House of Lords Journal Volume 17
9 December 1702

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1767-1830

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'House of Lords Journal Volume 17: 9 December 1702', Journal of the House of Lords: volume 17: 1701-1705 (1767-1830), pp. 184-186. URL: http://www.british-history.ac.uk/report.aspx?compid=14618 Date accessed: 22 October 2014.


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DIE Mercurii, 9 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Duresm. & Crew.
Epus. Winton.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Hereford.
Epus. Eliens.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Gloucestr.
Epus. Bristol.
Epus. St. Asaph.
Epus. Lincoln.
Epus. Cicestr.
Epus. Carlisle.
Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Comes Pembroke, Præses.
March. Normanby, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Southampton.
Dux Ormonde.
Dux Northumberland.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Oxford.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Shaftesbury.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Montagu.
Comes Marlborough.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Romney.
Comes Coventry.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey W.
Ds. Poulet.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Vaughan.
Ds. Culpeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Osborne.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Lords take the Oaths.

This Day Robert Lord Ferrers and William Lord Lempster took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Caldecot's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for raising Fifteen Hundred Pounds, by Mortgage of Lands, in the County of Dorset, for Payment of Debts, and for a further Provision and Maintenance for the Younger Children of Philip Caldecot Esquire."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for charging the Estate late of Thomas Lyster Esquire, deceased, with Maintenances for his Nine Younger Children;" to which they desire the Concurrence of this House.

Lyster's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for charging the Estate late of Thomas Lyster Esquire, deceased, with Maintenances for his Nine Younger Children."

Owen's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the vesting divers Lands and Tenements of Edward Owen, of Eaton-Mascot, in the County of Salop, Esquire, in Trustees, to be sold, for Payment of his Debts."

Butler, Leave for a Bill.

Upon reading the Petition of William Butler; praying Leave to bring in a Bill, for setting aside a Settlement, in order to have a good Conveyance of Lands from Raphael Whistler, according to Articles agreed on:

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

Occasional Conformity, Bill to prevent.

Hodie 3a vice lecta est Billa, intituled, "An Act for preventing Occasional Conformity."

Then a Clause was offered, as a Rider to be Part of this Bill.

Which, being read Three Times, was agreed to.

Then the Question was put, "Whether this Bill, with the Amendments, Provisos, and Rider, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Sir Robert Legard and Doctor Edisbury:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

Bills of Supply, &c. Resolution against annexing Clauses, &c. to them, which are foreign to the Matter of the Bill:

Then, it being proposed, "To order and declare, That the annexing any Clause or Clauses to a Bill of Aid or Supply, the Matter of which is foreign to, and different from, the Matter of the said Bill of Aid or Supply, is Unparliamentary, and tends to the Destruction of the Constitution of this Government:"

Then, it being proposed, "To adjourn the House:"

After Debate;

The Question was put, "Whether the House shall be now adjourned?"

It was Resolved in the Negative.

Then, the main Question being read,

The Question was put, "Whether it shall be ordered and declared, That the annexing any Clause or Clauses to a Bill of Aid or Supply, the Matter of which is foreign to, and different from, the Matter of the said Bill of Aid or Supply, is Unparliamentary, and tends to the Destruction of the Constitution of this Government?"

It was Resolved in the Affirmative.

It is ORDERED and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the annexing any Clause or Clauses to a Bill of Aid or Supply, the Matter of which is foreign to, and different from, the Matter of the said Bill of Aid or Supply, is Unparliamentary, and tends to the Destruction of the Constitution of this Government.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Order and Declaration be added to the Roll of Standing Orders.

Then it was proposed, "That such Lords as think fit may sign this Order and Declaration now agreed to, in the Journal:"

And Debate thereupon;

This Question was put, "That such Lords as think fit may sign this Order and Declaration (now agreed to) in the Journal ?"

It was Resolved in the Affirmative.

Lords sign the Resolution.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That such Lords as think fit may sign the Order and Declaration (now agreed to) in the Journal.

"We do subscribe to the Order and Declaration abovementioned:

Essex.
Richmond.
Devonshire.
Sunderland.
Bolton.
Somerset.
Oxford.
R. Ferrers.
Berkeley.
Raby.
J. Colepeper.
Stamford.
Kingston.
Mohun.
Fitzwalter.
R. Grey.
W. Worcester.
Carlisle, E. M.
Rockingham.
Gi. Sarum.
Bergevenny.
Torrington.
T. Wharton.
Orford.
Somers.
C. Ossulstone.
Montagu.
Manchester.
Radnor.
Derby.
Romney.
Rivers.
Coventry.
Herbert.
Burlington.
Halifax.
Shaftesbury.
Portland.
Haversham.
R. Eure.
P. Winchestr.
Edw. Gloucester.
Sy. Eliens.
Huntingdon.
St. Albans.
Tho. Cantuar.
Jo. Lichfield & Cov.
Sussex.
Ja. Lincoln.
Jo. Chichester.
Vaughan.
Bradford.
H. Hereford.
Lovelace.
Jo. Bangor.
Newcastle.
J. Bridgewater.
Say & Seale.
J. Norwich.
Leicester.
Jo. Bristol.
Ric. Peterborough.
W. Oxon."
63.

Buggin and Fowler, Leave for a Bill.

Upon reading the Petition of John Buggin and Anne Fowler Spinster; praying Leave to bring in a Bill, for the confirming and establishing a Partition made by their Ancestors, of several Manors and Lands:

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

Stawell's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable William Colman Esquire and others to make Sale of Lands, for Payment of the Debts and Legacies of William Stawell Esquire, deceased."

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

March. Normanby, C. P. S.
Dux Somerset.
Dux Bolton.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes North'ton.
Comes Stamford.
Comes Kingston.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Shaftesbury.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Torrington.
Comes Bradford.
Comes Romney.
Comes Orford.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Epus. Wigorn.
Epus. Exon.
Epus. Hereford. 2.
Epus. Sarum. 1.
Epus. Eliens.
Epus. Cov. & Lich.
Epus. Norwic.
Epus. Petrib.
Epus. Bristoll.
Epus. St. Asaph.
Epus. Lincoln.
Epus. Cicestr.
Epus. Bangor.
Epus. Carlisle.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. North & Grey.
Ds. Poulet.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Byron.
Ds. Culpeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Bernard.
Ds. Halifax.

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

Loane's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better Execution of the Will of John Loane Esquire, deceased; and for Sale of Part of his Estate, to pay his Debts and Legacies; and for preserving the Residue thereof."

ORDERED, That the Consideration of the said Bill be referred to the Lords Committees abovenamed; and to meet at the same Time and Place.

Sherard versus Harcourt:

The House being moved, "That John Hatcher and James Close, who attended to be examined viva voce, at the Hearing of the Cause in Chancery, wherein Brownlow Sherard Esquire and his Wife were Plaintiffs, and Symon Harcourt and others Defendants, may be ordered to attend the House, at the Hearing of the Cause:"

Witnesses to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Hatcher and James Close do attend this House on Friday next, at Eleven a Clock, to be examined at the Hearing of the said Cause, if there be Occasion.

Adjourn.

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