House of Lords Journal Volume 15: 16 February 1692

DIE Martis, 16 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clandestine Mortgages Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for preventing Frauds by clandestine Mortgages."

ORDERED, To be committed to the same Committee as the Bill, intituled, "An Act for the better preventing malicious Informations, and for the more easy Reversal of Outlawries in the Court of King's Bench," is referred.

Whose Lordships, or any Five of them; are to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Small Debts in Westminster, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for recovering of small Debts, and for relieving of poor Debtors, in Westminster and the Liberties thereof.

ORDERED, To be committed to the same Committee as the Bill, intituled, "An Act for the better preventing malicious Informations, and for the more easy Reversal of Outlawries in the Court of King's Bench," is committed.

Whose Lordships, or any Five of them, are to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. with a Bill, and to return Curtis's.

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

To return the Bill, intituled, "An Act for the more speedy Payment of the Debts of Elizabeth Curtis Widow, late deceased, and Performance of an Agreement touching the same, made between Charles Curtis in his Life-time, and Edward Earle, according to a Decree in the High Court of Chancery;" to which they have agreed, with some Amendments, to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Sam'll Bernardiston and others:

Who brought up a Bill, intituled, "An Act for permitting English Ships to be navigated with Foreign Seamen to and from The West Indies, during the War;" to which they desire the Concurrence of this House.

Duke and Dutchess of Norfolk.

The Order made on Friday last, upon summing up, by the Counsel and Civilians, the Evidence on the Behalf of their Graces the Duke and Dutchess of Norfolke. (fn. 1)

And, after some Debate concerning this Business, the House was adjourned during Pleasure, and put into a Committee, for the more Freedom of Debate.

And, after some Time spent therein, the House was resumed.

A Debate arose, "Whether Proxies shall be used in this Business?"

And, after some Time spent therein,

This Question was proposed, "Whether Proxies shall be used in the Proceedings on this Bill of the Duke of Norfolke's?"

Then this previous Question was put,

"Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Proxies not to be used in the Proceedings on this Bill.

Then the main Question was put,

"Whether Proxies shall be used in the Proceedings on this Bill of the Duke of Norfolke's?

It was Resolved in the Negative.

Protest against that Resolution.

"Dissentientibus,
Bolton.
Mulgrave.
Stamford. R. Sydney.
Nottingham.
Culpeper.
Lexington.
Berkeley S."

"1. Because it is an inherent Right of the Peers of England, to be summoned to Parliament; and when they cannot attend in Person, to be represented by their Proxies; and no Vote of the House of Lords alone can take away that Right, which is established by the fundamental Laws of our Constitution.

"2. If that such a Vote could abolish this Right; yet it was against the Rules of Justice, to make it without hearing the Persons interested in it, especially the Number being very great.

"3. If such a Vote might be made; yet it was unreasonable for those Lords, who were against Proxies, to make Use of Proxies in the previous Question; which was, in Effect, to make the Lords concerned to vote against themselves.

"Bolton.
Nottingham.
Mulgrave.
J. Bridgewater.
Rivers.
Westmorland.
Sandwich.
Stamford.
Essex.
Derby.
Chesterfeild.
Radnor.
Effingham.
Willughay.
Culpeper.
Lexington.
Lucas.
Berkeley S."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Depositions taken on the Behalf of their Graces the Duke and Dutchess of Norfolke shall be read, and the Debate thereupon had, To-morrow, next after the Business of the Dutchess of Richmond upon the Alnage Bill.

Whitaker versus Pawlin.

Upon reading the Petition of Edward Whitaker; praying, "That he may withdraw his Petition, presented to this House the Nine and Twentieth Day of December last, upon which a Day of Hearing was then appointed, to which William Loggan and William Pawlin are Defendants:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Whitaker may withdraw his said Petition, as desired.

Northcote versus Northcote.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of William Northcotte Esquire, and Alice his Wife, Executrix of John Northcotte deceased, from several Decrees and Orders on a Re-hearing made in the Lord Keeper North's Time, and since, on the Behalf of Sir Arthur Northcotte and Dame Elizabeth Northcote; as also upon the Answers of Sir Francis Northcotte Baronet and Dame Elizabeth Northcote put in to the said Petition and Appeal:

After due Consideration had of what was offered by Counsel upon the said Petition and Answers, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of William Northcote Esquire and Alice his Wife shall be, and is hereby, dismissed this House; and that the several Decrees and Orders on Re-hearing, from which they appealed, shall be, and they are hereby, affirmed.

Causes put off.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Business following, appointed for To-morrow, shall be put off until Thursday following:

The Causes of Beaw versus Jones.

And Alnage Bill.

And Took versus Lord Chief Baron.

And the Clerks Report of what they find.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 17^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.