House of Lords Journal Volume 15: 7 March 1694

DIE Mercurii, 7 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Edward Windham and others:

Who brought up a Bill, intituled, "An Act for the making a Bridge over the River Axe, in the County of Somersett;" to which they desire the Concurrence of this House.

Parish of Leverington versus Swayne.

Upon reading the Petition of Robert Swayne; praying longer Time to answer to the Petition of Mr. Attorney General, at the Relation of Henry Pern:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be, and is hereby, rejected.

Capiatur Fine, to take away the Process for, Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee, upon the Bill, intituled, "An Act to take away the Process for the Capiatur Fine in the several Courts at Westm'r," To-morrow, at Twelve of the Clock.

ORDERED, That the Committee shall be revived, to meet on Friday next, at Nine of the Clock, which is appointed to consider of Mrs. Chaplyn's Bill.

Skinner and White versus Gwyllim.

After hearing Counsel upon the Petition and Appeal of John Skinner and Thomas White, from a Decree made in the Court of Chancery, the Nineteenth Day of May last, on the Behalf of Thomas Gwyllim Senior and Thomas Gwyllim Junior; as also upon the Answer of the said Thomas Gwyllim Senior and Thomas Gwyllim Junior put in thereunto:

After due Consideration had of what was offered by Counsel thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Skinner and Thomas White shall be, and is hereby, dismissed this House; and that the Decree of the Court of Chancery therein complained of shall be, and is hereby, affirmed: And it is further ORDERED, That the said John Skinner and Thomas White shall pay, or cause to be paid, unto the said Thomas Gwyllim Senior and Thomas Gwyllim Junior, the Sum of Twenty Pounds, for their Costs sustained in defending the said Appeal in this House.

Report of the Conference on the Mutiny Bill.

The Lord President reported the Conference had Yesterday with the House of Commons, upon the Act for continuing the Act for punishing Officers and Soldiers, who shall mutiny, or desert Their Majesties Service, and for punishing false Musters, and for the Payment of Quarters for One Year longer:

"That they disagree to the Amendments and Proviso made to the Bill, except One Amendment, which is leaving out the Word ["of"]. And they gave Reasons for their Disagreement to their Lordships Amendments; which were read, and are as follow; (videlicet,)

"That, the forcing Men into the Land Service being against Law and the Liberty of the Subject, the Commons are of Opinion, that all Manner of Care ought to be taken to prevent such Practices: And therefore they cannot agree with your Lordships, in the empowering Petty Constables to give Cerrificates of the free Consent of such Persons as are listed; such Officers being usually of mean Condition and mean Capacity, and consequently subject to be too much prevailed upon either by Menaces or Rewards.

"The Tenor of this Bill imports, That nothing but an extraordinary Occasion induced the Commons to submit the Subjects of this Realm to Trials by Martial Law: This Proviso giving a new Judicature to the Privy Council, the Commons conceive it to be unnecessary in the Cases for which it is provided; and that it may prove of dangerous Consequence to the Liberty of the Subject.

"And they do further observe to your Lordships, that this Proviso extends the same Power to the Privy Council of Ireland, though that Kingdom be not named in the Bill, nor in the Act continued by it."

After Debate;

The Question was put, "Whether this House will insist upon their Amendments?"

It was Resolved in the Affirmative.

After Debate, "Whether to agree with the House of Commons, in leaving out the Proviso?"

The House agreed to leave out the same.

Committee to prepare Reasons for the Lords insisting on their Amendments to it.

ORDERED, That the Lords following be appointed to draw Reasons for insisting on the Amendments:

Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) octavum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.