Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 20 die Decembris.
Whereas Edward Prise and Symon Prise now stand committed to the Gentleman Usher of the Black Rod, for a Breach of Privilege committed against the Earl of Suffolke, a Peer of this Realm; the House being this Day informed, "That they have submitted to the said Earl; and that there is an Agreement made in the Business for which they stand committed:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Prise and Symon Prise shall be, and are hereby, discharged, paying their Fees due to the Officers of this House; and this shall be a sufficient Warrant on that Behalf.
The Earl of Rochester reported from the Committee, the Bill, intituled, "An Act to enable Thomas Sheafe to sell Lands, for Payment of Debts, and making Provision for his Wife, according to an Agreement for that Purpose," as fit to pass, without any Amendment.
Wines and Tobacco Duty on, Bill.
Message to H. C. that the Lords agree to these Bills.
E. of Aylesbury's Bill.
The Marquis of Hallifax reported from the Committee, the Bill, intituled, "An Act to enable Thomas Earl of Aylesbury and Elizabeth Countess of Aylesbury his Wife to make Provision for Payment of Debts, and make Leases of their Estates," with several Amendments.
Messages from H. C. with a Bill; and to return Aske's.
To return the Bill, intituled, "An Act for settling a Charity given by Robert Aske Esquire to the Company of Haberdashers of London;" and to let their Lordships know, that they have agreed to the Amendments.
His Majesty, being arrayed in His Royal Robes and Regal Crown, ascended His Throne, all the Peers being in their Robes: The Gentleman Usher of the Black Rod was commanded to signify His Majesty's Pleasure to the Commons, "That they presently attend His Majesty."
Speaker of H. C. Speech.
"Our Deliberations and Resolutions have produced Two other Bills of Aid, towards the Supplies for supporting Your Majesties, in carrying on the War against France, and the reducing of Ireland with Speed and Vigour.
"The one, a Bill, intituled, "An Act for granting to Their Majesties certain Impositions upon all East India Goods and Manufactures, and upon all Wrought Silks, and several other Goods and Merchandizes, to be imported after the 25th Day of March, 1690."
"The other, a Bill, intituled, "An Act for the Continuance of several former Acts therein mentioned, for the laying several Duties upon Wines, Vinegar, and Tobacco, which we, Your dutiful and loyal Commons, with the same Zeal and Affection to Your Majesty and Your Government, do humly present to Your Majesty, and beseech Your Majesty graciously to accept of."
"1. An Act for granting to Their Majesties certain Impositions upon all East India Goods and Manufactures, and upon all Wrought Silks, and several other Goods and Merchandizes, to be imported after the Twenty-fifth Day of December, One Thousand Six Hundred and Ninety."
"5. An Act for paving and cleansing the Streets in the Cities of London and Westm. and Suburbs and Liberties thereof, and Out Parishes in the County of Midd'x, and in the Borough of Southwarks, and other Places within the Weekly Bills of Mortality in the County of Surrey, and for regulating the Markets therein mentioned."
"15. An Act for the better enabling Jane Bray Widow, Relict and sole Executrix of the last Will of Reginald Bray Esquire, deceased, and others, to the speedier raising of the Portions already appointed for her Daughters by the said Reginald Bray."
"I must repeat to you, upon this Occasion, how sensible I am of your good Affections to Me, and of your sincere Endeavours to promote the true Interest of your Country, in continuing to provide further Supplies towards defraying the Charges of the War. And as I am very secure that you will not fail on your Part to do all that shall be necessary in order to that End; so I assure you I shall not be wanting on Mine, to see that there be a diligent and a strict Application of the Supplies you give Me to these Uses only for which you intend them.
"I have lately told you, that the Posture of Affairs Abroad would not admit of deferring My Journey to The Hague much beyond this Time; and I put you in Mind of it again now, in Hopes that Consideration will prevail with you to use all possible Dispatch in what still remains to be done, for the more vigorous Prosecution of the War.
"I must not conclude, without mentioning to you, Gentlemen of the House of Commons, That if some Annual Provision could be made for the augmenting of the Navy, and building of some new Ships of War, it would be a very necessary Care at this Time, both for the Honour and Safety of the Nation."
Sedgewick versus Hitchcock & al.
Upon hearing Counsel this Day, at the Bar, upon the Petition of Obadia Sedgewick, being an Appeal from a Decree made in the Court of Chancery; and shewing, "That, about Two Years since, George Hitchcocke and others exhibited their Bill into the Court of Chancery, against the Petitioner and others, setting forth, that they were Creditors of Richard Slancy and Tho. Cudmore, who were Bankrupts; and that, a Commission of Bankruptcy being sued out against them in February 1684, the Petitioner, and some other of the Creditors, in August 1685, had procured a Distribution to be made to them of the Estate of the said Slaney, and thereby suggested that a Mortgage made to the Petitioner of the Manor of Lulsey, the Estate of the said Slaney, for securing the Sum of Two Thousand Pounds Principal Money, was fraudulent: That the Petitioner likewise exhibited his Cross Bill against the said Hitchcocke and others; setting forth, that he really and bona Fide lent the said Slaney Two Thousand Two Hundred Pounds, without any Notice of his Bankruptcy; and, for the securing the Re-payment thereof, he took a Mortgage of Five Hundred Years of the said Slaney's Estate, which had been made to Minshall for Eight Hundred Pounds Principal Money, was transferred over to one Horris, in Trust for the Petitioner; and that the Distribution before-mentioned had been fairly and regularly made, according to the Statutes; and a Sale made of the said Estate, for Three Thousand Pounds, was distributed amongst the Creditors that had then come in, and sought Relief: That, the Lord Jeffryes set aside the said Distribution: That, upon the 23d Day of July last, both Causes coming to be heard before the now Lords Commissioners of the Great Seal, when it was decreed, that the Petitioner should be paid the Principal and Interest Money only due on Minshall's Mortgage; and that thereupon he should deliver up his Mortgage Deed, and all other Writings relating to the Estate in Question; and that the Residue of the Money raised by Sale of the Estate should be distributed amongst the rest of the Creditors, and the Petitioner to have no Share thereof, but to lose the Residue of his Two Thousand Two Hundred Pounds; and praying to be relieved therein, according to Justice;" as also upon hearing Counsel upon the Answers of George Hitchcocke Esquire and Eliz. his Wife, Anne Fountane her Sister and Widow of James Fountane, Executors to John Slaney deceased, William Bird, Robert and Charles Mitchell, Richard Manlove and Mary his Wife, Robert Harvey, and Thomas Yates, and Elizabeth Parr, put in thereunto:
After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, made by the Lords Commissioners of the Great Seal the 23d Day of July last, complained of in the Petition of the said Obadia Sedgewicke, shall be, and is hereby, reversed; and that the Estate shall be sold: And, to the Intent that out of the Purchase Money, Rents in the Court of Chancery, and Arrears of Rent, the Petitioner Obadia Sedgewick shall be satisfied and paid all his Principal Debt of Two Thousand Two Hundred Pounds, with Interest, Costs, and Charges, as Mortgagees are usually allowed, and that the Overplus of the Money raised by such Sale, and Money in Court, and Arrears of Rent, after the said Obadia Sedgwick paid, shall be distributed amongst the other Creditors of Richard Slaney; which the Court of Chancery is to direct to be done and executed accordingly.
Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 22um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.