House of Commons Journal Volume 10: 9 February 1692

Martis, 9 die Februarii; 3° Gulielmi et Mariæ.

Prayers.

Cambridge University Charters.

AN ingrossed Bill from the Lords, intituled, An Act for confirming the Charters and Liberties of the University of Cambridge, and the Colleges and Halls therein, was read the Second time.

Resolved, That the Bill be committed to Sir Rob. Sawyer, Mr. Piggott, Mr. Biddolph, Mr. Lewis, Mr. Christie, Sir Tho. Darcy, Mr. Beddingfeild, Mr. Drake, Mr. Dowdeswell, Sir John Wynn, Mr. Hampden, Mr. Harcourt, Mr. Gwyn, Mr. Brewer, Mr. Burdett, Sir Hen. Gosse, Mr. Luttercll, Mr. Bowyer, Mr. How, Mr. Freeman, Mr. Solicitor General, Mr. Bromley, Mr. Tilney, Sir Levinus Bennet, Mr. Dalben, Sir Jervas Elwes, Sir Gilbert Clerk, Mr. Shackerly, Sir Rob. Cotton, Sir John Key, Sir John Knight, Sir Tho. Haslerig, Mr. Smith, Sir John Bolles, Mr. Mountague, Mr. Davenant, Lord Elan, Mr. Nicolas, Mr. Tredenham, Mr. Musgrave, Mr. Goldwell, and all the Members that serve for the County, University, and Town, of Cambridge, and for the University of Oxford: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber.

Vaughan's Estate.

An ingrossed Bill from the Lords, intituled, An Act for the settling certain Messuages, Mills, Lands, and Tenements, in the County of Merioneth, upon certain Trustees, to be sold, or mortgaged, towards the Payment of the Debts of Wm. Vaughan and Jenkin Vaughan, Esquires, deceased, was read the Second time.

Resolved, That the Bill be committed to Sir John Wynn, Mr. Burdett, Mr. Bickerstaffe, Mr. Parry, Mr. Price, Mr. Freeman, Mr. Gwyn, Sir John Key, Sir Car. Price, Sir Jerv. Elwes, Mr. Piggot, Sir Gilbert Clerke, Sir Sam. Bernadiston, Sir Tho. Haslerigg, Sir Tho. Darcy, Mr. Shackerly, Mr. Hawtry, Mr. Holt, Mr. Christie, Mr. Biddolph, Mr. Philipps, Sir Tho. Bernadiston, Sir Rob. Cotton, Mr. Clerke, Sir John Bolles, Mr. Bulkley, Mr. Bromley, Mr. Vaughan, Sir Hugh Owen, Mr. Brereton, Sir Tho. Vernon, Colonel Lewis, Mr. Cope, Mr. Bathurst; and all the Members that serve for North Wales: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Ealdstreet Prebend.

An ingrossed Bill from the Lords, intituled, An Act to enable Henry Halstead to make a Lease for the Improvement of his Prebend of Ealdstreet in the Church of St. Paul in London, was read the Second time.

Resolved, That the Bill be committed to Mr. Greenfeild, Mr. Goldwell, Sir Jervas Elwes, Mr. Robinson, Mr. Shackerly, Sir Tho. Bernadiston, Sir Tho. Darcy, Mr. Brewer, Colonel Perry, Sir Rob. Cotton, Mr. Harcourt, Mr. Lutterell, Mr. Preston, Mr. Piggott, Sir Tho. Middleton, Mr. Davenant, Mr. Hawtry, Colonel Kirby, Mr. Bromley, Sir Edward Chisenall, Mr. Vincent, Sir Edward Abney, Mr. Culliford, Mr. Dyott, Mr. How, Captain Reignolds, and all the Members that serve for the County of Middlesex, and Cities of London and Westminster: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

A Petition of Thomas Moreing was read; setting forth, That by the Bill before this House, to enable Doctor Henry Halstead to make one or more Leases of Agnes le Clere, in the Parish of St. Leonard, Shoreditch, near Old Street, the said Doctor will be impowered to do the Petitioner much Damage: And praying to be heard against the said Bill, before the same do pass.

Ordered, That the Consideration of the said Petition be referred to the Committee to whom the Bill to enable Henry Halstead to make a Lease for the Improvement of his Prebend of Ealdstreet in the Church of St. Paul in London, is committed.

A Message from the Lords, by Sir Miles Cook and Sir John Hoskyns;

Hildyard's Estate.

Mr. Speaker, The Lords have passed a Bill intituled, An Act for the better vesting and settling the Manor of East Horsley, in Surry, in Trustees, to be sold, for Payment . . . . . . of Philip Hildyard, Esquire: To which they desire the Concurrence of this House.

Butchers not to sell live Cattle.

And also a Bill, intituled, An additional Act to prevent Butchers from selling live Cattle: To which they desire the Concurrence of this House.

Duke of Leinster's Nat.

Also they have agreed to the Amendments made by this House to the Bill for naturalizing Maindstart Duke of Leinster in Ireland.

Marquis of Monpovillan's Nat.

Also they have agreed to the Bill for Naturalizing of Armand Nompar de Caumant, Marquis of Monpovillan, with Amendments: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Recovery of Tythes.

Then the House proceeded to take into Consideration the Amendments made by the Lords to the Bill for the more speedy and easy Recovery of small Tythes.

And the same were read; and are as followeth; viz.

1. 4 Skin, Line 7, after "Shillings," add the Clause marked X; viz.

"That no Person who shall make his Complaint to any Justices of the Peace, shall afterwards have any further Remedy in the Ecclesiastical Courts; and that no Persons shall be excommunicated for not obeying the Summons or Sentence of the Ecclesiastical Courts for small Tythes, but upon the Ecclesiastical Judge's Certificate to Two Justices of the Peace: Who are to grant their Warrant to the Constable, or other Officer, to levy the same of the Goods and Chattels of the Offender."

2. Line 12, after "Peace," add "or Ecclesiastical Judge.

3. 5 Skin, Line 8, after "Peace." add "or Ecclesiastical Judge."

4. Line 15, after "Justices," add "or Ecclesiastical Judge."

5. Line 20, after "Peace," add "or Ecclesiastical Judge."

6. Line 6, after "notwithstanding," add the Clause marked A; viz.

"That in case the Justices of the Peace, or Ecclesiastical Judge, shall refuse to receive such reasonable Security; the Party aggrieved may apply himself to the Justices of the Peace at the General Quarter Sessions: Who may take such Security."

7. Line 24, for "Authory," read "Authority."

8. 6 Skin, Line 14, after "Peace," add "or Ecclesiastical Judge."

9. Line 34, after "Peace," add "or Ecclesiastical Judge."

10. 7 Skin, Line 1, after "Peace," add "or Ecclesiastical Judge."

11. Line 17, after "Peer," add "or Peeress."

12. Line 22, before "provided," add the Clause marked B; viz.

"That the Method prescribed for the Recovery of small Tythes, shall be extended to the Recovery of Wages and Dues belonging to Clerks and Sextons."

And the First Amendment to the Clause marked X being thrice read;

The Question was put, That the House do agree with the Lords in the said Amendment.

The House divided.

The Yeas go forth.

So it passed in the Negative.

The Second, Third, Fourth, and Fifth Amendments, being severally read a Second time, were, upon the Question put thereupon, disagreed unto by the House;

The Sixth Amendment being read a Second time;

An Amendment was proposed to be made in Line 1, 2, by leaving out "Ecclesiastical Judge;" and, upon the Question, agreed unto by the House.

Resolved, That the House doth agree with the Lords, in the said Amendment, so amended.

The Seventh Amendment being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

The Eighth, Ninth, and Tenth Amendments, being severally read a Second time, were, upon the Question severally put thereupon, disagreed unto by the House.

The Eleventh Amendment, being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

The Twelfth and last Amendment, being Clause B, was read a Second time.

An Amendment was proposed to be made thereunto, by adding, Line 4, after "Recovery," "Churchwardens Rates;" and was, upon the Question put thereupon, agreed unto by the House.

Resolved, That the House doth agree to the said Amendment, so amended,

Ordered, That Mr. Chancellor of Exchequer, Mr. Clarke, Mr. Christie, Sir Jon. Jennings, Mr. Bowyer, Mr. Maine, Mr. Etterick, Mr. Price, Mr. Solicitor General, Sir Rob. Cotton, Mr. Hutchinson, Mr. Smith, Colonel Titus, Mr. Buscawen, Mr. Ranelagh, Mr. Slater, do prepare Reasons to be offered at a Conference with the Lords, for disagreeing with the Lords in the said Amendments.

Conference desired with Lords.

Resolved, That a Conference be desired with the Lords upon the said Amendments.

Supply Bill; Irish Forfeitures.

Then the House, according to the Order of the Day, proceeded in the further Consideration of the Report of the Amendments from the Committee to the Bill for vesting in their Majesties the forfeited Estates in Ireland, to be applied to the Uses of the War.

And the Residue of the said Amendments being severally read a Second time, some of them were agreed, and others disagreed unto, by the House.

A Clause was offered to be added to the Bill, That the Manor, Lands, Tenements, and Hereditaments whatsoever in Ireland, of John Lord Caron of Duleek, Walter Belew, Esquire, Sir John Fleming, Knight, and Francis Eustall, Esquire, and every of them, and the Manor of Dooth and Proudsfoot in the Barony of Slane, and County of Meath, already granted by their Majesties to Henry Lord Viscount Sidney, one of their Majesties Principal Secretaries of State, or to others, in Trust for him, shall be surrendered unto their Majesties, their Heirs and Successors, by the said Lord Viscount Sidney, his Heirs or Assigns, before the First Day of May in the Year of our Lord 1692: And that it shall and may be lawful to and for their Majesties, their Heirs and Successors within the Space of Six Months after such Surrender made as aforesaid, to grant and assure unto the said Henry Lord Sidney, his Heirs and Assigns, other Lands, Tenements, and Hereditaments, in Ireland, vested or declared forfeited, or to be forfeited by this Act, as shall be equal in yearly Value, Worth, and Purchase, to the Premises so hereby intended to be surrendered; whereby the said Lord Viscount Sidney his Heirs and Assigns, shall and may be fully reprised: Which said Grants and Assurances thereof shall be good and effectual in Law; and the said Lord Sidney, his Heirs and Assigns, shall be capable of accepting thereof.

And the same was twice read; and, with an Amendment made by the House, by filling up the Blanks for the Times therein, was agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, For their Majesties to grant to any Persons, as a Reward for their Service, any of the Lands and Hereditaments vested in their Majesties by virtue of this Act, so as such Lands and Hereditaments do not exceed in Value of the whole Lands, Tenements, and Hereditaments, so vested in their Majesties, to any such Person or Persons, as a Reward for his or their Service.

And the same was twice read.

And the Question being put, That the Blank be filled up with, "Thirty thousand Pounds;"

It passed in the Negative.

Then the Question being put, That the Blank be filled up with "One Third Part of the Whole;"

The same was agreed unto; and the Clause agreed unto by the House, . . be made Part of the Bill.

A Proviso was offered to be added to the Bill, For the Clerk of the Council in Ireland, That he now in Possession shall hold the same.

And the same was twice read; and agreed unto by the House to be made Part of the Bill.

A Clause was offered to be added to the Bill, That it may be lawful for their Majesties to grant to James Duke of Ormond, and his Heirs, any of the Forfeitures made by this Act, or any other Means within, or on, any the Estate or Estates of the said Duke.

And the same was twice read; and agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, That their Majesties may extend such Grace and Favour to Charles Earl of Abercorne, of the Kingdom of Scotland, as to the Honour of Straban in the Kingdom of Ireland, and the Estate of Claudius late Earl of Abercorne, and Baron of Straban, forfeited to their Majesties, as their Majesties shall think fit. And that any Grant to be made by their Majesties to the said Earl, of the same, or any Part thereof, may be good in Law.

And the same was twice read; and agreed unto by the House to be made Part of the Bill.

Supply Bill; Irish Forfeitures.

Another Clause was offered to be added to the Bill, That nothing in this Act shall extend to attaint, or be otherwise prejudicial to, Thomas Fitzmaurice, Esquire, Son and Heir-apparent of Wm. Lord Baron of Kerry and Lixnaw.

And the same was twice read; and agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, That the Office of Usher of the Court of Chancery in Ireland, taken by Tho. Tilson, senior, in the Name of Oliver Grace of Dublin, Gentleman, in Trust for the said Tilson, shall not be forfeited by any Act of the said Oliver Grace, by not taking the Oaths, and subscribing the Declaration, or otherwise; but that the said Tho. Tilson, subscribing and taking the Oaths, may enjoy the said Office.

And the same was twice read; and agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, That the Lands and Tenements of the Persons, comprised within the Benefit of any the Articles and Agreements, shall be charged with the Payment of such Sums as by any the said Articles it is agreed they should be.

And the same was twice read; and agreed to be made Part of the Bill.

Another Clause was offered to be added to the Bill, That no Person should have the Benefit of the Act, who did not take the Oaths, and subscribe the Declaration, mentioned in an Act made in the First Year of their Majesties Reign.

And the same was twice read; and agreed unto by the House to be made Part of the Bill.

Another Clause, on the Behalf of the Bishop of Cloyne, was offered to be added to the Bill.

And the Question being put, That the same be brought up to the Table;

It passed in the Negative.

Another Clause, on the Behalf of * *, was offered to be added to the Bill.

And the Question being put, That the same be brought up to the Table;

It passed in the Negative.

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

Supply Bill; Poll Tax.

Resolved, That this House will, To-morrow Morning at Ten a Clock, resolve itself into Committee of the whole House, to consider further of the Bill for a Quarterly Poll.

Privilege- Petition from a Person in custody.

A Petition of Henry Roberts, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege by him committed against John Backwell, Esquire, a Member of this House, was read; whereby he acknowledged his Offence, and begged Pardon for the same; and prayed to be discharged out of Custody.

Ordered, That the said Henry Roberts be brought to the Bar of this House To-morrow Morning, in order to his Discharge.

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