House of Commons Journal Volume 10: 20 December 1689

Veneris, 20 die Decembris.

Prayers.

Norwich Court of Conscience.

AN ingrossed Bill for erecting a Court of Conscience in the City of Norwich, was read the Third time.

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

Press 4, Line 19, after "or," insert "Debtors;"

Press 7, Line 13, instead of "Clause," to insert "Cause;"

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 thereof be, An Act for erecting a Court of Conscience in the City of Norwich.

Ordered, That Mr. England do carry up the Bill to the Lords for their Concurrence.

Leave of Absence.

Ordered, That Sir Rich. Newdigate have Leave to go into the Country, for Three Weeks.

Reversing Walcot's Attainder.

Ordered, That the Report from the Committee to whom the ingrossed Bill, sent down from the Lords, intituled, An Act for annulling the Attainder of Thomas Walcot, was referred, be received To-morrow Morning at Eleven of the Clock.

Relief to Irish Refugees.

Then the House resumed the adjourned Debate, and further Consideration, touching the Lists of the Irish Nobility, Gentry, and Clergy, fit to receive his Majesty's Bounty.

Resolved, That the Lists, reported from the Committee to whom it was referred to consider, What Persons of the Irish Nobility and Gentry are fit to receive his Majesty's Bounty, be recommended to his Majesty: And that his Majesty be humbly desired to order the Persons who shall be employed in the Distribution of his Bounty, to take care, That if any Persons are contained in the said Lists, who are otherwise provided for, that they may not participate thereof; and that, if any Persons be omitted, who are destitute of Subsistence, they may be added to the said Lists.

Ordered, That Sir Henry Capell do present the said Lists to his Majesty.

Punishing Mutiny and Desertion.

Colonel Tipping reports from the Committee to whom was re-committed the Clause to be added to the ingrossed Bill, sent down from the Lords, intituled, An Act for punishing Officers and Soldiers, who shall mutiny and desert their Majesties Service, and for punishing false Musters, That they had agreed upon the Clause to be added to the Bill: Which he read in his Place; and afterwards, delivered the same in at the Table: Where the same was twice read; and, after an Amendment proposed and agreed upon, and made at the Table, the said Clause was, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill; and is as followeth;

"And it is hereby Enacted and Declared, That the Commanding Officer of every Troop or Company, at the Time of Muster, shall bring in a Certificate signed, of the Names of such Persons as are sick, or have Leave to be absent upon Furloes, or Leave for Absence; and of such Persons as are dead, or deserted, since the last Muster; with the Days of their Deaths or Desertion: And, if such Certificate shall prove false, upon Conviction thereof before a Court Martial, the Officer signing such Certificate shall suffer such Penalties, and in such manner as is declared and inflicted by this Act, upon those that make false Musters, And it is hereby further Enacted, That if any Officer shall muster any Person that is a Servant, or receives Wages from any Officer, or that shall attend any Officer as a Servant, in the Absence of the said Officer from his Quarters; or shall muster any Person by a wrong Name, knowingly; upon Conviction thereof before a Court Martial, the said Officer or Commissary shall suffer such Penalties, and in such manner, as is inflicted and declared by this Act upon those that shall make false Musters. And whereas, by the Petition of Right in the Third Year of King Charles the First, it is Enacted and Declared, That the People of this Land are not, by the Laws, to be burdened with the Sojourning of Soldiers against their Wills: And by a Clause in one Act of Parliament, made in the One-and-thirtieth Year of the Reign of King Charles the Second, for granting a Supply to his Majesty of Two hundred Six thousand Four hundred Sixty-two Pounds Seventeen Shillings and Three-pence, for paying and disbanding the Forces, it is Declared and Enacted, That no Officer, Military or Civil, nor any other Person whatsoever, shall from thenceforth presume to place, quarter or billet any Soldier or Soldiers upon any Subject or Inhabitants of this Realm, of any Degree, Quality, or Profession whatsoever, without his Consent; and that it shall and may be lawful for any such Subject and Inhabitant, to refuse to sojourn or quarter any Soldier or Soldiers, notwithstanding any Command, Warrant, or Billeting whatsoever: But, forasmuch as at this present Time there is a Rebellion in Ireland, and a War against France, whereby there is Occasion for the Marching of many Regiments, Troops, and Companies, in several Parts of this Kingdom, towards the Sea Coasts, and otherwise: Be it further Enacted, by the Authority aforesaid, That for and during the Continuance of this Act, and no longer, it shall and may be lawful for the Constables, Tythingmen, Headboroughs, and other Chief Officers and Magistrates of Cities, Boroughs, Towns and Villages, and other Places in the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, and for no others, to quarter and billet the Officers and Soldiers in their Majesties Service, in Inns, Livery-stables, Ale-houses, Victualing-houses, and Ale-houses selling Brandy, Strong-waters, Cyder or Metheglin, by Retale, to be drank in their Houses, and no other; and in no private Houses whatsoever: And if any Constable, Tythingman, or such-like Officer or Magistrate, as aforesaid, shall presume to quarter or billet any such Officer or Soldier in any private House, without the Consent of the Owner or Occupier; in such case such Owner or Occupier shall have his or their Remedy at Law, against such Magistrate or Officer, for the Damage that such Owner or Occupier shall sustain thereby. Provided nevertheless, and it is hereby Enacted, That the Officers and Soldiers, so quartered and billeted as aforesaid, shall pay such reasonable Prices as shall be appointed from time to time by the Justices of the Peace in their Quarter Sessions of each County, City, or Division, or Place within their respective Jurisdictions: And the Justices of Peace aforesaid are hereby impowered and required to set and appoint, in their Quarter Sessions aforesaid, such reasonable Rates for all necessary Provisions for such Officers and Soldiers, for One or more Nights, in their marching through their Cities, Towns, Villages, and other Places; and for the First Night only, in such Places as shall be appointed for their Residence or Quarters. Provided that the said Price, so set by the said Justices, be within the Compass of the Subsistence Money paid to the Soldiers; which Subsistence Money is hereby declared to be, for each Trooper, Two Shillings per diem; for each Dragoon, One Shilling Twopence per diem; and for each Foot Soldier, Six-pence per diem: And, after the said First Night in their Quarters, the Owners and Occupiers of the Inns, Ale-houses, and other publick Houses as aforesaid, are hereby required to furnish such Officers and Soldiers, so quartered and billeted as aforesaid, with dry Lodgings, Stable Room for Horses, and with Fire and Water, and necessary Utensils to dress their Meat; and not otherwise, without the said Officers or Soldiers shall make a Contract or Agreement for their Provisions with the said Owners or Occupiers. Provided always, and be it Enacted, That if any Officer or Soldier shall take any Money of any Person for excusing the Quartering of Officers or Soldiers, or any of them, in any House allowed by this Act; every such Officer or Soldier shall be cashiered, and made uncapable of serving in any military Employment whatsoever."

Ordered, That the Bill be read the Third time Tomorrow Morning.

Provision for Prince and Princess of Denmark.

Ordered, That any Three of the Committee to whom it was referred to prepare an Address to his Majesty to make a Provision for the Prince and Princess Anne of Denmarke, do prepare the said Address: And that the said Committee be revived.

London Orphans.

Resolved, That the House do, upon Monday Morning, resolve into a Committee of the whole House, to consider of Ways to satisfy the Debts to the Orphans of the City of London.

Answer to Address.

Mr. Hampden acquaints the House, That, according to their Order, he, with others of his Majesty's Privy Council, had attended his Majesty with the Address, That Commissary Shales might be sent for over in Custody, with his Papers: And that his Majesty was pleased to acquaint them, That he had sent some Order of that Kind some time since; and commanded him, the said Mr. Hampden, to attend my Lord Shrewsbury, to be satisfied therein: And that he had so done, and had seen the Letter which was sent to Duke Schombergh, that Shales should be sent over in Custody, if the Duke did not find it necessary before he came, to make up his Accompts: And that his Majesty said, If he had not given Orders for his Papers, it should be done.

And Mr. Hampden further said, That, if the House thought fit, he would wait on the Lord Shrewsbury again. But the House gave no further Direction.

Members charged with drinking late K. James's Health.

The House being informed that one Mr. East, at Whitehall, declared, that some Members of this House had lately drank King James's Health;

Ordered, That the said Mr. East be forthwith sent for, to attend this House before they rise, to give an Account thereof.

Ways and Means.

Then the House resolved into a Committee of the whole House, to consider of Ways to raise the rest of the Supply granted to his Majesty.

Mr. Speaker left the Chair.

Mr. Hampden took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Hampden reports from the Committee of the whole House, That they had made some Progress in considering of Ways to raise the rest of the said Supply: And that he was directed to move the House, That the Committee may sit again To-morrow Morning at Ten of the Clock.

Resolved, That the House do, To-morrow Morning at Eleven of the Clock, resolve into a Committee of the whole House, to proceed in the further Consideration of Ways to raise the said Supply granted to their Majesties.

He also moved, from the said Committee, That the Bills already directed towards their Majesties Supply may be forthwith, by those Members, brought in, who were appointed to draw the same.

Ordered, That such Members who were ordered to prepare those Bills, do bring the same in To-morrow Morning.

Members charged with drinking late K. James's Health.

The House being informed, that Mr. East, according to their Order, attended at the Door;

He was called in to the Bar; and examined, touching the Matter before mentioned: Who said, He was not present at any such thing; but that it was commonly discoursed there had been such a thing.

And being required to give an Account, Who he heard say any such thing; and after some Time of recollecting; he acquainted the House, That he heard one Mr. Goddard, a Brigadier, say, That one Mr. Kniveton, a Gentleman Pensioner, had told him, That there were Three Parliament Men drank King James's Health in a Tavern at Westminster; and a fourth refused, and went down Stairs.

And then Mr. East withdrew.

Ordered, That Mr. Goddard, Mr. Kniveton, and Mr. East, again do attend this House To-morrow Morning.

And * * * *.