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House of Lords Journal Volume 17: 18 April 1702

Pages 102-103

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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Page 102
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In this section

DIE Sabbati, 18 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm. & Crew.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Hereford.
Epus. Cestr.
Epus. Eliens.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Gloucestr.
Epus. St. Asaph.
Epus. Lincoln.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Ds. Custos Magni Sigilli.
Dux Somerset, Præses.
Dux Devonshire, Senescallus.
Dux Richmond.
Dux Northumberland.
Dux Bolton.
Dux Schonburg.
Dux Newcastle.
March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Kent.
Comes Northampton.
Comes Denbigh.
Comes Manchester.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Grantham.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Ds. Lewarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey W.
Ds. Poulet.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Craven.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawel.
Ds. Guilford.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Ashburnham.
Ds. Lempster.
Ds. Weston.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Treaties delivered.

The Earl of Manchester, one of Her Majesty's Principal Secretaries of State, by Her Majesty's Command, delivered the several Treaties following; (videlicet,)

1. "Treaty between the King and The States General and the King of Prussia."

2. "Convention with the King of Prussia, about Troops to be put into the Service of His Majesty and The States General."

3. "Separate Articles relating to the Convention with the King of Prussia about Troops."

4. "Translation of the Convention with the Landgrave of Hesse Cassel for Nine Thousand Men, to be put into the Service of His Majesty and The States."

5. "Article relating to the pretended Prince of Wales, signed by the Emperor's Plenipotentiary, 12th April 1702."

Bp. Exon takes the Oaths.

This Day Jonathan Lord Bishop of Exeter took the Oaths, and made and subscribed the Declaration, pursuant to the Statute; and also took the Oath of Abjuration, and subscribed the same, pursuant to the late Act of Parliament.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for the Relief of Nicholas Bagenall Esquire, with relation to the forfeited Estates in Ireland;" to which they desire the Concurrence of this House.

Union between England and Scotland, Bill for Commissioners to treat about.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enabling Her Majesty to appoint Commissioners, to treat for an Union between the Kingdoms of England and Scotland."

After some Time spent therein, the House was resumed.

And the Lord Bishop of Salisbury reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling Her Majesty to appoint Commissioners, to treat for an Union between the Kingdoms of England and Scotland."

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.

Alteration in Oath of Abjuration, Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to declare the Alterations in the Oath appointed to be taken by the Act, intituled, An Act for the further Security of His Majesty's Person, and the Succession of the Crown in the Protestant Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors; and for declaring the Association to be determined."

After some Time spent therein, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had gone through the said Bill; and think it fit to pass, with the Addition of some Clauses in relation to the Quakers."

Which, being read Twice, were agreed to; and ORDERED, That the said Clauses be engrossed.

Surveyor General to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Christopher Wren, Her Majesty's Surveyor General, do attend this House on Monday next, at Eleven a Clock in the Forenoon.

Shales versus Shales.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Robert Shales is Appellant, and Charles Shales Respondent, on Thursday the Thirtieth Day of this Instant April, at Eleven a Clock in the Forenoon.

Ranger versus Ashmead, in Error.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, upon the Writ of Error wherein Charles Ranger is Plaintiff, and Christopher Ashmeade Defendant, on Monday the Seven and Twentieth Day of this Instant April, at Eleven a Clock.

Mc. Donnell's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief of Hannah Mac Donnell, with relation to the forfeited Estates in 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.

Bellew's Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of Captain Thomas Bellew, with relation to the forfeited Estates in Ireland."

After some Time, the House was resumed.

And the Lord Raby reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief of Captain Thomas Bellew, with relation to the forfeited Estates in 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.

Roll versus Gree, in Error:

Upon hearing Counsel this Day, at the Bar, for Sir John Roll Knight of the Bath, Plaintiff in a Writ of Error, brought into this House the Three and Twentieth of March One Thousand Seven Hundred and One, wherein Degory Gree is Defendant, upon the Errors assigned, and Issue joined:

Judgement affirmed, with Costs.

After due Consideration of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the Court of King's Bench for Degory Gree shall be, and is hereby, affirmed; and that the said Writ of Error, and Transcript thereto annexed, be remitted to the Court of King's Bench, to the End the said Degory Gree may have Execution of the said Judgement, as if no such Writ of Error had been brought into this House: And it is further ORDERED, That the Plaintiff Sir John Roll shall pay unto the Defendant Degory Gree the Sum of Fifty Pounds for Costs, in delaying the Execution of the Judgement given in the Court of King's Bench.

The Tenor of which Judgement, to be affixed to the Record to be transmitted, followeth; (videlicet,)

"Et postea, scilicet, 23° Die Martii, 1701, Anno Regni Dominæ Annæ nunc Reginæ Angliæ, &c. Primo, Transcript. Record. et Proeess. prædict. inter Partes præd. cum omnibus ea tangent. Prætextu cujusdam Brevis de Error. corrigend. per præd. Joh'em Rolle in Præmiss. prosecut. præd. Dominæ Reginæ in præsenti Parliamento præd. Cur. dicti Domini Willielmi Tertii, nuper Regis Angl. &c. hic transmiss. fuit; prædictusque Joh'es Rolle, in dict. Cur. Parliamenti compert. diversas Causas et Materias pro Error. in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. assignavit; ad quas præfat. Degorcus Gree, in eadem Cur. Parliamenti comparens, placitavit, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. in ullo fuit Errat.: Et postea, scilicet, Decimo Octavo Die Aprilis, Anno Regni dictæ Dominæ Reginæ nunc Primo, in præd. Cur. Parliamenti vis. et per Cur. ibidem diligent. examinat. et plenius intellect. tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Causis pro Error. ut præsertur assign. et allegat. pro eo quod videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. illo in nullo fuit Errat.: Ideo, ad tunc et ibidem considerat. fuit per eandem Cur. Parliamenti, quod Judicium præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dictis Causis pro Error. assign. in aliquo non obstant.; et quod prædictus Degorius Gree in Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ferret inde Executionem suam versus præfat. Joh'cm Rolle, juxta Form. et Effect. Judicii illius: Et ulterius per eandem Cur. Parliamenti cons. fuit, quod præd. Degorius Gree recuperet versus præd. Joh'em Rolle Quinquagint. Libras eidem Degorio, pro Mis. et Custagiis suis quæ sustinuit Occasione Dilationis Executionis Judicii præd. Prætextu Prosecution. dicti Brevis de Error. ex Assensu suo adjudicat.; ac superinde Record. et Process. præd. Cur. Dominæ Reginæ per Cur. Pariiamenti præd. coram dicta Domina Regina ubicunque &c. remittuntur, et in eadem Cur. dictæ Dominæ Reginæ coram ipsa Regina jam residen."

Singleton's Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of Edward Singleton Esquire, with relation to the forfeited Estates in Ireland."

After some Time, the House was resumed.

And the Lord Lucas reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief of Edward Singleton Esquire, with relation to the forfeited Estates in 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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, simum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.