House of Lords Journal Volume 14: 31 July 1689

DIE Mercurii, 31 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marquis de Halyfax Speaker pro Tempore.

Ld. Berkeley takes the Oaths.

This Day Charles Lord de Berkeley took the Oaths, and made and subscribed the Declaration against Transubstantiation, pursuant to the Act made in the 25th Year of King Charles the IId, for preventing the Dangers which may happen from Popish Recusants. The Witnesses were sworn, to prove the Truth of his Certificate, that he had received the Sacrament of the Lord's Supper.

Commons to be desired to communicate the Evidence against the Persons attainted.

The Earl of Rochester reported, "That the Committee, to whom the Bill for attainting several Persons now in Rebellion against Their Majesties is committed, pray, That the Commons may be desired, by a Conference, to give a List to the House of Lords, of the Persons that gave Evidence to the Commons against the several Persons designed in the Bill to be attainted, that the Lords may be fully satisfied by Evidence viva voce, to attaint the several Persons (as they suppose the Commons are); for that, if the Lords should by themselves enquire after such Evidence, they may fail of hearing all the Evidence the House of Commons have had."

Which the House agreed to; and ordered there should be a Conference with the Commons about it.

Monck's Bill, to dissolve a clandestine Marriage under Age, rejected.

The Earl of Rochester reported from the Committee, to whom was referred the Bill for relieving Christopher Moncke from a clandestine Marriage when he was under Fourteen Years of Age, "That their Lordships are of Opinion, That it doth not appear, by any Evidence that Mr. Monck hath produced, that he was not of Fourteen Years of Age when he was married; but it is not denied but that he hath lived with her as his Wife since he is owned to be of Age; and that they have lain several Nights together. The Committee are of Opinion, that this Bill should not be further proceeded on."

The House agreed with the Committee in their Opinion; and it is ORDERED, the said Bill should not be read the Third Time; and be, and is hereby, rejected this House.

Message to H. C. for a Free Conference on the Succession Bill.

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

To desire a present Free Conference, in the Painted Chamber, upon the Subject-matter of the last Free Conference, upon the Bill for declaring the Rights of the Subject, and settling the Succession of the Crown.

Bush released.

Whereas Thomas Bush was this Day brought to the Bar, by the Gentleman Usher of the Black Rod, in whose Custody he was, for seizing William Presgrave in One of the Rooms belonging to this House, contrary to Privilege; where he asked Pardon of the House for his Offence, and was reprehended for the same:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Bush be, and is hereby, discharged from his present Restraint, paying his Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher, his Deputy and Deputies, and every of them.

Petyt to report concerning Delays of Judgements being redressed in Parliament.

Upon Report from the Lords Committees for Privileges:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Petyt Esquire do report to this House, on Saturday Morning next, what he hath done upon the Order of the House of Peers, of the First of May last, relating to the Statute of 14 Edward III. C. 5. intituled, "Delays of Judgements in other Courts shall be redressed in Parliament."

Bathurst versus Ld. and Ladies Abergaveny.

Upon reading the Petition of Edward Bathurst and Judith his Wife; shewing, "That they have a Decree and Sequestration against the Right Honourable George Lord Abergavenny, Mary Lady Dowager Abergavenny, and Elizabeth Lady Dowager Abergavenny, for the Sum of Ninety and Six Pounds, and Thirty and Six Pounds for Costs of Suit; and praying that they may be at Liberty to proceed upon the said Sequestration, against the Goods and Chattels, Lands and Tenements, of the said Lord and Ladies of Abergavenney, for receiving of their Rights:"

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

Roberts versus Mellish.

Upon reading the Petition of Marmaduke Roberts; shewing, "That his Appeal against Edward Mellish coming to be heard on the 18th of March last in this House, it was then untruly alledged by the Counsel then appearing for the said Edward Mellish, that the Decree appealed from was a Decree by Consent; and praying to be re-heard, upon that single Point only:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Counsel of the said Mellish, as also Counsel for the said Marmaduke Roberts, on that single Point only of Consent or not, on Monday next, at Ten of the Clock in the Forenoon; whereof the said Marmaduke Roberts is to cause timely Notice to be given to the Counsel and Solicitor for the said Edward Mellish, to the End they attend accordingly.

The Committee for the Bill for attainting several Persons now in Rebellion against Their Majesties do meet on Friday next; and the Duke of Beaufort is added to that Committee.

Bill to repeal the Act against multiplying Silver and Gold.

Hodie 2^a vice lecta est Billa, "An Act for repealing the Statute of King Henry the Fourth, against multiplying Gold and Silver."

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

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

The Messengers return with this Answer:

Answer from H. C.

That the Commons will give a Free Conference, as is desired.

The same Lords as reported the Conference, are appointed to manage this Free Conference.

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

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 2^dum diem Augusti, 1689, hora decima Aurora, Dominis sic decernentibus.