House of Lords Journal Volume 15: 29 December 1691

Anno 3 Gulielmi & Mariæ. DIE Martis, 29 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Waldegrave's Bill.

The Lord Marquis of Hallifax reported the Bill, intituled, "An Act to enable Trustees of the Right Honourable James Lord Waldegrave to make Leases, and grant Copyhold Estates, for Payment of the Debts of Henry Lord Waldegrave his Father, deceased," with some Amendments.

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

Halfords protected, to attend their Bill.

Whereas there is a Bill depending in this House, wherein Sir William Holford, the Lady Holford his Mother, and Henry Holford Esquire, are concerned, and are to attend at the Committee appointed to consider of the said Bill; the House being this Day moved, "That they may have the Protection of this House during their Attendance on the said Bill depending in this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir William Halford, the Lady Halford his Mother, and Mr. Henry Halford, shall have, and are hereby allowed, the Protection of this House, in their coming to and going from this House to their several Places of Abode, in order to their Attendance on the said Bill.

Supply Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the granting an Aid to Their Majesties, of the Sum of Sixteen Hundred Fifty-one Thousand Seven Hundred and Two Pounds, Eighteen Shillings, towards the carrying on a vigorous War against France."

ORDERED, That the said Bill shall be read the Second Time To-morrow Morning.

E. of Essex takes the Oaths.

This Day Algernon Earl of Essex took the Oaths, and made and subscribed the Declaration, pursuant to the Statute, upon his First Sitting in Parliament after the Death of his Father.

Trials for Treason Bill.

The Lord Marquis of Hallifax reported from the Committee, the Reasons drawn by the Committee for the Lords insisting on their Proviso (A.) to the Bill, intituled, "An Act for regulating Trials in Cases of Treason."

Which were read, as followeth:

Reasons for insisting on Lords Proviso to it.

"The Lords observe, that in the Reason offered by the Commons for their disagreeing with them in the Clause marked (A.) in the Bill, intituled, "An Act for the better regulating of Trials in Cases of Treason;" they do not object against it as unreasonable in itself, but as it is of a different Nature from the Intent and Purport of the Bill.

"The Lords look upon it to be quite otherwise; and cannot conceive how any Thing should be thought foreign to the Bill, that doth so naturally agree with the Scope of it; which is, the Protection of all innocent Men, who shall at any Time hereafter happen to be accused of any of the Crimes therein mentioned.

"The Ground of this Bill is, that every Man who shall be prosecuted for Treason or Misprision of Treason shall have a fair and equal Trial for his Life; so that in what Respect, or by what Circumstance soever, as the Course of Proceedings now is, an innocent Man's Life, Estate, or Liberty, may be unduly exposed by his being prosecuted for the Crimes above expressed, it is very fit there should be a Remedy: And therefore, if the present Method of trying Peers giveth just Cause of Objection to it, in relation to the true and natural Meaning of this Bill, it is either to be shewed that the Objection is of no Force, and that in the present Method there is no such Defect or Inconvenience, or it must be acknowledged there ought to be a Remedy; and then it cannot be denied but that such a Remedy cometh properly in this Bill, since it agreeth both with the Title and with the Intent of it.

"The Lords are of Opinion, That the Interest of the People of England is at least equally concerned with that which they may be supposed to have in the passing this Clause.

"In their Judicial Capacity, it can never be thought convenient for those to whom they are to administer Justice, that the Lords when they are to receive it are to lie under greater Hardships and Disadvantages than others, in Cases where their Lives are to be defended.

"And as they have a Part in the Legislature, it seemeth yet to be less reasonable that they should in the Method of their Trials be so distinguished, as to be more exposed than the meanest Subject in the Kingdom.

"The Lords conceive that nothing is more conducing to preserve the whole Constitution, than a mutual Care of one another in all the Parts of it: It is that more especially which must cherish and promote the good Correspondence between the Two Houses, which is so indispensably necessary for the maintaining the Safety, Honour, and Greatness of the Nation. Of this they are so fully persuaded, that they will never fail to support and improve to the utmost of their Power the true Interests of the House of Commons; and therefore cannot doubt but that the House of Commons will be as ready to comply with the Lords, in this or any other Instances, where they shall be so well founded as they take themselves to be in the Matter now in Question."

Which, being read, were agreed to.

Message to H C. for a Conference on this Subject.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Child:

To desire a Conference, in the Painted Chamber, at One of the Clock this Afternoon, upon the Subjectmatter of the last Conference, upon the Bill, intituled, "An Act for regulating Trials in Cases of Treason."

Kinnersly's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Thomas Kinnersley to make Leases."

Cullum's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Sir Dudley Cullum Baronet to raise Monies, to pay his Brothers and Sisters Portions."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lucon William Child:

To carry down the said Bill, and desire their Concurrence thereunto.

Orphans Bill.

ORDERED, That the Report concerning the Orphans of the City of London shall be made To-morrow Morning.

Whitaker versus Pawlin.

Upon reading the Petition of Edward Whitaker; praying, "That Directions may be added to a former Order in his Cause, that the Chancery do see the Order of this House of the Eighteenth of November last put in Execution:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk, or his Deputy, shall inspect the Books in this Case.

Printed Votes of H. C. concerning East India Company Regulations.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the adjourned Debate concerning the Printed Votes of the House of Commons of the Eighteenth Instant, relating to the regulating of the East India Company, shall be adjourned to Thursday next, the First Business after Twelve of the Clock; and that all the Lords in and about the Town be summoned then to attend.

Halstead's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Henry Halstead to make a Lease, for the Improvement of his Prebend of Ealdstreete, in the Church of St. Paul in London."

Coney versus Terrell.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Mary Coney Widow, Executrix of George Coney, of London, Merchant, from an Order made in the High Court of Chancery, the Second Day of May, in the Second Year of Their now Majesties Reign, whereby the Petitioner's Exceptions were overruled to the Master's Report of Accompts, and ordered Four Hundred Pounds upon Four Bills of Exchange to be allowed to the then Plaintiff Samuell Terrell, as well as Three Bills of Exchange for Three Hundred Pounds, and that the Sums be applied towards Satisfaction of one Calse's Mortgage Money, and the rest to the general Accompt; as also upon the Answer of the said Samuel Terrel put in thereunto:

After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Mary Coney Widow shall be, and is hereby, dismissed this House; and that the Order and Decree made in the Court of Chancery on the Behalf of Samuell Terrell shall be, and is hereby, affirmed.

Felton's Petition concerning the Barony of Walden.

Upon reading the Petition of Elizabeth Felton, by Thomas Felton Esquire her Father, presented to the King's most Excellent Majesty; as also His Majesty's Reference thereof to this House concerning the Barony of Walden:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lords Committees for Privileges, to hear Counsel for all Persons concerned; and the Earl of Suffolke to have Notice hereof; and report to the House; which Committee is to meet on Monday next, at Four of the Clock in the Afternoon, in the House of Peers.

Answer from H. C.

The Messengers return Answer:

That the Commons will give a Conference, as is desired.

Book of Accompts.

It is ORDERED, That, after the Conference with the Commons, the House shall be put into a Committee upon the Book of Accompts.

Sir C. Holt's Petition concerning a Mortgage on Fountain's Lands.

Upon reading the Petition of Sir Charles Holt Baronet:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, referred to the Lords following, to consider what the House can do further in getting their former Judgement or Order in this Case obeyed, and whether there is any other Way to gratify the Petitioner's Request in this Case than by Bill; and to report to the House; whose Lordships, or any Five of them, are 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.

Committee to consider if he can be relieved any other Way than by Bill.

Pelham's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for securing, out of some of the Manors, Lands, Tenements, and Hereditaments, of Charles Pelham, of Brockelsby, in the County of Lincolne, Esquire, the Sum of Five Thousand Pounds with Interest, and One Thousand Pounds, unto Anne Pelham, Eldest Daughter of the said Charles."

Trials for Treason Bill.

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

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

Which being ended, the House was resumed.

Report of the Conference.

And the Duke of Bolton reported, "That the Lords had obeyed the Commands of the House, and had delivered the Reasons for insisting on the Clause (A.); and acquainted them, that the Lords had agreed with them in their other Amendment to the Lords Amendments."

Soldiers committed for aslaulting of L. Longuevile at the Play-house, released.

Upon reading the humble Petition of Serjeant John Hutchinson, and John Wilson Centinel; shewing, "That they stand committed to The Gatehouse Prison, for their Offence against some Peers of this Honourable House, on Tuesday the Fifteenth Instant, at the Play-house; and, humbly submitting, crave the Pardon of this House for their said Offence, and begging to be released:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Hutchinson and John Wilson shall be, and are hereby, set at Liberty, and discharged from the Imprisonment they now lie under by Order of this House; and this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them, and to the Keeper of The Gatehouse Prison at Westm'r, his Deputies and Turnkeys, and every of them.

Cunningham versus Sir R. Creighton, alias Murray.

Upon reading the humble Petition and Appeal of Henry Cunningham Esquire, Son and Heir of Sir Albert Cunningham Knight, lately deceased, on the Behalf of himself and others, complaining of a Decree made in the High Court of Chancery in Ireland, on or about the Eighteenth Day of June, One Thousand Six Hundred Eighty-six, in Favour of Sir Robert Creighton, alias Murrey, against the said Petitioner's Father and others Defendants in that Cause, whereby the Conveyances of a Real Estate in Ireland, made by James late Earl of Annundale, on or about the Ninth and Tenth Days of March, One Thousand Six Hundred Fiftythree, under which they claimed, were set aside as forged, and of a Confirmation of the said Decree, on the Hearing of a Bill of Review in or about the Seventh of November, One Thousand Six Hundred Eighty-seven; and complaining, that the Possession of the Premises hath been, or is endeavoured to be, altered, pursuant to the Directions of the said Decree; and praying, "That the said Decree and Confirmation thereof may be reversed and set aside, and all Proceedings stayed in the said Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Robert Creighton, alias Murrey, may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in his Answer thereunto in Writing, on or before Friday the Twelfth Day of February next, at Ten of the Clock in the Forenoon; and that leaving a Copy of this Order with John Warburton Esquire, Sir Robert Creighton's Clerk in Court of Chancery in the said Cause in Ireland, shall be deemed a good Service thereof, on the said Sir Robert Creighton; and that all Proceedings for altering the Petitioner's Possession be stayed in Ireland, until the Determination of this Cause in this House.

Message to H. C. to remind them of the Chancery Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Child:

To put them in Mind of the Bill, intituled, "An Act for the better determining of Causes upon Bills of Review in Chancery, and other Courts of Equity."

Public Accompts.

The House was adjourned during Pleasure, and put into a Committee, upon the Book of Public Accompts, and Observations thereon.

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

And the Earl of Fauconberge reported, "That the Committee desire a Day may be appointed for a particular Report of the Queries upon the several Heads in the Observations upon the Book of Accompts."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this Report shall be made To-morrow, next after the Committee upon the Bill against adhering to Their Majesties Enemies.

Farrar's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling John Farrar Esquire to pay his Debts, and raise a Portion for his Daughter."

The Question was put, "Whether this Bill shall be rejected?"

It was Resolved in the Negative.

ORDERED, That this Bill shall not be read again until after Twelve of the Clock.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 30^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.