House of Lords Journal Volume 16
24 March 1699

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 16: 24 March 1699', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 414-417. URL: http://www.british-history.ac.uk/report.aspx?compid=13708 Date accessed: 02 September 2014.


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DIE Veneris, 24 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Winton.
Epus. Roffen.
Epus. Menev.
Epus. Sarum.
Epus. Bangor.
Epus. Cester.
Epus. Petrib.
Epus. Gloucestr.
Epus. Bristoll.
Epus. Cicestr.
Dux Cumberland.
Ds. Cancellarius.
Dux Leeds, Præses.
Comes Pembroke, C. P. S.
Dux Devon, Ds. Senescallus.
Dux Richmond.
Dux Southampton.
Dux Northumberland.
Dux Newcastle.
March. Halifax.
March. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Oxon.
Comes Derby.
Comes Kent.
Comes Huntingdon.
Comes Suffolke.
Comes Leicester.
Comes Denbigh.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Chesterfield.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bathe.
Comes Burlington.
Comes Feversham.
Comes Maclesfeld.
Comes (fn. *) Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Portland.
Comes Montagu.
Comes Torrington.
Comes Warrington.
Comes Bradford.
Comes Romney.
Comes Tankerville.
Comes Grantham.
Viscount Hereford.
Viscount Townshend.
Viscount Longueville.
Ds. Bergevenny.
Ds. Audley.
Ds. Ferrers.
Ds. Willughby Br.
Ds. Wharton.
Ds. Howard Esc.
Ds. Raby.
Ds. Leigh.
Ds. Byron.
Ds. Culpeper.
Ds. Lucas.
Ds. Lexington.
Ds. Berkeley S.
Ds. Cornwallis.
Ds. Craven.
Ds. Dartmouth.
Ds. Guilford.
Ds. Joffreys.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Haversham.
Ds. Barnard.

PRAYERS.

E. of Derby takes the Oaths.

This Day William Earl of Derby took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Message from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for the speedier and more easy discharging of Seizures in the Exchequer, upon Outlawries in Civil Causes;" to which they desire the Concurrence of this House.

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

Who brought up a Bill, intituled, "An Act for opening the ancient, and making any new, Roynes and Water-courses, in and near Sedgemore, in the County of Somerset, for rendering the said Moor more healthful and profitable to the Inhabitants;" to which they desire the Concurrence of this House.

Message from thence, to return Montargier & al. Nat. Bill; and

A Message was brought from the House of Commons, by Sir Theophilus Oglethorpe and others:

To return the Bill, intituled, "An Act to naturalize John de Philiponeau Sieur de Montargier, and others;" and to acquaint this House, that they have agreed to the Lords Amendments made to the said Bill. Also,

Barraileau & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Peter Barailleau and others;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Ship Charles, to trade as a free Ship, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the Ship Charles Flyboate, of Exeter, to trade as a free 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.

Fishmongers against Billingsgate Market, Bill.

Upon reading the Petition of the Fishmongers in and about the City of London; praying, "That they may be heard, by their Counsel, before the passing of the Bill, intituled, An Act for making Billingsgate a free Market for the Sale of Fish:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, as desired, on Tuesday the Fourth Day of April next, at Ten of the Clock in the Forenoon; and also any other Persons who shall think themselves concerned therein.

Ulster Society of London versus Bp. of Derry.

Upon reading the Petition of the Society of the Governor and Assistants, London, of the new Plantation in Ulster, in the Kingdom of Ireland:

These Lords following were appointed to consider thereof, and what is fit to be done thereupon; and, having heard such Persons concerning the same as they shall think fit, are afterwards to report to the House:

Dux Leeds, Ds. Præses.
Comes Pembroke; Ds. P. S.
Dux Devon Ds. Senescallus.
Dux Somerset.
Dux Newcastle.
M. Halifax.
M. Normanby.
Comes Lindsey, Ds. Magnus Camerarius.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Suffolke.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Chesterfield.
Comes Thanet.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Bathe.
Comes Burlington.
Comes Feversham.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Montagu.
Comes Marleborough.
Comes Scarbrough.
Comes Warrington.
Comes Tankerville.
Comes Orford.
Comes Grantham.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Epus. London.
Epus. Roffen.
Epus. Menev.
Epus. Sarum.
Epus. Bangor.
Epus. Cestr.
Epus. Norwic.
Epus. Petrib.
Epus. Cicestr.
Ds. Bergevenny.
Ds. Audley.
Ds. Willughby Er.
Ds. Ferrers.
Ds. Dudley.
Ds. Willughby Br.
Ds. Wharton.
Ds. Hunsdon.
Ds. Howard.
Ds. Raby.
Ds. Leigh.
Ds. Byron.
Ds. Culpeper.
Ds. Lucas.
Ds. Berkeley.
Ds. Granville.
Ds. Craven.
Ds. Osborne.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.

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.

Report of Method of Trials E. Pembroke and L. Mohun:

The Earl of Manchester reported from the Lords Committees appointed to consider of the Methods and Ceremonies used at the Trials of the Earl of Pembroke and Lord Mohun, as they were abstracted out of the Journals of this House.

Whereupon the following Orders were made; (videlicet,)

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the same Method shall be observed, in the Proceedings to the Trials of Edward Earl of Warwick and Holland, and Charles Lord Mohun, as they were reported this Day to be observed at the Trial of Philip Earl of Pembroke in 1677."

Peers Tickets:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Peers, who have been present this Session of Parliament, shall have Eight Tickets for Places in Westminster Hall, at the Trials of Edward Earl of Warwick and Holland and Charles Lord Mohun; and also each Bishop, that hath attended this Session, Four Tickets."

None to be admitted but those who have a Right:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Person whatsoever shall be admitted to be present in the Court, at the Trials of Edward Earl of Warwick and Holland and Charles Lord Mohun, but those who have a Right to be there; and that the Lord Great Chamberlain do give Order, and the Officers of this House do take special Care, that this Order be observed accordingly."

Surveyor General to prepare Places:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Christopher Wren, His Majesty's Surveyor General, do prepare Seats in Westm'r Hall, at the Trial of Edward Earl of Warwick and Holland and Charles Lord Mohun, for Seven Hundred and Fifty Persons to sit in, who shall have Tickets from the Peers and Lords of this House."

Box for the Tickets:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Trunk, or Box, be prepared, to keep the Tickets in when delivered in the Hall by those Persons who are let into Places; and the Box to be locked up, and the Key to be kept by the Clerk."

One Door into the Court:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That there shall be but One Door, or Entrance, into the Court in Westminster Hall, for those that have Peers Tickets; and that Door, or Entrance, to be kept by One of the Doorkeepers of this House, who is, at his Peril, to let none in but such as bring their Tickets with them; and to receive their Tickets as they enter, and put them into a Box, or Trunk, that is to be provided for that Purpose, to be delivered to such Doorkeeper locked up, and the Key to remain with the Clerk."

Two First Benches for Peeresses, &c.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Great Chamberlain do take Care, and give Order, that the Two First Benches on each Side the Court in Westminster Hall be kept for Peeresses and their Daughters only."

King's Counsel to attend:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General and Counsel at Law have Notice to attend, at the Trial of Edward Earl of Warwick and Holland and Charles Lord Mohun, in Westm'r Hall, on Tuesday the Eight and Twentieth Day of this Instant March, at Ten of the Clock in the Forenoon."

Clerk of the Crown in King's Bench to attend:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk of the Crown in His Majesty's Court of King's Bench, and his Deputy, do attend, at the Trials of Edward Earl of Warwick and Holland and Charles Lord Mohun, in Westm'r Hall, on Tuesday the Eight and Twentieth Day of this Instant March, at Ten of the Clock in the Forenoon."

Carts and Drays not to pass.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Steward of Westminster, his Deputy or Deputies, Constables, and other Officers, do take special Care, and give strict Orders, that no Carts or Drays be suffered to pass to or fro, within the Streets, on Tuesday the Eight and Twentieth Day of this Instant March, between Chareing Cross and The Old Palace Yard Westminster, between the Hours of Six of the Clock in the Morning, and Nine of the Clock at Night of the same Day; and hereof special Care is to be taken, as the contrary will be answered to this House.

"To the Steward and Bailiff of Westm'r; and to all Justices of the Peace, Constables, and other Officers, whom it doth or may concern."

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments (the Peers being also in their Robes); commanded the Gentleman Usher of the Black Rod to go to the House of Commons, and let them know, "It is His Majesty's Pleasure, that they attend Him presently."

Who being come, with their Speaker; the Clerk Assistant read the Titles of the Bills following; to which His Majesty was pleased to give His Royal Assent; (videlicet,)

Bills passed.

"1. An Act to prohibit the excessive distilling of Spirits and Low Wines from Corn, and against the exporting of Beer and Ale; and to prevent Frauds in Distillers."

"2. An Act to enlarge the Trade to Russia."

"3. An Act for preventing irregular Proceedings of Sheriffs and other Officers, in making the Returns of Members chosen to serve in Parliament."

"4. An Act for the clearing, repairing, preserving, and maintaining, the Haven and Piers of Great Yarmouth, in the County of Norfolke."

"5. An Act for making and keeping the River Tone navigable from Bridgewater to Taunton in the County of Somerset."

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

"Le Roy le veult."

Then the Bills following were passed; (videlicet,)

"6. An Act for the Ships Margaret and Friendship, of Bristoll, to trade as free Ships."

"7. An Act to naturalize James St. Pierre, John Denty, and Remond Hensbergh."

"8. An Act to naturalize Charles de Sibourg and Francis St. George."

"9. An Act to naturalize William Lloyd, Cornelius de Witt, and Godfrey Lloyd."

"10. An Act to naturalize Isaac Gouyquett D'St. Eloy."

"11. An Act to naturalize John Meoles."

"12. An Act for the Relief of the Creditors of Sir Robert Vyner Knight and Baronet, deceased."

"13. An Act for the Naturalization of Theophilus Rabesineres and others."

"14. An Act for the enabling George Penne Esquire to sell Lands, for the Payment of Debts, and other Purposes therein mentioned."

"15. An Act to naturalize Philip Chenevix and others."

"16. An Act to naturalize William Lower, William Darnell, and Peter Godby."

"17. An Act for naturalizing Anthony Coulombiere and others."

"18. An Act to naturalize George Burnett."

"19. An Act to naturalize Marke Anthony Davesseins de Moncall and David Loches."

"20. An Act for the Naturalization of John Francis de Carcassonet and others."

"21. An Act for naturalizing Captain Thomas Browne and others."

"22. An Act to naturalize John de Philiponeau Sieur de Montargier, and others."

"23. An Act for naturalizing Peter Barailleau and others."

"24. An Act for the Ship Charles Flyboate, of Exeter, to trade as a free Ship."

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

"Soit fait come il est desiré."

Then His Majesty was pleased to withdraw; and the Commons went to their House.

The House was adjourned during Pleasure.

The House was resumed.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Richard Cox and others:

Who brought up a Bill, intituled, "An Act to prevent Settlements made by Papists from disinheriting their Protestant Heirs;" to which they desire the Concurrence of this House.

D. Northumberland's Privilege:

Upon Oath made, at the Bar of this House, "That John Smith, menial Servant to his Grace George Duke of Northumberland, was arrested, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament, at the Suit of Thomas King Citizen and Wine-cooper of London, by one Jacob Broad, Bailiff to the Sheriff of Middl'x, who spoke very opprobrious Words against the said Duke:"

Broad to be attached, for arresting Smith, his Servant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Jacob Broad, and keep him in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

To Peter Persehouse Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them, and to all Mayors, Sheriffs, Bailiffs, Constables, and other Officers, to be aiding and assisting in the Execution hereof.

Smith discharged.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Smith, menial Servant to his Grace the Duke of Northumberland, shall be, and he is hereby, discharged from the Bail or Imprisonment he now lies under, without any Fees; and this shall be a sufficient Warrant on that Behalf.

To the Keeper of The Fleet Prison, his Deputies and Turnkeys, and all others who are concerned herein.

Capt. Desborow's Pet. Report about:

The House took into Consideration the Report from the Lords Committees appointed to consider of the Petition of Captain Desborow.

And Mr. James Petre, being called in, was sworn; and delivered Copies of the Depositions taken at the Council of War, when Captain Desborow was broke at Newfoundland.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Eleven of the Clock, this House shall be put into a Committee, to consider further of the Report made the One and Twentieth Instant, upon the Petition of Captain Desborow; and that all the Lords be summoned to attend.

Bridgeman and Marriot to attend:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Bridgeman Esquire late Secretary to the Admiralty, and Mr. Marriot Doorkeeper thereunto, do attend this House Tomorrow, at Eleven of the Clock in the Forenoon.

E. of Warwick, Witnesses to attend.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Colonel Bissett, Captain Dymond, Richard Baker, George Kirke, Mrs. Hill, Mr. Amey, Mrs. Amey, Samuel Cawthorn, William Salmon, William Cripps, James Craile, Captain David Ward, Captain Loftus Duckingfeild, Captain Edmund Keating, Mr. Charles Harman, Mr. Disney, Mr. French, Mr. James, and Mr. Dockwray, do attend this House, as Witnesses, to be examined at the Trial of Edward Earl of Warwick and Holland, in Westm'r Hall, upon Tuesday the Eight and Twentieth Day of this Instant March, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) vicesimum quintum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.

Footnotes

* Bis.