House of Lords Journal Volume 17: 11 January 1703

DIE Lunæ, 11 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hacket's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling Andrew Hackett Esquire to dispose of several Messuages and Lands, in the Counties of Stafford and Warwick, and City of Litchfield, for making Provision for his Younger Children; upon settling another Estate, in Stroxton, in the County of Lincoln, of better Value, to the same Uses as the Messuages and Lands in the Counties of Stafford and Warwick, and City of Litchfield, were settled."

Hodson's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Messuages, Lands, Tenements, and Hereditaments, of Tobias Hodson the Elder, Esquire, a Lunatic, in Trustees, for Payment of his Debts; and making Provision for himself, his Wife, and only Son."

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 Richard Holford and Dr. Edisbury:

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

Ormsby versus Ormsby, et è contra.

The House being moved, "That a Day may be appointed for hearing of the Appeals depending in this House; one, wherein John Ormsby Esquire is Appellant, and Henry Dodwell Esquire and his Wife are Respondents; the other, wherein John Ormsby Esquire is Appellant, and Elizabeth Ormsby Widow, Respondent; and the Cross Appeals, wherein Henry Dodwell and his Wife are Appellants, and John Ormsby Esquire Respondent; the other, wherein Elizabeth Ormsby Widow is Appellant, and John Ormsby Respondent:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes, by Counsel, at the Bar, on Wednesday the Twentieth Day of this Instant January, at Eleven a Clock.

L. Viscount Roseberie versus Taylor & al.

The House being moved, "That a Day may be appointed for hearing of the Cause wherein Archibald Primrose, Lord Viscount Roseberie in the Kingdom of Scotland, and the Lady Dorothy his Wife, are Appellants, and James Taylor and Elizabeth his Wife, and Samuel Tireman, are Respondents:"

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 One and Twentieth Day of this Instant January, at Eleven a Clock.

Address, advising Her Majesty to augment Her Troops in The Low Countries, on Condition that the Allies drop all Correspondence, by Letters, &c. with France and Spain:

The Earl Marshal reported from the Lords Committees the Address drawn by them.

Which was read, and agreed to by the House, as follows:

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, do return Your Majesty our most humble Thanks, for communicating the several Letters and Memorials of The States General to this House: And, having taken Notice how much Time has been already spent in this Negotiation, and with what repeated and pressing Instances The States General have represented the Apprehensions they are under, from the extraordinary and forward Preparations of the French; do take Leave humbly to advise Your Majesty, that without any further loss of Time, You will be pleased to agree to the Proposals made to Your Majesty by the said States General, for such an Augmentation of Forces, as may disappoint the great and early Preparations of France, and effectually support and defend the Common Cause: And we do further humbly acquaint Your Majesty, that it is the Opinion of this House, that Your Majesty's furnishing Your Quota of the Augmentation of Troops in The Low Countries will be ineffectual, unless all Correspondence with France and Spain, by Letters or otherwise, be totally prohibited, by The States General, and all other Your Majesty's Allies."

ORDERED, That the whole House do attend Her Majesty, with this Address.

Lords with White Staves to attend the Queen about it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do humbly attend Her Majesty, to know what Time Her Majesty will be pleased to appoint, for this House to attend Her with their Address.

Prince of Denmark's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Her Majesty to settle a Revenue, for supporting the Dignity of his Royal Highness Prince George Hereditary of Denmarke, in case he shall survive Her Majesty."

ORDERED, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time spent therein, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had agreed to several Clauses in the Bill, to the Ninth Press."

Act of Settlement not to extend to deprive Persons born out of England, created Peers before that Act, from sitting in this House, Question about:

Then the House was moved, "That a Bill be brought in, to declare, That the Act of Settlement doth not extend to deprive any Peer of this House from sitting in Parliament after that Bill shall take Place."

And it being proposed, "To adjourn the Debate, Whether a Declaratory Bill shall be brought in, as hath been moved?"

And Debate thereupon:

This Question was stated, "That a Bill be brought in, to declare, that such Persons born out of England, as were Peers before the Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, are not comprised in the Disabilities contained in that Act?"

After Debate;

The Question was put, "Whether this Debate shall be adjourned to Wednesday next?"

It was Resolved in the Negative.

Then the Question was put, "Whether a Bill shall be brought in, to declare and enact, That such Persons as were born out of England, as were Peers before the Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, are not comprised in the Disabilities contained in that Act?"

Then it was proposed, "To hear the Judges, as to the Force of a Law already passed, for Limitation of the Crown."

After Debate;

It was agreed, that the Judges be now heard.

Whereupon, the Lord Chief Justice of the Common Pleas (in Behalf of all the Judges) desired, "That they may be excused from giving their Opinions;" and said, It is on the Right of Peerage, and of Lords sitting in Parliament; but that, if it was their Lordships Pleasure to command them to give their Opinions, they desired to have further Time allowed them."

Judges to prepare a Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare and bring in a Bill, to declare and enact, "That such Persons as were born out of England, as were Peers before the Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, are not comprised in the Disabilities contained in that Act."

Prince of Denmark's Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for enabling Her Majesty to settle a Revenue, for supporting the Dignity of his Royal Highness Prince George Hereditary of Denmarke, in case he shall survive Her Majesty," shall lie on the Table.

Dalton to enter into Recognizance for Dodwell.

The House being moved, "That Richard Dalton may enter into Recognizance for Henry Dodwel and his Wife, upon their Appeal depending in this House, they being in Ireland:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Dalton may enter into a Recognizance for Henry Dodwel and his Wife, as desired.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.