House of Commons Journal Volume 10: 8 May 1689

Mercurii, 8 die Maii; 1° Willielmi et Mariæ.

Prayers.

Privilege.

THIS House being informed, that a Breach of Privilege was committed upon Richard Williams of Cabalva, Esquire, by Thomas Preece of Whitney, Richard Preece of Bentwyne, Roger Williams, and John Probert, of Whitney, in Entering upon his Estate, in Cutting down Timber to the Value of One hundred Pounds and upwards; and that they were going on to cut down more;

Ordered, That the Serjeant at Arms attending this House do summon the said Thomas Preece, Richard Preece, Roger Williams, and John Probert to appear before this House, to answer the said Breach of Privilege.

Leave of Absence.

Ordered, That Sir John Coriton have Leave to go into the Country, for a Month.

Chettle's Estate.

Ordered, That Mr. Chettle have Leave to bring in a Bill to sell some Part of his Estate, to pay his Debts, and make Provision for his Wife and Children.

Leave for Member to attend Lords.

Ordered, That Mr. Finch have Leave to attend at the Bar of the House of Lords, as Counsel in a Cause between Harvey and the Lord Holles.

Soley's Estate.

A Bill for the better Assuring the Manor of Silton, alias Silvington, and divers Messages, Lands, Tenements, and Hereditaments, in Silton, alias Silvington, in the County of Salop, to Joseph Soley, Gentleman, and his Heirs, was read a Second time.

Resolved, That the Bill be committed to Sir Edw. Acton, Mr. Foley, Mr. Weld, Mr. P. Foley, Mr. Gray, Sir Wm. Ellis, Mr. Bromley, Sir Scroop How, Sir James Rushut, Mr. Harbord, Sir Ralph Dutton, Mr. Trenchard, Mr. H. Herbert, Mr. Baldwin, Sir Edw. Ashcough, Sir John Knight, Mr. Phil. Foley, Mr. Dalben, Sir Cha. Raleigh, Mr. Herbert, Mr. Gwyn, Sir Tho. Barnadiston, Mr. Somers, Sir Robert Owen, Mr. Foster, Mr. Tho. Windham, Sir Jos. Tredenham, Captain Chetwin, Mr. Palmes, Mr. Conissby, Mr. Ashe, Mr. Tho. Freke, Mr. Tho. Foley, Mr. Gerrard Napier: And they are to meet on Friday next, at Four of the Clock in the Afternoon, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

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, or Lord Keeper of the Great Seal, with the Amendments, was read the Third time.

An Amendment was proposed to be made to the Bill, by adding, at the End of it, these Words, "This Act to commence from the First Day of May 1689": Which were Thrice read, and agreed to by the House.

Another Amendment was proposed to be made to the Bill, by inserting, after the Word "Realm," L. 71. these Words, "and, Speaker of the House of Commons:" Which were Thrice read, and agreed to by the House.

A Proviso was offered to be added to the Bill, to exclude the Bishop of Durham his Nominating a Clerk of the Peace: And the same was twice read,

And the Question being put, That the same be read the Third time.

It passed with the Negative.

Resolved, That the Bill, so amended, do pass.

Ordered, That Sir Wm. Poultny do carry the Bill up to the Lords; and acquaint them with the Concurrence of this House thereunto, with the said Amendments.

Commissioners for Poll Bill.

Mr. Speaker acquaints the House from his Majesty, That his Majesty was pleased to declare, That he would take the Advice of this House, in naming Commissioners for the Poll Bill; and that he would send a Letter to the Members of the House, for each County to send him into the Treasury Fifteen Names of the Commissioners in the Bill for granting a present Aid to their Majesties, to be joined with such others, as his Majesty should appoint thereout.

Removing Papists.

A Message from the Lords, by Mr. Meredith and Mr. Keck;

Mr. Speaker, The Lords have commanded us to acquaint this House, That they have passed the Bill, intituled, An Act for rectifying a Mistake in an Act, intituled, An Act for removing Papists from the Cities of London and Westminster, without any Amendments.

Exeter Writ.

Ordered, That Mr. Speaker do grant his Warrant to the Clerk of the Crown, to issue out a Writ for the Electing of a Citizen to serve in this present Parliament for the City of Exeter, in the room of Sir Henry Pollexfen; who is now promoted to be Lord Chief Justice of the Court of Common Pleas.

Disarming Papists.

Mr. Hamden reports from the Committee, to whom it was referred to prepare Reasons, to be offered at a Conference with the Lords, Why this House doth not agree with the Lords, in an Amendment by them proposed, in the Bill for the more speedy and effectual Convicting and Disarming of Papists; That the Committee had prepared the same, accordingly; 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 were once read throughout; and afterward, a Second time, one by one; and agreed unto by the House; and are as follow:

1. His Majesty will have no present Benefit by the Seizure of Horses of the Price of Five Pounds or upwards, as was principally intended.

2. All such Horses will be left in Papists or reputed Papists Hands, till the following Sessions, to the apparent Danger of the Government.

3. No Person will be willing to be at the Expence of keeping such Horses until the next Sessions (except the Owner); since no Person is granted, by this Act, to reimburse the Charges.

Conference desired with Lords.

Ordered, That Sir Henry Hobart do go up to the Lords to desire a Conference with their Lordships upon the Matter of the Amendments, by them proposed, to the Bill for the more speedy Convicting and Disarming of Papists.

Annulling Sidney's Attainder.

Sir John Guise reports from the Committee, to whom the ingrossed Bill, sent down from the Lords, intituled, An Act for the annulling and making void, the Attainder of Algernoon Sidney, Esquire, was referred, That the Committee had thought fit to make some Amendments to the Bill, 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 were once read throughout; and afterwards, a Second time, one by one; and agreed unto by the House; and are as followeth;

P. 1. L. 2. Instead of the Word "Michell," insert the Word "Michaell."

L. 4. Instead of the Word "at," insert the Word "in."

L. 7. Instead of the Word "Challengers," insert the Word "Challenges."

L. 22. Between the Words, "what," and "his," insert the Word "was."

The Bill, so amended, was read the Third time.

Resolved, That the Bill, so amended, do pass.

Ordered, That Sir John Guise do carry the Bill up to the Lords; and acquaint them with the Concurrence of this House to the Bill, with the said Amendments; and desire their Concurrence thereunto.

Conference with Lords.

Sir Henry Hobart acquaints the House, That he having been, according to their Order, at the Lords, to desire a Conference, they do agree to a Conference immediately in the Painted Chamber.

Resolved, That the Committee, to whom it was referred to prepare Reasons to be offered at the Conference, be the Managers of the said Conference.

The Managers went to the Conference, accordingly.

Mr. Hamden reports from the Conference with the Lords, That the Persons, appointed to manage the same, had delivered their Reasons, why they do disagree with the Lords in the said Amendment to the said Bill.

Rights of the Subject, and Succession to the Crown.

A Bill for establishing the Articles, presented by the Lords and Commons to their Majesties, and for settling the Crown, was read the Third time.

An ingrossed Proviso was offered as a Rider, to be made Part of the Bill; and was read a First and Second time; and is as follows:

"Provided always, and it is hereby Declared, by the Authority aforesaid, That nothing in this Act is intended to be drawn into Example, or Consequence, hereafter, to prejudice the Right of any Protestant Prince or Princess, in their hereditary Succession to the Imperial Crown of these Realms."

An Amendment was proposed to be made to the said Proviso, by leaving out the Word "hereafter," and insert, instead thereof, these Words, "after the Limitations herein mentioned."

The Question being put, That the same be so amended, accordingly;

The previous Question was put, That that Question be now put;

The House divided.

The Noes go forth.

So it passed in the Negative.

Then the Question was put, That the Proviso be read the Third time;

And it passed in the Negative.

An ingrossed Clause was offered as a Rider, to be made Part of the Bill; and was twice read; and is as followeth;

"And be it further Declared and Enacted, by the Authority aforesaid, That, from and after this present Session of Parliament, no Dispensation, by Non obstante, of or to any Statute, or any Part thereof, shall be allowed; but that the same shall be held void, and of no Effect; except a Dispensation be allowed of in such Statute. Provided, That no Charter, or Grant, or Pardon, before the First Day of June, 1689, shall be any-ways impeached, or invalidated by this Act; but that the same shall be and remain of the same Force and Effect in Law, and no other, than as if this Act had never been made.

Resolved, That the Clause be read the Third time.

An Amendment was proposed to be made in the Clause, by leaving out these Words, "heretofore made;" and, instead thereof, to insert these Words, "granted before the 1st Day of June, 1689:" And, upon the Question severally put thereupon, was agreed unto by the House.

Resolved, That the Clause, so amended, be made Part of the Bill.

An Amendment was proposed to be made to the Bill, in Press the last, L. 1st, by leaving out these Words, "And it is hereby Enacted, by the Authority aforesaid;" and afterwards, at the End of the Bill, to add these Words, "and the same are, by their said Majesties, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, Declared, Enacted, and Established, accordingly:" And, upon the Question severally put thereupon, were agreed unto by the House.

Resolved, Nemine contradicente, That the Bill do pass: And that the Title be, An Act declaring the Rights and Liberties of the Subject, and the Settling the Succession of the Crown.

Ordered, That Sir George Treby do carry up the Bill to the Lords, for their Concurrence.

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

Annulling Sidney's Attainder.

Mr. Speaker, We are commanded by the Lords to acquaint this House, That they do agree to the Amendments proposed by this House to the Bill for the Annulling, and making void, the Attainder of Algernoon Sidney, Esquire: And,

Disarming Papists.

That they do wave their Amendments to the Bill for the Disarming of Papists.

Abbingdon Writ.

Ordered, That Mr. Speaker do grant his Warrant to the Clerk of the Crown, to issue out a new Writ for the Electing of a Burgess to serve in this present Parliament for the Borough of Abbingdon in the County of Berks.

Committees.

Ordered, That all Committees be adjourned.

Privilege.

Ordered, That the Report touching the Breach of Privilege between Sir Rich. Temple and Mr. Palmes be made To-morrow Morning.

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