House of Commons Journal Volume 10: 5 January 1691

Lunæ, 5 die Januarii; 2° Gulielmi et Mariæ.

Prayers.

Privilege-Person discharged from custody.

ORDERED, That Mr. Briggs, the Marshal of the King's Bench Prison, in custody of the Serjeant at Arms attending this House, be brought to the Bar, in order to his Discharge.

And accordingly he was brought to the Bar: And, upon his humble Submission, and Acknowledgment of his Offence; and having received a Reprimand by Mr. Speaker;

Ordered, That he be discharged out of Custody, paying his Fees.

Act of Navigation respecting English Seamen.

Then the House took into Consideration the Amendments, made by the Lords, to the Bill for suspending, during the War with France, that Part of the Act for the Exportation of Corn, which obliges English Ships to sail with English Seamen: And the same were read; and are as followeth;

In the Title, for "during the War with France," read "for a limited Time."

1 Skin, 15 Line, for "December," read "January."

18 Line, instead of "during the said War," read "till the Twenty-ninth Day of September 1691, if cleared, and go out before the said Time."

19 Line, for "so many," read "Three Parts of."

20 Line, after "Mariners," read "only the Master, Officers, and the other Fourth Part of the Mariners, being Englishmen;" and leave out "as the Masters or Owners of any such Ship or Ships respectively shall think fit to employ."

22 Line, for "all," read "every."

35 Line, leave out from "notwithstanding," to "and," in the 5th Line, 2 Skin.

3 Skin, 20 Line, after "Corn," add "in any such Foreign Ship as shall come freighted with Naval Stores only, impowered thereunto by the Act made in the Twelfth Year of the Reign of King Charles the Second, intituled, An Act for the Encouraging and Increasing of Shipping and Navigation, or."

22 Line, before "during," read "according to and;" and leave out "according to the other Directions of the said Act."

At the End of the Bill, add the Provisoes marked A, B, C.

(A) And whereas, by the Act of Navigation, Rosin and Turpentine are prohibited from being imported into this Nation from any other Parts beyond the Seas, except France: And whereas, at this present, there is a Scarcity thereof in this Nation; so that, without a speedy Importation, their Majesties Navy cannot be supplied: Be it Enacted, by the Authority aforesaid, That it shall and may be lawful for any of their Majesties Subjects, in English Bottoms, to import the said Commodities from Holland, or any other Parts, except France, until the said Twenty-ninth Day of September; any thing in the said Act, or any other Act, to the contrary thereof in any wise notwithstanding.

(B) And whereas there is no sufficient Discouragement nor Penalty upon such as knowingly conceal, rescue, or hide Seamen: Be it further Enacted, by the Authority aforesaid, That such Person as shall knowingly conceal, hide, or rescue, from being employed in their Majesties Service, any Seaman, shall forfeit Ten Pounds; One Third Part thereof to the Informer; One other Third Part to the Poor of the Parish; and the other Third Part to be paid into the Chest at Chatham: And, for want of sufficient Distress, the Party offending, to be sent, by any one Justice of the Peace, to the House of Correction, to be kept to hard Labour for Three Months.

(C) Provided always, and be it further Enacted by the Authority aforesaid, That it shall and may be lawful at any time before the Tenth Day of December, which shall be in the Year of our Lord One thousand Six hundred and Ninety-one, to import any Naval Commodities in any Foreign-built Shipping, although such Commodities be not of the Growth of that Country where such Ship was built, and although the Master and Three Fourths of the Mariners be not of that Country, and although such Commodities be not shipped or brought from the Place or Places, Country or Countries, of the said Growth, Production or Manufacture, or from those Ports where the said Goods and Commodities can only, or are, or usually have been first shipped for Transportation.

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

Then Clause A was read; and, upon the Question put thereupon, agreed unto by the House.

Then Clause B was thrice read.

And the Question being put, That the House do agree with the Lords in the said Clause.

It passed in the Negative.

Then Clause C was thrice read.

Resolved, That the House do agree with the Lords in the said Clause.

Conference desired with Lords.

Resolved, That a Conference be desired with the Lords, upon the said Amendments made by the Lords to the said Bill.

Ordered That Mr. Harcourt do go to the Lords; and desire the said Conference.

Trade with France.

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

Mr. Speaker, The Lords have agreed to the Bill, intituled, An Act for the more effectual putting in Execution an Act, intituled, An Act for prohibiting all Trade and Commerce with France, with an Amendment: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

And the said Amendment being read, it was as followeth;

2 Press, Line 4, after "by," add "or."

Which being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

Ordered, That Major Vincent do carry the said Bill to the Lords; and acquaint them, That this House hath agreed to the said Amendment.

Conference with Lords.

Mr. Harcourt reports, That the Lords do agree to a Conference, as was desired; and do appoint a present Conference in the Painted Chamber.

Ordered, That Mr. Chancellor of Exchequer, Sir Jos. Williamson, Sir Chr. Musgrave, Mr. Harcourt, Mr. Dolben, Mr. Pelham, Lord Commissioner Hutchins, Sir Cha. Littleton, Sir Rob. Cotton, Colonel Birch, Sir Math. Andrews, Sir R. Temple, Serjeant Wogan, Mr. Godolphin, Mr. Paul Foley, Sir Rob. Howard, do manage the said Conference.

And the Managers went to the Conference accordingly: And being returned;

Mr. Harcourt reports from the Conference, That the Managers attended the same; and acquainted the Lords, That this House had agreed to all the Amendments and Clauses, except Clause B; and left the Bill and Amendments with the Lords.

Employment of the Poor.

A Bill for setting the Poor on Work, was read the First time.

Resolved, That the Bill be read a Second time.

Supply Bill; Excise.

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

Mr. Speaker, The Lords have agreed to the Bill, sent up from this House, intituled, An Act for granting to their Majesties several additional Duties of Excise upon Beer, Ale, and other Liquors, for Four Years, from the Time that an Act for doubling the Duty of Excise upon Beer, Ale, and other Liquors, during the Space of One Year, doth expire, without any Amendments.

Lords desire a Conference.

Also, the Lords desire a present Conference, in the Painted Chamber, upon the Subject Matter of the last Conference.

And then the Messengers withdrew.

Resolved, That this House doth agree to a present Conference with the Lords, as they desire.

And the Messengers being called in again; Mr. Speaker acquainted them therewith.

Ordered, That the Members who managed the last Conference do manage this Conference.

And the Managers went to the Conference accordingly: And being returned;

Mr. Harcourt reports from the Conference, That the Duke of Bolton managed the same, on Behalf of the Lords; and said, That the Lords do insist upon the said Clause B.

Then an Amendment was proposed to be made to the Clause, by leaving out from "shall," in Line 7, to "Three," in Line last; viz. these Words, "forfeit Ten Pounds; One third Part thereof to the Informer; One other Third Part to the Poor of the Parish; and the other Third Part to be paid into the Chest at Chatham: And, for want of sufficient Distress, the Parties offending, to be sent by any one Justice of the Peace, to the House of Correction, to be kept to hard Labour for;" and, instead thereof, to insert these Words, "due Proof thereof being made, upon Oath, before any Justice of the Peace of any County or Place where such Offence shall be committed, suffer Imprisonment, without Bail or Mainprise, for the Space of."

And the said Amendment was, upon the Question put thereupon, agreed unto by the House.

Ordered, That Mr. Harcourt do go to the Lords; and desire a Conference upon the Subject Matter of the last Conference.

Privilege-Petition from persons in custody.

A Petition of Maurice Rawson, and Thomas Rawson, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against Colonel Webb, a Member of this House, was read; whereby they made an humble Acknowlegement of their Offence; and prayed to be discharged.

Ordered, That they be brought to the Bar, in order to their Discharge.

And they were brought to the Bar accordingly: And, having received a Reprimand, upon their Knees, from Mr. Speaker;

Ordered, That the said Maurice Rawson and Thomas Rawson be discharged out of Custody, paying their Fees.

Conference with Lords.

Mr. Harcourt reports, That the Lords do agree to a Conference, as is desired; and do appoint a Conference in the Painted Chamber.

Ordered, That the Members that managed the last Conference do manage this Conference.

And accordingly the Managers went to the Conference: And being returned;

Mr. Harcourt reports from the Conference, That the Managers appointed had acquainted the Lords with the said Amendment made by this House to the said Clause; and had left the Bill and Clause, and Amendment, with the Lords.

Lords desire a Conference.

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

Mr. Speaker, The Lords desire a present Conference in the Painted Chamber, upon the Subject Matter of the last Conference.

And then the Messengers withdrew.

Resolved, That the House do agree to a present Conference, as is desired.

And the Messengers being called in again; Mr. Speaker acquainted them therewith.

Ordered, That the Members that managed the last Conference do manage this Conference.

And the Managers went to the Conference accordingly: And being returned;

Mr. Dalben reports from the Conference, That the Duke of Bolton managed the same on Behalf of the Lords; and acquainted them, That the Lords do adhere to the said Clause B; Because the Penalty proposed therein, and sent down by the Lords, being distributed to the Informer, Poor of the Parish, and the Chest at Chatham, it makes it the Interest of all those Parties to discover any Concealments or Harbouring of Seamen, they being all to partake of the Benefit of that Penalty: But the sending of such as conceal or harbour Seamen to Prison only, will make Men less careful in making Discoveries, when they are to receive no Benefit thereby; and may tend rather to fill the Gaols with Prisoners, than the Fleet with Seamen; and, if one Seaman conceal another, the one of them, at least, cannot go to Sea for Three Months.

Resolved, That this House doth adhere to their Amendments made to the said Clause.

Ordered, That Mr. Dolben do go to the Lords; and desire a Conference upon the Subject Matter of the last Conference.

Ordered, That the Proceedings touching the said Conference be entered upon the Books.

Royal Assent to Bills.

A Message from his Majesty, by Sir Tho. Duppa, Gentleman Usher of the Black Rod;

Mr. Speaker,

This King commands this honourable House to attend his Majesty in the House of Peers.

And accordingly Mr. Speaker, with the House, went to attend his Majesty: And being returned;

Mr. Speaker reports, That his Majesty had been pleased to give the Royal Assent to these several Bills following; viz.

An Act for appointing and enabling Commissioners to examine, take, and state, the publick Accompts of the Kingdom.

An Act for the Raising of the Militia of this Kingdom for the Year 1691, although the Month's Pay, formerly advanced, be not repaid.

An Act for Relief of poor Prisoners for Debt or Damages.

An Act for preventing vexatious Suits against such as acted for their Majesties Service in Defence of the Kingdom.

An Act for the encouraging the Distilling of Brandy, and Spirits from Corn; and for laying several Duties upon Low Wines, and Spirits of the first Extraction.

An Act for granting to their Majesties several additional Duties of Excise upon Beer, Ale, and other Liquors, for Four Years, from the Time that an Act for doubling the Duty of Excise upon Beer, Ale, and other Liquors, during the Space of One Year, doth expire.

An Act for the more effectual putting in Execution an Act, intituled, An Act for prohibiting all Trade and Commerce with France.

An Act to enable Thomas Earl of Ailesbury, and Eliz. Countess of Ailesbury, his Wife, to make Provision for Payment of Debts, and to make Leases of their Estates.

An Act for incorporating the Proprietors of the Waterworks in York Buildings; and for the encouraging, carrying on, and settling the said Waterworks.

An Act to enable John Rosseter, Esquire, to sell Lands, for Payment of Debts.

An Act for vesting certain Lands, the Estate of Thomas Manwaireing, Gentleman, in Trustees, to be sold for Payment of Debts.

The King's Speech.

And that afterwards, his Majesty was pleased to make a Gracious Speech to both Houses of Parliament, as followeth; viz.

My Lords and Gentlemen,

HAVING lately told you, That it would be necessary for me to go into Holland much about this Time, I am very glad to find, that the Success of your Endeavours to bring this Session to a happy Conclusion, has been such, that I am now at Liberty to do it: And I return you My hearty Thanks for the great Dispatch you have made in finishing the Supplies you have designed for carrying on the War: Which it shall be My Care to see duly and punctually applied to that Service for which you have given them. And I do likewise think it proper to assure you, That I shall not make any Grant of the forfeited Lands in England or Ireland, till there be another Opportunity of settling that matter in Parliament in such manner as shall be thought most expedient.

My Lords and Gentlemen,

As I have reason to be very well satisfied with the Proofs you have given me of your good Affection in this Session of Parliament, so I promise Myself the Continuance of the same at your Return into your several Countries: And as every Day produces still fresh Instances of the Restlessness of our Enemies both at Home and Abroad, in designing against the Prosperity of this Nation and the Government established; so I do not doubt but that the Union and good Correspondence between Me and My Parliament, and My earnest and constant Endeavours for your Preservation on the one hand, joined with the Continuance of your Zeal and Affection to support me on the other, will, by the Blessing of God, be at all times too strong for the utmost Malice and Contrivance of our common Enemies.

Adjournment.

And that, afterwards, the Lord Chief Baron of the Court of Exchequer declared to both Houses, That it was his Majesty's Pleasure, That both Houses should adjourn themselves until the One-and-thirtieth Day of March next ensuing; and that if his Majesty should think fit, That the Parliament should then sit to do Business, his Majesty would give notice thereof by his Royal Proclamation.

Resolved, That this House do now adjourn until the One-and-thirtieth Day of March next ensuing.

And accordingly the House did adjourn until the Oneand-thirtieth Day of March next ensuing.