House of Commons Journal Volume 11: 7 April 1696

Martis, 7 die Aprilis;

8 Gulielmi Tertii.

Prayers.

Privilege of a Member in a Suit.

Apetition of Robert Hookes Esquire was presented to the House:

And the same relating to Sir Thomas Estcourt, a Member of the House; who not being in the House;

Ordered, That Sir Thomas Estcourt do attend, in his Place, upon this Day Sevennight: And that the Petition be then read.

Earl of Torrington's Grant in Bedford Level.

Ordered, That the Report from the Committee, to whom the Bill for confirming a Grant, under the Great Seal of England, to Arthur Earl of Torrington, by King William and Queen Mary, of several Parcels of Land, Part of the great Level of the Fens, called Bedford Level; and for the better enabling the said Earl to recover the Arrears of Rent, and Mesne Profits; was committed; be made upon Thursday Morning next.

Linen Manufacture.

Ordered, That the Bill for encouraging the Linen Manufacture of Ireland; and the bringing in Hemp and Flax, be read a Second time upon Thursday Morning next.

Supply Bill; Post Office.

Sir Robert Cotton, according to Order, presented to the House a Bill for supplying several Defects in the Acts for erecting and establishing a Post-Office.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Laws respecting Marriages.

Ordered, That a Bill be brought in to enforce the Law for restraining Marriages without Licences; and also to enforce the registering the Births of Children: And that Colonel Perry and Mr. Farrer do prepare, and bring in, the Bill.

Claims of Excise Revenue.

A Petition of Sir Jeremiah Snow Baronet, Jos. Hornby, Thomas Smith, Esquires, Robert Williamson, and Richard Poole, in behalf of themselves, and others, was presented to the House, and read; setting forth, That the Petitioners are legally intitled, by several Letters Patents under the Great Seal of England, to several yearly Payments, purchased for valuable Considerations, out of the Revenue of the Hereditary Excise: That the Petitioners have, after a chargeable Prosecution, obtained Judgments in the Exchequer, for the Payment of the Petitioners Demands; and although Writs of Error have been brought thereon, yet the Judges assitant to the now Lord Keeper have declared the Law to be for the Petitioners; and the Lord Keepers Judgment is expected therein the next Term: That in the Bill now depending in the House, for laying several Duties on Low Wines, or Spirits, of the first Extraction: and for preventing the Frauds and Abuses of Brewers, Distillers, and other Persons chargeable with the Duties of Excise; there is a Clause for charging the said Hereditary Excise with several great Loans, without any Saving for the Petitioners; as if the said Revenue had stood clear from the Petitioners, or any other Debts; to the manifest Subversion of their Right, as they conceive: And praying, That they may be heard, as to such Part of the said Bill as may prejudice the Petitioners legal Proceedings for Recovery of their said just Rights.

And a Motion being made, and the Question being put, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the said Bill is committed;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Resolved, That the Consideration of the said Petition be referred to a Committee: And that they do examine the Matter thereof; and report the same to the House:

And it is referred to Mr. Norris, Mr. Bickerstaffe, Sir Chr. Musgrove, Sir Richard Temple, Mr. Smith, Mr. Gwynn, Sir Marm. Wivell, Mr. Blathwaite, Sir Robert Davers, Lord Coningsby, Sir Hen. Colt, Sir Jos. Tyly, Lord Ranelagh, Sir John Kay, Sir Henry Goff, Sir Cha. Carteret, Mr. Sandford, Mr. Hamond, Mr. Bridges, Sir John Parsons, Mr. Manly, Sir John Fleet, Mr. Clarke, Mr. Palmes, Mr. Duncomb, Mr. Hoare, Mr. Backwell, Mr. Sturt, Mr. Watlington, Colonel Perry, Mr. Boscawen, Sir Fra. Massam, Mr. Colt, Mr. Boyle, Mr. Fownes, Mr. Finch, Sir Wm. Cooper, Mr. Vaughan, Mr. Moore, Mr. England, Doctor Oxenden, Sir John Wolstenholme: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And are to sit de die in diem.

Leave of Absence.

Ordered, That Mr. Bethell have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Sir Henry Johnson have Leave to go in the Country, upon extraordinary Occasions.

Ordered, That Mr. Bennet have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Mr. Payne have Leave to go into the Country, upon extraordinary Occasions.

Claims on Post-Office Revenue.

A Petition of Richard Dashwood, George Dashwood, and Anne Dashwood, younger Children of George Dashwood Esquire, deceased, was presented to the House, and read; setting forth, That King Charles the Second, being impowered by Act of Parliament made in the 15th Year of his Reign, to charge the Profits arising from the Post-Office with any yearly Sum, not exceeding 5,382 l. 10s. did, by his Letters Patents, dated the 19th of January, in the 20th Year of his Reign, grant unto the Lord Viscount Grandison and Edward Villers, and their Heirs, the yearly Sum of 4,700 l. to be paid out of the said Revenue; which Grant was afterwards, by another Act made in the 22th and 23th of the said King, confirmed: That the said Lord Grandison and Mr. Villers, Names were only used, in Trust, for the Duchess of Cleveland, and her Heirs: And, by Indenture dated 22 Sept. 1683, the said Trustees did, by the Direction of the said Duchess, grant the said yearly Sum of 4,700 l. to the Executors of the Petitioners Father, and Trustees for the Petitioners, for the Consideration of 5,000 l. paid to the said Duchess; and afterwards the said Trustees lent 1,000 l. more to the Duchess upon the said Security: That the 6,000 l. is not paid, and the Interest is greatly in Arrear; and the Petitioners have no other Security for their Money, than as aforesaid: And, praying, That a Clause, in the Bill, now depending in the House, for laying several Duties on low Wines, or Spirits, of the first Extraction; and for preventing the Frauds and Abuses of Brewers, Distillers, and other Persons chargeable with the Duties of Excise; relating to the Post-Office; may not prejudice the Petitioners Claims to the Profits arising thereby.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the said Bill is committed.

Ditto.

A Petition of the Most Noble Barbara Duchess of Cleveland was presented to the House, and read; setting forth, That the Petitioner is legally intitled to the annual Sum of 4,700 l. arising out of the Profits of the Post-Office, by virtue of Letters Patents, made by King Charles the Second, to George Lord Viscount Grandison, and others, in Trust for the Petitioner, and confirmed to them by several Acts of Parliament: That the Petitioner has settled the said Annuity, by Moieties, after her Decease, upon the late Duke of Grafton, and the Duke of Northumberland, and the Reversion on the Crown: and upon which the Petitioner hath borrowed great Sums of Money: That there is a Bill depending in the House, for laying several Duties on low Wines, or Spirits, of the first Extraction; and for preventing the Frauds and Abuses of Brewers, Distillers, and other Persons chargeable with the Duties of Excise; . . . . may tend to the great Prejudice of the Petitioner, and her said Sons respective Rights, if it should pass into a Law, as it now stands: And praying, That she may be heard, by Counsel, at the Bar of the House, before the said Bill do pass.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the said Bill is committed.

A Message from the Lords, by Sir Miles Cooke and Sir Richard Holford:

Mr. Speaker,

Practisers of Law to take Oaths.

The Lords have agreed to the Bill, intituled, An Act requiring the Practisers of the Law to take the Oaths, and subscribe the Declaration, therein mentioned, without any Amendment.

And then the Messengers withdrew.

Security of King's Person.

Mr. Cooper, according to the Order of the Day, reported from the Committee of the whole House, to whom the Bill for the better Security of his Majesty's Royal Person, and Government, was committed, the Amendments made by the Committee to the said Bill; 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 once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, some of them agreed, and others disagreed unto by the House.

A Clause was offered, to be added to the Bill, with Blanks, That all Persons coming from France, without Licence from his Majesty under his Sign Manual, during the War, shall, upon Conviction, be adjudged guilty of High Treason:

And the same was twice read; and the Blanks filled up; and the Clause, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered, to be added to the Bill, That no Person refusing to take the Oaths to his Majesty, nor any Quaker refusing to subscribe the Declaration of Fidelity, shall, at the Request of a Candidate, be admitted to vote at any Election for Parliament-men:

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

Another Clause was offered, to be added to the Bill, relating to the Plantations:

And the same was twice read; and, by Leave of the House, withdrawn.

Another Clause was offered, to be added to the Bill, with Blanks, to detain in Custody any Person that shall be committed upon Information, upon Oath, unless such Person shall be bailed by Order of the PrivyCouncil:

And the same was twice read; and the Blanks filled up; and the Clause, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered, to be added to the Bill, That, after the Determination of the present Parliament, every Member of Parliament, hereafter chosen, shall sign the Association, when they take the Oath, and subscribe the Declaration; otherwise the Person refusing so to do, shall be disabled to sit, or vote, in the House of Commons, during that Parliament:

And the same was once read:

And the Question being put, That the Clause be read a Second time;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

The Clause was read a Second time:

An Amendment was proposed to be made, by inserting "a Member of the House of Peers, or:"

And the Question being put, That those Words be inserted into the Clause;

It passed in the Negative:

The Clause, being amended in other things, was, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered, to be added, with Blanks, That no Commission shall determine upon the Death of his Majesty, for Six Months after, unless the same be sooner made void by the next Successor to the Crown:

And the Clause was twice read; and the Blanks filled up; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered, to be added to the Bill, with Blanks, That the Queen-Dowager's, Prince and Princess of Denmark's, Servants shall sign the Association; or else they shall incur the Penalty of Premunire:

And the Clause was twice read; and the Blanks filled up; and, upon the Question put thereupon, agreed unto by the House.

And several Amendments were made, by the House, to the Bill.

Ordered, That the the Bill, with the Amendments, be ingrossed.

Supply Bill; Duties on Low Wines.

Resolved, That this House will, upon Thursday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for laying several Duties on low Wines, or Spirits, of the first Extraction; and for preventing Frauds and Abuses of Brewers, Distillers, and other Persons chargeable with the Duties of Excise.

English East-India Company.

Resolved, That this House will, upon Saturday Morning next, resolve itself into a Committee of the whole House, to consider further of the Bill for settling and regulating the Trade to the East Indies.

Garbling Spices.

Ordered, That the Report from the Committee, to whom the Bill for regulating Abuses relating to Garbling Spices, Drugs, and other Merchandize, was committed, be made upon Thursday Morning next.

Committees.

Ordered, That all Committees be adjourned.

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