House of Lords Journal Volume 14: 27 December 1690

DIE Sabbati, 27 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rosseter's Bill.

The Earl of Rochester reported from the Committee, the Bill, intituled, "An Act to enable John Rosseter Esquire to sell Lands, for Payment of Debts," as fit to pass, without any Amendment.

Hodie 3^a vice lecta est Billa, "An Act to enable John Rosseter Esquire to sell Lands, for Payment of Debts."

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

It was Resolved in the Affirmative.

York Buildings Waterworks Company, Bill.

Hodie 1^a vice lecta est Billa, "An Act for incorporating the Proprietors of the Water-house in Yorke Buildings, and for the Encouragement, carrying on, and settling, the said Water-works."

False Musters at Sea to prevent, Bill.

Hodie 2^a vice lecta est Billa, "An Act to prevent false Musters at Sea, and false Payment of Seamen."

ORDERED, That the Consideration of this Bill is referredto the Lords following; and that the Commissioners of the Navy have Notice thereof:

Their Lordships, or any Three of them; to meet on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Public Accompts for examining, Bill.

Hodie 1^a vice lecta est Billa, "An Act for appointing and enabling Commissioners to examine, take, and state, the Public Accompts of the Kingdom."

ORDERED, That the said Bill shall be read again on Monday next, at Ten of the Clock in the Forenoon; and that all the Lords in and about the Town be summoned then to attend.

Protections, Irregularities in.

This Day being appointed for his Grace the Duke of Northumb'l'd, the Earl of Suffolke, the Earl of Lincolne, and Lord Morley, to give an Account of their having given Protections contrary to the Rules and Orders of this House.

D. of Northumb. will conform to the Orders concerning them.

Then the Names were read, of the Persons protected by his Grace the Duke of Northumb'land.

His Grace, in his Place, said, "That he was ignorant of the Rules and Orders of the House concerning Protections; and declared that, for the future, he would never give any, but to those that were actually his menial Servants."

L. Morley, D.

Then the Names being read of the Persons protected by the Lord Morley; his Lordship likewise said, "He was ignorant of the Rules and Orders of the House; and declared that he would give no more for the future contrary thereunto."

E. of Suffolk and E of Lincoln don't attend.

The Earl of Suffolke not being in Town, the Names of the Persons by him protected were not read.

Then Protections vacated.

The Earl of Lincolne not attending as ordered, the Orders following were made:

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Protections now entered in this House, by his Grace the Duke of Northumb'l'd, the Earl of Suffolke, the Earl of Lincolne, and the Lord Morley, shall be, and are hereby, vacated."

E. of Lincoln to attend, and answer Dixon's Complaint against him and his Servants.

"It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Right Honourable Edward Earl of Lincolne do attend this House on Monday next, at Ten of the Clock in the Forenoon, or send Two Physicians to attest upon Oath that he is not able to attend the House without Danger of his Life; and that he shall have a Copy of the Petition of William Dixon, sent to his Lordship herewith: And it is further ORDERED, That the Persons, his Lordship's Servants, complained of in the said Petition, do also attend this House at the same Time; and hereof they may not fail."

Written Protections may be granted to menial Servants.

Then the House resumed the adjourned Debate Yesterday, "Whether Written Protections shall be allowed for the future to be given to menial Servants?"

And, after some Time spent in Debate thereupon, this Question was proposed, and read,

"Whether any Protection shall be granted?"

Then this Question was put, "Whether these Words shall be added to the said Question, ["without Leave of the House"]?"

It was Resolved in the Negative.

Then the abovesaid Question was put,

"Whether Written Protections shall be granted?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentientibus,
Bolton.
Shrewsbury.
Monmouth.
Fauconberg.
Marleborough."

Dixon versus E. of Lincoln & al. for consining him in a Turret.

Whereas the Earl of Lincolne was on Tuesday last summoned to attend this House Yesterday, upon the Petition of William Dixon (which he hath not done); shewing, "That, in July 1689, he was seized, by Robert Dickenson, Joseph Osborne, Anne Taylor, and Anne Lamb Widow, and violently hurried into a House of the Earl of Lincolne's, where he was kept in a Turret several Weeks a close Prisoner, under strict Guard, without being allowed Candle, Pen, Ink, Paper, Meat or Drink, but what he procured at his own Charge to prevent being famished, and after was detained longer by one Joseph Taylor Husband to the said Anne, and several other Things in the Petition set forth; and when he brought his Action against the said Osborne and Taylor, and it was ready to be tried, they produced Protections under the Earl of Lincolne's Hand insisting upon Privilege of Parliament; and praying Relief in the Premises:"

Dixon, Leave to proceed against Dickenson, Osborne, & al.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Dixon hath hereby Liberty given him to proceed at Law against the said Robert Dickenson, Joseph Osborne, Anne Taylor, Anne Lamb, Joseph Taylor, or James Colvert, complained of in the said Petition, notwithstanding any Privilege claimed by them or any of them.

Bill for attainting Persons in Rebellion.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, An Act for attainting Persons in Rebellion in Ireland and England, and for applying their Estates towards the Charge of the War," shall be read the Second Time on Monday next, at Eleven of the Clock in the Forenoon, next after the Bill for taking Accompts of the Public Monies.

Hyett, Under Sheriff of Glouc. who was ordered to restore Rowe's Horses, seized at Cockaine's in Glouc. at the Suit of Harcourt; Petition to be heard against that Order.

Upon reading the Petition of Benjamine Hyett, late Under Sheriff of the County of Glocest.; shewing, That, by virtue of a Scire Facias out of the King's Bench, at the Suit of Symon Harcourt Esquire, he seized and took in Execution several Horses and Goods of James Cockyne Esquire; and that he, having them in Custody, was lately served with an Order annexed, by Thomas Fletcher, of Stow, in the County of Glocest. Gentleman, to deliver the Horses and Goods to Anthony Row Esquire; and the Petitioner being informed, that the said Anthony Row was not legally entitled to any of the said Horses and Goods, and that the Order annexed was no real Order; and humbly praying to be heard by Counsel, to the End he may have further Directions therein;" and upon reading the Order annexed, and the Order of this House, it is evident the annexed Order is false:

Order served on Hyett a fcrged one.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Benjamine Hyett do attend this House, to attest the Truth of his being served with the said Order; and that the said Thomas Fletcher and Anthony Row do attend this House on Saturday the Third Day of January next, at Ten of the Clock in the Forenoon; and hereof they may not fail, as the contrary will be answered to this House.

Adjourn.

Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 29^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.