Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 24 Februarii.
Domini tam Spirituales quam Temporales Præsentes fuerunt:
Message from H. C. to return the Judges Commissions and Salaries Bill.
A Message was brought from the House of Commons, by Sir Walter Young and others:
To return the Bill, intituled, "An Act for ascertaining the Commissions and Salaries of the Judges;" and to acquaint this House, that they have agreed to their Lordships Amendments.
Ly. Gerard versus L. Gerard.
Upon reading the Petition of Elizabeth Gerard, Baroness Dowager of Gerards Bromley; shewing, "That, Charles Lord Gerard of Gerards Bromley being seised of the Estate of Digby Lord Gerard, her late Husband, deceased, the hath brought an Action at Law for Recovery of Part of her Dower of the said Estate; but the said Lord Gerard, not having taken the Oaths prescribed, insists upon his Privilege as a Peer or Member of the House of Peers; and praying the Judgement of the House, whether he ought to have his Privilege allowed:"
Upon Consideration had thereof, and upon reading and considering the Answer of the said Lord Gerard put in to the said Petition; it is ORDERED and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That Privilege of Parliament shall not extend to Lords that have not first qualified themselves to sit in Parliament, by taking the Oaths and Test, pursuant to the Statutes.
Roffey versus Hunt, in Error.
Whereas, by virtue of Their Majesties Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House on the Fifth Day of February, last past, with the Transcript thereof, wherein Judgement is entered for Elizabeth Hunt, against John Roffey and John Hodge; upon which Errors were assigned and Issue joined, and this Day Counsel heard at the Bar, to argue the Errors thereupon:
It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given for the said Elizabeth Hunt, against the said John Roffey and John Hodge, shall be, and is hereby, affirmed: And it is further ORDERED, That the said John Roffey and John Hodge shall pay, or cause to be paid, unto the said Elizabeth Hunt, the Sum of Ten Pounds, for her Costs sustained in defending the said Writ of Error in this House; and that the Transcript of the said Record, wherein Judgement is entered as aforesaid, be remitted.
The Tenor of which Judgement, to be affixed to the Transcript of the said Record, as followeth:
"Postea, scilicet, Quinto Die Februarii, Anno Regni Regis et Reginæ Gul. et Mar. nunc Angl. &c. Tertio, Transcript. Record. et Process. prædict. cum omnibus ea tangen. Prætextu cujusdam Brevis Domini Regis et Dominæ Reginæ de Errore corrigend. per præfat. Joh'em Roffey et Joh'em Hodge in Præmiss. prosecut. dict. Domino Regi et Reginæ in præsenti Parliamento apud Westm. a prædicta Curia dictor. Domini Regis et Dominæ Reginæ hic transmissum suit; prædictique Joh'es Roffey et Joh'es Hodge, in eadem Curia Parliamenti comparentes, diversas Materias pro Error. in Record. et Process. prædict. pro Revocatione et Adnullatione Judicii præd. habend. assing.; ad qu. præd. Elizabeth Hunt, in eadem Curia Parliamenti comparens, placitavit, quod nec in Record. et Process. prædict. nec in Redditione Judicii prædict. nec in prædict. Affirmatione Judicii prædict. in ullo est Errat. Et postea, scilicet, Vicesimo Quarto Die Januarii, Anno Tertio supradict. visis et per Curiam Parliamenti prædict. diligenter examinat. et plenius intellect. tam Record. et Process. præd. quam Judic. superinde reddit. ac præd. Caus. et Mater. per prædict. Joh'em Roffey et Joh'em Hodge superius pro Errore assign. considerat. est per Curiam Parliamenti præd. quod Judic. prædict. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dictis Causis et Mater. superius pro Errore assign. in aliquo non obstan. Et ulterius per eandem Cur. Parliamenti præd. considerat. est, quod præd. Elizabeth Hunt recuperet versus præsat. Joh'em Roffey et Joh'em Hodge Decem Libr. eidem Elizabeth Hunt ad Requisitionem suam pro Misis et Custag. su. quæ sustinuit occasione Dilationis Judicii præd. Prætextu (fn. 1) Prosecutionis prædict. Brevis de Errore secundum Form. Statut. adjudicat. Ac superinde Record. et Process. prædict. Cur. dictor. Domini Regis et Dominæ Reginæ per Cur. Parliamenti prædict. coram ipsis Rege et Regina ubicunque, &c. remitt. et in eadem Cur. dictor. Domini Regis et Dominæ Reginæ coram ipsis Rege et Regina jam residen. &c."
The House was adjourned during Pleasure, and the Speaker withdrew.
The House was resumed.
Marq. Halifax Speaker pro Tempore.
And the Lord Marquis of Halifax was chose Speaker pro Tempore.
Tooke versus L. Chief Baron Atkins.
Then the House went on with the Consideration and Debate of the Cause of Thomas Took Appellant, and the Lord Chief Baron Atkins Respondent.
Whereupon the Order following was made:
"After hearing Counsel upon the Petition and Appeal of Thomas Tooke Esquire, against Sir Robert Atkins Knight of the Bath, and Lord Chief Baron of Their Majesties Court of Exchequer, against a Decree made in the said Court the Second Day of July last, as also upon the Answer of the said Lord Chief Baron put in thereunto: After due Consideration had of what was offered by Counsel upon the said Petition and Answer, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That this Cause shall be, and is hereby, referred to Their Majesties Court of Exchequer, to be re-heard, upon all the Proofs and Proceedings therein had, as well in the Court of Chancery as in the Court of Exchequer."
The House was adjourned during Pleasure, by the Lord Marquis of Halifax, to robe.
The House was resumed.
His Majesty, being arrayed in His Royal Robes and Regal Crown, ascended His Throne, all the Peers being in their Robes: The 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, with their Speaker; he made a short Speech, relating to the Poll Bill.
Then the Clerk of the Parliaments received the following Bill from the Hand of the Speaker, and brought it to the Table; where the Clerk of the Crown read the Title; videlicet,
"1. An Act for raising Money by a Poll payable Quarterly, for One Year, for the carrying on a vigorous War against France."
The Clerk of the Parliaments pronounced the Royal Assent in these Words,
"Le Roy et (fn. 2)la Reyne, remerciant les bon Subjects, acceptant leur Benevolence, et ainsile veulent."
In like Manner these following Bills were passed:
"2. An Act for raising the Militia of this Kingdom for the Year One Thousand Six Hundred Ninety and Two, although the Month's Pay formerly advanced be not re-paid."
"3. An Act for taking away Clergy from some Offenders, and to bring others to Punishment."
"4. An Act against corresponding with Their Majesties Enemies."
"5. An Act for the better Explanation and supplying the Defects of the former Laws for the Settlement of the Poor."
"6. An Act for the better repairing and amending the Highways, and for settling the Rates of Carriage of Goods."
"7. An Act for the better ordering and collecting the Duty upon low Wines and strong Waters, and preventing the Abuses therein."
"8. An Act for the Encouragement of the Breeding and Feeding of Cattle."
"9. An Act for the more effectual Discovery and Punishment of Deer-stealers."
"10. An Act for Relief of Creditors, against fraudulent Devises."
To which Bills the Royal Assent was pronounced in these Words,
"Le Roy et (fn. 3)la Reyne le veulent."
Judges Bill rejected.
"11. An Act for ascertaining the Commissions and Salaries of the Judges."
To this Bill the Answer was,
"Le Roy et (fn. 3)la Reyne se aviseront."
"12. An Act for vesting certain Pieces or Parcels of Ground, in the Parishes of St. James and St. Martin's in the Feilds, late the Estate of Henry Duke of Graston, deceased, in Trustees, to be sold."
"13. An Act for the better securing the Portions, Debts, and Legacies, given and owing by James late Earl of Salisbury."
"14. An Act to enable the Trustees of James late Earl of Suffolke to sell the Manor of Hadstock in Essex, for discharging several other Manors and Lands of the said late Earl from Five Thousand Pounds, Remainder of Ten Thousand Pounds by him formerly charged thereon."
"15. An Act for the enabling Phillip Lord Stanhope, Son and Heir Apparent of the Right Honourable Phillip Earl of Chesterfeild, together with the said Earl, to make a Jointure and Settlement, upon the Marriage of the said Phillip Lord Stanhope."
"16. An Act for the enabling the Right Honourable Charles Earl of Winchelsea to settle a Jointure upon any Wife he shall marry during his Minority."
"17. An Act for the vesting several Manors, Lands, and Rents, in the Counties of Lincolne, Berks, and Devon, in Trustees, to be sold, for the buying other Manors and Lands, to be settled for the same or the like Uses as those to be sold are now settled."
"18. An Act for the enfranchising several Copyhold Lands and Tenements, holden of the Manors of Albury and North Mims, in the County of Hertford."
"19. An Act to enable Trustees of the Right Honourable James Lord Waldegrave to make Leases, and grant Copyhold Estates, for the Payment of the Arrears of Annuities of Henry Lord Waldegrave his Father, deceased."
"20. An Act for naturalizing of Mainhardt Duke of Leinster, and others."
"21. An Act for naturalizing of Armand Nompar de Caumaunt, commonly called Marquis of Monpovillan, and others."
"22. An Act to enable the Bishop of London, and Trustees, to sell the Manor of Bushley, in the County of Worcester, Part of the Bishopric of London; and to purchase other Lands, to be annexed to the said Bishopric, for the Improvement thereof."
"23. An Act for the enabling of Sir Thomas Burton Baronet to sell Lands, for Payment of Debts."
"24. An Act for enabling Sir Dudley Cullum Baronet to raise Monies, to pay his Brother and Sisters Portions."
"25. An Act to enable Sir Edwin Sadleir Baronet to sell Lands, to pay his Debts."
"26. An Act to vest divers Manors, Lands, and Tenements, in the County of Leicester, in Trustees, to be sold, for the Payment of the Debts and Legacies of Sir William Halford Knight deceased, and for Payment of the other Debts of Sir William Halford now living, prior to his Marriage Settlement with the Lady Frances his now Wife."
"27. An Act to vest certain Lands of William Molyneaux Gentleman in Trustees, for raising the Sum of Two Thousand Pounds, for paying the Portions to his Younger Brother and Sisters, pursuant to a Decree in the Court of Chancery."
"28. An Act for Sale of the Manor of Manworthy, with its Appurtenances, in the County of Devon, being the Lands and Estate of Nicholas Martyn Esquire, by Trustees herein after named, for the Payment of the Debts of the said Nicholas Martyn."
"29. An Act for the settling of certain Messuages, Mills, Lands, and Tenements, in the County of Merioneth, upon certain Trustees, to be sold or mortgaged, towards the Payment of the Debts of William Vaughan and Jenkin Vaughan Esquires, deceased."
"30. An Act for the better assuring to George Vernon, and his Heirs and his Assigns, Four Acres of Land in Ebisham, in the County of Surrey."
"31. 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."
"32. An Act for enabling Francis Moore Esquire to sell the Manor of Bayhouse, and Lands in West Thorocke, in the County of Essex; and to purchase and settle other Lands in Lieu thereof."
"33. An Act for Sale of the Estate of John Cripps Gentleman, in the County of Kent; and for settling another Estate, of greater Value, in Lieu thereof, to the same Uses."
"34. An Act to enable the Sale of several Lands, for the Payment of the Debts and Legacies of Maurice Shelton and others; and for settling other Lands instead of them."
"35. An Act to enable William Davile to sell some Lands, for Payment of Debts."
"36. An Act for the better vesting and settling the Manor of East Horseley, in Surrey, in Trustees, to be sold, for Payment of the Debts of Phillip Hyldeyard Esquire."
"37. An Act to enable Trustees to sell the Estate of Edward Smith Esquire, deceased, to raise Money for the Payment of his Debts, and to make Provision for his Children who are Infants."
"38. An Act for the better enabling the Trustees and Executors of Richard Campion deceased to perform his Will."
"39. An Act for securing, out of some of the Manors, Lands, Tenements, and Hereditaments, of Charles Pelham, of Brockelsby, in the County of Lincolne, Esquire, the Sum of Five Thousand Pounds, with Interest, unto Anne Pelham, Eldest Daughter of the said Charles."
"40. An Act to enable Henry Halsted to make a Lease, for the Improvement of his Prebend of Ealdstreet, in the Church of St. Paul, in London."
"41. An Act to enable John Keble Gentleman to sell certain Lands in Stow Market, in the County of Suffolke; and to settle other Lands, of greater Value, to the same Uses."
"42. An Act for the enabling Vincent Grantham Esquire to lease Part of his Manor of Golthoe in Lincolneshire, for the raising Monies, to pay Portions and Debts charged thereupon."
"43. An Act for settling the Manor and Lordship of King's Bromley, and other the Messuages, Lands, Tenements, and Hereditaments, of Barbary Newton Widow, Relict of Samuel Newton, late of the Island of Barbadoes, in America, Esquire, deceased, and John Newton Esquire, Son and Heir of the said Samuel by the said Barbary."
"44. 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."
"45. An Act for incorporating the Proprietors of the Water-works in the Parish of St. Paul's Shadwell, in the County of Middl'x; and for the encouraging, carrying on, and settling, the said Water-works."
To which Bills the Royal Assent was pronounced in these Words,
"Soit fait come il est desire:"
Then His Majesty made a Speech, as followeth:
His Majesty's Speech.
"My Lords and Gentlemen,
"I return My hearty Thanks to you all, for the great Demonstrations you have given Me of your Affections in this Sessions, and of your Zeal for the Support of the Government. And I must thank you, Gentlemen of the House of Commons, in particular, for the great Supplies you have granted for the Prosecution of the War. I assure you, I shall take Care so to dispose of the Money you have given Me for the Public Occasions, as that the whole Nation may be entirely satisfied with the Application of it.
"My Lords and Gentlemen,
"I think it proper to acquaint you with My Intentions of going beyond Sea very speedily, which I am afraid have been already retarded more than is convenient for the present Posture of Affairs; and upon that account, I think it necessary to put an End to this present Meeting, the Season of the Year being now so very far advanced, that it may prove of the last ill Consequence to continue it any longer."
Which being ended, the Lord Chief Baron Atkyns, by His Majesty's Command, said,
Adjourn'd to April.
"My Lords and Gentlemen,
"It is His Majesty's Pleasure, That you adjourn yourselves to Tuesday the Twelfth Day of April next."
Then His Majesty was pleased to withdraw; and the Commons went to their House.
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum adjournandum esse usque in diem Martis, (videlicet,) 12um diem Aprilis prox. sequentis, hora decima Aurora, Dominis sic decernentibus.