House of Lords Journal Volume 15: 8 March 1693

DIE Mercurii, 8 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hameldon, Lands, &c. in, for confirming, Bill.

The Amendments made to the Bill, (intituled, "An Act for settling and confirming the Manors and Lands in Hameldon, in the County of Rutland, as they are now enjoyed, and have been for divers Years last past, pursuant to an Agreement for enclosing and exchanging of Lands there,") were read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Sir R. Smith's Bill.

As also the Amendments made to the Bill, (intituled, "An Act for Sale of Lands by Sir Robert Smith; and settling other Lands, of a greater Value, to the same Uses, in Lieu thereof,") were read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Lords summoned to attend the King, with the Address about Ireland.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Lords in and about the Town shall be summoned to attend this House Tomorrow, in order to wait on His Majesty, with the Address, at Four of the Clock in the Afternoon; and none to be dispensed with from attending His Majesty, without Leave of the House.

King attended about the Mutiny Bill.

The Earl of Bridgewater acquainted the House, "That he and the other Lords had attended His Majesty, as commanded."

Messages from H. C. with a Bill, and to return Hinde's.

A Message was brought from the House of Commons, by Sir John Guise and others:

Who brought up a Bill, intituled, "An Act for Review of the Quarterly Poll granted to Their Majesties in the last Session of this present Parliament;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir William Cooper and others:

To return the Bill, intituled, "An Act for the vesting a Messuage and Lands in Trustees, to be sold, for Payment of the Debts of Abraham Hinde deceased;" to which they have agreed, without any Amendment.

Reviving, continuing, &c. Laws, Bill for.

The Earl of Bridgewater reported from the Lords Committees, the Bill, intituled, "An Act for reviving, continuing, and explaining, several Laws therein mentioned," as fit to pass, without any Amendment.

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act for reviving, continuing, and explaining, several Laws therein mentioned."

A Rider, concerning searching Peers Houses, rejected.

A Rider was offered, to be added to the Bill, concerning searching Peers Houses, and read.

The Question was put, "Whether this Rider shall be added to the Bill?"

It was Resolved in the Negative.

"Dissentient.
Cornwallis."

Proviso, that the Book may be printed, if the Author and Printer's Names are to it.

Another Proviso was offered, to be added to the Bill, "That, if the Name of the Author and Printer be added to the Book, it may be printed."

Which being read;

The Question was put, "Whether this Rider shall be added to the Bill?"

It was Resolved in the Negative.

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

It was Resolved in the Affirmative.

"Dissentientibus,

Protest against the Bill, on account of these Provisos being rejected.

"Because the following Provisos were not admitted:

"Provided always, That no Search shall be at any Time made in the House or Houses of any of the Peers of this Realm, by virtue of the said Act of Printing, without Oath being first made; any Thing herein to the contrary thereof in any Wise notwithstanding.

"Provided always, and be it Enacted, by the Authority aforesaid, That if the Names of the Printer and the Author of any Book be affixed to, and printed in, the said Book; that then, and in such Case, it shall not be necessary to take out a License for the Printing the said Book."

"And we conceive that the Benefit which may accrue to the Public, by the Continuance of the several Acts mentioned in the Bill, will not countervail the Prejudice there may be in many respects by rejecting the aforesaid Clauses, which we offered as Amendments to the Bill for preventing Abuses in punishing seditious, treasonable, and malicious Books and Pamphlets, and for regulating of Printing and Printing Presses:

"Because it subjects all Learning and true Information to the arbitrary Will and Pleasure of a mercenary, and perhaps ignorant, Licenser; destroys the Properties of Authors in their Copies; and sets up many Monopolies.

"Mulgrave.
Stamford.
Halifax.
Maclesfeld.
Vaughan.
Lincoln.
Marleborough.
Hunsdon.
Granville.
Ossulstone.
Shrewsbury."

Message to H. C. that the Lords have passed the Bill.

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

To let them know, the Lords have passed the said Bill.

E. of Ailesbury, Leave to be absent.

Leave was given to the Earl of Ailesbury, to go into the Country.

Privateers for encouraging, and to prohibit all Trade with France, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers."

ORDERED, That the said Bill be committed to a Committee of the whole House, To-morrow, at Eleven of the Clock in the Forenoon.

Chambers & al. to be heard against it.

Upon reading the Petition of Thomas Chambers, John Frank, and Samuel Lockley, on Behalf of themselves and others concerned in Privateers; praying to be heard, by their Counsel, touching the Bill, intituled, "An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That they shall be heard, as desired, To-morrow, at Eleven of the Clock in the Forenoon, in a Committee of the whole House.

Lotteries to prohibit, Bill, Ly. Cary, Colonel Howard, Ly. Armstrong, and Officers Widows, &c. to be heard against it;

Upon reading the Petition of the Lady Cary, the Honourable Colonel Phillip Howard, Sir John Oshorne Knight, the Lady Armstrong, Armstrong, Armstrong her Daughters, Colonel Henry Eubanck, and several others, indigent Officers, Widows, and Fatherless Children, on Behalf of themselves and others, "That they may be heard, before the passing of the Bill, intituled, an Act for the prohibiting the Use of all Lotteries:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners shall be heard, as desired, To-morrow, at Ten of the Clock in the Forenoon.

and Colonel Vaughan.

Upon reading the Petition of Colonel John Vaughan; praying, that he may be heard, before the passing of the Bill, intituled, "An Act for the prohibiting the Use of all Lotteries:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That he shall be heard, as desired, To-morrow, at Ten of the Clock in the Forenoon.

Sir C. Englefield's Pet.

Upon Report from the Lords Committees for Privileges, in the Case referred to them upon the Petition of Sir Charles Englefeild:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be re-committed to the Lords Committees for Privileges; who are to meet To-morrow, at Five of the Clock in the Afternoon.

Sedgwick versus Hitchcock.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Obadiah Sedgwick Merchant; shewing, "That the Two Issues ordered by this House to be tried at Law have been accordingly tried; and that the Petitioner proving, that he (bona fide) lent his Money without any Notice of Slaney's Bankruptcy; and that he (by the Advice of Counsel, with the rest of the Creditors that sought Relief in Time,) fairly proceeded in obtaining the said Distribution; a Verdict was thereupon given for the Petitioner in the last Issue directed, as in the Petition amongst other Things is set forth; and praying that the Order of the Twentieth of December, One Thousand Six Hundred and Ninety, upon hearing the Appeal, may be confirmed;" as also upon the Answer of George Hitchcock Esquire, William Bird, Charles Mitchell, Robert Mitchell, Thomas March, Merchants, and several others, Creditors of Richard Slaney Bankrupt, put in thereunto:

After due Consideration had thereof, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Obadiah Sedgwick's Claim to an Interest in the Bankrupt Slaney's Estate shall be taken, and be in the same Condition, as before the Lord Jeffryes' Order for cancelling the Deed of Distribution, and for Sedgwick's re-conveying the Estate in Question; and that what the said Obadiah Sedgwick, or his Trustee Hugh Noden, hath done in Pursuance of the said Order, shall not be to his Prejudice; and also that a Copy of the Deed of Distribution shall be admitted for Evidence, as if the Original were now extant: And it is further ORDERED, That the said George Hitchcock and the other Respondents shall pay, or cause to be paid, unto Obadiah Sedgwick, the Sum of One Hundred Pounds, for his Costs.

Cheatham versus Humphreys.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Ralph Cheatham is Appellant, and Toby Humphrys Respondent, on Friday next, at Ten of the Clock in the Forenoon.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) 9^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.