House of Lords Journal Volume 15: 30 December 1691

DIE Mercurii, 30 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Supply Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for 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 committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

The House was resumed.

Amendments to it.

And the Lord Godolphin reported, "That the Committee had gone through the Bill, with some few Amendments."

Which were read Twice, and agreed to, as followeth:

"Press 44th. 1. 37th. After ["Earl"], leave out ["of"].

"Press 115th. For ["the"], read ["such"]; and after ["Person"], add ["or Persons"]; and for ["Peers"], read ["Peeress"].

"Press 140th. 1. 29th. After ["the"], add ["Lords and"]."

ORDERED, That the said Bill shall be read a Third Time To-morrow, at Nine of the Clock in the Forenoon.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Walter Clarges:

Who brought up a Bill, intituled, "An Act for the making a further Provision for finishing the Parish Church of St. Anne within the Liberties of Westminster, and other Buildings directed to be erected and done pursuant to a former Act of Parliament;" to which they desire their Lordships Concurrence.

Phillips versus Phillips.

Upon reading the Petition of Elizabeth Phillips Spinster, Appellant, to which Dame Marina Phillips is Respondent; praying, "That Robert Naper Gentleman may enter into Recognizance for her:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Napper may enter into Recognizance for the Petitioner, as desired.

Sir Charles Holt to be relieved by Bill.

The Earl of Rochester reported from the Lords Committees appointed to consider of the Petition of Sir Charles Holt Baronet, "That the Committee have heard the Judges in this Case; who were of Opinion, that Sir Charles Holt can have no Relief but by an Act of Parliament; and that the Committee had ordered him to report, that they were of the same Opinion with the Judges:"

Sir C. Holt's Bill to divest Fountain of Lands for Payment of a Mortgage.

To which the House agreed; and ORDERED, That the Bill, intituled, "An Act for divesting the Manor or Lordship of Bushwood and Lapworth, and several other Lands, Tenements, and Hereditaments, in the County of Warwicke, out of Andrew Fountaine Esquire, and vesting the same in Trustees, for raising and paying a Debt due upon a Mortgage thereof, taken in the Name of the said Andrew Fountaine," shall be read the Second Time on Saturday next, at Ten of the Clock in the Forenoon.

Whitaker versus Pawlin.

Upon Consideration of the Petition of Edward Whitaker, and what he desires in it, concerning the Order made by this House of the Eighteenth of November last, and some Instances brought by the Clerk, wherein the Chancery have had Orders directed to them:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendant William Pawlin and others may have a Copy of this Petition; and shall be heard thereunto, by their Counsel, on Tuesday next, at Ten of the Clock in the Forenoon; as also Counsel for the Petitioner at the same Time.

Against adhering to Their Majesties Enemies, Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act against adhering to Their Majesties Enemies."

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

And the Lord Viscount Newport reported, "That the Committee had agreed upon Two Heads, upon which the Judges are to draw Two Clauses, to be Part of the Bill, as followeth:

"A Clause of the particular Species of those Goods that it is now High Treason to carry into France.

"Another Clause, to make it a Præmunire to carry away any other Goods into France, which it is not now High Treason to carry.

"And that the Committee desired another Day may be appointed, for the House to be put into a Committee again upon this Bill."

To which the House agreed; and ORDERED, That the Judges do draw Two Clauses upon the said Heads against To-morrow Morning; and that the House shall be put into a Committee, to proceed upon the said Bill, immediately after the Third Reading of the Money Bill To-morrow Morning.

Public Accompts.

The Earl of Fauconberge reported from the Committee of the whole House, the several Queries agreed on by the Committee to be sent to the Commissioners appointed by a late Act of Parliament for taking the Public Accompts of the Kingdom, upon their Observations upon the Book of Accompts.

Which were agreed to, as followeth:

Questions to the Commissioners for taking Public Accompts.

"Head 5th. Concerning Persons who have Salaries, and the King hath paid for passing their Patents and Accompts:

"Whose Patents and Accompts they are that the King was at the Charge of, and the Names of those Persons that claimed it, and that allowed the Accompt.

"Head 6th. Concerning those that have great Salaries, and have got them increased:

"To explain, and give Instances, to whom, and how much.

"Head 7th. Concerning Salaries continued, though the Reasons cease:

"To send a List of the Names and Salaries, and what Employment they were or are in.

"Head 8th. Concerning several Sums of Money borrowed of the Receivers of the Public Revenue, and Interest for the same:

"Q. Who they were that had those Sums, and what the said Sums amount to.

"Head 9th. Concerning Monies having been paid to Parliament Men, out of Secret Service Money:

"Q. What the Payments to Parliament Men, whose Names are not mentioned, amount to upon thi Head.

"Head 10th. Concerning great Sums to divers Persons which have been pardoned, and small Fee Farm Rents excepted from Pardon:

"Q. To have a Particular of what the Sums pardoned were, and by whom they should have been paid.

"Head 11th. Concerning excessive Fees not to be challenged by Law:

"An Account of what Fees, and by whom such Fees have been received, for which there is no legal Precedent to justify the same.

"Head 12th. Concerning great Quantities of Plate kept out of the Jewel-house:

"To have a List of that Plate sent in, and the Names of the Persons that retain it.

"Head 15th. Concerning the Royal Oak Lottery, with Non-obstantes to several Acts:

"Whether this Patent be passed with Non-obstantes as the other in King James' Reign, and what essential Difference there is between them.

"Head 16th. Concerning Persons discharged of their Offices, and yet their Pensions continued:

"A List of such Persons Names.

"Head 19th. Concerning Accompts that have been passed by Privy Seal only:

"To mention the particular Cases where Accompts have been discharged by Privy Seals only.

"Head 20th. Concerning the Duplicates of particular Accompts:

"What Accompts, and by whom such Accompts have been brought in.

"Head 21°. Concerning Commissioners and Receivers General:

"A List of the Names of such Persons.

"Head 23d. Concerning Susan Willis procuring a Captain's Place:

"To send the Captain's Name.

"Head 24th. Concerning Establishments of the Army; and that nothing used to be offered for the Royal Signature, but under the Hands of certain Persons therein named, and its beginning in the Lord Treasurer Clifford's Time:

"Who the Officers were that gave the Directions to the Muster-master, and who those Commissaries of the Musters were; and what it appears to them the King paid by such Rolls more than if He had paid Effective Men.

"Head 26th. Concerning Agency to Regiments:

"The Names of the Agents that have given Money for their Places, and what Regiments they belong to, and to whom they gave it; and who those Agents are that keep Money in their Hands.

"Head 27th. Concerning buying of Cloaths:

"To give Instances where the Rates of Cloathing were excessive.

"Head 29th. Concerning Irish Musters:

"To send the Names of the Muster-masters.

"Head 31st. Concerning miscasting Accompts, and particularly Mr. Fox:

"In what Particular this Miscasting was."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners, appointed by a late Act of Parliament for taking the Public Accompts of the Kingdom, are hereby desired to send to this House, in Writing, particular Answers to the Queries upon the abovesaid Heads, in their Observations upon their Accompts sent to this House, on Saturday next, at Eleven of the Clock in the Forenoon.

Coker versus Stickland.

Upon reading the Petition of Robert Coker Esquire, Respondent to the Petition of John Stickland and others; praying, "That a further Day may be appointed for hearing the Cause depending in this House between them, for that the Cause hath been depending in this House above Ten Years:"

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 Monday the First Day of February next, at Ten of the Clock in the Forenoon.

Hungerford versus Pollard.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Jane Hungerford and others are Plaintiffs, and Thomas Pollard Defendant, on Saturday the Sixteenth Day of January next, at Ten of the Clock in the Forenoon.

Shore versus Billingsley.

The House being moved, "That Lewis Billingsley, now in Holland, may have a Week's Time longer for answering to the Petition of the Lady Shore:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That he hath hereby Time given him for answering thereunto, until Wednesday the Sixth Day of January next, at Ten of the Clock in the Forenoon.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 31^um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.