House of Lords Journal Volume 16: 17 March 1701

DIE Lunæ, 17 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Charles Earl of Carlisle, William Earl of Rochford, and Hugh Lord Willoughby of Parham, took the Oaths, and made and subscribed the Declaration, pursuant to the Statute.

Lister versus Foxcroft.

Upon reading the Petition and Appeal of Ralph Lester, Citizen and Plaisterer of London, from a Decretal Order made in the Court of Chancery, the Sixth Day of March Instant, on the Behalf of Isaac Foxcroft, Henry Foxcroft, Francis Nicolson, Elizabeth Foxcroft, and Benjamine Whichcott; and praying, "That the said Order may be reversed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Isaac Foxcroft, Henry Foxcroft, Francis Nicolson, Elizabeth Foxcroft, and Benjamine Whichcott, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Thursday the Seven and Twentieth Day of this Instant March, at Eleven of the Clock in the Forenoon.

Butchers of Westminster for Brookfield Market, &c. Bill.

Upon reading the Petition of the Butchers of Westminster, and Parts adjacent to Brookfield Market; praying, That the Bill, intituled, An Act for confirming the Grants of Brookfield Market and Fair, and Newport Market, in the County of Midd'x, may pass:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by their Counsel, To-morrow, at Eleven of the Clock, at the Committee to whom the said Bill stands committed.

Lindsey Level Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to confirm the Decrees made by the Commissioners of Sewers, concerning the Draining of Lindsey Levell."

ORDERED, That the Consideration of the said Bill be committed to a Committee of the whole House, Tomorrow Fortnight.

Sir John Thomas versus Sir Charles Kemeys.

Upon reading the Petition of Sir Charles Kemeys Baronet; shewing, "That most of his material Writings relating to the Matters in Question were accidentally left in Glamorganshire; and praying further Time to answer to the Appeal of Sir John Thomas:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby further Time, for answering to the said Appeal, until Thursday the Seven and Twentieth Day of this Instant March, at Eleven of the Clock.

Partition Treaty, State of Facts concerning:

The Order being read, for resuming the adjourned Debate upon the Fourth Paragraph in the Report from the Committee appointed to state Matters of Fact, and draw an Address to His Majesty, upon the Partition Treaty:

Some Lords of the Council, having His Majesty's Leave, were heard relating to the Treaty.

And Mr. Secretary Vernon being mentioned:

Message to H. C. for Secretary Vernon to attend about it.

A Message was sent to the House of Commons, by Sir John Franklin and Sir Lacon William Child:

To desire that they will give Leave to Mr. Secretary Vernon, a Member of their House, to come to a Committee of the Lords, now sitting in the Prince's Lodgings, to give an Account of some Matters relating to the Treaty of Partition, which their Lordships have now under their Consideration.

ORDERED, That it be the same Committee as stated the Matters of Fact.

Answer.

After some Time, the Messengers sent to the House of Commons return this Answer:

That the Commons have given Leave to Mr. Secretary Vernon to attend the Committee as desired, if he thinks fit.

Partition Treaty, State of Facts concerning.

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

Which being ended, the House was resumed.

And the Earl of Nottingham gave the House an Account, "That the Lords had been at the Committee, and heard Mr. Secretary Vernon to the Treaty of Partition."

Then, after reading the Fourth and Fifth Paragraphs, or Matter of Fact reported from the Committee, and Debate thereupon:

The House agreed as followeth; (videlicet,)

["Whatever verbal Orders or Instructions were given; yet it appears not to us that the Draught of the Treaty when perfected was considered at any Council when the King was present, or that it was advised or approved by any Council or Committee of Council;"] should be instead of the said Fourth and Fifth Paragraphs."

Then the House proceeded to take into Consideration the Sixth Paragraph, or Matter of Fact, reported from the Committee; (videlicet,)

"6. That it appears that the Warrant for Ratification was counter-signed by One of the Plenipotentiaries."

Agreed by the House to be left out.

Then the House proceeded to take into Consideration the Seventh Paragraph, or Matter of Fact, reported from the Committee; (videlicet,)

"7. That this Treaty was transacted and signed, and the Great Seal affixed to it, during the Sitting of a Parliament."

Agreed by the House to be left out.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the further Consideration of Matters of Fact, in the transacting the Partition Treaty, shall be adjourned till To-morrow, Eleven a Clock.

Adjourn.

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