House of Lords Journal Volume 14: 5 April 1690

DIE Sabbati, 5 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Worthenbury Church Bill.

The Earl of Stamford reported, "That the Committee have considered the Bill for the separating and making the Chapel of Worthenbury a distinct Church from the Parish Church of Bangor; and do think it fit to pass as it is, without any Amendments."

Which the House agreed to; and ordered the said Bill to be engrossed.

Berenger's Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Thomas Beringer to sell Lands, for the Payment of Debts."

Sir H. Middleton's Bill.

Hodie 1^a vice lecta est Billa, "An Act for confirming a Settlement made by Sir Hugh Middleton Baronet, for a separate Maintenance for Dame Dorothy his Wife; and for the better enabling Trustees to sell Part of his Estate, for Payment of his Debts."

Small Tithes, &c. for Recovery of, Bill.

The Lord Bishop of London reported, "That the Committee for the Bill for the more easy Recovery of Small Tithes and Repair of Churches have made some Amendments therein."

Which were Twice read; and the House ordered the Bill to be re-committed to the same Committee, upon the single Point only of the Distance of Place from the Ecclesiastical Courts; and that the Committee do meet on Tuesday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings.

Law, Practice of, Bill for regulating.

Hodie 2^a vice lecta est Billa, "An Act for the Benefit of the Subject, in relation to the Practice and Execution of the Law."

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

All the Judges to attend their Lordships.

Their Lordships, or any Five of them; to meet on Monday next, at Nine C. in the Prince's Lodgings.

Sir A. Blaire to be bailed.

The Question being put, "Whether Sir Adam Blaire shall be admitted to Bail?"

It was Resolved in the Affirmative.

Whether Impeachment continue from one Parliament to another.

ORDERED, That on Wednesday next, this House will take into Consideration, "Whether Impeachments continue from Parliament to Parliament."

Sir A. Blaire to attend, with his Bill.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of The Gatehouse at Westm. do bring to the Bar of this House Sir Adam Blaire, now in his Custody, on Monday next, at Ten of the Clock in the Forenoon, in order to his being bailed; and that the said Sir Adam Blaire do bring with him Two Sureties, each to be bound in £. 2500 and he in £. 5000, for his appearing before this House at all Times when he shall be so ordered.

Watt &al. versus Brooke.

Whereas there is a Petition and Appeal depending in this House, wherein John Watt, Francis Bampfield and Elizabeth his Wife, are Plaintiffs, and Peter Brooke and Elizabeth his Wife Defendants; the House being this Day moved, on the Behalf of the Defendants, "That a Day of Hearing may be appointed thereupon:"

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 14th Day of this Instant April, at Ten of the Clock in the Forenoon.

Smith versus Blights.

Upon reading the Petition of Elizabeth Blight and Francis Blight; shewing, "That their Papers and Solicitor being now in Cornwall, at least 250 Miles remote, whereby they are unable to put in their Answer by the Time prefixed by the Order of this House, and praying further Time for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they have hereby Time given them for answering thereunto, until Saturday the 19th Day of this Instant April, at Ten of the Clock in the Forenoon.

Bill for recognizing K. Will. and Q. Mary, and for confirming the Acts of the last Parliament.

The House was put into a Committee, to proceed in the Bill concerning declaring the Acts in the last Parliament, begun and held at Westminster the 13th of February, 1688, to be of full Force and Effect by the Laws of this Realm, and for recognizing Their now Majesties King William and Queen Mary to be by the Laws of this Realm our rightful and lawful Sovereign Liege Lord and Lady, King and Queen of this Realm.

The House was resumed.

And the Earl of Bridgewater reported, "That the Committee had sat on the First Enacting Clause in the Bill; and have made these Amendments therein; (videlicet,)

"In the Second Sheet in the Fifth Line, after ["Declared"], they have added ["Adjudged"].

"And in the 12 Line, they have left out the Word ["Adjudged"]; and they desire the Concurrence of the House therein."

Then the Question was put, "Whether this House agrees with the Committee in this Report?"

It was Resolved in the Negative.

Protest against rejecting Amendments to it.

"Leave having been given to any Lords, to enter their Dissents, if the Question was carried in the Negative; we, whose Names are hereafter written, do enter our Dissents, for these Reasons following:

"1. Because there appears to us no Reason to doubt of the Validity of the last Parliament; the great Objection insisted upon being the Want of Writs of Summons, which we take to be fully answered by the State the Nation was in at that Time, which made that Form impossible; such Exigencies of Affairs having been always looked upon by our Ancestors (however careful of Parliamentary Forms) to be a sufficient Reason to allow the Authority of Parliaments, notwithstanding the same or other Defects in Point of Form; as, the Parliament which set H. I. and K. Stephen on the Throne; the Parliament held the 28 Ed. I.; the Parliament summoned by the Prince of Wales 20 Ed. II.; the Parliament summoned 23 Rich. II.; the Parliament held Primo H. VI.; and the Parliament held 38 H. VI: the Acts of which Parliaments have been held for Law.

2. Because the rejecting this Clause must necessarily disturb the Minds of the greatest Part of the Kingdom; for, if those be not good Laws, all Commissioners, Assessors, Collectors, and Receivers of the late Taxes, are not only subject to private Actions, but to be criminally prosecuted for One of the highest Offences against the Constitution of the English Government; (videlicet,) the levying Money on the Subject, without lawful Authority; all Persons who have lent Money upon the Credit of those Laws will be in Dread of their Security, and impatient to get in their Money; all Persons concerned in levying the present Taxes will be fearful to proceed; all Persons who have accepted any Offices or Employments, Ecclesiastical, Civil, or Military, will be under the Apprehension of having incurred all the terrible Forfeitures and Disabilities of the Act of the 25 Car. II^di, Caput 2.; and all who have any Way eoncurred to the Condemnation or Execution of any Person upon any Act of the late Parliament, will think themselves in Danger of being called to an Account for Murder.

"3. Because, to leave a Doubt touching the Validity of the last Parliament, is to shake all the Judgements and Decrees given in the House of Peers or Westm'r Hall during this Reign, and to bring a Question upon the whole Course of Judicial Proceedings.

"4. Because, if the Authority of the last Parliament be not put out of the Question, the Authority of the present Parliament can never be desended; for the Stat. of the 5 Eliz. Cap. I. makes the Election of every Member of the House of Commons absolutely void, if he enter into the House without taking the Oath of Supremacy; which no One Person having done, there is an End of this House of Commons; and, by the Statute made 30 Car. II. if any Peer or Member of the House of Commons presume to sit and vote without first taking the Oaths of Allegiance and Supremacy before the Speaker of the respective Houses, he does not only forfeit £. 500 and become as a Popish Recusant, and disabled to take a Legacy, to hold any Office or Place of Trust, to prosecute any Suit, to be a Guardian, Executor, or Administrator; but is made for ever incapable to sit or vote in either House of Parliament; and consequently this can be no Parliament, nor any who have fat in either House be capable of sitting in Parliament hereafter.

"5. Because, to leave Room to doubt of the Authority of the last Parliament, is to shake the Succession of the Crown established by it, and the Credit and Authority of all Treaties made with Foreign Princes and States by King William, as the undoubted King of these Realms: So that, if the last was no Parliament, and their Acts no Laws, this is our Case, the Nation is engaged in a War, without Consent of Parliament; the old Oaths of Supremacy and Allegiance remain in Force; and the Nation forced, under Colour of Law, to swear Fidelity to King William, though they can never act as a lawful Parliament without taking the Oath of Allegiance to King James; all Judgements and Decrees in the House of Lords during the late Parliament are of no Force; great Sums have been levied, without Consent of Parliament; and Men have been put to Death, not only without, but against Law, which is the worst Sort of Murder: Lastly; the King upon the Throne, the Peerage of England, and the Commons freely elected by the People, have been Parties to all this; the Peers and Commons now assembled are under a perpetual Disability, and the Nation is involved in endless Doubts and Confusions, without any legal Settlement, or Possibility to arrive at it, unless a Parliament be summoned by King James's Writ, and the Oaths of Allegiance taken to him.

"Bolton.
Bedford.
Monmouth.
Stamford.
Maclesfeld.
G. Suffolke.
Herbert.
Oxford.
Delamer.
Newport."

Then the House made the following Vote:

Vote that this Acts of the last Parliament are valid.

"Resolved, That it is the Opinion of this House, That all the Acts passed in the last Parliament, begun the 13th Day of February, 1688, were and are good Laws, to all Intents and Purposes whatsoever."

ORDERED, That, on Monday Morning next, this House shall be resolved into a Committee, to go on with the Bill they were upon in a Committee this Day; and no other Business to intervene.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 7^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.