House of Commons Journal Volume 10: 17 December 1690

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.