DIE Mercurii, 7 Martii.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Epus. St. Asaph.
|Joh'es Sommers Miles, Ds. Custos Magni Sigilli.
|Ds. Willoughby Er.|
Ds. Berkeley B.
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;
"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."
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
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.