House of Commons Journal Volume 10: 19 December 1692

Lunæ, 19 die Decembris; 4° Gulielmi et Mariæ.

Prayers.

Wake's Estate.

AN ingrossed Bill from the Lords, intituled, An Act to enable William Wake, Gentleman, and William . . . ., Doctor of Divinity, to make Leases for Lives, or Years, within the Manor of Shapwick in the County of Dorsett, was read the First time.

Resolved, That the Bill be read a Second time.

Brown's Will.

A Bill for the more speedy and effectual Execution of the Will of Sir Anthony Brown, deceased, and of a Decree in Chancery thereupon, was read the First time.

Resolved, That the Bill be read a Second time.

Convex Lights.

A Petition of the Company of Spectaclemakers was presented to the House, relating to the Bill for granting a longer Term to the Partners concerned in the Convex Lights.

And the Question being put, That the Petition be read;

It passed in the Negative.

Debtors Relief.

A Petition of the poor Prisoners in the King's Bench, was presented to the House; and read; setting forth, That, by an Act made in the second Year of their now Majesties Reign, intituled, An Act for Relief of poor Prisoners for Debt, the Petitioners, according to the Tenor of the said Act, have served their several Creditors with Summons, and attended the then next general Quarter Sessions for Surry, in order to be discharged; but the Justices of the Peace for the said County would not discharge any Person whom the present Marshal refuses to swear was in his Custody on the Twenty-eighth Day of November 1690, and whom the Clerk of the Papers will not swear, that they stand severally charged in the Book of Entries with One hundred Pounds, and not above, which, by the said Act, as advised, he is not required to do; so that the Petitioners being Prisoners in former Marshals Times, the present Marshal pretends he cannot swear for them, though abiding within the Rules, frequently sent for by him, and made to pay large Fees for Chamber Rent, &c.; and thereby the Petitioners are prevented from receiving any Benefit of the said Act: And praying the Consideration of the House, and Relief in the Premises.

Ordered, That the Consideration of the said Petition be referred to a Committee; and they to report their Opinions therein to the House.

And it is referred unto Mr. Arnold, Sir Tho. Barnadiston, Mr. Bowyer, Major Perry, Mr. Goldwell, Mr. England, Sir Jos. Herne, Mr. Bockenham, Mr. Clark, Mr. Biddulph, Mr. Beddingfeild, Mr. Chadwick, Sir Robert Davers, Sir Phill. Boteler, Mr. Dyott, Mr. Slater, Mr. Gilbert, Mr. Dryden, Mr. White, Mr. Taylor, Mr. Hutchinson, Mr. Gwyn, Mr. Lutterell, Sir John Guise, Mr. Christie, Sir Robert Cotton, Mr. Burdett, Mr. Waller, Mr. Willmot, Mr. Hedger, Mr. Holt, Sir Tho. Roberts, Mr. Blowfeild, Mr. Serjeant Wogan, Sir Math. Ardrewes, Sir Rowland Gwyn, Mr. Boscowen, Mr. Colt, Mr. Brownlow, Mr. Cooke: And they are to meet To-morrow at Four a Clock in the Afternoon, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Lave of Absence.

Ordered, That Sir James Rushout have Leave to go into the Country, for Recovery of his Health.

Ordered, That Sir Nath. Nappier have Leave to go into the Country, his Lady being very ill.

Butter and Cheese Trade.

A Bill to prevent Abuses in Packing and Weighing of Butter and Cheese, was read the First time.

Resolved, That the Bill be read a Second time.

Exporting Copper.

A Motion being made for Leave to bring in a Bill to repeal the Statute which prohibits the Exportation of Copper out of this Kingdom;

Resolved, That a Committee be appointed to inspect and consider of the Statutes which prohibit the Exportation of Copper; and to report their Opinions therein to the House.

And it is referred to Sir Jos. Tredenham, Sir Robert Cotton, Mr. Boscowen, Sir Robert Davers, Sir Tho. Clarges, Sir Joseph Herne, Mr. Neale, Sir Sam. Bernadiston, Colonel Perry, Sir Wilfred Lawson, Sir John Barker, Sir John Dorrell, Sir Ra. Dutton, Mr. Willmot, Mr. Travers, Mr. Waller, Mr. Pendarvis, Mr. Papillion, Lord Ranelagh, Sir Edward Chisnall, Mr. Colt, Sir Tho. Vernon, Sir Chr. Musgrave, Sir Tho. Pope Blount: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Perjury.

Ordered, That a Bill for making Perjury, and Subornation of Perjury, in Capital Cases, to be Felony, without Benefit of Clergy, be read the Second time To-morrow Morning.

East India Trade.

A Bill for preserving, regulating, and establishing the East India Trade, was, according to the Order of the Day, read the Second time.

Resolved, That the Bill be committed to a Committee of the whole House, upon the Debate of the House.

Resolved, That this House will, upon Wednesday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the said Bill.

Convex Lights.

A Petition of the Lord Mayor, Aldermen, and Common Council of the City of London, was presented to the House.

And the same relating to the Bill for granting a further Term of Years to the Partners concerned in the Convex Lights;

Ordered, That the said Petition do lie upon the Table, until the Report from the Committee to whom that Bill was committed, be made.

Free Proceedings in Parliament.

Then the House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill touching free and impartial Proceedings in Parliament.

Mr. Speaker left the Chair.

Sir Edward Hussey took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Edward Hussey reported from the said Committee, That they had made several Amendments to the Bill; which they had directed him to report to the House: Which he read in his Place, with the Coherence; and afterwards delivered the same in at the Clerk's Table: Where they were once read throughout; and afterwards 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.

Convex Lights.

Then Mr. Serjeant Trenchard reported from the Committee to whom the Bill for the granting a longer Term to the Partners concerned in the Convex Lights, was recommitted, in order to the considering the Petition of the Lord Mayor, Aldermen, and Common Council of the City of London, That the Committee had met, and had heard Counsel on both Sides: And that the Counsel for the Petitioners insisted, That the City of London have, ever since the Reign of King Henry the VI^th, had Power to make, and thereby have made, By Laws, and subjected the Citizens to hang out their Lanthorn Lights, and fining those that should disobey the same: And, to prove which, divers Acts of their Common Council, in the Reigns of H. VI. H. VIII. Queen Eliz. and King Charles the First, were produced and read: And that, if this Bill pass, the Citizens have a Power to make Agreements with the Partners of the Convex Lights: and thereby will be discharged from those By Laws, under the Umbrage of an Act of Parliament: And that many Inconveniencies will arise by the Continuation of setting up these Convex Lights, and particularly the Danger of those Servants, who are employed to light and snuff the Lamps, that must have the Liberty of coming into, and going about, the Streets of the City at all Hours of the Night; whereby, with their Ladders, they may have frequent Opportunities of robbing and breaking open the Houses. And the Counsel for the Partners admitted the Power the City have, by their By Laws, to enforce the Inhabitants to set up Candles and Lanthorns; and that the Bill does in no measure infringe that Power, giving only a Liberty of setting up the Convex Lights upon the Patentees contracting with the Inhabitants; and no-ways impowers them to invade the Properties of the City, they not being able to break up any Ground there, without the Leave of the said Corporation: And that the Objection of any Danger to the City, by the Servants employed in the Management of the Lights, has been sufficiently disproved by the Experience of these Five Years past, there not being an Instance of any Robbery, or other Violence, committed by any of the Servants employed by the Patentees; and it is to be hoped, if they were inclinable so to do, the Watch (who are so thick placed about the Streets) would have all imaginable Opportunities of detecting them therein: And that no Contracts whatsoever, made between the Patentees, and any Citizen, for the setting up these Convex Lights, can avoid the Citizens Obedience to the By Laws; but they must, notwithstanding, if the City will oblige them thereto, set up a Candle and Lanthorn: And that the Power in the City to govern their own Citizens does not include a Property to raise any Sum by setting up Lights; but only to impose a Penalty, in case of Disobedience: And it is the Interest of the City, that their By Laws should be observed; not that they should be broken.

And that thereupon, and upon hearing the whole Matter, the Committee came to a Resolution; which they had directed him to report to the House: And which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That the Passing of this Bill will be no Prejudice to the Rights and Liberties of the City of London.

Then the said Petition of the Lord Mayor, Aldermen, and Common Council of the City of London, this Day presented to the House, was read; setting forth, That, by the ancient Customs of the said City, the Petitioners have the sole Power within themselves to make By Laws for the good Government of the City; and thereby, for some Hundred Years, have obliged all the Citizens and Inhabitants thereof to provide Lights for all the Streets; and have punished the Defaulter by Fines, which have been duly paid.

That one Edward Windus, 36 Car. II^di, obtained a Patent for the Use of Glass and Lamps, as useful for Ship Lanthorns, Light-houses, and Mines: Which Patent, both by Provisoes therein, and by Law, is void: That, Windus, having assigned to some Persons, they have presented to the House a Bill for the sole Liberty to set up and use, in all publick Places and Streets, such Lights, by the Name of Convex Lights, for a longer Term than the Letters Patents allow them, exclusive of the Rights of the said City, without their Consent: That such Bill will establish even a Monopoly, and preclude the Petitioners of their ancient Rights and Properties for the sole setting up and regulating all Lights within the said City; which is not only necessary for the Safety of the said City, but will also raise a certain lasting Fund towards the Relief of the crying Orphans: That the Petitioners, upon their Attendance at the Committee, could not be regularly heard in the Premises aforesaid: And praying, That they may be heard at the Bar of this House, in Behalf of the said City, against the said Bill.

Then the said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the Passing the said Bill will be no Prejudice to the Rights and Liberties of the City of London.

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

Then a Motion being made, and the Question put, That the Petitioners be heard at the Bar, against the passing the said Bill;

It passed in the Negative.

Ordered, That the said Bill be not read the Third time before Eleven a Clock.

Woolen Manufacture.

Ordered, That Sir Robert Clayton, Sir Edward Hussey, Sir Robert Davers, be added to the Committee to whom the Bill for the continuing Part of the Act of the First Year of their Majesties Reign, for the better preventing the Exportation of Wool, and encouraging the Woolen Manufacture, is committed.

Committees.

Ordered, That all Committees be revived.

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