House of Lords Journal Volume 16
3 March 1701

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 16: 3 March 1701', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 610-612. URL: http://www.british-history.ac.uk/report.aspx?compid=13843 Date accessed: 30 September 2014.


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DIE Lunæ, 3 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Dunelm. & Crew.
Epus. Winton.
Epus. Wigorn.
Epus. Roffen.
Epus. Sarum.
Epus. Bangor.
Epus. Cestr.
Epus. Elien.
Epus. Litch. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Oxon.
Ds. Custos Magni Sigilli.
Dux Norfolke.
Dux Devon, Senescallus.
Dux Somerset.
Dux Ormonde.
Dux Northumberland.
Dux Bolton.
Dux Leeds.
March. Normanby.
Comes Jersey, Camerarius.
Comes Oxon.
Comes Kent.
Comes Dorsett & Midd'x.
Comes Leicester.
Comes Denbigh.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Carnarvon.
Comes Thanet.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Feversham.
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Marleborough.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Romney.
Comes Orford.
Comes Grantham.
Viscount Hereford.
Viscount Say & Seale.
Viscount Weymouth.
Ds. Willughby Er.
Ds. Lawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Dudley & Ward.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Brooke.
Ds. Poulett.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Granville.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Osborne.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Weston.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Viscount Weymouth takes the Oaths.

Thomas Lord Viscount Weymouth took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Countess of Anglesey's Petition against her Husband for Cruelty:

The Orders of the Seven and Twentieth of February last being read, for resuming the adjourned Debate upon the Countess of Anglesey's Petition, and the Order that appointed some Lords to go to the Lady Anglesey:

Lords who attended her not able to effect a Reconciliation:

The Earl of Rochester gave the House an Account, That his Lordship, and the other Lords, in Obedience to the Commands of the House, had attended the Lady Anglesey; and that the Lords had said all they could; to persuade her Ladyship to return to her Husband the Earl of Anglesey, but could not prevail; and upon her absolute Refusal, their Lordships acquainted her Ladyship with the latter Part of the Order, which was, to give her Reasons for such her Refusal; which, his Lordship said, one of the Lords had taken in Writing, and read it to her Ladyship after it was taken, and her Ladyship approved of it."

Which Writing his Lordship read to the House, standing in his Place.

Then, after hearing the Earl of Anglesey, and reading the Countes's Petition; and Debate thereupon:

This Question was put, "Whether the Countess of Anglesey's Petition shall be rejected?"

It was Resolved in the Negative.

Countess of Anglesey, Leave for a Bill of Separation.

Then this Question was put, "Whether the Countess of Anglesey shall have Leave to bring in a Bill for a Separation for Cruelty, as is prayed in her Petition?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"1st. The Leave for this Bill is founded upon the Supposition of an utter Impossibility of a Reconciliation between my Lord Anglesey and the Countess; which Supposition (with Submission) seeming to me very precarious, though it may be the Confequence of such a Bill, cannot to me be the Reason for it.

"2dly, Marriage being looked upon, in the Church of Rome, as a Sacrament, always and in all Cases indissoluble, but by the pretended Authority of the infallible Vicar, and there being in some Cases an absolute Necessity for a Divorce; the Roman Courts of Judicature, fearing to expose the Weakness of the Infallibility, contrived this Trick of a separate Maintenance; which Practice of theirs (I humbly conceive) such a Bill would give too much Countenance to.

"3dly, A perpetual separate Maintenance, as seems intended by such a Bill, is a much heavier Judgement upon the Earl of Anglesey than Divorce itself; it having all the Nature of a Punishment to my Lord Anglesey, and nothing of Ease, and is directly contrary to the very Appointment and Design of Marriage; Posterity and Society being destroyed, and the Public injured thereby.

"4thly, No Judgement in this Matter (as I humbly conceive) ought to be made, or, when made, can be valid, but what is expressly allowed of by the Evangelic Law; which Law to me seems no where to permit of such a perpetual Separation, without an absolute Divorce.

"5thly, Though it cannot be doubted but, in the Course of so many Ages, as great domestic Differences have happened between Men and their Wives, as in the present Case; yet no Precedent has as yet been produced, as I know of, of any Bill of the like Nature.

"Haversham."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Katherine Countess of Anglesey hath hereby Leave given her to bring in a Bill for a Separation for Cruelty, as prayed by her Petition.

Williams versus Williams.

Upon reading the Petition of Henry Washington, the Appellant's Agent; shewing, "That he was served with an Order of this House, for hearing the Cause wherein John Williams is Appellant, and Katherine Williams Respondent, the Sixth Instant; that he hath sent Notice to the Appellant, who lives in the County of Brecon, One Hundred Miles distant from London, and cannot be here until the Fifth Instant; and praying a further Day for hearing the said 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 Thirteenth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Minshall versus Minshall & al.

Upon reading the Petition and Appeal of Richard Minshall Esquire, from a Decree made in the Court of Exchequer, the Fifth Day of December One Thousand Six Hundred Ninety-nine, on the Behalf of Peter Minshall, Samuel Sheppard, Thomas Penlington and Benjamin Penlington; and praying, "That the said Order and Proceedings for dismissing of the Petitioner's Bill may be reversed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Peter Minshall, Samuel Sheppard, Thomas Penlington and Benjamin Penlington, may have a Copy of the said Petition; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Monday the One and Thirtieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

E. Stamford's Privilege: Wakelin & al. attached for dispossessing his Tenants.

The House being informed, upon Oath, at the Bar, That one Robert Wakelin Attorney for Thomas Davenport, had delivered Declarations of Ejectment, and obtained Judgement, and took out Execution, and the Sheriff turned out the Earl of Stamford's Tenants out of the Possession of some Lands in Dorsetsh'r, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Robert Wakelin and Thomas Davenport, and bring them in safe Custody to the Bar of this House.

To Peter Persehouse Esquire Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Officers, to be aiding and assisting in the Execution hereof.

Jermyn's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Stephen Jermyn to make Provision for his Younger Children, and for the Advancement of his Eldest Son."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Dux Devon, Senescallus.
Dux Somerset.
March. Normanby.
Comes Oxon.
Comes Kent.
Comes Bridgewater.
Comes Leicester.
Comes Denbigh.
Comes Rivers.
Comes Stamford.
Comes Thanet.
Comes Sandwich.
Comes Essex.
Comes Shaftesbury.
Comes Feversham.
Comes Maclesfeld.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Marleborough.
Comes Bradford.
Comes Romney.
Comes Orford.
Comes Grantham.
Viscount Weymouth.
Epus. London.
Epus. Duresme, & Crew.
Epus. Winton.
Epus. Roffen.
Epus. Sarum.
Epus. Bangor.
Epus. Elien.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Ds. Lawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Eure.
Ds. North.
Ds. Hunsdon.
Ds. Brooke.
Ds. Poulett.
Ds. Maynard.
Ds. Mohun.
Ds. Byron.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Granville.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Osborne.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Weston.
Ds. Halifax.

Their Lordships, or any Five of them; to meet on Tuesday the Eighteenth Day of this Instant March, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Atkins's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for 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 Manors and Lands, to be settled to such and the same Uses as the said Manors and Lands so to be vested are and stand settled."

Brookfield and Newport Markets, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Grants of Brookfield Market and Fair, and Newport Market, in the County of Middl'x."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; who are to leave out every Thing in the said Bill relating to the Fair at St. James's:

Dux Devon, Senescallus.
Dux Somerset.
March. Normanby.
Comes Oxon.
Comes Kent.
Comes Bridgewater.
Comes Leicester.
Comes Denbigh.
Comes Rivers.
Comes Stamford.
Comes Thanet.
Comes Sandwich.
Comes Essex.
Comes Shaftesbury.
Comes Feversham.
Comes Maclesfeld.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Marleborough.
Comes Romney.
Comes Orford.
Comes Grantham.
Viscount Weymouth.
Epus. London.
Epus. Duresme, & Crew.
Epus. Winton.
Epus. Roffen.
Epus. Sarum.
Epus. Bangor.
Epus. Elien.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Ds. Lawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Eure.
Ds. North.
Ds. Hunsdon.
Ds. Brooke.
Ds. Poulet.
Ds. Maynard.
Ds. Mohun.
Ds. Byron.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Cornwallis.
Ds. Arundell Tr.
Ds. Osborne.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Weston.
Ds. Halifax.

Their Lordships, or any Five of them; to meet on Tuesday the Eighteenth Day of this Instant March, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Osborn's Privilege:

The House being informed, upon Oath, at the Bar, That James Hadder, Secretary to the Lord Osborne, a Peer of this Realm, was arrested, by Daniel Beverley Serjeant and John Kemp Yeoman, both belonging to Woodstreet Counter, at the Snit of Henry Constable, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:"

Beverley & al. attached, for arresting Hadder, his Secretary;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Daniel Beverley, John Kemp, and Henry Constable, and bring them in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.

To Peter Persebouse Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Officers to be aiding and assisting in the Execution hereof."

and Broad & al. attached, for arresting Gerling, his Servant.

The House being also informed, upon Oath, at the Bar, "That Richard Gerling, Clerk of the Kitchen and Steward to the Lord Osborne, a Peer of this Realm, was arrested, by Jacob Broad Bailiff, at the Suit of John Clayton, by William Pickerill Attorney, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said John Clayton, Jacob Broad, and William Pickerill, and bring them in safe Custody to the Bar of this House; and this shall be a sufficient Warrant on that Behalf.

To Peter Persehouse Esquire Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Bailiffs, Constables, and other Officers to be aiding and assisting in the Execution hereof."

Captain Desborow's Witnesses.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Joseph Stephens, Mr. Wm. Clarke, Thomas Gardiner, Joseph Phelps, John Stonman, William Essex, John Douglas, and Jeffrey Parsley, do attend this House To-morrow, at Eleven of the Clock in the Forenoon.

Adjourn.

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