House of Lords Journal Volume 14: 10 November 1690

DIE Lunæ, 10 die Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Broomhall versus Johnson.

Upon reading the Petition of Thomas Bromhall, an Instant; shewing, "That his Guardian is in the County of Salop; and praying that another responsible Person may enter into Recognizance for him:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Doctor Evans may enter into Recognizance for him, as is desired.

Williams versus Powel.

Upon reading the Petition of John Williams; shewing, "That he, being in Wales, cannot personally enter into a Recognizance, as is usual, to abide the Order of this House; but hath constituted William Williams to do the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Williams may enter into Recognizance for the said John Williams, as is desired.

Jones & al. versus Regem.

Upon reading the Petition of Gaynor Jones and others, Appellants; shewing, "That they live at a great Distance from London, and cannot be able to attend in so short a Time as the Day appointed for hearing of the said Cause; and praying that James Evans Gentleman may enter into Recognizance for them, who prosecutes the said Appeal:"

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 Thursday the 20th of this Instant November, at Ten of the Clock in the Forenoon; that James Evans Gentleman may enter into Recognizance, as is desired; whereof the Petitioners are to cause Notice to be given to Their Majesties Attorney General.

E. of Salisbury, to prevent cutting off the Entail of his Estate, Bill.

The Earl of Rochester reported from the Committee, the Bill, intituled, "An Act to prevent the cutting off the Entail of the Earl of Salisburye's Estate," with several Amendments; and acquainted the House, "That there was One Clause, which related to the Earl of Salisburye's having expressed great Unkindness or Hatred to his Brother Mr. Cecill; which they had postponed, and left to the Consideration of the House."

Then the said postponed Clause was agreed to be left out.

Then the Amendments were read Twice, and agreed to.

Upon Report from the Lords Committees, to whom was referred the Bill, intituled, "An Act to prevent the cutting off the Entail of the Earl of Salisburye's Estate:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be, and is hereby, recommitted to the same Committee as it was before; who are to meet To-morrow, at Nine of the Clock in the Forenoon, in order to the drawing of a Clause that Mr. Cecill be tied up as to the Five Thousand Five Hundred Pounds per Annum, as the Earl of Sarum is by this Bill; and that the Lord Chief Justice Pollexsen and Counsel on both Sides attend the said Committee.

Ly. Halford discharged from the Restraint she is under.

Then Sir Thomas Duppa gave the House an Account, "That he had attended the Lady Halford; and she told him, "she could not stir, and that she was with Child, and had formerly miscarried;" and that he had left a Woman to attend her; and that this Morning he went again, and she told him, "she could not stir, and she desired she might not be restrained."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lady Frances Halford be, and is hereby, discharged from the Restraint she lies under; and this shall be a sufficient Warrant on that Behalf.

To Sir Tho. Duppa Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.

Commons agree to Lords Amendments to Money Bill.

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

To return the Bill, intituled, "An Act for granting an Aid to Their Majesties, of Sixteen Hundred Fiftyone Thousand Seven Hundred and Two Pounds, Eighteen Shillings; and to acquaint the House, they have agreed to the Amendments made by the Lords."

D. South'ton versus Bp. Cov. & Litch. for Waiver of Privilege.

The Earl of Bridgewater reported from the Lords Committees for Privileges, "That their Lordships have heard Counsel upon the Petition of his Grace the Duke of South'ton, and also upon the Answer of the Lord Bishop of Coventry & Litchfeild put in thereunto, referred to their Lordships by Order of the Two and Twentieth of October last; and their Lordships do see no Cause that the Lord Bishop of Coventry & Litchfeild should be obliged to wave his Privilege:"

Upon Consideration of which Report, the House agreed thereunto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty, being arrayed in His Royal Robes and Regal Crown, ascended His Throne, all the Peers being in their Robes: The Gentleman Usher of the Black Rod was commanded to signify His Majesty's Pleasure to the Commons, "That they presently attend His Majesty."

Who being come, the Speaker made the short Speech ensuing:

Speaker of H. C. Speech.

"Most gratefully acknowledging our Preservation and all other Benefits that we enjoy under Your Majesty's gracious Government;

"And towards the Performance of our Engagement and Assurance effectually, effectually to assist and support Your Majesty, and towards carrying on the War vigorously against France;

"We, Your Majesty's most dutiful and loyal Subjects, the Commons in Parliament assembled, do now present a Bill to Your Majesty, whereby we Your Commons do chearfully and unanimously give and grant to Your Majesty an Aid of Sixteen Hundred Fifty-one Thousand Seven Hundred and Two Pounds, Eighteen Shillings; which we humbly beseech Your Majesty to accept."

Then the Clerk of the Parliaments received the Bill from the Hand of the Speaker, and brought it to the Table; where the Clerk of the Crown read the Title, (videlicet,)

Bills passed.

"An Act for granting an Aid to Their Majesties, of Sixteen Hundred Fifty-one Thousand Seven Hundred and Two Pounds, Eighteen Shillings."

The Clerk of the Parliaments pronounced the Royal Assent, in these Words,

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

In like Manner the Bills following were passed:

"An Act for enabling the Sale of the Manor of Kempton and Kempton-Parke, and other Lands late of Francis Phelipps Esquire deceased."

"An Act to enable Dacres Barret, alias Lennard, Esquire, to charge the Reversion of his Estate in England with the Sum of Fifteen Hundred Pounds."

To which the Royal Assent was pronounced, in these Words,

"Soit fait come il est desiré."

Then His Majesty was pleased to withdraw.

Message from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act to vest divers Messuages and Tenements (the Estate of David Bigge Esquire) in Trustees, to be sold; and for laying out the Money to be raised thereby in the Purchase of Lands more to his Conveniency, to be settled to the same Uses;" to which they desire their Lordships Concurrence.

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

Who brought up a Bill, intituled, "An Act to vest the Manors and Lands late of George Vilet Esquire in Trustees, to be sold, for raising Portions for his Daughters;" to which they desire their Lordships Concurrence.

Universities, to confirm their Charters, &c. Bill.

Hodie 1^a vice lecta est Billa, "An additional Act for the Confirmation of the Charters, Liberties, and Privileges, of the Universities of Oxford and Cambridge."

Chancery, &c. to reform Abuses in, Bill.

Then Their Majesties Counsel being called, pursuant to the Order of the 7th Instant, concerning the Bill, intituled, "An Act for regulating several Abuses in the Court of Chancery and other Courts of Equity;" and they going on to speak in general to the Bill, they were ordered to withdraw.

King's Counsel to be heard only to the King's Prerogative in it.

And, upon Debate, this Question was put, "Whether the King's Counsel shall be restrained to speak only to the Concernment of the King's Prerogative in this Bill?"

It was Resolved in the Affirmative.

Then they were called in; and told to what they must speak, and heard, as by the Order followeth:

"After hearing this Day, at the Bar, Their Majesties Counsel, how far His Majesty's Prerogative is concerned in the Bill, intituled, An Act for regulating the Court of Chancery and other Courts of Equity: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Judges do attend this House on Wednesday next; and that the Serjeants at Law that are Their Majesties Counsel do then also attend, to be heard concerning the said Bill."

Dean and Chapter of Windsor versus Bp. of Salisbury, for Waive rof Privilege.

Upon reading the Petition of the Dean and Chapter of Windsor; shewing, "That the Church of West Ildeley, in the County of Berks and Diocese of Sarum, became void about Christmas last; and the Petitioners, being the Patrons, presented to the Right Reverend Father in GOD Gilbert Lord Bishop of the same Diocese a fit Person, every Way qualified according to Law, to be instituted and inducted to the said Living; which his Lordship refused to do; and praying, that they may be at Liberty to proceed in their legal Course for the Recovery of their Right:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees for Privileges; who are to report their Opinions thereupon to the House.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 11^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.