House of Lords Journal Volume 14: 21 April 1690

DIE Lunæ, 21 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day John Lord Vaughan took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes made in that Behalf.

John Mathewes and John Evelyn made Oath at the Bar, "That they did see the Lord Viscount Lumley receive the Sacrament, according to the Church of England."

This being done, his Lordship took the Oaths, and made and subscribed the Declaration directed, according to the Statute of 25 Caroli II.

Message from H. C. with a Bill; and that they agree to the Amendments in the Poll Bill.

A Message was brought from the House of Commons, by the Chancellor of the Exchequer and others:

1. To let their Lordships know, that they agree to the Amendments which their Lordships made in the Act for raising Monies, by a Poll or otherwise, towards the reducing of Ireland, and prosecuting the War against France.

2. To present their Lordships with a Bill, intituled, "An Act for granting to Their Majesties, for Their Lives, and the Life of the Survivor of Them, certain Impositions upon Beer, Ale, and other Liquors;" to which their Lordships Concurrence is desired.

E. of Scarborough introduced.

This Day Richard Lord Viscount Lumley, being created Earl of Scarb'rough, being in his Robes brought into the House, between the Earl of Bridgewater and the Earl of Stamford, being also in their Robes; Garter King at Arms, the Gentleman Usher of the Black Rod, and the Lord Great Chamberlain, going before, and so presented him to the Lords.

His Lordship presented his Patent to the Speaker, on his Knee, on the Woolsack; who, receiving it, presently again brought it to the Clerk's Table, where it was read, bearing Date the 15th Day of this Instant April, 1690: And, after this, was brought and placed on the Earls Bench.

E. of Warrington introduced.

In the like Manner, Henry Lord Delamer, being created Earl of Warrington, by Patent dated the 17th Day of this Instant April, 1690, was introducted, between the Earl of Stamford and the Earl of Bridgwater.

His Patent was read at the Table; and then brought to his Place at the lower End of the Earls Bench.

Bill for a Grant of an Excise to Their Majesties.

Hodie 1^a vice lecta est Billa, "An Act for granting to Their Majesties, for Their Lives, and the Life of the Survivor of Them, certain Impositions upon Beer, Ale, and other Liquors."

L. Willoughby of Eresby introduced:

This Day Robert Willoughby de Eresby Chevalier, Eldest Son of Robert Earl of Lindsey, Lord Great Chamberlain of England, having received Their Majesties Writ, to summon him to sit in this present Parliament, was introducted, in his Robes, between Phillip Lord Wharton and Peregrine Lord Keveton; the Gentleman Usher of the Black Rod, Garter King at Arms, and the Lord Great Chamberlain of England, going before him.

His Lordship delivered his Writ of Summons, on his Knee, to the Speaker of the House; who delivering the same to the Clerk of the Parliaments, it was read at the Table; and afterwards he was placed on the Barons Bench, in his Father's Barony.

The Writ of Summons:

His Writ of Summons:

"Gulielmus & Maria, Dei Gratia, Angl. Scot. Franciæ, & Hib'niæ Rex & Regina, Fidei Defensores, &c. Prædilecto & Fideli Nostro Rob'to Willughby de Eresby Chevalier, Salutem: Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Angliæ & Ecclesiæ Anglicanæ concernentibus, præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Vicesimo Die Martii ult. præterit. teneri ordinavimus, & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri Colloquium habere et tractatum; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, ad Parliamentum Nostrum præd. Vicesimo Primo Die instantis Aprilis, personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus præd. super dictis Negotiis tractatur. vestrumque (fn. 1) Consilium impensur. Et hoc, sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ prædict. Expeditionem que dictorum Negotiorum diligitis, nullatenus omittatis.

"Testibus Nobis ipsis, apud Westm. 19° Die Aprilis, Anno Regni Nostri Secundo.

"Barker."

Takes the Oaths.

After this, Robert Lord Willoughby de Eresby took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes made in that Behalf.

Law, Practice of, Bill for regulating.

Upon Report of the Bill, intituled, "An Act for the Benefit of the Subject, in relation to the Practice and Execution of the Law:"

A Petition of Shem Bridges Esquire, William Tempest Esquire, Richard Ashton, Tobias Eden, Officers in the Courts of Law and Equity, and of many other Officers in the said Courts; praying, "That they may be heard, by their Counsel, before the said Bill pass:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be, and is hereby, re-committed to the Committee of the whole House, on Wednesday next, after the Cause appointed for the Day is heard; at which Time the Petitioners shall be heard by their Counsel, as to what they have to object against the said Bill.

Peacock, L. Howard's Servant, arrested.

The House being informed, "That Thomas Peacocke, menial Servant to the Lord Howard of Escrik, a Peer of this Realm, is arrested, within the Time of Privilege of Parliament, contrary to the Privilege of Parliament, by Dunning and Woodhouse, Bailiffs:"

Peacock released; and Dunning and Woodhouse sent for.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Peacock be, and is hereby, set at Liberty, if he now remains in Custody; and that Dunning and Woodhouse Bailiffs be, and are hereby, required to attend at the Bar of this House on Monday the 5th Day of May next, at Ten of the Clock in the Forenoon, as they will answer the contrary at their Peril: And this shall be a sufficient Warrant on that Behalf.

Whether the Lords may amend Errors, before they have been heard in the Exchequer Chamber.

Upon Report from the Lords Committees appointed to examine what Precedents they can find of Writs of Error returned into the House of Peers, upon Judgements in the Exchequer, before any Writs of Error sued out before the Lord Chancellor and Lord Treasurer:

It is ORDERED, That the said Lords Committees may enquire, by such Ways as they shall think fit, whether the House of Peers may correct Errors of Judgements in the Exchequer, before they have been brought before the Treasurer and Chancellor in the Exchequer Chamber; and that their Lordships may hear Counsel, and the Judges, as they shall think fit.

Ludlow, Master of the Silver-office, Petition, concerning a Fee demanded by the Judges.

Upon reading the Petition of Henry Ludlow, Master the King's Silver-office; shewing, "That the Puisne Judges of the Common Pleas have demanded a Fee out of the Petitioner's Office; whereas, in Truth, no such Fee was ever till of late paid, or demanded; and praying, that he may be heard against the Demand of the said Fee, in order to the settling and determining of the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be, and is hereby, referred to the Lords Committees for Petitions; who are to hear such Persons concerning the same as they shall think fit, and afterwards to report to the House.

Foden versus Farrington.

It is ORDERED, That the Petition of Edward Foden Esquire be, and is hereby, referred to the Lords Committees for Petitions; who are to consider thereof, and report to the House.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, 22^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.