House of Commons Journal Volume 10: 3 December 1690

Mercurii, 3 die Decembris; 2° Gulielmi et Mariæ.

Prayers.

Hildyard's Estate.

MR. Clark reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act to enable Philip Hildyard, Esquire, to sell Lands in Surrey, and to settle Lands in Lincolnshire, in lieu thereof, was committed, That they had agreed to the Bill, without any Amendments.

Baynes' Estate.

Mr. Price reports from the Committee to whom the Bill for vesting several Houses in the City of London, late the Estate of John Baynes, Gentleman, deceased, in Trustees, to be sold for Payment of Debts, was committed, That they had agreed to an Amendment to be made to the Bill: Which they had directed to be reported 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 was twice read; and, upon the Question put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendment, be ingrossed.

Lucy's Estate.

An ingrossed Bill from the Lords, intituled, An Act for securing the Portion of Elizabeth Lucy, and breeding her up a Protestant, and for transferring the Trust for that Purpose, was read the Second Time.

Ordered, That the Bill be read the Third time.

Bernadiston's Estate.

Sir Thomas Littleton reports from the Committee to whom the Bill to free the Estate of Sir Samuel Bernadiston, Baronet, from several Incumbrances occasioned by a Judgment heretofore given against him, upon an Information in the Court of King's Bench at Westminster, was committed, That they had considered of the same; and of the Petition of Sir John Barker; and had agreed upon a Clause, as to him: But that Sir Tho. Bernadiston withdrew his Pretence: And that they had agreed upon several Amendments to be made to the Bill: 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: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

Plantation Servants.

A Petition of divers Merchants, Masters of Ships, Planters, and others, trading to the Foreign Plantations, was read; setting forth, That the Plantations cannot be maintained without a considerable Number of white Servants, as well to keep the Blacks in Awe, as for bearing Arms in case of an Invasion: That divers malicious Persons, after having voluntarily offered themselves to go Servants to the Plantations, and bound themselves to that Purpose, and received Money and Cloaths for their several Voyages, have pretended themselves spirited away, contrary to their Wills; and have caused the Merchants entertaining them to be prosecuted as Trepanners: To prevent which Abuses, the Merchants petitioned King Charles the Second for, and had an Office erected for binding all such Servants, and registering their Consents: And, conceiving, that the Confirmation of, and establishing the said Office by Act of Parliament, will be of great Use and Encouragement to the Plantation Trade, and praying Leave to bring in a Bill, to establish the said Office by Act of Parliament, with such Fees as shall be thought convenient.

Ordered, That Leave be given to bring in a Bill accordingly.

Leave for Members to attend Lords.

Ordered, That Mr. Solicitor General have Leave to attend the Lords, as Counsel, in a Cause between Lee and Daniell.

Ordered, That Sir Cha. Porter and Mr. Finch have Leave to attend the Lords, as Counsel, in a Cause between Hartstong and Lloyd.

Clandestine Marriages.

Mr. Christy reports from the Committee to whom the Bill to prevent Clandestine Marriages, was committed, That they had agreed upon several Amendments to be made to the Bill: 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: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House; except as to Proviso A; "That the Act shall not extend to Quakers, so as an Intention of Marriage between them be published Three several Days in their Assemblies, with Consent of Parents, Guardians, or Tutors, in the Presence of Twelve Witnesses: and so as such Contract be registered in the publick Registry of the Parish where one of the Parties then dwelt, paying the usual Fee."

Which Proviso being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Proviso;

It passed in the Negative.

Also except as to Clause C; "That whereas Mary Wharton, an Infant, who hath by Force been unlawfully taken from her Relations by one James Campbell, and others his Adherents; it enacts, That the Marriage be declared and made void."

Which Clause being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Clause;

It passed in the Negative.

Afterwards a Clause was offered to be made Part of the Bill; "That where a Father shall die, without devising the Custody or Tuition of his Children, and their Estate; that the Grandfather on the Father's Side might do the same; and, if no Grandfather on the Father's, then to him on the Mother's Side; to do the same as the Grantees or Devisees of the Father might or could have done:" Which was once read.

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

The House divided.

The Yeas go forth.

So it passed in the Negative.

Then the Question being put, That the Bill, with the Amendments, be ingrossed;

It passed in the Negative.

Ordered, That Leave be given to bring in a Bill for the annulling and making void a Marriage between Mary Wharton, an Infant, and James Campbell.

Answer to Address.

Mr. Harbord acquainted the House, That he, according to their Order, had presented to his Majesty the Address, That his Majesty would be pleased to give effectual Order for an immediate Embargo to be laid upon all Ships (except such Ships as shall carry Ammunitions and Provisions only to the Plantations, the Complement of Men in such Ships not to exceed Five hundred Men); that there may not be wanting a sufficient Number of able Seamen for the next Year's Fleet: And that his Majesty was pleased to say in Answer, That he had only permitted such Ships to go away, as he thought was absolutely necessary; viz. Two hundred Men to the Barbadoes, One hundred Men to Jamaica, Eighty-five to the East Indies, Two hundred and Five to the Leeward Islands, Five to the Burmudas, Six to Pensilvania, Eighty-eight for the African Trade, and Twenty-nine to Newfoundland: And that there were another Sort of Ships which he permitted to go; viz. some to the Canaryes, and some to Cales; whereof there is no Computation of the Number of Men: But had ordered Security to be taken of their Owners, that they should come back on a certain Day; and had ordered the Convoys to bring them back.

Punishing Mutiny and Desertion.

An ingrossed Bill for punishing Officers or Soldiers, who shall mutiny, or desert their Majesties Service, and for punishing false Musters, was read the Third time.

An Amendment was proposed to be made, by leaving out a Clause in the Bill, in Press 9. and 10. touching the setting the Prices of the Diet of Soldiers; in regard the same was a Tautology; That Matter being provided for in another Part of the Bill.

And the same was, upon the Question put thereupon, agreed unto by the House; and the Bill amended at the Table accordingly.

Resolved, That the Bill do pass: And that the Title be, An Act for punishing Officers and Soldiers, who shall mutiny, or desert their Majesties Service; and for punishing false Musters.

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

Dorchester Election.

Ordered, That the Report from the Committee of Privileges and Elections, touching the Election of Burgesses to serve in this present Parliament for the Borough of Dorchester, be made upon Saturday Morning next.

Prideaux's Claims on Lord Jeffryes.

Ordered, That the Report, and Hearing at the Bar, appointed to be this Day, touching the Bill for charging the Estate of the late Lord Jeffreys, in Leicestershire, with Fourteen thousand Seven hundred Sixty Pounds, and Interest, to Edmund Prideaux, Esquire, be on Tuesday Morning next.

Attainting Persons in Rebellion.

Ordered, That the Bill for attainting the Persons that are, or have been, in Rebellion in England or Ireland, and for confiscating their Estates towards the bearing the Charge of the War, be read a Second time To-morrow Morning at Ten a Clock; and nothing to intervene.

Navy and Army Estimates, &c.

Ordered, That a Report from the Committee to whom the Consideration of the Estimates and Accompts relating to the Army, Navy, and Treasury, was referred, be made To-morrow Morning, next after the reading the lastmentioned Bill.

Supply Bill; East India Goods.

Ordered, That the Bill for granting to their Majesties certain new Impositions, be brought in to the House Tomorrow Morning at Nine a Clock.

Haberdashers Charity.

Ordered, That Sir Samuel Dashwood, Mr. Price, Sir Wm. Pritchard, Mr. Fenwick, Mr. Brewer, Sir Cha. Bloys, be added to the Committee to whom the Bill for the settling a Charity given by Robert Aske, Esquire, to the Company of Haberdashers of London, is referred.

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