House of Lords Journal Volume 14: 15 November 1690

DIE Sabbati, 15 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Searle's Bill.

Hodie 2^a vice lecta est Billa, "An Act for selling the Estate of Henry Serle Esquire, deceased."

Petworth Parsonage Bill.

Hodie 2^a vice lecta est Billa, "An Act for uniting the Parsonage of Petworth to the Bishopric of Chichester."

ORDERED, That the Consideration of the abovesaid Bills be, and are hereby, referred to these Lords following:

Their Lordships, or any Three of them; to meet on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bigg's Bill.

The Lord North reported from the Committee, the Bill, intituled, "An Act to vest divers Messuages and Tenements (the Estate of David Bigg Esquire) in Trustees, to be sold; and for laying out the Money to be raised thereby in the Purchase of Lands more to his Convenience, to be settled to the same Uses;" without any Amendment.

Hodie 3^a vice lecta est Billa, "An Act to vest divers Messuages and Tenements (the Estate of David Bigge Esquire) in Trustees, to be sold; and for laying out the Money to be raised thereby in the Purchase of Lands more to his Convenience, to be settled to the same Uses."

Then the Question was put, "Whether this Bill shall pass into a Law?"

It was Resolved in the Affirmative.

Vilet's Bill.

The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act to vest the Manors and Lands late of George Vilet Esquire in Trustees, to be sold, for raising Portions for his Daughters," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, "An Act to vest the Manors and Lands late of George Vilet Esquire in Trustees, to be sold, for raising Portions for his Daughters."

Then the Question was put, "Whether this Bill shall pass into a Law?"

It was Resolved in the Affirmative.

De la Chambre & al. Nat. Bill.

Hodie 3^a vice lecta est Billa, "An Act for the Naturalization of Francis De la Chambre and others."

Then the Question was put, "Whether this Bill shall pass into a Law?"

It was Resolved in the Affirmative.

Admiralty Commissioners Bill.

Then the House took into Consideration the Amendments made by the Commons to the Bill, intituled, An Act concerning the Commissioners of the Admiralty."

The Amendments and Proviso were read Three Times, and Agreed to.

Message to H. C. that the Lords agree to Amendments in it; and with Bills.

A Message was sent to the House of Commons, by Sir Miles Coke and Mr. Meridith:

To carry down the Bill, intituled, "An Act for the Naturalization of Francis De la Chambre and others;" and to desire their Concurrence thereunto; and to acquaint them, that this House hath passed the Bills, intituled,

1. "An Act to vest divers Messuages and Tenements (the Estate of David Bigg Esquire) in Trustees, to be sold; and for laying out the Money to be raised thereby in the Purchase of Lands more to his Convenience, to be settled to the same Uses."

2. "An Act to vest the Manors and Lands late of George Vilet Esquire in Trustees, to be sold, for raising Portions for his Daughters;" without any Amendments.

And that they have agreed to the Amendments sent by them to the Bill, intituled, "An Act concerning the Commissioners of the Admiralty."

Orphans of London, Judicature for Relief of, Bill.

Hodie 1^a vice lecta est Billa, "An Act for erecting a Judicature for the Relief of the distressed Orphans of the City of London."

Hildeyard's Bill.

The Earl of Stamford reported from the Committee, the Bill, intituled, "An Act to enable Phillip Hildeyard Esquire to sell Lands in Surrey, and to settle Lands in Lincolnesheire in Lieu thereof," with One Amendment.

Which was read Twice, and Agreed to; and the Bill ordered to be engrossed, with the said Amendment.

L. Hatton takes the Oaths.

This Day Christopher Lord Viscount Hatton took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

D. of Schonberg takes his Seat.

This Day Charles Duke of Schonberge sat first in Parliament, upon the Death of his Father Fr'dericke Duke of Schonberge.

He took the Oaths, and made and subscribed the Declaration, pursuant to the Statute; and took his Place on the Earls Bench next below the Duke of Bolton: His Writ bears Date the 13th of November, Secundo Gulielm. et Mariæ.

Quakers Scruples in Method of Swearing Bill concerning.

Hodie 1^a vice lecta est Billa, "An Act to prevent Obstructions of Justice, and other Inconveniencies, occasioned by many Protestant Subjects scrupling to swear in the Form and Manner now used."

Lords to be summoned.

Upon the First Reading of the Bill, intituled, "An Act to prevent Obstructions of Justice and other Inconveniencies occasioned by many Protestant Subjects scrupling to swear in the Form and Manner now used:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be read the Second Time on Wednesday next, at Ten of the Clock in the Forenoon; and that all the Lords in and about the Town be then summoned to attend, and all the Judges.

Dutchess of Albermarle versus E. of Bath.

After hearing this Day at the Bar, the Counsel of her Grace the Dutchess of Albermarle, as also for the Creditors of the late Duke of Albermarle, as also Counsel for the Right Honourable the Earl of Bath, as to what his Lordship offered, "That if the Counsel for her Grace the Dutchess of Albermarle, and the Creditors of the late Duke of Albermarle, will allow the last Allegations put in by the Earl of Bath to be true, that then he will not insist upon his Privilege, but proceed in the Cause; which they refused to do:"

After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Right Honourable John Earl of Bath shall not claim the Privilege of Parliament beyond the First Day of Easter Terme next in this Case.

Burchet versus Durdant in Error.

After hearing Counsel at the Bar, on Friday last, to argue the Errors assigned upon the Writ of Error brought into this House, the Eighteenth Day of October last, by John Burchett Plaintiff in the said Writ of Error; as also Counsel for Mary Durdant Defendant in the said Writ of Error:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given in the said Writ of Error, for the said Mary Durdant, against the said John Burchett, shall be, and is hereby, affirmed; and that the Transcript of the said Writ of Error be remitted, to the End the said Mary Durdant may proceed thereupon as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Record, followeth:

"Postea, scilicet, Decimo Octavo Die Octobris, Anno Regni Domini Will'i et Dominæ Mariæ nunc Regis et Reginæ Angl. &c. Secundo, Transcript. Record. et Process, præd. inter Partes præd. cum omnibus ea tangent. Prætextu cujusdam Brevis de Errore corrigend. per præd. Joh'em Burchett in Præmissis prosecut. dictis Domino Regi et Dominæ Reginæ in præsenti Parliamento a præd. Cur. dictor. Domini Regis et Dominæ Reginæ transmiss. fuit; prædictusque Joh'es Burchett in eadem. Cur. Parliamenti comparens, diversas Causas et Materias pro Error. in Record. et Processu præd. ac in Redditione Judicii præd. nec non in Affirmatione Judicii præd. pro Revocatione et Adnullatione Judicii præd. et Affirmationis Judicii præd. assignavit; ad quas præd. Maria Durdant in eadem Cur. Parliamenti præd. comparens, placitavit, quod nec in Recordo et Processu præd. nec in Redditione Judicii præd. in ullo fuit Erratum: Et postea, scilicet, Decimo Quinto Die Novembris, Anno Regni dictor. Domini Regis et Dominæ Reginæ Secundo supradicto, in præd. Cur. Parl. visis et per Cur. ibidem diligenter examinatis et plenius intellectis tam Recordo et Processu præd. ac Judicio super eisdem reddit. nec non Affirmatione Judicii præd. quam præd. Causis et Materiis per præd. Joh'em Burchett pro Erroribus superius assignat. et allegat. pro eo videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. ill. ac in Redditione Judicii præd. nec non in Affirmatione Judicii præd. in nullo fuit Erratum, ideo ad tunc et ibidem consideratum fuit per eandem Curiam Parliamenti præd. quod tam Judic. præd. quam Judic. Affirmationis Judicii ill. in omnibus affirmentur, et in omni suis Robore stent et Effectu; dictis Causis et Materiis superius pro Error. assignat. in aliquo non obstantibus; & quod prædicta Maria Durdant in Cur. dictorum Domini Regis & Dominæ Reginæ, coram ipsis Rege & Regina, habeat inde Executionem, juxta Formam & Effectum Judicii præd. nec non Affirmationis Judicii præd.; ac super inde Record. & Process. præd. cum omnibus ea tangen. Cur. dictorum Domini Regis & Dominæ Reginæ per Cur. Parliamenti præd. coram ipsis Rege & Regina ubicunque, &c. remittuntur; & in eadem Cur. dictorum Domini Regis & Dominæ Reginæ, coram ipsis Rege & Regina, jam resident."

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 17^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 4th Day of December, 1690,

J. Bridgewater.
North & Grey.
R. Sydney.
Herbert.