House of Commons Journal Volume 10: 17 January 1693

Martis, 17die Januarii ; 4° Gulielmi et Mariæ.

Prayers.

Supply Bill; Leasing Duchy of Cornwall.

MR. Boscawen presented to the House a Bill for enabling their Majesties to make Grants, Leases, and Copies of Offices, Lands and Hereditaments, Parcel of their Duchy of Cornwall, or annexed to the same; and for Confirmation of Leases and Grants already made. And the same was received.

Pin-makers Trade.

A Bill for the better encouraging the Art of Pinmaking and setting the poor Pin-makers at Work, was read the First time.

Resolved, That the Bill be read a Second time.

Defaulter discharged.

Ordered, That Mr. Bence, in Custody of the Serjeant at Arms, for absenting himself from his Service in this House, be discharged out of Custody, paying his Fees.

Danby's Estate.

An ingrossed Bill for the settling a Jointure on the Wife of Anthony Danby, Esquire, and for making Provision for his Brothers and younger Children, and for Payment of his Debts, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the settling a Jointure on the Wife of Anthony Danby, Esquire, and for making Provision for his Brothers and younger Children, and for Payment of his Debts.

Ordered, That Mr. Bathurst do carry the Bill to the Lords; and desire their Concurrence thereunto.

Leave of Absence.

Ordered, That Mr. Henry Bertie have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

Ordered, That Sir Philip Butler have Leave to go into the Country for a Week, upon extraordinary Occasions.

Special Bails.

An ingrossed Bill for taking Special Bails in the Country, upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for taking Special Bails in the Country, upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster.

Ordered, That Mr. Shackerly do carry the Bill to the Lords; and desire their Concurrence thereunto.

Lotteries.

Mr. Arnold, according to Order, presented to the House a Bill for prohibiting the Use of all Lotteries. And the same was received.

Supply Bill; Excise.

Then the House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the Bill for settling a Fund of Seventy thousand Pounds per Annum, out of the Excise, for paying the Interest of a Million of Money to be raised by voluntary Payments before the Twenty-fourth of June 1693, the Principal paid in to be sunk, and the Persons paying in the same to receive, during their Lives, their respective Proportions of the said Seventy thousand Pounds per Annum, and with the Advantage of Survivorship.

Mr. Speaker left the Chair.
Mr. Attorney General took the Chair of the Committee.
Mr. Speaker resumed the Chair.

Mr. Attorney General reports from the said Committee, That they had gone through the Bill; and made several Amendments; which they had directed him to report to the House.

Ordered, That the said Report be made To-morrow Morning at Ten a Clock.

Essex Election.

A Petition of Sir Eliab Harvey was read; setting forth, That, upon the Death of Hen. Mildmay, Esquire, one of the Knights of the Shire for the County of Essex, the Petitioner and one John Lemot Honywood stood Candidates there; where the Petitioner was duly chosen, and had some Hundreds of other Freeholders that would have voted for him, had not the Sheriff closed the Poll sooner than he ought to have done; and several indirect Practices were used by the High Sheriff, and his Agents; who hath unduly returned the said Mr. Honywood; and praying the Consideration of the House in the Premises.

Ordered, That the Consideration of the said Petition be referred to the Committee of Elections and Privileges: Who are to examine the Matter; and report the same, with their Opinions therein, to the House.

A Message from the Lords by Sir Miles Cooke and Sir Rob. Legard;

Mr. Speaker,

Molyneux's Estate.

The Lords have agreed to the Amendments made by this House to the Bill, intituled, An Act for the rectifying a Mistake in a certain Act of this present Parliament, passed in the Year 1691, intituled, An Act to vest certain Lands of William Molyneux, Gentleman, in Trustees, for raising the Sum of Two thousand Pounds, for paying the Portions to his younger Brother and Sisters, pursuant to a Decree in the Court of Chancery.

Supply Bill; Land Tax.

Also the Lords have agreed to the Bill, intituled, An Act for granting to their Majesties an Aid of Four Shillings in the Pound, for One Year, for carrying on a vigorous War against France, with an Amendment: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

And the said Amendment, being read, is as followeth; viz.

"Provided nevertheless, That all and every the Peers who are to be rated, by virtue of this Act, for their Offices, or Personal Estates, shall be rated by Thomas Earl of Pembroke Lord Privy Seal, George Marquis of Hallifax, Wm. Earl of Devon Lord Steward of the Houshold, Charles Earl of Shrewsbury, Theophilus Earl of Huntingdon, William Earl of Bedford, John Earl of Bridgwater, George Earl of Northampton, John Earl of Clare, Charles Earl of Manchester, John Earl of Mulgrave, Thomas Earl Rivers, Thomas Earl of Stamford, Philip Earl of Chesterfield, Tho. Earl of Thanet, Rob. Earl of Sunderland, Charles Earl of Maclefeild, Daniel Earl of Nottingham, Lawrence Earl of Rochester, Tho. Earl of Fauconberg, Francis Viscount Newport, Henry Viscount Longuevile, Henry Lord Bishop of London, Tho. Lord Bishop of Lincolne, Sidney Lord Godolphin, and John Lord Ashburnham, or any Five of them, and not otherwise; and shall not be subjected to the Imprisonment of his or their Persons; any thing in this Act contained to the contrary in anywise notwithstanding. Provided also, and it is hereby declared, That the several Rates and Taxes to which the Lords and Peers of this Realm shall be liable, by virtue of this Act, shall be received by a Collector to be nominated by the Peers: Which said Collector shall cause the same to be paid in to his Majesty's Receipt of Exchequer at Westminster, upon or before the Twenty-fifth Day of March 1693."

And the Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

Resolved, That a Committee be appointed to prepare Reasons, to be offered at a Conference with the Lords, for disagreeing with their Lordships in the said Amendment: And that the said Committee do immediately withdraw; and prepare the same.

And it is referred to Sir Edw. Seymour, Mr. Solicitor General, Mr. Attorney General, Mr. Gwynn, Mr. Mountague, Sir John Guise, Mr. Finch, Sir Jos. Williamson, Mr. Harley, Mr. Hampden, Sir Jo. Lowther, Sir Ro. Rich, Colonel Titus, Mr. Vice Chamberlain, Colonel Churchill, Sir Richard Temple, Mr. Palmes, Sir Tho. Clarges, Sir Chr. Musgrave, Mr. Smith, Mr. Boyle, Mr. Herbert, Lord Faulkland, to prepare Reasons to be offered at the said Conference.

And they withdrew accordingly.

And being returned;

Sir Thomas Clarges reported from the said Committee, That they had prepared Reasons to be offered at the said Conference; 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 were read; and are as followeth; viz.

"That the Right of granting Supplies to the Crown is in the Commons alone, as an essential Part of their Constitution: And the Limitation of all such Grants as to the Matter, Manner, Measure, and Time, is only in them: Which is so well known to be fundamentally settled in them, that, to give Reasons for it, has been esteemed, by our Ancestors, to be a Weakening of that Right. And the Clause sent down by your Lordships to be added to this Bill is a manifest Violation thereof.

And an Amendment being proposed, to leave out "Violation;" and insert, instead thereof, "Invasion;"

The same was, upon the Question, put thereupon, agreed unto by the House.

And then the said Reasons, so amended, were, upon the Question, put thereupon, agreed unto by the House.

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

Ordered, That Sir Thomas Clarges do go to the Lords; and desire the said Conference.

Defaulter discharged.

Ordered, That Sir Mark Milbank, in Custody of the Serjeant at Arms, for absenting himself from his Service, in this House, be discharged out of Custody, paying his Fees.

East India Trade.

Resolved, That this House will, To-morrow Morning, after the Report of the Bill for settling a Fund of Seventy thousand Pounds per Annum, out of the Excise, resolve itself into a Committee of the whole House, to consider further of the Bill for preserving, regulating, and establishing the East India Trade.

Aulnage Duty.

Resolved, That this House will, upon Thursday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the Bill for transferring the Collection of the Duty of Aulnage to the Custom-house, and giving a Recompence to the Crown for the same.

Privilege of Members in Suits.

A Motion being made, and the Question being put, That the Report from the Committee appointed to consider how the Privileges of the Members of this House, relating to Suits in Law and Equity, might be limited and regulated, be taken into Consideration upon Thursday Morning next, at Eleven a Clock;

It passed in the Negative.

A Motion being made, and the Question being put, That this House will, upon Friday Morning next, at Eleven a Clock, take into Consideration the said Report;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ways and Means.

Resolved, That this House will, upon Saturday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply to be granted to their Majesties, for carrying on a vigorous War against France.

Delays at Quarter Sessions.

Ordered, That Leave be given to bring in a Bill to prevent Delays of Proceedings at the Quarter Sessions of the Peace: And that Sir Joseph Tredenham do prepare and bring in the said Bill.

Holborne, &c. Court of Conscience.

Ordered, That Leave be given to bring in a Bill for erecting a Court of Conscience for Recovery of small Debts under Forty Shillings, within Holborne and Finsbury Divisions, in the County of Middlesex.

Discovering Judgments.

Mr. Waller reported from the Committee to whom the Bill for the better Discovery of Judgments in the Courts at Westminster was committed, That they had made several Amendments to the Bill; 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: Where the same were read.

Ordered, That the said Bill and Amendments be recommitted to the same Committee: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Committees.

Ordered, That all Committees be revived.

Butter and Cheese Trade.

Ordered, That Mr. Brewer and Mr. Waller be added to the Committee to whom the Bill for preventing Abuses in Packing and Weighing of Butter and Cheese, is committed.

Justice in Wales.

Ordered, That Sir Chr. Musgrave and Sir John Knight be added to the Committee to whom the Bill for the better Execution of Justice in the Principality of Wales, is committed.

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