House of Commons Journal Volume 10: 7 November 1690

Veneris, 7 die Novembris; 2° Gulielmi et Mariæ.

Prayers.

Barnadiston's Estate.

A BILL to free the Estate of Sir Samuell Barnadiston, Baronet, from several Incumbrances occasioned by a Judgment heretofore given against him, upon an Information in the Court of King's Bench at Wesminster, was read the First time.

Resolved, That the Bill be read a Second time.

Army Debts.

A Petition of the Officers, Innkeepers, and Clothiers, that served in, quartered, and cloathed, the Army raised by an Act of Parliament in 1677, and disbanded by another Act in 1679, was read; setting forth, That upon the Credit of the said Acts, the Petitioners furnished the said Forces with divers Necessaries, amounting to a very considerable Sum: That, on the Sixth May last, a Petition was presented to the House from the Petitioners, and the House was pleased to order a Committee to examine the Matter of Fact, and to inspect the Petitioners Accompts: The which they did; and, upon the making the Report, the House resolved to take the Petitioners Case into Consideration: The which was disappointed by the Ending of that Sessions: And praying the House would now take into Consideration the Matters aforesaid.

Resolved, That the Consideration of the said Petition be referred to a Committee, to examine and state the Accompts of the Petitioners; and report their Opinions therein to the House.

And it is referred to Colonel Birch, Mr. Shackerly, Mr. Bickerstaffe, Mr. Bull, Mr. Fenwick, Sir Ralph Carre, Sir Cha. Bloys, Mr. Bromly, Mr. Hervey, Mr. Hunt, Sir Robert Rich, Mr. Chetwyn, Lord Digby, Mr. Bockenham, Sir Sam. Bernadiston, Sir Gilbert Clarke, Mr. Brewer, Mr. Carre, Sir Rob. Edon, Mr. Burdet, Mr. Cooke, Sir Tho. Bernadiston, Mr. Hen. Herbert, Sir Jerv. Elwes, Mr. Lamplugh, Mr. England, Sir Roger Puleston, Mr. Waller, Sir Wm. Cooke, Mr. Hawtry, Mr. Fawkes, Sir Math. Andrews, Mr. Blowfeild, Mr. Done, Mr. Pollexfen, Mr. Christie, Sir Tho. Littleton, Captain Pitt: 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.

Recovery of Tythes.

Mr. Christie presented to the House a Bill for the more easy Recovery of small Tythes: And the same was received.

Privilege- a Person discharged from custody.

John Leigh, in Custody of the Serjeant at Arms attending this House, upon a Complaint of a Breach of Privilege committed by him against Sir Sam. Grimston, Baronet, a Member of this House; being this Day brought to the Bar, and making his humble Submission upon his Knees;

Ordered, That the said John Leigh be discharged out of Custody, paying his Fees.

Bigg's Estate.

Mr. Harcourt reports from the Committee to whom the Bill to vest divers Messuages and Tenements in St. Giles in the Fields in the County of Middlesex, the Estate of David Bigg, Esquire, in Trustees, to be sold, and for laying out the Money to be raised thereby, in the Purchase of Lands to be settled to the same Uses, was committed, That they had agreed upon several Amendments to be made to the Bill: Which they had directed him to report to the House: Which he read in his Place, with the Coherence; and afterwards, delivered in at the Clerk's Table: Where the same were once read throughout; and then 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.

A Message from the Lords by Sir Miles Cooke and Sir Rob. Legard:

Barret's Estate.

Mr. Speaker, The Lords have agreed to the Bill, intituled, An Act for enabling Dacres Barret, alias Lennard, Esquire, to charge the Reversion of his Estate in England with the Sum of One thousand Five hundred Pounds; with some Amendments: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

And then the Amendments being read, were as followeth; viz.

3 Skin, Line 12, instead of "the Assent," read "and with the Advice and Consent;" and, after "Lords," read "Spiritual and Temporal."

6 Skin, Line 7, leave out "of Parliament."

And the same Amendments being read a Second time, one by one, were, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That Sir Jonathan Jennings do carry the Bill to the Lords; and acquaint them, That this House hath agreed to the Amendments made by their Lordships to the said Bill.

Davile's Estate.

Ordered, That the Bill for vesting certain Lands of Wm. Davile and his Wife, in Trustees, to be sold for Payment of Debts, be read To-morrow Morning.

Privilege.

The House being informed, that Edward Vaughan, Esquire, a Member of this House, was willing and satisfied, that Thomas Price, Esquire, in Custody of the Serjeant at Arms attending this House, upon Complaint of a Breach of Privilege committed against the said Mr. Vaughan, should be discharged;

Ordered, That Thomas Price, Esquire, in Custody of the Serjeant at Arms attending this House, be discharged out of Custody of the Serjeant.

Commissioners of Admiralty.

An ingrossed Bill from the Lords, intituled, An Act concerning the Commissioners of the Admiralty, was read the Second time.

Resolved, That the Bill be committed.

Resolved, That the Bill be committed to a Committee of the whole House.

Resolved, That this House do immediately resolve itself into a Committee of the whole House, to consider of the said Bill.

And the House resolved itself into a Committee of the whole House, accordingly.

Mr. Speaker left the Chair.

Mr. Attorney General took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Attorney General reports from the said Committee, That they had agreed upon several Amendments to be made to the Bill: Which they had directed him to report to the House: And he read the same in his Place, with the Coherence; and afterwards delivered them in at the Clerk's Table: Where the same was once read throughout; and are as followeth; viz.

Line 21, after "are," and before "vested," insert "lawfully:" At the End of the Bill, add Proviso (A);

"Provided, That nothing in this Act contained shall extend, or be taken or construed to extend, to give or allow to the Lord High Admiral, or to the Commissioners for executing the Office of High Admiral, any other Authority, Jurisdiction, or Power, than the Lord High Admiral lawfully had, or might have had, used, and exercised, if this Act had not been made."

And Clause (B);

"Provided always, and be it Enacted, That, upon all Tryals of Offenders by Courts Martial, to be held by virtue of any Commission to be granted by the Lord High Admiral, or the Commissioners for executing the Office of High Admiral, every Officer present shall, before any Proceeding to Tryal, take an Oath, before the Court, in these Words following: You shall well and truly try and determine the Matter now before you, between our Sovereign Lord and Lady the King and Queen's Majesties and the Prisoner to be tried."

"So help you God."

The First and Second Amendments, being severally read a Second time, one by one, were, upon the Question severally put thereupon, agreed unto by the House.

The Third Amendment being read a Second time;

And an Amendment being proposed to be made in the said Clause; viz. after "Court," to insert these Words, "which Oath the Judge Advocate, or his Deputy for the Time being, are hereby respectively authorized to administer;" the same was agreed unto by the House: And then the said Amendment, so amended, was, upon the Question put thereupon, agreed unto by the House.

Supply Bill; Excise.

Resolved, That the House will, To-morrow Morning, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the Bill for doubling the Excise.

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