BHO

House of Lords Journal Volume 14: 1 May 1689

Pages 197-199

Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

Table of contents

DIE Mercurii, primo die Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Yorke.
Epus. London.
Epus. Winton.
Epus. Landaffe.
Epus. St. Asaph.
Epus. St. David's.
Epus. Sarum.
Marq. de Halyfax, C. P. S.
Dux Cumberland.
Dux Norfolk, Comes Maresc.
Dux Grafton.
Dux Ormond.
Dux Beaufort.
Dux de Bolton.
Comes Lyndsey, L. Great Chamberlain.
Comes Devon, L. Steward.
Comes Oxon.
Comes Shrewsbury.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Pembrooke.
Comes Suff.
Comes Bridgewater.
Comes Clare.
Comes Bolingbrooke.
Comes Manchester.
Comes Mulgrave.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Scarsdale.
Comes Anglesey.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Sussex.
Comes Ferversham.
Comes Maclesfeld.
Comes Nottingham.
Comes Rochester.
Comes Mountagu.
Comes Fauconberg.
Comes Marlborough.
Comes Monmouth.
Comes Portland.
Vicecomes Newport.
Vicecomes Weymouth.
Vicecomes Sydney.
Ds. Delawarr.
Ds. Morley.
Ds. Grey de Ruthin.
Ds. Eure.
Ds. Wharton.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Herbert.
Ds. Jermyn.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Cornwallis.
Ds. Delamer.
Ds. Carteret.
Ds. Ossulston.
Ds. Darthmouth.
Ds. Godolphin.
Ds. Cholmondley.
Ds. Brooke.

PRAYERS.

M. de Halyfax Speaker pro Tempore.

Bill for Conviction and Disarming of Papists.

Hodie 3a vice lecta est Billa, "An Act for the more speedy Disarming of Papists."

The Question being put, "Whether this Bill, with the Amendments, shall pass into a Law?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Metwin:

To return the Bill for the more speedy Disarming of Papists; wherein the Lords have made several Amendments, to which the Concurrence of the Commons is desired.

2. To put the Commons in Mind of a Bill formerly sent down, intituled, "An Act for the better Regulation of Trials."

Coventry House Bill.

Hodie 2a vice lecta est Billa, "An Act for the Sale or Leasing the Capital Messuage (late Henry Coventry's Esquire) in Piccadilly."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Dux Cumberland.
Dux Grafton.
Dux Beaufort.
Comes Huntingdon.
Comes Bridgewater.
Comes Bolingbrooke.
Comes Mulgrave.
Comes Stamford.
Comes Winchilsea.
Comes Craven.
Comes Feversham.
Comes Maclesfeld.
Comes Rochester.
Comes Fauconberg.
Vicecomes Newport.
Vicecomes Weymouth.
Epus. Winton.
Epus. St. Asaph.
Epus. Sarum.
Ds. Eure.
Ds. Brooke.
Ds. Grey de Warke.
Ds. Jermyn.
Ds. Colepeper.
Ds. Lucas.
Ds. Cornwallis.
Ds. Delamer.
Ds. Ossulston.

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

Delays of Judgements redressed in Parliament.

The Earl of Huntington acquainted the House, That he was ordered to report, from the Committee of Privileges, That they finding the Statute of 14 E. III. Cap. 5. intituled, "Delays of Judgements in other Courts shall be redressed in Parliament," is still in Force; by which Statute it is enacted, "That at every Parliament shall be chosen a Prelate, Two Earls, and Two Barons, who shall have Commission from the King, to hear, by Petition, all Complaints of Delays or Grievances done to them, in the Chancery, King's Bench, Common Pleas, and Exchequer:" Upon which, their Lordships having advised with Mr. Pettit, he delivered in a Report in Writing, which their Lordships offer to the House to be read; which was read, (videlicet,)

"As concerning the Statute of the 14 Edw. III. whereby it is ordained, That Delays of Judgements in other Courts should be redressed in Parliament.

Poulton's Stat. 14 E. III. c. 5.

"The Statute recites, that divers Mischiefs had happened, for that in the Chancery, King's Bench, Common Pleas, and Exchequer, &c. Judgements had been delayed, sometimes for Difficulty, and sometimes for divers Opinions of the Judges, and sometimes for other Causes; for which Reasons, it was enacted, That at every Parliament there should be chosen a Prelate, Two Earls, and Two Barons, who were to be commissioned to hear, by Petition, such Complaints of such Delays and Grievances, and to cause to come before them the Judges, and the Tenor of the Records and Processes of Judgements so delayed; and, by Advice of the Chancellor and the Treasurer, and the Justices of both Benches, and as many of the King's Counsel as they should think fit, to direct what Judgement the Court should give.

"And in case it should seem to them, that the Difficulties be so great, that they may not well be determined without Assent of the Parliament, that the said Tenor or Tenors should be brought, by the said Prelate, Earls, and Barons, into the next Parliament; and there a final Accord should be taken, what Judgement ought to be given in the Case.

"I cannot now tell how well the Statute was executed in every Parliament in the long Reign of Edw. the IIId; but, no Doubt, many Examples may be found in the Execution thereof, among the Records in The Tower.

Rot Parl. 9 R. II. pars 3. n. 31. dorso. De audiendo Querelam Thomæ Lovel, de Assensu Parliamenti.

"And this is certain; that, in 9° Rich'i IIdi, there was a Commission granted, wherein this Statute of the 14th of King Edw. the IIId is recited at large. The Commission was made to 13 Commissioners, de audiendo Querelam Thomæ Lovel, de Assensu Parliamenti; commanding the Chancellor, the Treasurer, the Justices, and others of the King's Counsel, to attend and assist the said Commissioners.

"So that I conceive the Statute 14° Edw. IIId is still in Force; but there are Two Things, which will be necessary, to put it in Execution.

"The First is, That such Prelate, Earls, and Barons, must be nominated by Assent of Parliament.

"The Second is, That there must be a Commission under the Great Seal granted by the King to them.

"Wm. Petyt."

Upon Report from the Committee for Privileges, It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Petyt Esquire do search what Commissions or Proceedings may be found amongst the Records in The Tower, or elsewhere, pursuant to the Act 14° Edw. IIIii, c. 5. intituled, "Delays of Judgements in other Courts shall be redressed in Parliament;" and report the same to this House.

Report concerning the Seven Bishops.

The Earl of Huntingdon made another Report from the Committee of Privileges, "That the Duke of Grafton, the Lord Lovelace, the Archbishop of Canterbury, the Bishops of St. Asaph, Bristol, Peterburrough, Ely, Bath and Wells, and Chichester, having been desired by the Lords of the Committee to cause to be brought this Day before their Lordships, a Relation in Writing of the Proceedings against their Lordships, in the Court of King's Bench, in Prejudice to the Privileges of the Peers in general, as well as to their Persons in particular; which having not been done by any of the said Lords, that it is the Opinion of the Committee, That the House be moved to take some effectual Order therein."

Proceedings against the Seven Bishops to be brought in.

Upon Report from the Lords Committees for Privileges, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Ince do attend their Lordships, with an Account, in Writing, of the Proceedings that were had, in the Court of King's Bench, against the Archbishop of Canterbury, the Bishop of Bath and Wells, the Bishop of St. Asaph, the Bishop of Bristol, Bishop of Ely, Bishop of Chichester, and Bishop of Peterborough, in Trinity Terme last.

Newcomb versus Bonham.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Thomas Newcombe and Dorothy his Wife, complaining of a Decree made by the late Lord Keeper North, and a Dismission of their original Bill, for the reversing of a Decree made by the Lord Chancellor Nottingham; as also upon the Answer of Thomas Bonham and Alice his Wife put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Thomas Newcomb and Dorothy his Wife be, and is hereby, dismissed this House.

King present.

The King being in His Throne, adorned with His Regal Crown and Royal Robes and Ornaments, and His Ministers of State attending Him round about, in their Robes and Ensigns of their several Places, and all the Peers being in their Robes; the Gentleman Usher of the Black Rod, by Command from His Majesty, went to the Commons, to signify His Pleasure, "That they come presently to attend His Majesty."

Who being come, with their Speaker; he made a short Speech; videlicet,

"May it please Your Majesty,

Speaker of H. C's Speech.

"The Commons assembled in this present Parliament have taken into their most serious Consideration the deplorable Condition of Ireland; where those fatal Counsels that did so long govern the Affairs of these Kingdoms have so far prevailed, that the Arms and Garrisons there have been taken from Your Protestant Subjects, and put into the Hands of Irish Papists; and the English Protestants that remain there left naked and defenceless, in the Power of those Enemies which never yet shewed them any Mercy when they had them at an Advantage.

"Nor is it the Strength of the Irish Natives only, animated with their Zeal for Popery, and a longing Desire to free themselves from any Dependency upon the Crown of England, that is likely to create Your Majesty an Opposition there; but they have likewise cast them under the Protection of the French King, who will without Doubt employ that Force, with which of late Years He hath overawed Europe, to support those Your rebellious Subjects; thereby, if possible, to give Your Majesty a Diversion from opposing in other Parts of the World His ambitious Designs of an universal Monarchy.

"The Commons, therefore, seeing so evident a Necessity of reducing that Kingdom under Your Majesty's Obedience, and the great Expence Your Majesty must undergo in maintaining such a War, do now humbly present to Your Majesty their hearty Assistance, in a Poll Bill, which they look upon as the most speedy and effectual Way of raising ready Money on this Occassion; solemnly engaging themselves to supply Your Majesty with such further Aid as may be proportionable to the Charge of the War, as long as it shall continue.

"Next to this, they have considered of Your Majesty's Revenue, and the Charges that are upon it, as also the Complaints against several Exactions which have been practised in the late Collection; but, these Matters requiring a longer Time to examine than they expected, they have passed a short Bill for the Continuance of it in the same State it now stands, till Christmas next; within which Time, they doubt not to prepare such an Establishment as may fully supply the Expences of the Crown, without oppressing the People."

Which Speech being ended, the Clerk of the Parliaments received the Two Bills from the Speaker, and brought them to the Table.

The Clerk of the Crown read the Titles:

Bills passed.

"1. An Act for raising Money, by a Poll and otherwise, towards the reducing of Ireland."

"2. An Act for preventing Doubts and Questions concerning the collecting the Public Revenue."

And then the Clerk of the Parliaments pronounced the Royal Assent, in these Words,

"Le Roy et la Reyne, remerciant leur loyals Subjects, et acceptant leur Benevolence, et ainsi le veulent."

Then the Clerk of the Crown read the Title of a Private Bill; being,

"An Act to enable Younger Cooke Esquire to sell Lands, to pay his Debts, and provide for his Younger Children."

The Royal Assent was pronounced, in these Words,

"Soit fait come il est desiré."

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 2um diem Maii, 1689, Dominis sic decernentibus.