House of Lords Journal Volume 15: 20 January 1693

DIE Veneris, 20 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

Baynton's Bill.

Hodie 1 ^a vice lecta est Billa, intituled, "An Act for the more speedy and effectual Execution of the Trust created by the Will of Henry Bayntun Esquire, deceased; and for raising a Portion for his Daughter."

Message from H. C. to return Macclesfield's and Powell's Bills.

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

To return the Bill, (intituled, "An Act to enable Ralph Macclesfeild to sell Lands, for Payment of Debts, and making Provision for his Wife and Children,") with One Amendment; to which they desire their Lordships Concurrence.

A Message was brought from the House of Commons, by Sir Thomas Dike and others:

To return the Bill, intituled, "An Act for the settling of the Manor of Kingsnoth, for the enabling Barnham Powell Esquire to make Provision for his Younger Children;" to which they have agreed, without any Amendment.

Lords Amendments to the Land Tax Bill.

The Earl of Rochester reported from the Committee, what was drawn by them, to be offered at a Conference with the House of Commons, upon their Lordships receding from their Provisos added to the Bill, intituled, "An Act for granting to Their Majesties an Aid of Four Shillings in the Pound, for One Year, for carrying on a vigorous War against France."

Then the Reasons were read, and altered; which were agreed to, as followeth; (videlicet,)

Reasons, to be offered at a Conference, for the Lords receding from them, asserting their Right to make Amendments in Money Bills.

"The Lords can by no Means agree to what was offered by the House of Commons at the last Conference; because, besides many Precedents in former Times in taxing themselves for their Personal Estates, they have had a very late one in the Act, intituled, "An Act for raising Money, by a Poll and otherwise, towards the reducing of Ireland, and prosecuting the War against France;" wherein they did nominate Commissioners of their own, for taxing their Personal Estates.

"And because they conceive that the making of Amendments and Abatements of Rates in Bills of Supply sent up from the House of Commons is a fundamental, inherent, and undoubted Right of the House of Peers, from which their Lordships can never depart; they have therefore thought themselves obliged to assert it upon this Occasion.

"But, considering that a Difference between the Two Houses upon this Bill may create such Delays in the passing of it as would be of the most fatal Consequence in the present Conjuncture, the Lords have not thought convenient at this Time to insist upon their Provisos."

Message to H. C. for a Conference about this Business.

A Message was sent to the House of Commons, by Sir John Hoskyns and Sir Adam Ottley:

To desire a present Conference, in the Painted Chamber, upon the Subject-matter of the last Conference.

Answer.

The Messengers sent to the House of Commons return this Answer:

That the Commons will give a Conference, as desired.

Conference.

The House being informed, "That the Commons were come to the Conference;" the last Managers Names were read; and the House was adjourned during Pleasure, and the Lords went to the Conference:

Which being ended, the House was resumed.

Disaffected Persons, to prevent Dangers from, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, (intituled, "An Act to prevent Dangers which may happen from Persons disaffected to Their Majesties Government,") shall be read the Second Time on Monday next; and all the Lords summoned then to attend.

"K. William and Q. Mary Conquerors," Bohun and Baldwin summoned for publishing it.

The House being informed, "That there is a Book published, intituled, King William and Queen Mary Conquerors, &c. which is licensed by Edmund Bohun, and printed for Richard Baldwin, near The Oxford Armes, in Warwick Lane, &c. 1693:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmund Bohun and Richard Baldwin shall and they are hereby required to attend this House To-morrow, at Ten of the Clock in the Forenoon; and hereof they may not fail, as the contrary will be answered to this House.

Special Bail in the Country on Actions in Westm. Hall, Bill for taking.

Hodie 2 ^a vice lecta est Billa, intituled, "An Act for taking special Bails in the Country, upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster."

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

Their Lordships, or any Five of them; to meet Tomorrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ditcher & al: versus Finch.

Upon reading the Petition and Appeal of Nicholas Ditcher and Elizabeth his Wife, Lewis Newnham Esquire, eldest Son and Heir of John Newnham deceased, and John Newnham Second Son and Executor of the last Will and Testament of the said John Newnham deceased, from Two several Decrees made in Chancery; one, the Eighth Day of June, in the Second Year of the Reign of the late King James the Second, in a Cause there depending, between John Finch an Infant, by his Guardian, Plaintiff, and the said Nicholas Ditcher and Elizabeth his Wife, and John Cooper deceased, Defendants; the other, the Sixth of February, in the Second Year of the Reign of Their present Majesties, in another Cause in the said Court also depending, between the said John Finch Plaintiff, and the said Nicholas Ditcher and Elizabeth his Wife, and the said John Newnham deceased, and William Prior and others, Defendants; and praying the Reversal of the said Decrees:

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty, being arrayed in his Royal Robes and Regal Crown, ascended His Throne, all the Peers being in their Robes: The Gentleman Usher of the Black Rod was commanded to signify His Majesty's Pleasure to the Commons, "That they presently attend His Majesty."

Wo being come, with their Speaker; he made a short Speech, relating to the Aid Bill.

Bills passed.

Then the Clerk of the Parliaments received the following Bill from the Hands of the Speaker, and brought it to the Table; where the Clerk of the Crown read the Title, as followeth; (videlicet,)

"1. An Act for granting to Their Majesties an Aid of Four Shillings in the Pound, for One Year, for carrying on a vigorous War against France."

To which the Clerk of the Parliaments pronounced the Royal Assent, in these Words, (videlicet,)

"Le Roy et (fn. 1) la Reyne, remerciant les bon Subjects, acceptant leur Benevolence, et ainsi P veulent."

In like Manner this following Bill was passed:

"2. An Act, that the Inhabitants of the Province of Yorke may dispose of their Personal Estates by their Wills, notwithstanding the Custom of that Province."

To which the Royal Assent was pronounced in these Words; (videlicet,)

"Le Roy et (fn. 1) la Reyne l' vculent."

"3. An Act for the Sale of the Estate of Anthony Eyre Esquire, deceased, for Payment of his Debts, and Portions for his Children."

"4. An Act for vesting the Estate Real and Personal late of Henry Hawley in Trustees, to be sold, or otherwise disposed, for the Benefit of his Daughters and Heirs Susanna and Mary, who are both Minors."

"5. An Act for clearing and removing some Doubts which may arise in an Act of Parliament, intituled, An Act for the vesting several Manors, Lands, and Rents, in the Counties of Lincolne, Berks, and Devon, in Trustees, to be sold, for the buying other Manors and Lands, to be settled for the same or the like Uses as those to be sold are now settled."

"6. An Act to enable Sir John Wentworth Baronet, an Infant under the Age of One and Twenty Years, to make a Jointure out and Settlement of his Manors and Lands, in the Counties of Yorke, in the County of the City of Yorke, and Westmorland."

"7. An Act for the more speedy and effectual Execution of the Trust created by the Will of Sir Anthony Browne Baronet, deceased, and of a Decree in Chancery thereupon."

"8. An Act to enable Alexander Popham Esquire to settle a Jointure upon his Wife, and make Provision for Younger Children, upon Receipt of Twelve Thousand Pounds Portion, to be applied for Payment of his Debts."

"9. An Act to enable Sir George Parker, of Ratton, in the County of Sussex, Baronet, to make a Settlement upon his Marriage, notwithstanding his Minority."

"10. An Act to enable Will'm Wake Gentleman, and William Wake Doctor in Divinity, to make Leases for Lives or Years, within the Manor of Shapwick, in the County of Dorsett."

"11. An Act for the rectifying a Mistake in a certain Act of this present Parliament, passed in the Year One Thousand Six Hundred Ninety-one, intituled, An Act to vest certain Lands of William Molyncux Gentleman in Trustees, for raising the Sum of Two Thousand Pounds, for paying the Portions to his Younger Brother and Sisters, pursuant to a Decree in the Court of Chancery."

"12. An Act for the enabling Sir William Mannock Baronet to charge his Estate, for the raising his Younger Children Portions."

"13. An Act for the settling of the Manor of Kingsnoth, for the enabling Barnham Powell Esquire to make Provision for his Younger Children."

To which Bills the Royal Assent was pronounced in these Words; (videlicet,)

"Soit sait come il est desiré."

Englefyld versus Sir C. Englefyld.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Anthony Englefyld, to which Sir Charles Englefyld is Respondent:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall proceed to hear Counsel therein, To-morrow, at Nine of the Clock in the Forenoon.

L. Mohun, Order for Witnesses.

The House was this Day moved, "That Orders may be issued for summoning Witnesses on the Behalf of Charles Lord Mohun."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Samuell Bucke Esquire, Thomas Owen Esquire, John Herbert Esquire, Thomas Leake, Dorothy Browne, Anne Jones, and Eliz. Walker, do attend this House, on Tuesday the One and Thirtieth Day of this Instant January, at Ten of the Clock in the Forenoon, as Witnesses on the Behalf of Charles Lord Mohun, at his Trial, then appointed in Westm. Hall.

Muschamp versus Burton.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Henry Muschamp Esquire is Petitioner, and Phillip Burton Respondent, on Wednesday the First Day of February next, at Ten of the Clock in the Forenoon.

Committee to inspect Precedents of Methods, to be used in the Trial of L. Mohun.

Lords Committees appointed by the House, to consider and inspect Precedents of Methods to be used, in order to and at the Trial of Charles Lord Mohun in Westm'r Hall; and to report to the House:

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; and to adjourn as they please.

L. Mohun's Order for Witnesses.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That John Warrington, John Davenport, William Merry, Anne Rudd, Gowen Page, Mary his Wife, Martha Bracegirdle Widow, and James Jerwyn, do attend this House on Tuesday the One and Thirtieth Day of this Instant January, at Ten of the Clock in the Forenoon, as Witnesses on the Behalf of Charles Lord Mohun, at his Trial, then appointed in Westm. Hall.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) vicesimum primum diem instantis Januarii, hora nona Aurora, Dominis sic decernentibus.