House of Lords Journal Volume 16: 27 April 1699

DIE Jovis, 27 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Outlawries in Civil Causes, for discharging Seizures upon, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more easy discharging of Seizures in the Exchequer, upon Outlawries in Civil Causes."

Seymour and Conway's Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act to enable Popham Conway, Francis Seymour, and Charles Seymour, Esquires, and their Issue Male, severally and successively, to make Leases of their Estates," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Popham Conway, Francis Seymour, and Charles Seymour, Esquires, and their Issue Male, severally and successively, to make Leases of their Estates."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Protestant Heirs, to prevent Papists from disinheriting, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent Settlements made by Papists from disinheriting their Protestant Heirs."

ORDERED, That the said Bill be read the Second Time on Saturday next.

Soldiers to exercise Trades, Bills.

Hodie 1^a & 2^a vice lecta est Billa, intituled, "An Act to enable such Officers and Soldiers as have been in His Majesty's Service during the late War, to exercise Trades, and for Officers to account with their Soldiers."

ORDERED, That the said Bill be committed to a Committee of the whole House, To-morrow, at Eleven of the Clock; the First Business.

Supply Bills.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of One Million Four Hundred Eighty-four Thousand and Fifteen Pounds, One Shilling, Eleven Pence Three Farthings, for disbanding the Army, providing for the Navy, and for other necessary Occasions."

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

It was Resolved in the Affirmative.

Protest against a Clause in it, appointing Commissioners for forfelted Estates in Ireland.

"Dissentientibus:

"Because of the Clause at the latter End of the Bill, which constitutes Commissioners for inquiring into, and taking an Account of, all such Estates, Real and Personal, within the Kingdom of Ireland, as have been forfeited for High Treason, by any Persons whatsoever, during the late Rebellion within that Kingdom; which, we conceive, was a Matter foreign to this Bill, and more proper for a Bill by itself; and that the tacking of a Clause of that Nature is contrary to the ancient Method of Proceedings in Parliament; and on that Account, as we apprehend, may be of very ill Consequence to the Freedom of Debate in either House, and highly prejudicial to the Privileges of the Peers, and the Prerogative of the Crown.

Suffolke.
Anglesey.
Rochester.
Warrington.
Raby.
Jeffreys.
Cholmondeley.
Jo. Oxon.
Haversham.

ORDERED, That the Commons have Notice, the Lords have agreed to the said last-mentioned Bill, without any Amendment.

Posthumous Children to inherit, Bill.

The Earl of Rochester reported from the Lords Committees, the Bill, intituled, "An Act to enable posthumous Children to inherit their Fathers Estate," as fit to pass, with One Amendment in the Title.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable posthumous Children to inherit their Fathers Estate."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons, by Sir John Hoskyns and Sir Robert Legard:

To return the said Bill, and desire their Concurrence to their Lordships Amendment.

Militia Bill.

Then the House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising the Militia for the Year One Thousand Six Hundred Ninety-nine, although the Month's Pay formerly advanced be not re-paid."

After some Time, the House was resumed.

And the Earl of Bridgewater reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising the Militia for the Year One Thousand Six Hundred Ninety-one, although the Month's Pay formerly advanced be-not repaid."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Seamens Petition, Commissioners of Admiralty to acquaint the House what they have done upon the Matters complained of.

Upon reading the several Petitions following; (videlicet,)

1. The Petition of John Bayley, George Trout, Roger Whitred, in Behalf of themselves and the rest of the Ship's Company belonging to His Majesty's Ship Monke:

2. The humble Petition of William Davis, James Wigden, John Suetor, George Curtis, Susan Latry, Mary Micany, Martha Evans, on Behalf of themselves and several Thousands of other Seamen, and their Widows and Fatherless Children, who are all in a deplorable Condition:

3. The humble Petition of Daniel Collins, Owen Davis, Robert Richards, on Behalf of themselves and about Four Hundred more, with the Wives of the Absent, and the Widows of such as were killed, and died, that did belong to His Majesty's Ships The Dunkirke and The Winchester:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners of the Admiralty do lay before this House, on Saturday next, at Eleven of the Clock in the Forenoon, an Account of what they have done upon the Matters complained of in the said Petitions.

Conference on Billingsgate Market Bill.

The Commons being come to the Conference, the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Earl of Bradford reported, "That they had delivered the Reasons and the Bill to the Commons."

Dighton versus Greenville, in Error.

Upon Report of what was offered by Counsel, the One and Twentieth of March last, to argue the Errors assigned upon a Writ of Error brought into this House, the Sixth Day of March last, from His Majesty's Court of King's Bench, wherein Judgement is entered for Bernard Greenville Esquire, and afterwards affirmed in the Exchequer Chamber, against Christopher Dighton; and after hearing the Judges, and due Consideration of this Case:

Judgement affirmed.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in His Majesty's Court of King's Bench for the said Bernard Greenville, and the Affirmation thereof in the Exchequer Chamber, shall be, and are hereby, affirmed; and that the Record be remitted.

The Tenor of which Judgement, to be affixed to the Record to be remitted, followeth; (videlicet,)

"Sed quia Cur. Parliamenti nunc hic de Judicio suo de & super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus prædict. coram Domino Rege, in Curia Parliamenti sui præd. apud Westm. in Com. Mid'l'x assemblat. usque Vicesimum Septimum Diem instantis April. ex tunc prox. sequen. de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. hic inde nondum, &c.; ad quem Diem, coram Domino Rege in eadem Cur. Parliamenti ven. Partes prædict. per Attornat. suos prædict.; super quo, vis. & per Cur. dict. Domini Regis Parliamenti sui præd. diligenter examinat. & inspect. tam Record. & Process. præd. ac Judic. super eisdem reddit. quam præd. Causis & Mater. per præd. Chr'um Dighton superius pro Error. assign. pro eo quod videtur Cur. Parliamenti præd. nunc hic, quod nec in Record. & Process. Præd. nec in Redditione Judicii præd. nec in Affirmation. ejusdem in ullo est Errat. ac quod Record. ill. in nullo vitiosum aut defectivum in Lege existit; considerat. est, quod tam Judicium præd. quam Affirmatio ejusdem, in omnibus affirmentur, ac in omni suo Robore stent & Effectu; dictis Causis & Materiis superius pro Erroribus assign. in aliquo non obstant. Et superinde Record. præd. necnon Process. præd. e Curia Parliamenti præd. in Cur. Domini Regis, coram ipso Rege, ubicunque, &c. remittantur, &c."

Message from H. C. that they agree to the Billingsgate Market Bill.

A Message was brought from the House of Commons, by Sir Thomas Davall and others:

To return the Bill, intituled, "An Act for making Billingsgate a free Market for Sale of Fish;" and to acquaint this House, they do not insist upon the leaving out the Clause (A) which the Lords added to the said Bill.

Message from thence, with a Bill.

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

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

Adjourn.

Georgius Treby Miles, Capitalis Justiciarius Com. Placit. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) vicesimum octavum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.