House of Lords Journal Volume 17: 17 December 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: 17 December 1702', in Journal of the House of Lords: Volume 17, 1701-1705, (London, 1767-1830) pp. 191-193. British History Online https://www.british-history.ac.uk/lords-jrnl/vol17/pp191-193 [accessed 23 April 2024]

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In this section

DIE Jovis, 17 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Duresme, & Crew.
Epus. Winton.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Hereford.
Epus. Eliens.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucester.
Epus. Bristol.
Epus. St. Asaph.
Epus. Lincoln.
Epus. Cicestr.
Epus. Bangor.
Epus. Carlisle.
Ds. Custos Magni Sigilli.
Comes Pembroke, Præses.
March. Normanby, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Southampton.
Dux Ormonde.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Newcastle.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Oxford.
Comes Kent.
Comes Derby.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Shaftesbury.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Montagu.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Romney.
Comes Orford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Wharton.
Ds. North & Grey.
Ds. Brooke.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulett.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Colepeper.
Ds. Rockingham.
Ds. Berkeley.
Ds. Craven.
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.

Prise versus Button:

Whereas To-morrow is appointed, for hearing of the Cause wherein John Prise is Appellant, and Thomas Button Respondent:

Bridges to attend.

The House being this Day moved, "That Mr. Edmund Bridges, the Respondent's Clerk in Chancery, may attend at the Hearing of the said Appeal, with the Docquet of the Decree, that it may appear when the same was signed and enrolled;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmund Bridges do attend, with the Docquet of the said Decree, To-morrow, at the Hearing of the said Cause.

L. Leigh takes the Oaths.

This Day Thomas Lord Leigh took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Goddard's Bill.

The Lord Viscount Weymouth reported from the Lords Committees, the Bill, intituled, "An Act for better settling the Real and Personal Estate of John Goddard Esquire deceased, to and for the Benefit of John Goddard his Son, and Mary Goddard his Daughter, Infants, during their Minority," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Peachy's Bill.

The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for Sale of Part of the Estate late of William Peachy Esquire deceased, for the Payment of Legacies charged thereupon," as fit to pass, without any Amendment.

Butler's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for setting aside a Settlement, in order that William Butler may have a good Conveyance of Lands from Raphael Whistler, according to the Articles agreed on."

Message from H. C. for a Conference on the Bill to prevent Occasional Conformity.

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

To acquaint this House, that the Commons desire a Conference with their Lordships, upon the Subjectmatter of the Amendments made by their Lordships to the Bill, intituled, "An Act for preventing Occasional Conformity."

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 presently, in the Painted Chamber."

Managers.

Then the Lords following were named Managers of the Conference; (videlicet,)

Dux Devonshire, Senescallus.
Dux Somerset.
Dux Bolton.
Comes Carlisle, Marescallus.
Comes Peterborow.
Comes Stamford.
Comes Sunderland.
Comes Essex.
Comes Anglesey.
Comes Berkeley.
Comes Torrington.
Comes Scarbrough.
Comes Orford.
Viscount Townshend.
Ds. Lawarr.
Ds. Ferrers.
Ds. Wharton.
Ds. North.
Ds. Grey W.
Ds. Mohun.
Ds. Raby.
Ds. Rockingham.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.

The Commons being come to the Conference, the Managers Names were read.

Then the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Lord Steward reported, "That the Lords had attended the Conference; which was managed for the Commons by Mr. Bromley; who acquainted their Lordships, That the Commons agreed to some of their Amendments made to the said Bill; and to other Amendments they disagree; and made Amendments to One of their Lordships Amendments."

Amendments to the Bill considered.

Then the First Amendment to which the Commons disagreed was read.

Whereupon,

It was proposed, "To adjourn."

Then the Question was put, "Whether this House shall now proceed upon the Report of the Conference and Amendments made to the Bill?"

It was Resolved in the Affirmative.

Then the First Amendment disagreed to by the Commons was read again; (videlicet,)

1st Skin, 10 Line, after ["scrupulous"], read ["but"].

11 Line, leave out from ["Whereas"] to ["several"] in the 16th Line.

This Amendment postponed.

In the 20th Line, leave out ["such"].

This Amendment postponed.

2d Skin, 4 Line, Leave out from ["Family"] to ["shall"] in the 15th Line.

It was proposed, "To insist on the Amendment made by this House."

After Debate:

The Question was put, "Whether this House shall insist upon the Amendment; (videlicet,) 2d Skin, 4th Line, leave out from ["Family"] to ["shall"] in the 15th Line?"

It was Resolved in the Affirmative.

2d Skin, 33th Line, after ["aforesaid"], add ["or at any Meeting where the Liturgy is used, and where Her Majesty and the Princess Sophia shall not be prayed for in express Words, according to the Liturgy of the Church of England."]

Then the Commons Amendments made to their Lordships Amendment, being read, were agreed to, with the Addition of these Words; (videlicet,) ["In Pursuance of the Act passed in the First Year of King William and Queen Mary, intituled, An Act, declaring the Rights and Liberties of the Subjects, and settling the Succession of the Crown ; and the Act passed in the 12th and 13th Year of King William the Third, intituled, An Act for the further Limitation of the Crown, and the better Security of the Rights and Liberties of the Subject."

Then the House agreed to the Amendments made to this Clause, with an Amendment.

Then this Amendment being read; (videlicet,) 34th Line, leave out ["£. 100. and £. 5. per Diem, that any such Person or Persons shall continue in the Execucution of such Office or Employment"]; and instead thereof insert ["Twenty Pounds, to be divided into Three Parts, whereof one Third Part to Her Majesty, one other Third Part to the Informer, and the other Third Part to the Poor of the Parish where the Offence shall be committed."]

Ordered, and agreed, to insist on this Amendment.

ORDERED, That this House will proceed on these Amendments To-morrow, after the Cause; and that all the Lords be summoned.

Fane, Leave for a Bill.

Upon reading the Petition of Mildmay Fane Esquire; praying Leave to bring in a Bill, to enable Trustees, to allow the Petitioner such Yearly Allowance out of the Estate, as shall be thought necessary for his Education, and Charges in Travelling:

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.

Flag Officers, &c. Journals, and Account of Provisions brought House.

The House being informed, "That Mr. Burchet attended, as ordered;" he was called in, and, at the Bar, delivered several Journals, Books, and Papers, the Titles whereof were read, as follow; (videlicet,)

1. "An Account of Journals then delivered to the Lords Spiritual and Temporal, by Mr. Burchet, Secretary of the Admiralty; and what are not yet received from some Flag Officers and their Captains that were employed in the Expedition to Cadiz and Vigo."

2. "Account of Provisions brought for England by the Victualing Ships returned from the Spanish Expedition."

Hereupon,

D. Ormond's and Flag Officers Journals, Committee to consider of.

Lords Committees were appointed, to consider of the Duke of Ormond's Journal, delivered into this House the Thirtieth of November last; as also the Journals of the Flag Officers and Captains of the Fleet, in the last Summer's Expedition to Cadiz and Vigo; and an Account of Provisions brought Home; delivered by Mr. Burchet this Day; whose Lordships have hereby Power to send for Persons, Papers, and Records; and, having considered thereof, are afterwards to report to the House; (videlicet,)

Comes Pembroke, Præses.
March. Normanby, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Southampton.
Dux Ormond.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Newcastle.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Kingston.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Shaftesbury.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Montagu.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Romney.
Comes Orford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Duresme.
Epus. Winton.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Hereford.
Epus. Eliens.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Bristol.
Epus. St. Asaph.
Epus. Lincoln.
Epus. Cicestr.
Epus. Bangor.
Epus. Carlisle.
Ds. Bergevenny.
Ds. Lawarr.
Ds. Ferrers.
Ds. Fitzwalter.
Ds. Wharton.
Ds. North & Grey.
Ds. Brooke.
Ds. Grey W.
Ds. Lovelace.
Ds. Poulet.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Craven.
Ds. Osborne.
Ds. Dartmouth.
Ds. Stawel.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Bernard.
Ds. Halifax.

Their Lordships, or any Five of them; to meet on Monday the One 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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usquead et in diem Veneris, decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.