DIE Sabbati, 5 die Aprilis.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Ds. Howard Eff.
Ds. North & Grey.
Worthenbury Church Bill.
The Earl of Stamford reported, "That the Committee have considered the Bill for the separating and
making the Chapel of Worthenbury a distinct Church
from the Parish Church of Bangor; and do think it
fit to pass as it is, without any Amendments."
Which the House agreed to; and ordered the said
Bill to be engrossed.
vice lecta est Billa, "An Act to enable
Thomas Beringer to sell Lands, for the Payment of
Sir H. Middleton's Bill.
vice lecta est Billa, "An Act for confirming
a Settlement made by Sir Hugh Middleton Baronet,
for a separate Maintenance for Dame Dorothy his
Wife; and for the better enabling Trustees to sell
Part of his Estate, for Payment of his Debts."
Small Tithes, &c. for Recovery of, Bill.
The Lord Bishop of London reported, "That the
Committee for the Bill for the more easy Recovery
of Small Tithes and Repair of Churches have made
some Amendments therein."
Which were Twice read; and the House ordered
the Bill to be re-committed to the same Committee,
upon the single Point only of the Distance of Place
from the Ecclesiastical Courts; and that the Committee
do meet on Tuesday next, at Nine of the Clock in the
Forenoon, in the Prince's Lodgings.
Law, Practice of, Bill for regulating.
vice lecta est Billa, "An Act for the Benefit
of the Subject, in relation to the Practice and Execution of the Law."
ORDERED, That the Consideration of this Bill be
committed to these Lords following:
|L. Bp. London.
L. Bp. Sarum.
L. Bp. Chester.
L. Bp. Rochester.
L. Grey of Ruth.
All the Judges to attend their Lordships.
Their Lordships, or any Five of them; to meet
on Monday next, at Nine C. in the Prince's
Sir A. Blaire to be bailed.
The Question being put, "Whether Sir Adam
Blaire shall be admitted to Bail?"
It was Resolved in the Affirmative.
Whether Impeachment continue from one Parliament to another.
ORDERED, That on Wednesday next, this House will
take into Consideration, "Whether Impeachments continue from Parliament to Parliament."
Sir A. Blaire to attend, with his Bill.
ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Keeper of The Gatehouse at Westm. do bring to the Bar of this House Sir
Adam Blaire, now in his Custody, on Monday next, at
Ten of the Clock in the Forenoon, in order to his
being bailed; and that the said Sir Adam Blaire do
bring with him Two Sureties, each to be bound in
£. 2500 and he in £. 5000, for his appearing before
this House at all Times when he shall be so ordered.
Watt &al. versus Brooke.
Whereas there is a Petition and Appeal depending in
this House, wherein John Watt, Francis Bampfield and
Elizabeth his Wife, are Plaintiffs, and Peter Brooke and
Elizabeth his Wife Defendants; the House being this
Day moved, on the Behalf of the Defendants, "That
a Day of Hearing may be appointed thereupon:"
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
Monday the 14th Day of this Instant April, at Ten of
the Clock in the Forenoon.
Smith versus Blights.
Upon reading the Petition of Elizabeth Blight and
Francis Blight; shewing, "That their Papers and Solicitor being now in Cornwall, at least 250 Miles remote, whereby they are unable to put in their Answer
by the Time prefixed by the Order of this House,
and praying further Time for that Purpose:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That they have hereby Time
given them for answering thereunto, until Saturday the
19th Day of this Instant April, at Ten of the Clock in
Bill for recognizing K. Will. and Q. Mary, and for confirming the Acts of the last Parliament.
The House was put into a Committee, to proceed in
the Bill concerning declaring the Acts in the last Parliament, begun and held at Westminster the 13th of February, 1688, to be of full Force and Effect by the
Laws of this Realm, and for recognizing Their now Majesties King William and Queen Mary to be by the
Laws of this Realm our rightful and lawful Sovereign Liege Lord and Lady, King and Queen of this
The House was resumed.
And the Earl of Bridgewater reported, "That the
Committee had sat on the First Enacting Clause in the
Bill; and have made these Amendments therein; (videlicet,)
"In the Second Sheet in the Fifth Line, after ["Declared"], they have added ["Adjudged"].
"And in the 12 Line, they have left out the
Word ["Adjudged"]; and they desire the Concurrence of the House therein."
Then the Question was put, "Whether this
House agrees with the Committee in this
It was Resolved in the Negative.
Protest against rejecting Amendments to it.
"Leave having been given to any Lords, to enter
their Dissents, if the Question was carried in
the Negative; we, whose Names are hereafter written, do enter our Dissents, for these
"1. Because there appears to us no Reason to doubt
of the Validity of the last Parliament; the great Objection insisted upon being the Want of Writs of
Summons, which we take to be fully answered by the
State the Nation was in at that Time, which made
that Form impossible; such Exigencies of Affairs
having been always looked upon by our Ancestors
(however careful of Parliamentary Forms) to be a
sufficient Reason to allow the Authority of Parliaments, notwithstanding the same or other Defects in
Point of Form; as, the Parliament which set H. I.
and K. Stephen on the Throne; the Parliament held
the 28 Ed. I.; the Parliament summoned by the
Prince of Wales 20 Ed. II.; the Parliament summoned
23 Rich. II.; the Parliament held Primo H. VI.;
and the Parliament held 38 H. VI: the Acts of which
Parliaments have been held for Law.
2. Because the rejecting this Clause must necessarily
disturb the Minds of the greatest Part of the Kingdom; for, if those be not good Laws, all Commissioners, Assessors, Collectors, and Receivers of the
late Taxes, are not only subject to private Actions,
but to be criminally prosecuted for One of the highest
Offences against the Constitution of the English Government; (videlicet,) the levying Money on the Subject, without lawful Authority; all Persons who have
lent Money upon the Credit of those Laws will be in
Dread of their Security, and impatient to get in
their Money; all Persons concerned in levying the
present Taxes will be fearful to proceed; all Persons
who have accepted any Offices or Employments, Ecclesiastical, Civil, or Military, will be under the Apprehension of having incurred all the terrible Forfeitures and Disabilities of the Act of the 25 Car. IIdi,
Caput 2.; and all who have any Way eoncurred to
the Condemnation or Execution of any Person upon
any Act of the late Parliament, will think themselves in Danger of being called to an Account for
"3. Because, to leave a Doubt touching the Validity
of the last Parliament, is to shake all the Judgements
and Decrees given in the House of Peers or Westm'r
Hall during this Reign, and to bring a Question upon
the whole Course of Judicial Proceedings.
"4. Because, if the Authority of the last Parliament be not put out of the Question, the Authority of
the present Parliament can never be desended; for
the Stat. of the 5 Eliz. Cap. I. makes the Election
of every Member of the House of Commons absolutely void, if he enter into the House without taking
the Oath of Supremacy; which no One Person having
done, there is an End of this House of Commons;
and, by the Statute made 30 Car. II. if any Peer
or Member of the House of Commons presume to
sit and vote without first taking the Oaths of Allegiance and Supremacy before the Speaker of the respective Houses, he does not only forfeit £. 500 and
become as a Popish Recusant, and disabled to take a
Legacy, to hold any Office or Place of Trust, to prosecute any Suit, to be a Guardian, Executor, or Administrator; but is made for ever incapable to sit or
vote in either House of Parliament; and consequently
this can be no Parliament, nor any who have fat in
either House be capable of sitting in Parliament hereafter.
"5. Because, to leave Room to doubt of the Authority of the last Parliament, is to shake the Succession of the Crown established by it, and the Credit and Authority of all Treaties made with Foreign Princes and States by King William, as the
undoubted King of these Realms: So that, if the
last was no Parliament, and their Acts no Laws,
this is our Case, the Nation is engaged in a War,
without Consent of Parliament; the old Oaths of
Supremacy and Allegiance remain in Force; and the
Nation forced, under Colour of Law, to swear Fidelity to King William, though they can never act
as a lawful Parliament without taking the Oath of
Allegiance to King James; all Judgements and Decrees in the House of Lords during the late Parliament are of no Force; great Sums have been
levied, without Consent of Parliament; and Men have
been put to Death, not only without, but against
Law, which is the worst Sort of Murder: Lastly;
the King upon the Throne, the Peerage of England,
and the Commons freely elected by the People, have
been Parties to all this; the Peers and Commons
now assembled are under a perpetual Disability, and
the Nation is involved in endless Doubts and Confusions, without any legal Settlement, or Possibility
to arrive at it, unless a Parliament be summoned by
King James's Writ, and the Oaths of Allegiance
taken to him.
Then the House made the following Vote:
Vote that this Acts of the last Parliament are valid.
"Resolved, That it is the Opinion of this House,
That all the Acts passed in the last Parliament, begun
the 13th Day of February, 1688, were and are good
Laws, to all Intents and Purposes whatsoever."
ORDERED, That, on Monday Morning next, this House
shall be resolved into a Committee, to go on with the
Bill they were upon in a Committee this Day; and no
other Business to intervene.
Robertus Atkins, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet,
7um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.