House of Lords Journal Volume 15: 23 February 1692

DIE Martis, 23 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Judges Commissions and Salaries, Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for ascertaining the Commissions and Salaries of the Judges."

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

And the Earl of Bridgwater reported the Bill as amended.

Which was Twice read, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for ascertaining the Commissions and Salaries of the Judges."

The Question was put, "Whether this Bill, with "the Amendments, 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 John Francklin and Sir John Hoskins:

To return the said Bill, and desire their Concurrence to the Amendments.

Tooke versus L. Chief Baron Atkins.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate, upon hearing of the Cause wherein Thomas Took is Plaintiff, and the Lord Chief Baron Atkins Respondent, shall be taken up To-morrow, at Eleven of the Clock in the Forenoon, the First Business.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act for remedying the Abuses in weighing and packing of Butter."

Butter, weighing and packing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for remedying the Abuses in weighing and packing of Butter."

Hawes & al. to be heard against it.

Upon reading the Petition of Nathaniell Hawes, Thomas Rodbard, John Ewre, Thomas Rogers, and Richard Joyce, on Behalf of themselves and others, trading in Butter and Cheese in the Cities of London and Westminster, and Parts adjacent; praying they may be heard, before the passing of the Bill, intituled, "An Act for remedying the Abuses in weighing and packing of Butter:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, by One Counsel, To-morrow, at Ten of the Clock in the Forenoon, what they have to say in relation to the said Bill; as also One Counsel for the Bill.

Sir Thomas Duppa, Leave to be absent.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Thomas Duppa, Gentleman Usher of the Black Rod, hath hereby Leave given him to be absent from this House for some Time.

Recovering small Debts, in Westm. Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard for and against the Bill, intituled, "An Act for the recovering of small Debts, and for relieving of poor Debtors, in Westminster and the Liberties thereof," To-morrow, at Eleven of the Clock in the Forenoon.

West India Ships, Leave to take Foreign Seamen, Bill.

Whereas this Day was appointed for the House to be put into a Committee, and to hear the Commissioners of the Navy, and the Members of Trinity House, and any other Persons concerned, upon the Bill, intituled, "An Act for permitting English Ships to be "navigated with Foreign Seamen, to and from The West Indies, during the War:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard on Thursday next, at Ten of the Clock in the Forenoon.

Message from H. C. to return the fraudulent Devises Bill and to remind the Lords of

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

To return the Bill, intituled, "An Act for Relief of Creditors, against fraudulent Devises;" and to

the Alnage Bill.

acquaint the House, they have agreed to the Amendments made by the Lords; and to put this House in Mind of the Bill, intituled, "An Act for transferring the collecting the Duty of Alnage to the Customhouse, and giving a Recompense to the Crown for the same."

Poll Bill.

Then the House went into Consideration, and proceeded on the Bill, intituled, "An Act for raising Money, by a Poll, payable Quarterly, for One Year, for the carrying on a vigorous War against France."

The Earl of Mulgrave reported, from the Lords Committees appointed to consider of Expedients for the Preservation of the Privileges of this House, in Reference to the Poll Bill, some Proceedings agreed on by them therein.

And, after Consideration thereof, the House was adjourned during Pleasure, and put into a Committee, upon the said Bill.

And, after some Time spent in the said Committee, the House was resumed.

And the Lord Godolphin reported, "That the Committee had gone through the Bill, without any Amendment; and that the Committee think sit there should be some Entry made in the Books, upon Occasion of passing the last Clause in the Bill."

Then,

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising Money, by a Poll, payable Quarterly, for One Year, for the carrying on a vigorous War against France."

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentientibus,
"Crewe.
Arleseury."

"Leave having been asked, and given, for any Lord to dissent, if the Question was carried in the Affirmative; these Lords do dissent, for the Reasons following:

"Because the Substance of the Proviso added at the End of the Bill, for the taking the Accompts of the Public Monies, hath been in a Bill by itself, this present Session of Parliament; which having not passed through the Two Houses, by reason of their Disagreement upon some Amendments offered by the Lords to the said Bill, ought not, by the known and constant Methods of Proceedings, to be brought in again in the same Session: and consequently we conceive the tacking of the said Proviso to this Poll Bill is unparliamentary, highly prejudicial to the Privileges of the Peers, and may be of dangerous Consequence to the Prerogative of the Crown.

"St. Albans.
"Derby. Ailesbury.
"Rochester.
"Scarsdale.
"Jo. Oxon.
"T. Jermyn."

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

A Message was sent to the House of Commons, by Sir John Hoskyns and Sir John Francklyn:

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

Entry, on account of a Clause in it.

Then the Question was put,

"Whether there shall be an Entry made in the Book, upon Occasion of the passing the last Clause in the Bill, intituted, An Act for raising Money by a Poll, payable Quarterly, for One Year, for the carrying on a vigorous War against France?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentiente,
"Crewe."

Entry, to prevent a Clause in the Poll Bill, for taking Accompts, being drawn into Precedent, the Substance of which was in a Bill this Session, that did not pass.

Then this was agreed to be entered, as followeth:

"The Lords in Parliament, being extremely sensible of that imminent Danger, to which not only this Nation, but a great Part of Christendom might be exposed, if either the necessary Supply of Money, or His Majesty's Voyage beyond Sea in this extraordinary Conjuncture should receive any Delay, have agreed to the Bill, intituled, "An Act for raising Money by a Poll, payable Quarterly, for One Year, for the carrying on a vigorous War against France," without any Amendments; and, out of Zeal to the Public Good, have purposely avoided to take Notice of the Irregularities relating to the Clause for taking the Accompts.

"But, to prevent any ill Consequences from such a Precedent for the future, they have thought fit to declare solemnly, and to enter upon their Books for a Record to all Posterity, that they will not hereafter admit, upon any Occasion whatsoever, of a Proceeding so contrary to the Rules and Methods of Parliament."

Protest against it.

"Leave having been asked, and given, for any Lord to dissent, if the Question was carried in the Affirmative; these Lords do dissent, for the Reasons following:

"Because we conceive, that an Entry on the Journal of this House, to excuse the complying at this Time in a Thing so unparliamentary as the Matter now in Question is, upon the account of the present Necessity or Danger, how pressing or imminent soever, will be of no Force to prevent the doing the same, when the like Necessity or Danger may be pretended; but the consenting Once to such unprecedented Proceedings may always be made Use of as One Argument more for the agreeing to them for the future.

"St. Albans. Derby.
"Ailesbury.
"Rochester.
"Scarsdale.
"T. Jermyn. Jo. Oxon."

Messages from H. C. to return the D. of Grafton's Bill; and Keeble's Bill.

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

To return the Bill, intituled, "An Act for vesting certain Pieces or Parcels of Ground, in the Parish of St. James and St. Martin's in the Feilds, late the Estate of Henry Duke of Grafton deceased, in Trustees, to be sold;" to which they have agreed, without any Amendment.

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

To return the Bill, 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 same Uses;" to which they have agreed, with an Amendment.

The Amendment was read Thrice and agreed to; and ORDERED, That the Commons have Notice thereof.

Dutchy of Cornwall Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling Their Majesties to make Leases, and grant Estates, of Lands, Tenements, and Hereditaments, belonging to the Dutchy of Cornwali."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 24^um diem instantis Februarii, hora nona Aurora, Dominis sic decernentibus.