House of Lords Journal Volume 14: 3 July 1689

DIE Mercurii, 3 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marq. de Halyfax Speaker pro Tempore.

Bullingham versus Benyon.

Upon reading the Petition of John Bullingham; shewing, "That George Benyon Esquire, upon a Hearing before this House, obtained an Order, dated the 19th of June, 1678, wherein it is ordered, That the Petition of the said George Benyon was dismissed this House; and that the Judgement of which he complained was to remain in Force, for the Security of the said John Bullingham; but no Execution thereupon was to be taken, nor any Possession of George Benyon since the last Trial to be changed, until after the Lent Assizes then next coming, at which Time a new Trial was to be had between the said George Benyon and John Bullingham; and if the Verdict should then pass against the said George Benyon, Execution should be had thereupon for the said Bullingham, or else not (fn. 1) at all; which Trial the said George Benyon hath not yet brought; and praying the Reversal of the said Order:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of this House, made the 19th of June, 1678, be, and is hereby, revoked and made null and void; and the said Bullingham may proceed upon his Judgement, as if no such Order had been made.

Rossey versus Hinton et al.

Upon hearing Counsel this Day at the Bar, upon the Petition of John Rossey Senior and John Rosse Junior, of St. Clement Danes, in the County of Midd. Vintners, complaining of a Decree made by the Lord Chancellor Jessryes, in the Court of Chancery, on the Behalf of Benjamine Hinton, Reginald Heber, Anthony Ward, John Hill, and Obadiah Sedgwick; as also upon the Answers of the said Benjamin Hinton, Reginald Heber, Anthony Ward, John Hill, and Obadiah Sedgwicke, 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 of John Rosse Senior and John Roffe Junior, of St. Clements Danes, in the County of Midd. Vintners, be, and is hereby, dismissed this House; and that the Decree from which they appealed be, and is hereby, affirmed.

D. of Grafton versus L. C. J. Pollexten.

The House was moved, on the Behalf of his Grace the Duke of Grafton, "That he finds a printed Case of the Lord Chief Justice Polexsen, that it is only Matter of Right in it, and not of Privilege; and it being referred to the Committee for Privileges, to examine as to the Breach of Privilege only, desires the Directions of the House herein; who were of Opinion, That it lies only before the Committee as to Privilege."

E. Fauconberg not allowed to protest against the Vote for proceeding against Sir A. Blair et al., he not being present at putting the Question.

The Earl of Fauconberg having represented to the House, "That he was Yesterday present at the Debate, and had heard the Question proposed, Whether this House will proceed upon the Impeachment brought from the House of Commons against Sir Adam Blair, Captain Henry Vaughan, Captain Frederick Mole, John Elliott Doctor in Physic, and Robert Gray Doctor in Physic, and declared his Opinion in it, though he was not present at the putting of the said Question; and therefore desires Leave of the House to enter his Dissent:"

The Lords, considering it was against the Rules and Orders of the House, would not admit it.

Message from H. C. with the Bill for voting Benefites of Papists in the Universities.

A Message was brought from the House of Commons, by Sir Robert Sawyer and others:

Who returned the Bill, intituled, "An Act for vesting in the Two Universities the Ecclesiastical Benefices of Papists," with Amendments.

Which were read Twice, and committed to the same Committee as the Bill was; who are to meet To-morrow, at Nine of the Clock, in the Prince's Lodgings.

Adjourn.

Marquis de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 4^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.