House of Lords Journal Volume 14: 10 April 1690

DIE Jovis, 10 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Berringer's Bill.

The Lord North reported, "That the Committee for the Bill to enable Thomas Beringer to sell Land, for Payment of Debts, have considered of it; and are of Opinion, that the same do pass as it is, without any Amendments."

To which the House agreed, and ordered the Bill to be engrossed.

E. of Essex's Bill.

The Earl of Bridgwater reported, "That the Committee are of Opinion, that the Bill concerning Algernoone Earl of Essex is fit to pass as it is, without any Amendment."

Which the House agreed to, and ordered the said Bill to be engrossed.

Sir H. Middleton's Bill.

Hodie 3^a vice lecta est Billa, "An Act for confirming a Settlement made by Sir Hugh Middleton Baronet, for a separate Maintenance for Dame Dorothy his Wife; and for the better enabling Trustees to sell Part of his Estate, for the Payment of his Debts."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Coke and Sir Robert Le Gard:

To deliver this Bill concerning Sir Hugh Middleton, and desire their Concurrence thereunto.

Messages from thence, with a Bill, and that they agree to the one for recognizing the K. and Q. and for confirming the Acts of last Parliament.

A Message was brought from the House of Commons, by Viscount Colchester and others:

To let their Lordships know, that whereas this House did send down a Bill for recognizing King William and Queen Mary; and for avoiding all Questions touching the Acts made in the Parliament assembled at Westminster the 13th Day of February, 1688; the Commons have agreed to the said Bill, without any Amendments, and do return the same.

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

Who brought a Bill, intituled, "An Act to illegitimate any Child, or Children, which Jane the Wife of John Lukener Esquire hath had, or shall have, during her Elopement from him."

Lukener's Children to illegitimate, Bill.

Hodie 1^a vice lecta est Billa, "An Act to illegitimate any Child, or Children, which Jane the Wife of John Lukener Esquire hath had, or shall have, during her Elopement from him."

Protest against the Bill for recognizing the K. and Q. &c. to be expunged.

The House being moved, "That the Reasons in the Protestation, made the 8th Instant, against some Words in the Bill, intituled, "An Act for recognizing King William and Queen Mary, and for avoiding all Questions touching the Acts made in the Parliament assembled at Westm. the 13th Day of February 1688," may be expunged out of the Journal:"

Then the Protestation in the Journal Book was read.

And, after Debate, the First Reason was read again.

Then the Question was propounded, "Whether the Reason now read shall be expunged out of the Journal?"

Then this previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put:

And it was Resolved in the Affirmative.

Then the House went into Debate, "Whether the Second Reason in the said Protestation should be expunged?"

The Reason was read.

And, after Debate, this Question was put,

"Whether this Reason, that hath been last read, shall be expunged out of the Journal?"

It was Resolved in the Affirmative.

"Dissentientibus,

"North & Grey.

"Weymouth.

"Leave having been asked, and given, for entering Dissents if the Questions were carried in the Affirmative:

Protest against that Resolution.

"Dissentientibus,

"Whereas the Questions for expunging the Reasons of our Protestation, April the 8th, were carried in the Affirmative; and whereas these Reasons were only against some Words in One Clause in the Bill, intituled, "An Act for recognizing King William and Queen Mary, and for avoiding all Questions touching the Acts made in the Parliament assembled at Westm. the 13th Day of February 1688," which enacted that the Acts of the late Parliament were Laws and Statutes of this Realm:

"And Leave being given to enter our Dissents to these Votes of expunging those Reasons; we do so accordingly, for these Reasons:

"1. Because it is the Privilege of the Peers, to enter their Dissent; and it has been the ancient Practice to enter also the Reasons of such Dissent, of which the Lords that so protest are the most proper Judges, as well knowing what Arguments persuaded them to be of that Opinion; and no Reasons can be more proper than such as they conceive are founded upon Matter of Fact and the Law of the Land.

"2. Because there is no Precedent of expunging the Reasons of any Protestation.

"3. Because the Protestation was not against the whole Bill, but some particular Words of it. But, by expunging the Reasons of that Protestation, it appears that we have protested against the whole Bill, which is contrary to our Sense and Intentions.

Nottingham.
H. London.
P. Winchest'r.
Abingdon.
Westmorland.
W. Asaph.
Tho. Menev.
Chandos.
Hum. Bangor.
Ed. Wigorn.
T. Jermyn."

Vincent versus Parker.

ORDERED, That this House will hear the Cause wherein Vincent Vincent Esquire is Plaintiff, and Martha is Defendant, on Tuesday the 29th Instant, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the Defendant, to the End she attend with her Counsel accordingly.

Word altered in a Protest.

The House being informed, "That the Word ["No"] was inserted in the Protestation of the Fifth of April Instant, since the Book was seen in the House this Day, which was again put out:"

It is ORDERED, That it be referred to the Lords Committees for the Journal Book, to consider whether the Word ["No."] is fit to be inserted therein or not.

Impeachments from one Parliament to another; and Proceedings below after Appeals, &c.

ORDERED, That on Tuesday next, at Ten of the Clock in the Forenoon, this House shall take into Consideration the State of Impeachments, whether they continue in Statu quo from Parliament to Parliament; and also the Report made from the Lords Committees appointed to examine and consider, whether the Courts below may proceed in the Intervals of Parliaments, after Appeals or Writs of Error are depending in this House.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 11^um diem Instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 22th Day of April, 1690,

J. Bridgewater.
Craven.
North & Grey.
Herbert.
Culpeper.