House of Lords Journal Volume 15: 4 March 1693

DIE Sabbati, 4 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sea Water to make fresh, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the making Sea Water fresh, clear, and wholesome."

ORDERED, That the Consideration hereof be committed to the Lords following:

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

Reviving, continuing, &c. Laws, Bill for.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the reviving, continuing, and explaining, several Laws therein mentioned, which are expired, and near expiring."

ORDERED, That the Consideration hereof be referred to the Committee abovesaid.

Clandestine Mortgages, to prevent, Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act to prevent Frauds by clandestine Mortgages."

The House was resumed.

And the Lord Marquis of Halifax reported, "That the Committee had gone through the Bill, and think it fit to pass, without any Amendment."

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent Frauds by clandestine Mortgages."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have passed it.

A Message was sent to the House of Commons, by . . . .

To let them know, the Lords have passed the said Bill, without any Amendment.

Watson discharged.

Upon reading the humble Petition of John Watson; shewing, "his Sorrow for his Offence committed against this House and his Grace the Duke of Somersett; and praying to be discharged without Fees, he being very poor:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Watson shall be, and is hereby, discharged, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Hargrave's Petition.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of Richard Hargrave shall be, and is hereby, referred to the Lords Committees for Privileges.

Committee to prepare an Address concerning Ireand.

The Order being read, for considering the State and Condition of the Kingdom of Ireland; and Debate had thereupon; the following Committee was ordered:

Lords Committees appointed to withdraw, to draw an Address to be presented to His Majesty, concerning the State and Condition of the Kingdom of Ireland, upon Debate this Day.

Message from H. C. to return the Bill for Sale of the Office of Warden of The Fleet; and Sheibell's Bill and to remind the Lords of the Alnage Bill.

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

To return the Bill, intituled, "An Act for the Sale of such Interest as Thomas Bromhall, an Insant, hath in the Office of the Warden of The Fleete, and in Thirteen Houses adjoining, and in an Office of the Custody of the Palace at Westminster, for the more effectual Payment of Debts;" to which they have agreed, with some Amendments, and desire their Lordships Concurrence thereunto.

As also, "An Act for naturalizing Henry Sheibell and others;" that they have agreed to their Lordships Amendments.

And to put this House in Mind of an engrossed Bill, intituled, "An Act for transferring the Duty of Alnage to the Custom-house, and for giving a Recompense to the Crown for the same."

Message from thence, to return the Bill for an Exchange between the Bp. of London and E. of Monmouth.

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

To return the Bill, intituled, "An Act for exchanging of several small Parcels of Land, in the Parish and Manor of Fulham, belonging to the Bishopric of London, for other Lands of the like Value, to Charles Earl of Monmouth and his Heirs;" to which they have agreed, with some Amendments, and desire the Concurrence of this House thereunto.

Address to the King, for Redress of Grievances in Ireland:

The Earl of Mulgrave reported from the Committee, the Address drawn by them to be presented to His Majesty, concerning the State and Condition of the Kingdom of Ireland.

Which was read, as followeth; (videlicet,)

We the Lords Spiritual and Temporal in Parliament assembled, having received Information upon Oath, from several Persons of good Credit and Reputation of the Kingdom of Ireland (in the Preservation of whose Rights, Liberties, and Properties, this Kingdom must be always very nearly concerned) of exorbitant Abuses, great Mismanagement, and many arbitrary and illegal Proceedings there, within these Four Years last past, as well since the Determination of the War as before, do, with all Duty to Your Majesty, and Tenderness for the Preservation of the Peace and Welfare of both Kingdoms, humbly represent to Your Majesty these Particulars following:

"1. That the Revenues of the Estates forfeited to Your Majesty have not been duly accounted for, nor applied to the Public Use.

"2. That of the Product of the Personal Estates forfeited to Your Majesty, which were valued at One Hundred Thirty-five Thousand Pounds, there has not been Ten Thousand Pounds brought to Your Majesty's Accompt.

"3. That there have been great and notorious Embezzlements of the Stores.

"4. That the Quarters of the Soldiers have not been paid; notwithstanding there hath been Deductions out of their Pay for the same, and notwithstanding the Supply that was given in Parliament for that Purpose.

"5. That the usual and ancient Methods of the Exchequer have not been of late observed.

"6. That there hath been too much Encouragement given to Papists; and particularly by giving Protections to the Irish, against just Debts owing to the English, and to such Papists as were not under the Articles of Limricke, while poor Protestants were left to be prosecuted by the Irish.

"7. That the present Lord Mayor of Dublin has been imposed upon that City Two Years together, contrary to their ancient Rights and Privileges.

"8. That one Gafney, and several others, were executed without any Trial whatsoever; and that one Sweetman, who was equally charged with the same Crime for which the others suffered, has not been prosecuted for it.

All which Grievances and Miscarriages we here lay before Your Majesty; desiring that the same may be taken into Your most serious Consideration, as Matters that necessarily require the most speedy and effectual Remedy; for which we pray Your Majesty to give such Directions, and to use such Means, as to Your Majesty in Your Justice shall seem most proper and expedient; whereby Your Majesty's Subjects may be relieved from the great Oppressions they lie under, and that Kingdom settled and governed according to Law."

Lords to wait on the King, to know when He will be attended with it.

ORDERED, That the Earl of Bridgewater, the Earl of Nottingham, and the Earl of Rochester, do attend His Majesty, to know what Time He will be pleased to appoint for this House to attend Him with the Address; and that they give the House an Account thereof at the First Sitting of the House on Monday next.

Booksellers against the Act for reviving Laws.

Upon reading the Petition of several Booksellers and Bookbinders, and others, Dealers in Books and Printing; praying to be heard, before the passing of the Bill, intituled, "An Act for the reviving, continuing, and explaining, several Laws therein mentioned:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard, at the Committee, as desired, on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Englesyld versus Englesyld.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of Sir Charles Englefeild shall be considered, by the Lords Committees for Privileges, on Monday next, at Four of the Clock; who are to inspect Precedents.

Berry & al. versus Yate.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of William Berry and Appolina his Wife, Wm. Gifford, Ellen his Wife, Anthony Dowdall and Rebecca his Wife; complaining of a Decree made the Eighteenth Day of July, One Thousand Six Hundred and Ninety, and a Report and subsequent Orders by the Lords Commissioners of the Great Seal, on the Behalf of Samuel Yate Clerk, and Samuel and Elizabeth his Son and Daughter; as also upon the Answer of Samuel Yate the Elder Clerk, and of Samuel and Elizabeth his Son and Daughter, put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of William Berry and Appolina his Wife, and other the Appellants above mentioned, shall be, and is hereby dismissed this House; and that the Decree, Report, and subsequent Orders, therein complained of, shall be, and they are hereby, affirmed: And it is further ORDERED, That the Petitioners William Berry, William Gifford, and Anthony Dowdall shall pay, or cause to be paid, unto the Respondent Sam'll Yate the Elder, the Sum of Twenty Pounds, for his Costs sustained in defending the said Appeal in this House.

Hollford and Filmer, who signed Berry's Appeal, to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Richard Hollford and Mr. Thomas Filmer, Counsellors at Law, who signed the Petition and Appeal of William Berry and others, do attend this House on Monday next, at Ten of the Clock in the Forenoon.

Minshall versus Jones & al.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Richard Minshall Esquire, and Anne Minshall Widow his Mother, from a Decree made in the Court of Chancery, the Sixteenth Day of January, One Thousand Six Hundred Ninety-two, for Henry Jones and Richard Harris and others, on the Behalf of the Poor and other Charities in the Parishes and Towns of Buckingham, Beachampton, Calverton, and Stoney Stratford, in the County of Bucks, upon Exceptions taken by the Appellants to a Decree made in April, One Thousand Six Hundred Ninety one, by Commissioners on the Statute of Charitable Uses, in Favour of the Charity, against the Appellants; as also upon the Answer of Richard Harris and Henry Jones, on Behalf of the Poor and other Charities within the Parishes and other Towns above mentioned, put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Richard Minshall and Anne Minshall Widow his Mother shall be, and is hereby, dismissed this House; and that the Decree therein complained of shall be, and is hereby, affirmed: And it is further ORDERED, That the Petitioners Richard Minshall and Anne Minshall shall pay, or cause to be paid, unto William Lawley the Respondent's Solicitor, for the Use of Richard Harris and Henry Jones, and others, the Sum of Ten Pounds, for their Costs sustained in defending the said Appeal in this House.

Boevey versus Ly. Smith & al.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of James Boevey Esquire, Son and Heir of Andrew Boevey and Joanna his Wife, both deceased, from a Decree of Dismission in Chancery, made by the Lord Keeper North, the Fifth Day of March, in the Five and Thirtieth Year of the Reign of the late King Charles the Second, on the Behalf of Dame Anne Smith Widow, Executrix of James Smith Knight, deceased, and John Boevey, Son and Heir of William Boevey Merchant, deceased; as also upon the several Answers of Dame Anne Smith Widow, John Boevey, Thomas Lownes and Elizabeth his Wife, the Right Honourable Henry Lord Capell, and Richard Garth Esquire, and Elizabeth the Wife of John Boevey Esquire, put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of Dismission complained of in the said Petition of James Boevey, made by the Lord Keeper North, the Fifth Day of March, in the Five and Thirtieth Year of the Reign of the said late King Charles the Second, shall be, and is hereby, reversed.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) sextum diem instantis Martii, hora nona Aurora, Dominis sic decernentibus.