House of Lords Journal Volume 14: 13 May 1690

DIE Martis, 13 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bill for the Queen to be Regent.

The Earl of Rochester reported from the Committee, the Reason for the Amendment made to the Proviso sent up by the House of Commons to the Bill, intituled, "An Act for the Exercise of the Government by Her Majesty, during His Majesty's Absence."

Which was read, and agreed to, as follows:

"The Lords have thought fit to make this Addition to the Proviso (A), because it is explanatory of the Amendments offered by the House of Commons, that there may be no Doubt but that the full Power doth still remain in the King."

Answer from H. C.

The Messengers sent Yesterday to the House of Commons return with this Answer:

That the Commons will give a Conference, as is desired.

The Commons being come, the Managers Names were read.

The House was adjourned during Pleasure, and the Lords went to the Conference, with the Amendment and Reason; which being ended, the House was resumed.

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Captain Bicker staffe and others:

Who brought up a Bill, intituled, "An Act for the discouraging the Importation of Thrown Silk;" to which they desire their Lordships Concurrence.

Thrown Silk, to discourage the Importation of, Bill.

Hodie 1^a et 2^a vice lecta est Billa, "An Act for the discouraging the Importation of Thrown Silk."

ORDERED, That the said Bill shall be read the Third Time To-morrow, at Ten of the Clock in the Forenoon.

Messages from H. C. with a Bill; and to return the Bill for the Queen to be Regent.

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

To return the Bill for the Exercise of the Government by Her Majesty during His Majesty's Absence; and to acquaint the Lords, that they have agreed to the Amendment made by this House in their Proviso marked (A).

A Message was brought from the House of Commons, by Sir Robert Napper and others:

Who brought up a Bill, intituled, "An Act for the confirming to the Governor and Company trading to Hudson's Bay their Privileges and Trade."

Hudson's Bay Comp. Bill.

Hodie 1^a vice lecta est Billa, "An Act for the confirming to the Governor and Company trading to Hudson's Bay their Privileges and Trade."

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Thomas Litleton and others:

Who brought up a Bill, intituled, "An Act for the encouraging and better establishing the Manufacture of White Paper."

Bill to restore the City of London to its Privileges, and for reversing a Judgement against it.

The Order read, for the Business of the Day; which was, for the House to be put into a Committee, and hearing the Counsel of the Lord Mayor and Aldermen of the City of London, upon the Bill, intituled, "An Act for reversing the Judgement in a Quo Warranto against the City of London, and for restoring the City of London to its ancient Rights and Privileges."

Corporation of London heard concerning it.

The House was adjourned during Pleasure, and put into a Committee on the said Bill, and heard the City's Counsel.

The House was resumed.

And the Earl of Nottingham reported, "That the Committee had sat according to Order; and that they have thought fit (upon the Counsel desiring it) to allow further Time for the City of London to be heard by their Counsel to this Bill."

After Debate thereupon,

This Question was put, "Whether to agree with the Committee in allowing them longer Time?"

It was Resolved in the Negative.

Protest against not allowing them further Time.

"Leave having been given to any Lords to dissent, if the Question was carried in the Negative;

"Dissentiente, "Fauconberg.

"We, whose Names are hereafter written, do protest to the said Question, in the Reasons following:

"1. Because it seems very hard, that a further Time of Preparation should not be allowed, in a Case of the highest Importance, to which the City, by their whole Representative Body, had desired to be heard; especially several Lords having informed the House, on their Behalf, that the Time granted them was not sufficient to instruct their Counsel in; who, at the Bar did also desire a further Day, to be able to speak to such important Points, declaring themselves not sufficiently prepared, having their Instructions but late the Night before.

"2. Because, of how much greater Moment any Thing is, so much the greater Deliberation and Advice ought to be had upon it; and this is of such high Importance, that it not only concerns the City of London, but all the Corporations in England that are by Prescription, and in Consequence the Legislative of this Government.

"Bolton.
C. Cornwallis.
Stamford.
Maclesfeld.
Oxford.
Bedford.
Devonshire.
Vaughan.
Newport.
Dorset.
J. Bridgewater.
Bathe.
Clifforde.
R. Eure.
Clare.
Montagu.
Granville.
Warrington.
Manchester.
Monmouth.
P. Wharton.
J. Lovelace.
Carteret.
Ossulstone.
Herbert.
R. Sydney."

Counsel heard upon the Bill again.

Then the House was again adjourned during Pleasure, and put into a Committee on the said Bill; and heard the Counsel of the City of London, and read the Bill.

The House was resumed.

And the Earl of Nottingham reported what was urged and said by the Counsel; and, "that the Committee had made some Progress in the Bill; and that the Committee desired that the House would appoint To-morrow Morning, the First Business, for the House to be put into a Committee again on the said Bill; and that some of the Judges attend, and all the Lords to be summoned."

To which the House agreed, and ordered as follows:

Lords to be summoned on it.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee To-morrow, at Ten of the Clock in the Forenoon, the First Business, to proceed upon the Bill, intituled, An Act for reversing the Judgement in a Quo Warranto against the City of London; and that the Lord Chief Justice of the King's Bench, and the Lord Chief Justice of the Common Pleas, and Mr. Justice Eyres, and such other Judges as can come, do then attend; and all the Lords be summoned."

Leech & al. to attend about it.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Benjamine Leech, Mr. George Evans, Sir Samuell Astrey, Mr. Browne, Mr. Ward, Mr. Samuell Harwood, John Hill, Mr. Jermaine, Mr. Wm. Lillington, Mr. Rich. Normansell, Mr. Trotman, Secondaries, Mr. Jn° Hogg, Mr. John Bancks, Thomas Heatly Clerk of Ironmongers Company, Mr. Lucy Knightly, Sir Nath. Halton, Mr. Breden, Mr. Edward Whitacar, Jos. Browne, Mr. Thomas Hunt, Christopher Foster, Randolph Watson, John Cox, Doctor Thomas Gardiner, Mr. Blackborne, Thomas Coales, Henry Stroude, Mr. Henry Chandler, Mr. Nath. Greene, Robert Tarlton, Mr. George Ince, Mr. Rich. Bateman, Mr. John Cresner, Mr. Godfrey Clarke, Mr. Cutbert the Goldsmith, Mr. John Minchard, Mr. Samuell Lemot, Mr. Dewey, Mr. Lionell Sharpe, Samuell Howard, John Moris, Mr. Morton, Peter White, Mr. John Cosby, and George Evans Esquire late Clerk to the Lieutenancy, be, and are hereby, required to attend this House Tomorrow, at Ten of the Clock in the Forenoon.

Malmsbury Town versus Regem, in Error.

Upon hearing Counsel this Day at the Bar, to argue the Errors upon a Writ of Error depending in this House, wherein the Aldermen and Burgesses of the Borough of Malmesbury, in the County of Wilts, and Henry Witt, Hugh Towers, Henry Knee, Henry Denning, Thomas Burgess, John Hill, John Turner, John Tull, Henry Arnold, William Wimbow, and Rich. Webb, are Plaintiffs, and Their Majesties now Defendants, which Writ was brought into this House the Second Day of January, 1689:

After due Consideration had of what was offered on either Part concerning the same, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgements given against the said Aldermen and Burgesses of the Borough of Malmesbury, and against the said Henry Witt, Hugh Towers, Henry Denninge, and other the said Plaintiffs in the Writ of Error, by the Court of King's Bench, on the Behalf of the late King Charles the Second and the late King James the Second, shall be, and are hereby, reversed.

"Et postea, scilicet, Secundo Die Januarii, Anno Regni Domini Gulielmi & Dominæ Mariæ Regis & Reginæ Angl. Scot. Franc. & Hib'niæ, &c. Primo, Transcript. Record. & Process. prædict. cum omnibus ea tangentibus, Prætextu cujusdam Brevis de Errore corrigend. per præsat. Alderman. & Burgenses Burgi de Malmesbury, in Com. Wilts, & præsat. Henric Witt, Hugonem Towers, Henricum Knee, Henric. Denninge, Thom. Burgess, Joh'em Hill, Joh'em Turner, Joh'em Tull, Henricum Arnold, Will'm Wimbow, & Ric'um Webb, in Præmiss. prosecut. dict. Domino Regi & Dominæ Reginæ, in Parliamento suo tunc tentum apud Westm. a Curia dict. Domini Regis & Dominæ Reginæ, coram ipsis Rege & Regina, hic transmiss. suit; prædictique Aldermanus & Burgenses Burgi de Malmesbury, & præd. Henricus Witt, Hugo Towers, Henric. Knee, Henric. Denninge, Thomas Burgess, Joh'es Hill, Joh'es Turner, Joh'es Tull, Henric. Arnold, Will'us Wimbow, & Ric'us Webb, in Cur. Parliament. dict. Domini Regis & Dominæ Reginæ incept. & tent. apud Westm. Vicesimo Die Martii, Anno Regni dict. Domini Regis & Dominæ Reginæ Secundo comparentes, diversas Mater. pro Erroribus in Recordo et Process. præd. et in Redditione Judic. præd. assignaverunt, ad quas Georg. Treby Mil. Attorn. dict. Domini Regis & Dominæ Reginæ nunc General. in eadem Cur. Parliament. ult. mentionat. comparuit, & placitavit quod nec in Recordo nec in Processu nec in Judic. præd. in ullo est Errat. & pet. quod Cur. Parliament. dict. Domini Regis & Dominæ Reginæ procederet ad Examinationem tam Record. & Process. quam Materiarum præd. pro Erroribus assignat.: Et postea, scilicet, Decimo Tertio Die Maii, Anno Regni dict. Domini Regis & Dominæ Reginæ Secundo, in Cur. Parliamenti dict. Domini Regis & Dominæ Reginæ tent. apud Westm. visis & per Cur. ibidem diligenter examinatis, & plenius intellectis, tam Recordo & Process. præd. & Judic. super eisdem reddit. quam præd. Causis & Materiis pro Erroribus superius assignat. & allegat. maturaque Deliberatione inde habita, consideratum est per Cur. præd. Parliamenti quod Judic. præd. in dict. Cur. dicti Domini Caroli Secundi nuper Regis & Domini Jacobi Secundi nuper Regis reddit. revocentur, adnullentur, & penitus pro nullo habeantur; & quod præd. Aldermanus & Burgenses Burgi de Malmesbury, & præd. Henricus Witt, Hugo Towers, Henricus Knee, Henric. Denninge, (fn. 3) Thomas Burgess, Joh'es Hill, Joh'es Turner, Joh'es Tull, Henric. Arnold, Will'us Wimbow, & Ric'us Webb, ad omnia ea quæ Occasione Judic. præd. amiser. restituantur."

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 14^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.