House of Commons Journal Volume 10: 2 January 1690

Jovis, 2 die Januarii;

Primo Gulielmi et Mariæ, Anno Dom. 1689.

Prayers.

Southampton Return amended.

THE House being acquainted, That the Clerk of the Crown attended at the Door, to amend the Return for the Town and County of Southampton;

He was called in; and amended the Return accordingly, by striking out the Name of * Fleming, Esquire, and inserting the Name of Sir Charles Windham.

And thereupon Sir Charles Windham was introduced into the House, according to the usual Custom.

Privilege.

A Complaint being made to the House, That one Aaron Atkins hath arrested, and keeps in Custody, Nicholas Kendall, a Servant of Walter Kendall, Esquire, a Member of this House, in Breach of the Privileges of the House;

Ordered, That it be referred to the Committee of Privileges and Elections, to examine the Matter; and report the same, with their Opinions therein, to the House.

Batson's Estate.

A Bill to enable Wm. Batson, Esquire, to sell Lands in the County of Oxford; and to settle an Estate in the County of Suffolke to the same Uses; was read the Second time.

Resolved, That the Bill be committed to Sir John Barker, Sir John Moreton, Sir John Fowell, Sir Tho. Clarges, Mr. Glemham, Sir Walt. Young, Sir Tho. Littleton, Mr. Rebow, Sir Fra. Guybon, Sir Rob. Rich. Sir Tho. Barnadiston, Mr. Wharton, Sir Wm. Ellis, Sir Cha. Bloys, Mr. Fuller, Mr. Fenwick, Mr. Christy, Mr. Freke, Mr. Etterick, Sir Math. Andrews, Sir Cha. Raleigh, Sir Cha. Windham, Mr. Hunt, Sir John Brownlow, Sir John Guise, Mr. Blowfeild, and all the Members that serve for the County of Suffolke: And they are to meet To-morrow in the Afternoon at Three of the Clock, in the Speaker's Chamber: And they are impowered to send for Persons, Papers, and Records.

Supply Bill; Duty on Coffee.

A Bill for laying a Duty upon Coffee, Tea, and Chocolate, at the Custom-house, was read the First time.

Resolved, That the Bill be read a Second time Tomorrow Morning.

Leave of Absence.

Ordered, That Mr. Sands have Leave to be absent in the Country a Fortnight.

Reversing Walcott's Attainder.

Sir Thomas Littleton reports from the Committee to whom the Bill for annulling the Attainder of Thomas Walcutt, Gentleman, was referred, and to whom the Petition of the Countess of Roscomon was also referred, That they had heard Counsel on both Sides: And that some Dispute arising, which Side should be first heard, it was resolved by the Committee, That the Petitioners Counsel should be first heard, What Reasons they had to give against the passing the Bill, before the Committee could proceed upon the Bill itself.

That the Petitioner's Counsel did insist principally upon a Grant made by King Charles the Second to the Petitioner's late Husband, of the Estate of Captain Tho. Walcott, attainted and executed for High Treason: Which Estate was settled afterwards upon the Petitioner, by her said Husband, as Part of her Jointure: All which was admitted by the Counsel for the Bill; so that neither the said Grant nor Settlement were produced to the Committee.

That the Petitioner's Counsel likewise said something in relation to an Agreement made between the Petitioner, and the Son of the said Captain Walcot; but made no Proof of the same.

That the Petitioner's Counsel urged much, That if there was no illegal Return of Jurors, nor undue Construction of Law, in the Case of Captain Tho. Walcott; that then, the Inducement to the said Bill failing, there would be consequently no Reason for passing the said Bill.

That, in order to prove there was no undue Construction of Law, the Counsel for the Petitioner said, Captain Walcott was indicted for conspiring the Death of the King, which was a plain Species of Treason within the 25 Edw. III^d.

But, being asked for the Indictment they had it not to produce, nor any Copy thereof examined; although Mr. Tanner, who keeps the said Record, was summoned to attend.

That there was no illegal Return of Jurors: The Counsel for the Petitioner produced Mr. Trotman and Mr. Normansell, the Two Secondaries of the Compters.

They both informed the Committee, That the Jury which passed upon Captain Walcott, were taken out of the same Panel with my Lord Russell's Jury.

That Sir Dudley North, then Sheriff, sent him the said Panel, with Orders under his Hand to return the same.

That, being asked, If that was the usual Custom to receive Panels from the High Sheriff with such Directions, they both answered, Formerly the Sheriffs themselves did not intermeddle in the Return of Juries, but left it to their Secondaries; until about Two Years before that time it had been otherwise; and that it began in Bethell and Cornishe's Time.

That, being asked, Whether the Jury that passed upon Walcot were Freeholders, the Names of them being read at the Table; they severally answered, They did not know them to be so: But they said, It had been usual in the City of London to return sufficient Men, without Respect to their Freehold.

That the Counsel for the Bill insisted, That this House being possessed of an ingrossed Bill from the Lords, where the Matter had been already examined, that therefore they were not bound to prove the Inducement to the Bill.

But that they did, however, produce Two Witnesses, Mr. Rutland and Mr. Man: Who both informed the Committee, That they were Two of Mr. Walcott's Jury that passed upon him: And being asked, if they were at that time Freeholders; they both answered in the Negative.

That the Counsel for the Bill said, If the Committee were satisfied with the Petitioner's Reasons against the Bill, they must submit the Matter; only, if the Bill did pass, they saw no Reason why Mr. Walcot's Estate should not be, by Consequence, restored.

So the Counsel withdrew.

And that, after Debate, the Question being put, That the Petitioner's Counsel had given sufficient Reason against passing the Bill;

It passed in the Negative, That they had not.

And that thereupon the Committee proceeded, and passed the Bill without any Amendments.

Resolved, That the Bill be re-committed to the same Committee: And they are to meet this Afternoon.

Restoring Corporations.

Mr. Solicitor General reports from the Committee to whom the Bill for restoring Corporations was referred, That they had agreed upon several Amendments to be made to the Bill, and several Clauses to be added thereunto: 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 a Second time, one by one: And, with some Amendments proposed and agreed upon, and made at the Table accordingly, the same were, upon the Question severally put thereupon, agreed unto by the House.

A Proviso was offered to be made Part of the Bill, That the Bill shall not extend to the Town and Corporation of Nottingham: Which was twice read; and, upon the Question put thereupon, agreed unto by the House.

Another Proviso was offered to be made Part of the Bill, That this Bill shall not extend to the City of Hereford:

And the Question being put, That the said Proviso be read;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

The Clause was read the First time:

And the Question being put, That the Clause be read the Second time;

It passed in the Negative.

Another Proviso was offered, That nothing in the Bill should extend to confirm any Grant or Lease made without Impeachment of Waste of any Lands belonging to the Borough of Malmesbury by Colour or Pretence of any new Charter, granted by King James the Second to the said Borough: Which was twice read; and agreed unto by the House.

Another Proviso was offered to be made Part of the Bill, That nothing in this Bill, other than the Clause touching the not tendering, taking, or subscribing the Oath and Declaration, shall extend to the Corporation of the City of London, or any the Companies thereof; but the same are wholly excepted thereout; any thing to the contrary thereof notwithstanding.

Resolved, That the Clause be read a Second time.

The Clause was read the Second time.

Resolved, That the Clause be made Part of the Bill.

A Clause was offered to be made Part of the Bill, that whereas it is necessary for the sake of publick Justice, and securing the Government for the future, that such open Attempts upon the Constitution, and so notorious Violations of Oaths and Trusts, should not go wholly unpunished, lest hereafter ill Men might be encouraged to the like Guilt, in hopes to come off with Impunity, though they should fail of Success: Be it therefore Enacted, by the Authority aforesaid, That every Mayor, Recorder, Alderman, Steward, Sheriff, Common Councilman, Town Clerk, Magistrate, or Officer, who, without the Consent of the greatest Number of the respective Body Corporate, City, Town, Borough, or Cinque Port, whereof he was a Member previously declared, did take upon him to consent to, or join in any such Surrender, or Instrument purporting such Surrender as aforesaid; or did solicit, procure, prosecute, or did pay or contribute to the Charge of prosecuting any Scire Facias, Quo Warranto, or Information in the Nature of a Quo Warranto, by this Act declared void; shall be, and is hereby declared, adjudged, and enacted, for the Space of * Years, uncapable and disabled to all Intents and Purposes to bear or execute any Office, Employment, or Place of Trust, as a Member of such respective Body Corporate, or in or for such respective City, Town, or Borough, or Cinque Port, whereof or wherein he was a Member of such respective Body Corporate, at, or before the time of the making such Surrender, or Instrument purporting such Surrender, or the suing out or prosecuting such Scire Facias, Quo Warranto, or Instrument in the Nature of a Quo Warranto; any thing in this Act contained, or any other Law, Statute, or any Ordinance, Charter, Custom or Thing, to the contrary in any wise notwithstanding. Which said Clause was twice read.

An Amendment was proposed to be made in the Clause by adding, after the Words, "declared void," these Words, "or did procure any Warrant of the King and Council to be admitted to the Offices of Mayor, Recorder, Steward, Town Clerk, or other Officer, in any Corporation; or was a Regulator, or admitted into any Corporation upon any Regulation made thereof:" And other Amendments were proposed.

Upon which a Debate arose in the House.

And a Motion being made, and the Question being put, That the Debate be adjourned;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Resolved, That Candles be brought in.

And the Question being put, That the said Words be added to the Clause;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Another Amendment was proposed to be made in the Clause, by leaving out, "without the Consent of the greater Number of the respective Body Corporate, City, or Cinque Port, whereof he was a Member previously declared:" Which was, upon the Question put thereupon, agreed unto by the House: And the Amendment made accordingly.

And it being proposed, and the Question being put, That the Blank in the Clause be filled up with "Seven;" it was agreed unto by the House: And the Blank filled up accordingly.

And the Question being put, That the Clause, so amended, be made Part of the Bill;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Another Clause was offered to be made Part of the Bill: Which was twice read; and is as followeth, viz.

"And be it further Enacted, by the Authority aforesaid, That if any Person hereby Enacted and Declared to be incapable and disabled to bear or execute any such Office, Employment, or Place of Trust, as aforesaid, shall, at any time after the, take upon him to bear or execute any such Office, Employment, or Place of Trust, as aforesaid; every such Person shall forfeit the Sum of; to be recovered by any Member or Inhabitant of the respective Body Corporate, City, Town, Borough, or Cinque Port, who shall sue for the same by Action of Debt, Bill, or Plaint, in any of their Majesties Courts of Record at Westminster; wherein no Essoign, Protection, Privilege, or Wager of Law, or more than one Imparlance shall be allowed: And also, upon Verdict found or Judgment given by Confession, or otherwise, in such Action against the Defendant, the said Defendant shall be for ever incapable to bear or execute any Office or Place of Trust whatsoever, within the Kingdom of England, or Dominion of Wales: Provided also, and be it Enacted, That a former Action depending shall be no Plea for the Defendant in any Action to be brought upon this Statute, if such former Action hath depended by the Space of Three Terms: Nor shall a Nonsuit of the Plaintiff, or a Judgment for the Defendant in any former, be a Bar to the Plaintiff in any Action to be brought upon this Statute."

And it being proposed, That the First Blank be filled up with "Twenty-fifth Day of March One thousand Six hundred and Ninety;" and the Second Blank with "Five hundred Pounds," the same were, upon the Question severally put thereupon, agreed unto by the House: And the Blanks filled up accordingly.

Resolved, That the Clause, so amended, be made Part of the Bill.

An Amendment was proposed to be made in the Preamble of the Bill, by adding these Words, "and Town of Berwick upon Tweed:" Which was, upon the Question put thereupon, agreed unto by the House: And the Bill amended accordingly.

Ordered, That the Bill, with the several Clauses and Amendments, be ingrossed.