House of Lords Journal Volume 14: 1 December 1691

DIE Martis, 1 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir T. Burton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the enabling of Sir Thomas Burton to sell Lands, for Payment of Debts."

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

Their Lordships, or any Five of them; to meet on Thursday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Curtis's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more speedy Payment of the Debts of Elizabeth Curtis Widow, late deceased, and for the Performance of an Agreement touching the same, between Charles Curtis in his Life-time and Edmond Earle, according to a Decree in the High Court of Chancery."

L. Hatton's and Bp of Ely's Bill.

Hodie 1^a vice lecta est Billa, "An Act for the settling a Fee Farm Rent of One Hundred Pounds per Annum upon the Bishop of Ely and his Successors, to be issuing out of Hatton Garden, in the County of Midd'x, and the Messuages thereupon erected; and for the settling and assuring the same, subject to the said Rent, upon Christopher Lord Viscount Hatton, his Heirs and Assigns for ever.

Message from H. C. for a Conference on Oaths in Ireland Bill.

A Message was brought from the House of Commons, by Mr. Roberts:

To desire a Conference, upon the Amendments made by their Lordships, and sent down to them, upon the Bill, intituled, "An Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths."

To which the House agreed.

Answer.

The Commons were called in again; and told, "That the Lords agree to a Conference; and appoint it to be presently, in the Painted Chamber."

Then the Lords following were named Reporters of the Conference:

Conference.

The Commons being come to the Conference, the Reporters Names were read.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Report of it.

And the Duke of Bolton reported, "That they had attended at the Conference; and the Commons had agreed to some of the Amendments, and not to others, as followeth:

"The Two First Amendments are agreed to.

"As to the Amendment, by adding Clauses (A):

"The First Part thereof, to ["Provided"] in Skin 3. Line 3. also agreed to.

"The Two next Provisos, beginning ["Provided"] in Skin 3. Line 3. and ending ["Profession or Calling"] in Skin 4. Line 7. disagreed to.

"The last Part, beginning ["And be it"], Skin 4. Line 7. to the End, agreed to, with an Amendment, by adding Clause (B).

"And as to the last Amendment, by leaving out from ["notwithstanding"] in Skin last, L. 26. to the End of the Bill, disagreed to.

"The Reasons given by the Commons at the Conference, for their not agreeing to the said Amendments, were as followeth:

Commons Reasons for not agreeing to Amendments.

"1. The House of Commons, intending by this Act to preserve the English Government and Protestant Religion in Ireland, have especially provided against the practicing of Barristers, Clerks in Chancery, Attornies, and Practisers of Law, of the Romish Religion there, who have been at all Times great Enemies to the Crown of England and the Protestant Religion therein, and constant Fomenters, Raisers, and Actors in Rebellions against them, and more especially in the late Rebellion against Their present Majesties, and, by the Influence they will thereby have upon the Popish Inhabitants, who are much more numerous than the Protestants in Ireland, (if they are admitted to use their Professions) will be always apt and ready to disturb the Peace of the Kingdom, and the Establishment of the Protestant Religion there.

"2. Barristers at Law of the Romish Religion have been frequently admitted to practise in Ireland, by virtue of the King's Letters, without qualifying themselves as others of that Profession in that Kingdom.

"3. That the Act, intituled, "An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown," not making any express Mention of the Kingdom of Ireland, the Commons thought fit to secure the Benefit of this Act to it, against all Pretences to the contrary."

ORDERED, That the Consideration of the Commons disagreeing to the said Amendments shall be taken up on Thursday next, at Ten of the Clock in the Forenoon; and all the Lords to be summoned.

Cruse, E. of Rochester's Bailiff, arrested; Jones & al. to be attached.

Upon Oath made at the Bar, "That Charles Cruse, Servant to the Right Honourable Lawrence Earl of Rochester, a Peer of this Realm, hath been arrested, at the Suit of Hugh Jones the Elder and Hugh Jones the Younger, of Bowden, in the County of Wilts, Yeomen, by John Wilkins Attorney at Law and Charles Skull a Bailiff at Wootten Bassett, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Bodies of the said Hugh Jones the Elder and Hugh Jones the Younger, John Wilkins, and Charles Skull, and bring them in safe Custody to the Bar of this House, to answer for their Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them, and to all Mayors, Sheriffs, Bailiffs, and other Their Majesties Officers, to be aiding and assisting in the Execution hereof.

Bromhall versus Manlove.

Whereas this Day was appointed for hearing the Cause wherein Thomas Bromhall is Plaintiff, and Richard Manlove Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause on Monday the Seventh Day of this Instant December, at Ten of the Clock in the Forenoon.

Proxies in Preliminaries to Judgements.

The House being moved, "That the Order made the Eleventh Day of June, One Thousand Six Hundred Eighty-nine, wherein Proxies are allowed to be made Use of in Preliminaries to Judgements, may be set aside:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall take the same into Consideration on Monday next, at Ten of the Clock in the Forenoon; and that all the Lords be summoned.

Capt. Beaumount and Munden to attend.

The House being this Day moved, "That Captain Beamont and Captain Munden may attend this House on Saturday next:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Captain Beamont and Captain Munden do attend this House on Saturday next, at Ten of the Clock in the Forenoon.

Stephens versus Woollaston.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Sir Richard Stephens Knight, One of the Justices of Their Majesties Court of King's Bench in Ireland, from a Decree lately made by the Lords Commissioners of the Great Seal of England, in Trinity Terme, One Thousand Six Hundred and Ninety, on the Behalf of Richard Woollaston Complainant, and the Petitioner Appellant, Defendant, et è contra; and praying a Reversal of the said Decree; as also upon the Answer of John Woollaston 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 Sir Richard Stephens Knight shall be, and is hereby, dismissed this House; and that the said Decree made by the Lords Commissioners of the Great Seal, from which he appealed, shall be, and is hereby, affirmed.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 2^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.