House of Commons Journal Volume 10: 23 January 1690

Jovis, 23 die Januarii; 1° Gulielmi et Mariæ.

Prayers.

Wolstenholme's Estate.

A BILL to enable John Wolstenholme, Esquire, to sell Lands for Payment of his Debts, was read the First time.

Resolved, That the Bill be read a Second time.

Pritchard's Jointure.

A Bill to enable John Pritchard Gentleman, to settle a Jointure on a Second Wife, was read the Second time.

Resolved, That the Bill be committed to Mr. Arnold, Sir Rob. Rich, Sir Tho. Tayler, Mr. Carter, Sir Cha. Raleigh, Mr. White, Sir Dunc. Colchester, Sir Wm. Honeywood, Sir Ralph Dutton, Sir Fra. Russell, Mr. Patten, Sir John Guise, Mr. Cooke, Mr. Harley, Mr. Hobby, Sir John Doyley, Sir Walt. Young, Sir Phil. Skippon, Major Manley, Sir Tho. Darcy, Sir Wm. Langham, Mr. Baldwyn, Mr. Christy, Sir Wm. Cooper, Mr. Grey: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber.

Lewknor's Wife's illegitimate Children.

A Bill for the Illegitimation of such Child or Children, as Jane, the Wife of John Lewknor, Esquire, hath had, or shall have, during her Elopement from her Husband, was read the Second time.

Resolved, That the Bill be committed to Sir Tho. Clarges, Mr. White, Sir Tho. Littleton, Mr. Lee, Sir Ralph Dutton, Mr. May, Mr. Cognisby, Mr. Colt, Mr. Pelham, Mr. Parker, Mr. Smith, Sir Tho. Darcy, Mr. Parkhurst, Sir Phil. Skippon, Sir John Guise, Mr. Hervy, Mr. Hawles, Sir Walter Young, Mr. Glemham, Mr. Palmes, Sir Hen. Goodrick, Mr. Hen. Herbert, Sir John Fagg, Sir Wm. Drake, Mr. Christy, Major Beake, Mr. Machell, Mr. Hobby, Lord Ranelagh, Mr. Baldwyn, Mr. Niccolls. Sir Cha. Raleigh, Sir Ro. Rich, Mr. Anch. Gray, Mr. Harly, Sir Gilbert Clarke, Sir Walter Moyle, Mr. Mitchell, Mr. Freke, Sir Mat. Andrewes, and all the Members that serve for the Counties of Kent and Sussex: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Cooke's Estate.

An ingrossed Bill from the Lords, intituled, An Act for Enabling of Trustees to sell certain Lands of Richard Cooke, deceased, to pay Debts, and to raise a Portion for his Daughter, was read the Second time.

Resolved, That the Bill be committed to Mr. Brewer, Sir Wm. Ellis, Mr. Christy, Mr. Bickerstaffe, Sir Tho. Darcy, Mr. Serjeant Trenchard, Mr. England, Mr. White, Mr. Baile, Sir Walter Moyle, Mr. Parkhurst, Mr. Blowfeild, Sir Phil. Skippon, Sir Cha. Bloys, Mr. Parker, Major Manley, Mr. Grey, Mr. Pelham, Sir Tho. Littleton, Colonel Birch, Mr. Baldwyn, Mr. Ellwell, Mr. Roberts, Mr Thornhaw, Mr. Reynells, Sir Rob. Rich, Sir Rob. Napper, Mr. Rebow, Sir Tho. Bernadiston, Mr. Arnold, and all the Members that serve for the Counties of Norfolke and Suffolke: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Prideaux's Claim on Lord Jeffryes.

A Bill to charge the Manors of Dalby and Broughton, the Estate of the late Lord Jeffryes, with the Payment of Fourteen thousand Seven hundred and Sixty Pounds, and Interest, to Edmund Prideaux, Esquire, was read the Second time.

Resolved, That the Bill be committed to Sir Walter Young, Sir Walter Moyle, Mr. Mansell, Sir Pat. Ward, Sir John Wyn, Mr. Boscawen, Sir John Cary, Lord Falkland, Sir John Moreton, Sir James Moreton, Mr. Brownlow, Lord Ranelagh, Colonel Tipping, Mr. Patten, Sir Christopher Musgrave, Major Manley, Mr. Serjeant Trenchard, Mr. Baldwyn, Sir Tho. Darcy, Mr. Gwyn, Sir Wm. Honeywood, Mr. Christy, Sir Wm. Ellis, Mr. Boyle, Sir Phil. Gell, Sir Jos. Tredenham, Mr. Niccolls, Sir Wm: Langham, Mr. Colt, Sir Mat. Andrewes, and all the Members that serve for the Counties of Devon, Dorsett, and the City of London: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Ordered, That the Consideration of the said Petition of Sir Henry Pollexfen, Knight, Lord Chief Justice of the Common Pleas, Sir Rob: Clayton, Edw. Jennings, Esquire, and Thomas Colson, Merchant, Trustees for the Creditors and Children of the late Lord Jeffryes, Ann Lady Jeffryes, Widow of the said Lord, Wm. Stringer Jeffry, and John Jeffryes, Esquires, Executors of the said Lord Jeffryes, presented and read in this House Ninth of December last, be referred to the Committee to whom the Bill for charging the Manors of Dalby and Broughton, the Estate of the late Lord Jeffryes, with the Payment of Fourteen thousand Seven hundred and Sixty Pounds, and Interest, to Edmund Prideaux, Esquire, is referred.

Ordered, That the Consideration of the Petition of Jeffry Jeffryes, Merchant, presented and read in this House the 9th of December last, be referred to the Committee to whom the Bill for charging the Manors of Dalby and Broughton, the Estate of the late Lord Jeffryes, with the Payment of Fourteen thousand Seven hundred and Sixty Pounds, and Interest, to Edmund Prideaux, Esquire, is referred.

Privilege.

A Petition of Ambrose Kelly, Gentleman, one of the Clerks of the Office, attending this House, was read; setting forth, That, on the One-and-twentieth Instant, one John Barrett entered into the Petitioner's House with a Constable, and their seized and carried away all his Goods; the said Barrett then saying, He neither mattered the Privileges or Members of the House: And praying the Consideration and Relief of the House.

Ordered, That the said Petition be referred to the Committee of Privileges; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

Cane Chairs, &c.

Ordered, That the Report from the Committee to whom the Bill for prohibiting the Making of Cane Chairs, Squabs, and Couches, was referred, be made upon Wednesday Morning next.

Papists Protestant Heirs.

A Bill to make void the Settlements made by Papists of their Estates to disinherit their Protestant Heirs, and to vest the Profits of the Estates of Children sent abroad to be educated in the Romish Religion in their next Protestant Kindred, was read the First time.

Resolved, That the Bill be read the Second time.

Process of Capias.

A Bill to take away Process of Capias for all Debts under Forty Shillings, was read the First time.

Resolved, That the Bill be read a Second time.

Cambridge Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ for the Electing of a Burgess to serve in this present Parliament for the University of Cambridge, in the room of Sir Robert Sawyer, Knight, who was the Twentieth Instant expelled this House.

Privilege Members Protections.

Then the House took into Consideration the Matter touching Protections given by Members of the House.

And the Lists delivered in by the Sheriffs of Middlesex, and the Secondaries of the Two Compters of the City of London, of such Protections as had been entered in their respective Offices, was read.

And several Members of the House disowning the granting any such Protections as were returned under their Names.

Ordered, That it be referred to the Committee of Privileges, to examine when, and by whom, the said Protections, so disowned, had been entered in the said Offices: And they are to report the same to the House.

The Serjeant at Arms acquaints the House, That Mr. Rich. Purcell had Yesterday undertaken to him to produce Sam. Parker before the House this Morning; but had now sent him Word, That he would not do it.

Ordered, That Mr. Rich. Purcell be sent for in Custody of the Serjeant at Arms attending this House, for concealing and harbouring Samuell Parker, who was, by this House, ordered to be taken into Custody of the Serjeant at Arms, for counterfeiting a Protection in the Name of Thomas Wharton, Esquire a Member of this House.

And then former Resolutions and Orders of the House, relating to Protections, granted by Members, being read; viz.

9 Apr. 1670;

7 Feb. 1677;

30 Apr. 1679;

Privilege of Members Servants.

Ordered, That all Protections, and written Certificates, of the Members of this House, be declared void in Law; and be forthwith withdrawn, and called in; and that none be granted for the future: And, if any shall be granted by any Member, such Member shall be liable to the Censure of this House: And that the Privilege of Members for their menial Servants be observed according to Law; and that, if any menial Servant shall be arrested, and detained, contrary to Privilege, he shall, upon Complaint thereof made unto the Speaker, be discharged by Order from him.

Ordered, That This be declared to be the Standing Order of the House.

Ordered, That this Order be published, by setting up the same in the Lobby, at the House Door, at Westminster Hall Gate, at the several Courts in Westminster Hall, and at the Inns of Courts and Inns of Chancery, and at the Royal Exchange: And that the Knights of the Shires do send Copies thereof to the Sheriffs of their respective Counties; and the Burgesses to their several Boroughs.

Ordered, That such Members as are returned to have granted Protections, and were absent this Day, do give an Account to the House of what Protections have been granted by them, the next Time they come to the House.

Universities' Charters.

Ordered, That the hearing Counsel, at the Bar, upon the Bill for Confirming the Charters of the Two Universities, be adjourned till To-morrow Morning.

Exceptions from Bill of Indemnity.

Then the House resolved into a Committee of the whole House, upon the Bill of Indemnity; and the Bill of Pains and Penalties to be inflicted upon such as shall be excepted out of the Bill of Indemnity.

Mr. Speaker left the Chair.

Mr. Gray took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Gray reports from the Committee of the whole House, That they had agreed upon certain Heads in order to their proceeding on the said Bills: Which he read in his Place; and afterwards, delivered the same in at the Clerk's Table: Where they were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That the Asserting, Advising, and Promoting of the Dispensing Power, and Suspending of Laws without Consent of Parliament, as it hath been lately exercised; and the acting in pursuance of such pretended Dispensing Power is one of the Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the Commitment and Prosecution of the Seven Bishops be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the advising, promoting, and executing the Commission for erecting the late Court for Ecclesiastical Causes, be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the advising the levying Money, and the collecting the same for and to the Use of the Crown, by Pretence of Prerogative, for other Time, and in other Manner, than the same was granted by Parliament, be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the advising the raising and keeping up a Standing Army in the Time of Peace, without Consent of Parliament, and the Quartering of Soldiers, be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the advising, procuring, contriving, and acting in the surrendering Charters, and in the Ateration and Subversion of Corporations, and in Procuring of new Charters, and the Violating of the Rights and Freedoms of Elections to Parliament, in Counties, Cities, Corporations, Boroughs, and Ports; and the questioning the Proceedings of Parliament out of Parliament, by Declarations, Informations, or otherwise, are other Crimes, for which some Persons may be justly excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That undue Constructions of Law, and illegal Prosecutions and Proceedings in Capital Cases, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the undue Returns of Juries, and other illegal Proceedings in Civil Causes, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the requiring excessive Bail, imposing excessive Fines, giving excessive Damages, and using undue Means for levying such Fines and Damages, and inflicting cruel and unusual Punishments, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the advising King Charles the Second, and King James the Second, by some of their Judges and Counsel, That Parliaments need not be called, according to the Statutes, is another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the procuring the Commission to execute Martial Law in the Island of Sancta Hellena, or signing Instructions for putting the same in Execution, is another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the Regulating of Corporations and Boroughs in the Reign of the late King James the Second, and the promising to take off the Penal Laws and Test, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

Resolved, That it is the Opinion of this Committee, That the undertaking, in the Reign of the late King James the Second, to repair the Ships of War, and receiving Money for that Service, and the not performing the same, is another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The First of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the Asserting, Advising, and Promoting of the Dispensing Power, and Suspending of Laws, without Consent of Parliament, as it hath been lately exercised; and the acting in pursuance of such pretended Dispensing Power; is one of the Crimes, for which some Persons may be justly excepted out of the Bill of Indemnity.

The Second of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the Commitment and Prosecution of the Seven Bishops be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Third of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the advising, promoting, and executing the Commission for erecting the late Court for Ecclesiastical Causes, be another Crime, for which some Persons may be justly excepted out of the Bill of Indemnity.

The Fourth of the said Resolves being read the Second time;

Resolved, That the House doth agree with the Committee, That the advising the levying Money, and the collecting the same for and to the Use of the Crown, by Pretence of Prerogative, for other Time, and in other Manner, than the same was granted by Parliament, be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Fifth of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the advising the raising and keeping up a Standing Army in the Time of Peace, without Consent of Parliament, and the Quartering of Soldiers, be another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Sixth of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the advising, procuring, contriving, and acting in the surrendering Charters, and in the Alteration and Subversion of Corporations, and in Procuring of new Charters, and the Violating of the Rights and Freedoms of Elections to Parliament, in Counties, Cities, Corporations, Boroughs, and Ports; and the questioning the Proceedings of Parliament out of Parliament, by Declarations, Informations, or otherwise; are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Seventh of the said Resolves being read a Second time;

Exceptions from Bill of Indemnity.

Resolved, That the House doth agree with the Committee, That undue Constructions of Law, and the undue and illegal Prosecutions and Proceedings in Capital Cases, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Eighth of the said Resolves being read a Second time;

Resolved, That the undue Returns of Juries, and other illegal Proceedings in Civil Causes, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Ninth of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the requiring excessive Bail, imposing excessive Fines, giving excessive Damages, and using undue Means for levying such Fines and Damages, and inflicting cruel and unusual Punishments, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Tenth of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolve, That the advising King Charles the Second, and King James the Second, by some of their Judges and Counsel, That Parliaments need not be called, according to the Statutes, is another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Eleventh of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the procuring the Commission to execute Martial Law in the Island of Sancta Hellena, or signing Instructions for putting the same in Execution, is another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

The Twelfth of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the Regulating of Corporations and Boroughs in the Reign of the late King James the Second, and the promising to take off the Penal Laws and Test, are other Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.

The last of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the undertaking, in the Reign of the late King James the Second, to repair the Ships of War, and receiving Money for that Service, and the not performing the same, is another Crime, for which some Persons may justly be excepted out of the Bill of Indemnity.

Mr. Grey further reports from the said Committee, That they had directed him to move the House, That the House may resolve into a Committee of the whole House again, on Saturday Morning next, to proceed further upon the said Bill.

Resolved, That the House do, upon Saturday Morning next, at Ten of the Clock, resolve into a Committee of the whole House, to proceed further upon the said Bill.

Committees.

Ordered, That all Committees be adjourned.