Mercurii, 17 die Decembris; 2° Gulielmi et Mariæ.
Prayers.
Lady Cornbury's Non-age.
MR. Price reports from the Committee to whom the
ingrossed Bill from the Lords, intituled, An Act
to give Catharine Lady Cornbury certain Powers to act
as if she was of full Age, was committed, That they had
agreed to the Bill, without any Amendments.
Ordered, That the Bill be read the Third time.
Privilege-Abuse of a Witness for giving Evidence.
A Petition of David Tucker was read; setting forth,
That, upon a Petition of the King's Bench Prisoners for
Debt, a Committee was then appointed by this House, to
take the same into Consideration: Before whom the Petitioner was summoned to give his Testimony: For doing
whereof, he was arrested by Mr. Wm. Briggs, the nominal Marshal for Mr. Farrington, and the said Mr. Farrington, in Action of Fifteen thousand Pounds, securing
him in their Custody, refusing Bail, and, upon the Petitioner's complaining of the said Briggs' Severities to him,
and saying, He was in Hopes the Parliament would take
his Case into their Consideration, if acquainted thereof by
Sir Jonath. Jennings, he the said Mr. Briggs was pleased to
make use of the Words following; viz. "God damn him,
he did not value Sir Jonath. Jennings; for he was as good
a Man as himself; and that they would do what they
pleased with their Prisoners; for the Parliament had nothing
to do with them; and would give his Ears from his Head,
if ever the Abuses, complained of by the Prisoner's Petition, were redressed, or any thing further done therein;
and that he would ruin all the Persons examined before
the said Committee:" And for that the Petitioner is not
anyways indebted to the said Briggs or Farrington, but
such their Prosecution only the Product of their Spleen
and Malice, and praying the Consideration and Relief
of the House in the Premises.
Ordered, That the Examination and Consideration of
the said Petition be referred to the Committee of Privileges and Elections: who are to sit this Afternoon; and
to report their Opinions therein to the House To-morrow
Morning.
T. Williams' Estate.
Mr. Christie reports from the Committee to whom the
ingrossed Bill from the Lords, intituled, An Act for the
raising Money out of the Estate of Thomas Williams,
Esquire, deceased, by letting Leases, and otherwise, for
the more speedy Payment of his Debts, was committed,
That they had agreed upon several Amendments to be
made to the Bill: Which he had directed him to report
to the House: And which he read in his Place with the
Coherence: And afterwards delivered in at the Clerk's
Table: Where the same were once read throughout;
and are as followeth; viz.
Press 2, Line 36, after "Use," leave out "and;" and
insert, instead thereof, "of the."
Press 6, Line 10, after "in," add "and;" and, Line
17, after "such," leave out "Reversions," and add
"Reservations."
Line 13, after "and," the same Amendment.
Press 7, Line 11, leave out the First "or," and insert
"as."
The said Amendments being read a Second time, one
by one; the same were, upon the Question severally put
thereupon, agreed unto by the House.
Ordered, That the Bill, with the Amendments, be
read the Third time.
Sheafe's Estate.
An ingrossed Bill to enable Thomas Sheafe to sell
Lands for Payment of Debts; and making Provision for
his Wife, according to an Agreement for that Purpose,
was read the Third time.
Resolved, That the Bill do pass; And that the Title be,
An Act to enable Thomas Sheafe to sell Lands for Payment of Debts; and making Provision for his Wife, according to an Agreement for that Purpose.
Ordered, That Mr. Christie do carry the Bill to
the Lords, and desire their Concurrence thereunto.
London Orphans.
A Message from the Lords, by Sir Miles Cooke, and
Sir Adam Ottley;
Mr. Speaker, The Lords have passed a Bill, intituled,
An Act for erecting a Court of Inquiry, in order to the
Relief of the distressed Orphans of the City of London:
To which they desire the Concurrence of this House.
And then the Messengers withdrew.
Dorchester Return amended.
The Clerk of the Crown attended, and amended the
Return for the Borough of Dorchester, by rasing out the
Name of Sir Robert Nappier; and, instead thereof, inserting the Name of Thomas Trenchard, Esquire.
Bernadiston's Estate.
Then the House took into Consideration the Amendments made by the Lords to the Bill, intituled, An Act
for freeing the Estate of Sir Sam. Bernadiston, Baronet,
from several Incumbrances, occasioned by a Judgment
given against him upon an Information in the Court of
King's Bench: Which being read the First time, are as
followeth; viz.
In the Title, for "Bernadiston," read "Bernardiston."
For "Twenty-third," read "Two-and-twentieth."
At the End of the Bill, add the Proviso marked A;
(A) "Provided always, and be it Enacted, by the Authority aforesaid, that all and every the Tenants, of what
Kind or Nature soever, and all Persons holding any Lands
or Tenements, charged or chargeable with, or liable to
any manner of Rents, Fines, Penalties, Amerciaments,
Duties, Issues, or Profits, or any ways Debtors of or to
the said Sir Samuell Bernardiston, upon or from any
Sheriff, Under Sheriff, or other Officer or Person, by virtue of any Writ, Warrant, or Process of Law, legally
made out upon the said Judgment, hath or have levied,
received, or taken, who in Obedience or by reason of
such Writ, Warrant, or Process of Law, hath or have paid
to any Sheriff, Under Sheriff, or other Officer or Person,
since the said Judgment given against the said Sir Sam.
Bernardiston, any such Rents, Fines, Penalties, Amerciaments, Debts, Duties, Issues, or Profits, being then
due and payable, shall be, and are hereby fully and absolutely discharged and indemnified of and from all
further and other Payments, or being for the future at any
time charged or answerable for the said Rents, Fines,
Penalties, Amerciaments, Duties, Debts, Issues, or Profits, so paid or levied as aforesaid, although such Sheriff,
Under-Sheriff, or other Officer or Person, who hath so
levied, had or received the same, hath not accounted for,
paid in, or answered the same to their Majesties, so, or
in such manner as he or they by the Law ought to have
done; any thing herein contained to the contrary in
any-wise notwithstanding."
The said Amendments being read a Second time, one
by one; the same were, upon the Question severally put
thereupon, agreed unto by the House.
Ordered, That Mr. * do carry the Bill to the Lords,
and acquaint them, That this House hath agreed to the
said Amendments.
Prideaux's Claim on Lord Jeffryes.
Mr. Gwyn reports from the Committee to whom the
Bill for charging the Estate of the late Lord Jeffryes, in
Leicestershire, with Fourteen thousand Seven hundred
and Sixty Pounds, and Interest, to Edm. Prideaux,
Esquire, was committed, That they had examined the
Evidence touching the Matters therein alleged: And
thereupon had agreed to the Bill, with several Amendments thereunto; which they had directed him to report
to the House: And which he read in his Place, with the
Coherence; and afterwards delivered in at the Clerk's
Table:
Ordered, That the said Report be further proceeded
upon, and the Counsel heard at the Bar touching the said
Bill (as was formerly directed), upon Saturday Morning
next.
Committee of Privileges.
Ordered, That the Chairman of the Committee of Privileges and Elections do, upon Monday Morning next,
at Nine of the Clock, make Report of such Elections as
have been determined at the said Committee.
Ordered, That the Committee of Elections and Privileges be, after this Day, adjourned until after the Recess.
Punishing Mutiny and Desertion.
Then the House took into Consideration the Amendments, made by the Lords, to the Bill, intituled, An Act
for the punishing Officers and Soldiers, who shall mutiny,
or desert their Majesties Service; and for punishing false
Musters.
And the same were read; and are as followeth; viz.
2 Skin, Line 6, instead of "of," read "or the Officer
commanding;" and leave out "wherein he was first
listed."
5 Skin, Line 35, after "shall" add "knowingly."
6 Skin, Line 5, after "Owner" add "and if such
Officer so offending, shall have no Goods, that then he
shall be sent to the common Gaol, there to remain without Bail or Mainprize for the Space of Six Months."
Skin 6, Line 11, after "shall," add "wilfully."
Press 6, Line 27, after "aforesaid," add "and shall
be thereby utterly disabled to have or hold any Civil or
Military Office or Employment within this Kingdom, or
in their Majesties Service."
10 Skin, Line 11, for "next ensuing," read "One
thousand Six hundred and Ninety."
13 Skin, Line 14, after "Paymaster," add "or Paymasters;" and, for "is," read "are;" after "Officers,"
add "upon the Penalty, that such Paymaster or Paymasters shall forfeit and lose their respective Place or
Places as Paymaster or Paymasters, and be disabled
from holding the same for the future."
22 Line, instead of "is," read "or Paymasters, are."
24 Line, after "he," add "or they."
14 Skin, 18 Line, after "Paymaster," read "or Paymasters."
19 Line, after "is," read "or are."
29 Line, after "Peace," add "not being Officers in
the Army."
At the End of the Bill add Clause A;
Clause A; "And be it further Enacted, by the Authority aforesaid, That this Act shall be construed to
extend to the Islands of Jersey and Guernsey, as to the
Clauses therein for mustering and paying, and the Penalties thereunto belonging."
And the First Amendment being read a Second time;
An Amendment was proposed to be made, in respect
thereof, to that Part of the Bill to which the said Amendment related, by adding, after "Company," these Words,
"in which he last served:"
And the same was, upon the Question put thereupon,
agreed unto.
And the said Amendment, with the said Amendment
made by the House, was thereupon agreed unto by the
House.
And the said Second, Third, and Fourth Amendments,
being severally read a Second time, one by one; the same
were, upon the Question severally put thereupon, agreed
unto by the House.
The said Fifth Amendment, in Skin 6, Line 27, being
read a Second time;
And the Question being put, That the House do agree
with the Lords in the said Amendment;
It passed in the Negative.
And the said other Amendments being read a Second
time, one by one; the same were, upon the Question
severally put thereupon, agreed unto by the House.
The last Amendment, by adding Clause A, being read
a Second time;
An Amendment was proposed to be made in the said
Clause, by leaving out all the Words from the Word
"Guernsey."
And the same was, upon the Question put thereupon,
agreed unto.
And the said Clause, so amended, was, upon the Question put thereupon, agreed unto by the House.
Conference with Lords.
Ordered, That a Conference be desired with the Lords,
upon the Subject Matter of the Amendments to the said Bill.
Ordered, That Sir John Guise do go to the Lords; and
desire the said Conference.
Sir John Guise reports, That the Lords had agreed to
a present Conference in the Painted Chamber.
Ordered, That Sir John Guise, Sir Tho. Clarges, Sir
Christopher Musgrave, Mr. Paul Foley, Mr. Chancellor
of the Exchequer, Mr. Wm. Harbord, Lord Ranelagh,
Colonel Austen, Sir Tho. Littleton, do manage the said
Conference.
And accordingly the Managers went to the said Conference: And being returned:
Sir John Guise reports, That the Managers appointed
for the said Conference had attended the same; and acquainted the Lords with which of the said Amendments
this House had agreed to, and to which of them they disagreed; and with what Amendments the House had
made; and had left the Bill and Amendments with the
Lords.
Earl of Salisbury's Estate.
An ingrossed Bill from the Lords, intituled An Act
for the limiting the Power of James, now Earl of Salisbury,
to cut off the Intail of his Estate, was read the Third time.
And a Clause being offered, That all and every the
Daughters and younger Sons of James, now Earl of Salisbury, shall be paid Interest, at the Rate of Five Pounds
per Cent. for their respective Portions, for their Maintenance, till their Portions shall become due and payable;
such Interest to be raised and paid out of the Rents and
Profits of the Manors and Lands chargeable with the
Portions; the same was once read.
And the Question being put, That the same be read
a Second time;
It passed in the Negative.
Resolved, That the Bill, with the Amendments do
pass: And that the Title be agreed unto.
Ordered, That Mr. Dolben do carry the Bill up to the
Lords; and acquaint them, That the House hath agreed
thereunto, with the said Amendments; and desire their
Lordships Concurrence to the said Amendments.
A Message from the Lords, by Sir Miles Cooke and
Sir Adam Ottley;
Serle's Estate.
Mr. Speaker, the Lords have agreed to the Amendments made by this House, to the Bill, intituled, An Act
for selling the Estate of Henry Serle, Esquire, deceased.
Haberdashers Charity.
Also, the Lords have agreed to the Bill intituled An
Act for the settling a Charity, given by Robert Aske,
Esquire, to the Company of Haberdashers of London;
with several Amendments; to which they desire the Concurrence of this House.
And then the Messengers withdrew.
Aulnage Duty.
Ordered, That the Report from the Committee to
whom the Bill for transferring the Duty and Subsidy of
Aulnage, is committed, be made upon Friday Morning
next.
Supply Bill; East India Goods.
An ingrossed Bill for granting to their Majesties certain
Impositions upon all East India Goods, and other Goods
and Merchandize, was read the Third time.
An ingrossed Clause was offered, as a Rider; That from
and after the Twenty-fifth of December 1690, the Officers
of the Receipt of the Exchequer may take for their Fees,
Farthings in the Pound, and no more, for the Money
to be paid for the Use of the Navy and Garisons, arising
by the Two Acts, one for granting an Aid to their Majesties of One million Six hundred Fifty-one thousand
Seven hundred Two Pounds, and Eighteen Shillings;
and one other Act, for doubling the Duty of Excise; or
by this, or any other Act to be made during this
Sessions; was twice read.
And a Motion being made, and the Question being
put, That the Blank be filled up with "Three;"
It passed in the Negative.
And then the Clause being withdrawn;
Resolved, That the Bill do pass: And that the Title be,
An Act for granting to their Majesties certain Impositions
upon all East India Goods and Manufactures, and upon
all Wrought Silks, and several other Goods and Merchandize, to be imported after the Twenty-fifth Day of
December 1690.
Ordered, That Mr. Solicitor General do carry the
said Bill to the Lords; and desire their Concurrence
thereunto.
Conference on Mutiny Bill.
A Message from the Lords, by Sir Miles Cooke and
Sir Adam Otley;
Mr. Speaker, the Lords desire a present Conference in
the Painted Chamber, upon the Subject Matter of the
last Conference.
And then the Messengers withdrew.
Resolved, That this House doth agree to a present
Conference with the Lords, as they desire.
And the Messengers being called in again; Mr. Speaker
acquainted them therewith.
Ordered, That the Persons who managed the last Conference do manage this Conference.
And accordingly the Managers went to the said Conference: And being returned;
Sir John Guise reports from the Conference, That the
Managers had attended the same: And that the Marquis
of Halifax managed for the Lords; and acquainted them,
that the Lords had agreed to the Amendment made by
this House to the Bill, in respect to the First Amendment
made by their Lordships, with a small Amendment made
by them: But that they insist upon the other Amendments by them made to the Bill; and disagree to the
Amendment made by this House to the Clause A; viz.
As to the Amendment, Press 6, Line 27;
1. Because the Officer cannot incur the Penalty, unless
he commit the Fault wilfully: Which is expressed in the
Bill; so there can be no Surprize.
2. Because no Man can be supposed to be of such Importance as the Bill; which might be eluded, if this was
admitted.
And, as to the Amendment of Clause A, That they
disagree thereto;
Because, if the Bill should extend in its full Latitude
to Jersey and Guernsey, it would be impossible for such
Number of Soldiers as may be thought necessary to be
quartered there; there being so few Publick Houses to
receive them.
And the said several Amendments made by the Lords
being again severally read; the same were, upon the Question severally put thereupon, agreed unto by the House.
Ordered, That Sir John Guise do carry the Bill to the
Lords; and acquaint them, That this House hath agreed
to the Amendments by them made to the said Bill.
Supply Bill; Wine Duties, &c.
An ingrossed Bill for the continuing certain Impositions upon Wine, Vinegar, and Tobacco, was read the
Third time.
An Amendment was proposed, That this Bill might so
be, that Persons might lend unto their Majesties, as well
upon the Security of this, as upon the Two former Acts
made in the Reign of the late King James, from and after
the Sum of Six hundred thousand Pounds shall be fully
paid to the States General.
And the same was, upon the Question put thereupon,
agreed unto by the House; and the Bill amended accordingly.
Then an ingrossed Proviso was offered, as a Rider;
That nothing in the Act shall be construed to obstruct
the Provision made by the Act in the First Year of their
Majesties Reign, for the Payment of Servants of his late
Majesty King Charles, not exceeding, in the Whole, Sixty
thousand Pounds, in such Manner as by the Act is
directed.
And the same being thrice read; the same was, upon
the Question put thereupon, agreed unto by the House.
Resolved, That the Bill do pass: And that the Title be,
An Act for the Continuance of several former Acts, for
laying several Duties upon Wines, Vinegar, and Tobacco.
Ordered, That Mr. Solicitor General do carry the said
Bill to the Lords; and desire their Concurrence thereunto.
Navy and Army Accompts, &c.
The Earl of Ranelagh presented to the House, his
Answer to the Observations made upon his Accompts by
the Committee to whom the Consideration of the Estimates and Accompts relating to the Army, Navy, and
Treasury, were referred. Also,
Mr. Fox presented to the House, his Answer to the
Observations made upon his Accompts by the Committee
to whom the Consideration of the Estimates and Accompts relating to the Army, Navy, and Treasury, were
referred.
Ordered, That the said several Answers be delivered
to the Chairman of the said Committee; to the End the
Committee may peruse and inspect the same.
Ordered, That the Report formerly made, from the
said Committee, be taken into Consideration To-morrow
Morning.
Supply Bill; Low Wines.
Resolved, That this House will, upon Friday Morning
next, at Ten of the Clock, resolve itself into a Committee
of the whole House, to consider of the Bill for laying
several Duties upon low Wines, or Spirits of the first
Extraction.
Commissioners of Accompts.
Resolved, That this House will, upon Friday Morning
next, at Eleven a Clock, resolve itself into a Committee
of the whole House, to consider of the Bill for appointing
and enabling Commissioners to take the Publick Accompts.
Knowles Petition.
Ordered, That Sir Cha. Bloys, Mr. Harley, Sir Jerv.
Elwes, Sir Peter Colliton, Mr. Brockman, Mr. Beddingfeild, Mr. Clerke, Mr. Thornhaugh, Sir Ralph Dutton,
Mr. Cooke, Mr. Henley, Mr. Thomson, Sir Sam. Barnadiston, be added to the Committee to whom the Petition
of Sarah Knowles, is referred.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.