House of Lords Journal Volume 14: 20 December 1690

DIE Sabbati, 20 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Prise discharged.

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.

To Sir Tho. Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Sheafe's Bill.

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.

Hodie 3^a vice lecta est Billa, "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."

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

It was Resolved in the Affirmative.

Wines and Tobacco Duty on, Bill.

Hodie 3^a vice lecta est Billa, "An Act for the Continuance of several former Acts therein mentioned, for the several Duties upon Wines, Vinegar, and Tobacco."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to these Bills.

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

To let them know, that this House hath passed both the said Bills, without any Amendment.

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.

Which were read Twice, and agreed to.

ORDERED, That the said Bill, with the said Amendments, be engrossed.

Messages from H. C. with a Bill; and to return Aske's.

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

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.

A Message was brought from the House of Commons, by Sir Robert Cotton and others:

Who brought up a Bill, intituled, "An Act to enable John Rosseter Esquire to sell Lands, for Payment of Debts;" to which they desire their Lordships Concurrence.

Manwaring's Bill.

Hodie 2^a vice lecta est Billa, "An Act for vesting certain Lands (the Estate of Thomas Manwaring Gentleman) in Trustees, to be sold for the Payment of Debts."

ORDERED, That the Consideration of this Bill be, and is hereby, referred to these Lords following:

Their Lordships, or any Three of them; to meet at Five of the Clock in the Afternoon, in the Prince's Lodgings; and to adjourn as they please.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

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."

Who being come, the Speaker made the short Speech ensuing:

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."

Bills passed.

Then the Clerk of the Parliaments received the Bills from the Hand of the Speaker, and brought them to the Table; where the Clerk of the Crown read the Titles; (videlicet,)

"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."

"2. An Act for the Continuance of several former Acts therein mentioned, for the laying several Duties upon Wines, Vinegar, and Tobacco."

The Clerk of the Parliaments pronounced the Royal Assent, in these Words,

"Le Roy & la Reyne, remerciant les loyall Subjects, et acceptant leur Benevolence, et ainsi le veulent."

In like Manner the Bills following were passed:

"3. An Act for punishing Officers and Soldiers who shall mutiny, or desert Their Majesties Service, and for punishing false Musters:"

"4. An Act for reviving a former Act for regulating the Measures and Prices of Coals."

"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."

To which the Royal Assent was pronounced in these Words,

"Le Roy & la Reyne le veulent."

In like Manner the Bills following were passed:

"6. An Act to give Katherine Lady Cornbury certain Powers to act, as if she were of full Age."

"7. An Act for the limiting the Power of James now Earl of Salisbury to cut off the Entail of his Estate."

"8. An Act to annul and make void a Marriage between Mary Wharton an Infant and James Campbell Esquire."

"9. An Act to free the Estate of Sir Samuell Bernadiston from several Incumbrances, occasioned by a Judgement given against him upon an Information in the Court of King's Bench."

"10. An Act for the enabling of Trustees to sell certain Lands of Richard Cooke deceased, to pay Debts, and for raising a Portion for his Daughter."

"11. An Act for the vesting several Messuages and Tenements in the City of London (late the Estate of John Baynes Gentleman, deceased,) in Trustees, to be sold, for Payment of Debts."

"12. An Act to bar a Remainder limited to Dudley Bagnall Esquire in the Estate of Nicholas Bagnell Esquire in Ireland."

"13. An Act for naturalizing of Francis De la Chambre and others."

"14. An Act for vesting divers Lands in Trustees, to be sold, for the Payment of certain Debts of St. Leger Scroope Esquire, deceased."

"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."

"16. An Act for selling the Estate of Henry Serle Esquire, deceased."

"17. An Act for securing the Portion of Elizabeth Lucy, and breeding her up a Protestant, and for transferring the Trust for that Purpose."

"18. An Act for settling a Charity given by Robert Aske Esquire to the Company of Haberdashers of London."

"19. An Act for raising Money out of the Estate of Thomas Williams Esquire, deceased, by letting Leases and otherwise, for the more speedy Payment of his Debts."

"20. An Act to enable Philip Hildeyard Esquire to sell Lands in Surrey, and to settle Lands in Lincolneshire in Lieu thereof."

"21. 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."

To which the Royal Assent was pronounced, in these Words,

"Soit fait come il est desiré."

Then His Majesty made the Speech following:

King'sSpeech.

"My Lords and Gentlemen,

"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."

Then His Majesty was pleased to withdraw.

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.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 22^um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.