingdon, to attend by Thursday the Tenth of December next.

The like Order was sent to the Bishop of Norwich and the Lord Chandos, to attend by Friday the Fourth of December next.

The like Order was sent to the Duke of Newcastle and the Lord Bishop of Coventry & Lichfield, to attend on Monday the Seventh of December next.

The like Order was sent to the Earl of Rutland, to attend by Thursday the Tenth of December next.

Sir M. Eustas to attend.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Maurice Eustas be summoned to attend this House presently.

Dobbyns to attend, about Mynors Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Robert Dobbyns do attend this House To-morrow, at Ten of the Clock in the Forenoon, to be sworn, in order to give his Assent to Crompton Mynors' Bill.

M. Normanby versus D. Devon.

After hearing Counsel this Day, at the Bar, upon the Petition of John Marquis of Normanby, and the Answer of his Grace the Duke of Devonsh'r, as to such Matters of Fact as have passed in relation to the Waiving of Privilege, in a Cause depending in Chancery, between the Marquis of Normanby, the Lord Berkeley of Stratton, and his Grace the Duke of Devonsh'r:

Waiving and resuming Privilege, Precedents of.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, on Friday the Fourth Day of December next, this House shall take this Matter into further Consideration; and that, in the mean Time, the Clerks do search Precedents relating to the waiving and resuming of Privilege.

Message from H. C. for a Conference, concerning the Ease of the Subject.

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

To desire a Conference with this House, to communicate to them a Resolution of their House, for the Ease of the Subject.

Answer.

To which the House agreed; and appoint it presently, in the Painted Chamber.

The Commons, being called in, were told, "That the Lords agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

Managers.

Then the Lords following were named Managers thereof; (videlicet,)

Dux Leeds, Ds. Præses.
Dux Somerset.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
March. Halifax.
March. Normanby.
Comes Dorset, Ds. Camerarius.
Comes Bridgewater.
Comes Stamford.
Comes Marleborough.
Comes Tankerville.
Viscount Longueville.
Ds. Ferrers.
Ds. Raby.
Ds. Cornwallis.
Ds. Herbert Ch.

The Commons being come to the Conference; the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Lord President reported, "That the Lords had attended at the Conference, and received the following Resolution of the House of Commons; (videlicet,)

Resolution of H. C. that their Members shall have no Privilege, except for their Persons, longer than the Parliament sits.

"Resolved, nemine contradicente,

"That no Member of this House, during the Continuance of this Parliament, have any Privilege (except for his Person only), against any Commoner, in any Suit or Proceeding in Courts of Law or Equity, for any longer Time than the House shall be actually sitting for Dispatch of Business in Parliament."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, on Monday the Seventh Day of December next, this House shall take into Consideration the Subject-matter of the Conference had this Day with the House of Commons.

Sir J. Fenwick Pen, Ink, and Paper, in Newgate, without Order:

A Letter from Sir Wm. Trumball being read; shewing, "That, contrary to the Order of this House, the Keeper of Newgate hath suffered Sir John Fenwick to have Pen, Ink, and Paper, without Leave of any Person appointed by the Secretary of State:"

Fell the Keeper sent for:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That James Fell, now Keeper of Newgate, do attend this House To-morrow, at Eleven of the Clock in the Forenoon.

Sir J. Fenwick to speak with no Person whatsoever:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Sheriffs of London and Middl'x do take Care to assist in the safe keeping of Sir John Fenwick Baronet, and in bringing him hither To-morrow, at Eleven of the Clock in the Forenoon; and that he be not suffered to speak with any Person whatsoever.

Allowed Pen and Ink, &c. under Restrictions.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Fenwick, now Prisoner in Newgate, shall be allowed Pen, Ink, and Paper, to be used only in the Presence of One of the Sheriffs of London and Middl'x, and such other Person as the Secretary of State shall think fit to appoint.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) primum diem Decembris jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.