House of Lords Journal Volume 15: 5 January 1694

DIE Veneris, 5 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Justices in Wales, to repeal the Act for limiting, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to repeal a Clause in the Statute made in the Four and Thirtieth and Five and Thirtieth Years of King Henry the Eighth, by which Justices of the Peace in Wales are limited to Eight in each County."

ORDERED, That the Consideration of the abovesaid Bill shall be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday 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.

Brent's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell Part of the Estate of Nathaniell Brent Gentleman, deceased, to raise Money for Payment of his Debts, and Maintenance of his Children, who are Insants."

Message from H. C. for a Conference on the Lords Amendments to free Proceedings in Parliament, Bill.

A Message was brought from the House of Commons, by Sir Edward Hussey and others:

To desire a Conference with the Lords, upon the Subject-matter of the Amendments made by their Lordships to the Bill, intituled, "An Act touching free and impartial Proceedings in Parliament."

Answer.

The Commons were called in again; and told, "The Lords agree to a Conference, as desired; and appoint it presently, in the Painted Chamber.

Managers of it.

Then the following Lords were named Managers;

Report of the Conference:

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

Which being ended, the House was resumed.

And the Lord Privy Seal reported, "That the Commons have agreed to all the Lords Amendments made in the Bill, except the last Clause."

Lords agree with the Commons.

Then this Question was proposed, "Whether another Day shall be appointed, to consider of agreeing with the Commons?"

The previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

Then this Question was put, "Whether this House shall agree with the House of Commons?"

It was Resolved in the Affirmative.

"Dissentient.
Cornwallis.
Nottingham."

Protest against it.

"Leave having been asked, and given, for any Lords to dissent to the abovesaid Question; the Lords whose Names are underwritten do dissent, as followeth; (videlicet,)

"Because that an Act, that complains of Corruption in former Parliaments, and designs to provide against it for the future, ought not, in our Opinion, to contain a Clause, to allow any one Member of the House of Commons to be excepted from the general Rules prescribed to hinder all the Members from taking Employments, especially the Speaker of that House, who, if he can be capable of being corrupted, may, by himself alone, do much more Mischief than a great many of the Members can do together; and this Clause allowing the Speaker of the House of Commons to be capable of such Preferments, Advantages, and Employments, which all other Members are debarred from by virtue of this Act, seems to establish the Possibility of Corruption in him by a Law; which, we conceive, would be scandalous for the present, and of very dangerous Consequence in Times to come.

"Rochester.
H. London."

Message to H. C. that the Lords do not insist on their Amendments.

A Message was sent to the House of Commons, by Sir Miles Cooke and Richard Halford Esquire:

To let them know, this House doth not insist upon their Amendments, but agree to the Bill.

Castell versus Stephens. (fn. 1) Vide Journal 1 Januarii, 1695. These Words inserted, "An Order of the Court of Chancery, 30 Maii, 1690, whereby the Petitioner's Bill was dismissed."

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Richard Castell, from a Decree made in the Court of Chancery, the (fn. 2) Second Day of March, 4° Jacobi Secundi, on the Behalf of Francis Stephens; praying, "That the Enrolments in Chancery, complained of in the said Petition, may be laid open, and the Petitioner at Liberty to proceed upon the Report therein mentioned;" as also upon the Answer of Francis Stephens put in thereunto:

After due Consideration had of what was offered thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Richard Castell shall be, and is hereby, dismissed this House; and that the Decree from which he appealed shall be, and is hereby, affirmed.

Witnesses who attend concerning the Admirals, not to suffer by their Absence from their Ships;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners for executing the Office of Lord High Admiral of England do take Care, and give Order, that the Persons mentioned in a List herewith sent (being ordered to attend this House) do not suffer by their Absence from the Ships during such Time as they attend upon this House; and also, that in case any of the said Persons be pressed or gone to the Ships, the said Commissioners do take Care that they attend this House on Monday next, at Ten of the Clock in the Forenoon.

Priestman and Southern to attend;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Captain Priestman, One of the Commissioners for executing the Office of Lord High Admiral of England, and Mr. Southerne, do attend this House on Monday next, at Ten of the Clock in the Forenoon.

Admirals to attend;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Admirals who commanded the Fleet the last Summer, and Sir George Rooke, do attend this House on Monday next, at Ten of the Clock in the Forenoon.

Witnesses to attend;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Witnesses who were ordered to attend the House this Day, in relation to the Expedition of the Fleet the last Summer, or on the Behalf of the Admirals who commanded the said Fleet, do attend this House on Monday next, at Ten of the Clock in the Forenoon.

Vetrier to attend;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. William Verrier of Sandwich do attend this House on Monday next, at Ten of the Clock in the Forenoon.

and St. John & al. to attend;

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Rowland St. John, Mr. Benjamine Gyles, Russell Alsupe, James Lanxton, Captain Fox, Captain John Brookes, Adam Spencer, Mr. Partridge, and Roger Moss, do attend this House on Monday next, at Ten of the Clock in the Forenoon.

Boswell versus Mascall.

Whereas Monday next was appointed for hearing of the Cause wherein John Boswell is Appellant, and John Mascall Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Twelfth Day of this Instant January, at Ten of the Clock in the Forenoon.

Lords summoned.

ORDERED, by the Lords Spiritual and Temporal, in Parliament assembled, That all the Lords in and about the Town be summoned to attend this House on Monday next, at Ten of the Clock in the Forenoon.

Italian Thrown Silk, for Importation of, Bill.

Whereas Monday next is appointed for the Second Reading of the Bill, intituled, "An Act for the Importation of fine Italian, Sicilian, and Naples Thrown Silk:"

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 Eleven of the Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) octavum diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.