House of Commons Journal Volume 12: 21 April 1698

Jovis, 21 die Aprilis;

Decimo Gulielmi.

Prayers.

Cary's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act for vesting a Moiety of certain Messuages and Lands in Hackney, in the County of Middlesex, in Trustees, for the Benefit of Susanna Cary, Widow and Relict of Nicolas Cary Esquire, deceased, and others, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Mr. Brotherton, Colonel King, Sir Henry Colt, Mr. Baldwyn, Mr. Sloan, Sir Fran. Massam, Mr. Pengelly, Serjeant Wogan, Sir Marm. Wyvell, Mr. Roberts, Mr. Pocklington, Mr. Gery, Sir John Kay, Mr. Methwyn, Mr. Philips, Mr. Machell, Mr. Bertie, Mr. Foley, Sir Edward Norris, Mr. Morgan, Mr. Vincent, Sir William Hustler, Sir William Lowther, Mr. White, Mr. Battiscomb, Mr. Lowther, Sir John Bucknall, Sir John Bolls, Mr. Colt, Mr. Kirkby, Mr. Mountstevens, Lord Pawlett, Mr. Gardner, Mr. Norris, Colonel Courtney, Mr. England, Mr. Coniers, Sir John Fleet, Sir John Parsons, Mr. Guy, Sir Edw. Hungerford, Mr. Granvill, Mr. Haynes, Mr. Manly, Mr. Hoare, Mr. Moore, Mr. Serjeant Bond, Mr. Burrington, Mr. Mawditt, Mr. Fuller, Colonel Perry, Mr. Rudge, Colonel Burrard: And they are to meet this Afternoon, in the Speaker's Chambers, at Five of the Clock.

Earl of Gainsborough's Estate.

The Lord Digby reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for vesting Lands, in Trustees, to be sold, for Payment of the Debts of Wriothesly Baptist late Earl of Gainsborough, deceased, was committed, That they had examined and considered the same; and had directed him to report the same to the House, without any Amendment: And he delivered the same in at the Clerk's Table.

Speaker's Chamber to be locked.

Ordered, That the Serjeant do lock up the Back Doors of the Speaker's Chamber every Morning at Ten a Clock; and bring the Keys, and lay them upon the Table.

Return of Juries at Assizes.

Sir William Hustler reported from the Committee, to whom the Bill for the more easy Return of Juries at the Assizes and Sessions was committed, That they had made some Amendments to the Bill; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, with an Amendment to one of them, agreed unto by the House.

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

Davis' Estate.

An ingrossed Bill, from the Lords, intituled, An Act for vesting certain customary Messuages and Lands, within the Manor of Gillingham, in the County of Dorsett, late the Estate of Thomas Davis Gentleman, deceased, in Trustees, to be sold, for Payment of Debts, was read the First time.

Resolved, That the Bill be read a Second time upon this Day Sevennight.

Relief of Creditors.

An ingrossed Bill to repeal the Act, made the last Session of Parliament, intituled, An Act for Relief of Creditors, by making Composition with their Debtors, in case Two-thirds in Number and Value do agree, was read the Third time.

And several Amendments being severally proposed to be made to the Bill; viz.

Press 1. L. 32. after "which," to insert "before the said Eleventh Day of May;"

Pr. 2. L. 26. before "any," to insert "or before the said Eleventh Day of May shall make;"

Pr. last, L (fn. 1), after "obtained," to insert "and being thereof convicted upon any Indictment or Information;"

The same were, upon the Question severally put thereupon, agreed unto by the House; and the Bill amended at the Table accordingly.

Resolved, That the Bill do pass: And that the Title be, An Act to repeal the Act, made the last Session of Parliament, intituled, An Act for Relief of Creditors, by making Composition with their Debtors, in case Twothirds in Number and Value do agree.

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

Privilege— a person petitions for discharge.

A Petition of Richard Turner, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege committed against Sir Henry Gough, a Member of this House, was presented to the House, and read; by which he acknowleged his Offence; and prayed to be discharged out of Custody.

Ordered, That the said Richard Turner be brought to the Bar, in order to his Discharge.

The said Richard Turner was accordingly brought to the Bar: Where he, upon his Knees, received a Reprimand from Mr. Speaker.

Ordered, That the said Richard Turner be discharged out of Custody, paying his Fees.

Fitz-Harris Estate.

Sir Henry Colt, according to Order, reported from the Committee, to whom the Consideration of the Petition of Sir Henry Fitz-Harris Baronet was referred, the Matter, as it appeared to the said Committee; which they had directed him to report to the House; 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.

That by the Acts of Settlement, and Explanation, for the Kingdom of Ireland, made in the Seventeenth and Eighteenth Years of the Reign of his late Majesty King Charles the Second, there was some Provision made for Sir Edward Fitzharris, the Petitioner's Grandfather; but subject to this Proviso; That if any Person or Persons shall, within the Space of Six Months, next after the Royal Assent to this Bill actually given, allege, before the Lord Lieutenant, or other Chief Governor or Governors of Ireland, and Council there, That the said Sir Edward Fitzharris hath committed any Massacre, Murder, or other such like heinous Crime or Cruelty, upon the Persons of any of his Majesty's good Subjects; and shall prove the same, by such Witnesses, or other Evidence, as the said Lord Lieutenant, or other Chief Governor or Governors, and Council there, shall think good Proof; that then, and in such Case, it shall and may be lawful to and for the said Lord Lieutenant, or other Chief Governor and Governors, and Council there, by Order of the Council, to declare and adjudge him, the said Sir Edward Fitzharris, to be guilty of the Crime or Cruelty, so alleged and proved, as aforesaid; and, upon such Declaration and Judgment, the said Sir Edward Fitzharris, and his Heirs, shall be, and are hereby made, incapable of any Benefit or Advantage in and by this present Act given; or of any Restitution, as aforesaid; but shall remain and be, to all Intents and Purposes, in the same Plight and Condition, as he or they would have been, if the said Sir Edward Fitzharris had not been named in this present Act; any thing herein before contained to the contrary in any wise. . . . .

That it likewise appeared to the Committee, by an Order made by the Lord Lieutenant and Council of Ireland, the 25th of May 1666, in a Cause then depending before them, between Robert Oliver Esquire, Plaintiff, and the said Sir Edward Fitzharris Desendant, in these Words following:

'Whereas the Plaintiff exhibited a Petition, at this Board; therein setting forth, That, in the explanatory and additional Act for the Settlement of this Kingdom, is contained a Proviso, in these Words; "Provided also, That if any Person or Persons shall, within the Space of Six Months, next after the Royal Assent to this Bill actually given, allege, before the Lord Lieutenant, or other Chief Governor or Governors of Ireland, and Council there, That the said Sir Edward Fitzharris hath committed any Massacre, Murder, or other such like heinous Crime or Cruelty, upon the Persons of any of his Majesty's good Subjects; and shall prove the same, by such Witnesses, or other Evidence, as the said Lord Lieutenant, or other Chief Governor or Governors, and Council there, shall think good Proof; that then, and in such Case, it shall and may be lawful to and for the said Lord Lieutenant, or other Chief Governor or Governors, and Council there, by Order of the Council, to declare and adjudge him, the said Sir Edward Fitzharris, to be guilty of the Crime or Cruelty, so alleged and proved, as aforesaid (fn. 1) [and, upon such Declaration and Judgment, the said Sir Edward Fitzharris to be guilty of the Crime or Cruelty, so alleged and proved as aforesaid]; and, upon such Declaration and Judgment, the said Sir Edward Fitzharris, and his Heirs, shall be, and are hereby made, incapable of any Benefit or Advantage in and by this present Act given; or of any Restitution, as aforesaid; but shall remain and be, to all Intents and Purposes, in the same Plight and Condition, as he or they would have been, if the said Sir Edward Fitzharris had not been named in this present Act, any thing herein before contained to the contrary in any wise notwithstanding;" and also setting forth, That the Plaintiff was able to prove the said Sir Edward Fitzharris guilty of such Crimes, as would render him incapable of any Benefit he might or could expect by the said Act; and therefore prayed, That a Day might be appointed for the said Defendant to appear, and make his Defence to the Charge and Proofs the Plaintiff should offer against him:" 'To which Petition the said Defendant was required to make Answer; and accordingly did answer; and the Plaintiff replied; and the Defendant rejoined: And the Cause, being appointed to be heard, was accordingly, this Day, heard in the Presence of both Parties, and their Counsel: And, upon full Hearing thereof, and of such Witnesses and Evidences as were produced before us, we do hereby declare, That no Proof, by Witnesses, or other Evidences, hath been produced before us, whereby we might be induced to declare and adjudge the said Sir Edward Fitzharris to be guilty of any Massacre, Murder, or other such like heinous Crime or Cruelty, committed upon the Persons of any of his Majesty's good Subjects.'

Leave of Absence.

Ordered, That Mr. Gwyn have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Mr. Pocklington have Leave to go into the Country for Ten Days, upon extraordinary Occasions.

Ordered, That Sir Edward Acton have Leave to go into the Country, upon extraordinary Occasions.

Supply Bill; Duty on Coal.

A Bill for granting to his Majesty several Duties upon Coal and Culm was, according to Order, read a Second time.

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

Resolved, That this House will, upon this Day Sevennight, resolve itself into a Committee of the whole House, to consider of the said Bill.

A Motion being made, and the Question being put, That it be an Instruction to the said Committee, That they do take off the Duties laid upon all inland Coal, not water-borne in order to be shipped;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Supply Bill; Poll Tax.

A Bill for granting to his Majesty an Aid, by a Quarterly Poll, for One Year, was, according to Order, read a Second time.

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

Resolved, That this House will, upon To-morrow Sevennight, resolve itself into a Committee of the whole House to consider of the said Bill.

Committees.

Ordered, That all Committees be revived.

Militia Regulation.

Resolved, That this House will, upon Saturday Sevennight, resolve itself into a Committee of the whole House, to consider further of the Bill to regulate and settle the Militia.

And then the House adjourned till Tuesday Morning next, Nine a Clock.