House of Lords Journal Volume 15: 18 February 1693

DIE Sabbati, 18 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Declarations to Prisoners, for delivering, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for delivering Declarations to Prisoners."

Offices, against buying and selling, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain the Statutes against buying and selling Offices."

Dutchy of Cornwall, to enable Their Majesties to make Grants, &c. of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Their Majesties to make Grants, Leases, and Copies of Offices, Lands, and Hereditaments, Parcel of the Dutchy of Cornwall, or annexed to the same, and for Confirmation of Leases already made."

Decay of Trade in Cities, &c. to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to prevent the Decay of Trade, in Cities, Corporations, and Market Towns."

ORDERED, That this Bill shall be rejected.

Butter and Cheese Bill.

The Lord Cornwallis reported from the Committee, the Bill, intituled, "An Act to prevent Abuses committed by the Traders in Butter and Cheese," as fit to pass, with the Addition of One Proviso.

Which was read Twice, and agreed to.

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent Abuses committed by the Traders in Butter and Cheese."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

To carry down the said Bill; and to acquaint them, that the Lords had passed the said Bill, with One Proviso, to which they desire their Concurrence.

Smith, King's Waterman, discharged from an Arrest.

Upon reading the Petition of Marke Smith, sworn and admitted One of His Majesty's Watermen in Ordinary, the Seventeenth Day of May, One Thousand Six Hundred Eighty-nine, where he always attended, and still continues the said Office, as by a Certificate of the Lord Chamberlain's appears, "That he was charged in Execution, in June last, within the Time of Privilege of Parliament, and now is a Prisoner in The King's Bench Prison, at the Suit of Sir Thomas Fowles and Sir Thomas Rawlinson, formerly Sheriffs of London, which was done by the Procurement of one Abraham New; and praying to be discharged:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Marke Smith shall be, and he is hereby, discharged from the Imprisonment he 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.

E. of Gainsborough versus Count. Dowager of Gainsborough.

The House being this Day moved, "That a Day may be appointed for hearing of the Cause wherein Baptist Earl of Ganesborough is Appellant, and the Countess Dowager of Ganesborough is 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 Monday the Seven and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Maynstone versus Maynstone.

The House being moved, on the Behalf of Penelope Maynstone and others, Respondents to the Appeal of John Maynstone Appellant, "That a Day may be appointed to hear the said Cause:"

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 Wednesday the First Day of March next, at Ten of the Clock in the Forenoon.

Advice to His Majesty.

The Earl of Mulgrave reported from the Committee, the Address of Advice drawn by them, to be presented to His Majesty.

Which was read, as followeth:

Address for the Commander in Chief of the English Forces to be a Subject born in the King's Dominions; for English Officers to command Consederate Ones of the same Rank; for 20,000 Soldiers to remain in England, under the Command of an English Subject; that no Foreigner may be of the Board of Ordnance; not so many Strangers employed in that Office; and against Abuses under Pretence of pressing for the Fleet.

"We, the Lords Spiritual and Temporal in Parliament assembled, conceiving it to be our Duty to Your Majesty and the Kingdom, to offer our Opinion and Advice upon Occasions of Importance, relating to the Public, and especially in this Conjuncture, do humbly lay before Your Majesty, for the present, these following Resolutions of the House, which we conceive are highly necessary to the Safety and Honour of Your Majesty's Person and Government:

"That the Chief Commander of the English Forces, under Your Majesty, shall be a Subject born in Your Majesty's Dominions.

"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.

"That Twenty Thousand English Soldiers should remain in England during the Year One Thousand Six Hundred Ninety-three, and be under the Command of One of Your Majesty's Subjects.

"That no Foreigner shall be of the Board of Ordnance, or Keeper of the Stores in The Tower of London.

"That, for Encouragement of the English, there may not be so many Strangers employed in the Office of the Ordnance.

"There having been many Abuses of late, under the Pretence of pressing Men for the Fleet; it is the humble Advice of this House, that your Majesty will be pleased to give effectual Order, that all those who have committed any Offences of that Kind, or shall commit them for the future, may be immediately cashiered, and prosecuted with the utmost Rigour of Law."

To which the House agreed.

King to be attended, about the Address.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to know of Him, what Time He will be pleased to appoint for this House to wait on Him with their Address.

Lieutenancy of London, State of it to be considered.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at Twelve of the Clock, this House shall take into Consideration the State of the Lieutenancy of the City of London; and that all the Lords be summoned then to attend.

Williams versus Reade.

After hearing the Barons of the Exchequer this Day, in the Case of Walter Williams and Richard Reade, referred to them by Order of the Third Day of January, One Thousand Six Hundred and Ninety, why the said Order was not pursued; and Debate thereupon:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it is hereby referred to the Lords following, to examine what Proceedings there hath been formerly in this House, in relation to this Business; and what Authorities and Precedents can be produced in this Case; and to report to the House: Whose Lordships are to meet, or any Three of them, on Wednesday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

E. of Mulgrave and L. Chandos, Injunction, to prevent a Quarrel.

The Injunction of this House was laid on the Earl of Mulgrave and the Lord Chandos, "That no further Proceedings be had between them, upon some Words that passed."

Which they both declared, in their Places, they would obey.

Stydolfe versus Langhorne.

Whereas this Day was appointed for hearing of the Cause wherein Sygismond Stydolfe is Appellant, and Luke Langhorne and others 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 Thursday next, being the Three and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

Alnage Duty, for transferring to the Custom-house, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for all Persons concerned for and against the Bill, intituled, "An Act for transferring the collecting of the Duty of Alnage to the Custom-house, and for giving a Recompense to the Crown for the same," on Wednesday the Two and Twentieth Day of this Instant February, at Ten of the Clock in the Forenoon.

E. of Monmouth and Bp. of London, Exchange Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging several small Parcels of Land, in the Parish and Manor of Fulham, belonging to the Bishopric of London, and Part of the Bishopric of London, for other Lands of the like Value, to Charles Earl of Monmouth and his Heirs."

ORDERED, That the Consideration hereof be committed to the Lords following:

Their Lordships, or any Three of them; to meet on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet), 20^um " (fn. 1) " diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.