House of Lords Journal Volume 16
4 July 1698

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1767-1830

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'House of Lords Journal Volume 16: 4 July 1698', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 338-341. URL: http://www.british-history.ac.uk/report.aspx?compid=13647 Date accessed: 20 August 2014.


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DIE Lunæ, 4 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Winton.
Epus. Rochester.
Epus. Norwich.
Epus. Peterborough.
Epus. Glocester.
Epus. Chichester.
Ds. Cancellarius.
Comes Pembroke, Ds. Privati Sigilli.
Dux Somersett.
Dux Richmond.
Dux South'ton.
Dux Ormond.
Dux Northumb'l'd.
Dux St. Albans.
Dux Newcastle.
March. Hallifax.
March. Normanby.
L. Great Chamberlain.
Comes Dorset & Middl'x.
Comes Bridgwater.
Comes Warwick.
Comes Denbigh.
Comes Manchester.
Comes Stamford.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bath.
Comes Radnor.
Comes Rochester.
Comes Portland.
Comes Montagu.
Comes Marlborough.
Comes Torrington.
Comes Scarborough.
Comes Bradford.
Comes Romney.
Comes Tankerville.
Comes Albemarle.
Comes Orford.
Ds. Bergaveny.
Ds. Audley.
Ds. Willughby Ers.
Ds. Lawar.
Ds. Wharton.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Howard Esc.
Ds. Mohun.
Ds. Raby.
Ds. Jermyn.
Ds. Vaughan.
Ds. Colpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkley Str.
Ds. Cornwallis.
Ds. Granville.
Ds. Dartmouth.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

PRAYERS.

Sally Rose Prize, to trade as an English Ship, Bill.

The Lord Bishop of London reported from the Committee, the Bill, intituled, "An Act to give Leave to the Ship Sally Rose (formerly taken as Prize) to arrive, and import her Lading, and to trade as an Englishbuilt Ship," as fit to pass, without any Amendment.

Hodie 3a vice lecta est Billa, intituled, "An Act to give Leave to the Ship Sally Rose (formerly taken as Prize), to arrive, and import her Lading, and to trade as an English-built Ship."

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.

St. John et al. versus Norton, in Error:

After hearing Counsel this Day, to argue the Errors assigned upon a Writ of Error, brought into this House the One and Twentieth Day of June, One Thousand Six Hundred Ninety-Eight, from the Court of Chancery, wherein John St. John and others are Plaintiffs, and Anne Norton Defendant:

Judgement affirmed.

After Consideration of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement, given in the Court of Chancery, for the said Anne Norton, against the said John St. John and others, shall be, and is hereby, affirmed.

The Tenor of which Judgement, to be affixed to the Record to be remitted, followeth; (videlicet,)

"Et postea, scilicet, Quarto Die Julii, Anno Regni Domini Nostri Gulielmi Tertii, nunc Regis Angl. &c. Decimo, in Cur. Parliament. sui vis. et per eandem Curiam Parliamenti diligent. examinat. et plenius intellect. tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Caus. pro Error. superius assignat. et allegat. videt. eidem Cur. Parliament. quod Record. ill. in nullo est Errat. Ideo per eandem Cur. Parliament. considerat. est, quod Judic. præd. in omnibus affirmetur, et in omni suo Robore stet et Effectu; dict. Caus. pro Error. superius assignat. et allegat. non obstan.; ac quod Record. et Process. præd. in præd. Cur. Cancellar. remittantur."

Bill for additional Duties on Whale Fins and Scotch Linen; to abate those on Glass Ware, &c.

After hearing Counsel, for and against the Bill, intituled, "An Act for taking away Half the Duties lately imposed on Glass Wares, and the Whole Duties lately laid on Stone, Earthen Wares, and Tobacco Pipes; and for granting (in Lieu thereof) new Duties upon Whale Fins and Scotch Linen:"

Hodie 2a vice lecta est Billa, intituled, "An Act for taking away Half the Duties lately imposed on Glass Wares, and the Whole Duties lately laid on Stone, Earthen Wares, and Tobacco Pipes; and for granting (in Lieu thereof) new Duties upon Whale Fins and Scotch Linen."

Hodie 3a vice lecta est Billa, intituled, "An Act for taking away Half the Duties lately imposed on Glass Wares, and the Whole Duties lately laid on Stone, Earthen Wares, and Tobacco Pipes; and for granting (in Lieu thereof) new Duties upon Whale Fins and Scotch Linen."

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.

Form of Judgement, and other Proceedings, on Impeachments for Crimes and Misdemeanors, Report of.

The Earl of Stamford reported from the Lords Committees appointed to inspect the Journals of this House, concerning the Method of Proceedings upon Impeachments, the Form of a Message to be sent to the Commons; and what the Lord Chancellor is to say to them, when the Prisoners and the Commons are at the Bar.

Which was read, and agreed to.

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

Message to H. C. that the Lords are ready to give Judgement against Goudet et al.

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

To acquaint them, that the Lords are ready to give Judgement against John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Dibarce, John Pearse, and John Dumaistre, who stand impeached by the House of Commons, if they, with their Speaker, will come to demand it.

The Messengers sent to the House of Commons, return Answer:

That they will send an Answer by Messengers of their own.

Message from thence, for Orders to clear Passages:

A Message was brought from the House of Commons, by Mr. Norris and others:

To acquaint their Lordships, that the Commons, with their Speaker, will immediately come to this House, to demand Judgement against John Goudet and others; and therefore desire that your Lordships will give Order, that the Painted Chamber and Passage to this House may be cleared.

Then the Commons were called in; and told, "That the Lords will give effectual Orders, that the Painted Chamber and Passages to this House shall be cleared immediately."

Prisoners brought to the Bar:

The Lords being all in their Robes; the said John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Dibarce, John Pearse, and John Dumaistre, were brought to the Bar (by the Gentleman Usher of the Black Rod and Serjeant at Arms); who, after low Obeisances made, kneeled until the Lord Chancellor bid them stand up.

Judgement demanded by the Commons.

Then the Commons being come, with their Speaker; he, in their Names, spake to this Effect; (videlicet,)

"My Lords,

"The Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves, and of all the Commons of England, demand your Lordships Judgement, against John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Diharce, Merchants, John Pearse Gentleman, and John Dumaistre Merchant, impeached by the Commons of high Crimes and Misdemeanors, of which they have confessed themselves Guilty."

Then the Lord Chancellor answered,

"Mr. Speaker;

Judgements pronounced

"John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santiny, Peter Diharce, John Pcarse, and John Dumaistre, having been impeached by the House of Commons of divers high Crimes and Misdemeanors; and they having severally confessed themselves Guilty of the Matters wherewith they stood charged by the Articles of Impeachment; this High Court doth adjudge:

"That John Goudet shall pay unto our Sovereign Lord the King the Sum of Fifteen Hundred Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine.

"That David Barrau shall pay unto our Sovereign Lord the King the Sum of Five Hundred Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine.

"That Stephen Seignoret shall pay unto our Sovereign Lord the King the Sum of Ten Thousand Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine.

"That Reney Baudowin shall pay unto our Sovereign Lord the King the Sum of Three Thousand Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine.

"That Nicholas Santiny shall pay unto our Sovereign Lord the King the Sum of Fifteen Hundred Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine.

"That Peter Diharce shall pay unto our Sovereign Lord the King the Sum of One Thousand Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine.

"That John Pearse shall pay unto our Sovereign Lord the King the Sum of One Thousand Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine, and for the Term of One whole Year afterwards.

"That John Dumaistre shall pay unto our Sovereign Lord the King the Sum of One Thousand Pounds; and that he shall be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine."

Then the Commons withdrew.

Goudet et al. committed to Newgate till their Fines are paid; and Pearse for a Year after.

The House of Peers having this Day given Judgement against John Goudet, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, "That he shall pay unto our Sovereign Lord the King the Sum of Fifteen Hundred Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Goudet shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of Fifteen Hundred Pounds; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

The House of Peers having this Day given Judgement against David Barrau, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, "That he shall pay unto our Sovereign Lord the King the Sum of Five Hundred Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said David Barrau shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of Five Hundred Pounds; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

The House of Peers having this Day given Judgement against Stephen Seignoret, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, "That he shall pay unto our Sovereign Lord the King the Sum of Ten Thousand Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Stephen Seignoret shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of Ten Thousand Pounds; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

The House of Peers having this Day given Judgement against Reney Baudowin, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, That he shall pay unto our Sovereign Lord the King the Sum of Three Thousand Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Reney Baudowin shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of Three Thousand Pounds; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

The House of Peers having this Day given Judgement against Nicholas Santiny, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, "That he shall pay unto our Sovereign Lord the King the Sum of Fifteen Hundred Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas Santiny shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of Fifteen Hundred Pounds; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

The House of Peers having this Day given Judgement against Peter Diharce, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, "That he shall pay unto our Sovereign Lord the King the Sum of One Thousand Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Peter Diharce shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of One Thousand Pounds; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

The House of Peers having this Day given Judgement against John Pearse, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, "That he shall pay unto our Sovereign Lord the King the Sum of One Thousand Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine, and for One Year afterwards:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Pearse shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of One Thousand Pounds, and for the Term of One whole Year afterwards; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

The House of Peers having this Day given Judgement against John Dumaistre, who hath confessed himself Guilty of the Articles of Impeachment exhibited against him, "That he shall pay unto our Sovereign Lord the King the Sum of One Thousand Pounds, and be imprisoned in Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Dumaistre shall be, and he is hereby, committed to the Prison of Newgate, there to be kept in safe and close Custody, until he shall have paid the said Fine of One Thousand Pounds; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of Newgate, his Deputies and Turnkeys, and every of them.

ORDERED, That the Gentleman Usher of the Black Rod do carry the said John Goudet and others to Newgate.

It being moved, "To make an Address to His Majesty, That the Fines upon John Goudet and others may be applied to Greenwich Hospital:"

Address to the King, for the Fines to be given to Greenwich Hospital.

An Address was offered, and read, as followeth; (videlicet,)

"We, the Lords Spiritual and Temporal in Parliament assembled, having, by our Judgement, fined John Goudet, David Barrau, Stephen Seignoret, Reney Baudowin, Nicholas Santini, Peter Diharce, John Pearse, and John Du Maistre, in several Sums, amounting in the Whole to the Sum of Nineteen Thousand Five Hundred Pounds, who were all impeached by the House of Commons of several high Crimes and Misdemeanors, and did plead Guilty to the said Impeachments; and we having likewise, by our said Judgement, imprisoned their Persons till the said Fines are paid; make this our humble Address to Your Majesty, to desire that the said Fines, when levied, may be wholly applied to the Use and Benefit of the Royal Hospital at Greenwich, that is erecting there for the Service of the disabled and aged Seamen of this Kingdom, which we hope may contribute considerably to the carrying on so charitable and pious a Work."

To which the House agreed.

ORDERED, That the Lords with White Staves do attend His Majesty with the Address.

Proceedings against the E. of Strafford, 1640 and 1641, Committee to inspect the Journals concerning.

Lords Committees appointed to inspect the Journals of this House in the Years 1640 and 1641, relating to the vacating and obliterating divers Proceedings therein, pursuant to the Act of 14° Car. IIdi, for reversing the Earl of Strafford's Attainder, and several Orders of this House pursuant thereunto; and to report their Opinion concerning the same to this House To-morrow, at the First Sitting thereof.

D. Somerset.
M. Halifax.
M. Normanby.
Comes Bridgewater.
Comes Manchester.
Comes Stamford.
Comes Scarsdale.
Comes Anglesey.
Comes Rochester.
Comes Marleborough.
Comes Bradford.
Comes Romney.
Comes Tankerville.
Ds. Wharton.
Ds. Raby.
Ds. Rockingham.
Ds. Godolphin.
Ds. Herbert.

Their Lordships, or any Three of them; to meet To-morrow, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Order for vacating written Protections, to be printed.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Order made the last Session of Parliament, on the Twentyseventh of January, One Thousand Six Hundred Ninetysix, for vacating all written Protections, shall be forthwith printed and published; and be put upon the Doors of this House, the Doors of Westminster Hall, The Royal Exchange in London, the Sheriffs Office, and other public Places, to the End all Persons who think themselves therein concerned may have Notice thereof.

L. Mohun pleads his Pardon:

The House being informed, "That Charles Lord Mohun (having obtained His Majesty's Pardon) was at the Door; and desired he might be called in, in order to plead the same, the Indictment and other Proceedings being before this House by Certiorari:"

After some Time, the Lord Mohun was permitted to come to the Bar; where he kneeled, until he was bid stand up.

Then the Lord Chancellor acquainted him, "That, at his Desire, the Lords had admitted him to plead his Pardon."

Then the Clerk of the Crown, in the King's Bench, who was present for this Purpose, read the Indictment to him in English; and asked him, "Whether he was Guilty or Not Guilty?"

He said, "he had His Majesty's Pardon."

Which was read; and bears Date 2° Die Julii, 1698°, Decimo Gul. Tertii.

The Pardon being allowed by the House, he withdrew.

His Bail discharged.

And it was ORDERED, That the Bail given in this House, and in the Court of King's Bench, for the Appearance of the said Charles Lord Mohun, shall be discharged.

L. Mohun takes his Seat.

Then the said Charles Lord Mohun delivered his Writ of Summons (upon the Death of his Father) at the Table; and took the Oaths, and made and subscribed the Declaration, pursuant to the Statute; and took his Place on the Barons Bench.

His Writ bears Date, 4° Die instantis Julii, Anno Decimo Gul. Tertii.

New Forest. great Abuses and Waste have been committed in it.

The Earl of Tankerville reported from the Lords Committees appointed to consider of what Abuses have been committed in The New Forest, the Examinations of several Persons relating thereunto.

Upon Consideration whereof, it is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it appears to this House, that there hath been very great Destruction of the Timber and Wood, and several other Abuses committed, within the said Forest.

Address to the King, for Prevention of them:

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, from this House, by the Lords with White Staves:

"That He will be pleased to give Direction for preventing, for the future, the Destruction of the Timber and Wood, and other Abuses committed, in the said Forest; the Preservation of the Timber there being of very great Consequence to the Safety and Honour of this Kingdom."

Bill for settling the Trade to the East Indies.

Hodie 3a vice lecta est Billa, intituled, "An Act for raising a Sum, not exceeding Two Millions, upon a Fund for Payment of Annuities after the Rate of Eight Pounds per Centum per Annum, and for settling the Trade to the East Indias."

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.

Adjourn.

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