House of Lords Journal Volume 14: 16 December 1689

DIE Lunæ, 16 die Decembris

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Barthrop, L. Cornwalls's Servant, Privilege: Wych & al. released.

Upon reading the Petition of Edmond Wych, James Robinson, Richard Harding, and John Richards; shewing, "That they are very sorry for their Offence committed against this House, in arresting William Barthrop, menial Servant to the Right Honourable the Lord Cornwallis, and praying to be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmond Wych, James Robinson, Richard Harding, and John Richards, be, and are hereby, discharged from their Restraint for the said Offence, paying their Fees; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Coke versus Fountain and Guavas.

Upon reading the Petition of William Guavas Esquire; shewing, "That Edward Coke Esquire (fn. 2) have formerly, by Order of this House, had his Papers and Writings delivered them, without which he is not able to make his Defence:"

It is ORDERED, That the said Writings delivered as aforesaid shall be produced, so as the said William Guavas may have the Use of them, in order to his making his Defence at the Hearing of the Cause in this House, on Monday the 23th of this Instant December, at Ten of the Clock in the Forenoon.

The House being moved, "That a Day may be appointed for hearing the Cause depending in this House, wherein Edward Coke Esquire is Plaintiff, and Andrew Fountaine and William Guavas Esquire Defendants; and that the said Andrew Fountaine do produce the Vellum Book by him produced in the Court of Exchequer at the Hearing there:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Monday the 23th Instant, at Ten of the Clock in the Forenoon: And it is further ORDERED, that the said Andrewe Fountaine be, and is hereby, required to produce at the said Hearing the Vellum Book and stitched Papers by him produced at the Hearing in the Court of Exchequer.

Papists who will take Oaths of Fealty.

Upon Report to this House, from the Committee appointed to inspect the Laws against Papists, "That the said Committee do proceed to draw a Bill for Ease of such Papists as will take the Oaths of Fidelity:"

ORDERED, That Mr. Justice Dolben and Mr. Baron Nevill do attend the Lords Committees appointed to inspect the Laws against Papists, To-morrow at Nine of the Clock in the Forenoon.

Pelham versus Clowdsley & al. Dean's Creditors.

Upon hearing Counsel this Day at the Bar, upon the Petition of Charles Pelham; shewing, "That Thomas Deane, of London, Merchant, made his Will in May 1682, and thereby devised all his Manors and Lands in the County of Bucks and elsewhere, unto George Pelham Esquire, and the Heirs of his Body; and that, in 1685, Paul Clowdesly, William Sherard, Richard Coker, and Adam Cooke, pretended Creditors to the said Thomas Deane, exhibited their Bill in Chancery against George Pelham, who was Heir and Executor of Thomas Deane; and the said Charles Pellham now complaining in his Petition of a Decree made by the Lord Chancellor Jefferyes, the 19th Day of November 1686, wherein the Real as well as the Personal Estate is subjected to the Payment of all his Debts;" as also upon the Answers of Paul Clowdesley, William Sherrard, Richard Cooker, Adam Cooke, Robert Forster, John Powling, and the Answer of Rob't Clarkeson Esquire, and Robert Greenway Gentleman, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Charles Pellham be, and is hereby, dismissed this House; and that the Decree of the Court of Chancery, from which he appealed, be, and is hereby, affirmed.

Rogerson's Nat. Bill.

The Duke of Bolton reported from the Committee, the Bill for declaring John Rogerson to be a natural Subject of this Kingdom fit, as it is, to pass.

Hodie 3^a vice lecta est Billa, "An Act declaring and enacting John Rogerson to be a natural-born Subject of this Kingdom."

The Question being 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 John Hoskins and Sir Samuell Astrey:

To let them know, that this House doth agree in the Bill for declaring and enacting John Rogerson to be a natural-born Subject of this Kingdom.

Message from them, that they agree to the Amendments in the Land Tax Bill.

A Message was brought from the House of Commons, by Richard Hampden Esquire and others;

To acquaint the Lords, that the Commons do agree to the Amendments made in the Bill for granting an Aid to Their Majesties of Two Shillings in the Pound, for One Year.

Mildret versus Wright.

This Day the Lord Chief Justice of the Court of King's Bench brought in the Transcript of a Writ of Error, to reverse a Judgement between Mildret and Wright.

The House was adjourned during Pleasure; and the Lords went to put on their Robes.

King present.

The King, sitting in His Royal Throne, adorned with His Robes and Regal Crown, commanded the Gentleman Usher of the Black Rod to signify His Pleasure to the Commons, "That they presently attend "His Majesty."

Who being come, with their Speaker; he made the following Speech:

Speaker of H. C's Speech.

"May it please Your Majesty,

"Your dutiful and loyal Subjects, the Commons in this present Parliament assembled, taking into Consideration the great and necessary Expences Your Majesty will sustain in the Prosecution of the War wherein Your Majesty is now engaged, did, at their First Meeting in this present Session, unanimously agree to present Your Majesty with a Supply of Two Millions, the greatest Part of which they resolved to charge upon their Lands, as the most speedy and effectual Way of raising present Money for this Occasion; but, finding that great Abuses had been committed in assessing the late Supply of the like Nature, they have endeavoured to provide against those Abuses in raising of this present Tax; the Consideration whereof hath taken up much of their Time, and produced a Bill of an unusual Length, which I now offer to Your Majesty's gracious Acceptance.

"They have likewise agreed upon a Bill for declaring of their Rights and Liberties, which were so notoriously violated in the late Reign; humbly desiring Your Majesty to give Life to it by the Royal Assent, that so it may remain, not only as a Security to them from the like Attempts hereafter, but be a lasting Monument to all Posterity, of what they owe to Your Majesty for their Deliverance."

This Speech being ended; the Clerk of the Parliament received the Bill of Aid at the Speaker's Hand, and brought it to the Table, where the Title was read by the Clerk of the Crown; videlicet,

Bills passed.

"An Act for a Grant to Their Majesties of an Aid of Two Shillings in the Pound, for One Year."

To which the Royal Assent was pronounced, by the Clerk of the Parliaments, in these Words,

"Le Roy et la Reyne, remerciant leur loyals Subjects, et acceptant leur Benevolence et ainsi le veulent."

Then His Majesty gave His Royal Assent to these Bills following:

"An Act, declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown."

"Le Roy et la Reyne le veulent."

"An Act for the Naturalization of William Watts."

"An Act, declaring and enacting John Rogerson to be a natural-born Subject of this Kingdom."

To these Two Private Bills the Royal Assent was pronounced, by the Clerk of the Parliaments, in these Words,

"Soit sait come il est desiré."

After this, His Majesty withdrew Himself.

The House was resumed.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 17^um diem Decembris instantis, hora decima Aurora, Dominis sic decernentibus.