House of Commons Journal Volume 9: 7 May 1678

Martis, 7 die Maii, 1678.

Prayers.

Lindsey Level.

ORDERED, That the Cause concerning Lindsey Level be heard on this Day Sevennight, by Counsel at the Bar.

Banks' Estate.

Mr. Weld reports from the Committee to whom it was referred to examine Which of the Petitions that were exhibited in the Name of John Banks Esquire, was the right Petition; and how the same were obtained; That the Committee met, and read the Two Petitions; and their Judgment was, That the Petition, brought into the House on Saturday last, was the true Petition of John Banks Esquire, Heir to Sir Ralph; in regard Mr. Ettrick saw him subscribe the same; and desired him to cause the same to be delivered to the House: They likewise judge, That the other Petition was not the Petition of the said John Banks, in regard no Person gave any Proof of the same: And besides, the Hands were not the same, nor like one to the other; and also, the Spelling of the Name of Banks was not the same.

Ordered, That Sir John Moreton and Mr. Weld do go to Mr. Eyres, and receive his Information, touching the Petition by him presented to the House, on the Behalf of Mr. Banks.

A Motion was made, for some Amendments to be made to the Bill to enable the Trustees of Sir Ralph Banks to sell Lands, for Payment of Debts:

And it being agreed by the House, That the Bill should be amended in several Places, by leaving out the Name of "Samuell Gilly Esquire," and inserting the Name of "Sir William Portman Knight of the Bath, and Baronet;"

Resolved, &c. That the Bill, so amended, do pass: And that the Title be, An Act to enable the Trustees of Sir Ralph Banks to sell Lands for Payment of Debts: And that Mr. Weld do carry back the Bill, with the Amendments, to the Lords, for their Concurrence.

Address for Answer to one on 4th inst.

The House then took into Consideration his Majesty's Answer to the Address, on Saturday.

Resolved, &c. That an humble Address be presented to his Majesty, That his Majesty would graciously be pleased to give a speedy Answer to the last Address, presented to his Majesty from this House, of the Fourth of May instant.

Address for removing Advisers of Answers.

The Question being put, That an Address be presented to his Majesty, to remove those Counsellors who advised the Answers to the Addresses of the Six-and-twentieth of May, or One-and-thirtieth of January last, or either of them;

The House divide.

The Yeas go forth.

And so it was resolved in the Affirmative.

Resolved, &c. That an Address be presented to his Majesty, to remove those Counsellors who advised the Answers to the Addresses of the Six-and-twentieth of May, or One-and-thirtieth of January last, or either of them.

Resolved, &c. That it be referred to a Committee, to draw up an Address upon the Two last Votes; and the Debates of the House, relating thereunto:

And it is referred to Sir Tho. Clerges, Mr. Powle, Sir Gilbert Gerrard, Sir Nich. Carey, Mr. Secretary Williamson, Mr. Hall, Mr. Booth, Sir Hen. Capell, Sir Wm. Franckland, Sir John Ernly, Sir Tho. Littleton, Mr. Serjeant Gregory, Mr. May, Mr. Buscawen, Mr.Whorwood, Colonel Titus, Mr.Hopkins, Sir John Mallet, Mr. Thyn, Sir Chr. Musgrave, Sir Court. Poole, Sir Trevor Williams, Sir Tho. Meeres, Sir Tho. Lee, Sir Wm. Hickman, Mr. Harbord, Mr. Sachaverell, Sir John Hotham, Lord Cavendish, Sir Hen. Goodrick, Colonel Birch, Lord Ancram, Mr. Dalmahoy, Sir Rich. Graham, Mr. Swinfen, Sir Fr. Rolles, Sir John Werden, Mr. Williams, Mr. Progers, Sir Tho. Mompesson, Mr. Herbert, Sir John Hanmer, Lord Castleton, Sir Rob. Thomas; or any Five of them: And they are to meet To-morrow Morning, at Eight of the Clock, in the Speaker's Chamber.

Address for removing Duke of Lauderdale.

A Debate being in the House, touching an Address to be presented to his Majesty, to remove the Duke of Lauderdale, from his Councils and Presence;

The Question being put, That the Debate be adjourned till To-morrow Morning, Ten of the Clock;

The House divide.

The Yeas go forth.

And so it passed in the Negative.

The Question being put, That an Address be presented to his Majesty, to remove the Duke of Lauderdale from his Councils and Presence;

The House divide.

The Yeas go forth.

And so it was resolved in the Affirmative.

Resolved, That an Address be presented to his Majesty, to remove the Duke of Lauderdale from his Councils and Presence.

Ordered, That the Committee, this Day appointed to draw up the former Address, do draw up this Matter into another Address.

And then the House adjourned till To-morrow Morning, Eight of the Clock.