House of Lords Journal Volume 14: 28 October 1690

DIE Martis, 28 die Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Captain Bickerstaffe and others:

Who brought up a Bill, intituled, "An Act to vest some Lands of John Wentworth Esquire in Trustees, to be sold; and for purchasing other Lands with the Money raised thereby, more to the Convenience of the said John Wentworth's Estate;" to which they desire the Concurrence of this House.

Wentworth's Bill.

Hodie 1^a vice lecta est Billa, "An Act to vest some Lands of John Wentworth Esquire in Trustees, to be sold; and for purchasing other Lands with the Money raised thereby, more to the Convenience of the said John Wentworth's Estate."

Scroop's Bill.

Hodie 1^a vice lecta est Billa, "An Act for vesting certain Lands in Trustees, to be sold, for the Payment of certain Debts of St. Leger Scroope Esquire, deceased."

Dacres, alias Barret's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Dacres Barret, alias Leonard, Esquire; to charge the Reversion of his Estate in England with the Sum of Fifteen Hundred Pounds."

Cooke's Bill.

Hodie 1^a vice lecta est Billa, "An Act for the enabling of Trustees to sell certain Lands of Richard Cooke deceased, to pay Debts, and to raise a Portion for his Daughter."

Burchet versus Durdant.

Upon reading the Petition of John Burchett, Plaintiff in a Writ of Error, against Mary Durdant; shewing, That he hath not brought his Writ of Error for Delay, but for Matter of Law; and that he was ready to have assigned his Errors within Eight Days, as he ought by the Rules of this House to have done; but the House not sitting on Saturday last, being the last of the said Eight Days, your Lordships did Yesterday order the Transcript of the Record to be remitted; and praying that the Order made Yesterday may be set aside, and the Errors received:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Order made Yesterday for the affirming of the said Judgement shall be, and is hereby, set aside; and that the Errors shall be received, in order to hearing Counsel upon the said Writ of Error (fn. 1)

ORDERED, That the Lord Herbert be added to all the Standing Committees of the House.

Admira'ty Commissioners Bill: Question to the Judges:

The Order read, for resuming the Debate Yesterday, upon the Second Reading of the Bill, intituled, "An Act concerning the Commissioners of the Admiralty."

After Debate;

This Question was agreed upon, and put to the Judges present, "Whether the Power vested in the Lord High Admiral, and particularly the Power of granting Commissions for holding Courts Martial, may be exercised by Commissioners, empowered by Commission to exercise the Office of Lord High Admiral; and if they have the Power of granting Commissions for holding Courts Martial, and that it shall happen that Sentence of Death be given against any Man at such Court Martial, whether the Commissioners, empowered by Commission, may give Leave that such Sentence may be executed?"

Their Answer.

After having heard the Judges hereupon, the major Part whereof were of Opinion, "That the Commissioners of the Admiralty have both these Powers."

And, after Debate thereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be, and is hereby, committed to a Committee of the whole House, To-morrow, at Ten of the Clock in the Forenoon, the First Business; and that all the Lords in and about the Town be summoned then to attend.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 29^um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 27th of November,

1690, by us,
J. Bridgewater.
North & Grey.
R. Sydney.
Culpeper.