House of Lords Journal Volume 14: 22 April 1689

DIE Lunæ, 22 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M. de Halyfax Speaker pro Tempore.

Message to H. C. that the Lords have passed the Bill for Exportation of Corn.

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

To acquaint them, that this House hath passed the Bill for encouraging the Transportation of Corn.

Cooke's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Younger Cooke to sell Lands, to pay his Debts, and provide for his Younger Children."

Yarmouth Pier Bill.

Hodie 1^a vice lecta est Billa, "An Act for the explaining and making effectual a Statute made in the First Year of King James the Second, concerning the Haven and Piers of Great Yarmouth."

Bill to reverse Mrs. Lisle's Attainder.

A Bill was offered to the House, recommended from His Majesty; which was received, and read; videlicet,

Hodie 1^a vice lecta est Billa, "An Act for annulling and making void the Attainder of Alicia Lisle, Widow."

Heads for a Conference on the Bill for abrogating the Oaths.

The Earl of Nottingham reported from the Committee, the Reasons to be offered to the House of Commons, in Answer to the Reasons of the Commons given at the last Conference, concerning the Amendments in the Bill for abrogating the Oaths of Allegiance and Supremacy.'

The said Reasons were read; videlicet,

Reasons to be offered to H. C. for not agreeing with them.

"In Answer to the First and Second Reasons of the House of Commons; 'tis agreed, that the Policy of the Law requires Men to swear Allegiance; and that 'tis the common and necessary Duty of all Subjects, and especially of the Clergy: But the Lords do not exempt them from taking these Oaths, but only differ with the House of Commons about the Method by which they should be tendered.

"To the Third Reason; if the Lords should agree that 'tis better to tender the Oaths in open Court than privately; yet that is not a sufficient Reason against the Tendering them by Persons appointed by the King in Council, because the Officers and Judges of the Court may be so appointed by virtue of the Clause offered by the Lords; or, if it be not clearly enough expressed, it may be inserted more explicitly.

"To the 4th; the Clergy will be required to take the Oaths by such Order in Council as is proposed by the Lords; and their not appearing, when so summoned, will amount to a Refusal; or, if it should not, the Lords would agree to any such Addition as would make it so.

"To the other Reasons; the Clergy and the Members of the Universities are not distinguished from the Laity, because, upon presenting to any Degree or Preferment, they will be equally with all others obliged to take the Oaths; and even those that are already in such Stations will be obliged to take the Oath, when required by Order of Council. And it seems to conduce more to the Settlement and Safety of the Government, that the King should be empowered to put the Eidelity of the Clergy to a Trial immediately, than to leave any who are ill-affected to the Government so much Time as to the First of August, to be all that while undermining it.

"The Clergy are obliged, by the Prayers which they must read in the Daily Service, but most particularly in the Communion Service, to make such express and solemn Declarations of their Fidelity to the King and Queen by Name, that the putting them to the taking the Oaths is not so necessary to the Public Safety as in other Persons, who are not bound to make such frequent Declarations of their Fidelity.

"In so critical a Time as the present is, it is not to be doubted but, upon any Cause of apprehending their ill Affections to the Government, the tendering the Oaths by Order in Council will not only take off all Imputations of Hardship from His Majesty; but justify, and even require, a more rigorous Way of Proceeding against those that shall give any Cause of Offence.

"Since, during Queen Elizabeth's long and glorious Reign, in which She had both the pretended Title of the Queen of Scots and the deposing Power assumed by the Popes to apprehend, this was found to be the safest Way for the public Quiet; and the ill Effects of leaving the tendering the Oaths to the Queen's Discretion not having appeared in all that Time of so much Danger, and so many Conspiracies against Her Person, the following a Pattern taken from the best Part of our History seems more suitable to the present Time, than the falling on other Methods; which the Lords think a sufficient Answer to the last Reasons given by the House of Commons."

These Reasons, being read, and agreed, were ordered to be delivered, at a Conference, to the House of Commons.

Message to H. C. for this Conference.

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

To desire a present Conference, in the Painted Chamber, concerning Matter of the last Conference, touching the Bill for abrogating the Oaths of Allegiance and Supremacy.

The Messengers return with this Answer:

Answer.

That they will give a present Conference, as is desired.

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

Message from them, for a Free Conference on the same Subject.

A Message was brought from the House of Commons, by Sir John Guye and others:

To desire a Free Conference, touching the Subjectmatter of the last Conference.

The Answer returned was:

That their Lordships will give a Free Conference; and appoints the same to be presently, in the Painted Chamber.

The House appointed these Lords to manage this Free Conference:

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

The Earl of Huntingdon reported, from the Committee of Privileges, the Case of the Earl of Devon; which was read; videlicet,

Report concerning the Proceedings against the E. of Devon, in the King's Bench, for assaulting Culpeper.

"ORDERED, To report, that their Lordships are of Opinion, that the Proceedings against the Earl of Devon, in the Court of King's Bench, in Easter Terme, in the Third Year of King James the Second, upon an Information for an Assault upon Mr. Culpeper, wherein his Lordship's Plea of Privilege of Parliament was over-ruled, and he was fined Thirty Thousand Pounds, and thereupon committed to The King's Bench in Execution, was a great Violation of the Privileges of the Peers of this Realm.

"Their Lordships are likewise of Opinion, That those Judges who sat in the said Court when the said Judgements were given, and the said Commitment made, should be required to attend at the Bar of this House, to answer for the great Offence which they committed thereby."

Hereupon the House made these Orders following:

Records of the Crown-office, concerning it, to be brought in:

"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerk of the Crownoffice in the King's Bench do bring into this House the Records of that Office, wherein the Proceedings in the Court of King's Bench against the Earl of Devon are entered, in Easter Terme, 3° Jacobi Secundi, upon an Information for an Assault upon Mr. Culpeper, on Saturday the 4th of May next, at Ten of the Clock in the Forenoon.

"To Sir Samuell Astry, Clerk of the Crown in the King's Bench, his Deputy and Deputies, and every of them."

Sir Robert Wright to be brought to the Bar about it:

"Upon Report from the Committee of Privileges, concerning the Prosecution of the Earl of Devon, upon an Information in the King's Bench: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of the Prison of Newgate be, and is hereby, required to bring in safe Custody, to the Bar of this House, Sir Robert Wright, now in his Custody, on Saturday the 4th of May next, at Ten of the Clock in the Forenoon; and this shall be a sufficient Warrant on that Behalf.

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

Sir Rich. Holloway, Petit, and Bradbury, and Judge Powel, to attend about it.

"Upon Report from the Committee for Privileges, concerning the Prosecution of the Earl of Devon, upon an Information in the King's Bench: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Richard Hollaway be, and is hereby, required to attend this House, on Saturday the 4th of May next, at Ten of the Clock in the Forenoon; and hereof he may not fail."

"ORDERED, That Mr. Petitt and Mr. Bradbury do attend this House, on Saturday the 4th of May next, at Ten of the Clock in the Forenoon."

"ORDERED, That Mr. Justice Powell do attend this House, on Saturday the 4th of May next, at Ten of the Clock in the Forenoon."

Report of the Conference.

ORDERED, That the Report of the Free Conference had this Day with the Commons be, and is hereby, adjourned until To-morrow, at Ten of the Clock in the Forenoon; the First Business, and nothing to intervene.

Lords summoned.

ORDERED, That all the Lords in and about the Town be summoned to attend this House, at Ten of the Clock To-morrow Morning.

Bill to take away Hearthmoney.

The Lord Viscount Newport reported from the Committee, the Bill for taking away the Revenue of the Hearth-money, with Two Provisos; which are offered to the Consideration of the House.

The said Provisos were read; but not agreed to by the House.

Hodie 3^a vice lecta est Billa, "An Act for the taking away the Revenue arising by Hearth-money."

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

It was Resolved in the Affirmative.

The Archbishop of Yorke, the Bishop of Winton, Bishop of London, the Bishop of St. Asaph, and the Bishop of Sarum, are added to the Committee for the Bill against Simoniacal Promotions.

Sir S. Bernardiston versus Regem, in Error.

The House was moved, "That a Day may be appointed, for hearing the Errors argued between Sir Samuell Bernardiston and the King:"

It is ORDERED, That this House will hear the said Errors argued, by Counsel, on Monday the Sixth Day of May next, at Ten of the Clock in the Forenoon.

Eyre versus Eyre, London, & al.

The House was moved, for a Day of Hearing of the Cause depending in this House, between Eyre, and Eyre and others:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar; on Friday the Third Day of May next, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the Defendants.

E. Rivers versus E. of Derby & al.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause depending in this House, wherein the Earl Rivers is Plaintiff, and the Earl of Derby and others are Defendants, shall be heard, by Counsel on both Sides, at the Bar, on Saturday the 27th Instant, at Ten of the Clock in the Forenoon.

Serle, alias Savery's Bill, rejected.

This Day, according to the Order of the House, Counsel were heard, for supporting the Bill, intituled, "An Act to enable Isaac Savery, of the City of Exceter, Gentleman, to take upon him the Surname of Serle; and also the Counsel of those who did oppose the passing thereof:"

And, after Consideration of what had been offered,

The Question was put, "Whether this Bill shall be read the Third Time?"

It was Resolved in the Negative.

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 23^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.