House of Lords Journal Volume 14: 8 April 1690

DIE Martis, 8 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Theophilus Earl of Huntingdon and Charles Earl of Westmerland took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes.

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

The Lord Bishop of London reported from the Committee, an Amendment in the Bill for the more speedy Recovery of Small Tithes, and Repair of Churches.

The Amendment was read Twice.

The Question being put, "Whether the Word "["Ten"] shall stand in the Bill?"

It was Resolved in the Negative.

It is agreed, that the Word ["Twenty"] shall be put into the Bill; and then the Bill ordered to be engrossed.

Dr. Grey bailed.

This Day Dr. Robert Gray was brought to the Bar, by the Keeper of The Gatehouse; and kneeled until he was bid to stand up.

Then the Speaker told him, "The Lords had thought fit, upon his Petition, to bail him;" and asked him, Who were to be his Bail?"

He named Doctor Windebank Doctor in Physic, and Henry Harding Gentleman, to be his Bail; who the House accepted, and the Bail was taken, as followeth:

Memorandum, quod Robert. Gray recognovit se debere Domino Regi et Dominæ Reginæ in Quinqe Mille Librar. de Bonis et Catallis suis levari, ad Usum Domini Regis et Dominæ Reginæ. Et

"Johan. Windebank Doct. in Phis. in York Buildings, in Duo et Quingent. Librar. de Bonis et Catallis suis levari, ad Usum Domini Regis et Dominæ Reginæ. Et

Henric. Harding Gen. de Charles Street, Westm. recognovit se debere Domino Regi et Dominæ Reginæ in Duo Mille et Quingent. Librar. de Bonis et Catallis suis levari, ad Usum Domini Regis et Dominæ Reginæ.

"The Condition of the abovesaid Recognizance is, That if the said Doctor Robert Gray shall appear before this House at all Times when he shall be so ordered, by leaving an Order of this House at Mr. Ball's House, at The Golden Ball in Henrietta Street, Covent Garden, then this Recognizance to be void and of no Effect; or else to stand in full Force and Virtue."

E. of Essex's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Algernon Earl of Essex to make a Wife a Jointure; and for raising of Money, for Payment of Six Thousand Pounds borrowed to make up the Lady Morpeth's Portion."

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

Their Lordships, or any Three; to meet on Thursday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings.

Berringer's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Thomas Barringer Esquire to sell Lands, for the Payment of his Debts."

ORDERED, That the Consideration of this Bill be committed to the same Committee as the Earl of Essex's Bill is.

Coals, Bill to revive the Act for regulating the Prices of.

Hodie 2^a vice lecta est Billa, "An Act for reviving an Act for regulating the Measures and Prices of Coals."

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

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings.

Harlyford House, &c. Bill.

ORDERED, That the Committee for the Sale of the Manor of Harlyford do meet To-morrow, at Nine of the Clock.

Captain Vaughan to be bailed;

Upon reading the Petition of Captain Henry Vaughan, now Prisoner in Newgate; praying, "That he may be at Liberty, giving sufficient Bail, to attend this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of Newgate, his Deputy or Deputies, do bring to the Bar of this House the said Captain Henry Vaughan, now in his Custody, To-morrow at Ten of the Clock in the Forenoon, in order to his being bailed; and that the said Captain Vaughan do bring with him Two Sureties, each to be bound in £. 2500 and he in £. 5000 for his appearing before this House when he shall be so ordered.

Mole, D. 3

Upon reading the Petition of Frederick Mole, now Prisoner in Newgate; praying, "That he may be at Liberty, giving sufficient Bail, to attend this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of Newgate, his Deputy or Deputies, do bring to the Bar of this House the said Frederick Mole, now in his Custody, To-morrow at Ten of the Clock in the Forenoon, in order to his being bailed; and that the said Frederick Mole do bring with him Two Sureties, each to be bound in £. 2500 and he in £. 5000 for his appearing before this House when he shall be so ordered.

Dr. Elliott, D.

Upon reading the Petition of Doctor Jn° Elliott, now Prisoner in Newgate; praying, "That he may be at Liberty, giving sufficient Bail to attend this House:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper of Newgate, his Deputy or Deputies, do bring to the Bar of this House the said Doctor John Elliott, now in his Custody, To-morrow at Ten of the Clock in the Forenoon, in order to his being bailed; and that the said Doctor John Elliott do bring with him Two Sureties, each to be bound in £. 2500 and he in £.5000 for his appearing before this House when he shall be so ordered.

Forster & al. versus Bernard.

Upon reading the Petition of Anth. Forster and his Wise, and others Appellants; praying, "That in respect the Defendants have not answered, that all Proceedings in the Courts below may be stayed during the depending of their Appeal in this House:"

Proceedings in the Courts stayed.

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Proceedings in the Courts below shall be stayed upon the said Appeal during this Session of Parliament, unless the Cause be first heard in this House.

Bernard longer Time to answer for Munt's Children.

The House being moved, upon an Affidavit read, "That longer Time may be given to Jn° Bernard, for answering to the Petition of Anth. Forester and others:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jn° Bernard hath hereby Time given him until Tuesday the 29th Day of this Instant April, at Ten of the Clock in the Forenoon, for answering thereunto, on the Behalf of Humph. Munt's Children.

Dean and Chapter of Hereford & al. versus Hodges.

The House being moved, "That a Day may be appointed for hearing the Cause wherein the Dean and Chapter of Hereford and James Gregory Esquire are Appellants, and Rich'd Hodges Clerk Desendant:"

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 Thursday the 17th Instant, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause Notice to be given to the Desendant, to the End he attend with his Counsel accordingly.

Coke versus Fountain.

ORDERED, That this House will proceed to hear the Cause, by Counsel on both Sides, at the Bar, wherein Edward Coke Esquire is Plaintiff, and Andrew Fountaine Defendant, To-morrow 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.

Hodie 3^a vice lecta est Billa, "An Act for recognizing the King and Queen, and for avoiding all Questions touching the Acts made in the Parliament assembled at Westminster, the 13th Day of February, 1688."

The Title was agreed to be amended at the Table, by adding, after the Word ["King"], ["William"]; and before the Word ["Queen"], add ["Mary"].

Then it was agreed, that in the last Clause these Words should be inserted ["And be it enacted"].

Which was done; and so read Thrice, and passed.

And then the Question was put, "Whether this Bill shall pass?"

rotest against

It was Resolved in the Affirmative.

"Dissentientibus,

Halifax.

North & Grey."

Before the Question was put, several Lords desired to enter their Dissents, if the Question was carried in the Affirmative.

"Dissentientibus, for these Reasons (fn. 1) :

Somerset.
Scarsdale.
Huntingdon.
Rochester.
Westmorland.
Abingdon.
Feversham.
Weymouth.
Nottingham.
H. London.
P. Winchest'r.
T. Jermyn.
W. Landaff.
Tho. Menev.
W. Asaph.
Dartmouth.
E. Wigorniens.

Message to H. C. with the Bill.

A Message was sent to the House of Commons, by Mr. Justice Gregory and Mr. Baron Turton:

To carry down the said Bill, and desire their Concurrence thereunto.

Counsel heard against the Bill for making void several Letters Patents.

Whereas this Day was appointed for hearing Counsel for, and against the Bill, intituled, "An Act for making void several Letters Patents therein mentioned;" Counsel appearing against the Bill, but no Counsel for Their Majesties, nor other Persons therein concerned:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Their Majesties Counsel, on Their Majesties Behalf, for the said Bill, on Tuesday the 22th Day of this Instant April, at Ten of the Clock in the Forenoon: And it is further ORDERED, That William Harboard Esquire be, and is hereby, desired to send to this House the Two Reports by him made concerning the Fort of Sherness or Honour of Tedbury, the one made the 23 of April, and the other the 16th of June, to Colonel Vernon: And it is further ORDERED, That Mr. Serjeant Birch, Mr. Rupert Browne, Samuell Boheme, and the Widow of Colonel Vernon, shall have Notice hereof, to the End they attend with their Counsel at the Day appointed.

Dod & al. versus Burrows.

ORDERED, That this House will hear the Cause wherein Anne Dod is Plaintiff, and Thomas Burrows is Defendant, on Wednesday the 16th Day of this Instant April, at Ten of the Clock in the Forenoon.

Pope versus De Cassaris.

ORDERED, That this House will hear the Cause wherein Charles Pope is Plaintiff, and Francis de Cassaris is Defendant, on Saturday the 19th Day of this Instant April, at Ten of the Clock in the Forenoon.

Impeachments fromone Parliament to another; and Proceedings below after Appeals, &c.

ORDERED, That on Thursday next, at Ten of the Clock in the Forenoon, this House will take into Consideration, whether Impeachments continue in Statu quo from Parliament to Parliament; and also whether the Courts in Westminster Hall may proceed in the Intervals of Parliaments, after Appeals or Writs of Error are depending in this House.

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 9^um diem instantis Aprilis, hora deciam Aurora, Dominis sic decernentibus.