House of Lords Journal Volume 15
17 April 1695

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1767-1830

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'House of Lords Journal Volume 15: 17 April 1695', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 542-544. URL: http://www.british-history.ac.uk/report.aspx?compid=12176 Date accessed: 20 September 2014.


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DIE Mercurii, 17 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Durham.
Epus. Winton.
Epus. Sarum.
Epus. Worcester.
Epus. Oxon.
Epus. Ely.
Epus. Norwich.
Epus. Peterburgh.
Epus. Gloucester.
Epus. Chichester.
Epus. Bath & Wells.
Dux Cumberland.
Ds. Custos Magni Sigilli.
Dux Leeds, Ds. Præses.
Comes Pembroke, Ds. Privati Sigilli.
Dux Devon, Ds. Senescallus.
Dux South'ton.
Dux Ormond.
Dux Northumb'land.
Dux St. Albans.
Dux Bolton.
Dux Shrewsbury.
Dux Bedford.
March. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Dorset, Ds. Camerarius.
Comes Derby.
Comes Suffolke.
Comes Bridgewater.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvan.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Craven.
Comes Ailesbury.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Berkeley.
Comes Rochester.
Comes Portland.
Comes Monmouth.
Comes Montagu.
Comes Marleborough.
Comes Torrington.
Comes Bradford.
Comes Rumney.
Viscount Weymouth.
Viscount Villiers.
Ds. Willoughby Er.
Ds. Lawar.
Ds. Berkley Ber.
Ds. Hunsdon.
Ds. Brooke.
Ds. Grey.
Ds. Maynard.
Ds. Byron.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert.

PRAYERS.

Newcastle Keels, &c. for Measurement of, Bill:

The Lord Bishop of Winchester reported from the Committee, the Bill, intituled, "An Act for the better Admeasurement of Keels and Keel-boats in the Port of Newcastle, and the Members thereunto belonging," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act for the better Admeasurement of Keels and Keel-boats in the Port of Newcastle, and the Members thereunto belonging."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Holford:

To let them know; the Lords have agreed to the said Bill, without any Amendment.

Sir T. Cooke, Indemnity from Actions on account of Confessions, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify Sir Thomas Cooke from Actions which he may be liable to, by reason of his Discovery to whom he paid and distributed the several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, and from any Prosecution for such Distribution."

A Rider was offered, to be added to the Bill.

Which, being read Three Times, was agreed to.

The Question was put, "Whether this Bill shall pass, with the Addition of this Rider?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Holford:

To carry down the said Bill, and desire their Concurrence thereunto.

Sir T. Cooke, to oblige him to accompt for Money received from the Treasure of the E. L. Comp.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to oblige Sir Thomas Cooke to give an Accompt to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company."

The House was resumed;

And the Earl of Stamford reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Sir T. Cooke's Pet. dismissed.

Upon reading the Petition of Sir Thomas Cooke:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, dismissed this House.

Town Clerk of London delivers Papers:

The City Town Clerk delivered, at the Bar (upon Oath), the Auditor's Reports concerning the City Lands, for the Years 1691 and 1692, as ordered Yesterday.

Then the House was adjourned during Pleasure; and the Lords went to the Committee, to examine Deputy Gardiner.

After some Time, the House was resumed.

Sir R. Clayton & al. Examinations reported.

And the Earl of Rochester reported, from the Committee appointed to examine Sir Robert Clayton and others, the several Examinations taken by them, in relation to some Lands lying behind Clarendon House, lately granted by Lease to the Lord Marquis of Normanby.

Lease from the City to the Marq. of Normanby to be considered.

Upon Report made this Day from the Lords Committees appointed to examine Sir Robert Clayton and others, and reading the Papers delivered by the City Town Clerk, concerning some Lands lately granted by Lease from the City of London:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall take that Matter into Consideration To-morrow, the First Business after Twelve of the Clock.

conference on Trials for Treason, Bill.

Whereas To-morrow is appointed for resuming the Consideration of what was offered, at the Free Conference with the House of Commons, the Fifteenth Instant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration thereof shall be resumed on Friday next, at Eleven of the Clock in the Forenoon.

Message from H. C. with a Bill; and to remind the Lords of Sir T. Cooke's Bill to accompt for Money received from E. I Comp.

A Message was brought from the House of Commons; by Sir Christopher Musgrave and others:

To put the House in Mind of the Bill, intituled, An Act to oblige Sir Thomas Cooke to give an Accompt to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company."

A Message from the House of Commons, by Mr. Bowyer and others:

Who brought up a Bill, intituled, "An Act for explaining and regulating several Doubts, Duties; and Penalties, in the late Act for granting several Duties upon Vellum, Parchment, and Paper, and for ascertaining the Admeasurement of the Tonnage of Ships;" to which they desire the Concurrence of this House.

Vellum, &c. Duties on, and Tonnage of Ships, Bill to explain the Act for.

Hodie 1a vice lecta est Billa, intituled, "An Act for explaining and regulating several Doubts, Duties, and Penalties, in the late Act for granting several Duties upon Vellum, Parchment, and Paper, and for ascertaining the Admeasurement of the Tonnage of Ships."

Sir T. Cooke's Bill:

The House took into Consideration the Message received from the House of Commons, for putting this House in Mind of Sir Thomas Cook's Bill.

Message to H. C for a Conference about him.

Whereupon, a Message was agreed to be sent to the House of Commons, by Sir John Francklyn and Mr. Holford:

To desire a present Conference, upon Matters relating to Sir Thomas Cooke.

Lords Committees appointed to draw what shall be offered at the Conference with the House of Commons:

Dux Devon, Ds. Senescallus.
Dux Bolton.
Comes Rochester.
Comes Monmouth.
Comes Marleborough.
Ds. Grey W.
Ds. Godolphin.

Message to them, to sit a while.

A Message was sent to the House of Commons, by Sir John Francklyn and Mr. Holford:

To desire them to sit some Time longer.

Then the House was adjourned during Pleasure, and the Lords went to the Committee.

After some Time, the House was resumed.

Answer from thence.

And the Messengers sent to the House of Commons return Answer:

That the Commons agree to sit some Time, as desired.

Message to them, for the Conference.

Then a Message was sent to the Commons, for a present Conference, as before was agreed to.

The Earl of Rochester reported from the Committee what shall be offered at the Conference.

Which, being read, was agreed to as followeth; (videlicet,)

Heads for a Conference, about indemnifying Sir T. Cooke, on his making a full Discovery immediately.

"The Lords, having received a Message from the House of Commons, to put them in Mind of a Bill sent up from that House, relating to Sir Thomas Cooke, have desired this Conference, to acquaint them, That they have so far proceeded upon that Bill, as that it wants only a Third Reading to pass their House, without any Alteration; but that having Occasion, in the Progress of it, to observe that Sir Thomas Cooke was willing to make a full and immediate Discovery of his whole Knowledge relating to that Matter; and the Lords, conceiving it to be the Desire and Intention of both Houses to take the most proper Ways of arriving at a speedy and effectual Discovery of the Truth, have prepared a Bill, and sent it down to the House of Commons, to give such an immediate Indemnity to Sir Thomas Cooke as he himself desired, on his making a full and clear Discovery of his Distribution of the several Sums of Money mentioned in the said Bill; which he undertook to do, upon Oath, on or before the Three and Twentieth Day of this Instant April: And the Lords, being of Opinion that so immediate a Discovery of this important Matter, as may probably be attained by the Bill sent down by their Lordships, will be more to the Satisfaction of both Houses and the whole Kingdom, than a Discovery at so remote a Time as is allowed for it in the Bill sent up by the House of Commons, when probably the Parliament may not be sitting, were desirous to communicate to the House of Commons the true Ground and Motives of their Lordships Proceeding in this Method; not doubting but that it will meet with the Approbation of the House, when the Reasons of it shall be fully explained to them.

"And their Lordships have further directed us to observe to you, that, by the Bill sent down to the Commons, Sir Thomas Cooke will be obliged to make this Discovery while he is yet under the Confinement of that House; whereas he may be at Liberty before the Time allowed by the other Bill for that Discovery, and may have an Opportunity to remove himself and all his Effects, and so escape the Punishment designed for him; and as for any Discovery he shall make to their Lordships in Pursuance of the Bill sent down by them, it is their Intention to communicate it immediately to the House of Commons."

Answer from H. C.

The Messengers sent to the House of Commons, to desire a present Conference, return Answer:

That the Commons will give a present Conference, as is desired.

Conference.

The Commons being come to the Conference; the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Earl of Rochester reported, "That the Lords had attended the Conference, and pursued the Directions of this House."

Trade with France, to prohibit, &c. Bill to fix the Commencement of the Act for.

Hodie 2a vice lecta est Billa, (intituled, "An Act for declaring the Commencement of an Act, intituled, An Act for continuing the Acts, for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers,) to be from the Time that it passed the Royal Assent; to wit, on the Fourteenth Day of March, One Thousand Six Hundred Ninety-two."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Dux Bolton.
Dux Shrewsbury.
Comes Bridgewater.
Comes Manchester.
Comes Stamford.
Comes Kingston.
Comes Bathe.
Comes Craven.
Comes Rochester.
Comes Monmouth.
Comes Marleborough.
Comes Bradford.
Epus. Durham.
Epus. Sarum.
Epus. Oxon.
Epus. Norwich.
Epus. Peterburgh.
Epus. Gloucester.
Ds. Lawarr.
Ds. Berkeley.
Ds. Hunsdon.
Ds. Grey.
Ds. Maynard.
Ds. Byron.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Cornwallis.
Ds. Jeffreys.

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.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) decimum octavum diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.