House of Lords Journal Volume 14: 11 June 1689

DIE Martis, 11 die Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marq. de Halyfax Speaker pro Tempore.

Proxies to be used is preliminary Cases of Judicature.

The Clerk of the Parliaments, in Pursuance of the Order Yesterday, shewed several Instances, where Proxies have been used in Preliminaries to Private Causes.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Proxies may be used in such preliminary Cases, but not in giving Judgement; and that this Order be added to the Roll of Standing Orders.

Bernadiston versus Soame, in Error.

ORDERED, That the Counsel for Sir Samuell Bernadiston shall be heard on Friday next, to reply to what Mr. Mountagu gave for his Reasons for Reversal of Sir Samuell Bernadiston's Judgement; and that all the Judges do attend at the same Time.

Popham's Children to illegitimate, Bill.

Hodie 1^a vice lecta est Billa, "An Act for illegitimating Four of the Children of Brilliana Popham, late Wife of Alexander Popham, of Borton, in the County of Gloucester."

E. of Salisbury to be proceeded against, for not bringing over his Brothers.

Whereas, by an Order of the Third of April last past, made upon Report from the Lords Committees for Privileges, who were of Opinion, "That the Earl of Salisbury did take his Brothers from Eaton Schoole, and was instrumental in sending them to France," he was ordered, That he should cause his Brothers William and Charles to be returned before the 15th Day of May last; and whereas, by an Order of the 11th of May last, it was ordered, at the Desire of the said Earl of Salisbury for a longer Time, That the said Earl should cause his said Brothers to be brought over by the First of June Instant, which he hath not yet done; which the House taking to be a manifest Contempt, and against Law:

Upon Consideration thereof, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Their Majesties Attorney General do bring, or cause to be brought, a Writ de Homine replegiando against the said Earl of Salisbury, for eloigning or not bringing over his said Brothers William and Charles from beyond the Seas, pursuant to the abovesaid Orders.

D. Somerset versus Percy, claiming the Title of E. of Northumb.

After hearing Counsel this Day at the Bar, for his Grace the Duke of Somersett, against James Percy, in Pursuance of an Order of the 28th of May last past; as also Counsel for the said James Percy, pursuant to the said Order upon his Petition;

Judgement against him, as an Impostor.

After due Consideration had of what was offered by Counsel on both Sides; and the Lords judging that the Pretensions of the said James Percy to the Earldom of Northumberland are groundless, false, and scandalous; the Lords Spiritual and Temporal in Parliament assembled, do order and adjudge,

"That therefore the Petition of the said James Percy be, and is hereby, dismissed this House; and that the said James Percy shall be brought before the Four Courts in Westminster Hall, wearing a Paper upon his Breast, in which these Words shall be written, The False And Impudent Pretender To The Earldom Of Northumberland.

Percy attached.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Body of James Percy.

Roffey versus Hinton et al.

Upon reading the Petition of John Roffey Senior, and John Roffey Junior, of St. Clement's Danes, in the County of Midd. Vintners, complaining of a Decree made by the Lord Chancellor Jefferyes, in the Court of Chancery, on the Behalf of Benjamin Hinton, Reginald Heber, Anthony Ward, John Hill, and Obadiah Sedgwick; and praying, that they may answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Benjamin Hinton, Reginald Heber, Anthony Ward, John Hill, and Obadiah Sedgewick, may have a Copy or Copies of the said Petition; and be, and are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Friday the 21th Instant, at Ten of the Clock in the Forenoon; whereof the said John Roffey Senior and John Rossey Junior are to cause timely Notice to be given to the Defendants, to the End they may answer accordingly.

Droitwich Salt works, Bill.

The Earl of Rochester reported, "That the Committee, concerning the Salt Springs at Droitwitch have considered of that Bill, and heard all Persons therein concerned; and have thought fit to make some Amendments therein, which are offered to the Consideration of the House."

Which Amendments were read Twice, and Agreed to; and the Bill ordered to be engrossed, with the Amendments.

Newton discharged from Arrest, being sent for about a Bill.

Whereas Roger Newton was, by Order, summoned to attend this House as a Witness, upon the Bill for taking away the Court holden before the President and Council of the Marches of Wales, and was arrested in his coming hither to be sworn, in order to be examined touching the said Bill:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roger Newton be, and is hereby, discharged from his present Restraint, in order to his giving his Attendance on this House; and this shall be a sufficient Warrant on that Behalf.

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 12^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.