House of Lords Journal Volume 15: 12 December 1692

DIE Lunæ, 12 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Villiers' Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the 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 Lincoln, 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."

Sir Robert Atkyns versus Lytcott, about auditing the Accompt of Customs and Impositions.

Upon reading the Petition of Sir Robert Atkyns, Knight of the Bath, Chief Baron of Their Majesties Court of Exchequer, and Speaker of the House of Peers; shewing, "That the allowing and signing of the Accompt of Their Majesties Customs, and of the Three new Impositions, and of receiving the accustomed Fees paid by the Accomptant for the signing of the same, doth appertain to him, as Chief Baron; and that he hath required Giles Lytcott Esquire, Comptroller General of the Customs, and the Deputy Auditor, to attend the Petitioner; and they utterly refuse so to do; which he conceives to be a Breach of his Privilege; and praying, that the said Giles Lytcott and the Deputy Auditor may answer the Breach of Privilege:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lords Committees for Privileges; whose Lordships, having sent for and heard such Persons concerning the same as they shall think fit, are afterwards to report to the House.

Englefyld versus Sir C. Englefyld.

Upon reading the Petition of Appeal of Anthony Englefyld Esquire, from a Decree made in the Court of Chancery; the Sixth of April, 3° Jacobi Secundi, in a Cause there depending, between Sir Charles Englefyld Baronet, an Infant, by the Honourable the Lady Philippa Mohun his Guardian Complainant, and Anthony Englefyld Defendant; and praying, "That Sir Charles Englefyld may answer thereunto; and that, in he mean Time, all Proceedings in the Courts below be stayed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Charles Englefyld may have a Copy of the said Petition; and be, and is hereby, required to put in his Answer thereunto, in Writing, on Monday the Nineteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Sir G. Parker's Bill.

The Earl of Westmorland reported the Bill, intituled, "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," with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Office of The Fleet, to sell, for Payment of Debts, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of the Office of The Fleete, and Mansionhouse where the said Office is now kept, and Thirteen Houses adjoining, and the Office of the Custody of the Palaces at Westminster, and the Shops in Westminster Hall to the said Office belonging, for Payment of Debts."

Wycherly versus Town of Shrewsbury.

Whereas To-morrow is appointed for hearing of the Cause wherein Daniell Wycherley is Appellant, and the Town of Shrewsbury Respondents:

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 Friday the Sixteenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Pawlin et al. versus Whitaker.

Whereas To-morrow is appointed for hearing of the Cause wherein Will'm Loggin and Will'm Pawlin are Appellants, and Edward Whitaker 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 Thursday the Two and Twentieth Day of this Instant December, at Ten of the Clock in the Forenoon.

Fishery in The Severn, Bill to repeal Part of an Act for preserving.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the repealing Part of an Act made in the Thirtieth Year of King Charles the Second, for Preservation of Fishing in the River of Severne."

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

Their Lordships, or any Five 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.

Muschamp versus Burton.

Upon reading the Petition of Henry Muschampe Esquire; complaining (amongst other Things) of an Order made on the Behalf of Phillip Burton Esquire, by the Lord Chancellor Jeffryes, the Nine and Twentieth of February One Thousand Six Hundred Eighty-seven; and praying the Reversal thereof:

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

Committee to inspect Acts which expire at the End of the Session.

Lords Committees appointed by the House, to inspect all such Acts as expire at the End of this Session of Parliament; whose Lordships, having so done, are to report to the House.

The Two Lords Chief Justices to assist.

Their Lordships, or any Five of them; to meet on Wednesday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

E. Devon and E. of Exon versus Clerke and Creditors of Warwick.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of John Earl of Exeter and Will'm Earl of Devonshire, from a Decree made in the Court of Chancery the Thirteenth Day of May last, and a subsequent Order of the Three and Twentieth Day of August following, on the Behalf of Elizabeth Clarke Executrix of Phillip Warwick, and of Francis Skinner, John Wadworth, Sir Robert Atkyns, Adam Wareing, Nicholas Knowles, Edward Miller, Sarah Barbone, Thomas Jones, Charles Brexton and Mary his Wife, William Webb and Anne his Wife, John Jeffs and Mary his Wife, the Earl of Holderness, and Barbara Lister, and others, Creditors of the said Phillip Warwick; as also upon the Answers of Elizabeth Clerke, Francis Skinner, and the other Respondents abovementioned, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Earl of Exeter and William Earl of Devonshire shall be, and is hereby, dismissed this House; and that the Decree and subsequent Order, complained of in the said Petition, shall be, and they are hereby, affirmed.

Advice to His Majesty;

The House was adjourned during Pleasure, and put into a Committee, upon Advice to His Majesty, and Consideration of the Capitulation in One Thousand Six Hundred Seventy-eight, for Regulation of the Troops in The Low Countrys.

The House was resumed.

Capitulation in The Low Countries, for Regulation of the Troops:

And the Earl of Bridgewater reported, "That the Committee are of Opinion, that a Committee should be appointed, to word a Clause, pursuant to the Debate in the Committee."

To which the House agreed.

Committee to draw a Clause concerning it.

Lords Committees appointed by the House, to draw a Clause, upon the Debate in the Committee of the whole House, concerning the Regulation of the Troops in The Low Countreys.

The House was adjourned during Pleasure; and the Lords withdrew, to draw the Clause.

And, after some Time, the House was resumed.

And the Lord Marquis of Halifax reported the Clause, as drawn by the Committee.

Which was read, by the Clerk, as followeth:

Address for English Officers to command Consederate ones of the same Rank, except those of Crowned Heads.

"That, a Capitulation having been made in the Year One Thousand Six Hundred Seventy-eight, by which it was agreed, that the English Commander and Officer, in every Degree, is to command any other Consederate Officer of the same Rank, except those of Crowned Heads, without any Regard to the Date of their respective Commissions; it is the humble Advice of this House, that the same Preference may be still continued to Your Majesty's Officers; the contrary Practice in this last War being (as we conceive) to the Diminution of the Honour that belongeth to the Crown of England, and to the general Dissatisfaction of Your Majesty's Subjects."

And, after Debate,

The Question was put, "Whether to agree with the Committee in this Clause?"

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 Martis, (videlicet,) 13^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.