House of Lords Journal Volume 14: 25 June 1685

DIE Jovis, 25 die Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Against Importation of Arms and Ammunition, Bill.

Hodie 2^a vice lecta est Billa, "An Act against the Importation of Gunpowder, Arms, and other Ammunition and Utensils of War."

ORDERED, That the Consideration of this Bill be committed to a Committee of the whole House presently.

The House being resumed;

The Earl of Bridgewater reported, "That the Committee of the whole House have been in Consideration of the Bill against Importation of Gunpowder and other Ammunition, &c. and have read it through, and afterwards in Paragraphs; and the Committee are of Opinion, That the said Bill do pass, with One Amendment in the Title; videlicet, of the Word ["Ammunition"] for [Amucõn];"

The said Amendment was read Twice, and Agreed to.

Hodie 3^a vice lecta est Billa, "An Act against the Importation of Gunpowder, Arms, and other Ammunition and Utensils of War."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Samuell Clarke:

To let them know, that this House hath passed the Bill, with One Amendment, and desire their Concurrence thereto.

St. James's Parish, Bill.

Hodie 1^a vice lecta est Billa, "An Act for erecting a new Parish, to be called the Parish of S't James, within the Liberty of Westm'r."

Messages from H. C. with Bills.

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

Who brought up a Bill, intituled, "An Act for the Conveyance of fresh Water, through several Grounds, to the City of Rochest'."

A Message was brought from the House of Commons, by Sir Christopher Musgrave and others:

Who brought up a Bill, intituled, "An Act for reviving and continuing Two former Acts, for Encouragement of Coinage."

Coinage Bill.

Hodie 1^a vice lecta est Billa, "An Act for reviving and continuing Two former Acts, for Encouragement of Coinage."

Bangor Cathedral Bill.

The Bishop of London reported the Bill, intituled, An Act for the Repair of the Cathedral Church of Bangor, and for the Maintenance of the Choir there, and for the Augmentation of the Revenue of the Bishopric of Bangor; and also for an Augmentation of several Vicarages within the Comportions of Llandinum, in the Diocese of Bangor aforesaid," with some Amendments.

Which after reading, the said Bill was recommitted.

Northern Borders, Bill.

Hodie 2^a vice lecta est Billa, "An Act for continuing Three former Acts, for preventing Theft and Rapine on the Northern Borders of England."

ORDERED, That the Consideration of this Bill be committed to a Committee of the whole House; presently.

The House was put into a Committee.

The House was resumed.

And the Earl of Radnor reported, "That the Committee of the whole House have been in Consideration of the Bill for continuing Three former Acts for preventing Theft and Rapine upon the Northern Borders, and have read it through, and afterwards by Paragraphs; and the Committee are of Opinion, that the said Bill do pass, without any Amendment."

Hodie 3^a vice lecta est Billa, "An Act for continuing Three former Acts, for preventing Theft and Rapine on the Northern Borders of England."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Sam. Clarke and Sir Miles Cooke:

To let them know, that this House hath passed the Bill for preventing Theft and Rapine on the Northera Borders of England.

Messages from thence, with Bills, and to return the E. of Powis's.

A Message was brought from the House of Commons, by Sir Edmond Jennings and others; who brought up Two Bills:

The one, intituled, "An Act to enable the Inhabitants of the Parish of St. Anne, within the Liberty of Westm'r, to raise Money, to build a Church, to be the Parish Church there."

The other, intituled, "An Act against Importation of Tallow Candles."

A Message was brought from the House of Commons, by the Lord Bruce and others:

Who brought up a Bill, intituled, "An Act for reviving and continuing several Acts therein mentioned;" and returned a Bill, intituled, "An Act for rebuilding the Earl of Powis's House, in Lincolnes Inne Fields, lately demolished by Fire."

Reviving Acts, Bill.

Hodie 1^a vice lecta est Billa, "An Act for reviving and continuing several Acts therein mentioned."

Suppressing Pedlars, Bill.

Hodie 1^a vice lecta est Billa, "An Act for the better suppressing of Pedlars, Hawkers, and petty Chapmen."

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for repealing certain Clauses in an Act of Parliament made in the 29th and 30th Years of the Reign of His late Majesty, for prohibiting French Commodities."

Bill to repeal Part of an Act for prohibiting French Commodities.

Hodie 1^a vice lecta est Billa, "An Act for repealing certain Clauses in an Act made in the 29th and 30th Years of the Reign of His late Majesty, for prohibiting French Commodities."

Hodie 2^a vice lecta est Billa, "An Act for repealing certain Clauses in an Act made in the Nine and Twentieth and 30th Years of the Reign of His late Majesty, for prohibiting French Commodities."

ORDERED, That this Bill be committed to a Committee of the whole House; to sit To-morrow Morning.

Rochester Water, Bill.

Hodie 1^a vice lecta est Billa, "An Act for the Conveyance of fresh Water, through several Grounds, to the City of Rochest'."

Eyre versus Eyre.

It being moved, "That the Counsel should be called in, in the Cause between Eyre and Eyre:"

The Question was put, "Whether the Counsel shall be now called in?"

It was Resolved in the Negative.

St. Anne's Church, Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable the Parishioners of the Parish of S't Anne, within the Liberty of Westm'r, to raise Money, to build a Church, to be the Parish Church there."

Messages from H. C. with Bills; and to return Dufaii & al. Nat. Bill.

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

Who brought up a Bill, intituled, "An Act for rebuilding, finishing, and adorning the Cathedral Church of St. Paule's in London;" to which they desire their Lordships Concurrence.

A Message from the House of Commons, by Sir Wm. Trumball and others:

Who returned a Bill, intituled, "An Act for naturalizing James Dufaii, Theodore Jansen, and others," with some Amendments, and desire their Lordships Concurrence thereto.

Which Amendments, being Three Times read, were Agreed to.

A Message was brought from the House of Commons, by Sir Henery Goodrich and others:

Who brought up a Bill, intituled, "An Act for naturalizing Magdalen Pellassary and others."

Votes and Proxies equal.

It being moved, "That Counsel should be called in, in the Cause between Eyre and Eyre; as also whether the Bill concerning building St. Paule's Church, shall be first read."

The Question was put, "Whether the Cause shall be now called in?"

The Votes and Proxies were equal.

Whereupon,

St. Paul's Cathedral Bill.

Hodie 1^a vice lecta est Billa, "An Act for rebuilding, finishing, and adorning the Cathedral Church of St. Paule's, London."

Pellassary Nat. Bill.

Hodie 1^a vice lecta est Billa, "An Act for naturalizing of Magdalen Pellasary and others."

Message from H. C. to return the Bill to prevent the Importation of Arms and Ammunition.

A Message from the House of Commons, by the Lord Preston and others:

To return a Bill, intituled, "An Act against the Importation of Gunpowder, Arms and other Ammunition and Utensils of War," sent to them with an Amendment; to which they have agreed.

Against Importation of Tallow Candles Bill.

Hodie 1^a vice lecta est Billa, "An Act against the Importation of Tallow Candles."

St. Anne's Church Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable the Inhabitants of the Parish of St. Anne, within the Liberty of Westminst', to raise Money, to build a Church, to be the Parish Church there."

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

Their Lordships, or any Five of them; to meet at Four of the Clock this Afternoon, in the Lord Keeper's Lodgings; and to adjourn as they please.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for granting an Aid to His Majesty, by an Imposition on all French Linen, and all East India Linen, and several other Manufactures of India, and on all French Wrought Silks and Stuffs, and on all other Wrought Silks, and on all Brandies, imported after the First Day of July 1685, and before the 1st Day of July 1690."

St. Paul's Cathedral Bill.

Hodie 2^a vice lecta est Billa, "An Act for rebuilding, finishing, and adorning the Cathedral Church of St. Paule's, London."

ORDERED, That the Consideration of this Bill be committed to the same Committee as St. Anne's Bill was.

To hear Causes in Afternoons.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will sit at Four of the Clock in the Afternoons, to hear Causes.

Mason versus Onflow.

Upon reading the Petition of Geo. Woodroffe, Arth'r Onflow, and Richard Symes, Respondents to the Appeal of Mason, from a Decree made in 1671; and that many of their Papers and Evidences are in the Country, and praying the Hearing of the said Cause may be put off for some Time longer:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hearing be, and is hereby, put off till Tuesday the 7th of July next, at Four of the Clock in the Afternoon.

Skinner versus Davis.

Whereas, by Order of the Seventeenth Instant, John Davis was to put in an Answer to the Appeal of Tho. Skinner on the 24th Instant, or else this House would proceed to hear the said Cause ex Parte; which he hath not yet done:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause on Monday the 29th of June Instant, at Four of the Clock in the Afternoon.

Greenville versus E. Huntingdon, concerning Privilege in a Suit.

Upon reading the Petition of Bernard Greenville, and Anne his Wife; shewing, "That he recovered, in the Name of Mr. Geo. Nares, the last Affizes at Yorke, on Mrs. Elizabeth Lewis, a Verdict for 300 £. certain, and 200 £. Pounds more conditional, in case a Demurrer, which was to be argued the last Term, had gone for your Petitioner; but Mrs. Lewis, pretending a Protection from the Right Honourable the Earl of Huntingdon, threatened your Petitioners Counsel if they proceeded; and praying Relief:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Huntingdon do put in an Answer to the said Petition, in Writing, on Saturday next, at Ten of the Clock in the Forenoon.

Eyre versus Eyre.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to hear Counsel, in the Cause wherein Tho. Eyre of Hassop Esquire and others are Plaintiffs, and the Queen Dowager (by her Trustees) and His Majesty's Attorney of the Dutchy and Tho. Eyre and others Relators are Defendants, To-morrow at Four of the Clock in the Afternoon; and no other Business to intervene.

Winford versus Atkins.

Whereas, by Order of this House, Sir Robert Atkins Knight was to put in an Answer to the Appeal of Thomas Winford on the Tenth of June Instant:

Upon Oath made at the Bar, by Geo. Townshend, "That he served Sir Robert Atkins with the said Order," and he not having yet answered; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, in the said Cause, on Thursday the Ninth of July next, at Ten of the Clock in the Forenoon; whereof the said Thomas Winford is to cause timely Notice to be given to Sir Robert and Sir Edward Atkins for that Purpose.

Grantham versus Wood.

Whereas, by virtue of His Majesty's Writ of Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench was brought into this House on Tuesday the Sixteenth Day of June Instant, (with the Transcript thereof,) wherein Judgement is entered for Wm. Wood, against Sir Tho. Grantham Knight; which said Sir Tho. Grantham hath not prosecuted his said Writ, by assigning Errors within Eight Days next following the bringing in of the said Writ and Record (according to the Rules of this High Court); but hath rather brought the said Writ of Error for Delay of Justice and Execution upon the said Judgement:

It is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Transcript of the said Record, wherein Judgement is entered for the said Wm. Wood against the said Sir Thomas Grantham as aforesaid, be remitted; and that the said William Wood may thereupon proceed as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Transcript to be remitted, follows:

"Postea, scilicet, Decimo Sexto Die Junii, Anno Regni dicti Domini Nostri Jacobi Secundi nunc Regis Angliæ, &c. Primo, Transcript. Record. et Process. prædict. inter Partes prædict. cum omnibus ea tangent. Prætextu cujusdam Brevis dicti Domini Regis de Errore corrigend. per præfat. Thomam Grantham Milit. in Præmissis prosecut. dicto Domino Regi in præsenti Parliamento apud Westmonaster. a prædicta Curia dicti Domini Regis hic transmiss. suit; ad quam quidem Curiam Parliamenti (fn. 1) prædict. Will'us Wood, et petit quod prædict. Thomam Grantham haberet Diem ad assignand. Errorem five Errores in Record. et Process. prædict. si &c.; super quo, Dies dat. suit per Curiam Parliamenti prædict. præfat. Tho. Grantham, ad Errorem five Errores in Record. et Process. predict. assignand. usque Vicesimum Quintum Diem Junii, Anno Primo supradict. idemque dies dat. suit præfat. Will'o Wood; ad quem Diem, in eadem Curia Parliamenti apud Westmonasterium prædict. venit prædict. Will'us Wood in propria Persona sua, et prædict. Thomas Grantham (licet solemniter exact.) non venit, nec est Breve suum de Errore predict. ulterius prosecut.; propter quod, consideratum est per Curiam Parliamenti prædict. Vicesimo Quinto Junii remittentur, et quod prædict. Will's Wood in Curia dicti Domini Regis coram ipso Rege haberet inde Executionem versus præfat. Thomam Grantham, juxta Formam et Effectum Judicii prædict. dict. Brevi de Errore ac Process. super inde habit. in aliquo non obstant.; ac superinde Record. et Process. predict. Cur. dicti Domini Regis per Curiam Parliamenti predict. coram dicto Domino Rege ubicunque, &c. remittentur, et in eadem Curia dicti Domini Regis coram ipso Rege jam resident, &c."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 26^um diem instantis Junii, hora nona Aurora, Dominis sic decernentibus.