House of Lords Journal Volume 14: 17 December 1690

DIE Mercurii, 17 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baines' Bill.

Hodie 1^a vice lecta est Billa, "An Act for the vesting several Messuages and Tenements in the City of London (late the Estate of John Baynes Gentleman deceased) in Trustees, to be sold, for Payment of Debts."

Bagnal's Bill.

The Earl of Rochester reported from the Committee, the Proofs of the Allegations in the Bill, intituled, An Act to bar a Remainder limited to Dudley Bagnall Esquire, in the Estate of Nicholas Bagnall Esquire, in Ireland, pursuant to the Order of the Committee."

Upon Consideration whereof, the House ORDERED, That the Committee proceed upon the said Bill Tomorrow, at Nine of the Clock in the Forenoon.

ORDERED, That the Lord President, Lord Great Chamberlain, and Lord Jermyn, be added to the Earl of Aylesburye's Committee.

Message from H. C. for a Conference, on the Mutiny Bill.

A Message was brought from the House of Commons, by Sir John Guize and others:

To desire a Conference, upon the Subject-matter of their Lordships Amendments sent down by the Lords to the Bill, intituled, "An Act for punishing Officers and Soldiers who shall mutiny, or desert Their Majesties Service, and for punishing false Musters."

Answer.

The Messengers were called in; and told, "That the Lords agree to a Conference; and appoint the same to be presently, in the Painted Chamber."

Then these Lords following were named Managers of the Conference:

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to enable Thomas Sheafe to sell Lands, for Payment of Debts, and making Provision for his Wife, according to an Agreement for that Purpose;" to which they desire their Lordships Concurrence.

Aske's Charitable Uses Bill.

The Lord North reported from the Committee, the Bill, intituled, "An Act for settling a Charity given by Robert Aske Esquire to the Company of Haberdashers of London," with some Amendments.

Which were Twice read, and agreed to.

Hodie 3^a vice lecta est Billa, "An Act for settling a Charity given by Robert Aske Esquire to the Company of Haberdashers of London."

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

It was Resolved in the Affirmative.

Message to H. C. with it; and that the Lords agree to Serle's Bill.

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

To carry down the said Bill, and to desire their Concurrence to the Amendments; and to let them know, that this House hath agreed to the Amendments made to the Bill, intituled, "An Act for selling the Estate of Henry Serle Esquire, deceased."

Conference on the Mutiny Bill.

The Managers being come to the Conference, the House was adjourned during Pleasure, and the Lords Reporters went to the Conference.

Which being ended, the House was resumed.

Report of it.

And the Duke of Somersett reported the Effect of the Conference; which was, "That the Commons have agreed to all the Amendments made by the Lords; except 2 Press, Line 6, after ["Company"], add ["in which he last served"]; which was read: And to the Amendment, 6 Pr. 27 L.; nor to the Proviso (A).

"2. Pr. L. 6. The Lords agree to the Amendment made by the House of Commons, with the Addition of the (fn. 1) Word ["as a listed Soldier"].

"6 Pr. L. 27. The Lords insist upon their Amendment.

"The Lords insist upon the Clause marked (A).

"The Lords insist upon their Amendment in 27th Line of 6th Press:

"Because the Officer cannot incur the Penalty, unless he commit the Fault willfully, which is expressed in the Bill; so there can be no Surprize.

"Because no one Man can be supposed to be of such Importance as the Bill, which might be eluded if this was admitted.

"The Lords insist on the Clause (A), and disagree to the Commons Amendment:

"Because, if the Bill should extend in its full Latitude to Jersey and Guernsey, it would be impossible for such Number of Soldiers as may be thought necessary by His Majesty to be quartered there, there being so few Public Houses to receive them."

Message to H. C. for another Conference on this Subject.

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

To desire a present Conference, in the Painted Chamber, upon the Subject-matter of the last Conference.

The Messengers return with this Answer:

Answer.

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

The same Managers to manage this Conference as before.

The Commons being come, the House was adjourned during Pleasure; and the Managers went to the Conference.

The Conference being ended, the House was resumed.

Report of the Conference.

And the Lord Marquis of Hallifax acquainted the House, "That the Managers had delivered the Bill and Amendments, as commanded."

Messages from H. C. with Bills; and to return the one to prevent the E. of Salisbury's cutting off the Entail of his Estate.

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

To return the Bill, intituled, "An Act for limiting the Power of James now Earl of Salisbury to cut off the Entail of his Estate," with some Amendments; to which they desire their Lordships Concurrence.

The Amendments were read Twice, and the Debate adjourned to To-morrow.

A Message was brought from the House of Commons, by Sir John Guies and others:

To let the House know, they have agreed with the Lords Amendments to the Bill, intituled, "An Act for punishing Officers and Soldiers who shall mutiny, or desert Their Majesties Service, and for punishing false Musters."

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

Who brought up a Bill, intituled, "An Act for granting to Their Majesties certain Impositions upon all East India Goods and Manufactures, and upon all Wrought Silks, and several other Goods and Merchandizes, to be imported after the Five and Twentieth Day of December, One Thousand Six Hundred and Ninety;" to which they desire their Lordships Concurrence.

East India Goods, &c. Duty on, Bill.

Hodie 1^a vice lecta est Billa, "An Act for granting to Their Majesties certain Impositions upon all East India Goods and Manufactures, and upon all Wrought Silks, and several other Goods and Merchandizes, to be imported after the Five and Twentieth Day of December, One Thousand Six Hundred and Ninety."

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

Sedgwick versus Hitchcock & al.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Obadiah Sedgewicke is Plaintiff, and George Hitchcocke and others Defendants, on Friday next, at Nine of the Clock in the Forenoon; and that all the Judges do then attend the House.

Burrows Pet. for Leave to proceed against Dodd & al. at Law.

Upon reading the Petition of Thomas Burrows Gentleman; praying, "That he having restored the Possession, and submitted to their Lordships Orders not to proceed upon a Verdict at Shrewsbury Affizes, against Anne Dod and others, he may now have the Leave of this Honourable House, to prosecute his just Right and Title at Law, and may not forfeit his Estate, to which he has a good Title at Law; because he once had a Decree in Chancery to protect his Estate, which Decree is reversed by this House;" as also upon reading the State of Proceedings delivered in by the Clerk, and the Judgements of this House in this Cause:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate thereupon shall be adjourned to To-morrow, at Ten of the Clock in the Forenoon.

Bakebaine versus Harford.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Thomas Beakebaine, being an Appeal from a Decree made the Twenty-fifth Day of February, One Thousand Six Hundred Eighty-five, in the Court of Chancery, in a Cause there depending, between the Petitioner and John Harford and Anne his Wife; as also upon the Answer of the said John Harford and Anne his Wife put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Thomas Beakebaine shall be, and is hereby, dismissed this House; and that the Decree from which he appealed to this House, made on the Behalf of John Harford and Anne his Wife, shall be, and is hereby, affirmed.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, (videlicet,) 18^um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.