House of Lords Journal Volume 15: 2 January 1692

DIE Sabbati, 2 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Heads for a Conference on the Printed Vote of H. C. for regulating the East India Company.

The Earl of Rochester reported from the Committee, the Reasons drawn by them, upon the Debate on Thursday last, upon a Vote of the House of Commons on the Eighteenth of December last, concerning regulating of the East India Company.

The Preamble and Reasons were read entirely.

Then the Preamble was read.

After Debate,

The Question was put, "Whether the Preamble now read shall be postponed?"

It was Resolved in the Negative,

Then the Question was put,

"Whether to agree to the Preamble thus amended?"

It was Resolved in the Affirmative.

Then the Question was put,

"Whether the present Debate shall be adjourned to Monday next?"

It was Resolved in the Negative.

The First Reason was read.

And, after Debate,

An Instance was cited, out of Cotton's Abridgement, 47 Ed. III. the Burgess of Bristoll's Case.

And, after Debate,

The Question was put, "Whether the original Record of this Precedent shall be sent for?"

It was Resolved in the Negative.

Protest against not sending for a Record.

"Dissentientibus,

Halifax.
Devonshire.
Weymouth.
Nottingham.
H. London."

Then the First Reason was read.

And the Question was put, "Whether to agree to this First Reason?"

It was Resolved in the Affirmative.

Then the Second Reason was read.

And the Question was put, "Whether to agree to this Second Reason?"

It was Resolved in the Affirmative.

Then the last Paragraph was read, and agreed to.

Then the whole Paper was read, and agreed to, as followeth:

Heads for a Conference with H. C. concerning Votes of theirs for incorporating the E. I. Company.

"The House of Lords have desired this Conference, in order to continue that good Correspondence between the Two Houses; which, being at all Times necessary to be preserved for the carrying on the public Business of the Kingdom, is more especially of the greatest Importance in this Conjuncture, for the Service of Their Majesties, and the Peace and Settlement of the Nation: But, whenever there shall be any Proceedings, in either House of Parliament, that may seem contrary to the ancient and usual Methods observed between the Two Houses, Conferences have always been the fairest and the most Parliamentary Way of rectifying the same. The present Occasion of mentioning this, is from a printed Paper, intituled, Votes of the House of Commons, Veneris, 18° Die Decembris, 1691; which concludes in these Words, By Virtue of an Order of the House of Commons, I do appoint Thomas Braddyll and Robert Everingham to print these Votes; and that no others do presume to print the same: J. Trevor, Speaker: London, printed by Thomas Braddyll and Robert Everingham, and are to be sold at the Seaven Starrs in AveMary Lane, 1691: Wherein, amongst other Things, are expressed these Words following:

"That (Security being first given) an humble Address be presented to His Majesty, to incorporate the present East India Company by Charter, according to the Regulations agreed upon by the House, that the same may pass into an Act of Parliament."

Which Words, as they are there printed, their Lordships conceive, contain in them Matter very proper for their Lordships to take Notice of to the House of Commons; as seeming to change the Method of Proceedings of one House in relation to the other, as likewise that of both Houses to the King:

"1st, First, because they conceive that the printing and publishing a Resolution of either House, to address to the King to grant a Charter upon Regulations agreed on in One House only, in order to pass that Charter into an Act of Parliament, is without Precedent.

"And, Secondly, the printing and publishing a Resolution of this Nature, of either or both Houses, though in Concurrence, may be very inconvenient; because addressing to the King for a Charter to make a Grant in the First Place under the Great Seal, of Things to be passed afterwards into an Act of Parliament, would invert the Method of both Houses in applying to the King for His Royal Assent, which ought to be done by Bill, and consequently cannot be obtained till after that Bill be passed both Houses, and not by Address, which is to desire the King's Consent in the First Place, before the Bill be begun in either House.

"These Considerations have been of that Weight with their Lordships, upon this printing and publishing the aforesaid Resolution of the House of Commons, that they have judged it necessary to communicate them to you. And as their Lordships hope and believe there was no more but an accidental Mistake in the printing this Paper, which may happen in the greatest and wisest Counsels through the Multiplicity of Affairs; so they are persuaded, that you will be so far convinced of the ill Consequences such Mistakes may occasion, if not seasonably rectified, that they cannot doubt but you will think yourselves obliged to set this Matter right; since, by its being printed in the Manner it hath been done, it makes the Intentions of the House of Commons public, in a Point wherein the Lords conceive themselves concerned in relation to the usual Proceedings of Parliament.

Protest against them.

"Dissentientibus,

Halifax.
Nottingham.
H. London."

It is ORDERED, That a Conference shall be sent for, on Monday Morning next, with the House of Commons, upon this Business.

Northcote versus Northcote.

Upon reading the Petition and Appeal of William Northcote Esquire, and Alice his Wife, Executrix of John Northcote, deceased, from several Decrees and Orders on Re-hearing, made in the Lord Keeper North's Time and since, on the Behalf of Sir Francis Northcote and Dame Elizabeth Northcote, and praying the Reversal of the said Decrees and Orders:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Francis Northcote and Dame Elizabeth Northcote may have a Copy of the said Petition and Appeal; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Saturday the Sixteenth Day of this Instant January, at Ten of the Clock in the Forenoon.

Hibbert versus Leech.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Mary Hebbert, Widow and Relict of Henry Hebbert Doctor in Divinity, deceased, and her Four Daughters, the Executrixes of his last Will and Testament, being an Appeal from a Decree made in the Court of Exchequer the Fifth Day of February, One Thousand Six Hundred and Ninety, when it was decreed that the Plaintiff Leech ought to be let in to redeem the first Mortgage without Payment of Doctor Hibbert's Second Mortgage Monies, and decreed Hibbert to come to accompt for the Rents received, and to have a Conveyance of the Premises from the Defendant; no Counsel appeared for Nathan Leech, though served with the Order of this House to answer, which he hath not done:

After hearing the Lord Chief Baron and Mr. Baron Turton upon this Case, and due Consideration had thereof, and what was offered by Counsel upon the said Petition, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree made in the Court of Exchequer, on the Behalf of Nathan Leech, the Fifth Day of February, One Thousand Six Hundred and Ninety, shall be, and is hereby, reversed.

Bp. Bath & Wells to preach the 30th Instant.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Bath & Wells be, and is hereby, desired to preach before this House on the Thirtieth Day of January Instant, in the Abbey Church at Westminster.

Bromhall versus Manlove.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Thomas Bromball an Infant, by his Guardian William Bromhall, from a Decree made in the Court of Chancery, the Three and Twentieth Day of July last, on the Behalf of Richard Manlove; as also upon the Answer of the said Richard Manlove put in thereunto:

After due Consideration had of what was offered by Counsel on the said Petition and Answer, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir William Rawlinson, One of the Lords Commissioners of the Great Seal of England, be, and is hereby, directed to attend this House, on Monday next, at Eleven of the Clock in the Forenoon, to give the House an Account of the State and Condition of the said Decree, and how far it is definitive.

Wilson versus L. Morley.

ORDERED, That George Wilson's Petition, concerning the Lord Morley's Privilege shall be read on Monday Morning next.

Clandestine Marriages Bill.

ORDERED, That the House of Commons shall be put in Mind of the Bill, intituled, "An Act disabling Minors to marry without the Consent of their Fathers or Guardians, and against their untimely marrying after the Decease of their Fathers, and for preventing all clandestine Marriages for the future."

Kennersley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Kennersley to make Leases."

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

Their Lordships, or any Five 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.

Keeble's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Keeble Gentleman to sell certain Lands in Stow Markett, in the County of Suffolke; and to settle other Lands, of greater Value, to the said Uses."

ORDERED, That the Consideration of this Bill be committed to the same Committee as the Bill, intituled, "An Act to enable Thomas Kennersley to make Leases."

Pelham's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for securing, out of the Manors, Lands, Tenements and Hereditaments, of Charles Pelham, of Brookeley, in the County of Lincolne, Esquire, the Sum of Five Thousand Pounds, with Interest, and One Thousand Pounds, unto Anne Pelham, Eldest Daughter of the said Charles."

ORDERED, That the Consideration of this Bill is committed to the same Committee as the Bill, intituled, "An Act to enable Thomas Kennersley to make Leases."

Halford's Bill.

The Lord Archbishop of Canterbury reported the Bill, intituled, "An Act to vest divers Manors, Lands, and Tenements, in the County of Leicester, in Trustees, to be sold, for the Payment of the Debts and Legacies of Sir William Halford Knight, deceased; and for Payment of the other Debts of Sir William Halford now living, prior to his Marriage Settlement with the Lady Frances his now Wife," with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for the more speedy and easy Recovery of Small Tithes."

Commissioners of Accompts.

The Secretary of the Commissioners for the Public Accompts was called in; and acquainted the House, "He had Orders from the Commissioners of Accompts to acquaint the House, That the Commissioners had received the Order of the House; and that they being long, and much of their Time taken up in the House of Commons, so they cannot go through them yet; but will very speedily send Answers to the Queries."

E. of Strafford, Leave to be absent.

Leave given to the Earl of Strafford, to go into the Country.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 4^um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.