House of Lords Journal Volume 14: 5 July 1689

DIE Veneris, 5 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marquis de Halyfax Speaker pro Tempore.

Papists Benefices for vesting in the Universities, Bill.

The Earl of Rochester reported from the Committee, That they have taken into Consideration the Amendments made by the House of Commons in the Bill for investing in the Two Universities the Presentation to the Livings of Papists; and the Opinion of the Committee is, that they are fit to pass as Part of the Bill."

Which Amendments, being Thrice read, were Agreed to.

Bristol and Glouc? Courts of Conscience Bill.

Hodie 3^a vice lecta est Billa, "An Act for erecting Courts of Conscience in the Cities of Bristol and Gloucester, and the Liberties thereof."

The Question being put, "Whether this Bill shall pass for a Law?"

It was Resolved in the Affirmative.

Message from H. C. with Droitwich Salt-works Bill.

A Message was brought from the House of Commons, by Mr. Trenchard and others:

Who returned a Bill concerning the Salt Springs at (fn. 2) Droitrich, formerly sent down from this House; wherein the Commons have made some Amendments, and desire their Lordships Concurrence to them.

The said Amendments were read Twice, and Agreed to.

Message to them, that the Lords agree to it; to the Bill for vesting Papists Benefices; and to the Bristol and Glouc. Courts of Conscience Bill.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon Childe, which consisted of these Particulars:

1. To acquaint them, that the Lords have agreed to the Amendments in the Bill for investing in the Two Universities the Benefices belonging to Papists.

2. That they have passed the Bill for erecting Courts of Conscience in the Cities of Bristol and Gloucester, and the Liberties thereof.

3. To let them know, the Lords have agreed to the Amendments in the Bill concerning the Salt Springs in Droitwich.

D. Grafton versus L. C. J. Pollexsen.

Then the House resumed the Debate, which was Yesterday, upon the Report of the Case between the Duke of Grafton and the Lord Chief Justice Polexfen.

After Debate;

A Draught of an Order was offered to the House, and read.

And it was moved, "That a Question may be put to the Judges, Whether, if this Order be made, it may not be a Prejudice to the Parties, as to the regaining those Profits that shall be received by the Duke of Grafton's Deputy, before the Lord Chief Justice recover his Right if he hath it?"

This previous Question was put, "Whether this Question shall be asked the Judges?"

It was Resolved in the Negative.

Then the Question was put, "Whether the Order shall stand?

It was Resolved in the Affirmative.

The House taking up the Debate adjourned Yesterday to this Morning, upon the Report from the Lords Committees for Privileges, upon the Petition of the Duke of Grafton referred to them, whether the Order of the 13th of June last, concerning the Office of Keeper of the Records in the Common Pleas, hath been observed by the Lord Chief Justice Pollexsen or not:

After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the former Order of this House, made the 13th of June last, be, and is hereby, confirmed; and that Mr. Edward Mills, who at present hath the Keeping of the Seal of the Court of Common Pleas, or any other Person who shall have the Keeping of the said Seal, shall not seal any Records before they are signed by the Duke of Graston's Deputy: And it is further ORDERED, That neither this nor the former Order shall be of any Prejudice to either Party, to whom the Right shall be determined to belong at Law.

Downing committed for printing a List of protesting Lords, and Matters reflecting on L. Grey released.

Upon reading the Petition of William Downing Junior, now Prisoner in The Gatehouse; shewing, "That about Three Months since he was committed to The Gatehouse, for printing Papers, one reflecting upon the Lord Gray of Warke, and the other called a List of the Protesting Lords; and he was, by Order of this House, fined to pay the Sum of One Hundred Pounds, and humbly submits himself to this House and the Lord Gray; and begs Pardon for his so heinous Offence:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Downing shall be brought to the Bar of this House To-morrow, at Ten of the Clock in the Forenoon, and there ask the Pardon of this House for his Offence: And it is further ORDERED, That the said William Downing be, and is hereby, discharged from the Payment of the said Sum of One Hundred Pounds to His Majesty, and also from his present Restraint, paying his Fees; and this shall be a sufficient Warrant onthat Behalf.

To Church, Keeper of The Gatehouse, at Westm. his Deputy and Deputies, and every of them.

Lords Leave to be absent.

ORDERED, That the Duke of Norfolke hath Leave to go into the Country for his Health, for some Time.

ORDERED, That the Lord Viscount Hatton hath Leave to go into the Country for some Time, for his Health.

Adjourn.

Marquis de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 6^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.