House of Commons Journal Volume 10: 20 January 1690

Lunæ, 20 die Januarii; 1° Gulielmi et Mariæ.

Prayers.

Leave of Absence.

ORDERED, That Sir Wm. Stevens have Leave to go to the Isle of Wight for a Month.

Leave for Members to attend Lords.

Ordered, That Mr. Finch have Leave to attend the House of Lords, as Counsel, in a Cause between Rolt and Gore.

Ordered, That Mr. Christy have Leave to attend the Lords in that Cause also.

Coke's Estate.

And ingrossed Bill from the Lords, intituled, An Act to enable the Trustees of * Coke, deceased, to sell Lands for Payment of Debts, and providing a Portion for his Daughter, was read the First time.

Resolved, That the Bill be read a Second time.

Surgeons to administer Medicines.

Ordered, That Leave be given to bring in a Bill, to enable the Surgeons to administer inward Medicines to wounded Persons.

Bateson's Estate.

An ingrossed Bill to enable William Bateson, Esquire, to sell Lands in the County of Oxon, and to purchase and settle other Lands in the County of Suffolk to the same Uses, was read the Third time.

Resolved, That the Bill do pass: And that the Title thereof be, An Act to enable Wm. Bateson, Esquire, to sell Lands in the County of Oxon, and to purchase and settle other Lands in the County of Suffolke, to the same Uses.

Ordered, That Sir Tho. Littleton do carry the Bill to the Lords; and desire their Concurrence thereunto.

Lewknor's Wife's illegitimate Children.

A Petition of John Lewknor, Esquire, That Jane his Wife, for her adulterous Violation of her Marriage Vow, and other debauched Practices, to the Dishonour of her Family, hath been by the Ecclesiastical Court divorced from him: And that in regard, in such her debauched Living, she may have Children, which will inherit his Estate, and thereby bring Desolation to his Family, and praying, That he may have Leave to bring in a Bill to prevent so great a Mischief to him and his Family.

Ordered, That Leave be given to bring in a Bill to illegitimate any Children the Wife of the said John Lewknor hath had, or shall have, during her Elopement from him.

Duke of Norfolke's Payment to Lady Russell.

Sir Jos. Tredenham reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act to discharge the Duke of Norfolke, and the Trustees of Henry late Duke of Norfolke, upon Payment of certain Sums of Money to the Lady Elizabeth Teresa Russell, the Wife of Bartholomew Russell, Esquire, was referred, That they had agreed upon an Amendment to be made to the Bill: Which he read in his Place, with the Coherence; and then delivered the same in at the Clerk's Table: Where the same was twice read, and agreed unto by the House; and is as followeth; viz.

Press 3, Line ult. leave out "Gentleman;" and, instead thereof, insert "Esquire,"

Then the Bill was read the Third time.

Resolved, That the Bill do pass.

Ordered, That Sir Jos. Tredenham do carry the Bill to the Lords; and acquaint them, That this House hath agreed thereunto, with the said Amendment: To which they desire their Lordships Concurrence.

Wolstenholme's Estate.

Ordered, That Leave be given to bring in a Bill to enable John Wolstenholme, Esquire, to sell Lands to pay Debts.

Birmingham School.

Colonel Birch reports from the Committee to whom the Petition of the neighbouring Gentry and principal Inhabitants of the Town of Birmingham, in the County of Warwick, was referred, That they had heard Counsel on both Sides touching the Matter of the Petition; and did not find there was any Cause to bring in a Bill upon the Matter alledged in the said Petition.

Privileges.

Mr. Gray reports from the Committee of Privileges to whom it was referred to examine a Breach of Privilege committed by John Perne against Colonel Birkly, a Member of the House, That they had examined the same accordingly; and had agreed upon a Resolution: Which he read in his Place; and afterwards, delivered the same in at the Clerk's Table: Where the same was read, and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That John Perne is guilty of a Breach of Privilege of this House, in entering upon the Possession of Colonel Birkley.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee, That John Perne is guilty of a Breach of Privilege of this House, in entering upon the Possession of Colonel Berkley.

Ordered, That Mr. John Perne be sent for, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege by him committed, in entering upon the Estate of Colonel Berkley, a Member of this House.

Complaint against Capt: Avery.

The House being informed, that Captain Avery, according to their Order, attended at the Door;

He was called in to the Bar; and the Report of the Committee, upon the Complaint against him, was read to him: Whereupon he was heard, what he had to say in his own Defence touching the same.

And being withdrawn;

Resolved, That it be referred to the same Committee to whom the Matter was formerly referred, to examine the said Matter more fully; and to report the same to the House: And they are impowered to send for Persons, Papers, and Records.

Greenhill's Petition.

A Petition of Thomas Greenhill * * * *.

Oath of Allegiance.

A Bill for the enjoining the taking the Oath of Allegiance by all Persons above Sixteen Years of Age, was read the First time.

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

University Charters.

A Motion being made, and the Question being put, That the Bill for Confirmation of the Charters of the Two Universities, be now read the Second time;

The House divided.

The Noes go forth.

So it passed in the Negative.

A Message from the Lords, by Sir Miles Cooke and Sir James Astry;

Irish Protestants.

Mr. Speaker, The Lords have agreed to the Bill, intituled, An Act for the better Security and Relief of their Majesties Protestant Subjects of Ireland; without any Amendments.

Duke of Norfolke's Payment to Lady Russell.

Also, the Lords have agreed to the Amendment sent up to the Bill, intituled, An Act to discharge the Duke of Norfolke, and the Trustees of Henry late Duke of Norfolke, upon Payment of certain Sums of Money to the Lady Eliz. Teresa Russell, Wife of Bartholomew Russell, Esquire.

Indemnifying Persons acting for their Majesties.

Also, the Lords have agreed to the Bill, intituled, An Act for preventing vexatious Suits against such as acted in order to the bringing-in their Majesties, or for their Service; with Amendments: To which they desire the Concurrence of this House.

Clandestine Marriages.

Also, we are commanded of the Lords to mind you of a Bill, some time since sent down, intituled, An Act disabling Minors to marry without the Consent of their Fathers or Guardians, and for preventing all clandestine Marriages for the future.

And then the Messengers withdrew.

Leave for Member to attend Lords.

Ordered, That Sir Wm. Williams have Leave to attend the House of Lords, as Counsel, in a Cause between the Duke of Southampton and Sir Cæsar Wood, alias Cranmer.

Reversing Armstrong's Attainder.

Mr. Christy reports from the Committee to whom the annulling the Attainder of Sir Tho. Armstrong, was committed; and also to whom it was referred to examine, Who were the Prosecutors and Advisers of the Prosecution of him; and to make further Inquiry, What Losses his Family had sustained by reason of his Attainder; That they had considered of, and examined the Matters to them referred: And that, Information being offered against Sir Robert Sawyer, a Member of the House, as being one of the Prosecutors against Sir Thomas Armstrong; this Committee did not think fit to enter into the Examination of that Matter; but directed, That it be especially reported to the House: And that Sir Thomas Armstrong had an Estate in Ireland of Three hundred Pounds per Annum, which was granted to Sir Edward Scott: And that the Lady Armstrong, and her Daughters, have been ever since kept out of Possession, by reason of the Attainder; the Issues whereof, to this Time, amounts to One thousand Eight hundred Pounds: That there were in Arrears, at the Attainder, Five hundred Pounds: That Colonel Legg received of the Earl of Anglesey One hundred Seven Pounds Ten Shillings, being Money due to Sir Tho. Armstrong: That he received of Colonel Talmash One hundred Seven Pounds Ten Shillings; from Sir Gilbert Gerrard Eightysix Pounds; from Mr. Billington Eighty-six Pounds; and Two hundred Pounds owing by Bond, from Owen Macarty near Laughlin Bridge in Ireland: And that the Houshold Goods, which were seized, were worth Five hundred Pounds: Which, in the Whole, amounts to Three thousand Three hundred and Eighty-seven Pounds: And that there was a Debt of Four thousand Pounds due to Sir Tho. Armstrong from John late Earl of Kingston in Ireland, upon Bond, taken in the Name of Mr. Chetwin, in Trust for Mrs. Catherine Armstrong; which is now desperate. But it is the Opinion of this Committee, That it would have been a good Debt, if it had not been for the Attainder; the same being Money lent by Sir Thomas Armstrong. And that the Committee had agreed upon several Amendments to be made to the Bill: Which Mr. Christy read in his Place, with the Coherence; and acquainted the House, That they had left a Blank for any further Persons Names to be inserted therein as Prosecutors, as the House should determine; and then delivered the said Amendments in at the Clerk's Table: Where the same were once read throughout; and several of them a Second time, one by one; and, upon the Question put thereupon, agreed unto by the House; viz. until they came to the Blank.

Prosecutors of Armstrong.

Ordered, That Sir Rich. Holloway, Sir Francis Withens, the Executors of the late Lord Jeffryes, the Executors of the late Mr. Justice Walcott, Mr. Rich. Graham, and Mr. Phil. Burton, do attend this House on Saturday Morning next; to answer to such Matters as are charged upon them touching the Proceedings against Sir Thomas Armstrong.

Ordered, That Sir Samuell Astry do, at the same time, attend the House with the Records of the Proceedings, both upon the Outlawry and the awarding Execution against Sir Tho. Armstrong.

Then Mrs. Mathews (Sir Tho. Armstrong's Daughter) was called in; and examined, What she knew of the Prosecution against her Father; and, Who were the Prosecutors:

And she naming Sir Robert Sawyer, as one of the Prosecutors; after she had been heard what she had to say;

She withdrew.

And thereupon Sir Robert Sawyer was heard in his Place to what was objected against him.

And then he withdrew.

Whereupon there was a Debate in the House, touching whether his Name should be put into the Bill as one of the Prosecutors.

Resolved, That Sir Robert Sawyer's Name be put into the Bill, as one of the Prosecutors of Sir Thomas Armstrong.

A Motion being made, and the Question being put, That the House be now adjourned;

It passed in the Negative.

A Member expelled.

A Motion being made, and the Question being put, That Sir Robert Sawyer be expelled the House;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Aulnage Duty.

Ordered, That the Hearing of Counsel, touching the Bill for taking away the Duty of Aulnage, be adjourned till Thursday Sevennight.

University Charters.

Ordered, That the reading the Bill for Confirmation of the Charters of the Two Universities, a Second time, and hearing the Counsel thereupon, be adjourned till Thursday next.

Sir Thomas Pilkington's Complaint.

Ordered, That Sir Peter Rich do attend in his Place upon Wednesday next; to answer to the Matter of the Petition of Sir Thomas Pilkington, now Lord Mayor, and others, which he was ordered to do this Day.