House of Lords Journal Volume 14: 17 December 1691

DIE Jovis, 17 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Suffolk's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Trustees of James late Earl of Suffolke to sell the Manor of Hadstock in Essex, for Discharge of several other Manors and Lands of the late Earl from Five Thousand Pounds, Remainder of Ten Thousand Pounds by him formerly charged thereon."

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.

Shelton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Sale of several Lands, for Payment of the Debts and Legacies of Maurice Shelton and others, and for settling other Lands instead of them."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill, intituled, "An Act to enable the Trustees of James late Earl of Suffolke to sell the Manor of Hadstock in Essex, for Discharge of several other Manors and Lands of the late Earl from Five Thousand Pounds, Remainder of Ten Thousand Pounds by him formerly charged thereon."

Message from H. C. for a Conference on the Trials for Treason Bill.

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

To desire a Conference, to the Lords Amendments to the Bill, intituled, "An Act for regulating of Trials in Cases of Treason."

To which the House agreed; and the Commons were called in, and told, "That the House agrees to a Conference; and appoints the same to be presently, in the Painted Chamber."

The Lords following were named Reporters of the Conference:

Chancery, &c. Bills of Review, Bill.

The Act for the better reviewing of Causes in Chancery and other Courts of Equity was received from the Commons, and signed.

Curtis's Bill.

The Lord Colepeper reported the Bill, intituled, "An Act for the more speedy Payment of the Debts of Elizabeth Curtis Widow, late deceased, and Performance of an Agreement touching the same, made between Charles Curtis in his Life-time and Edward Earle, according to a Decree in the High Court of Chancery," with One Amendment.

Which was read Twice, and agreed to; and the Bill ordered to be engrossed, with the Amendment.

Drax's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Estate late of Henry Drax Esquire deceased, in Thomas Shatterden Gentleman; and to enable the said Thomas Shatterden and others, to whom the said Estate is devised, to make a Jointure."

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

It was Resolved in the Affirmative.

Message to H. C. with it; and with Sir M. Beckman's Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir James Astrey:

To carry down the said Bill, and desire their Concurrence thereunto; and to acquaint them, that the Lords have agreed to their Amendments to the Bill, intituled, "An Act for naturalizing Sir Martin Beckman and others," and return the Chancery Bill now signed.

Report of the Conference on the Trials for Treason, Bill.

The Commons being come to the Conference, the Reporters Names were read, and the House adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Duke of Norfolke reported, "That they had attended the Conference; and the Commons had agreed to all their Amendments, except some which were read; and they disagree to the Clause marked (A), and give Reasons, as follow:

"Reason for the First Amendment.

"The Course of Impeachments in Parliament being an Institution necessary for preserving the Government, the Commons cannot consent to admit any Thing relating thereunto in general Words, because they may be liable to divers Constructions, and the Proceedings in such Cases thereby rendered ineffectual.

"Reason for the Second Amendment.

"The Clause marked (A), added by the Lords, is of a different Nature from the Intent and Purport of the Bill, which is designed to extend no further than to allow the Subjects a more equal Way of making their Defence in Trials of Treason and Misprision of Treason; but not to alter the Court, or the Method of constituting it."

Then the Amendments by the Commons in the First Part read, and agreed, to the Clause (A), to which they disagreed:

Committee to prepare Reasons for insisting on Lords Amendments.

The House insisted on their Clause (A); and named the Lords following, to draw Reasons for their insisting thereupon:

Gay versus Beaple.

Upon reading the Petition of Martha Gay Widow; shewing, "That, upon hearing Counsel the Ninth of December Instant for her, as also Counsel for Thomas Beaple, it was ordered, that both the Appellants and Respondents should forthwith give good Security in the Court of Chancery, to abide such Order and Decree as should be made by the said Court, and that the Court of Chancery should order the same to be done accordingly; and that the Petitioner having applied to the Court of Chancery on the said Order, the Court refused to order any Security to be given, alledging, that they knew not in what Sum to order the same to be taken, as in the Petition amongst other Things is set forth:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Martha Gay and Thomas Beaple do each of them enter into good Security, in the Court of Chancery, of Two Thousand Pounds; and that the Chancery do direct the same to be done accordingly.

Ld. Longueville's Complaint against the Guard at the Playhouse.

The House being informed, "That the Serjeant and Soldier were at the Door, who affronted the Lord Viscount Longueville at the Playhouse," they were called in, and examined.

And the Witnesses for the Lord Viscount Longueville were heard also.

After which, Sir Charles Hero was called in; and he read his Orders from the King, for guarding the Playhouse.

And, after they were withdrawn, and Debate thereupon, the following Orders were made:

Hutchinson & al. committed to The Gatehouse.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Hutchinson Serjeant and John Wilson a Soldier do stand committed to the Prison of The Gatehouse in Westminster, during the Pleasure of this House, for having abused and affronted the Lord Viscount Longueville, a Peer of this Realm, at the Playhouse; and this shall be a sufficient Warrant on that Behalf.

"To the Keeper of the Prison of The Gatehouse in Westm. his Deputy and Deputies, and every of them."

Address for no Guard to be at the Playhouse.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That his Grace the Duke of Norfolke and the Lords with White Staves do attend His Majesty, humbly to desire His Majesty, from this House, that He will be pleased to give Order that for the future no Soldiers shall be permitted to guard the Playhouses."

Excise Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to Their Majesties certain Impositions upon Beer, Ale, and other Liquors, for One Year."

ORDERED, That the Consideration of the said Bill shall be committed to a Committee of the whole House To-morrow, at Ten of the Clock in the Forenoon.

Wallwin versus E. of Monmouth.

Upon reading the Petition of Mary Wallwin Widow, Relict of John Wallwin, late of Hellens, in the County of Hereford Esquire, deceased, complaining of some Proceedings of the Earl of Monmouth:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Monmouth may have a Copy of the said Petition, and do answer thereunto on Monday next, at Ten of the Clock in the Forenoon.

Barton versus Woodman.

The House being this Day moved, "That a Day may be appointed for hearing the Cause, wherein Amy Barton Widow and others are Plaintiffs, and Joshua Woodman 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 Thursday the Seventh Day of January next, at Ten of the Clock in the Forenoon.

Against adhering to Their Majesties Enemies Bill.

ORDERED, That the Bill, intituled, "An Act of adhering to Their Majesties Enemies," which was this Day to be considered in a Committee of the whole House, shall be considered on Saturday next, at Ten of the Clock in the Forenoon, in a Committee of the whole House.

Causes put off.

Whereas To-morrow is appointed for hearing the Causes; one, wherein Thomas Bromhall is Plaintiff, and William Manlove Defendant; the other, wherein Mary Hibbert is Plaintiff, and Nathan Leech Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes on Monday 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 Veneris, (videlicet,) 18^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.