House of Lords Journal Volume 14: 23 April 1690

DIE Mercurii, 23 die Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir R. Fenwick's Bill.

The Earl of Rochester reported, "That the Committee for the Bill to enable Sir Robert Fenwick to sell Lands, for Payment of Debts, have made some Amendments in the said Bill; and offers the same to the Consideration of the House."

The said Amendments were read Twice, and Agreed to.

Hodie 3^a vice lecta est Billa, "An Act to enable Sir Robert Fenwicke to sell Lands, for Payment of Debts."

The Question being put, "Whether this Bill, with the Amendments now read, shall pass into a Law?"

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 Rob't Le Gard and Mr. Merideth:

To let them know, that the Lords do agree to the Bill for enabling Sir Robert Fenwick to sell Lands, for Payment of Debts, with some Amendments which they have made; to which Amendments the Lords do desire the Concurrence of the Commons.

Sir H. Forester's Bill.

Hodie 2^a vice lecta est Billa, "An Act to enable Sir Humphrey Forester to settle and dispose Lands, by the Consent of Sir Humphrey Winch, his Father-inLaw."

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

Their Lordships, or any Three of them; to meet at Four of the Clock this Afternoon, in the Prince's Lodgings.

Harris versus Osbolston.

Upon hearing Counsel this Day at the Bar, upon the Petition and Appeal of John Harris and Elizabeth Harris, from a Dismission in the High Court of Chancery, made the 7th Day of May, 1688, in a Cause there depending, between the said Appellants and Robert Osbolston and others Defendants; as also the joint and several Answers of Robert Osbolston, Sir Peter Daniell, and Robert Townson, 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 Purchases insisted on by the Defendants from the Appellants be, and are hereby, set aside; and that the said Dismission complained of in the said Appeal be, and is hereby, reversed, as to the Eighty Pounds per Annum; and that the Defendant Robert Osbolston do account for the said 80£. per Annum to the Appellants, ever since the Death of William Ely the Testator of the said Elizabeth Harris, discounting thereout the Monies by them, or either of them, respectively received; and that the said Court of Chancery do proceed to take the said Accompt accordingly.

Pope versus De Casseris.

The House being moved, "That a sufficient Person may enter into Recognizance, in this House, for Charles Pope, who is at Bristol:"

It is thereupon ORDERED, That (fn. 1) for the said Pope may enter into Recognizance, as is desired.

ORDERED, That the Lords Committees for Petitions be, and are hereby, revived; to sit on Friday next, at Nine of the Clock in the Forenoon.

Law, Practice of, Bill concerning.

Whereas this Day was appointed, for hearing Counsel, upon the Petition of Shem Bridges Esquire, in a Committee of the whole House, against the Bill, intituled, "An Act for the Benefit of the Subject, in relation to the Practice and Execution of Law:"

Officers of the Courts to be heard against it.

It is ORDERED, That this House will hear the Petitioners, by their Counsel, against the said Bill, To-morrow, at Ten of the Clock in the Forenoon, the First Business.

Malmsbury Town versus Regem, in Error.

This Day being appointed for Their Majesties Attorney General to join Issue in the Writ of Error wherein the Town of Malmsbury are Plaintiffs, and the King Defendant; it being this Day moved, "That They may have further Time for Their Majesties Attorney General for joining Issue thereupon:"

It is ORDERED, That he hath hereby Time given for doing thereof until Monday next, at Ten of the Clock in the Forenoon.

Bill for vacating several Letters Patents.

ORDERED, That the Lords Committees for the Bill, intituled, "An Act for vacating several Letters Patents therein mentioned," be, and are hereby, revived; to sit To-morrow, at Four of the Clock in the Afternoon.

King present.

His Majesty ascended His Throne, being adorned with His Royal Robes and Regal Crown; the Peers being likewise in their Robes. The Gentleman Usher of the Black Rod was commanded to signify His Majesty's Pleasure to the House of Commons, "That they presently attend His Majesty."

Who being come; their Speaker made the Speech following:

Speaker of H. C. Speech.

"We, Your Majesty's most dutiful and loyal Subjects, the Knights, Citizens, and Burgesses of Your House of Commons, having taken into our serious Consideration that Part of Your Majesty's Gracious Speech relating to Your Revenue and a Supply, wherein we have used all the Diligence and Dispatch that the Rules and Methods of our Proceedings would admit, do at this Time humbly present to Your Majesty Two Bills; by the one, granting and settling the Temporary Excise to Your Majesties for Your Lives, and the Life of the Survivor, making the same a Fund of Credit for Two Hundred and Fifty Thousand Pounds, towards the reducing of Ireland, and carrying on the present War against France with Speed and Vigour.

"The other, for raising Monies, by a Poll and otherwise, towards the same Purposes.

"And we most humbly beseech Your Majesty, that You will graciously please to accept of them, as an Earnest of our dutiful Affections to Your Majesty, and of our Resolution to assert and support the Government, under Your Majesties, with our Assistance to the uttermost of our Powers."

Then the Clerk of the Parliaments received the Two Bills of the Speaker, and brought them to the Table; where the Titles were read by the Clerk of the Crown; and the Royal Assents were pronounced by the Clerk of the Parliaments:

Bills passed.

"1. An Act for granting to Their Majesties, for Their Lives, and the Life of the Survivor of Them, certain Impositions upon Beer, Ale, and other Liquors."

"2. An Act for raising of Money, by a Poll and otherwise, towards the reducing of Irland, and prosecuting the War against France."

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

In the like Manner these Private Bills were passed:

"1. An Act to supply a Defect in a former Act of the last Parliament, for the Sale or Leasing of a House, late Henry Coventrie's Esquire, in Piccadilly."

"2. An Act to illegitimate any Child, or Children, which Jane the Wife of John Lewkner Esquire hath had, or shall have, during her Elopement from him."

"3. An Act to enable John Wolstenholme Esquire to sell Lands, for Payment of Debts."

"Soit fait come il est desiré."

After this, His Majesty withdrew.

Message from H. C. with Sir R. Fenwick's Bill.

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

Who returned the Bill to enable Sir Rob't Fenwick to sell Lands for Payment of Debts, sent down with some Amendments made by the Lords; to which Amendments the Commons have agreed (fn. 1).

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 24^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.