House of Lords Journal Volume 15: 1 February 1692

DIE Lunæ, 1 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Lincoln takes the Oaths.

This Day Thomas Lord Bishop of Lincolne took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

Inteerest of Money, for lessening, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the lessening the Interest of Money."

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

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

Browne versus Knap.

The House being this Day moved, "That a Day may be appointed for hearing the Cause wherein Edward Browne Merchant is Plaintiff, and John Knap and others Defendants:"

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 Monday the Eighth Day of this Instant February, at Ten of the Clock in the Forenoon.

Ewelme Hospital versus Town of Andover:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That when the Cause shall be heard at the Bar, wherein the Master of Ewelme Hospitall is Plaintiff, and the Town of Andover Respondent, the Speaker shall let the Counsel know, "That the House gives Leave to the Respondent's Counsel to object against the Insufficiency of the Appellant's Appeal; and this House will hear the said Cause on Thursday next, the First Business."

Orphans of London, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Relief of the distressed Orphans of the City of London."

The Question was 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 James Astrey:

To carry down the said Bill, and desire their Concurrence thereunto.

Quakers Evidence, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower the High Court of Chancery and the Court of Exchequer to accept of the solemn Answer, or Evidence, of any of the People called Quakers."

Thanks to Bp. of Bath & Wells, for his Sermon.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House are hereby given to the Lord Bishop of Bath & Wells, for his Sermon preached before this House on Saturday last, in the Abbey Church at Westminster; and he is hereby desired to print and publish the same.

Militia Bill.

The Earl of Bridgwater reported the Bill, intituled, An Act for raising the Militia of this Kingdom for the Year One Thousand Six Hundred Ninety-two, although the Month's Pay formerly advanced be not re-paid," as fit to pass, without any Amendment. To which the House agreed.

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising the Militia of this Kingdom for the Year One Thousand Six Hundred Ninety-two, although the Month's Pay formerly advanced be not re-paid."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

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

To let them know, the Lords have passed the said Bill, without any Amendment.

Message from thence, with a Bill.

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

Who brought up a Bill, intituled, "An Act for naturalizing of Armand Nompar de Caumont, Marquis of Monpovillan;" to which they desire their Lordships Concurrence.

Marquis of Monpovillan, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing of Armand Nompar de Caumont, Marquis of Monpovillan."

Message from H. C. for a Conference on Public Accompts Bill.

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

To desire a Conference, upon the Amendments made by the Lords to the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom."

To which the House agreed.

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

Then these Lords following were made Reporters of the Conference:

Cripps' Bill:

The Earl of Bridgwater reported the Bill, intituled, An Act for Sale of the Estate of John Cripps Gentleman, in the County of Kent; and for settling another Estate, of greater Value, in Lieu thereof, to the same Uses."

The Question was 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 James Astrey:

To let them know, the Lords have passed the said Bill, without any Amendment.

Message from thence, to return the D. of Leinster's Nat. Bill.

A Message was brought from the House of Commons, by Sir Jonathan Jennings and others:

To return the Bill, intituled, "An Act for naturalizing of Mainhardt Duke of Leinster;" to which they have made some Amendments, and desire their Lordships Concurrence thereunto.

Tooke versus L. C. Baron Atkins.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Thomas Took is Appellant, and the Lord Chief Baron Atkins Respondent, on Thursday the Eleventh Day of this Instant February, at Ten of the Clock in the Forenoon; the First Business.

Sir R. Rudd & al. versus Bp. of St. David's.

The House being this Day moved, on the Behalf of the Lord Bishop of St. David's, "That the Names subscribed to the Petition read in this House against him may be explained, as to the Places of the Persons Abode that subscribed the same, before he answers; his Lordship being informed that there are many Gentlemen in his Diocese of the same Name with those that subscribed the Petition:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Persons who subscribed the said Petition do add to their Names the Names of the Places of their Habitation, before the Lord Bishop of St. David's do answer thereunto.

Gawdey versus Scroggs.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Edward Gawdy is Plaintiff, and Sir William Scroggs Defendant, on Friday next, at Ten of the Clock in the Forenoon; the First Business.

Dutchess of Richmond against Alnage Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, upon the Petition of the Dutchess of Richmond, against the Bill, intituled, "An Act for transferring the collecting of the Duties of Alnage at the Custom-house, and for giving a Recompense to the Crown for the same," and the King's Counsel, on Friday next, at Eleven of the Clock in the Forenoon.

Committee of Privileges.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Committee for Privileges shall sit To-morrow, at Five of the Clock in the Afternoon.

Sheriffs of Westmorland, Indemnity, for discharging Persons on L. Morley's Protections.

Upon Consideration of the Case of the Earl of Thannet, as Sheriff of Westmerland, in Behalf of John Hall his Under-sheriff, who hath been threatened to be sued, for discharging and setting at Liberty several Persons upon the Lord Morley and Mounteagle's Protections; setting forth therein, That they are his Lordship's menial Servants; as, one Powley, at the Suit of Perkins; and another against the same Powley, for One Hundred and Twenty Pounds, at the Suit of William Wilkinson and his Wife; and also John Shepheard, at the Suit of Heighmyton:

Upon Consideration had thereof, and hearing the Judges in this Case, and it appearing that these Persons were discharged by the Under-sheriff in Obedience to the Rules of this House; it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Right Honourable Thomas Earl of Thannet, and John Hall his Under-sheriff for the County of Westmerland, shall be, and they are hereby, indemnified and saved harmless from any Action or Actions that shall be brought against them, for the discharging or setting at Liberty, or not granting Warrants against, the said Mr. Powley or others, upon the Lord Morley and Mounteagle's Protections.

Felton's Claim to the Barony of Walden.

Upon Report made by the Speaker, to this House, of what was said by the Counsel, at the Bar, upon the Petition of Elizabeth Felton, claiming the Barony of Walden, and His Majesty's Reference thereupon, as also the King's Counsel, and Counsel for the Earl of Suffolke, and the Heralds, in relation to the said Barony, and the several Precedents by the Counsel quoted thereupon:

After Consideration had thereof, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it shall be, and is hereby, referred to the Lords Committees for Privileges, to inspect and state the Precedents quoted in this Case; and report to the House, after Twelve of the Clock, when the House is full.

Phillips versus Phillips.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Elizabeth Phillips is Plaintiff, and Dame Marina Phillips Defendant, on Saturday next, at Ten of the Clock in the Forenoon.

Public Accompts, for examining, &c. Bill:

The House being informed, "That the Commons were come to the Conference;" the House was adjourned during Pleasure, and the Reporters went to the Conference.

Which being ended, the House was resumed.

Report of the Conference on it.

And the Duke of Bolton reported, "That the Commons desire a good Correspondence with this House; and that they have returned the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom;" to which the Lords had made some Amendments; and the Commons disagree thereunto, for the Reasons following:

"1. The Bill is for reviving the Act passed the last Sessions, in order to perfect the stating of the Accompts; in which the Commissioners named by the Commons have already made a considerable Progress.

"2. In all Acts that have ever passed for taking Accompts of Public Money, the Commissioners have been always named by the Commons only; and in particular in an Act, passed in the Nineteenth Year of King Charles the Second, intituled, "An Act for taking the Accompts of the several Sums of Money therein mentioned;" which Act empowers the Commissioners therein named to take Accompt not only of Money granted by the Commons, but also other Sums of the Public Revenue; and although that Act requires an Accompt to be given to the King's Majesty and to both Houses of Parliament, yet all the Commissioners thereby constituted were named solely by the Commons.

"3. The Commons, by this Bill, appoint those whom they name Commissioners to do that out of Parliament, which, during the Session of Parliament, is the proper Work of the House of Commons; in whom, by the Laws and Customs of the Kingdom, the Power of granting Supplies to the Crown is vested, as an essential Part of their Constitution; and the taking and examining the Accompts thereof is of Right in them also; and they being the Representatives of all the Commons, no Commoner can be named but by them.

"4. The Disposition, as well as granting Money by Act of Parliament, hath ever been in the House of Commons; and these Amendments, relating to the Disposal of Money to the Commissioners added by the Amendments, do entrench upon that Right; and therefore the Commons, for these Reasons, do disagree with your Lordships in all your Lordships Amendments to the said Bill."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate upon Report of the Conference this Day with the Commons, upon the Bill, intituled, "An additional Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom," shall be taken up To-morrow, the First Business after Twelve of the Clock.

D. and Dutch. of Norfolk.

The Counsel and Proctors were called in, pursuant to the Order of this House, to hear the Dutchess of Norfolke make her Defence against the Duke's Witnesses.

The Dutchess of Norfolke's Proctor moved, "That, the Dutchess having given a Personal Answer, the Duke may be obliged to give an Answer thereunto in Writing."

And the Duke's Counsel alledged, "That Issue was joined."

Whereupon they withdrew.

And, upon Consideration had thereof, they were called in again; and the Speaker, by Order of the House, told them, "That they should proceed to make the Dutchess's Defence; and that, if they have any Thing else to offer in Point of Law, they shall not be precluded."

Then the Counsel called in her Grace's Witnesses; who were sworn, and heard at the Bar, and their Depositions taken in Writing, and read to them, as the Duke's had been; the Counsel for his Grace asking them such Questions as they thought fit.

And, after the Witnesses having been heard, the following Order was made:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Wednesday next, at Eleven of the Clock in the Forenoon, the House shall proceed in hearing the Dutchess of Norfolke's Evidence; and that all the Witnesses that have been sworn, on either Side, do then attend the House."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 2^um diem Februarii instantis, hora decima Aurora, Dominis sic decernentibus.