House of Lords Journal Volume 15: 3 January 1693

DIE Martis, 3 die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Churchill versus Hastings.

The House being this Day moved, "That the Lady Churchill may be allowed further Time for answering to the Petition and Appeal of Caroletta Hastings:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lady Churchill hath hereby Time allowed her for answering thereunto, until Wednesday the Eleventh Day of this Instant January, at Ten of the Clock in the Forenoon.

Pitt's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell Part of the Lands and Tenements of Mathew Pitt Esquire and Robert Pitt Gentleman, for the Payment of Debts; and to settle the rest of their Lands upon the said Mathew and Robert, and the Wife of the said Robert, and their Issue."

Wollaston's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming the Sale of certain Wood-lands, in the County of South'ton, and certain Articles of Agreement made between Isaac Woollaston and Richard Woollaston Esquire."

ORDERED, That the Consideration of this Bill shall be committed to the 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 near the House of Peers; and to adjourn as they please.

Sir W. Mannock's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the enabling Sir Will'm Mannock Baronet to charge his Estate, for the raising his Younger Children Portions."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir Lacon William Child:

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

Ward, Jackson, & al. versus Sir E. Turner.

Upon reading the Petition of James Ward Esquire, Roger Jackson, Christopher Cratford, John Adams, and others, being an Appeal from a Decree made by the Lords Commissioners of the Great Seal, the Thirtieth of June One Thousand Six Hundred Ninety-one, on the Behalf of Sir Edward Turner; and praying the Reversal thereof:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Edward Turner may have a Copy of the said Petition; and be, and he is hereby, required to put in his Answer thereunto, in Writing, on Tuesday the Tenth Day of this Instant January, at Ten of the Clock in the Forenoon.

Maclesfield versus Maclesfield.

Upon reading the Petition and Appeal of Ralph Macclesfeild Gentleman, Appellant, against Mary Macclesfeild Widow and Peter Macclesfeild Gentleman, Respondents, from a Decree made in the Court of Chancery, the Eight and Twentieth of January, 33° Caroli Secundi; and praying the Reversal of the Decree, Orders, and Enrolments, in Chancery:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Macclesfeild Widow and Peter Macclesfeild may have a Copy of the said Petition; and be, and they are hereby, required to put in their Answers thereunto, in Writing, on Tuesday the Seventeenth Day of this Instant January, at Ten of the Clock in the Forenoon.

Ruddle versus Cass.

The House being moved, "That a Day may be appointed for hearing of the Cause wherein Robert Ruddle is Appellant, and John Cass Respondent:"

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 Tuesday the Seventeenth Day of this Instant January, at Ten of the Clock in the Forenoon.

Message from H. C. concerning a Conference.

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

To acquaint the House, that the Commons agree to a Free Conference, upon the Subject-matter of the last Conference, as desired.

Answer.

Then the Commons, being called in again, were told, "The Lords appoint To-morrow, at Eleven of the Clock, in the Painted Chamber, for the Free Conference."

Free Proceedings in Parliament, Bill.

The Order being read, for putting the House into a Committee, upon the Bill, intituled, "An Act touching free and impartial Proceedings in Parliament:"

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

And, after a long Time spent therein, and several Questions put upon the several Paragraphs in the said Bill, the House was resumed.

And the Lord Viscount Weymouth reported, "That the Committee had gone through the said Bill, without any Amendment."

Then, the Question was put, "Whether the Bill shall now be read the Third Time?"

It was Resolved in the Affirmative.

Hodie 3^a vice lecta est Billa, intituled, "An Act touching free and impartial Proceedings in Parliament."

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

It was Resolved in the Negative.

"Dissentient.
Halifax.
Lindsey.
J. Exon.
The. Roffen.
Tho. Menev.
Abingdon.
Jo. Oxon.
Monmouth.
Crewe.

Before the putting of the abovesaid Question, Leave was asked, and granted, for any Lords to dissent, which Way soever the Question was carried; and the Lords whose Names are hereunder subscribed do dissent, in the Reasons following:

"1. Because the principal Objection made to this Bill was, the great Danger that might happen thereby of the too long continuing this present Parliament, which is an ill Consequence that we can no Ways apprehend; since we hope, and humbly conceive, His Majesty will never be capable of taking any Advice of that Kind, so plainly destructive to the Subjects just Rights of Election to frequent Parliaments, and so many Ways inconsistent with the Good of this Nation.

"2. Because we are not only very sensible of the just Occasion given for such an Act (though we are loth to enlarge upon so tender a Subject); but have good Reason to believe the House of Commons would not have begun and passed a Bill of this Nature, wherein the Members of that House are so particularly concerned, without having been fully satisfied in the Reasons for it, and plainly convinced of that great Need the People of England are in at this Time of so just and wife a Provision.

"Warrington.
Cumberland.
Mulgrave.
Ailesbury.
Thanet.
Rivers.
Denbigh.
Marleborough.
Stamford.
Montagu.
De Longueville.
Clifforde.
Ashburnham.
Vaughan.
Cholmondeley.
Fitzwalter.
Weymouth.
J. Arundell.
Sandwich.
Carnarvon."

Proxies entered this Day allowed.

The House having been divided upon the abovesaid Question;

A Debate arose, "Whether the Proxies of any Lords that were entered this Day should be allowed upon casting up the Proxies?"

(fn. 1) "Memorandum, This Entry should regularly have been inserted before the Words, ["It was Resolved in the Negative."]

* * * * * * * * *

Hereupon, this Question was put, "Whether the Proxies entered this Day shall be allowed?"

It was Resolved in the Affirmative.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) quartum diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.