House of Lords Journal Volume 17: 12 February 1703

Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 17: 12 February 1703', in Journal of the House of Lords: Volume 17, 1701-1705, (London, 1767-1830) pp. 276-277. British History Online https://www.british-history.ac.uk/lords-jrnl/vol17/pp276-277 [accessed 19 April 2024]

In this section

DIE Veneris, 12 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Duresme, & Crew.
Epus. Wigorn.
Epus. Roffen.
Epus. Sarum.
Epus. Hereford.
Epus. Petrib.
Epus. Gloucestr.
Epus. Oxon.
Epus. Bangor.
Epus. Carliol.		 Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Comes Pembroke, Præses.
March. Normanby, C. P. S.
Dux Somerset.
Dux Richmond.
Dux Southampton.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Oxford.
Comes Huntingdon.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holdernesse.
Comes Montagu.
Comes Torrington.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Orford.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.		 Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulett.
Ds. Mohun.
Ds. Raby.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Dartmouth.
Ds. Guilford.
Ds. Lempster.
Ds. Herbert.
Ds. Haversham.
Ds. Halifax.

PRAYERS.

Wayfoort et al. Nat. Bill.

The House took into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for naturalizing Nicholaus Wayfoort and Jacob Saunderfelt."

And the said Amendments, being read Thrice, were agreed to; and ORDERED, That the Commons have Notice thereof.

Then the House was adjourned during Pleasure.

The House was resumed.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for punishing Officers or Soldiers, who shall mutiny, or desert Her Majesty's Service, in England or Ireland; and for punishing false Musters, and for better Payment of Quarters in England;" to which they desire the Concurrence of this House.

Mutiny Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for punishing Officers or Soldiers, who shall mutiny, or desert Her Majesty's Service, in England or Ireland; and for punishing false Musters, and for better Payment of Quarters in England."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to oblige Edward Whitaker to accompt for such Sums of Public Money as hath been received by him;" to which they desire the Concurrence of this House.

ORDERED, That the said Bill shall be read on Monday next.

War in The Indies, Bill.

The Lord Herbert reported from the Lords Committees, the Bill, intituled, "An Act for the better carrying on the War by Sea and Land in The Indies;" as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and another Amendment was made by the House in the Title thereof: Which was also agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Ld. Wharton versus Squire.

After hearing Counsel, upon the Petition and Appeal of Thomas Lord Wharton, from an Order of the Court of Exchequer, dated the Fifteenth Day of July One Thousand Seven Hundred and One; as also upon the Answer of Robert Squire put in thereunto; it being proposed, by the Counsel for the Respondent Squire, To read a Copy of the Survey in Question, which came to their Hands since the Hearing in the Exchequer, though thought to be writ several Years since by Mr. Thompson, now a Clerk in the Exchequer Office:"

Counsel being withdrawn; and Debate thereupon:

This Question was put, "Whether the Copy, that is said to be taken by Mr. Thompson, shall be read?"

It was Resolved in the Negative.

Then the Counsel, being called in again, were told by the Lord Keeper, "They were not to read that Copy, but to proceed in the Cause."

Which being ended;

This Question was proposed, "Whether the Order of the Exchequer, of the Fifteenth of July One Thousand Seven Hundred and One, shall be reversed?"

Then this previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

Hereupon the following Order was made:

"After hearing Counsel, upon the Petition and Appeal of the Right Honourable Thomas Lord Wharton, from an Order of the Court of Exchequer, dated the Fifteenth Day of July One Thousand Seven Hundred and One, for filing a Parchment Writing, pretended to be a Survey (amongst other Things) of the Estate in Question; and praying, that the said Order may be discharged and set aside, and the pretended Survey or Certificate may be taken off the File, and put into the same State and Condition wherein it was when the Suits between the said Parties were commenced; as also upon the Answer of Robert Squire put in thereunto, and due Consideration of what was offered thereupon: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Trial shall be had, next Term, at the Bar in the Court of Common Pleas, by a Jury of the County of Middl'x, in an Action, wherein this shall be the feigned Issue; (videlicet,)

"Whether the Skins of Parchment, directed by Order of the Court of Exchequer, of the Fifteenth of July One Thousand Seven Hundred and One, to be filed, are the perfect, unaltered, exact, and entire Commission and Return, first filed in the Court of Exchequer, in the Sixteenth Year of King James the First:

"In which Action, the said Robert Squire shall be Plaintiff, and take the Proof of the said Issue upon himself, and the said Lord Wharton Defendant; and that the said Skins of Parchment, or any Copy thereof, shall not be given in Evidence, in any Court whatsoever, until the said Trial be over; and that the said Skins of Parchment, being now upon the File by virtue of the said Order of the Fifteenth of July, shall not be allowed as any Evidence on the said Trial for the Plaintiff; after which Trial, the Verdict given therein shall be certified and returned by the Court of Common Pleas into this House."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

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