House of Commons Journal Volume 10: 17 December 1691

Jovis, 17 die Decembris; 3° Gulielmi . . Mariæ.

Prayers.

St. Martin's in the Fields new Parish.

SIR Stephen Fox, according to Order, presented to the House a Bill for the making a new Parish in the Out Parts of the Parish of St. Martin's in the Fields, and for settling Two Schools and other Charities erected by Doctor Tennison. And the same was received.

Eyre's Estate.

A Bill to enable the Trustees of Anth. Eyre, Esquire, to sell Lands in the County of Chester for the Payment of his Debts, and for the Settling of Lands in the County of Lincoln, in lieu thereof, was read the First time.

Resolved, That the Bill be read a Second time.

Selling Offices.

Ordered, That Leave be given to bring in a Bill against the Buying and Selling of Offices.

Bankrupts.

A Bill for the better Recovery, and more equal Distribution of Bankrupts Estates, was read the First time.

Resolved, That the Bill be read a Second time.

Trials for Treason.

Mr. Mountague reports from the Committee appointed to prepare Reasons to be offered at a Conference with the Lords, for disagreeing with their Lordships in their Amendments to the Bill for the Regulating of Tryals, in Cases of Treason, That they had prepared the same accordingly; which they had directed him to report to the House: And which he delivered in at the Table: Where the same were twice read, and agreed unto by the House; and are as followeth; viz.

Reason for the First Amendment.

The Course of Impeachments in Parliaments being an Institution necessary for preserving the Government, the Commons cannot consent to admit any thing relating thereunto in general Words; because they may be liable to divers Constructions; and the Proceedings, in such Cases, thereby rendered ineffectual.

Reason for the Second Amendment.

The Clause marked A, added by the Lords, is of a different Nature from the Intent and Purport of the Bill; which is designed to extend no further than to allow the Subject a more equal Way of making their Defence, in Tryals of Treason, and Misprision of Treason; but not to alter the Court, or the Method of constituting it.

Resolved, That a Conference be desired with the Lords upon the Amendments made by their Lordships to the said Bill.

Ordered, That Mr. Mountague do go to the Lords, and desire the said Conference.

Woolen Trade.

A Petition of the Clothiers, Weavers, Clothworkers, and others, employed about the Woolen Manufacture, in the County of Gloucester, was read; setting forth, That the Clothing Trade and Woolen Manufacture is much declined within few Years past, whereby many Families are ruined; which Mischiefs do proceed from the late Alterations made in the Course of their Trade, partly by certain Wool Broggers and Ingrossers of Wool; who, contrary to Law, ingross and buy up the Wool of those that breed it, and send it to London, and afterwards from thence send it down, and sell it into the Petitioners County; and partly also by the Factors at BlackwellHall; who, combining with the said Ingrossers, by their Ways of accompting, and other Artifices, do necessitate the Clothiers to take off the Wool of the Ingrossers; so that the Petitioners can have no Redress elsewhere than in Parliament: And praying, That the House would take this Grievance into their Consideration; and to provide such timely Redress, that the Petitioners Trade may be again restored, by totally suppressing the said Ingrossers and Factors.

Ordered, That Leave be given to bring in a Bill upon the said Petition: And that Sir John Guise do bring in the same.

Leave of Absence.

Ordered, That Sir John Barker have Leave to go into the Country for a Fortnight, his Lady being ill.

Ordered, That Sir Thomas Miller have Leave to go into the Country for a Fortnight, for Recovery of his Health.

Ordered, That Mr. Dore have Leave to go into the Country for a Fortnight, to his Command there.

Ordered, That Richard Newport, Esquire, have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Ordered, That Sir Edw. Seymour have Leave to go into the Country, his Mother being ill.

Ordered, That Mr. Bull have Leave to go into the Country, for Recovery of his Health.

Ordered, That Mr. Robinson have Leave to go into the Country, for Recovery of his Health.

Causes in Chancery.

The House being acquainted, that the Messengers, who did, upon Tuesday last, bring a Message from the Lords, That the Bill, intituled, An Act for the better Reviewing of Causes in Chancery, and other Courts of Equity, might be returned to them, that the same might be signed by the Clerk according to the usual Form, attended for an Answer of the said Message;

Ordered, That the Bill be returned to the Lords.

And the Messengers were called in: And the Bill delivered to them accordingly.

Trials for Treason.

Mr. Mountague reports, That he having, according to their Order, been with the Lords, to desire a Conference with their Lordships upon the Amendments, by them made, to the Bill for regulating of Trials, in Cases of Treason, their Lordships do agree to a present Conference, in the Painted Chamber.

Resolved, That the Members appointed to draw the Reasons to be offered at the Conference, do manage the said Conference.

And the Managers went to the Conference accordingly: And being returned;

Mr. Mountague reported, That they had attended the same; and had given the Lords their Reasons for disagreeing with their Lordships in the said Amendments.

East India Company.

Then the House, according to the Order of the Day, resolved itself into a Committee of the whole . . . . ., to consider further of the Petitions concerning the East India Trade.

Mr. Speaker left the Chair.

Sir John Guise took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir John Guise reports from the said Committee, That the said Committee had come to several Resolutions; which they had directed him to report to the House: And which he delivered in at the Clerk's Table: Where the same were once read throughout; and are as followeth; viz.

Resolved, That it is the Opinion of this Committee, That a Sum not less than One Million Five hundred thousand Pounds, and not exceeding Two Millions, is a Fund necessary to carry on the East India Trade, in a joint Stock.

Resolved, That it is the Opinion of this Committee, That no one Person shall have any Share, in a joint Stock for the East India Trade, exceeding Five thousand Pounds, either in his own Name, or any other in Trust for him.

Resolved, That it is the Opinion of this Committee, That no one Person shall have above One Vote in a Company trading to the East Indies: And that each Person who has Five hundred Pounds Stock therein have One Vote.

Resolved, That it is the Opinion of this Committee, That the Company to trade to the East Indies shall be obliged to export every Year, in their Trade, Goods, being the Growth and Manufacture of this Nation, to the Value of One hundred thousand Pounds, at least.

Resolved, That it is the Opinion of this Committee, That no private Contracts shall be made, but all Goods sold at publick Sales by Inch of Candle, except Saltpetre, for the Use of the Crown.

Resolved, That it is the Opinion of this Committee, That the East India . . . . . be obliged to sell the King, yearly, Saltpetre refined (the Refraction not exceeding Four or Five per Cent. out of One hundred and Twelve Pounds), Five hundred Ton, at the Rate of Thirty Pounds per Ton.

Resolved, That it is the Opinion of this Committee, That no Lot shall be put at any Sales in the East India Company, at one time, exceeding Five hundred Pounds.

Resolved, That it is the Opinion of this Committee, That no Person shall be Governor or Deputy Governor of the Company to trade to the East Indies, who has less Share in the Stock than Two thousand Pounds; or Committee-man, that has less than One thousand Pounds.

Resolved, That it is the Opinion of this Committee, That the Election of Governor, Deputy Governor, and Committee, for the Company to trade to the East Indies, be made every Year.

Resolved, That it is the Opinion of this Committee, That all Dividends be made in Money.

Resolved, That it is the Opinion of this Committee, That no Dividends be made, without leaving a sufficient Fund to pay all Debts, and carry on the Trade.

Resolved, That it is the Opinion of this Committee, That a Valuation of the Stock be made every Five Years by the Accomptant of the Company, upon Oath, to be seen by all such as are concerned therein.

Resolved, That it is the Opinion of this Committee, That no Ships, either with Permission or without, for the future, be allowed to go to the East Indies, except only such as shall be of a Company, or be established by Act of Parliament.

Resolved, That no By Laws shall be binding to the Company, but such as are approved of by a General Court of Adventurers, and are not repugnant to the Laws of the Land.

Resolved, That it is the Opinion of this Committee, That the joint Stock of a Company to trade to the East Indies be for Twenty-one Years, and no longer.

The First of the said Resolutions being read a Second time;

An Amendment was proposed to be made therein, to leave out "One million Five hundred thousand Pounds."

And the Question being put, That the Words "One million Five hundred thousand Pounds" do stand Part of the said Resolution:

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The Second and Third of the said Resolutions being severally read a Second time; the same were, upon the Question severally put thereupon, agreed unto by the House.

The Fourth Resolution being read a Second time;

An Amendment was proposed to be made, by leaving out "One hundred thousand Pounds;" and inserting, instead thereof, "Two hundred thousand Pounds."

And the Question being put, That "One hundred thousand Pounds" do stand Part of the said Resolution;

It passed in the Negative.

Resolved, That "Two hundred thousand Pounds" be inserted into the said Resolution.

Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That the Company to trade to the East Indies shall be obliged to export every Year, in their Trade, Goods being the Growth and Manufacture of this Nation, to the Value of Two hundred thousand Pounds, at least.

The Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Resolutions being severally read a Second time; the same were, upon the Question severally put thereupon, agreed unto by the House.

A Motion being made, and the Question being put, That this House do, To-morrow Morning at Ten a Clock, resolve itself into a Committee of the whole House, to consider further of the said Petitions concerning the East India Trade;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

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

Beckman's, &c. Nat.

Mr. Speaker, The Lords have agreed to the Amendments made by this House to the Bill, intituled, An Act for naturalizing Sir Martin Beckman, and others.

Drax's Estate.

Also, the Lords have passed a Bill, intituled, An Act to vest the Estate late of Henry Drax, Esquire, deceased, in Thom. Shatterden, Gentleman, and others, to enable the said Thom. Shatterden, and others, to whom the Estate is devised, to make a Jointure: To which they desire the Concurrence of this House.

Causes in Chancery.

Also, the Lords have passed a Bill, intituled, An Act for the better Reviewing of Causes in Chancery, and other Courts of Equity: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Defaulter at Call of the House.

Ordered, That Hugh Fortescue, Esquire, a Member of this House, who was ordered to be sent for in Custody of the Serjeant at Arms, for not attending the Service of this House, be admitted into the House; having paid his Fees to the Serjeant.

Punishing Mutiny and Desertion.

Ordered, That the Chairman of the Committee of the whole House, to whom the Bill for paying the Army according to the Musters of effective Men, and for better Paying of Quarters, and likewise for Preventing of false Musters, and for punishing Mutineers and Deserters, . . . . . ., do make his Report thereof upon Saturday Morning next.

Calne, &c. Elections.

Ordered, That the Chairman of the Committee of Privileges and Elections do report the Matter touching the Elections for the Borough of Calne in the County of Wilts, and of Lymington in the County of Southampton, To-morrow Morning, after the Business touching the East India Company is over.

Committees.

Ordered, That all Committees be adjourned.

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