House of Commons Journal Volume 10: 16 April 1689

Martis, 16 die Aprilis; 1° Willielmi et Mariæ.

Prayers.

Cooke's Estate.

MR. Foley reports from the Committee, to whom the Bill to enable Younger Cooke, Esquire, to sell Lands for Payment of his Debts, and make Provision for his younger Children, was referred, That the Committee had thought fit to make several Amendments to the Bill: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout; and a Second time, one by one; and agreed unto by the House.

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

Leave of Absence.

Ordered, That Sir Nicholas Baynton have Leave to go into the Country, for a Fortnight, for his Health.

French Protestants.

Ordered, That the Committee, to whom it is referred to consider of a Way to relieve the French Protestant Ministers, and such others, as are incapable to maintain themselves otherwise than by Charity, who are fled out of France for their Religion, have Power to send for Persons, Papers, and Records.

Duty on Tobacco.

A Petition of divers Planters of Virginia and Maryland, in Behalf of themselves and all the Planters there, complaining of the Burden laid upon Tobacco by the new Impost, by the Act of Parliament in the First Year of King James the Second; and that thereby most of the Planters are impoverished; was read.

Resolved, That the Petition do lie upon the Table; to be considered, when the publick Revenue comes under the Consideration of the House.

Simoniacal Promotions.

Sir Jos. Tredenham reports from the Committee, to whom the Bill, that the Simony of one Person may not prejudice another, was referred, That the Committee had thought fit to make several Amendments to the same: Which he read in his Place; and after delivered the same in at the Clerk's Table: Where the same 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.

Leave of Absence.

Ordered, That Sir John Rowse have Leave to go into the Country, for a Fortnight.

Yarmouth Haven.

A Bill for explaining and making effectual an Act of the First Year of King James the Second, touching the Haven and Pier of Great Yarmouth, was read the Second time.

Ordered, That the Bill be ingrossed.

Buckingham Election.

Colonel Birch reports from the Committee of Privileges and Elections, to whom the Matter of the Election of Burgesses to serve in this present Parliament for the Town of Buckingham was referred, the State of the Fact, as it appeared to the Committee: Which he produced in Writing: Which, being read at the Table, is as followeth:

Upon the Petition of Sir Peter Tyrrell, Baronet, and Rich. Atkins, Esquire, against Sir Rich. Temple and Sir Ralph Verney, touching the Election of Bucks, being heard the * Day of April 1689.

That the Petitioners Counsel insisted upon this Point; Whether there was due Notice given of the Time of the Election; which was the only Point insisted upon in the Petition; and put the Proof thereof to the Sitting Members.

The Counsel for the Sitting Members, in the first place, insisted, That the Petitioners had not intitled themselves, by their Petition, to question the Election, having not thereby so much as alledged, that they were either Electors or Elected, or Candidates for the said Election; and that therefore prayed, that the Petition might be dismissed:

And after some Debate; and the Counsel withdrew; the Committee came to no Resolution upon that particular Point: But called in both Sides; and directed them to proceed on the Point of Notice, in Order to have the whole Matter before them.

That the Counsel on the Behalf of the Sitting Members produced, to prove the said Notice,

John Upston, the Under Bailiff: Who testified, That the Bailiff, having received the Prince's Letter, about Nine or Ten a Clock, on Saturday the Fifth of January, gave him Order to go to the respective Houses of the Twelve Capital Burgesses, (by whom Elections of Members for Parliament had always been made) on Sunday after Evening Prayer, to give them Notice to meet him on Wednesday following, at Ten of the Clock in the Morning, at the Town Hall, to elect Two Burgesses for the Convention; and that they should also meet him the next Morning, being Monday, in the Town Hall: Which Notice, on Sunday, after Prayer, he accordingly gave; and spake with Ten of the said Burgesses themselves at their Houses; and left the like Notice at the other Two Burgesses Houses, viz. with the Wife of Mr. Henry Robinson; and the Servant of Mr. Mason: And that this had been the constant and usual Way of giving Notice for Election to Parliaments in all his Time; having been, ever since the Restoration of King Charles the Second, Under Bailiff there. And being further asked, Whether it was not the Custom to leave Notice in Writing; he declared, that it was always left by Word of Mouth, with themselves, or some of their Family; and not otherwise: And further said; that all the Thirteen did accordingly meet at the Hall on Monday Morning; and also on Wednesday Morning, when the Election was made: And that Twelve of them gave their Voices for Sir Rich. Temple and Sir Ralph Verney.

Hugh Ethersey, Gentleman said, That he has been Bailiff; and made Three Returns of Burgesses to Parliament; and never gave any Notice but by the Under Bailiff, to the Twelve Capital Burgesses and to no other, at their own Houses, by Word of Mouth to themselves, or some of their Families in their Absence: And that this, he knows, has been the constant Manner of giving Notice for Elections for this Forty Years last past: And that the First Claim by the Populacy that ever he heard of, was at the Election of the Parliament that restored King Charles the Second, when he was Bailiff; which was set on Foot by Mr. Ingrosby; and was adjudged against them by that Parliament.

William Atton, Gentleman, That he was heretofore an ancient Capital Burgess for Bucks, and his Father and Grandfather before him; and had been Bailiff of the said Town; and knows, that, for above Forty Years last past, that the constant Manner of giving Notice to Elections of Parliament Men was by the Under Bailiff, by Word of Mouth, to the Twelve Capital Burgesses at their own Houses; and, in their Absence, to some of their Families; and he never knew, nor heard, of Notice given in any other Manner.

Henry Robinson, Gentleman: That the Petitioners produced One Witness, viz.

Henry Robinson: Who said, He is One of the Capital Burgesses; and that his Wife informed him, that the Under Bailiff, on Sunday in the Evening, had left Notice that the Bailiff desired him to meet on Monday Morning, at the Hall; but upon what Account he knew not; nor did she tell him of the Meeting on Wednesday for the Election: And that he met on Monday, with the rest of the Thirteen, at the Town Hall; where the Bailiff told him, that he had ordered the Under Bailiff, the Day before, being Sunday, to give them all Notice, to make the Election of Burgesses, for the Convention, on Wednesday following: And further said, he did not hear the Prince's Letter read; and that, if it was read, it was read before he came to the Hall.

And that he was present at the Election on Wednesday, with the Bailiff and the rest of the Burgesses, and voted for Sir Peter Tyrrell and Mr. Atkins.

Upon the whole Matter, the Committee came to a Resolution: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, is as followeth:

Resolved, That it is the Opinion of this Committee, That Sir Rich. Temple and Sir Ralph Verney were duly chosen Burgesses to serve in this present Parliament for the Town of Bucks.

The said Resolve being read a Second Time;

Resolved, That this House doth agree with the Committee, That Sir Rich. Temple and Sir Ralph Verney were duly chosen Burgesses to serve in this present Parliament for the Town of Bucks.

Commissioners of Great Seal to execute Lord Chancellorship.

An ingrossed Bill, sent down from the Lords, intituled, An Act for enabling Lords Commissioners for the Great Seal to execute the Office of Lord Chancellor, and Lord Keeper of the Great Seal of England, was read the Second time.

Resolved, That the Bill be committed to Mr. Dalben, Sir Robert Sawyer, Sir Robert Clayton, Sir Jos. Tredenham, Mr. Christy, Sir Fra. Russell, Sir Tho. Littleton, Mr. Carter, Sir Wm. Williams, Mr. Palmes, Mr. Leveson Gowre, Mr. Lampton, Marquis Worcester, Sir John Wynn, Lord Sherrard, Sir Rob. Nappier, Mr. Sacheverell, Sir Wm. Cooper, Serjeant Bigland, Mr. Hamden, Sir Ralph Dutton, Colonel Birch, Mr. Montague, Mr. Tho. Foley, Mr. Whitehead, Lord Commissioner Maynard, Mr. Somers, Mr. England, Sir Walter Young, Mr. Gwyn, Mr. Blake, and all the Members that are of the Long Robe: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber.

Advance on Credit of Act for an Aid.

Resolved, That a Committee be appointed to consider why no more Money is advanced upon the Credit of the Act lately passed, for granting a present Aid to their Majesties.

And it is referred to Mr. Levison Gowre, Sir John Thomson, Sir Tho. Dyke, Mr. Buscawen, Lord Falkland, Mr. Ellwell, Mr. Carter, Colonel Birch, Mr. Done, Mr. Jepson, Mr. Lampton, Sir Rich Onslow, Mr. Bickerstaffe, Sir Tho. Pope Blunt, Lord Digby, Sir Jos. Tredenham, Mr. Russel, Sir Cha. Raleigh, Sir Fra. Russell, Sir Wm. Williams, Sir Rob. Clayton, Sir Rich. Middleton, Marquis Winchester, Mr. Gwynn, Sir Roger Twisden, Mr. Finch, Mr. P. Foley, Sir John Cutler, Sir Christopher Musgrave, Marquis Worcester, Sir Hen. Capell, Mr. Johnson, Sir Tho. Mompesson, Mr. Papillion, Mr. Smith, Mr. Howe, Mr. Palmes, Sir Edw. Harley, Mr. Roberts, Mr. Hamden, Mr. Tho. Foley, Mr. Montague, Sir Scroop Howe, Mr. Windham, Mr. Harbord, Mr. H. Herbert, Sir Rob. Davers, Mr. Whitehead: And they are to meet To-morrow in the Afternoon, at Four of the Clock, in the Duchy Chamber; and to make Report to the House with all convenient Speed.

Removing Papists.

A Message from the Lords, by Sir Miles Cooke and Mr. Keck;

Mr. Speaker, We are commanded by the Lords, to acquaint this House, That the Lords desire a present Conference with the House in the Painted Chamber, upon the Subject Matter of the last Conference.

And then the Messengers withdrew.

Resolved, That this House doth agree to a present Conference, with the Lords, as is desired.

And the Messengers being called in again;

Mr. Speaker acquainted them therewith.

Resolved, That the Members that managed the last Conference, do manage this Conference.

Ordered, That Mr. Sacheverell be added to the Managers.

And then the Managers went to the Conference with the Lords: And being returned,

Conference.

Sir Jos. Tredenham reports from the Conference, That the Earl of Rochester managed the Conference, on the Part of the Lords, and said, They desired such Conference, that they might continue a good Correspondence with the Commons: But that they insisted on their own Proviso in the Bill relating to the Queen Dowager; and did not agree to the Clause sent up by this House to them: However, for an Expedient, proposed a new Clause instead of both; viz.

"Provided also, That the Queen Dowager may retain in her Family so many Popish Servants of the King's Subjects, as her Majesty shall think fit, not exceeding the Number of Thirty; so as none of the said Servants be a Priest, Monk, or Frier; any Law or Statute to the contrary notwithstanding."

And a Debate arising upon the said Report;

Resolved, That the Debate be adjourned until Tomorrow Morning.

Leave of Absence.

Ordered, That Mr. Freke the elder, Knight of the Shire for the County of Dorsett, have Leave to go into the Country, for a Fortnight.

Proceedings of late King James in Ireland.

The House being informed, that one Mr. Bazill Purefoy, and Mr. Wm. Dalton, are lately come out of Ireland; and attended at the Door; and could give a further Account relating to the Affairs there;

Resolved, That they be called in.

And they came in accordingly; and gave an Account that King James came into Dublin on Palme Sunday; and that the Lord Powis, and Lord Thomas Howard, and Lord Melford were with him; and several great Men of France; and that they brought great Sums of Money, and Arms and Ammunition; and were marched with great Force towards the North: And also acquainted the House with several other Matters relating to Ireland.

And then they withdrew.

State of the Kingdom in relation to France.

The House then, according to the Order of Yesterday resolved itself into a Committee of the whole House, to take into Consideration the State of the Kingdom in relation to France, and our Alliances abroad.

Mr. Speaker left the Chair.
Mr. Hamden took the Chair of the Committee.
Mr. Speaker resumed the Chair.

Mr. Hamden reports from the Committee of the whole House, That they, having taken the Matters aforesaid into their Consideration, had agreed upon a Resolve, which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, is as followeth;

Resolved, Nemine contradicente, That it is the Opinion of this Committee, That, by Address, upon the present Debate, it be humbly represented to his Majesty, that if he shall think fit to enter into a War against France, the House will give him all such Assistance, in a Parliamentary Way, as shall enable him to support and go through the same.

The said Resolve being read a Second time;

Address as to War with France.

Resolved, That this House doth agree with the Committee, That, by Address, upon the present Debate, it be humbly represented to his Majesty, that, if he shall think fit to enter into a War against France, the House will give him all such Assistance, in a Parliamentary Way, as shall enable him to support and go through the same.

Resolved, That a Committee be appointed to prepare the said Address.

And it is referred unto Mr. Hamden, Sir Rob. Howard Lord Falkland, Sir Christopher Musgrave, Sir Jos.

Tredenham, Sir Hen. Capell, Mr. Garway, Mr. Ellwell, Mr. Finch, Mr. Bickerstaffe, Sir Tho. Littleton, Sir Rich. Temple, Sir Pat. Ward, Sir Hen. Goodrick, Sir Thomas Clarges, Sir Geo. Treby, Colonel Birch, Mr. Harbord, Mr. Smith, Sir John Thomson, Mr. Papillion, Mr. Montague, Mr. Leveson Gowre, Mr. Boscawen, Lord Digby, Mr. Gwyn, Sir Ralph Dutton, or any Five of them, to prepare the said Address: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber; and to present the said Address to the House with all convenient Speed.

Lords Amendments to Address.

A Message from the Lords by Sir Miles Cooke and Mr. Keck;

Mr. Speaker, We are commanded by the Lords to acquaint this House, That they have agreed to the Address sent up from this House, with some Amendments; to which they desire the Concurrence of this House.

And then the Messengers withdrew.

And the said Amendments were read; and are as followeth:

Amendments to the Commons Address, sent up the 15th April, 1689.

The first Paragraph agreed to, with filling the Blank with "Lords Spiritual and Temporal,"

L. 8, instead of "its," read "her."

L. 10, leave out from "Person" to "We," in the 17th L.; and, instead thereof, read, "and her Zeal against Popery having appeared at all Times, and more especially of late, beyond the Contradiction of her most malicious Enemies. It being likewise evident, that her Loyalty hath always been unquestionable; and that the Misfortunes of the last Reign can be attributed to nothing more, than the Endeavours that were used to subvert it."

L. 26. after "Writs," add, "as soon as conveniently may be."

Resolved, That this House doth agree with the Lords in their Amendments to the said Address.

Ordered, That Mr. Done do go up to the Lords, and acquaint them, that this House doth agree to the said Amendments.

Supply Bill; Poll Tax.

Resolved, That this House do, To-morrow Morning, at Ten of the Clock, resolve itself into a Committee of the whole House, to take into Consideration the Bill for a Supply to their Majesties by a Poll.

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