House of Lords Journal Volume 15: 17 January 1693

DIE Martis, 17 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of St. Asaph takes the Oaths.

This Day Edward Lord Bishop of St. Asaph took the Oaths, and made and subscribed the Declaration, pursuant to the Statutes; and then took his Place on the Bishops Bench.

Ashby versus Crawford et al.

Upon reading the Petition and Appeal of Champion Ashby, of London, Merchant, from several Orders and a Decree made in the High Court of Chancery, of the Third of December One Thousand Six Hundred Ninety-two, in a Cause there depending, by Bill of Revivor, between Henry Crawford and Anne his Wife, William Meadows and Katherine his Wife, Administratrix's of John Swanson deceased, Plaintiffs, and the Petitioner Defendant; and praying the said Orders and Decree may be reversed, and that the now Respondents may answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Crawford and Anne his Wife, William Meadows and Katherine his Wife, may have a Copy of the said Petition and Appeal; and be, and they are hereby, required to put in their Answers thereunto, in Writing, on Tuesday the Four and Twentieth Day of this Instant January, at Ten of the Clock in the Forenoon.

Molyneux's Bill.

Then the Amendments made by the House of Commons to the Bill, (intituled, "An Act for the rectifying a Mistake in a certain Act of this present Parliament, passed in the Year One Thousand Six Hundred Ninety and One, intituled, An Act to vest certain Lands of Will'm Molyneux 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,)" were read Twice, and agreed to; and ORDERED, That the Commons have Notice thereof.

Clandestine Mortgages, to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for preventing Frauds by clandestine Mortgages."

Land Tax Bill.

The Lord Godolphin reported, "That, pursuant to the Order Yesterday, he had drawn a Clause, to be 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; that this Act differs from the former Act, for this Act directs it Quarterly to be paid; and proposes the Blank to be filled up with, the Five and Twentieth Day of March, One Thousand Six Hundred and Ninety-three."

To which the House agreed.

Hodie 3^a vice lecta est Billa, 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."

Peers to assess themselves, and name a Collector.

The Provisos offered to be added to the Bill, for the Peers assessing of themselves for their Offices and Personal Estates, and naming a Collector, were read, and agreed to.

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

It was Resolved in the Affirmative.

Message to H. C. with the Bill.

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

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

Disaffected Persons to prevent Dangers from, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent Dangers which may happen from Persons disaffected to Their Majesties Government."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be read the Second Time on Friday next, at Eleven of the Clock; and that all the Lords be summoned then to attend.

Message from H. C. with Bills.

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

Who brought up a Bill, 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;" to which the Concurrence of this House is desired.

A Message from the House of Commons, by Mr. Bathurst and others:

Who brought up a Bill, (intituled, "An Act for the settling a Jointure on the Wife of Anthony Danby Esquire, and for making Provision for his Brothers and Younger Children, and for Payment of his Debts;)" to which they desire the Concurrence of this House.

Claim to the Title of E. of Banbury.

Then the Order of the Fourteenth Instant being read, for resuming the adjourned Debate concerning the Petitioner who claims the Title of Earl of Banbury; and the Inquisitions formerly taken upon the Death of William Earl of Banbury being also read;

Judges not to be heard concerning it.

And after Debate upon the said Claim;

This Question was put, "Whether all the Judges shall be heard in this Case?"

It was Resolved in the Negative.

"Dissentient.
Carmarthen P.
Halifax.
Mulgrave.
Huntingdon.
Montagu
Scarsdale.
P. Winchest'r.
Lexington.
Marleborough.
Lempster.
Ashburnham.
Manchester.
Lindsey.
Godolphin.
Grey.
H. London".

Petitioner no Right to the Title:

Then this Question was proposed, "Whether the Petitioner hath any Right to the Title of Earl of Banbury."

Upon which the previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put,

"Whether the Petitioner hath any Right to the Title of Earl of Banbury?"

It was Resolved in the Negative.

Protest against that Resolution.

"Dissentient.
Carmarthen. P.
Huntingdon.
Halifax.
Crewe.
Mulgrave.
Marleborough.
Scarsdale.
P. Winchest'r.
Ashburnham.
Montagu.
Manchester.
W. Landaff.
Tho. Menev.
Lindsey.
Ric. Petriburg.
Grey.
Lexington.
H. London.
Godolphin.
Hunsdon."

Person claiming the Title of E. of Banbury, Petition dismissed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition presented to this House the Thirteenth of December last, by a Person claiming the Title of Earl of Banbury, shall be, and is hereby, dismissed this House.

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,) decimum octavum diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.