House of Lords Journal Volume 14: 28 March 1689

DIE Jovis, 28 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marquis de Halyfax Speaker pro Tempore.

Message from H. C. with Prince George of Denmark's Bill.

A Message was brought from the House of Commons, by Sir Henry Capell Knight, and others; who said,

"He was commanded by the Commons to return the Bill, intituled, An Act for exhibiting in this present Parliament, an Act for naturalizing the Most Noble Prince George of Denmarke; to which they have agreed, without any Amendment."

Message from thence, with a Bill.

Another Message was brought from the House of Commons, by Mr. Herbert, and others:

Who brought up a Bill, intituled, "An Act for punishing Officers or Soldiers who shall mutiny, or desert Their Majesties Service;" to which the Commons desire their Lordships Concurrence.

Mutiny Bill.

Hodie 1^a et 3^a vice lecta est Billa, "An Act for punishing Officers and Soldiers who shall mutiny, or desert Their Majesties Service."

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

It was Resolved in the Affirmative.

Message from H. C. with the Bill for removing Papists from London.

Another Message was brought from the House of Commons, by Sir John Holt Knight and others:

Who returned a Bill formerly sent down to the Commons, intituled, "An Act for the amoving Papists and reputed Papists from the Cities of London and Westminster, and Ten Miles Distance from the same;" in which the Commons have made some Amendments and Additions, to which their Lordships Concurrence is desired.

The Amendments were read Twice alone, and then in Paragraphs; and then read the Provisos.

And, after Consideration thereof, the House agreed to the Amendments, but did not agree to the Provisos; and ordered these Lords following to withdraw presently, and prepare Reasons to be given to the House of Commons, at a Conference, for their not agreeing:

Reasons for disagreeing with the Commons Provisos.

The Earl of Pembrook reported from the Committee, the Reasons to be offered to the House of Commons at a Conference, for not agreeing in the Two Provisos. Which, being read and considered, were Agreed to.

The Reasons were these:

"The Alteration in the Proviso marked (A.) in the Sixth Line; instead of ["Two"], read ["Six"]:

"Because, within the Time of Two Months before the 13th of February, many may be supposed to have come up to this Town upon some Design, who were not Inhabitants here formerly.

"The Lords do not agree to the Proviso concerning the Queen Dowager:

"Because Her Majesty the Queen Dowager hath for so many Years made such moderate Use of the said Articles, that there hath not been any just Occasion of Complaint in Her Enjoyment of them; and it may seem at this Time to be a Kind of Severity to Her Majesty, to have those Articles still restrained, by virtue of that Act which was made for the Preservation of the Person of the King Her Husband, which Reason now ceases; and 'tis evident that in the Time of the late King James, when Her Majesty might have been encouraged to entertain more Persons of Her own Religion, most of Her Servants and those in the most considerable Places continued, and also others received into Her Family though Protestants; and it is conceived it may be of ill Consequence, if Her Majesty, by not living easily here, should be obliged to retire into Foreign Parts."

The House Agreed to these Reasons.

Message to H. C. for a Conference on this Subject; and that the Lords agree to the Mutiny Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Robert Le Gard:

1. To let the Commons know, that the Lords do agree to the Bill for punishing Officers or Soldiers who shall mutiny, or desert Their Majesties Service.

2. To desire a present Conference, in the Painted Chamber, concerning their Amendments in the Bill for the amoving Papists out of the Cities of London and Westminster.

The Messengers return with this Answer:

Answer.

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

The House appointed the same Lords who drew the Reasons to be Managers of this Conference.

Conference reported.

The Commons being come, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

And the Managers reported, "That they had delivered the Reasons at the Conference, as they were commanded."

Eyre versus Philips.

Whereas, by an Order of this House dated the 7th of March Instant, Robert Phillips Esquire was to put in an Answer this Day, to the Petition of Thomas Eyre Esquire:

This House being informed, "That he was not served with the said Order until the 23 Instant; and that, the Business being long, he could not instruct his Counsel, so as to get ready by this Day, and therefore desires a further Day for that Purpose;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Phillips Esquire hath hereby longer Time given him for answering thereunto, until Saturday the 13th of April next, at Ten of the Clock in the Forenoon.

Bill for uniting Protestants.

ORDERED, That the Debate upon the Report of the Bill, intituled, "An Act for uniting Their Majesties Protestant Subjects," be, and is hereby, adjourned, to be taken up the First Day of the Meeting of this House after the Recess.

L. Hatton, Leave to be absent.

ORDERED, That the Lord Viscount Hatton hath Leave to go into the Country for his Health, he being resolved to attend this House in a short Time.

Harvey versus L. Holles.

Upon reading the Petition and Appeal of John Harvey Esquire, and Isabella his Wife, and their Trustees, Plaintiffs, and the Right Honourable Francis Lord Holles Defendant, complaining of a Decree made in the Court of Chancery, the 30th of May 1682, wherein Sir Robert Carr was decreed to pay 10,360£. 9s.; as also of another Decree made by the Lord Chancellor Jefferyes, in the said Cause, the 5th Day of February 1686, wherein he decreed Sir Robert Carr to pay above the Sum of 16,000£. and other Things in the said Petition set forth, and praying Relief therein:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Holles may have a Copy of the said Petition; and be, and is hereby, appointed to put in his Answer thereunto in Writing on Monday the 15 Day of April next, at Ten of the Clock in the Forenoon; whereof the said John Harvey and Isabella his Wife are to cause timely Notice to be given to the said Lord Holles, to the End he answer accordingly.

Writs of Error brought in.

This Day Justice Dolben, One of the Justices of the Court of King's Bench, brought in Two Writs of Error.

One, between Eyre Adderly versus Rodney Ar.

The other, between Strode versus Rodney.

Adjourn.

Marquis de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 3^um diem Aprilis, 1689, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 30 of May, 1689,

J. Bridgewater.
Craven.
North & Grey.