House of Lords Journal Volume 15: 22 November 1692

DIE Martis, 22 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hoare versus Moulton.

Upon reading the Petition and Appeal of John Hoare, from an Order made by the Lords Commissioners of the Great Seal of England, the Seventeenth Day of December last, on the Behalf of John Moulton; and praying the Reversal and setting aside of the said Order; and that Notice or Service to the Respondent's Clerk in Chancery may be good Service, and Proceedings stayed in the Courts below:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Moulton 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 Sixth Day of December next, at Ten of the Clock in the Forenoon; and that all Proceedings in the Courts below be stayed, and the Service of this Order upon the said John Moulton's Clerk in Chancery shall be good Service.

Sedgwick versus Hitchcock.

Upon reading the Petition of Obadiah Sedgwick; praying, "That Joseph Sedgwick, a material Witness in his Cause, may be examined before a Judge of the King's Bench, or in the Examiners Office in Chancery; and the other Side, George Hitchcock, to have Notice thereof."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joseph Sedgwick shall be examined before the Lord Chief Justice of the Court of King's Bench, in order to have his Testimony made Use of at the Trial, upon the Issues appointed by this House to be tried in the Court of King's Bench; and that George Hitchcock have Notice hereof, in order to his cross-examining the said Joseph Sedgwick at the same Time if he think fit.

E. of Bath, Grenville, & al. versus E. Montagu, for Waiver of Privilege.

The Earl of Stamford reported from the Lords Committees for Privileges, "That their Lordships have considered the Petition of the Right Honourable the Earl of Bathe, Bernard Granville Esquire, and Sir Walter Clarges Baronet, referred to their Lordships; and have heard their Counsel, as also Counsel for the Right Honourable the Earl of Montague; and are of Opinion, that, in this Case, the Earl of Montague hath Privilege of Parliament."

To which the House agreed.

Fitzgerald, Gentleman of the Privy Chamber, released from an Arrest;

The Earl of Stamford reported from the Lords Committees for Privileges, "That their Lordships have considered the Petition of Robert Fitzgerald Esquire; and are of Opinion, that he hath Privilege in this Case, and ought to be discharged from his Imprisonment."

To which the House agreed.

Upon Report from the Lords Committees for Privileges:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Robert Fitzgerald, One of the Gentlemen of His Majesty's Privy Chamber in Ordinary, having been arrested within the Time of Privilege of Parliament, shall be, and he is hereby, discharged and set at Liberty from the Imprisonment he now lies under in The King's Bench, without paying any Fees to the Officers there; and this shall be a sufficient Warrant on that Behalf.

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

and Killegrew;

The Earl of Stamford reported from the Lords Committees for Privileges, "That their Lordships have considered the Petition of William Killegrew Esquire; and are of Opinion, that he hath Privilege in this Case, and ought to be discharged from his Imprisonment."

To which the House agreed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That William Killegrew Esquire, One of the Gentlemen of the Privy Chamber to His Majesty, who was arrested (and is now detained a Prisoner in The King's Bench), within the Time of Privilege of Parliament, in £.200 Action, shall be, and he is hereby, discharged from the Imprisonment he now lies under in The King's Bench, without paying any Fees to the Officers there; and this shall be a sufficient Warrant on that Behalf.

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

Irregularities in the House, Orders to prevent.

The Earl of Stamford reported from the Lords Committees for Privileges (to whom it was referred to consider of Disorders and Irregularities in the House of Peers) several Matters relating thereunto: Which were read, and to which the House agreed, and ORDERED as followeth; (videlicet,)

"1. It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Lord shall be heard by the Speaker, but when he is in his right Place."

"2. That no Person shall be admitted to come into the House, when the King is present, except such Strangers as the Lord Great Chamberlain shall think fit; and the Gentleman Usher and Yeoman Usher shall be punished, if this Order be not strictly observed."

"3. That no Peers Sons be permitted, while the House is sitting, to come further into the House than the Footstep of the Throne, nor before the Archbishops Bench."

"4. That the Table in the House be sunk about Six Inches lower, and the Seat on which the Clerks sit proportionably; and a Place sunk in the Floor for their Feet."

Committee to prepare an Address, in Favour of L. C. Baron Atkyns.

Lords Committees appointed to draw an Address, to be presented to His Majesty, to recommend the Lord Chief Baron Atkyns, now Speaker of the House, to His Majesty's Favour.

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.

Protections.

The House reading the Protections given by several Lords, and the Orders for their Attendance this Day, to give Reasons for their protecting several Persons in the Orders named; some Lords owned the Persons protected to be their Servants.

D. Northumberland asked Pardon for granting them improperly;

And, upon reading the Order for his Grace the Duke of Northumb'land to give his Reasons for protecting several Persons in the Order mentioned; his Grace, being present, said,

"I have struck out those Protections that were entered; and, now I know the Sense of the House, I humbly beg Pardon for my Offence; and I assure your Lordships, I will take Care to prevent the like for the future."

and E. of Lincoln.

Then the like Order was read for the Earl of Lincolne; and he, being present, also asked the Pardon of the House for his Offence; and assured the House, "That, for the future, he would grant no Protections."

ORDERED, That the Clerk do send to the usual Places where Protections are entered, the Names of the Persons struck out of the Protection Book this Day.

Lords not to sit in the Clerk's Seat.

It was moved, by the Lord Marquis of Halifax, "That the Clerks may desire any Lord to remove out of the Clerks Seat."

To which the House agreed.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) 23^um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.