House of Lords Journal Volume 16: 16 April 1701

DIE Mercurii, 16 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir John Bowyer's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Sir John Bowyer Baronet in Trustees, to enable him to make a Settlement, in order to his Marriage."

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

Their Lordships, or any Five of them; to meet on Thursday the First Day of May next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Killiow's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more speedy Payment of the Debts of Christopher Killiow Esquire, and for the raising Portions and Maintenance for his Brothers and Sisters, in Pursuance of his Father's Will."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees abovenamed.

Countess Anglesey's Bill for a Separation.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for separating James Earl of Anglesey from Katherine Countess of Anglesey his Wife, for the Cruelty of the said Earl."

After some Time, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had made some Progress in the Bill; and desire another Time may be appointed, for the Committee to sit again."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee again, to proceed upon the Bill, intituled, "An Act for separating James Earl of Anglesey from Katherine Countess of Anglesey his Wife, for the Cruelty of the said Earl," To-morrow, at Twelve of the Clock; and no other Business to intervene.

Impeached Lords, Address to the King, to pass no Censure against them whilst their Impeachments are depending:

The House being moved, That an Address be made to His Majesty, "That He will be pleased to pass no Censure or Punishment upon the Lords impeached, during the Dependance of the Impeachments in this House:"

After Debate;

The Question was put, "That a Committee shall be immediately appointed, to draw up an Address to His Majesty, That His Majesty will be pleased, not to pass any Censure or Punishment against the Four Noble Lords, who stand impeached of high Crimes and Misdemeanors, until the Impeachments depending against them in this House shall be tried?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient. (fn. 1)

*********

"Willughby.
Scarsdale.
Sandwich.
Normanby.
Carnarvon.
Ormonde.
Kent.
Townshend.
Thanet.
Rochester.
Abingdon.
Weymouth.
Howard.
Poulett.
Ashburnham.
Weston.
Jonat. Exon.
Hereford.
Cholmondeley.
Lexington.
Granville.
Jefereys.
H. London.
Guilford.
Dartmouth."

Lords Committees appointed immediately to draw up an Address to His Majesty, "That His Majesty will be pleased, not to pass any Censure or Punishment against the Four Noble Lords, who stand impeached of high Crimes and Misdemeanors, until the Impeachments depending against them in this House shall be tried;" (videlicet,)

The House was adjourned during Pleasure, and the Lords went to the Committee.

After some Time, the House was resumed.

And the Lord Steward reported, "That the Committee had drawn an Address, as ordered."

Which was read, and agreed to, as followeth; (videlicet,)

Address.

"We, Your Majesty's most loyal and dutiful Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to represent to Your Majesty, That the House of Commons have severally impeached, at the Bar of our House, William Earl of Portland, John Lord Sommers, Edward Earl of Orford, and Charles Lord Halifax, of high Crimes and Misdemeanors: And they having acquainted us, that they will, in due Time, exhibit particular Articles against the said Lords, and make good the same; we do most humbly beseech Your Majesty, that Your Majesty will be pleased, not to pass any Censure upon them, until they are tried upon the said Impeachments, and Judgement being given, according to the Usage of Parliament, and the Laws of the Land."

ORDERED, That the Lord Steward and Earl of Romney do attend His Majesty, with the Address.

Exceptions being taken to the Protestation, now entered:

Protest against the Address, in Behalf of the impeached Lords to be expunged:

The Protestation was read.

After Debate;

The Question was put, "Whether the First Reason in the Protestation shall stand?"

It was Resolved in the Negative.

Then the Second Reason in the Protestation was read.

After Debate;

The Question was put, "Whether the Second Reason, in the Protestation shall stand?"

It was Resolved in the Negative.

Protest against that Resolution.

"Dissentient.

"Because it is the Privilege of the Peers, to enter their Dissent; and it has been the ancient Practice, to enter also their Reasons of such Dissent, of which the Lords that so protest are the most proper Judges; as well knowing what Arguments persuaded them to be of that Opinion; and no Reasons can be more proper, than such as, they conceive, are founded upon Matter of Fact.

"Sandwich.
Ormonde.
Carnarvon.
Normanby.
Feversham.
Thanet.
Rochester.
Scarsdale.
Weymouth.
Townshend.
Abingdon.
Howard.
Granville.
Dartmouth.
Lexington.
Willoughby.
Weston.
H. London.
Poulett.
Guilford.
Jonat. Exon.
Jeffreys."

Grosvenor versus Coy.

The House being moved, "That a Day may be appointed for hearing of the Cause, wherein John Grosvenor is Appellant, and Colonel John Coy Respondent:"

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 First Day of May next, at Eleven of the Clock in the Forenoon.

Sir Robert Marsham's Bill.

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

To return the Bill, intituled, "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;" and to acquaint their Lordships, that they have agreed to the same, with some Amendments, whereunto they desire the Concurrence of this House.

Then the Amendments were read Three Times, and agreed to; and ORDERED, That the Commons have Notice thereof.

Mews to take the Name of St. John, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to change the Surname of Ellis Mews and his Heirs to the Surname of St. John."

Sloane arrested, when coming to attend a Committee.

After hearing Edward Watty, at the Bar, upon Oath, as to the Matters set forth in his Affidavit read Yesterday, concerning Mr. Sloane's being arrested, when he was coming to attend a Committee of this House:

This Question was put, "Whether the Solicitor concerned against Mr. Sloane, and the Sheriff's Officer that arrested him, shall be attached?"

It was Resolved in the Negative.

Ly. Say & Seal versus Ld. Say & Seal.

The House being informed, "That the Lords Referees for the Lady Viscountess Say and Seale and the Lord Viscount Say & Seale have not yet finished their Reference:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they have hereby further Time allowed them for that Purpose, until after Easter Holidays.

Duke of Ormond, Leave for a Bill.

Upon reading the Petition of James Duke of Ormonde, and Charles Lord Baron of Weston, Earl of Arran in the Kingdom of Ireland; praying Leave to bring in a Bill, to enlarge the Powers given by a former Act of Parliament, towards the discharging of Debts:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have Leave to bring in a Bill, as desired.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) decimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.