House of Lords Journal Volume 14: 11 July 1689

DIE Jovis, 11 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marq. de Halyfax Speaker pro Tempore.

Tanned Leather Bill.

Hodie 3^a vice lecta est Billa, "An Act for explaining Part of an Act made in the First Year of King James the First, concerning Tanned Leather."

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

It was Resolved in the Affirmative.

Message from H. C. with a Bill; and for a Conference on the Bill concerning the Succession, &c.

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

Who brought up a Bill, intituled, "An Act for attainting several Persons now in Rebellion against His Majesty."

2. To desire a Conference, concerning the Amendments in the Bill about the Succession to the Crown.

The Answer returned was:

Answer.

That this House will give a Conference; and appoints the same to be To-morrow, at Twelve of the Clock, in the Painted Chamber.

Messages from thence, with a Bill; and that they agree to Chettell's Bill.

A Message was brought from the House of Commons, by Sir Tho. and others:

To acquaint this House, that the Commons do agree with their Lordships in the Amendments to the Bill concerning Mr. Chettell.

A Message was brought from the House of Commons, by Sir Mathew Andrewes and others:

Who brought up a Bill, intituled, "An Act for collecting the Duties upon Coffee, Tea, and Chocolate, at the Custom-house."

Sherley's Bill.

Hodie 2^a vice lecta est Billa, "An Act for enabling Hannah Sherley and Mary Battelhey, alias Sherley, her Daughter, to settle and dispose of certain Lands and Tenements, in the Counties of Midd'x and Essex."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Three of them; to meet Tomorrow, at Nine of the Clock in the Forenoon.

L. Berkeley of Berkeley, introduced:

This Day Charles Berkeley Lord Berkeley, Chevalier, Eldest Son of George Earl of Berkeley, having received His Majesty's Writ to summon him to sit in this present Parliament, was this Day introducted in his Robes by the Heralds, and the Gentleman Usher going before him, between the Lord Delawar and the Lord Ossulston.

His Lordship, upon his Knee, presented his Writ of Summons to the Speaker, who gave it to the Clerk of the Parliament, who read it at the Table; and then he was placed on the Barons Bench, in his Father's Barony, next below the Lord Delawar.

His Writ of Summons.

"Gulielmus & Maria, Dei Gratia, Angl. Scot. Franc. & Hib'niæ, Rex & Regina, Fidei Defensor. &c. Prædilecto & Fideli Nostro Carolo Berkeley de Berkeley, Chevalier, Salutem: Cum Parliamentum Nostrum, pro arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Angliæ & Ecclesiæ Anglicanæ concern. apud Civitatem Nostram Westm. nune congregat. existit, vobis, sub Fide & (fn. 1) Ligeantia quibus Nobis tenemini, firmiter injungend. mandamus, quod, consideratis dictorum Negotior. Arduitate & Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus, super dictis Negotiis tractatur. vestrumque Consilium impensur. Et hoc, sicut Nos & Honorem Nostrum ac Salvationem & Defensionem Regni & Ecclesiæ prædict. Expeditionemque dictor. Negotior. diligitis nullatenus omittatis.

"Testibus Nobis ipsis apud Westm. xi° Die Julii, Anno Regni Nostri Primo.

"Barker."

L. Sydney introduced:

In the like Manner, Robert Sydney de Penshurst, Chevalier, Eldest Son to Phillip Earl of Leycester, was introducted, in his Robes, between the Lord Delawar and the Lord Ossulston; and having presented his Writ of Summons to the Speaker on his Knee, who delivering the same to the Clerk of the Parliament, it was read at the Table; and afterward he was placed on the Barons Bench, in his Father's Barony, next to the Lord Chandos.

His Writ of Summons.

"Gulielmus & Maria, Dei Gratia, Angl. Scot. Franc. & Hib'niæ, Rex & Regina, Fidei Defensores, &c. Prædilecto & Fideli Nostro Rob'to Sydney de Penshurst, Chevalier, Salutem: Cum Parliamentum Nostrum, pro arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Angliæ & Ecclesiæ Anglicanæ concernen. apud Civitat. Nostram Westm. nunc congregat. existit, vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo, mandamus, quod, consideratis dictorum Negotior. Arduitate, & Periculis imminentibus, cessante Excusatione quacunque, ad Parliamentum Nostrum prædict. personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus, super dictis Negotiis tractatur, vestrumque Consilium impensur. Et hoc, sicut Nos & Honorem Nostrum ac Salvationem & Defensionem Regni & Ecclesiæ prædict. Expeditionemque dictor. Negotior. diligitis, nullatenus omittatis.

"Testibus Nobis ipsis apud Westm. xi° Die Julii, Anno Regni Nostri Primo.

"Barker."

Lords take the Oaths.

Next, the Lord Berkeley and the Lord Sydney took the Oaths, and made and subscribed the Declaration, in Pursuance of the Statutes.

Bill for reversing Judgements against

After this, the House went upon the Debate which was Yesterday, upon the Bill for reversing the Two Judgements given in the King's Bench, against Tytus Otes Clerk.

The Enacting Clause was read.

And, after some Debate upon it,

The Question was put, "Whether this last Clause in the Bill, as it was brought from the Committee, shall be postponed?"

It was Resolved in the Affirmative.

Then it was moved, "That this Bill might be recommitted."

And it is ORDERED, To be re-committed to a Committee of the whole House.

The House was presently adjourned into a Committee.

And a Proviso was offered, to be added to the Bill.

The House being resumed;

The Earl of Bridgewater reported, "That the Committee had sat some Time; and appointed a Subcommittee, to withdraw presently, and consider how to alter the Clauses which were postponed, and make them pursuant to the Debate; and, after they had spent some Time, they reported to the Grand Committee, That they thought they had Need of the Assistance of the Judges, to have their Opinion in some Points to which the Committee had agreed."

And thereupon the House ORDERED, That the Subcommittee are to meet To-morrow Morning, at Eight of the Clock; and to report to the House at their Sitting; and do further order, That all the Judges now in Town do attend the Sub-committees.

ORDERED, That all the Lords be summoned to attend this House To-morrow, at Ten of the Clock in the Forenoon.

Robinson & al. accused of printing Protests, discharged.

The Persons were called in, who were summoned Yesterday, for printing a Paper, intituled, "Reasons and Protestations entered in the House of Lords."

They were examined upon Oath, and Witnesses sworn and examined upon Oath; but nothing positively being sworn against them, they were discharged.

& al.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of Richard Arnold Gentleman, complaining of several Decrees and Proceedings in the Court of Chancery; and that the several Causes in the Petition mentioned may be heard; as also upon the Answer or Answers of Anne Arnold, Sir Edward Smith and Dame Francis his Wife, Henry Nurse, Sir Edward Smith and Dame Francis his Wife, 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 and Appeal of Richard Arnold, complaining of the several Decrees therein mentioned, be, and is hereby, dismissed this House; and that the said Decrees be, and are hereby, affirmed: And it is further ORDERED, That the said Richard Arnold do pay, or cause to be paid, unto the said Anne Arnold, Defendant in this Cause, the Sum of Ten Pounds, for her Costs and Charges sustained in Defence of the Appeal brought into this House against her; upon the Payment whereof, his Recognizance, given to His Majesty, be, and is hereby, declared null and void.

Adjourn.

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