House of Commons Journal Volume 10: 10 January 1690

Veneris, 10 die Januarii; 1° Gulielmi et Mariæ.

Prayers.

Leave of Absence

ORDERED, That Doctor Gourdon have Leave to go into the Country for Three Weeks.

Foubert's, &c. Nat.

A Bill to naturalize Solomon Foubert, and several other French Protestants; was read the First time.

Resolved, That the Bill be read a Second time.

Prize Salt.

An ingrossed Bill to preserve French Bay Salt, taken as Prize, from being destroyed, was read the Third time.

An Amendment was proposed to be made in Press *, Line *, by leaving out "in Westminster;" and, instead thereof, to insert "Act:"

Which was, upon the Question 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 Preservation of French Bay Salt, taken as Prize, from being destroyed.

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

Indemnifying persons acting for their Majesties.

A Bill to prevent vexatious Suits against such Persons as acted in order to the bringing-in of their present Majesties, or for their Service, was read the Second time.

Resolved, That the Bill be committed to Sir Christopher Musgrave, Sir Wm. Ellis, Sir John Guise, Sir Fra. Russell, Sir John Bancks, Mr. Vincent, Mr. Boyle, Sir Phil. Gell, Mr. Bickerstaffe, Sir Waller Young, Sir Wm. Leveson Gowre, Mr. Buckley, Sir Tho. Darcy, Sir Fra. Guibon, Mr. Natchbold, Lord Ranelagh, Sir John Fagg, Sir Wm. Langham, Sir Tho. Littleton, Mr. Grey, Mr. Gwyn, Sir Jo. Doyley, Mr. Colman, Mr. Colt, Sir Hen. Goff, Lord Digby, Sir Wm. Honeywood, Sir Wm. Whitlocke, Sir Fra. Drake, Mr. Onslow, Mr. Hawles, Mr. Foley, Sir Jo. Moreton, Sir Phil. Skippon, Mr. Arnold, Sir Tho. Barnadiston, Colonel Whitley, Sir Jo. Maynard, Colonel Tippin, Sir Cha. Raleigh, Sir Rob. Cotton, Mr. Buscawen, Sir John Cotton, Sir Rob. Rich, Sir Edw. Hussey, Sir Peter Rich, Mr. Papillion: And they are to meet Tomorrow, at Three of the Clock in the Afternoon, in the Speaker's Chamber.

A bingdon Return amended.

The House being informed, that the Clerk of the Crown attended to amend the Return for the Borough of Abingdon in the County of Berks;

He was called in; and amended the same accordingly, by striking out the Name of * Southby, Esquire; and inserting the Name of Sir John Stonehouse, Baronet.

And then withdrew.

Restoring Corporations.

An ingrossed Bill for restoring of Corporations, was read the Third time.

An ingrossed Proviso was offered to be added, as a Rider, to the Bill, That no Alderman or Common Council Man, who, after the last Day of Michaelmas Term 1683, did join in any such Surrender, as in the said Bill is set forth, to which the greatest Number of the Members of such respective Corporation did agree, shall be liable to the said Disability: And that no Instrument or Inrolment of such Surrender shall be allowed for Evidence to prove the Agreement thereto.

And the Question being put, That the said Proviso, be read;

The House divided.

The Yeas go forth.

So it passed in the Negative.

An Amendment was proposed to be made in the Bill, Press 8, Line 15, after "who," to insert these Words, "before the End of Michaelmas Term 1683, or afterwards, without the Consent of the major Number of the Common Council Men of the respective Corporations previously declared:"

And the Question being put, That the said Amendment be made;

The House divided.

The Yeas go forth.

So it passed in the Negative.

A Motion was made, That a Clause in the Bill, beginning Press 8, Line 3, to the End of that Press, may be left out of the Bill: Which Clause is as follows;

"And whereas it is necessary, for the sake of publick Justice, and securing the Government for the future, That such open Attempts upon the Constitution, and so notorious Violations of Oaths and Trusts, should not go wholly unpunished, lest hereafter ill Men might be encouraged to the like Guilt, in hopes to come off with Impunity, though they should fail, with Success: Be it Enacted, by the Authority aforesaid, That every Mayor, Recorder, Alderman, Steward, Sheriff, Common Council Man, Town Clerk, Magistrate or Officer, who did take upon him to consent to, or join in any such Surrender or Instrument, purporting such Surrender as aforesaid; or did solicit, procure, prosecute, or did pay or contribute to the Charge of prosecuting any Scire Facias, Quo Warranto, or Information in the Nature of a Quo Warranto, by this Act declared void, shall be, and is hereby Declared, Adjudged, and Enacted to be, for the Space of Seven Years, uncapable and disabled, to all Intents and Purposes, to bear or execute any Office, Employment, or Place of Trust, as a Member of such respective Body Corporate, or in or for such respective City, Town, Borough, or Cinque Port, whereof or wherein he was a Member, at or before the Time of the making such Surrender, or Instrument purporting such Surrender, or the suing out or prosecuting such Scire Facias, Quo Warranto, or Instrument in the Nature of a Quo Warranto; any thing in this Act contained, or any other Law, Statute, or any Ordinance, Charter, Custom, or Thing to the contrary in any-wise notwithstanding.".

Thereupon arose a long Debate, both as to the Matter of the Clause, and the Form in leaving out a whole Clause in a Bill: As to which latter Case Two Precedents were cited in the Journals, and read;

12 May 1607, upon the Cloathing Bill.

18 May 1607, upon the Watermens Bill.

And a Motion being made;

And the Question being put, That Candles be brought in;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

And upon the Debate, a Motion being made, and the Question being put, That the Bill be re-committed upon the said Clause;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Another Amendment was proposed to be made in the said Clause, Line 13, 14, to leave out "Alderman, Steward, Sheriff, Common Council Man, Magistrate, or other Officer:"

And the Question being put, That the said Amendment be made;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Then the Question being put, That the said Clause do stand Part of the Bill;

It passed in the Negative.

A Motion was made, That the next Clause and Proviso, beginning Press ult. Line 1, to the End of the Bill, may be also left out of the Bill; which is as followeth;

"And be it further Enacted, by the Authority aforesaid, That if any Person hereby enacted and declared to be incapable and disabled to bear or execute any such Office, Employment, or Place of Trust as aforesaid, shall, at any Time after the Twenty-fifth Day of March 1690, take upon him to bear or execute any such Office, Employment, or Place of Trust, as aforesaid, every such Person shall forfeit the Sum of Five hundred Pounds, to be recovered by any Member or Inhabitant of the respective Body Corporate, City, Town, Borough, or Cinque Port, who shall sue for the same by Action of Debt, Bill, or Plaint, in any of their Majesties Courts of Record at Westminster; wherein no Essoign, Protection, Privilege, or Wager of Law, or more than One Imparlance, shall be allowed: And also, upon Verdict found, or Judgment given, by Confession or otherwise, in such Action, against the Defendant, the said Defendant shall be for ever incapable to bear or execute any Office or Place of Trust whatsoever, within the Kingdom of England, and Dominion of Wales. Provided also, and be it Enacted, That a former Action depending shall be no Plea for the Defendant in any Action to be brought upon this Statute, if such former Action hath depended by the Space of Three Terms: Nor shall a Nonsuit of the Plaintiff, or a Judgment for the Defendant in any former Action, be a Bar to the Plaintiff, in any Action to be brought upon this Statute."

And the Question being put, That the said Clause do stand Part of the Bill;

It passed in the Negative.

And thereupon the Two last Presses of the Bill, which contained the said Clauses and Proviso, were by the Clerk at the Table, by Direction of the House, taken off from the Bill; and Three Lines of the Bill, which was at the upper End of the First of those Presses, again ingrossed upon another new Press of Parchment; and That new Press sewed on, at the Table, to the Bill.

An ingrossed Clause was offered to be added to the Bill, as a Rider, touching the Cinque Ports: But the same was afterwards withdrawn.

Resolved, That the Bill do pass: And that the Title thereof be, An Act to restore Corporations to their ancient Rights and Privileges.

Ordered, That the Lord Falkland do carry the Bill to the Lords, and desire their Concurrence thereunto.

Committees.

Ordered, That all Committees be adjourned.