House of Lords Journal Volume 20: 28 June 1717

DIE Veneris, 28 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irish Linen, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Liberty of exporting Irish Linen Cloth to the British Plantations in America, Duty free; and for the more effectual Discovery of, and prosecuting, such as shall unlawfully export Wool and Wollen Manufactures from Ireland; and for Relief of John Fletcher, in respect of the Duty by him paid for a Quantity of Salt lost in the Exportation for Ireland."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Message to H. C. to sit.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Meller:

To acquaint them, that the Lords do desire they will continue sitting for some Time.

Lady Butler's Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for raising and paying the Lady Amelia Butler's Portion, out of Lands in Ireland."

Messages from H. C. with a Bill; and to return Sir Tho. Frankland's Bill.

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

With a Bill, intituled, "An Act for the better regulating the Office of Sheriffs, and for ascertaining their Fees, and the Fees for sueing out their Patents, and passing their Accompts;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for confirming an Agreement made between John Wind Clerk, Vicar of Thirkleby, in the County of York, and Sir Thomas Frankland Baronet, for Exchange of the Vicarage-house and certain Lands therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Wife of the late Lord Nairn's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty to make Provision for Margaret Lady Nairn and her Children, out of her Paternal Estate, forfeited during the Life of William Murray late Lord Nairn, her Husband."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Bank Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for redeeming several Funds of the Governor and Company of the Bank of England, pursuant to former Provisos of Redemption; and for securing to them several new Funds and Allowances redeemable by Parliament; and for obliging them to advance further Sums, not exceeding Two Millions Five Hundred Thousand Pounds, at Five Pounds per Cent. per Annum, as shall be found necessary to be employed in lessening the National Debts and Incumbrances; and for continuing certain provisions formerly made, for the Expences of His Majesty's Civil Government; and for Payment of Annuities formerly purchased at the Rate of Five Pounds per Cent. per Annum; and for other Purposes in this Act mentioned."

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the better enabling Sheriffs to sue out their Patents, and pass their Accompts;" to which they desire the Concurrence of this House.

Lords Reasons for insisting that the Commons shall not proceed on the other Articles, till Judgement is given on those for Treason.

The Lord Trevor reported from the Committee appointed to prepare what is to be offered to the Commons, at a Conference, in communicating to them the Resolution of this House, for insisting on their Lordships Resolution communicated to the Commons on Monday last, and also to prepare such Reasons as shall be thought proper to be then used in Maintenance thereof, "That the Committee have prepared Reasons accordingly, as follow:

"Their Lordships, in order to preserve a good Correspondence with the House of Commons, which they shall always endeavour to do as far as lies in their Power, have desired this Conference, upon the Subject-matter of the last Conference; and have directed us to acquaint you,

"That their Lordships judge it a Right inherent in every Court of Justice, to order and direct such Methods of Proceedings as such Court shall think fit to be observed, in all Causes depending before them, which can have no Influence to the Prejudice of Justice, and where such Methods of Proceedings are not otherwise settled by any positive Rule. The Power of Judicature on all Impeachments being a Right unquestionably inherent in their Lordships; and it not being determined by any positive Rule, whether the House of Commons may proceed to make good the several Articles exhibited for Misdemeanors in such Order as they shall think fit, before they proceed to make good the Articles exhibited for High Treason; and there being no Precedent, where the Commons, upon the Trial of any such Impeachment, attempted to proceed in the First Place to make good any of the Articles contained in such Impeachment for high Crimes and Misdemeanors; their Lordships, considering the Nature of the Impeachment now depending before them, and the Method wherein the Managers for the House of Commons were beginning to proceed upon the Trial to make good the First Article thereof, which is a Charge for high Crimes and Misdemeanors only; and also considering the very different Methods of Proceedings on an Impeachment of a Peer for High Treason, as well before as upon the Trial thereof, and the Circumstances attending such a Trial, from the Proceedings on an Impeachment of a Peer for high Crimes and Misdemeanors, and the known Circumstances attending such a Trial; thought themselves obliged to come to the Resolution communicated to the Commons on the 24th Instant, as well for the doing Justice in the Case depending before them, as for the preventing a new Precedent to be made on this Trial; in Consequence whereof, a new and unjustifiable Form of Proceeding against a Peer, upon an Impeachment for high Treason and high Crimes, might be introduced at his Trial, upon those Articles in which he is charged for High Crimes and Misdemeanors only, to the Prejudice of the Peerage of Great Britain in all Times to come; videlicet, the trying a Peer on Articles for high Crimes and Misdemeanors without the Bar; the detaining in Custody a Peer so accused, and repeated Commitments of him to The Tower, during the Time of such Trial; and subjecting a Peer to as ignominious Circumstances on his Trial on Articles for Misdemeanors, as if he were then on his Trial on Articles for High Treason; whereas a Peer, on his Trial on Articles for Misdemeanors only, ought not to be deprived of his Liberty, nor sequestered from Parliament, and is entitled to the Privilege of sitting within the Bar during the whole Time of his Trial: In all which Particulars, the known Rule of Proceedings in such Cases may be evaded, should a Peer be brought to his Trial on several Articles exhibited against him on high Crimes and Misdemeanors and for High Treason mixed together, and the Commons be admitted to proceed in order to make good the Articles for high Crimes and Misdemeanors before Judgement be given upon the Articles for High Treason. Their Lordships have fully considered the Matters offered to them by the House of Commons, at the last Conference, relating to the Proceedings against Robert Earl of Oxford and Earl Mortimer; and their Lordships are fully satisfied, that the Resolution they have taken, and communicated to the Commons on the 24th Instant, is just and reasonable; and that the House of Commons are not put under any real Inconvenience thereby in carrying on their present Prosecution. Their Lordships have commanded us to let you know, that they do insist on their said Resolution; (videlicet,) That the Commons be not admitted to proceed, in order to make good the Articles against Robert Earl of Oxford and Earl Mortimer for high Crimes and Misdemeanors, till Judgement be first given upon the Articles for High Treason."

Which Report, being read by the Clerk, was agreed to by the House.

And Ordered, That these be the Reasons to be offered to the Commons, at a Conference.

Message to H. C. for a Conference on the Subject.

Then, a Message was sent to the House of Commons, by Mr. Fellowes and Mr. Meller:

To acquaint them, that the Lords do desire a present Conference, in the Painted Chamber, upon the Subjectmatter of the last Conference.

Ordered, That the same Lords who were appointed Managers of the Conference with the Commons Yesterday be the Managers of this Conference.

Hockley and Stoney Stratford Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining and making more effectual the Acts of the Fifth and Eighth Years of Her late Majesty Queen Anne, for amending the Road between Hockley, in the County of Bedford, and Stoney Stratford, in the County of Bucks."

Wives, &c. late E. of Southesk & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty to make Provision for the Wives and Children of James late Earl of Southesk, James late Lord Drummond, the late Sir Hugh Paterson of Bannockburn, and James Stirling late of Keir."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and that the Lords be summoned to attend the Service of this House on that Occasion.

Conference concerning the Commons not proceeding on the other Articles against the E. of Oxon.

The Messengers sent to the House of Commons, return Answer:

That the Commons will give a present Conference, as desired.

The House being informed, "That the Commons were ready in the Painted Chamber:"

The Managers Names were read.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord Chamberlain reported, "That the Managers had been at the Conference, and delivered to the Commons what they were directed."

Message to H. C. that the Lords will proceed in his Trial.

Then, a Message was sent to the House of Commons, by Mr. Fellowes and Mr. Meller:

To acquaint them, "That the Lords have ordered Robert Earl of Oxford and Earl Mortimer to be brought to the Bar of this House, in Westm'r Hall, To-morrow, at Eleven a Clock in the Forenoon, in order to proceed further on the Trial of the said Earl."

Sheriffs Office, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating the Office of Sheriffs, and for ascertaining their Fees, and the Fees for sueing out their Patents, and passing their Accompts."

Sheriffs Patents and Accompts, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better enabling Sheriffs to sue out their Patents, and pass their Accompts."

Ordered, That the said Bills be both read a Second Time on Wednesday next; and that One of the Judges of each Court do then attend this House.

Message from H. C. for the Lords to sit.

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

To desire that this House will continue sitting for some Time.

To which the House agreed.

And the Commons were called in; and told, "That the Lords will continue sitting for some Time, as is desired."

Wife of the late Earl of Panmure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to make such Provision for, and Settlement upon, Margaret the Wife of James late Earl of Panmure, as she would have been entitled unto in case her said Husband was naturally dead."

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.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Meller:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Bankrupts, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to empower Commissioners in Commissions of Bankrupts, issued since the Four and Twentieth Day of June One Thousand Seven Hundred and Six, and on or before the Six and Twentieth Day of June One Thousand Seven Hundred and Sixteen, to make Certificates for Bankrupts, and the Lord Chancellor, Lord Keeper, Commissioners of the Great Seal, or Two Judges, to confirm the same, notwithstanding the Acts of the Fourth and Fifth and the Fifth of Queen Anne are expired; and for continuing a Clause in a former Act, for adjusting Accompts between Bankrupts and their Debtors."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Highways towards Staines, Bill.

Whereas Wednesday last was appointed, for the Second Reading of the Bill, intituled, "An Act for repairing the Highways, from that Part of Counter's Bridge which lies in the Parish of Kensington, in the County of Middlesex, to The Powder Mills on the Road to Staines, and to Cranford Bridge, or the Road to Colnebrook, in the said County;" and for the Hearing of Counsel, against and for the Bill, before the Second Reading thereof:

It is Ordered, That the said Bill be read a Second Time on Friday next; and that Counsel be heard, against and for the Bill, before the said Second Reading, according to the former Orders of this House.

Commissioners Accompts, Army, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and revive several Acts therein mentioned, for appointing Commissioners, to take, examine, and state, the Debts due to the Army; and also to enable the said Commissioners to determine the said Debts, and to grant Certificates of such Debts, in order to make out Debentures for the same; and for enabling the Commissioners appointed to inquire into the forfeited Estates, to certify the Names of Persons who have been in Possession, or received any Rents out of the said forfeited Estates, into the Exchequer; and for enlarging the Time for making Claims on the said Estates; and for enabling Trustees for Creditors or Children to make Claims for such Creditors or Children."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Stafford, to take the Name of Wollocombe, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Roger Stafford Esquire and his Issue Male to change their Surname to Wollocombe, according to the Will of Roger Wollocombe Esquire, deceased."

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.

A Message was sent to the House of Commons, by Mr. Fellowes and Mr. Meller:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Stone's Bill.

The Earl of Clarendon reported from the Committee, to whom the Bill, intituled, "An Act for Sale of the Estate of John Stone the Elder and John Stone the Younger, in the County of Sussex, for discharging the Incumbrances thereon, in respect of the Infancy of One of the Coheirs of John Stone the Younger, and for securing the Residue of the Money as therein is mentioned," was committed: "That they had found the Allegations of the said Bill to be true; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto, as follows:

"Press 4. Lines 31, 32, and 33. Leave out ["Robert Heathfield, of Darking, in the County of Surrey, Tanner, of the Second Part, and"].

"Line the 34th. Leave out ["Third"], and insert ["Second"]; and in the same Line, after ["Part"], insert ["and Robert Heathfield, of Darking, in the County of Surrey, Gentleman, of the Third Part"]."

Which Amendments were read Twice, and agreed to.

The House was adjourned during Pleasure.

The House was resumed.

E. of Oxford to be brought to the Bar.

Whereas, by Order of this House Yesterday, the Lieutenant of The Tower of London was directed to bring Robert Earl of Oxford and Earl Mortimer to the Bar of this House in Westm'r Hall, To-morrow, at Eleven a Clock in the Forenoon, in order to proceed further on his Trial:

It is Ordered, That the aid Order be, and is hereby, discharged; and that the said Lieutenant of The Tower do bring the said Earl of Oxford and Earl Mortimer to the Bar of this House in Westm'r Hall, on Monday next, at Eleven a Clock in the Forenoon, in order to proceed further on the Trial of the said Earl.

To the Constable of His Majesty's Tower of London; and, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum nonum diem instantis Junii, hora decima Auroræ, Dominis sic decernentibus.