House of Commons Journal Volume 10: 10 July 1689

Mercurii, 10 die Julii; 1° Gulielmi et Mariæ.

Prayers.

Prohibited French Goods.

A PETITION of Sir Bazill Firebrace was presented to the House, and opened; That in the Beginning of February last, when his Majesty had forbid all Ships going to France, the Petitioner ordered his Factor at Burdeaux, to send what Goods were bought, for his Account, to some Port in Spain, by Spanish Ships; that so the Petitioner might bring home the same in English Shipping, without forfeiting the Bonds which were then taken, that no Ships should go from hence to France: Whereupon the Petitioner's Factors sent Sixty-four Tuns and One Hogshead Claret Wine to Bilboa in Spaine, about the Beginning of April last; which still lie there, upon his Account, for want of Shipping, by reason of his Majesty's long Embargo: Wherefore, for that the Petitioner paid for the said Wine, before any Mention of the present Act for prohibiting French Commodities was made; and prayed the Consideration of the House; and Relief therein.

And the Question being put, That the Petition be read;

It passed in the Negative.

Irish Protestants.

Sir John Guise reports from the Committee to whom it was referred to prepare an Address to be presented to his Majesty, That he would be pleased to appoint a Fund for Credit for such as would lend Money for Relief of the Irish Protestants fled into this Kingdom, That the Committee had prepared an Address accordingly: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and agreed unto by the House; and is as followeth; viz.

WE Your Majesty's most dutiful and loyal Subjects, the Commons in Parliament assembled, humbly represent to your Majesty's Consideration the distressed Condition of the Protestant Nobility and Gentry of Your Majesty's Kingdom of Ireland, whose Estates are seized by the Papists, for their refusing to join with them in the present Rebellion against your Majesty, whereby they are become destitute of all Means to support themselves and their Families.

We therefore make it our humble Petition to Your Majesty, that, until such time that That Kingdom be reduced to Your Majesty's Obedience and Subjection, and they restored to their just Rights and Estates, Your Majesty would be pleased to appoint a Fund for Credit for such as will lend Money for their Relief: And we shall, with all Thankfulness, reimburse what Your Majesty shall advance upon this urgent and charitable Occasion.

Ordered, That the said Address be presented to his Majesty, by such Members of this House, as are of his Majesty's most honourable Privy Council, and by Sir John Guise.

Supply Bill; Coffee, &c.

An ingrossed Bill for laying an additional Custom upon Coffee, Tea, and Chocolate, was read the Third time.

An ingrossed Proviso was offered, as a Rider, to be made Part of the Bill: Which was twice read; and was for an Abatement of Ten Pounds per Cent. upon Payment of ready Money for the Custom, and for drawing back the whole Custom upon Exportation again within a Twelve-month;

And the Question being put, That the Proviso be read a Third time;

It passed in the Negative.

An Amendment was proposed to be made to the Bill in Press *, Line *, of leaving out "containing as aforesaid:" And 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 collecting the Duties upon Coffee, Tea, and Chocolate, at the Custom-house.

Ordered, That Sir Matthew Andrews do carry up the Bill to the Lords, for their Concurrence.

Irish Affairs.

Ordered, That the Committee appointed to inquire Who has been the Occasion of the Delays in sending Relief over into Ireland, and particularly to Londonderry, be revived; and do sit To-morrow in the Afternoon: And that Mr. Kendall, Mr. Fenwick, Lord Sherrard, Sir John Wynne, Mr. Blowfield, Mr. Bleake, Mr. Blockland, Mr. Sherrard, Mr. Phil. Gell, Sir Jo. Brownlow, Sir John Barker, Major Vincent, Sir Rich. Hart, Mr. Reynell, Mr. Phil. Foley, Mr. Tho. Foley, be added to the said Committee.

Supply Bill; Excise.

Mr. Grey reports from the Committee of the whole House, to whom the Bill for an additional Excise was referred, That the Committee had thought fit to make several Amendments, and add several Clauses to the Bill: Which he read in his Place, with the Coherence; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout; and afterwards, several of them, a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

One of the Amendments, Folio 2, Line 12, to fill up the Blank with "Seventeen," being read a Second time;

The Question being put, That the House doth agree with the Committee;

It passed in the Negative.

Another of the Amendments, Folio 3, Line 15, Fill up the Blank with "Five Shillings," being read a Second time;

The Question was put, That the House doth agree with the Committee;

It passed in the Negative.

Resolved, That the said Blank be filled up with "One Shilling and Three-pence."

Another of the Amendments, Folio 4, Line 21, Fill up the Blank with "Four-and-thirty," being read a Second time;

And a Debate arising thereupon, and upon other subsequent Amendments, touching the Measure of Ale and Beer; and also touching the Allowances to be made to Brewers;

Resolved, That some Members do withdraw, and make the same agreeable to the Debate of the House.

And it is referred to Sir John Barker, Sir Fra. Russell, Sir Hen. Capel, Serjeant Wogan, Sir Thom. Lee, Sir Walt. Young, Sir Wm. Williams, Mr. Hawtry, Attorney General, Sir Cha. Blois, Sir Dunc. Colchester, Mr. Grey.

Leave of Absence.

Ordered, That Mr. Eterick have Leave to go into the Country, for Three Weeks.

College of Physicians.

A Message from the Lords, by Sir Miles Cooke and Sir John Francklin;

Mr. Speaker, The Lords have passed a Bill, intituled, An Act for the better governing the College of Physicians in London: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Privilege- Prosecutions for things done by Orders of the House.

The House being informed, That Sir Francis Pemberton and Sir Tho. Jones attended, pursuant to the Order of the House;

Resolved, That they be called in.

And Sir Francis Pemberton being come in; and acquainted, That, in the Case of Jay and Topham, he (when a Judge of the King's Bench) gave Judgment to over-rule a Plea, of the Order of this House, put into the Jurisdiction of that Court; and that the House desired to know the Grounds and Reasons for his so doing;

He acquainted the House, That he knew little of that Case, it was so long since: But said, That in case the Defendant should plead, that he did arrest the Plaintiff by the Order of this House; and should plead that to the Jurisdiction of the Court of King's Bench; he thought (with Submission) he could satisfy the House, that such a Plea ought to be over-ruled and that he took the Law to be so, very clear.

And then withdrew.

Sir Thomas Jones being come in; he was acquainted as before: To which he said, That it was long since That Case was; and he, not knowing what he was to attend upon, could not give an Account thereof: But that, if any such Judgment was, he hoped it was according to Law, as the Matter was pleaded.

And then he withdrew.

And a Debate arising in the House, upon the aforesaid general Assertion of Sir Fran. Pemberton;

Resolved, That he be called in; to answer to, and give his Reasons for the same.

And he came in: And, being acquainted with what the House had ordered, he desired to answer to the Whole together, both as to that, and the particular Case of Jay and Topham.

And then withdrew.

And a Debate arising in the House, Whether he should be called in to answer and give his Reasons immediately;

Resolved, That he be called in; and give his Reasons immediately for That Assertion.

And he being called in; and acquainted with the Resolution of the House; he said, That what he spoke was Quoad hoc, to That Case: However, he gave what (he said) were his present Thoughts and Reasons.

And then withdrew.

And a Debate arising in the House, Whether the Orders and Proceedings of this House being pleaded to the Jurisdiction of the Court of King's Bench; the same ought to be over-ruled;

The Question was put, That the Debate be adjourned;

And it passed in the Negative.

Resolved, That the Orders and Proceedings of this House, being pleaded to the Jurisdiction of the Court of the King's Bench, ought not to be over-ruled.

Ordered, That Sir Francis Pemberton, and Sir Thomas Jones do attend this House on Saturday Morning next; to give the House an Account why they gave Judgment in the King's Bench for over-ruling the Plea of John Topham, at the Suit of John Jay, pleaded to the Jurisdiction of that Court.

Proceedings against Sir W. Williams.

Ordered, That the Record of the Judgment, upon the Information against Sir Wm. Williams, be read To-morrow Morning.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till To-morrow Morning, Eight of the Clock.