House of Commons Journal Volume 10: 2 January 1693

Lunæ, 2 die Januarii; 4° Gulielmi et Mariæ.

Prayers.

Malicious Informations.

AN ingrossed Bill to prevent malicious Informations in the Court of King's Bench, and for the more easy Reversal of Outlawries in the same Court, was read the Third time.

An ingrossed Proviso was offered, as a Rider, to the Bill; That the same should not extend to Informations by the Attorney General.

And the same was thrice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Resolved, That the Bill do pass: And that the Title be, An Act to prevent malicious Informations in the Court of King's Bench, and for the more easy Reversal of Outlawries in the same Court.

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

Osbaston's Estate.

A Petition of Ann Osbaston, Daughter of Henry Osbaston, Gentleman, deceased, by Ann her Mother, was read; setting forth, That Francis Osbaston, Esquire, deceased, the Petitioner's Uncle, by his last Will, gave to his Daughter Mary Ten thousand Pounds for her Portion, to be paid at her Age of Sixteen, or Day of Marriage, she releasing to his Brother Hen. (the Petitioner's said Father) all her Right to his Copyhold Lands: And willed, that his Brother Hen. should pay Two hundred Pounds per Annum for his Daughter's Maintenance, Four hundred Pounds per Annum to his Wife for her Life, and pay all his Debts: And, upon those Considerations, he gave to him, and his Heirs, all his Manors and Lands in England; and, soon after, died: That Henry, by his Will 28 June 1684, devised, That all the Estate of his Brother Francis, after his Niece Mary Osbaston should attain the Age of Sixteen Years, or be married, should be sold for Performance of the Devises of his Brother's Will; and willed the Overplus to the Petitioner, and her Sister Sarah, since deceased: That the said Mary will attain her Age of Sixteen the Tenth of this Instant January; and her said Portion will then grow due, but cannot be paid but by Sale of the said Estate: That, for want of Surrenders to the Use of the Will of the said Henry, the Copyhold Estate is descended unto his Daughter Mary; though, by his Will, she was to release her Right thereto, on Payment of her said Portion: That the Copyhold Premises cannot be sold, nor the other Estate disposed of to the best Advantage, without the Assistance of the House, by reason the Petitioner, and the said Mary are Infants: And praying Leave to bring in a Bill for Sale of the Estate of the said Francis Osbaston, for raising the said Ten thousand Pounds Portion to the said Mary Osbaston, and Arrears of the several Annuities of Two hundred Pounds and Four hundred Pounds per Annum charged thereupon, and of the Debts of the said Francis Osbaston.

Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Regulating Servants.

Ordered, That Leave be given to bring in a Bill for the better Regulating of Servants, and preventing Inconveniences arising by idle and disorderly Servants, and other Persons: And that Mr. Serjeant Wogan and Mr. Chadwick do prepare and bring in the said Bill.

Militia.

A Bill for raising the Militia of this Kingdom for the Year 1693, although the Month's Pay formerly advanced be not repaid, was read the Second time.

Resolved, That the Bill be committed, upon the Debate of the House, unto Sir John Guise, Mr. Brewer, Mr. Ryder, Mr. Gwynn, Mr. Slater, Mr. Hobby, Mr. Goldwell, Mr. Thornhaugh, Mr. Pollen, Lord Coningsby, Mr. How, Sir John Wynn, Sir Walt. Young, Sir Jerv. Elwes, Mr. Hutchinson, Colonel Beaumont, Mr. Blowfeild, Major Vincent, Mr. White, Sir Tho. Mompesson, Mr. Foley, Mr. Clark, Mr. Freeman, Mr. Perry, Mr. Chadwick, Sir Franc. Blake, Mr. Arnold, Sir John Moreton, Mr. Piggott, Mr. Waller, Mr. Hawtry, Sir Wm. York, Sir Robert Jenkinson, Sir Rich. Onslow, Mr. Burdet, Mr. Bowyer, Mr. Speke, Mr. Fuller, Sir Fr. Guibon, Sir Tho. Littleton, Mr. Travers, Sir Wm. Honywood, Mr. Cook, Mr. Bulkley, Mr. Lutterell, Mr. Harley, Sir Robert Edon, Mr. Fawkes, Sir John Key, Lord Sherrard, Colonel Kirkby, Mr. Smith, Mr. Shackerly: And all that come are to have Voices: And they are to meet this Afternoon, at Four a Clock, in the Speaker's Chamber.

Conference agreed to.

Resolved, That this House doth agree to a free Conference with the Lords, upon the Subject Matter of the last Conference.

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

Ordered, That Admiral Russell, Sir Jos. Tredenham, Sir John Dorrell, Mr. Finch, Mr. Boscowen, Sir Walter Young, Colonel Titus, Mr. Comptroller, Colonel Churchill, be added to the Managers.

Ordered, That the Managers do meet this Afternoon, at Four a Clock, in the Speaker's Chamber; and prepare themselves for the said free Conference.

Ordered, That Colonel Granvile do go to the Lords To-morrow Morning; and acquaint them, That this House doth agree to the said free Conference.

Call of the House.

Then a Motion being made, and the Question put, That the House be now called over, according to the Order of the Day;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Then the House was called over: And such as made Default were noted down, and called over again; and several of them were excused.

Ordered, That Sir Mark Milbank, Baronet, Henry Dawny, Esquire, John Bence, Esquire, Sir Tho. Miller, Knight, James Butler, Esquire, and Henry Pelham, Esquire, be sent for in Custody of the Serjeant at Arms attending this House, for absenting themselves from the Service of the House.

Ordered, That no Member of this House do presume to leave the Service of the House, without Leave first had for the same, upon Pain of being sent for in Custody of the Serjeant at Arms attending this House.

Ordered, That the House be called over again upon This-day-fortnight: And that such Members as shall not then attend the Service of the House be sent for in Custody of the Serjeant at Arms.

Supply Bill; Land Tax.

Then the House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider farther of the Bill for granting to their Majesties an Aid of Four Shillings in the Pound for One Year.

Mr. Speaker left the Chair.
Mr. Attorney General took the Chair of the Committee.
Mr. Speaker resumed the Chair.

Mr. Attorney General reported from the said Committee, That they had made a further Progress in the Matter to them referred; and had directed him to move That they may have Leave to sit again.

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

Ordered, That Mr. Attorney General do prepare a Borrowing Clause, to be added to the said Bill; and present the same to the said Committee.

Privileges of Members in Suits.

Resolved, That this House will, upon Thursday Morning next, at Eleven a Clock, take into Consideration the Report 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.

Committees.

Ordered, That all Committees be adjourned, except the Committee of Managers of the free Conference.

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