House of Lords Journal Volume 14: 12 May 1690

DIE Lunæ, 12 Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill for vacating several Letters Patents.

3^a vice lecta est Billa, "An Act for making void several Letters Patents therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it; and that the Lords agree to Mrs. Hobby's Bill.

Then a Message was sent to the House of Commons, by Sir Miles Cooke and Doctor Edisbury:

To carry down the said Bill, and to desire their Concurrence thereto; and also to acquaint them, that the Lords have agreed to the Amendments in Mrs. Hobbye's Bill, now the Wife of the Lord Alexander.

Pope versus De Casseris.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Charles Pope is Plaintiff, and Franciscoe de Casseris Defendant, on Saturday next, at Ten of the Clock in the Forenoon.

Foden versus Farrington.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause, wherein Edward Foden is Plaintiff, and Jn° Farrington Defendant, on Wednesday the 21th Day of this Instant May, at Ten of the Clock in the Forenoon; and that another sufficient Person may enter into Recognizance for the Appellant.

Harris versus Osbalston.

Upon the Petition of John Harris; shewing, "That he served Rob't Osbalston with an Order of this House of the 24th of April last, for delivering a Copy of a Deed, pursuant to the said Order:"

Upon reading the Petition this Day of Robert Osbalston; praying, "That he may be heard by his Counsel before the delivering of the Copy of the said Deed, pursuant to the said Order;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Rob't Osbolston shall be heard by his Counsel, as also the said John Harris, for and against the Delivery of the said Deed, on Tuesday the 20th Instant, at Ten of the Clock in the Forenoon; whereof the said Jn° Harris is to cause Notice to be given to the said Rob't Osbolston, to the End he attend with his Counsel accordingly.

Crispe & al. to attend, about the Complaints against the Lieutenancy of London.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Crispe, Mr. Wagstaffe, Mr. Gibson, Mr. Man, Mr. Wells, Mr. Flavell, Mr. Francis Moore, Mr. Westerne, Mr. Hamond, Mr. Tucker, Deputy Berkeley, Mr. Milson, Mr. Tilden, Mr. Eyres, Mr. Essington, Mr. Darvill, Mr. Cutbert, Colonel Wiggon, Mr. Joyce, Mr. Streedwicke, Mr. Freeman, Mr. Walker, Mr. Eaton, Mr. Hams, Colonel Francis Kenton, Sir Tho. Horton, Mr. Buckingham, Deputy Thomas Rawlinson, Mr. John Wilcox Senior, Mr. George Sitwell, and Mr. Samuell Batt, be, and are hereby, required to attend this House on Wednesday next, at Ten of the Clock in the Forenoon.

Watt & al versus Brooke & al.

After hearing the Civilians this Day in the Cause as to the Civil Law, in the Case upon the Petition of John Watt, and the Answer of Rob't Crooke put in thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Speaker shall report the said Cause upon the said Petition and Answer on Thursday next, at Ten of the Clock in the Forenoon.

Bill for the Queen to be Regent.

The Order was read, for the Business of the Day, for the Judges to give their Opinions on the Question put to them on Friday last, upon the Bill, intituled, "An Act for the Exercise of the Government by Her Majesty during His Majesty's Absence:

Whether, if the King shall have Occasion to go out of this Kingdom, He can delegate the Exercise of the Regal Power and Government in the Queen, without an Act of Parliament?"

Judges Opinions concerning the King's Power of delegating the Regency.

Then the Lord Chief Justice Holt was heard to this Question; and said, "That he and Nine other of the Judges met together; and were all of Opinion, That, without such an Act of Parliament, the King cannot delegate to the Queen.

"And as to the other Questions, upon the Amendments and Provisos sent up by the House of Commons coherent with the Bill, that he was of Opinion, That they did very well cohere with the Bill, with the Addition of these Words, which he and some other of the Judges had considered of, in the Proviso marked (A) to be inserted:

("But that all and every such Act and Acts shall be as good and effectual as if His Majesty were within this Realm, and shall not be contradicted or controlled but by His Majesty only during His Absence.")

Then the Proviso was read, with the Addition of those Words in it.

Then the other Judges present were heard, as to the Coherence of the Provisos with the Amendment to the Body of the Bill; who were all but Two of Opinion, "That they were coherent (and not repugnant), and only declaratory to the Body of the Bill."

Which being done;

The Proviso, with the Addition of those Words, was read again, and agreed to by the House.

And ORDERED, a Conference with the House of Commons, to communicate to them the Bill with the Amendment in the Proviso marked (A), and to desire their Concurrence thereunto; and to let them know, the House hath agreed to the other Amendments made by them in the Bill.

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

Then a Message was sent to the House of Commons, by Sir Miles Cooke and Doctor Edisbury:

To desire a Conference, To-morrow at Eleven of the Clock in the Forenoon, in the Painted Chamber, upon the Amendments to the Bill for the Exercise of the Government by Her Majesty during His Majesty's Absence.

Then the House named the Lords following to be Managers of the Conference; and they, or any Three of them, to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings, to draw Reasons for their Amendment in the Proviso marked (A), and report to the House To-morrow, at Ten of the Clock in the Forenoon:

Bill for securing Their Majesties against the late K. James.

Then the Order was read, for the Business of the Day, to consider of the Clause which was reported on the 8th of May to the House, and agreed on in the Committee to be Part of the Bill for the securing the Government against the late King James and his Adherents to disturb the same.

After Debate thereupon;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate of the said Clause shall be, and is hereby, adjourned to Tomorrow, at Ten of the Clock in the Forenoon.

Then the House was adjourned during Pleasure, and put into a Committee, on the Bill for securing the Government against the late King James and his Adherents to disturb the same.

The House was resumed.

And the Earl of Bridgewater reported, "That the Committee had sat upon the said Bill; and had agreed, that the Declaration, agreed to by the House to be in the Bill, shall be taken by all Officers Civil and Military, and all Ecclesiastical Persons, and all Heads of Colleges and Halls, and Schoolmasters and Masters of Hospitals, and all Mayors and Bailiffs, and the Members of both Houses of Parliament; and that there is a Clause to be drawn, to enforce all the aforesaid Persons to make and subscribe the Declaration in the Bill; and desire that the House would appoint another Day for the House to be put into a Committee, to proceed further in the said Bill."

To which the House agreed, and named a Committee; and ordered as follows:

Lords Committees appointed to draw a Clause to be Part of the Bill, intituled, "An Act for securing King William and Queen Mary and the Peace of the Kingdom against the Attempts of the late King James and his Adherents to disturb the same," for to enforce all Officers Civil and Military, and all Ecclesiastical Persons, and all Heads of Colleges and Halls, and Schoolmasters and Masters of Hospitals, and all Mayors and Bailiffs, and the Members of both Houses of Parliament, to take the Declaration in the Bill; and to report on Thursday next.

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.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee again, to proceed further in the said Bill, intituled, "An Act for securing King William and Queen Mary and the Peace of the Kingdom, against the Attempts of the late King King James and his Adherents to disturb the same," on Thursday next, at Ten of the Clock in the Forenoon.

Answer from H. C. about Sir R. Clayton, &c.

The Messengers sent Yesterday to the House of Commons, concerning Sir Rob't Clayton and Sir George Treby having Leave to attend this House, return this Answer:

That they will send an Answer by Messengers of their own.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 13^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.