House of Lords Journal Volume 14
23 January 1690

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 14: 23 January 1690', Journal of the House of Lords: volume 14: 1685-1691 (1767-1830), pp. 423-424. URL: http://www.british-history.ac.uk/report.aspx?compid=13210 Date accessed: 28 November 2014.


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DIE Jovis, 23 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Landaffe.
Epus. St. Asaph.
Epus. Rochester.
Epus. St. David's.
Epus. Sarum.
Epus. Bangor.
Epus. Chester.
Epus. Chichester.
Dux Cumberland.
L. President.
L. Privy Seal.
Dux Somersett.
Dux South'ton.
Dux Grafton.
Dux Ormond.
Dux Northumb'l'd..
Dux Bolton.
2 L. Chamberlain.
1 L. Steward.
Comes Oxford.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Pembrooke.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Manchester.
Comes Mulgrave.
Comes Stamford.
Comes Kingston.
Comes Carnarvan.
Comes Thanet.
Comes Scarsdale.
Comes Bath.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Feversham.
Comes Macclesfeild.
Comes Radnor.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Monmouth.
Comes Montagu.
Comes Marlborough.
Comes Torrington.
Viscount Newport.
Viscount Weymouth.
Viscount Sidney.
Viscount Lumley.
Ds. Delawar.
Ds. Morley.
Ds. Grey Ruth.
Ds. Wharton.
Ds. North.
Ds. Chandois.
Ds. Sidney.
Ds. Maynard.
Ds. Coventry.
Ds. Herbert.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley.
Ds. Granvill.
Ds. Cornwallis.
Ds. Delamer.
Ds. Crew.
Ds. Ossulston.
Ds. Dartmouth.
Ds. Godolphin.
Ds. Cholmondley.
Ds. Ashburnham.

PRAYERS.

Bateson's Bill.

Hodie 2a vice lecta est Billa, "An Act to enable William Bateson Esquire to sell Lands, in the County of Oxford, and to purchase and settle other Lands in the County of Suffolke to the same Uses."

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

Comes Huntingdon.
Comes Bedford.
Comes Pembrooke.
Comes Bridgewater.
Comes Mulgrave.
Comes Stamford.
Comes Kingston.
Comes Carnarvan.
Comes Macclesfeild.
Comes Rochester.
Viscount Weymouth.
Epus. London.
Epus. Sarum.
Epus. Chester.
Epus. Chichester.
Ds. North.
Ds. Sidney.
Ds. Herbert.
Ds. Jermyn.
Ds. Byron.
Ds. Vaughan.
Ds. Colpeper.
Ds. Granvill.
Ds. Cornwallis.
Ds. Ossulston.
Ds. Ashburnham.

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Henry Goodrich and others:

Who brought up a Bill, intituled, "An Act for the naturalizing of David Le Grand and others."

Le Grand & al. Nat. Bill.

1a vice lecta est Billa, "An Act for the naturalizing of David Le Grand and others."

Lords, whether to be fined for not attending early.

The House was moved, "That every Lord that was not present by Eleven of the Clock should pay Twenty Shillings."

After Debate;

This Question was propounded, "Whether every Member of this House shall pay Twenty Shillings, that is not present in this House by Eleven of the Clock, unless he have a just Excuse?"

Then this previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

Corporations, Bill, to restore.

The House was put into a Committee, to consider of the Bill, intituled, "An Act to restore Corporations to their ancient Rights and Privileges."

The House was resumed.

And the Earl of Mulgrave reported, "That the Committee of the whole House have been upon the First Enacting Clause in the Bill; and it is the Opinion of the Committee, that the Words ["declared and were and are illegal"] should not stand in the Bill."

Then this Question was put, "Whether to agree with the Committee in the leaving out those Words?"

It was Resolved in the Affirmative.

"Dissentient.
Delamer.
C. Cornwallis."

Protest against it.

Memorandum, That the Lords following, before the putting the abovesaid Question, desired Leave to enter their Diffents, if the Question was carried in the Affirmative; and accordingly they do enter their Diffents, as follow:

"1. That there hath been only Two Cases cited in all the Law Books, towards the maintaining the Surrender of Corporations; (videlicet,) Dyer 273, 282. The Opinions in these Cases are not upon Argument; the First of them, as appears by the Book, needed and had an Act of Parliament to confirm it, being denied to be Law in my Lord Coke's 3d Report, in the Dean and Chapter of Norwich's Case, 44th Eliz.; the other of them denied to be Law by the Judges of the King's Bench, in Fulcher and Heywood's Case, in the 2d of King Charles the First, in Palmer's Reports; and by the express Authority of that Case, and the express Resolution of the Judges in that Case, a Corporation cannot by Surrender dissolve itself.

"2. Because that Beda, in the Time of H. the Vth, the Corporation of Newbery did surrender to that King, which was not allowed; but the House of Commons called upon them to send up Members, notwithstanding the said Surrender; and until they petitioned the said House, setting forth their Inability of supporting that Charge, they were not excused; but the House allowed their Petition, and they have sent none since.

"3. The Surrenders in Debate, being for the Intent and Purpose of returning such Parliament-men whom the King should appoint, was for the Subversion of the Laws and Liberties of England, and introducting of Popery and arbitrary Government; and that the putting out those Words seems to be the justifying of the most horrid Action that King James was guilty of during His Reign, and, we humbly conceive, a denying the chiefest Grievance mentioned in King William's Declaration when He was Prince, and the greatest Inducement for the People's taking up Arms in Defence of their Liberties and Properties, and Protestant Religion, and the establishing this King upon the Throne.

"Bolton.
Bedford.
Stamford.
Maclesfeld.
Montagu.
Vaughan.
Sydney.
Herbert.
Ashburnham."

Proxies of Peers absent all this Session with the Leave of the House, but without the King's Leave, allowed.

A Debate arose, "Whether the Proxies of such Lords that have not been here this Session of Parliament, nor had the Leave of this House, or His Majesty, to be absent, shall be allowed?"

After Debate;

The Question was put, "Whether a Lord, that hath been absent all this Session of Parliament without the King's Leave, and hath the Leave of this House, may give his Proxy?"

It was Resolved in the Affirmative.

"Dissentiente,
Newport."

Peer, absent all the Session without Leave, may make his Proxy.

Then the Question was put, "Whether a Lord that hath been absent all this Session of Parliament without the Leave of this House, shall make his Proxy?"

It was Resolved in the Affirmative.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet), 24um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.