House of Commons Journal Volume 10: 13 March 1693

Lunæ, 13 die Martii; 5° Gulielmi et Mariæ.

Prayers.

A MESSAGE from the Lords, by Sir Miles Cook and Sir John Franklyn;

Mr. Speaker,

Prohibiting Trade with France.

The Lords have agreed to the Bill, intituled, An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers, with some Amendments: To which they desire the Concurrence of this House.

Discovering Judgments.

Also the Lords have agreed to the Bill, intituled, An Act for the better Discovery of Judgments in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster, with some Amendments: To which they desire the Concurrence of this House.

Crown Office Proceedings.

Also the Lords have agreed to the Bill, intituled, An Act for regulating Proceedings in the Crown Office in the Court of King's Bench, with some Amendments: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Ditto.

Then the House proceeded to take into Consideration the Amendments made by the Lords to the Bill, intituled, An Act for regulating the Proceedings in the Crown Office of the Court of King's Bench.

And the same were twice read; and, upon the Question severally put thereupon, agreed unto by the House; and are as followeth; viz.

Press 2. L. 46. leave out to the End of the Bill, and add the Clause marked [B], "That this Act shall continue, and be in Force, for Three Years, from the Twenty-fifth of March 1693, and from thence to the End of the next Session of Parliament, and no longer."

Ordered, That Mr. Waller do carry the Bill to the Lords; and acquaint them, That this House hath agreed to the said Amendments.

Discovering Judgments.

Then the House proceeded to take into Consideration the Amendments made by the Lords to the Bill, intituled, An Act for better Discovery of Judgments in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster.

And the same were twice read; and are as followeth; viz.

Press 2. L. 27. and 28. leave out "for ever."

At the End of the Bill add the Clause marked [A], "That this Act shall continue, and be in Force, for one Year, from the Twenty-fifth Day of March 1693, and from thence to the End of the next Session of Parliament, and no longer."

And several Amendments being proposed to be made to the Bill; viz.

Press 1. L. 8. to leave out "for ever;"

Pr. 2. L. 18. to leave out "for ever;"

The same were, upon the Question severally put thereupon, agreed unto by the House.

Resolved, That this House doth agree with the Lords in the said Amendments made by their Lordships, with the said Amendments.

Ordered, That Mr. Waller do carry the Bill to the Lords; and acquaint them, That this House hath agreed to the said Amendments made by their Lordships, with the said Amendments made by this House: To which Amendments the House desires their Lordships Concurrence.

Prohibiting Trade with France.

Then the House proceeded to take into Consideration the Amendments made by the Lords . . . . . . . . . intituled, An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for Encouragement of Privateers.

And the same were read; and are as followeth; viz.

Pr. 1. L. 18. after "Years," add "if the present War with France shall so long last."

Pr. 2. L. 14. after "Price," add "except where it shall appear to the Judge of the Admiralty, that the Goods taken are perishable: In which Case the said Judge shall take Bail for such Goods, in order to the Sale thereof, in the same manner as he might have done before the making this Act; yet so as to be subject to such Distribution as is particularly provided by this Act."

Pr. 7. L. 2. leave out "Commissioners for Prizes out of their Majesties Share of Prizes;" and read "Collector of their Majesties Customs in any Port, upon due Proof made of the same, before the chief Magistrate of the said Port; and insert the Clause marked [A].

"Provided always, and be it Enacted, That if the Collector of the Customs shall not pay any Sum or Sums of Money, payable to the Persons interested in private Men of War, for the Reward hereby given them of Ten Pounds a Gun, by the Space of Three Days after the same ought, by the true Intent of this Act, to be paid, and Demand thereof made, free of all Charges, Fees, and Deductions whatsoever, or give a Bill payable upon the Custom House in London for the same; in such case the said Collector shall be made incapable of any Office in their Majesties Service for the future."

The First Amendment being read a Second time;

The same was, upon the Question put thereupon, agreed unto by the House.

The Second Amendment being read a Second time;

An Amendment was proposed to be made of the said Amendment, by leaving out "in the same manner:"

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

Another Amendment was proposed to be made of the said Amendment, by adding after "such," these Words, "manner of Sale, and:"

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

Resolved, That this House doth agree with the Lords in the said Amendments, with the said Amendments made by this House.

The Third Amendment, made by the Lords, being read a Second time;

And the Question being put, That this House do agree with the Lords in the said Amendment;

It passed in the Negative.

Ordered, That Sir Chr. Musgrave, Lord Colchester, Mr. P. Foley, Mr. Clark, Mr. Herbert, Mr. Granville, Sir Edward Seymour, Mr. Montague, Mr. Hampden, Mr. Hopkins, Mr. Harley, Sir Richard Temple, Mr. Palmes, Mr. Boscowen, Sir John Guise, Colonel Austyn, Mr. Gwynn, Colonel Titus, Mr. Attorney General, Sir H. Goodrick, Lord Pawlett, Mr. Bertie, do withdraw into the Speaker's Chamber; and prepare Reasons to be offered at the Conference with the Lords, for disagreeing to the said Amendment.

The last Amendment, Clause [A], being read a Second time;

Several Amendments were proposed to be made therein, as followeth; viz.

L. 1. after "be," and before "Enacted," to insert, "it."

L. 2. to leave out "Collector of the Customs;" and insert "Commissioners for Prizes."

L. 3. after "Money," to insert "or give a Bill or Bills;" and, after "payable," to insert "out of the first Money that shall come to their Hands."

L. 11, 12, to leave out "or give a Bill payable upon the Custom House in London for the same."

L. 13. to leave out "Collector;" and insert "Commissioners."

And the same were, upon the Question severally put thereupon, agreed unto by the House.

Resolved, That this House doth agree with the Lords, in the said Amendment, by adding Clause [A], with the said Amendments made by this House.

Discovering Judgments.

A Message from the Lords by Sir John Hoskyns and Sir Robert Legard;

Mr. Speaker,

The Lords have agreed to the Amendments made by this House to the Amendments made by the Lords to the Bill, intituled, An Act for the better Discovery of Judgments in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster.

And then the Messengers withdrew.

Prohibiting Trade with France.

Mr. Attorney General reported, That the Members appointed to withdraw, had prepared Reasons accordingly; 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 agreed unto by the House; and are as follow; viz.

1. That the Reward mentioned in the Clause to which your Lordships Amendment, in the Seventh Press, Line the Second, does relate, being for Prizes taken, it is most proper that it should be paid out of Prizes.

2. That, by a Bill sent up by the Commons, and agreed to by your Lordships, the Customs of all Prize Goods ar appropriated to other Uses.

3. That the other Branches of the Customs are already appropriated or charged.

4. That, by the Amendments proposed by the Commons to Clause [A], there is sufficient Care taken, that the Persons interested in private Men of War, should receive the Reward intended.

Conference desired with Lords.

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

Ordered, That Mr. Attorney General do go to the Lords; and desire the said Conference.

Privilege.

Mr. Culliford, a Member of this House, attending in his Place;

Ordered, That the said Mr. Culliford have the Leave of this House to wave his Privilege.

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