House of Commons Journal Volume 10: 14 November 1692

Lunæ, 14 die Novembris ; 4° Willielmi et Mariæ.

Prayers.

Election Returns.

Mr. Clark, according to Order, presented to the House a Bill for the Preventing of False and Double Returns of Members to serve in Parliament.

And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Call of the House.

Then the House, according to the Order of the Day, was called over: And the Names of such as made Default, were again called over a Second time; and the Absence of several of them excused.

Precedents of Members beyond Sea.

Resolved, That a Committee be appointed to search Precedents, What this House hath done, in Cases where any of their Members have been employed in Foreign Services beyond the Seas, or where any Members have been otherwise absent from the Service of the House; and to report the same to the House.

And it is referred to Mr. Palmes, Major Vincent, Mr. Smith, Sir Chr. Musgrave, Mr. Harley, Mr. Willmott, Sir Edward Seymor, Colonel Titus, Mr. Blowfeild, Mr. Clarke, Sir Tho. Clarges, Mr. Foley, Sir Wm. Wogan, Sir Wm. Whitlock, Sir Robert Henly, Sir Jos. Tredenham, Mr. Serjeant Trenchard, Mr. Gray, Mr. Biddulph, Sir Jervas Elwes, Sir Cha. Raleigh, Mr. Solicitor General, Mr. Attorney General, Mr. Smith, Mr. Christy, Mr. Bowyer, Sir Wm. Strickland, Lord Falkland, Mr. Beddingfeild, Mr. Mountague, Mr. Gwyn, Sir Walter Young, Mr. Hutchins, Sir Peter Colliton, Sir Sam. Barnadiston, Mr. England, Mr. How, Mr. Travers, Mr. Arnold; or any Five of them: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber; and to sit de die in diem.

Defaulters.

Ordered, That the Defaulters be called over, upon Wednesday-sevennight next: And that such of them, as do not then appear, be sent for in Custody of the Serjeant at Arms attending this House.

Aulnage Duty.

Ordered, That Leave be given to bring in a Bill for transferring the Collection of the Duty of Aulnage to the Custom house, and for giving a Recompence to the Crown for the same.

Papers relating to the Descent.

Mr. Papillion, from the Victuallers of the Navy, presented to the House several Papers relating to the Descent: Which he delivered in at the Clerk's Table.

East India Company.

Sir Edward Seymour acquaints the House, That he had a Message from his Majesty, in Answer to the Address of this House the last Session, in relation to the East India Company: The which he delivered in, in Writing, at the Clerk's Table; with several Papers, relating thereunto, which his Majesty had directed should be laid before the House.

And the said Message, being read, is as followeth;

THE House of Commons having presented an Address to the King, to dissolve the present East India Company, according to the Power reserved in their Charter, and to constitute a new one; his Majesty took into Consideration the proper Methods of complying with their Desires, and of securing effectually this advantageous Trade to the Nation.

But his Majesty, upon Examination of the Charter, and consulting with his Judges and learned Counsel, found, That he could not legally dissolve the Company, but upon Three Years Warning; And that, during the Three Years after Warning, the Company must subsist, and might continue to trade: And that, though the King might constitute a new Company, yet he could not impower such new Company to trade, till after three Years; the Crown having expressly covenanted not to grant any such Liberty.

Hereupon his Majesty was very apprehensive of the ill Consequence of giving Warning to the Company, because they would then be less solicitous of promoting the true Interests and Advantage of a Trade, whereof they would not long reap the Fruits; and that no new Company could immediately be admitted to it: So that this very beneficial Trade, which is already so much impaired, might be in Danger of being entirely lost to the Nation.

His Majesty, being very desirous to prevent so great a Mischief, and to gratify the House of Commons in the End, since he could not do it, without great Hazard, in the Manner they proposed, required the East India Company to answer, directly, Whether they would submit to such Regulations as his Majesty should judge proper, and most likely to advance the Trade: And the Company having fully agreed to it, and declared accordingly their Resolution in Writing; his Majesty commanded a Committee of his Privy Council to prepare Regulations: Which they did, and offered them to the Company: But the Company, notwithstanding their Declaration of Submission, rejected almost all the material Particulars.

So that his Majesty, finding that what possibly the House of Commons might have expected, and indeed was necessary to preserve this Trade, could not be perfected by his own Authority alone, and that the Company could not be induced to consent to any such Regulations as might have answered the Intentions of the House of Commons, and that the Concurrence of the Parliament is requisite to make a complete and useful Settlement of this Trade, has directed all the Proceedings in this Matter to be laid before them; and recommends to them the preparing a Bill, in order to pass into an Act of Parliament, as may establish this Trade on such Foundations, as are most likely to preserve and advance it.

Resolved, That the House will, upon Wednesday Morning next, take the Matter relating to the East India Company into farther Consideration.

Privilege-Disfranchising a Member by Carlisle Corporation.

The House being informed, that the Council of the City of Carlisle, had disfranchised Christopher Musgrave, Esquire, a Member of this House, by an Order of the said Council, of the Twenty ninth Day of July last; which Order was delivered in at the Clerk's Table; and there read; and is as followeth; viz.

"The City of Carlisle."

"At the Council held the 29th Day of July, Anno Domini 1692; present the Mayor, and the major Part of the Aldermen, and capital Citizens of the City aforesaid;"

"The Question being put, Whether or no Mr. Christofer Musgrave, a Representative for this City of Carlisle, be disfranchised from his Freedom within the said City;"

"It is answered, Nemine contradicente, That he be disfranchised: And he is hereby accordingly deprived from his Freedom, as aforesaid."

And the Town Clerk of the said City being called in, and at the Bar examined touching the same; and being withdrawn;

Resolved, Nemine contradicente, That the Disfranchising of Christopher Musgrave, Esquire, a Member of this House, by the Mayor, Aldermen, and Citizens of the City of Carlisle, is a Breach of the Privilege of this House.

Whereupon Mr. Musgrave desiring, That only such, as were mostly concerned in the said Matter, might be punished for the said Breach of Privilege; which were John How senior, late Mayor of Carlisle, William Nicholson, Robert Jackson senior, Robert Jackson, junior, Tho. Jackson, and Edward Monckhouse;

Ordered, That the said John How, William Nicholson, Robert Jackson senior, Robert Jackson junior, Tho. Jackson, and Edward Monckhouse, be sent for in Custody of the Serjeant at Arms attending this House, for such their Breach of the Privilege of this House.

Transport Service.

The House being informed, that the Commissioners for Transportation attended at the Door, according to the Order of Saturday last;

They were called in; and acquainted the House, That they had made some Progress in what they were ordered to do; but that the Time was so short, that they could not perfect the same; and humbly prayed a farther Time: And then withdrew.

Ordered, That the Commissioners for Transportation do attend this House upon Wednesday Morning next; and bring with them their Papers relating to the Transport Service for the Descent.

And then the House adjourned till Three of the Clock in the Afternoon.

Post Meridiem.

House attends with Addresses.

THE House met, in order to attend their Majesties with their Addresses.

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