House of Lords Journal Volume 16
28 June 1698

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1767-1830

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'House of Lords Journal Volume 16: 28 June 1698', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 330-332. URL: http://www.british-history.ac.uk/report.aspx?compid=13642 Date accessed: 02 October 2014.


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DIE Martis, 28 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Peterborough.
Epus. St. Asaph.
Dux Cumberland.
Ds. Cancellarius.
Comes Pembroke, Ds. Privati Sigilli.
Dux Somersett.
Dux South'ton.
Dux Northumb'l'd.
March. Normanby.
Comes Lyndsey, Ds. Magnus Camerarius.
Comes Dorset & Middl'x.
Comes Bridgwater.
Comes Denbigh.
Comes Manchester.
Comes Carnarvon.
Comes Essex.
Comes Anglesey.
Comes Feversham.
Comes Radnor.
Comes Portland.
2 Comes Marlborough.
1 Comes Montagu.
Comes Bradford.
Comes Romney.
Comes Tankerville.
L. Viscount Townshend.
Ds. Bergaveny.
Ds. Audley.
Ds. Wharton.
Ds. Hunsdon.
Ds. Colpeper.
Ds. Lucas.
Ds. Berkley Str.
Ds. Granville.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Cholmondley.
Ds. Haversham.

PRAYERS.

St. John & al. versus Norton, in Error.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, by Counsel, at the Bar, upon the Writ of Error depending in this House, wherein John St. John and others are Plaintiffs, and Anne Norton Defendant, on Friday the First Day of July next, at Eleven of the Clock in the Forenoon.

Wood & al. versus Deane & al. in Error.

Upon reading the Petition of James Deane and others, Defendants in a Writ of Error depending in this House, wherein Hester Wood and others are Plaintiffs; praying a Day may be appointed for hearing the Errors argued thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, by Counsel, thereupon, on Saturday next at Eleven of the Clock in the Forenoon.

Hayward & al versus Beastall, in Error.

Upon reading the Petition of Francis Beastall, Defendant in a Writ of Error depending in this House, wherein Robert Hayward and others are Plaintiffs:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued, by Counsel, in this Case, on Saturday next, at Eleven of the Clock in the Forenoon.

Message from H.C. with a Bill.

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

Who brought up a Bill, intituled, "An Act, that the Ships called The Ruby Prize and Plimouth may have Freedom of trading as English-built Ships;" to which they desire the Concurrence of this House.

Ruby and Plymouth Prizes to trade as English Ships, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act that the Ships called The Ruby Prize and Plimouth may have Freedom of trading as English-built Ships."

Smoak Silver, Peter Pence, &c. to take away, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to take away the Payments of Smoak Silver, Peter Pence, and Common Fine, and the Sheriffs Tourne."

After some Time, the House was resumed.

And the Lord Godolphin reported, "That they have considered the Bill, and made some Progress therein."

ORDERED, That all the Judges attend this House on Thursday next.

Goudet & al. Trials appointed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at Ten of the Clock, this House will proceed upon the Trials of John Goudet and others, upon the Impeachments against them.

Message to H.C. to acquaint them with it.

A Message was sent to the House of Commons, by Mr. Justice Blincoe and Mr. Baron Hatsell:

To let them know, the Lords have appointed to proceed upon the Trials of John Goudet and others, upon the Impeachments against them, on Monday next, at Ten of the Clock in the Forenoon, in Westminster Hall.

Militia Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising the Militia for the Year One Thousand Six Hundred Ninety-eight, although the Month's Pay formerly advanced be not re-paid."

After some Time, the House was resumed.

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

Hodie 3a vice lecta est Billa, intituled, "An Act for raising the Militia for the Year One Thousand Six Hundred Ninety-eight, although the Month's Pay formerly advanced be not re-paid."

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.

Goudet & al. Petition for Leave to withdraw their Pleas; and imploring their Lordships Clamency:

A Petition of John Goudet and others was offered; and read, as followeth, (videlicet,)

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Diharce, Merchants, and John Pearse Gentleman;

"Most humbly sheweth,

"That your Petitioners are very much afflicted, that they have unfortunately incurred the Displeasure of the Parliament in such a Manner ; and more especially that their Affair should, at so unseasonable a Time, occasion the lengthening out of this present Session, to the Prejudice of the Government, and the endangering the Healths of your Lordships.

"That, for Prevention thereof, your Petitioners are willing to withdraw their several Pleas or Answers to the Articles of Impeachment exhibited against them by the Honourable House of Commons (though they might hope to make good the same); rather choosing to prostrate themselves at your Lordships Feet, and wholly to depend on the great Clemency of this most Honourable House, than to put your Lordships to the Inconveniency of their several Trials.

"Your Petitioners, therefore, most humbly implore your Lordships great Clemency; and that you will graciously please to permit them to withdraw their several Pleas or Answers; and to be merciful to them, and to their disconsolate Families, in the Judgement your Lordships will please to give thereupon.

"And your Petitioners (as in Duty bound) shall ever pray.

"John Goudet.
David Barrau.
Stephen Seignoret.
Reney Baudowin.
Nicholas Santiny.
Peter Diharce.
John Pearse."

Goudet, Barreau, Seignoret, & al relinquish their former Pleas, and plead Guilty:

Then John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Diharce, and John Pearse, were called in; and, having kneeled at the Bar, (they being told, "Their Petition was received, importing their Desire to relinquish their Pleas and Answers, and to plead Guilty:)"

They all declared, "They were willing so to do."

Whereupon, John Goudet declared, "He did relinquish his Plea and Answer put in to the Articles of Impeachment against him; and confessed himself Guilty."

David Barrau also declared, "He did relinquish his Plea and Answer put in to the Articles of Impeachment against him; and confessed himself Guilty."

Stephen Seignoret also declared, "He did relinquish his Plea and Answer put in to the Articles of Impeachment against him; and confessed himself Guilty."

Reney Baudowin also declared, "He did relinquish his "Plea and Answer put in to the Articles of Impeachment against him; and confessed himself Guilty."

Nicholas Santiny also declared, "He did relinquish "his Plea and Answer put in to the Articles of Impeachment against him; and confessed himself Guilty."

Peter Diharce also declared, "He did relinquish his Plea and Answer put in to the Articles of Impeachment against him; and confessed himself Guilty."

John Pearse also declared, "He did relinquish his Plea and Answer put in to the Articles of Impeachment against him; and confessed himself Guilty."

Then the Order following was made; (videlicet,)

Gondet & al. attached:

"This Day, John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santini, Peter Diharce, Merchants, and John Pearse Gentleman, having severally, at the Bar of this House, confessed themselves Guilty of the Crimes mentioned in the Articles of Impeachment against them: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith take into Custody the Bodies of the said John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Diharce and John Pearse, and keep them in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

"To Sir Fleetwood Sheppard, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them."

Message to H.C. for a Conference about them:

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

To desire a present Conference, in the Painted Chamber, upon the Subject-matter of the Impeachments now depending against John Goudet and others.

Managers.

The Lords following were named Managers of the Conference:

Ds. Cancellarius.
Dux Somerset.
Comes Dorsett.
Comes Bridgewater.
Comes Manchester.
Comes Stamford.
Comes Anglesey.
Comes Marleborough.
Comes Bradford.
Ds. Bergevenny.
Ds. Audley.
Ds. Wharton.
Ds. Vaughan.
Ds. Godolphin.
Ds. Haversham.

Then it was agreed to be offered at the Conference as followeth; (videlicet,)

Heads for the Conference.

"That John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Diharce, Merchants, and John Pearse Gentleman, being Seven of the Persons who stand impeached by the House of Commons, have severally, at the Bar of this House, relinquished their Pleas and Answers to the Articles of Impeachment against them; and have confessed themselves Guilty, which Confession their Lordships have recorded, and have ordered them to be taken into Custody."

Answer from H.C.

The Messengers sent to the House of Commons return Answer:

That they will give a present Conference, in the Painted Chamber, as desired.

Conference reported:

Then the Commons being come to the Conference, the Managers Names were read; and the House being adjourned during Pleasure, the Lords went to the Conference.

Which being ended, the House was resumed.

And the Earl of Bridgewater reported, "That they had delivered, at the Conference, what they were commanded."

High Crimes and Misdemeanors, Committee to search Precedents of, Judgements for:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Committees appointed to consider of the Impeachments brought from the House of Commons against John Goudet and others, do meet To-morrow, at Ten of the Clock in the Forenoon, and search Precedents of what Judgements have been given by this House, upon Impeachments for high Crimes and Misdemeanors; and that all the Lords present this Day, be of the said Committee.

Goudet & al. to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santini, Peter Diharce, and John Pearse, do attend this House To-morrow, at Eleven of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) vicesimum nonum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.