House of Lords Journal Volume 17: 24 March 1702

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: 24 March 1702', in Journal of the House of Lords: Volume 17, 1701-1705, (London, 1767-1830) pp. 79-81. British History Online https://www.british-history.ac.uk/lords-jrnl/vol17/pp79-81 [accessed 16 April 2024]

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In this section

DIE Martis, 24 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Winton.
Epus. Wigorn.
Epus. Hereford.
Epus. Cestr.
Epus. Lich & Cov.
Epus. Petrib.
Epus. Oxon.
Epus. Bangor.
Ds. Custos Magni Sigilli.
Dux Somerset, Præses.
Dux Devon, Senescallus.
Dux Bolton.
Dux Schonburg.
Dux Leeds.
Dux Newcastle.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Oxford.
Comes Derby.
Comes Northampton.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Sussex.
Comes Radnor.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Rochford.
Comes Grantham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. Poulet.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Byron.
Ds. Vaughan.
Ds. Lucas.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Stawel.
Ds. Guilford.
Ds. Godolphin.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Count. of Tyrconnel's Bill.

The Lord Viscount Longueville reported from the Lords Committees, the Bill, intituled, "An Act for the Relief of Frances Countess of Tyrconnel, Relict of Richard late Earl of Tyrconnel, of the Kingdom of Ireland," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief of Frances Countess of Tyrconnel, Relict of Richard late Earl of Tyrconnel, of the Kingdom of Ireland."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Apreece's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Robert Apreece the Elder, and Robert Apreece the Younger, Esquires, to raise Money out of their Estate, for Payment of a Debt due to Her Majesty, and other Debts."

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

D. Somerset, P.
D. Devon, Senescallus.
D. Bolton.
D. Schonburg.
D. Leeds.
D. Newcastle.
M. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Oxford.
Comes Derby.
Comes Northampton.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Sussex.
Comes Radnor.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Rochford.
Comes Grantham.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Arch. Cant.
Epus. Winton.
Epus. Wigorn.
Epus. Hereford.
Epus. Cestr.
Epus. Lich & Cov.
Epus. Petriburg.
Epus. Oxon.
Epus. Bangor.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Eure.
Ds. Wharton.
Ds. Poulett.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Byron.
Ds. Vaughan.
Ds. Lucas.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Stawel.
Ds. Guilford.
Ds. Godolphin.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

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

D. Newcastle takes the Oaths.

This Day John Duke of Newcastle took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Then the Lords following took the Oath of Abjuration, and subscribed the same, pursuant to the late Act of Parliament; (videlicet,)

John Duke of Newcastle.

Nathaniel Viscount Say & Seale.

Charles Lord Ossulstone.

Dent versus Sir W. Buck.

Upon reading the Petition of Thomas Dent Doctor in Divinity; praying some Alteration in the Judgement of this House of the Nineteenth Instant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard thereupon, by One Counsel, on Friday next, at Eleven a Clock; as also One Counsel for Sir William Buck; whereof the Petitioner is to cause Notice to be given to the said Sir William Buck or his Agents.

Sir John Wentworth versus E. of Winchilsea et al.

After hearing Counsel, upon the Petition and Appeal of Sir John Wentworth Baronet, from several Orders and Decrees made in the Court of Chancery, the Sixteenth of June Secundo Jacobi Secundi, and the Nineteenth of February Tertio Jacobi Secundi, in a certain Cause there depending, wherein the Right Honourable Heneage late Earl of Winchilsea, Administrator of the Lady Katherine Finch his Daughter, deceased, and the Lady Elizabeth Finch, an Infant, by the said Earl her Father and Guardian, were Complainants; and the Lady Dorothy Norcliffe, Administratrix of Thomas Wentworth deceased, and also Administratrix of Sir John Wentworth Knight, deceased, of the Goods not administered by the Lady Katherine, Relict of the said Sir John, and late Wife of the said Earl, Christopher Lister, John Wentworth, an Infant, by his Guardian, Sir Watkinson Paylor Baronet, Sir John Bright Baronet, and Edward Misdel, Defendants; praying the Reversal of the said Orders and Decrees; as also upon the Answers of the said Elizabeth Countess Dowager of Winchilsea, Sir Watkinson Paylor Baronet, Thomas Woodcock Esquire, John Weddel Esquire, Sir John Key Baronet, Nicholas Richards Esquire, and Frances his Wife, put in thereunto; and due Consideration of what was offered thereupon:

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Sir John Wentworth shall be, and is hereby, dismissed this House; and that the Orders and Decrees therein complained of shall be, and they are hereby, affirmed.

Mayor of Cardiff versus Bill, repairing Bridges.

Upon reading the Petition of the present Mayor and Constable of the Castle of Cardiffe, in the County of Glamorgan, and the Majority of the Aldermen and Common Council of the said Vill, on Behalf of themselves and all other of the Burgesses of the said Vill of Cardiffe; praying to be heard to Part of the Bill, intituled, "An Act to explain and alter the Act made in the Two and Twentieth Year of King Henry the Eighth, concerning repairing and amending of Bridges in the Highways:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, on Tuesday the Seventh Day of April next, at Eleven a Clock; as also Counsel for the Bill, if they think fit.

Hooke versus Sir Thomas Gresham's Charities, Bill.

Upon reading the Petition of Robert Hooke Doctor of Physic, and Professor of Geometry in Gresham Colledge; praying to be heard before the passing of the Bill, intituled, "An Act for the better enabling the Mayor, Commonalty, and Citizens, of the City of London, and Wardens and Commonalty of the Mystery of Mercers of the said City, to pay the Charities given by the last Will and Testament of Sir Thomas Gresham:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by himself or Counsel, at the Committee, to whom the said Bill stands committed; as also Counsel for the said Societies, if they think fit.

Act, Will. III. for settling the Succession, &c. Bill to explain; Commons Amendments to it.

The Amendments, made by the Commons to the Bill, intituled, "An Act for explaining a Clause in an Act, made at the Parliament begun and holden at Westminster the Twenty-second of November, in the Seventh Year of the Reign of our Sovereign Lord King William the Third, intituled, An Act for the better Security of His Majesty's Person and Government," were read Thrice, and agreed to, with Two Amendments made to the Commons Amendments, as follow; (videlicet,)

"In the Fourth Line of the Commons Amendments, after the Word ["Inquisition"], add ["nor any Writ of Certiorari or Habeas Corpus, in any Matter or Cause either Criminal or Civil; nor any Writ of Attachment, or Process for Contempt, nor any Commission of Delegacy, or Review for any Matter Ecclesiastical, Testamentary, or Maritime, or any Process thereupon"]."

"To the Amendment in the 18th Line of the Commons Amendment, after ["Inquisition"], add ["nor any Writ of Certiorari or Habeas Corpus in any Matter or Cause, either Criminal or Civil, nor any Writ of Attachment or Process for Contempt, nor any Commission of Delegacy or Review for any Matter Ecclesiastical, Testamentary, Maritime, or any Process thereupon."

Which, being read Thrice, were agreed to by the House.

Message to H. C. that the Lords have agreed to them, with the Addition of others.

Then, a Message was sent to the House of Commons, by Sir Richard Holford and Mr. Gery:

To return the said Bill; and to acquaint them, that the Lords have agreed to their Amendments, with some Amendments, to which they desire their Concurrence.

Adjourn.

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

Hitherto examined by us, this 19th Day of May, 1702,

De Longueville.
Ric. Petere.
E. Asaph.
Jo. Chichest'.
Jo. Bangor.
Howard.
Colepeper.