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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DIE Jovis, 12 Junii.
Chancery Lane, Way out of, Bill to amend the Act for.
The Lord Mohun reported from the Lords Committees, the 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," as fit to pass, without any Amendment.
The Lord Mohun also reported from the Lords Committees, the Bill, intituled, "An Act for declaring the Will of Sir Joseph Herne Knight, dated the Five and Twentieth Day of February One Thousand Six Hundred Ninety-eight, to be taken and esteemed the last Will of the said Sir Joseph Herne," as fit to pass, without any Amendment.
Hodie 3a vice lecta est Billa, intituled, "An Act for declaring the Will of Sir Joseph Herne Knight, dated the Five and Twentieth Day of February One Thousand Six Hundred Ninety-eight, to be taken and esteemed the last Will of the said Sir Joseph Herne."
Message to H. C. in Answer to their Message about impeached Lord being without the Ear at their Trial; and about their voting whilst their Impeachment is depending.
The Earl of Stamford reported from the Lords Committees (appointed to consider of the Manner of Proceedings on Impeachments) what was drawn by them, in Answer to a Message from the House of Commons of the Tenth Instant.
To acquaint them, "That, in Answer to the Message from the House of Commons of the Tenth Instant, the Lords say, That although they take it to be unparliamentary in many Particulars; yet, to shew their real Desire of avoiding Disputes, and removing all Pretence of delaying the Trials of the impeached Lords, they will only take Notice of that Part of their Message, wherein the Commons propose some Things as Difficulties in respect of the Trials; which Matters relating wholly to their Judicature, and to their Rights and Privileges as Peers, they think fit to acquaint the Commons with the following Resolutions of the House of Lords:
"The Lords, being well assured, that all the Steps that have been taken by them, in relation to these Impeachments, are warranted by the Practice of their Ancestors, and the Usage of Parliament, have Reason to expect the Trials should proceed without Delay."
Message from thence, for a Conference about the Trials of the impeached Lords.
King present :
His Majesty, being arrayed in His Regal Robes and Crown, attended with His Officers of State, ascended His Royal Throne (the Peers being also in their Robes); commanded the Deputy Gentleman Usher of the Black Rod to signify to the Commons, "It is His Majesty's Pleasure, they attend Him presently."
"10. An Act to enable the Right Honourable Elizabeth Viscountess Bulkley, of Cashells, 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."
"11. An Act to enable Robert Lord Viscount Kilmorey, of the Kingdom of Ireland, (being an Infant) to settle divers Manors, Lands, and Hereditaments, in the Kingdom of England, upon a Treaty of Marriage."
"13. An Act to enable Sir Robert Marsham Knight and Baronet to dispose of Lands in Hertfordshire; and to settle other Lands, of better Value, in Kent, to the same Uses as the Lands in Hertfordshire are settled."
"17. An Act for the vesting and settling certain Manors and Lands in South Pickenham, and other Places in the County of Norfolke, in Trustees, to be sold; and for laying out the Monies arising by Sale thereof in the Purchase of other Lands, to be settled to such and the same Uses as the said Manors and Lands so to be vested are and stand settled."
"22. An Act for vesting a Messuage and Lands in Stevenage, in the County of Hertford, the Estate of Richard Nodes, in Trustees, to be sold, for making a Provision for his Wife and Children, equal to the Provision secured to them out of the said Estate."
"31. An Act for vesting the Estate of Thomas Bennet, late of Newton cum Larton, in the County of Chester, in Trustees, for the Use of the Poor of West Kirby, pursuant to the Will of the said Thomas Bennet."
"35. An Act for declaring the Will of Sir Joseph Herne Knight, dated the Five and Twentieth Day of February One Thousand Six Hundred Ninety-eight, to be taken and esteemed the last Will of the said Sir Joseph Herne."
St. Martin's Ground Bill, rejected.
"I return you My hearty Thanks, for the Care you have taken to establish the Succession to the Crown in the Protestant Line: And I must not lose this Occasion of acquainting you, that I am likewise extremely sensible of your repeated Assurances of supporting Me, in such Alliances, as shall be most proper for the Preservation of the Liberty of Europe, and for the Security of England and Holland. Your ready Compliance with My Desires, as to the Succours for The States General, is also a great Satisfaction to Me, as well as a great Advantage to the common Cause: And as I have nothing so much at Heart, as the Preservation of the Liberty of Europe, and the Honour and Interest of England; so I make no Doubt of attaining those great Ends, by the Blessing of God, and the Continuance of your chearful Concurrence.
"The Season of the Year makes it necessary to have a speedy Recess; and the Posture of Affairs Abroad does absolutely require My Presence, for the Encouragement of our Allies, and for the Perfecting of such Alliances as may be most effectual for the common Interest: And therefore I must recommend a Dispatch of the Public Business, especially of those Matters which are of the greatest Importance."
Smith versus Mallock's Bill.
L. Somers's Trial appointed.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Lord Sommers shall be tried, in Westminster Hall, upon the Articles of Impeachment against him, on Tuesday the Seventeenth Day of this Instant June, at Ten of the Clock in the Forenoon.
Answer to be drawn to Commons Message.
De Launay & al. Nat.
Union between England and Scotland.
The House being moved, "That a Committee may be appointed, to consider of, and lay before this House, what may be proper to be done, and what hath been done, towards an Union between England and Scotland:"
Message to H. C. in Answer to theirs concerning the Trials of the impeached Lords; and acquainting them with L. Somers's Trial being appointed in Westm. Hall.
The Earl of Stamford reported from the Lords Committees appointed to consider of the Manner of Proceedings on Impeachments, what is drawn by them, to be sent to the House of Commons, in Answer to their Message of the Eleventh Instant.
To acquaint them, "That, in Answer to the Message of the House of Commons Yesterday, the Lords say, That they cannot give a greater Evidence of their sincere and hearty Desires of avoiding all Differences with the House of Commons, and of proceeding on the Trials of the Impeachments, than by not taking Notice of the several just Exceptions to which that Message is liable, both as to the Matter and Expressions.
"But the Answer of the Lord Sommers to the Articles exhibited against him having been sent down to the Commons on the Four and Twentieth of May last; and they having, by their Message of the One and Thirtieth of May, signified to their Lordships their Intention of beginning with the Trial of his Impeachment in the First Place:
"The Lords, considering how far the Session is advanced, thought it reasonable to appoint the Thirteenth Instant for the said Trial; their Lordships finding several Precedents of appointing Trials in Impeachments within a shorter Time.
"The Lords do also think it incumbent upon them, to endeavour to dispatch the Trials of all the impeached Lords before the Rising of the Parliament: This is what Justice requires, and cannot be looked upon as a Matter of Indulgence. Nevertheless, that the Commons may see how desirous their Lordships are to comply with them, in any Thing which may be consistent with Justice, have appointed the Trial of Impeachment against John Lord Sommers on Tuesday the Seventeenth of this Instant June, at Ten of the Clock in the Forenoon, in the House of Lords, which will be then sitting in Westminster Hall."
Message to them, that the Lords agree to a Free Conference about a Committee of both Houses.
L. Howard Eser. Prosecution ordered for Bigamy.
Upon Consideration of the Petition of Charles Lord Howard Baron of Escrick, presented to this House the Eight and Twentieth of May last; praying, "That this House would apply to His Majesty, that he may have a Commission of Review; or else that this House will please to order a Prosecution of the Petitioner, for the Felony so unjustly laid to his Charge, of which this House only are Judges:"
Per Ord. 21th June Instant.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General do prosecute the said Charles Lord Howard Baron of Escrick, according to the Statute, for marrying of a Second Wife, his First Wife being living.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) decimum tertium diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.