House of Lords Journal Volume 16: 2 June 1701

DIE Lunæ, 2 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hertford Gaol, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for removing the County Gaol of Hertford."

Deane's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of the Estate of James Deane; and for securing the Monies raised thereby for the Benefit of himself and Family, according to the Settlement thereof."

Mallock's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Sale of the Estate of Rawlin Mallock Esquire deceased, for discharging the Monies, Debts, and Charges thereupon."

Message from H. C. to return Ly. Bulkeley's Bill.

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

To return the Bill, intituled, "An Act to enable the Right Honourable Elizabeth Viscountess Bulkley, of Cassells, in the Kingdom of Ireland, to sell certain Lands, in the County of Devon, and City and County of the City of Exon, for the Payment of Debts;" and to acquaint this House, that they have agreed to their Lordships Amendment.

Cardoso & al. Nat. Bill.

The Lord Viscount Weymouth reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Jusper Cordoso, Herman Van t'Wedde, and others," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for naturalizing Archibald Arthur, and enabling him to settle and dispose of his Estate;" to which they desire the Concurrence of this House.

Arthur's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Archibald Arthur, and enabling him to settle and dispose of his Estate."

Precedents of Impecahments, &c.

The House was adjourned during Pleasure.

After some Time, the House was resumed.

And the Earl of Stamford reported from the Lords Committees, appointed to consider of the Manner in delivering Articles of Impeachments by the Commons, the Precedents following; (videlicet,)

"7th February. 25th H. VIII. The Bishop of London impeached by the Commons, for imprisoning Tho. Phillips on Suspicion of Heresy.

"9th February. The Articles were read."

"20th March, 1620. The Commons, at a Conference, accuse the Lord Chancellor St. Alban and the Bishop of Landaff of Bribery and Corruption."

"16th April, 1624. The Commons, at a Conference, accuse the Earl of Middl'x Lord Treasurer of Bribery."

"19th May, 1624. The Commons accuse the Bishop of Norwich of several Matters, by them then particularly mentioned at a Conference."

"29th December, 1640. The Commons accuse Sir George Radcliffe of High Treason.

"31th December. They deliver the Articles, at a Conference."

"22th December, 1640. The Lord Keeper Finch was impeached."

"20th January, 1640. Report of what he was accused of, at a Conference."

"18th December, 1641. Daniel O'Neale impeached."

"30th August, 1641. The Earl of Bridgewater impeached; and Articles read, but not entered."

"6th December, 1660. William Drake impeached, and Articles brought up."

"24th April, 1668. Sir William Penn was impeached; and the Articles delivered at a Conference the same Day."

"29th December, 1666. The Commons, at a Conference impeach the Lord Viscount Mordaunt.

"3 January. The Conference was reported, and the Articles read."

"23d December, 1678. Post Meridiem. The Earl of Danby was impeached, and Articles brought up against him at the same Time."

"5th December, 1678. The Earl Powys, Lord A. Wardour, Lord Bellasyse, Lord Petre, and Lord Viscount Stafford, were impeached.

"30th. The Parliament was prorogued to the 4th February, and was dissolved the 24th January.

"6th March. A new Parliament met.

"7th April, 1679. Articles were brought up against them."

"21th December, 1680. Mr. Seymour was impeached, and Articles were brought up at the same Time."

"7th January, 1680. Sir William Scroggs was impeached, and Articles brought up at the same Time."

"7th January, 1680. The Earl of Tyrone was impeached, but no Articles brought up.

"10th January. The Parliament was prorogued to the Twentieth, dissolved the 18th."

"26th March, 1681. Mr. Fitzharris was impeached, no Articles brought up.

"28th March. The Parliament was dissolved."

"26th June, 1689. Blaire, Vaughan, Nole, Elliot, and Grey, were impeached, and Articles brought up."

"26th October. The Earl of Salisbury and Earl of Peterborow were impeached; special Matter assigned the same Day."

"27th April, 1695. The Duke of Leeds was impeached.

"29th April. Articles were brought up."

"10th May, 1698. Goudet and others were impeached.

"17th. Articles brought up."

"28th May, 1698. John Auriol and John Dumaistre were impeached.

"8th June. Articles were brought up against them."

Mine head Harbour, Bill.

A Message was brought from the House of Commons, by Sir Jacob Banks and others:

To return the Bill, intituled, "An Act for the recovering, securing and keeping in Repair the Harbour of Minhead, for the Benefit and Support of the Navigation and Trade of this Kingdom;" and to acquaint this House, that they have agreed to the Lords Amendments made to the said Bill.

Kirkby versus Ormsby.

Whereas this Day was appointed for the further Consideration and Hearing of the Cause wherein Temperance Kirkby is Appellant, and Gilbert Ormsby Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed thereupon on Friday next, at Eleven a Clock.

Wharton versus Sir Jo. Tily.

Upon reading the Petition of William Wharton and Eunuce his Wife; shewing, "That, upon the reversing of the Decree on Saturday last, in his Cause, wherein Sir Joseph Tily and Dame Deborah his Wife were Appellants, in order to a new Trial; they humbly pray, that the Appellants may pay the Petitioners full Costs of the last Trial at Bar, which is what the Petitioners did to the Appellants when they had a new Trial granted them:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear One Counsel on either Side, to this Matter, To-morrow, at Eleven a Clock.

King's Answer, concerning Bills ready for His Royal Assent.

The Lord Steward acquainted the House, "That he had attended His Majesty, to acquaint Him, that there were Bills ready for His Royal Assent; and His Majesty was pleased to say, He would come very speedily."

King's Answer to Message for a Place in Westminster Hall.

The Lord Great Chamberlain acquainted the House, "That he had attended His Majesty with their Address, for a Place to be prepared in Westminster Hall, for the Trial of the Earl of Orford; and His Majesty was pleased to say, He would give Order for the Place to be prepared, as desired."

Answer to the Commons Message about the Impeachments depending.

ORDERED, That the Committee, appointed on Saturday last, do meet presently, to draw an Answer to be sent to the House of Commons, to their Message received the One and Thirtieth of May last.

Then the House was adjourned during Pleasure.

After some Time, the House was resumed.

And the Earl of Stamford reported the Answer drawn by the Committee, to be sent to the House of Commons, to their Message received the One and Thirtieth of May last.

Which was read, as followeth; (videlicet,)

"The Lords do think fit, upon Occasion of the Message of the Commons of the One and Thirtieth of May, to acquaint that House, That, having searched their own Journals, they do not find that, after a general Impeachment, there has ever been so long a Delay of bringing up the particular Articles of Impeachment, sitting the Parliament; and therefore the Lords do think, they had Reason to assert, that it was a Hardship to the Two Lords concerned (especially after this House had put the House of Commons in Mind of exhibiting such Articles), and not agreeable to the usual Proceedings in Parliament: And as the Lords do not controvert what Right the Commons may have of impeaching in general Terms, if they please; so the Lords, in whom the Judicature does entirely reside, think themselves obliged to assert, that the Right of determining what is a due Time, in which the particular Articles of Impeachment ought to be exhibited, is lodged in them only.

"The Lords hope, the Commons, on their Part, will be as careful not to do any Thing that may tend to the Interruption of the good Correspondence between the Two Houses, as the Lords shall ever be on their Part; and the best Way to preserve that is, for neither of the Two Houses to exceed those Limits, which the Law and Custom of Parliament have already established."

Then the House went into Consideration of this Report.

And, after Debate,

It was ORDERED, That the further Consideration thereof, and Debate thereupon, be adjourned till Tomorrow, Twelve a Clock.

Fitton Gerard against the E. of Macclesfield's Bill.

Upon reading the Petition of Fitton Gerrard Esquire; praying, "That the Bill, intituled, An Act for vesting several Manors, Lands, and Tenements, late the Estate of Charles Earl of Maclesfeld, deceased, in Charles now Earl of Maclesfeld and his Heirs, thereby to enable him to make Settlements thereof, may not pass:"

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) To-morrow, at Ten a Clock; and that the Petitioner do then attend.

Glover versus Seignoret.

The House being moved, on the Behalf of Stephen Seignoret, Respondent to the Appeal of Gabriel Glover, "That a Day may be appointed for hearing of the Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Twelfth Day of this Instant June, at Eleven a Clock.

American Plantations, Bill for re-uniting Governments of, to the Crown.

Whereas this Day was appointed for the House to be in a Committee upon the Bill, intituled, "An Act for re-uniting to the Crown the Government of several Colonies and Plantations in America;" and the Earl of Bathe and others to be heard, by their Counsel, thereunto:

It is ORDERED, That the House shall be put into a Committee thereupon, on Wednesday next; and the Earl of Bathe and others then to be heard.

St. Martin's Ground, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better improving a certain Piece of Ground in the Parish of St. Martin's in the Fields, and for other the Purposes therein mentioned."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) tertium diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.