House of Lords Journal Volume 14: 6 March 1689

DIE Mercurii, 6 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M. de Halyfax Speaker pro Tempore.

Lords take the Oaths.

This Day Charles Earl of Dorset & Midl'sex Lord Chamberlain of the Household, and Thomas Earl of Berks, took the Oaths, and subscribed and made the Declaration, appointed by the Acts.

Trial of Peers, Bill.

Hodie 3^a vice lecta est Billa, "An Act for the better Regulation of Trials."

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

It was Resolved in the Affirmative.

Leave was given to any Lords to enter their Dissents; and accordingly these Lords following entered their Dissents, in the Reasons following:

Protest against

"1. Because nothing ever was, or may be, put into an Act of Parliament, that can reflect so much upon the Honour of the Peerage as this will.

"2. Because this sets the Honour of the Peers and the Commons upon an equal Foot.

"3. Because such Persons as may have Causes to be heard at the Bar of this House will not be so confident of the Justice of the Peers, and consequently be jealous of the Right that may be expected upon Impeachments.

"4. Because this strikes at the Root of all the Privileges of the Peers, most of which they claim by reason of the great Regard that the Law has to the Honour and Integrity of the Peers, above that of the Commons; the Statue De Scandalis Magnatum being enacted for that Reason only.

"5. Because it will be in some Sort a Mark of Reproach upon every Peer who shall be challenged, unless there be very great and apparent Cause for it.

"6. Because this will tend to maintain Feuds and Animosities amongst the Peers.

"7. Because at this Time it is unseasonable, considering the late Disputes and Divisions that have been in this House.

"8. Because the Honour of every Man, much more of a Peer, is, or ought to be, more valuable than his Life.

"Delawarr.
"Delamer.
Winchester.
North & Grey.
Lindsey, Great Chamberlain.
Stamford.
Bedford.
Norfolke & Marshall.
Lucas.
Craven.
Kingston.
H. London.
Pembroke.
Berkeley, S.
Manchester.
Northampton.
Morley & Mounteagle."

Message to H. C. with the Bill.

A Message was sent to the House of Commons, by Sir Robert Atkins and Serjeant Dolben:

To deliver the Bill for the better Regulation of Trial, and to desire their Concurrence thereunto.

Bill for removing Papists from London.

The Lord Pagett reported the Bill for the removing Papists, and reputed Papists, from the City of London; wherein the Committee have thought fit to make some Amendments, and add some Provisos; which they offer to the Consideration of this House.

The Amendments and Provisos were read; and agreed with the Committee.

ORDERED, That this Bill be engrossed, with these Amendments and Provisos.

The Messengers returned with this Answer:

Answer from H. C.

That they have delivered the Bill for Trials to the House of Commons.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Thomas Littleton Baronet, and others:

Who brought up a Bill, passed by the Commons, intituled, "An Act for impowering His Majesty to apprehend and detain such Persons as He shall find just Cause to suspect are conspiring against the Government;" to which they desire their Lordships Concurrence.

Bill to suspend the Habeas Corpus Act.

Hodie 1^a vice et 2^a vice lecta est Billa, "An Act for empowering His Majesty to apprehend and detain such Persons as He shall find just Cause to suspect are conspiring against the Government."

ORDERED, That the Consideration of this Bill is committed to the Committee of the whole House, Tomorrow Morning.

King to be attended.

The Lord Viscount Newport reported, "That the King hath appointed Friday Morning next, at Nine of the Clock, to receive both Houses of Parliament, in the Banqueting House at Whitehall."

Message to H. C. about it.

A Message was sent to the House of Commons, by Sir Robert Atkins and Sir Edward Nevill:

To acquaint them with this Message from the King.

Forster versus Forster.

Upon reading the Petition of Henry Forster Gentleman, to which John Forster is Defendant; shewing, "That on the 25th Day of November, 26° Caroli Secundi Regis, he had a Decree made by the late Lord Chancellor Nottingham, for the Performance of a Marriage Settlement, which Decree was signed and enrolled; and that the said Forster, without performing the said Decree, obtained an Order from the late Lord Chancellor Jeffryes, for rehearing the said Cause; upon which Hearing, the last Day of May, 1688, his Lordship ordered your Petitioner's Bill to stand dismissed, with Costs; and praying the said Dismission may be reversed, and that the aforesaid Decree may be affirmed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Forster may have a Copy of the said Petition; and be, and is hereby, required to put in an Answer thereunto in Writing, on Wednesday the 27th of March Instant, at Ten of the Clock in the Forenoon; whereof the said Henry Forster is to cause timely Notice to be given to the said John Forster, by leaving a Copy of this Order at Stougaithside House, or the Place of the Abode of the said John Forster.

E. Berks, Leave to be absent.

The Earl of Berks hath Leave to be absent, and excused from his Attendance on this House, in regard of his ill Health.

Adjourn.

Marquis de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 7^um diem instantis Martii, 1688/9;, hora decima Aurora, Dominis sic decernentibus.