House of Lords Journal Volume 15: 17 February 1693

DIE Veneris, 17 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Laycock, Gent. of the Privy Chamber, discharged from an Arrest.

Upon reading the Petition of William Laycocke Esquire; shewing, "That, the Fourteenth Day of June, One Thousand Six Hundred and Ninety, he was sworn and admitted One of the Gentlemen of His Majesty's Privy Chamber in Ordinary, as appears by the Lord Chamberlain's Certificate annexed to his Petition; and that he was arrested, at the Suit of one Robert Winter, and is now Prisoner in The King's Bench Prison, which is contrary to the Privilege of Parliament; and praying to be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Laycock shall be, and is hereby, discharged from the Imprisonment he now lies under in The King's Bench Prison; and this shall be a sufficient Warrant on that Behalf.

To the Marshal or Keeper of The King's Bench Prison, his Deputies and Turnkeys, and every of them.

Birmingham School Pet. dismissed.

The Earl of Stamford reported from the Lords Committees appointed to consider of the Petition of the old Governors of the Free School of Bermingham, and what Precedents they can find of what is desired in the said Petition, "That the Committee do not find any Precedents to the Purpose desired in the Petition:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be dismissed this House.

Berry, Giffard, & al. versus Yate.

Upon reading the Petition of William Berry and Appollina his Wife, William Gifford and Ellen his Wife, Anthony Dowdon and Rebecca his Wife, complaining of a Decree made the Eighteenth Day of July, One Thousand Six Hundred Ninety-two, and a Report and subsequent Orders by the Lords Commissioners of the Great Seal, on the Behalf of Samuel Yate Clerk, and Samuel and Elizabeth his Son and Daughter; and praying the Reversal of the said Decree, Report, and Orders:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Samuel Yate Clerk and Samuel and Elizabeth his Son and Daughter may have a Copy of the said Appeal; and do put in their Answers thereunto, in Writing, on Friday the Four and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Message from H. C. with a Bill.

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

Who brought up a Bill, intituled, "An Act to prevent the Decay of Trade in Cities, Corporations, and Market Towns;" to which the Concurrence of this House is desired.

Fitch versus Fitch.

Upon reading the Petition and Appeal of Dame Anne Fitch, Widow and Administratrix of Sir Thomas Fitch Knight and Baronet, deceased, from several Orders of the High Court of Chancery, made in a Cause wherein the said Dame Anne Fitch was Plaintiff, against John Fitch Esquire, Alice Fitch, John Saunders, Sir Comport Fitch Baronet, Thomas, Anne, Melior, and Christian Fitch, were Defendants; and in another Cause, wherein the said John Fitch was Plaintiff, and the Petitioner and Sir Comport Fitch, Thomas, Melior, and Christian Fitch, were Defendants; and praying "that Part of an Order and Decree made in the said Court may be discharged and set aside:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Fitch, Alice Fitch, John Saunders, Sir Comport Fitch, Thomas, Anne, Melior, and Christian Fitch, may have a Copy of the said Petition; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Thursday the Three and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Dashwood versus Champante; et è contra.

Upon reading the Petition of Sir Robert Dashwood, Sir Samuel Dashwood, John Perry, and Edward Noell Esquires, Executors of George Dashwood Esquire, deceased, in Trust for the Younger Children of the said George Dashwood; as also upon reading the Petition of Sir John Champante Knight:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the Petitioners, upon the Matters alledged in their several Petitions, on Wednesday the Two and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon; and that the Barons of Their Majesties Court of Exchequer do then attend the House.

E. Pembroke, Bill to set aside a Fine, &c.; L. Jeffreys heard against it.

After hearing Counsel this Day, at the Bar, for the Lord Jeffreys, against the Bill, intituled, "An Act to set aside several Amendments and Alterations made in the Records and Writs of a Fine and Two Recoveries in the Grand Sessions held for the County of Glamorgan;" as also Counsel for the Earl of Pembroke Lord Privy Seal, for the Bill:

Judges to give then Opinions upon it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all the Judges shall be heard, to give their Opinions in this Case, on Tuesday the One and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Delays at Quarter Sessions, to prevent, Bill.

Upon reading the Petition of Symon Harcourt Secondary of the Crown-office in the King's Bench, Robert Hrelyard, and the rest of the Clerks of the same Office; praying, "That they may be heard, by their Counsel, at the Committee, before the passing of the Bill, intituled, An Act to prevent the Delay of Proceedings at the Quarter Sessions of the Peace:"

Clerks in the Crown-office to be heard against it.

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

Message from H. C. to return Bayntun's Bill.

A Message was brought from the House of Commons, by Sir Joseph Tredenham and others:

To return the Bill, 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;" and acquainted this House, that they have agreed to the Amendments made by their Lordships to this Bill.

Advice to His Majesty.

The Earl of Mulgrave reported from the Committee appointed to draw an Address of Advice to be presented to His Majesty, "That they have not yet drawn the Address, because they thought the House might add something more to the Heads already agreed on."

Whereupon the House agreed as followeth; (videlicet,)

20,000 English Soldiers to remain in England, under the Command of an Englishman.

"That it be Part of the Advice to His Majesty, That Twenty Thousand English Soldiers shall remain in England the Year next ensuing, and to be under the Command of an Englishman; and to draw something to the Effect of the Debate concerning pressing Men for Land Service; to be added to the Address of Advice."

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) 18^um" (fn. 1) " diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, this 25th Day of March, 1693,

J. Bridgewater.
Stamford.
Craven.
Ric. Petriburg.
Culpeper.