House of Commons Journal Volume 10: 23 December 1692

Veneris, 23 die Decembris; 4° Gulielmi et Mariæ.

Prayers.

Sale of Lands in Lincolne, &c.

AN ingrossed Bill from the Lords, intituled, An Act for clearing and removing some Doubts, which may arise in an Act of Parliament, intituled, An Act for the vesting several Manors, Lands, and Rents, in the Counties of Lincolne, Berks, and Devon, in Trustees, to be sold for the buying other Manors and Lands to be settled for the the same, or the like Uses as these to be sold are now settled, was read the First time.

Resolved, That the Bill be read a Second time.

Hawley's Estate.

An ingrossed Bill from the Lords, intituled, An Act for vesting the Estate, Real and Personal, late of Henry Hawley, in Trustees, to be sold, or otherwise disposed of, for the Benefit of his Daughters and Heirs, Susanna and Mary, who are Minors, was read the Second time.

Resolved, That the Bill be committed to Mr. Hawtry, Sir Robert Jenkinson, Mr. Hopkins, Mr. Biddulph, Sir Orlando Gee, Sir Edward Hussey, Mr. Perry, Sir Cha. Bloys, Mr. Chetwyn, Sir Sam. Dashwood, Sir Rich. Onslow, Mr. Waller, Serjeant Thurborne, Mr. Ryder, Mr. Piggott, Mr. Lutterell, Mr. Brewer, Sir Francis Massam, Mr. Cooke, Mr. Christie, Sir James Rushout, Sir Ralph Dutton, Mr. Gwyn, Mr. Cheyney, Mr. Goldwell, Mr. Wharton, Mr. White, Mr. Serjeant Wogan, Mr. Burdet, Mr. Harcourt, Mr. Arnold, Mr. England, Mr. Blowfield, Mr. Stratford, Mr. Trenchard, Mr. Osbourne, Sir Cha. Cartwright, Sir Wm. Whitlock, Mr. Clarke: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Eyre's Estate.

Sir Edward Hussey reported from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for the Sale of the Estate of Anth. Eyre, Esquire, deceased, for Payment of his Debts, and Portions for his Children, was committed, That they had directed him to report the same to the House, without any Amendments: And he delivered the same in at the Table.

Expiring Laws.

Mr. Attorney General reported from the Committee, appointed to inspect what Laws are lately expired, and expiring, and what Laws are fit to be revived, and further continued, and to report their Opinions therein to the House, That they had considered the Matter to them referred; and had come to several Resolutions; which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were read; and are as followeth; viz.

Resolved, That it is the Opinion of this Committee, That the Act made in the Thirteenth and Fourteenth Years of King Charles the Second, intituled, An Act for providing of Carriage, by Land and by Water, for the Use of his Majesty's Navy and Ordnance (which, by another Act made in the First Year of the late King James, was continued for Seven Years from the Twenty-fourth of June 1685, and from thence to the End of the First Session of Parliament, and no longer,) which will expire at the End of this Session of Parliament, be continued.

Resolved, That it is the Opinion of this Committee, That the Act for Encouraging of Coinage, made in the Eighteenth Year of the Reign of King Charles the Second, (which was continued by another Act made in the Twenty-fifth Year of his Reign, for Seven Years, from the Determination of that Session, and from thence to the End of the First Session of Parliament, and no longer; and, by an Act made in the First Year of the late King James, revived, and continued for Seven Years, from the First of August 1685, and from thence to the End of the First Session of Parliament, and no longer), and which will expire at the End of this Session of Parliament, be continued.

Resolved, That it is the Opinion of this Committee, That the Act made in the Twenty-second and Twentythird Years of the Reign of King Charles the Second, intituled, An Act for the better and more certain Recovery of Fines and Forfeitures due to his Majesty (which, by another Act made in the First Year of the late King James, was continued, from the Nineteenth of May 1685, for Seven Years, and from thence to the End of the next Session of Parliament), be made perpetual: And that a Clause be added, impowering and requiring the Barons of the Court of Exchequer to administer an Oath to all Clerks and Officers, to whom it belongs, to make Returns of Estreats into the said Court, touching the Truth of such Estreats.

Resolved, That it is the Opinion of this Committee, That the Act made in the Twenty-second and Twentythird Years of King Charles the Second, intituled, An Act to prevent the planting Tobacco in England, and for regulating the Plantation Trade (which, by another Act, made in the First Year of the late King James, was continued from the Nineteenth of May 1685, for Seven Years, and from thence to the End of the next Session of Parliament), be continued.

Resolved, That it is the Opinion of this Committee, That the Act made in the Nineteenth Year of King Charles the Second, intituled, An Act for assigning Orders in the Exchequer, without Revocation (which, by an Act made in the Reign of the late King James, was continued, for Seven Years, from the Nineteenth Day of May 1685, and from thence to the End of the next Session of Parliament), be continued.

Resolved, That it is the Opinion of this Committee, That the Act made the Twenty-second and Twentythird of King Charles the Second, intituled, An Act to revive an Act, intituled, An Act to prevent the Disturbance of Seamen, and others, and to preserve the Stores belonging to his Majesty's Navy Royal, with some Alterations and Additions (which, by an Act made in the First Year of the Reign of the late King James, was continued, from the Nineteenth of May 1685, for Seven Years, and from thence to the End of the next Session of Parliament,) be continued.

Expiring Laws.

Resolved, That it is the Opinion of this Committee, That the Act made in the Thirtieth Year of King Charles the Second, intituled, An Act to enable Creditors: to recover their Debts of Executors, and Administrators of Executors, in their own Wrong (which, by an Act made in the First Year of the late King James was continued from the Nineteenth of May 1685, for Seven Years, and from thence to the End of the First Session of the next Parliament), be made perpetual.

Resolved, That it is the Opinion of this Committee, That the Act made in the Thirteenth and Fourteenth Year of King Charles the Second, intituled, An Act for preventing Abuses in printing seditious, treasonable, and unlicensed Books and Pamphlets, and for Regulating of Printing and Printing Presses (which, by an Act made in the First Year of the late King James's Reign, was revived, and Enacted to continue in Force from the Twentyfourth June 1685, for Seven Years, from thence to the End of the next Session of Parliament, and which will expire at the End of this Session), be continued.

Resolved, That it is the Opinion of this Committee, That the Act made in the Thirteenth and Fourteenth Years of King Charles the Second, intituled, An Act for the better Relief of the Poor of this Kingdom (which, except what related to the Corporation therein mentioned, was, by an Act made in the First Year of the late King James, Enacted to be in Force from the First of May 1685, for Seven Years, and from thence to the End of the next Session of Parliament; and which, by an Act of the last Session of this present Parliament, as to what therein related to the Settlement of the Poor, was Enacted to be in Force from the First of March 1691; but no Provision being made thereby as to the other Parts of the said Act, which relate to the apprehending and punishing Rogues and Vagabonds, and the Proceedings against the putative Fathers of Bastard Children), be, as to all other Parts thereof, except what relates to the Corporation, therein mentioned, and thereby constituted, revived and continued.

Resolved, That it is the Opinion of this Committee, That the Act made the First Year of their Majesties Reign, intituled, An Act for prohibiting all Trade and Commerce with France; as likewise another Act made in the Second Year of their Majesties Reign, intituled, An Act for the more effectual putting the last-mentioned Act in Execution (both which Acts will expire at the End of this Session); be continued.

Resolved, That it is the Opinion of this Committee, That the Act made in the First Year of their Majesties Reign, intituled, An Act for the better preventing the Exportation of Wool, and encouraging the Woolen Manufactures of this Kingdom (which was to continue for Three Years, and from thence to the End of the next Session of Parliament; and which will expire at the End of this Session), be continued; except that Part of the Act which relates to the free Exportation of the Woolen Manufacture, which is under the Consideration of the House by another Bill.

And that, as to the Act made in the Twenty-second and Twenty-third of King Charles the Second, intituled, An Act to prevent Frauds in the Buying and Selling of Cattle in Smithfield (which, in the First Year of the late King James, was continued from the Twenty-fourth of June 1685, for Seven Years, and from thence to the End of the next Session of Parliament, with a Proviso not to extend to Salesmen or Factors employed by Farmers or Feeders); the Committee submit the same to the Consideration of the House.

And that, as to the Act made in the Third Year of their Majesties Reign, intituled, An Act for raising the Militia of this Kingdom for the Year 1692, although the Month's Pay formerly advanced be not repaid, and which will expire the Twenty-fifth of March 1693; the Committee do humbly offer the same to the Consideration of the House.

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

Resolved, That the Act made in the Twenty-second and Twenty-third Year of King Charles the Second, intituled, An Act to prevent Frauds in the Buying and Selling of Cattle in Smithfield, be continued.

Ordered, That a Bill be brought in for the Reviving and Continuing of the said several Acts, according to the said Resolutions: And that Mr. Attorney General do prepare and bring in the said Bill: And that he do also prepare and bring in a Clause for the better Encouraging of Privateers, which may be consistent with the Act for prohibiting Trade and Commerce with France: And also that he do prepare and bring in a Clause for the making the Act for enabling Creditors to recover their Debts of Executors, and Administrators of Executors, more effectual.

Militia.

Ordered, That a Bill be brought in for the raising the Militia of this Kingdom for the Year 1693, although the Month's Pay formerly advanced be not repaid: And that Mr. Attorney General do prepare and bring in the said Bill.

Supply Bill; Land Tax.

Then the Bill for granting to their Majesties an Aid of Four Shillings in the Pound for One Year, was, according to the Order of the Day, read the Second time.

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

A Motion being made, and the Question being proposed, That the House will, upon Friday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the said Bill;

The Question was put, That the Question be now put.

The House divided.

The Yeas go forth.

So it passed in the Negative.

Resolved, That this House will, upon Wednesday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the said Bill.

Macclesfeild's Estate.

A Message from the Lords, by Sir Miles Cook and Sir James Astry;

Mr. Speaker, The Lords have passed a Bill, intituled, An Act to enable Ralph Macclesfeild to sell Lands for Payment of Debts, and making Provision for his Wife and Children: To which they desire the Concurrence of this House.

Powell's Estate.

Also a Bill, intituled, An Act for the settling the Manor of Kingsnoth, for the enabling Barnham Powell, Esquire, to make Provision for his younger Children: To which they also desire the Concurrence of this House.

And then the Messengers withdrew.

Privilege of Members in Suits.

Mr. John How, according to the Order of the Day, reported from the Committee appointed to consider how the Privileges of the Members of this House, in relation to Suits in Law and Equity, may be regulated and limited, and to report their Opinions therein to the House, That they had considered of the Matter to them referred; and had agreed upon several Resolutions; which they had directed him to report to the House: And which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as followeth; viz.

Resolved, That it is the Opinion of this Committee, That every Member of this House enjoy the Privilege of his Person, against Arrests and Imprisonments, in such Manner as has been heretofore used and accustomed.

Resolved, That it is the Opinion of this Committee, That no Member have any Privilege (except Personal) against a Commoner, in any Suit or Proceedings in Courts of Law or Equity, for any longer Time than the House shall be actually sitting for the Dispatch of Business in Parliament.

Resolved, That it is the Opinion of this Committee, That a Commoner have at all times Liberty to file an Original, a Bill of Middlesex, Latitat, or Quominus; or make an Entry to save a Right, in order to prevent a Bar, by the Statutes of Limitations, against any Member of this House, notwithstanding any Privilege whatsoever.

Resolved, That it is the Opinion of this Committee, That if any Member shall, upon Notice in Writing, refuse to give an Appearance to any Action whatsoever brought against him by a Commoner at any time (except when the House shall be actually sitting, as aforesaid) the Plaintiff, in such Action, shall have Liberty to complain thereof, by Petition, in the next Session of Parliament.

Resolved, That it is the Opinion of this Committee, That a Commoner have at all times Liberty to exhibit any Bill in Equity against any Member of this House, to examine Witnesses thereupon, in order only to preserve their Testimony; notwithstanding any Privilege whatsoever.

Resolved, That it is the Opinion of this Committee, That no Servant of any Member shall at any time have any Privilege, against any Suit or Proceeding in Law or Equity, brought by a Commoner against him, except only as to the arresting and imprisoning his Person during the actual Sitting of Parliament for the Dispatch of Business, as aforesaid.

Resolved, That it is the Opinion of this Committee, That the meeting of the House at any time, in order only to an Adjournment or Prorogation, shall not be understood or interpreted to give any other than personal Privilege to any Member, against a Commoner.

Resolved, That this House will, upon Friday Morning next, take the said Report into Consideration.

Adjournment.

Resolved, That the House do adjourn until Wednesday next.

And then the House adjourned till Wednesday Morning next, Nine a Clock, accordingly.