House of Lords Journal Volume 16: 28 May 1698

DIE Sabbati, 28 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mascall's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting a Coperas Work, late Part of the Estate of Robert Mascall Esquire deceased, in Trustees, to be sold, for Payment of Debts, and other Charges thereupon."

Reneu et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Hillary Reneu and others."

Garon et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Garon and others."

ORDERED, That the Consideration of the said Two last mentioned Bills be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Reading's Petition.

Upon reading the Petition of Nathaniel Reading, relating to some former Orders of this House:

It is ORDERED, That the Lords following shall be a Committee, to consider what hath been formerly done in this House; and report to the House:

Their Lordships, or any Five of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Carleton, concerning the Bill for settling the African Trade.

Upon reading the Petition of Edward Carleton, of London, Merchant; praying to be heard to the Bill, intituled, "An Act to settle the Trade to Africa:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner shall be heard, by his Counsel, as desired, on Monday next, at Eleven o'Clock.

New Forest, Bill for Increase of Timber in:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Increase and Preservation of Timber, in The New Forest, in the County of Southampton."

The Question was put, "Whether this Bill, with the Amendments and Provisos, shall pass?"

It was Resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

To let them know, the Lords have passed the said Bill, with some Amendments; to which Amendments they desire their Concurrence.

Goudet's Answer to the Articles of Impeachment against him:

John Goudet was called in; and asked, "Whether he did insist upon his Plea, presented to this House Yesterday?"

Whereupon he desired to withdraw the same; and delivered in an Answer.

Which was read, as followeth; (videlicet,)

"The humble Answer of John Goudet, to the Articles of Impeachment exhibited against him and others, by the Knights, Citizens, and Burgesses, in Parliament assembled, for high Crimes and Misdemeanors.

"This Defendant, humbly hoping he shall have the Liberty to take Advantage of all former Prosecutions and Acquittals, of or for any the Crimes, Offences, and Misdemeanors, supposed by the said Articles of Impeachment to have been committed by him; and also saving and reserving to himself all Advantage and Benefit of Exception, to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships: He saith, That he is Not Guilty of all or any the Matters by the said Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice he doth and ever shall rely upon, and therein acquiesce.

"John Goudet."

Barrau's Answer:

David Barrau was called in; and asked, "Whether he did insist upon his Plea, presented to this House Yesterday?"

Whereupon he desired to withdraw the same; and delivered in an Answer.

Which was read, as follows; (videlicet,)

The humble Answer of David Barrau, to the Articles of Impeachment exhibited against him and others, by the Knights, Citizens, and Burgesses, in Parliament assembled, for high Crimes and Misdemeanors.

"This Defendant, humbly hoping he shall have the Liberty to take the Advantage of all former Prosecutions and Acquittals, of or for any the Crimes, Offences, and Misdemeanors, supposed by the said Articles of Impeachment to have been committed by him; and also saving and reserving to himself all Advantage and Benefit of Exceptions, to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships: He saith, That he is Not Guilty of all or any the Matters by the said Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice he doth and ever shall rely upon, and therein acquiesce.

"David Barrau."

Seignoret's Answer:

Stephen Seignoret was called in; and asked, "Whether he did insist upon his Plea, presented to this House Yesterday?"

Whereupon he desired to withdraw the same; and delivered in an Answer.

Which was read, as follows; (videlicet,)

The humble Answer of Stephen Seignoret, to the Articles of Impeachment exhibited against him and others, by the Knights, Citizens, and Burgesses, in Parliament assembled, for high Crimes and Misdemeanors.

"This Defendant, humbly hoping he shall have the Liberty to take Advantage of all former Prosecutions and Acquittals, of or for any the Crimes, Offences, and Misdemeanors, supposed by the said Articles of Impeachment to have been committed by him; and also saving and reserving to himself all Advantage and Benefit of Exception, to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships: He faith, That he is Not Guilty of all or any the Matters by the said Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice he doth and ever shall rely upon, and therein acquiesce.

"Step. Seignoret."

Baudowyn's Answer:

Reney Baudowin was called in; and asked, "Whether he did insist upon his Plea, presented to this House Yesterday?"

Whereupon he desired to withdraw the same; and delivered in an Answer.

Which was read, as follows; (videlicet,)

"The humble Answer of Reney Baudowin, to the Articles of Impeachment exhibited against him and others, by the Knights, Citizens, and Burgesses, in Parliament assembled, for high Crimes and Misdemeanors.

This Defendant, humbly hoping he shall have the Liberty to take the Advantage of all former Prosecutions and Acquittals, of or for any the Crimes, Offences, and Misdemeanors, supposed by the said Articles of Impeachment, to have been committed by him; and also saving and reserving to himself all Advantage and Benefit of Exception, to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships: He faith, That he is Not Guilty of all or any the Matters by the said Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice he doth and ever shall rely upon, and therein acquiesce.

"Reney Baudowin."

Santini's Answer:

Nicholas Santini was called in; and asked, "Whether he did insist upon his Plea, presented to this House Yesterday?"

Whereupon he desired to withdraw the same; and delivered in an Answer.

Which was read, as follows; (videlicet,)

"The humble Answer of Nicholas Santiny, to the Articles of Impeachment exhibited against him and others, by the Knights, Citizens, and Burgesses, in Parliament assembled, for high Crimes and Misdemeanors.

"This Defendant, saving and reserving to himself all Advantage and Benefit of Exception, to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships: He saith, That he is Not Guilty of all or any the Matters by the said Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice he doth and ever shall rely upon, and therein acquiesce.

"Nicholas Santiny."

Diharce's Answer:

Peter Dibarce was called in; and asked, "Whether he did insist upon his Plea, presented to this House Yesterday?"

Whereupon he desired to withdraw the same; and delivered in an Answer.

Which was read, as follows; (videlicet,)

"The humble Answer of Peter Dibarce, to the Articles of Impeachment exhibited against him and others, by the Knights, Citizens, and Burgesses, in Parliament assembled, for high Crimes and Misdemeanors.

"This Defendant, saving and reserving to himself all Advantage and Benefit of Exception, to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships: He faith, That he is Not Guilty of all or any the Matters, by the Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice he doth and ever shall rely upon, and therein acquiesce.

"Peter Diharce."

And Pearse's:

John Pearse was called in; and asked, "Whether he did insist upon his Plea, presented to this House Yesterday?"

Whereupon he desired to withdraw the same; and delivered in an Answer.

Which was read, as follows; (videlicet,)

"The humble Answer of John Pearse, to the Articles of Impeachment exhibited against him and others, by the Knights, Citizens, and Burgesses, in Parliament assembled, for high Crimes and Misdemeanors.

"This Defendant, saving and reserving to himself all Advantage and Benefit of Exception, to the Generality, Uncertainty, and other Insufficiencies, of the said Articles; of which he humbly prays that Notice may be taken, and a just Regard may be had by your Lordships: He saith, That he is Not Guilty of all or any the Matters by the said Articles of Impeachment charged against him, in Manner and Form as they are charged against him; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice he doth and ever shall rely upon, and therein acquiesce.

"Jo. Pearse."

Message to H. C. with these Answers.

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

To let them know, that John Goudet, David Barrau, Peter Longueville, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, and Peter Dihearce, Merchants, and John Pearse Gentleman, have put in their several and respective Answers to the Articles of Impeachment brought from the House of Commons against them: Which this House communicates to them; and desires that the said original Answers may be returned with all convenient Speed.

Officers of Excise, Bill to allow Time to qualify.

Whereas Tuesday the One and Thirtieth Instant, was appointed for the House to be put into a Committee upon the Bill, intituled, "An Act for giving Time to several Commissioners of Excise therein named, and their Officers, to qualify themselves for their Employments in the Duties on Leather:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee on the said Bill, on Friday the Third Day of June next, at Eleven of the Clock.

Message from H. C. to impeach Oriall and Dumaistre.

A Message was brought from the House of Commons, by Sir Rowland Gwyn and others:

Who brought up an Impeachment, as follows; (videlicet,)

"The Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of England, do impeach John Oriall and John Dumaistre of high Crimes and Misdemeanors; and will, in due Time, exhibit particular Articles of Impeachment against them, and make good the same."

Message from thence, with a Bill.

Also a Message from the House of Commons, by Mr. Norris and others:

Who brought up a Bill, intituled, "An Act for licensing Hawkers and Pedlars, for a further Provision of Interest for the Transport Debt for reducing of Ireland;" to which they desire the Concurrence of this House.

Hawkers and Pedlars, for licensing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for licensing Hawkers and Pedlars, for a further Provision of Interest for the Transport Debt for reducing of Ireland."

Lottery Tickets, for better Payment of, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better and more orderly Payment of the Lottery Tickets now payable out of certain additional Duties of Excise, and of other Annuities lately payable out of the Tonnage Duties."

After some Time, the House was resumed.

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

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better and more orderly Payment of the Lottery Tickets now payable out of certain additional Duties of Excise, and of other Annuities lately payable out of the Tonnage Duties."

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

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.

Sir Wm. Wyndham's Bill:

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act to enable Trustees to make Leases, and grant Copies, and receive the Rents and Profits, of the Estate of Sir Edward Wyndham Baronet, deceased, and Hopton Wyndham Esquire, deceased, during the Minority of Sir William Wyndham Baronet, for the Intents and Purposes therein mentioned," as fit to pass, with One Amendment.

Which was read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Trustees to make Leases, and grant Copies, and receive the Rents and Profits, of the Estate of Sir Edward Wyndham Baronet, deceased, and Hopton Wyndham Esquire, deceased, during the Minority of Sir William Wyndham Baronet, for the Intents and Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

To return the said Bill, and desire their Concurrence to the Amendment made by their Lordships therein.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) tricesimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

13° Julii, 1698, hitherto examined by us,

Rochester.
E. Asaph.
Hunsdon.
Culpeper.
Jeffreys.