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House of Lords Journal Volume 17: 6 May 1702

Pages 115-119

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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In this section

DIE Mercurii, 6 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Duresm. & Crew.
Epus. Wigorn.
2. Epus. Sarum.
1. Epus. Exon.
Epus. Lich & Cov.
Epus. Bath & Wells.
Epus. St. Asaph.
Epus. Cicestr.
Epus. Bangor.
Ds. Custos Magni Sigilli.
Dux Devon, Senescallus.
March. Normanby, C. P. S.
Dux Northumberland.
Dux Bolton.
Dux Bedford.
Dux Schonburg.
Comes Lindsey, Magnus Camerarius.
Comes Jersey, Camerarius.
Comes Oxford.
Comes Manchester.
Comes Peterborow.
Comes Stamford.
Comes Sandwich.
Comes Anglesey.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Nottingham.
Comes Abingdon.
Comes Portland.
Comes Albemarle.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Lawarr.
Ds. Ferrers.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Craven.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Weston.
Ds. Halifax.

PRAYERS.

E. of Bradford takes the Oaths.

John Rossignot and Thomas Nightingale were sworn, to the Truth of the Earl of Bradford's Certificate of his receiving the Sacrament.

Then Francis Earl of Bradford took the Oaths, and made and subscribed the Declaration, pursuant to the Statute 25° Car. Secundi; and also took the Oath of Abjuration, and subscribed the same; and signed the Association.

Deficiencies, to make good, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for making good Deficiencies, and for preserving the Public Credit."

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.

Buck's Prosecution for printing Fuller's Books, discharged.

Whereas, by Order of this House of the Nineteenth of January last, Her Majesty's Attorney General was forthwith to prosecute Mr. Peter Buck and others, for having printed and published William Fuller's Books:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the abovementioned Order, as to the said Peter Buck, shall be, and is hereby, discharged.

Message from H. C. with a Bill:

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

Who brought up a Bill, intituled, "An Act for the Encouragement of Privateers;" to which they desire the Concurrence of this House.

Privateers, for Encouragement of, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the Encouragement of Privateers."

ORDERED, That the said Bill be read a Second Time on Friday next, at Eleven a Clock; and all the Lords summoned to attend.

Messages from H. C. to return Etterick's Bill; and the following Bills:

A Message was brought from the House of Commons, by Sir Joseph Tredenham and others:

To return the Bill, intituled, "An Act for vesting certain Messuages and Tenements, in the Counties of Bedford and Middl'x, in Trustees, to be sold; and for purchasing Lands or Rents, to be settled to the same Uses;" and to acquaint their Lordships, that they have agreed to the same, without any Amendment.

Bury's 3

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

To return the Bill, intituled, "An Act to enable Trustees to make Sale of Part of the Estate of Humphry Bury, for paying off a Mortgage and a Portion charged thereupon;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Water Measure of Fruit;

A Message was brought from the House of Commons, by Colonel Colchester and others:

To return the Bill, intituled, "An Act to ascertain the Water Measure of Fruit;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Sudbury Workhouses, &c.;

A Message was brought from the House of Commons, by the Earl of Dysert and others:

To return the Bill, intituled, "An Act for erecting Hospitals and Workhouses within the Town of Sudbury, in the County of Suffolk, for the better employing and maintaining the Poor thereof;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Stone's;

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

To return the Bill, intituled, "An Act for the more effectual Settlement of the Estate of John Stone, of Baldwin Brightwel, in the County of Oxford, Esquire, in his Family and Name;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Gold and Silver Wire Drawers;

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

To return the Bill, intituled, "An Act for continuing and amending the Act made in the Ninth Year of His late Majesty's Reign, intituled, An Act for the settling and adjusting the Proportions of fine Silver and Silk, and for the better making of Gold and Silver Thread, and to prevent the Abuses of the Wire Drawers;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Tempest's.

A Message was brought from the House of Commons, by Sir William Hustler and others:

To return the Bill, intituled, "An Act to vest several Lands and Tenements, in the County of York, in Trustees, to be sold, for the raising of a Portion for Henrietta Tempest, an Infant;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Dr. Drake to attend, about The History of the last Parliament.

The House being informed, "That Doctor Drake (who owns himself to be the Author of a Book, intituled, "The History of the last Parliament;" for printing whereof, some Booksellers are ordered to attend on Saturday next) desires that he may be appointed to attend at the same Time:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Doctor Drake do attend this House on Saturday next, at Eleven a Clock.

Report of the Queen's Answer to the Address:

The Lord Keeper reported, "That the House attended Her Majesty Yesterday, at Five a Clock, with the Address; and Her Majesty was pleased to return this Gracious Answer; (videlicet,)

"My Lords,

"I return you many Thanks, for your Address, and the Assurances of your Support and Assistance; which are always very agreeable to Me, and particularly upon this Occasion."

Address and Answer to be printed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Address of this House presented to Her Majesty Yesterday, and Her Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Message from H. C. to return E. of Abingdon's Bill:

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

To return the Bill, intituled, "An Act for vesting certain Lands and Tenements of Montagu Earl of Abingdon in Trustees, to be sold; and purchasing other Lands of equal Value, and limiting the Lands to be purchased to the same Uses as the Lands to be sold are limited;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.

Which Amendments were read Thrice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Message from H. C. for a Conference, on the Bill for Alterations in the Oath of Abjuration.

A Message was brought from the House of Commons, by the Lord Cheney and others:

To desire a Conference with this House, upon the Subject-matter of the Lords Amendments to 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."

To which the House agreed.

Answer.

Then the Commons were called in; and told, "That the Lords agree to a Conference, as desired; and appoint it To-morrow, at One a Clock, in the Painted Chamber."

Messages from H. C. to return Hunt's Bill; Mansell'sBill; and Barnwell's Bill.

A Message was brought from the House of Commons, by Sir Henry Dutton Colt and others:

To return the Bill, intituled, "An Act to enable the Trustees of James Hunt Esquire, deceased, to sell Timber, for the Payment of his Debts and Legacies;" and to acquaint their Lordships, that they have agreed to the same, without any Amendment.

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

To return the Bill, intituled, "An Act to enable Edward Mansell Esquire to raise a further Sum of One Thousand Pounds, on a Mortgage of the Impropriate Rectory of Llanriddian, for Payment of Debts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

To return the Bill, intituled, "An Act for the enabling Abraham Barnewell to make a more ample Settlement of his Estate, for the Benefit of his Family; and to charge Part thereof for raising Portions for his Younger Children in his Life-time, and for Payment of his Debts;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The House adjourned during Pleasure, to robe.

The House was resumed.

Queen present.

Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, attended with Her Officers of State; the Peers being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is Her Majesty's Pleasure, that they attend Her presently, in the House of Peers."

Who being come, with their Speaker; and after making a short Speech to Her Majesty, in relation to the Money Bills to be passed, gave the said Bills to the Clerk of the Parliaments; who brought them to the Table; where the Clerk of the Crown read the Titles of those, and the rest of the Bills following; (videlicet,)

Bills passed.

"1. An Act for granting an Aid to Her Majesty, by divers Subsidies and a Land Tax."

"2. An Act for making good Deficiencies, and for preserving the Public Credit."

To which Bills the Clerk of the Parliaments pronounced the Royal Assent, in these Words; (videlicet,)

"La Reine remercie ses bons Subjects, accepte leur Benevolence, et ainsi le veult."

"3. An Act for enabling Her Majesty to appoint Commissioners, to treat for an Union between the Kingdoms of England and Scotland."

"4. 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; and for repealing an Act, made in the Twenty-third Year of Queen Elizabeth, for the re-edifying of Cardiff Bridge, in the County of Glamorgan; and also for changing the Day of Election of the Wardens and Assistants of Rochester Bridge."

"5. An Act for making the River Darwent, in the County of Yorke, navigable."

"6. An Act for the re-building and repairing the Piers of the Town and Port of Whitby, in the County of York."

"7. An Act for the enlarging and encouraging the Greenland Trade."

"8. An Act to ascertain the Water Measure of Fruit."

"9. An Act for continuing and amending the Act, made in the Ninth Year of His late Majesty's Reign, intituled, An Act for the settling and adjusting the Proportions of fine Silver and Silk, and for the better making of Gold and Silver Thread, and to prevent the Abuses of the Wire-drawers."

To these Bills the Clerk of the Parliaments pronounced the Royal Assent severally, in these Words; (videlicet,)

"La Reine le veult."

"10. An Act for confirming a Purchase made by Her Majesty, and an Exchange between Her Majesty and the Dean and Canons of the King's Free Chapel within the Castle of Windsor."

"11. An Act for the Sale of certain Manors and Lands of John late Earl of Exeter, for Payment of the Debts and Performance of the Will of the said Earl."

"12. An Act for vesting certain Lands and Tenements of Montagu Earl of Abingdon in Trustees, to be sold; and purchasing other Lands of equal Value; and limiting the Lands to be purchased to the same Uses as the Lands to be sold are limited."

"13. An Act for the Relief of Dorothy Baroness Dowager of Upper Ossory and Captain James Rocke, with relation to the Irish Forfeitures."

"14. An Act for Sale of the Manor of Attingham, in the County of Salop; and settling a Farm called Selly-hall, and a Moiety of the Manor of Temple Lawrne, in the County of Worcester, of better Value, in Lieu thereof."

"15. An Act for charging the Estate late of William Adams Esquire, deceased, with Portions and Maintenances for William Adams and Elizabeth Adams his Younger Children."

"16. An Act for Sale of Part of the Estate of Stephen Soame Gentleman and Dorothy his Wife; and for applying the Monies raised thereby for Payment of his Debts, and for the Portions of Mary and William Soame, Two of their Younger Children."

"17. 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."

"18. An Act for confirming and settling of divers Charities, given by the last Will of Job Marston Gentleman, deceased."

"19. An Act for the Relief of Thomas Keightley Esquire, with relation to the forfeited Estates in Ireland."

"20. An Act to enable Jeffrey Palmer Esquire to settle a Jointure upon Elizabeth his Wise."

"21. An Act for the Relief of Hannah Mac Donnel, with relation to the forfeited Estates in Ireland."

"22. An Act for the Relief of Captain Thomas Bellew, with relation to the forfeited Estates in Ireland."

"23. An Act for the Relief of Edward Singleton Esquire, with relation to the forfeited Estates in Ireland."

"24. An Act for vesting the Estate of William Mathews Gentleman and Katherine his Wife in Trustees, to be sold, for the Purposes therein mentioned."

"25. An Act for the better Government of the Hospital of Balsal, in the County of Warwick, founded by the Lady Katherine Leveson."

"26. An Act for the Relief of Nicholas Bagenal Esquire, with relation to the forfeited Estates in Ireland."

"27. An Act for the Relief of Colonel Henry Luttrel, with relation to the forfeited Estates in Ireland."

"28. An Act to enable the Dean and Chapter of the Cathedral Church of St. Peter in Exeter, and their Farmers and Tenants, to make Leases of and in the Manor of Culmstock, in the County of Devon."

"29. An Act for the more effectual Settlement of the Estate of John Stone, of Baldwin Brightwel, in the County of Oxford, Esquire, in his Family and Name."

"30. An Act for vesting in Trustees the Estate late of Sir William Powel Baronet, deceased, for raising Portions for the Younger Children of Sir John Williams and Dame Mary his Wife, Daughter of the said Sir William Powel; and to enable William Williams, their Eldest Son, to make a Jointure to such Wife as he shall marry."

"31. An Act for vesting certain Messuages and Tenements, in the Counties of Bedford and Middl'x, in Trustees, to be sold; and for purchasing Lands or Rents, to be settled to the same Uses."

"32. An Act to enable Trustees to make Sale of Part of the Estate of Humphry Bury, for paying off a Mortgage and a Portion charged thereupon."

"33. An Act for erecting Hospitals and Workhouses within the Town of Sudbury, in the County of Suffolk, for the better employing and maintaining the Poor thereof."

"34. An Act to vest several Lands and Tenements, in the County of York, in Trustees, to be sold, for the raising of a Portion for Henrietta Tempest, an Infant."

"35. An Act to enable the Trustees of James Hunt Esquire, deceased, to sell Timber, for the Payment of his Debts and Legacies."

"36. An Act to enable Edward Mansel Esquire to raise a further Sum of One Thousand Pounds, on a Mortgage of the Impropriate Rectory of Llanriddian, for Payment of Debts."

To these Bills the Clerk of the Parliaments pronounced severally the Royal Assent, in these Words; (videlicet,)

"Soit fait come il est desiré."

Then Her Majesty was pleased to withdraw; and the Commons returned to their House.

Queen's Message, concerning Lord Bophin's and Earl of Carlingford's Bills, dispensing with Her Prerogative.

The Lord Privy Seal (by Her Majesty's Command) acquainted the House, "That Her Majesty having been informed, That Two Bills have been brought to this House from the House of Commons; one, intituled, "An Act for making Provision for the Protestant Children of the Earl of Clanriccard and the Lord Bophin;" the other, intituled, "An Act for Relief of Francis Earl of Carlingford and others, against several Outlawries in the County of Tiperary, in Ireland;" contrary to the Usage of Parliament; and Her Majesty's Prerogative Royal being, to restore the Persons in the said Bills named in Blood, and reversing Attainders of High Treason by Outlawries: Her Majesty, out of Her great Compassion to the Persons concerned in the said Bills, is graciously pleased to dispense with Her Prerogative Royal, in this Case, for this Time; and Her Majesty consents that the said Bills be proceeded on, in these particular Cases, so as the same be not drawn into Consequence hereafter."

Rights of the Crown, and of this House, in Bills of Restitution, Committee to consider of preserving.

To which the House agreed; and named the Lords following, to be a Committee, to draw up what shall be entered in the Journals of this House, for preventing the like for the future, and preserving the Rights of this House, pursuant to the Standing Orders and the Usage of Parliament, That Bills of this Nature ought to be recommended to this House, and signed by Her Majesty, and begun here; whose Lordships are to report to this House To-morrow, at Twelve a Clock; (videlicet,)

March. Normanby, C. P. S.
D. Bolton.
D. Newcastle.
Comes Radnor.
Comes Nottingham.
Comes Abingdon.
Comes Plimouth.
Comes Scarbrough.
Viscount Weymouth.
Viscount Longueville.
Arch. Cant.
Epus. St. Asaph.
Epus. Cicestr.
Ds. Lawarr.
Ds. Ferrers.
Ds. Eure.
Ds. Howard.
Ds. Raby.
Ds. Lucas.
Ds. Dartmouth.

Their Lordships, or any Three of them; to meet To-morrow, at Ten a Clock, in the Prince's Lodgings near the House of Peers.

E. of Clanriccard and Lord Bophin's Protestant Children, Bill.

ORDERED, That the Bill, intituled, "An Act for making Provision for the Protestant Children of the Earl of Clanriccard and the Lord Bophin," shall be read the Second Time To-morrow, after the Report from the Committee; and that the Trustees for the forfeited Estates in Ireland do then attend, and the Persons concerned in the said Bill.

E. of Carlingford's Bill.

ORDERED, That the Bill, intituled, "An Act for the Relief of Francis Earl of Carlingford and others, against several Outlawries in the County of Tiperary in Ireland," shall be read the Second Time To-morrow, after the Report from the Committee; and that the Trustees for the forfeited Estates in Ireland do then attend, and the Persons concerned in the said Bill.

Villiers claiming the Title of Earl of Buckingham, Petition about Earl of Clanriccard's Bill, rejected.

Upon reading the Petition of John Villiers; claiming the Title of Earl of Buckingham and Viscount Purbeck; shewing, "That there is a Bill depending in this House, intituled, "An Act for making Provision for the Protestant Children of the Earl of Clanriccard and the Lord Bophin;" and praying to be heard, by his Counsel, before the passing of the said Bill, in order to the adding a Saving for him therein:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, rejected.

Adjourn.

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