House of Lords Journal Volume 15
22 April 1695

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1767-1830

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'House of Lords Journal Volume 15: 22 April 1695', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 561-563. URL: http://www.british-history.ac.uk/report.aspx?compid=12180 Date accessed: 23 July 2014.


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DIE Lunæ, 22 Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Cov. & Litch.
Epus. Sarum.
Epus. Worcester.
Epus. Oxon.
Epus. Ely.
Epus. Norwich.
Epus. Peterburgh.
Epus. St. Asaph.
Dux Cumberland.
Ds. Custos Magni Sigilli.
Comes Pembroke, Ds. Custos Privati Sigilli.
Dux Devon, Ds. Senescallus.
Dux Richmond.
Dux South'ton.
Dux Ormond.
Dux Northumb'land.
Dux St. Albans.
Dux Bolton.
Dux Schonbergh.
Dux Shrewsbury.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Dorset, Ds. Camerarius.
March. Normanby.
Comes Derby.
Comes Bridgewater.
Comes Warwick.
Comes Denbigh.
Comes Bristoll.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Carnarvon.
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. Lawarr.
Ds. Berkeley Ber.
Ds. Hunsdon.
Ds. Grey.
Ds. Maynard.
Ds. Coventry.
Ds. Byron.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Berkeley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Osborne.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert.

PRAYERS.

Parkins versus Briggs, in Error.

The Lord Chief Justice of the King's Bench, in the usual Manner, brought in a Writ of Error:

Catherine Parkins Plaintiff, and Will'us Briggs Defendant.

King present.

His Majesty, being arrayed in His Regal Robes and Crown, attended with His Officers of State, ascended His Royal Throne (the Peers being also in their Robes); commanded the Gentleman Usher of the Black Rod to signify to the Commons, "That it is His Majesty's Pleasure, that they attend Him presently."

Who being come, with their Speaker; he made a short Speech to the King, relating to the Money Bills to be passed, and then delivered them to the Clerk of the Parliaments; who delivered them to the Clerk Assistant.

Bills passed.

The Titles whereof were read by the Clerk of the Crown, as followeth; (videlicet,)

"1. An Act for enabling such Persons as have Estates for Life in Annuities, payable by several former Acts therein mentioned, to purchase and obtain further or more certain Interests in such Annuities; and, in Default thereof, for admitting other Persons to purchase or obtain the same, for raising Monies for carrying on the War against France."

"2. An Act for granting to His Majesty several additional Duties upon Coffee, Tea, Chocolate, and Spices, towards Satisfaction of the Debts due for Transport Service for the Reduction of Ireland."

"3. An Act for granting to His Majesty certain Rates and Duties upon Marriages, Births, and Burials, and upon Batchelors and Widowers, for the Term of Five Years, for carrying on the War against France with Vigour."

To which Bills the Royal Assent was pronounced severally by the Clerk of the Parliaments, in these Words; (videlicet,)

"Le Roy remercie ses bons Subjects, accepte leur Benevolence, et ainsi le veult.

In like Manner the Bills following were passed:

"4. An Act for the more effectual suppressing profane Cursing and Swearing."

"5.An Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts."

"6. An Act for raising the Militia of this Kingdom for the Year One Thousand Six Hundred Ninety-five; and for repealing the Statute of the Second and Third Year of King Edward the Sixth, intituled, An Act against shooting in Hail Shot."

"7. An Act for continuing several Laws therein mentioned."

"8. An Act for continuing Two former Acts, for punishing Officers and Soldiers, who shall mutiny, or desert His Majesty's Service, and for punishing false Musters, and for Payment of Quarters for One Year longer."

"9. 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."

"10. An Act for the better Admeasurement of Keels and Keel-boats in the Port of Newcastle, and the Members thereunto belonging."

"11. An Act to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, or for any Prosecution for such Distribution."

"12. An Act to prevent Exactions of the Occupiers of Locks and Weirs upon the River of Thames Westward, and for ascertaining the Rates of Water Carriage upon the said River."

To which Bills the Royal Assent was pronounced in these Words; (videlicet,)

"Le Roy le veult."

"13. An Act for settling divers Manors and Lands upon the Marriage of the Marquis of Tavistock, Grandson of the Duke of Bedford."

"14. An Act to enable the Guardians of James Earl of Salisbury, to make Leases of Salisbury House, and some other Hereditaments in The Strand, in the County of Midd'x, for Improvement thereof by Building."

"15. An Act for confirming Two Indentures Tripartite, the one of Lease, and the other of Release, made between the Right Honourable Thomas Earl of Thanet Island of the First Part, the Honourable Sackvile Tuston Esquire of the Second Part, and the Honourable William Cheyney Esquire and Sir Charles Tufton Knight of the Third Part, and the Estates thereby settled."

"16. An Act for the dividing and settling the Estate of the Coheirs of John late Earl of Rochester, and for discharging the Trusts thereupon."

"17. An Act for the vesting the Manors of Earls Croome, alias Jeffery's Croome, and Baughton, in the County of Worcester, in Trustees, to be sold; and for settling the Manor-house and Royalty of Waynfleet St. Marye's, in the County of Lincoln, and divers Lands Parcel of the said Manor, of greater Value, to and upon the same Uses; and to enable Sir Robert Barkham Baronet to make Provision for his Younger Children."

"18. An Act to vest in Trustees certain Lands of Sir Gervase Cliston Baronet, in the County of Nottingham, for Payment of Debts, and raising Portions for Younger Children."

"19. An Act for enabling the Inhabitants of the Parish of Christ Church, in the County of Surry, to make Rates, for raising a Maintenance for a good and able Minister; and for the empowering the Trustees of the Will of John Marshall deceased to employ Monies for the finishing the said Parish Church."

"20. An Act to confirm a Grant made by the Rector of the united Parishes of St. Michael Royall and St. Martin's in the Vintry, London, of Part of St. Martin's Church-yard."

"21. An Act to enable Trustees to grant Leases of the Lands of Henry Northleigh Esquire, lately deceased, for Payment of his Debts, and providing a Maintenance for his Children."

"22. An Act to vest certain Lands and Tenements, late of John Estoft, of Etton, in the County of York, Esquire, in Truitees, to be sold, towards Payment of the Debts of the said John Estoft, and raising Portions for his Daughters."

"23. An Act to enable Jane Rogers, the Widow and Relict of Bryan Rogers, late of Falmouth, Merchant, deceased, and Administratrix of his Goods and Chattells, with his Will annexed, and other Trustees therein named, to sell Lands, for the Payment of the Debts and Legacies of the said Bryan Rogers, in Performance of his said Will."

"24. An Act for the ratifying and confirming a certain Indenture of Lease of Marton Meare, in the County of Lancaster, made by the Earl of Derby and others, to Thomas Fleetwood Esquire."

"25. An Act to vest certain Lands and Tenements in Trustees, to be sold, for the better Provision of the Daughters and Coheirs of Joseph Finch Esquire, deceased."

"26. An Act to vest in Trustees certain Lands in Kent and Sussex, of John Caryll Esquire, for the Payment of Debts, and raising of Portions for Younger Children; and to supply the Defects of a Conveyance intended for those Purposes."

"27. An Act to vest certain Lands of Sir William Chaitor Baronet, in Yorkshire and Durham, to be sold, for Payment of Debts charged thereon, and to secure Portions for Younger Children."

"28. An Act for enabling Sir Paul Whichcot Knight and Baronet, and Dame Jane his Wife, to make Leases for 99 Years, of the Manor of Tooting Graveney, and any of their Messuages, Lands, and Hereditaments, in Tooting Graveney, Tooting Beake, and Stretham, in the County of Surrey, for the better Improvement thereof."

"29. An Act to enable William Wanley, an Infant under the Age of One and Twenty Years, to new build several Messuages or Tenements in Ax-Yard, King Street, Westm'r; and to enable his Guardian to make One or more Lease or Leases for effecting the same."

"30. An Act for Sale of Part of the Estate of Jonathan Webb Esquire, for Discharge of Debts and Incumbrances charged thereupon."

"31. An Act to enable Elizabeth Howland, the Widow of John Howland Esquire deceased, to settle Lands upon the Marriage of his sole Daughter and Heir; and for settling Lands upon the said Widow Howland for her Life, in Lieu of Dower; and for indemnifying Sir Josias Child and the said Widow Howland, Grandfather and Mother of the said Heir, in disposing of the Personal Estate belonging to her, upon her Preferment in Marriage, she being under Age of One and Twenty Years."

"32. An Act for the vesting certain Lands and Tenements, the Estate of George Gilbert Pierce, of The Middle Temple, London, Esquire, in Trustees, for the raising Monies for the Payment of his Debts."

"33. An Act for making Salt Water fresh."

"34. An Act to enable Trustees of William Gage Esquire to raise Money, by a Mortgage of Part of his Estate, for the Preservation of the Timber growing thereon."

"35. An Act for the better enabling the Executors and Trustees of Sir Thomas Hare Baronet, lately deceased, to raise Portions and Maintenances for his Younger Children."

"36. An Act to enable Peter Gollop Gentleman to sell a Farm and certain Lands called Wantsley; and to vest the Inheritance thereof, in Fee Simple, in such Person or Persons who shall be Purchaser or Purchasers thereof from him, subject only to the Payment of the Sum of One Thousand Pounds Principal-money, with the Interest thereof due and to grow due, unto the Executory Estate of Robert Merefeild Gentleman, deceased."

"37. An Act for selling the Estate of John Kirke deceased, for Payment of his Debts."

"38. An Act to enable Hannah Woollaston Widow, and Jonathan her Son an Insant, to sell certain Lands and Tenements, in Warnford, in the County of Southampton, for Payment of Debts and Legacies, according to the Will of Richard Woollaston Esquire, deceased."

To which Bills the Royal Assent was pronounced in these Words; (videlicet,)

"Soit fait come il est desiré."

Brooke's Bill, Royal Assent refused.

"An Act for the vesting the Manor of Madeley, and other Lands, Tenements, and Hereditaments, in the County of Salop, the Estate of Bazill Brooke Esquire, in Trustees, for raising Money, for Payment of his Debts, and for securing his Wife's Jointure."

To this Bill the Answer was,

"Le Roy se avisera."

Then His Majesty spake as followeth; (videlicet,)

King's Speech.

"My Lords and Gentlemen,

"I take this Occasion to tell you, that the Season of the Year is so far advanced, and the Circumstances of Affairs are so pressing, that I very earnestly recommend to you the speedy dispatching such Business as you think of most Importance for the Public Good; because I must put an End to this Session in a few Days."

Message to H. C. for Committees of both Houses to meet, for examining Sir Tho. Cook.

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

To acquaint them, that the Lords have resolved to nominate Twelve of their House, to be of the Committee appointed by an Act, intituled, "An Act to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, or for any Prosecution for such Distribution."

Lords of the Committee to be balloted for.

The Lords put their Notes in the Balloting Glass.

Lords Committees appointed to open the Balloting Glass; and to withdraw presently, and report to the House:

D. Bolton.
March. Normanby.
Comes Bridgewater.
Comes Stamford.
Comes Rochester.
Comes Marleborough.
Viscount Weymouth.

Committees to meet in the Exchequer Chamber.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Exchequer Chamber be the Place for the Committee of Lords and Commons to sit in, pursuant to an Act to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his Discovery to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, or from any Prosecution for such Distribution; and that the Lord Great Chamberlain do prepare the same accordingly.

Message from H. C. that they will appoint their Committee.

A Message was brought from the House of Commons, by Sir Eliab Harvey and others:

To acquaint this House, that the Commons have resolved to nominate Four and Twenty of their House, to be of the Committee appointed by an Act, intituled, "An Act to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, or for any Prosecution for such Distribution."

Message to them, to sit.

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

To desire them to sit some Time longer.

The Messengers return Answer:

Answer.

That the Commons will sit some Time longer, as desired.

Then the House was adjourned during Pleasure.

After some Time, the House was resumed.

And the Earl of Rochester reported, "That the Committee had examined the Ballots; and that the Lords following have the Majority."

Committee to meet with one of H. C. to examine Sir T. Cooke, about Money distributed from the Treasure of the East India Company.

Lords nominated by the House, to be of the Committee appointed by an Act of Parliament, intituled, "An Act to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his Discovery to whom he paid and distributed 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:" Whose Lordships, having heard and examined the said Sir Thomas Cooke, are to report to the House:

Comes Pembroke,
Ds. Custos Privati Sigilli.
Dux Shrewsbury.
Comes Bridgewater.
Comes Manchester.
Comes Thanet.
Comes Rochester.
Comes Monmouth.
Comes Marleborough.
Comes Torrington.
Viscount Weymouth.
Ds. Cornwallis.
Ds. Godolphin.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum tertium diem instantis Aprilis, hora nona Aurora, Dominis sic decernentibus.