House of Lords Journal Volume 14: 16 November 1691

DIE Lunæ, 16 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Putt's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable the Executors and Trustees of Sir Thomas Putt Baronet, deceased, to lease several Messuages, Lands, Tenements, and Hereditaments, during the Minority of Sir Thomas Putt Baronet, Son and Heir of the said Sir Thomas Putt, towards the Payment of Five Hundred Pounds apiece Legacies to his Three Sisters, Margarett, Ursula, and Susanna Putt, as also the Debts of the said Sir Thomas Putt the Father."

ORDERED, That the Consideration of this Bill is committed to the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Chancery, &c. Bills of Review, Bill.

Hodie 2^a vice lecta est Billa, "An Act for the better determining of Causes upon Bills of Review in Chancery, and other Courts of Equity."

ORDERED, That the Consideration of this Bill is committed to a Committee of the whole House, on Wednesday next, at Ten of the Clock in the Forenoon.

Beaghan versus Howard.

Upon reading the Petition of Edmond Beaghan and Anne his Daughter, an Instant; praying, "That a Day may be appointed for hearing of their Cause depending in this House, in which the Lady Elizabeth Howard is Plaintiff, and they Defendants; and also praying, that the Appellants be ordered to produce such Deeds of Settlement at the Hearing, as by Order of the Court of Chancery she produced at the Hearing there:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Saturday the One and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon; at which Time the said Elizabeth Howard is to produce such Deeds of Settlement at the Hearing, as by Order of the Court of Chancery she produced at the Hearing there; and hereof she may not fail.

Woollaston versus Stephens.

Upon reading the Petition of John Woolaston, Respondent to the Appeal of Sir Richard Stephens Knight, Appellant; praying a Day may be appointed, for hearing the Cause depending in this House between them:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Friday the Seven and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Albyn versus Moyer.

The House being this Day moved, "That a Day may be appointed, for hearing the Cause wherein Benjamine Albin is Appellant, and Samuell Moyer Respondent:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Wednesday the 25th Day of this Instant November, at Ten of the Clock in the Forenoon.

Parker versus Thornhill.

The House being this Day moved, "That a Day may be appointed, for hearing the Cause wherein Sarah Parker is Plaintiff, and Jeremiah Thornhill and others are Defendants:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Saturday the Eight and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

Absent Lords to be called.

ORDERED, That the absent Lords shall be called over on Monday the Three and Twentieth Day of this Instant November, at Ten of the Clock in the Forenoon.

ORDERED, That Mr. Montague's Committee be revived; to meet on Thursday next, at Nine of the Clock in the Forenoon.

Oaths in Ireland, Bill.

The House was adjourned during Pleasure, and put into a Committee, to consider of the Bill, intituled, "An Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths."

And, after some Time spent therein, the House was resumed.

And the Earl of Rochester reported, "That the Committee had gone through the said Bill; and had agreed upon some Amendments, and some Clauses to be added to the Bill."

Which were read.

ORDERED, That the Lords following shall be a Committee, to consider of the Two First Clauses drawn by the Judges, and adapt them to the Bill, and report to the House:

Lord Chief Justice Holt to assist their Lordships.

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings.

Capitulation of Limerick.

Upon Debate concerning some Words in the Bill relating to Lawyers and Physicians, the Articles of Capitulation upon Surrender of Limerick were produced in the House, and read as followeth:

Articles.

"Articles agreed upon the Third Day of October, 1691, between the Right Honourable Sir Charles Porter Knight and Thomas Coningsby Esquire, Lords Justices of Ireland, and his Excellency the Baron de Ginckell Lieutenant General and Commander in Chief of the English Army, on the one Part; and the Right Honourable Patrick Earl of Lucan, Piercy Viscount Gallmoy, Colonel Nicholas Purcell, Colonel Nicholas Cusack, Sir Toby Butler, Colonel Garrett Dillon, and Colonel John Browne, on the other Part, on the Behalf of the Irish Inhabitants in the City and County of Limericke, the Counties of Clare, Kerry, Corke, Sligo, and Mayo.

"In Consideration of the Surrender of the City of Limerick, and other Agreements made between the said Lieutenant General Ginckell the Governor of the City of Limerick, and the Generals of the Irish Army, bearing Date with these Presents, for the Surrender of the said City and Submission of the said Army; it is agreed, that,

"1. The Roman Catholics of this Kingdom shall enjoy such Privileges, in the Exercise of their Religion, as are consistent with the Laws of Ireland, or as they did enjoy in the Reign of King Charles the Second. And Their Majesties, as soon as Their Affairs will permit Them to summon a Parliament in this Kingdom, will endeavour to procure the said Roman Catholics such further Security in that Particular, as may preserve them from any Disturbance upon the Account of their said Religion.

"2. All the Inhabitants or Residents of Limerick, or any other Garrison now in the Possession of the Irish, and all Officers and Soldiers now in Arms under any Commission of King James, or those authorized by him to grant the same, in the several Counties of Limerick, Clare, Kerry, Corke, and Mayow, or any of them, and all the Commissioned Officers in Their Majesties Quarters that belong to the Irish Regiments now in Being, that are treated with, and who are not Prisoners of War, or have taken Protection, and who shall return and submit to Their Majesties Obedience, and their and every of their Heirs, shall hold, possess, and enjoy, all and every their Estates of Freehold and Inheritance, and all their Rights, Title and Interest, Privileges and Immunities, which they and every or any of them held, enjoyed, or were rightfully and lawfully entitled to, in the Reign of King Charles the Second, or at any Time since, by the Laws and Statutes that were in Force in the said Reign of King Charles the Second; and shall be put in Possession, by Order of the Government, of such of them as are in the King's Hands, or the Hands of His Tenants, without being put to any Suit or Trouble therein; and all such Estates shall be freed and discharged from all Arrears of Crown Rents, Quit Rents, and other Public Charges, incurred and become due since Michaelmas 1688, to the Day of the Date hereof; and all Persons comprehended in this Article shall have, hold, and enjoy, all their Goods and Chattels, Real and Personal, to them or any of them belonging, and remaining either in their own Hands or the Hands of any Persons whatsoever in Trust for, or for the Use of, them or any of them; and all and every the said Persons, of what Profession, Trade, or Calling soever they be, shall and may use, exercise, and practise, their several and respective Professions, Trades, and Callings, as freely as they did use, exercise, and enjoy the same in the Reign of King Charles the Second: Provided, that nothing in this Article contained be construed to extend to, or restore, any forfeiting Person now out of the Kingdom, excepted what are hereafter comprised: Provided also, that no Person whatsoever shall have or enjoy the Benefit of this Article, that shall neglect or refuse to take the Oath of Allegiance, made by Act of Parliament in England in the First Year of the Reign of Their present Majesties, when thereunto required.

"3. All Merchants, or reputed Merchants, of the City of Limerick, or of any other Garrison now possessed by the Irish, or of any Town or Place in the Counties of Clare or Kerry, who are absent beyond the Seas, that have not bore Arms since Their Majesties Declaration in February 1688/89, shall have the Benefit of the Second Article, in the same Manner as if they were present: Provided such Merchants, and reputed Merchants, do repair into this Kingdom within the Space of Eight Months from the Date hereof.

"4. The following Officers, (videlicet,) Colonel Symon Luttrell, Captain Rowland White, Maurice Eustace of Yermous Towne, Chivers of Mays Towne, commonly called Mountlcinster, now belonging to the Regiments in the aforesaid Garrisons and Quarters of the Irish Army, who are beyond the Seas, and sent thither upon Affairs of their respective Regiments, or the Army in general, shall have the Benefit and Advantage of the Second Article: Provided they return hither within the Space of Eight Months from the Date of these Presents, and submit to Their Majesties Government, and take the abovementioned Oath.

"5. That all and singular the said Persons comprised in the Second and Third Articles shall have a General Pardon of all Attainders, Outlawries, Treasons, Misprisions of Treasons, Præmunires, Felonies, Trespasses, and other Crimes and Misdemeanors whatsoever, by them, or any of them, committed since the Beginning of the Reign of King James the Second; and if any of them are attainted by Parliament, the Lords Justices and General will use their best Endeavours to get the same repealed by Parliament, and the Outlawries to be reversed gratis; all but Writing Clerks Fees.

"6. And whereas these present Wars have drawn on great Violences on both Parts; and that if Leave were given to the bringing all Sorts of private Actions, the Animosities would probably continue that have been too long a Foot, and the public Disturbances last; for the Quieting and Settling therefore of this Kingdom, and avoiding those Inconveniencies which would be the necessary Consequence of the contrary, no Person or Persons whatsoever comprised in the foregoing Articles shall be used, molested, or impleaded, at the Suit of any Party or Parties whatsoever, for any Trespasses by them committed, or for any Arms, Horses, Money, Goods, Chattels, Merchandises, or Provisions whatsoever, by them seized or taken during the Time of the War; and no Person or Persons whatsoever, in the Second or Third Articles comprised, shall be used, impleaded, or made accountable, for the Rents or Mean Rates of any Lands, Tenements, or Houses, by him or them received or enjoyed in this Kingdom, since the Beginning of the present War, to the Day of the Date hereof, nor for any Waste or Trespass by him or them committed in any such Lands, Tenements or Houses: And it is also agreed, that this Article shall be mutual and reciprocal on both Sides.

"7. Every Nobleman and Gentleman comprised in the said Second or Third Articles shall have Liberty to ride with a Sword and Case of Pistols, if they think fit; and keep a Gun in their Houses, for the Defence of the same, or for Fowling.

"8. The Inhabitants and Residents of the City of Limerick, and other Garrisons, shall be permitted to remove their Goods, Chattels, and Provisions, out of the same, without being viewed and searched, or paying any Manner of Duties; and shall not be compelled to leave the Houses or Lodgings they now have, for the Space of Six Weeks next ensuing the Date hereof.

"9. The Oath, to be administered to such Roman Catholics as submit to Their Majesties Government, shall be the Oath abovesaid, and no other.

"10. No Person or Persons, who shall at any Time hereafter break these Articles, or any of them, shall thereby make or cause any other Person or Persons to forfeit or lose the Benefit of the same.

"11. The Lords Justices and General do promise to use their utmost Endeavours, that all the Persons comprehended in the abovementioned Articles shall be protected and defended from all Arrests and Executions for Debt or Damage, for the Space of Eight Months next ensuing the Date hereof.

"12. Lastly, The Lords Justices and General do undertake, that Their Majesties will ratify these Articles within the Space of Eight Months or sooner, and use Their utmost Endeavours that the same shall be ratified and confirmed in Parliament.

"13. And whereas Colonel John Browne stood indebted to several Protestants, by Judgements of Record; which appearing to the late Government, the Lord Tyrconnell and Lord Lucan took away the Effects the said John Browne had to answer the said Debts, and promised to clear the said John Browne of the said Debts, which Effects were taken for the public Use of the Irish and their Army; for freeing the said Lord Lucan of his said Engagement passed on their public Account, for Payment of the said Protestants, and for preventing the Ruin of the said John Browne, and for Satisfaction of his Creditors, at the Instance of the Lord Lucan and the rest of the Persons aforesaid, it is agreed, that the said Lords Justices, and the said Baron de Ginckell, shall intercede with the King and Parliament, to have the Estates secured to Roman Catholics by Articles and Capitulation in this Kingdom charged with, and equally liable to, the Payment of so much of the said Debts as the said Lord Lucan, upon stating Accompts with the said John Browne, shall certify, under his Hand, that the Effects taken from the said Browne amount unto; which Accompt is to be stated, and the Balance certified by the said Lord Lucan, in One and Twenty Days after the Date hereof.

"For the true Performance whereof, we have hereunto set our Hands.

"Present:
Scravenmore.
Lucan.
H. Mackay.
Gallmoy.
T. Tolmach.
N. Purcell.
Nich. Cusack.
Theobald Butler.
Ger. (fn. 1) Dilson.
John Browne."

Whitaker versus Pawlin & al.

Whereas Tuesday was appointed for hearing the Cause wherein Edward Whitaker is Plaintiff, and Will'm Pawlin and others Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Wednesday next, at Nine of the Clock in the Forenoon.

Dutch. of Beaufort against the E of Aylesbury's Bill.

Whereas To-morrow was appointed for hearing the Counsel of her Grace the Dutchess of Beaufort, before the committing of the Earl of Aylisburye's Bill, now depending:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Dutchess of Beaufort, by her Counsel, on Thursday next, at Ten of the Clock in the Forenoon; as also Counsel for the Earl of Aylisbury, before the committing of the said Bill concerning the same.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 17^um instantis Novembris, hora decima Aurora, Dominis sic decernentibus.