Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Martis, 20 die Augusti; PrimoGulielmi et Mariæ.
Attaining several Persons.
A MESSAGE from the Lords, by Sir John Franklyn and Mr. Meredith;
Mr. Speaker, The Lords have commanded us to acquaint this House, That they have agreed to the Bill intituled, An Act for attainting several Persons in Rebellion against their Majesties.
And then the Messengers withdrew.
The Amendments were read the First time throughout; and are as followeth; viz.
1 Skin, 6 Line, leave out from "Powis," to "and," in the Tenth Line.
12 Line, leave out "Robert Lord Hunsden."
13 Line, leave out "Sir Roger Strickland."
14 Line, leave out "Sir Edw. Herbert, Sir Wm. Jennings."
19 Line, leave out "Colonel Hugh Southerland."
20 Line, after "Bucan," add "Richard Earl of Tyrconnell of the Kingdom of Ireland, Colonel Richard Hamilton, Lewes Doe, and Earl of Antrim of the Kingdom of Ireland."
36 Line, leave out "Thomas."
2 Skin, 1 Line, leave out "Howard, Henry Lord Dover."
2 Line, leave out "Robert Lord Hunsden."
3, 4, 5 Line, leave out "Sir Roger Strickland, Sir Edw. Herbert, Sir Wm. Jennings."
7, 8 Line, leave out "Colonel Hugh Southerland."
9 Line, after "Bucan," insert "Richard Earl of Tyrconnell, Colonel Richard Hamilton, Richard Doe, and Earl of Antrim."
13 Line, for "August," read "October."
14, 15 Line, leave out "and also abide their legal Tryal for such their Treasons;" and read "or shall render him or themselves to the Commander in Chief, or any other General Officer of their Majesties Forces in Ireland, at or before the Nine-and-twentieth Day of September next."
16 Line, leave out "Thomas Howard, Henry Lord Dover."
17, 18 Line, leave out "Robert Lord Hundsden."
19 Line, leave out "Sir Roger Strickland, Sir Edw. Herbert."
20 Line, leave out "Sir Wm. Jennings."
24 Line, leave out "Colonel Hugh Southerland."
25 Line, after "Bucan," add "Richard Earl of Tyrconnell, Colonel Richard Hamilton, Lewis Doe, and * Earl of Antrim."
26 Line, leave out "or not abiding his Tryal, as aforesaid."
27, 28 Line, for "Thirteenth Day of February," read "said Four-and-twentieth Day of October."
29, for "Eight," read "Nine."
34 Line, leave out from "Forfeit," to "and," in Thirty-fourth Line of Third Skin; and insert the Paper marked (A);
"And that all and every the Manors, Messuages, Lands, Tenements, Rents, Reversions, Remainders, Possessions, Rights, Conditions, Interest, Offices, Fees, Annuities, and other Hereditaments, Leases for Years, and Chattels Real; and also all and every the Goods, Debts, and Chattels, personal, whatsoever of them the said William Marquis of Powis, and Sir Henry Bond, James Duke of Berwick, John Earl of Mellfort, Sir Alexander Filton, Francis Plowden, Sir Patrick Trant, John Trinder, Thomas Collins, Colonel Dominic Sheldon, Lieutenant-Colonel Wm. Mansell, * Barker, Major Bochier, and Colonel * Beaucan, Richard Earl of Tyrconnell in the Kingdom of Ireland, Colonel Richard Hamilton, Louis Doe, and * Earl of Antrim of the Kingdom of Ireland; which they, or any of them, or any other Person or Persons, to their or any of their Uses, or in Trust for them, or any of them, had the Twelfth Day of March, being the Day of the late King James the Second his Landing in Ireland, shall, from and after the said Four-and-twentieth Day of October in the Year of our Lord One thousand Six hundred Eightynine, be deemed, vested, and adjudged to be in the actual and real Possession of your Majesties, without any Office or Inquisition thereof hereafter to be taken or found:"
And the Clause, in Parchment, marked (B);
Attainting several Persons.
"And whereas the Offenders before in this Act named, or some of them, have, before the Twelfth Day of March, for Money, or other valuable Considerations, granted several small Annuities and Pensions, which are secured, some by Bond, and others by Notes only; and have also contracted several great Debts to poor Tradesmen, and others; some of which Debts are secured by Bonds, and others remain only upon Tradesmen, and others, their Books: All which said several Pensions, Annuities, and Debts, which are so secured and owing, as aforesaid, will, by the strict Rules of the Law, be lost, and may be to the Ruin of many of the Persons, to whom the same are granted or owing, unless Provision be made therein by this present Act: For Prevention whereof, Be it further Enacted, by the Authority aforesaid, That all and every the Goods and Chattels Personal, and the Rents, Issues, and Profits of the Manors, Lands, Tenements, and Hereditaments, of every the said respective Offenders, shall, in the first place, be applied for and towards the Payment of all and every such Annuities, Pensions, and Debts of the said Offenders, as are and be so granted, owing, and secured as aforesaid: And the Barons of their Majesties Court of the Exchequer may and are hereby authorized and directed to order the Payment of all and every such Pensions and Debts, out of the Goods and Chattels Personal, and the Rents, Issues, and Profits of the said Manors, Lands, and Hereditaments of such of the Offenders aforesaid, by whom such Annuities or Pensions were granted, or Debts owing, in the Hands of any Sheriff or Sheriffs, Officer or Officers, which shall, at any time hereafter, be chargeable with, or accountable for, such Goods or Chattels, or Rents and Profits, before the same shall be answered and paid into their said Majesties Receipt of Exchequer; so as all such Bonds and Notes, whereby such Debts, Annuities, or Pensions are to be secured, and also, the Particulars whereby such Tradesmen, and others, their Debts, did grow due, be entered and inrolled in their Majesties Court of Exchequer, before the said Four-and-twentieth Day of October One thousand Six hundred and Eighty-nine, and not otherwise: And after Payment of all such Debts and Annuities, as aforesaid, shall be applied for and towards the present Maintenance and Relief of such of Your Majesties Subjects of the Kingdom of Ireland, being of the Protestant Religion, who are in the Kingdom of England, for and during the Time that the said Rebellion shall continue, and until they shall be restored to their respective Estates; any thing before in this Act contained, or any Law, to the contrary notwithstanding."
4 Skin, 17, 18 Line, leave out "and abide their legal Tryal."
32 Line, for "August," read "October."
5 Skin, 2 Line, for "September," read "November."
5 Line, for "November," read "December."
14 Line, leave out from "Doe," to "and," in the Twentieth Line, Sixth Skin; and insert the Clause marked (C);
"Provided, that no Conveyance, Assurance, or any other Grant, made by any of the aforesaid Offenders, or to any claiming under them, before the said Twelfth Day of March, shall be impeached, and made void, by this Act; but that the same shall be held and enjoyed by the Purchasees, Grantees, &c. and their Heirs, as if this Act had not been, and the said Offenders not convicted or attainted thereby: Provided, if any Person challenge a Debt, as due from the Offenders, or any the Trust or Title of or to their Manors and Lands, and Judgment shall be given against such Person so claiming, he or they shall forfeit, to their Majesties, double Costs, for which Judgment shall be given. And it is Enacted, That every Person that shall set up any fraudulent Title, to be made by any the Persons intended to be attainted, or fraudulently claim any Debt, as owing from them, shall incur the Penalty of the Third Part of the Value of the Lands or Money, so claimed, one Moiety to their Majesties, the other to the Prosecutor that shall sue for the same: And, that if any Person shall discover any fraudulent Settlement, or Conveyance, made by such Person, as shall be attainted by this Act; such Person, so discovering, shall have, for Reward, the Value of the Fifth Part of the said Lands and Chattels, whereof such fraudulent Settlement or Conveyance was made."
At the End of the Bill, add the Clauses marked (G) (I).
Clause (G) is for charging the Estate of the Marquis of Powis with the Payment of Three thousand Two hundred and Fifty Pounds, with Interest, from the Time the same has been paid to him; to be paid to Wm. Whitmore, Katherine Whitmore, Anne and Dorothy Whitmore, their Executors and Assigns, Children of Wm. Whitmore, senior, of Balmes, in Com' Middlesex, Esquire; the said Marquis of Powis being one of his Trustees, and having received the said Money, in pursuance of the said Trust.
Clause (I) enacts, That no Person, being a Protestant, shall be subject to any Forfeiture, for or by reason of Absence out of the Kingdom of Ireland, without Licence or otherwise, at any time since the Fifth of November One thousand Six hundred Eighty-eight, for Non-payment of Rent, or any other Duty due to their Majesties, or the Crown, since the said Fifth of November, until the said Kingdom shall be reduced; but shall be absolutely discharged from all Rent and Duties so incurring.
Preferment of the Chaplain.
Resolved, That an Application be made to his Majesty, by such Members of this House as are of his Majesty's most honourable Privy Council, That he will be pleased to give some Preferment to the Chaplain of the House, in Consideration of his Service and diligent Attendance here.
Prohibiting Trade with France.
A Message from the Lords, by Sir John Franklyn and Mr. Meredith;
Mr. Speaker, the Lords have agreed to the Bill, intituled, An Act for prohibiting all Trade and Commerce with France; with some Amendments: To which Amendments they desire the Concurrence of this House.
And then the Messengers withdrew.
The said Amendments were all read the First time throughout; and are as followeth;
1 Skin, 20 Line, for "July," read "August."
31, for "Seven," read "Three."
32, for "July," read "August."
7 Skin, 5 Line, leave out from "whatsoever," to "and," in the Five-and-twentieth Line of Ninth Skin.
9 Skin, 30 Line, for "Seven," read "Three."
32, for "Seven," read "Three."
10 Skin, 1, 2 Lines, leave out "except Prize Goods, as aforesaid."
11 Line, leave out "except Prize Goods, as aforesaid."
13 Skin, 32 Line, after "being a," read "known Merchant, Vintners, or."
33, for "August," read "September."
14 Skin, 16, . . . ., for July," read "August."
17, for "Seven," read "Three."
19, for "Seven," read "Three."
16 Skin, 2 Line, for "July," read "August."
10, leave out from "aforesaid," to "and," in the Thirtieth Line.
17 Skin, 1 Line, for "July," read "August."
18 Skin, 22 Line, leave out from "the," to the Second Line "and," in the Twenty-seventh Line; and add "Owners and Proprietors of the said Goods so imported."
21 Skin, 3 Line, for "August," read "September."
38 Line, leave out from "notwithstanding," to "provided," in the Eleventh Line of the Three-and-twentieth Skin.
23 Skin, 15 Line, for "August," read "September."
Line 17, for "August," read "September."
Line 20, for "August," read "September."
Line 30, leave out from "be," to "and," in the Tenth Line of the Four-and-twentieth Skin; and add "recovered by Action of Debt, Bill, Plaint, or Information, in any of their Majesties Courts of Record, wherein no Protection or Wager of Law shall be allowed, nor any more than One Imparlance."
24 Skin, 12 Line, for "August," read "September."
19 Line, leave out from "recovered," to the End of the Bill; and read "in any of such Courts, and in such Manner as aforesaid."
At the End of the Bill, add the Proviso marked (A);
"And, for Preventing of the Mischiefs which may be occasioned by the Sophisticating, Corrupting, and Adulterating of Wines, during such Time as they are, by this Act, allowed to be sold; Be it Enacted, That if any Merchant, Vintner, Wine Cooper, or other Person, selling Wine by Wholesale or Retale, shall corrupt, sophisticate, or adulterate any Wine, or shall utter or sell any Wine corrupted, sophisticated, or adulterated, such Person shall forfeit the Sum of Three hundred Pounds for every such Offence; the one Moiety thereof, to their Majesties, and their Successors; and the other Moiety thereof, to such Person as shall sue for the same by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, or Wager of Law, or more than one Imparlance, shall be allowed; and also shall suffer Imprisonment by the Space of Three Months, without Bail or Mainprize."
The First * of the said Amendments were read the Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.
The * Amendment, Press 21, Line 38, was read a Second time:
And the Question being put, That the House do agree to the said Amendment;
The House divided.
The Yeas go forth.
|Tellers for the Yeas,||Mr. Whitehead,||59.|
|Tellers for the Noes,||Sir Ralph Dutton,||56.|
So it was resolved in the Affirmative.
The Residue of the said Amendments were read a Second time, one after another; and, upon the Question severally put thereupon, agreed unto by the House.
Ordered, That Mr. Hamden do carry up the Bill to the Lords; and acquaint them with the Concurrence of this House to the said Amendments.
Address for Trial of Rebels.
Resolved, Nemine contradicente, That an humble Address be made to his Majesty, by such Members of this House as are of his Majesty's most honourable Privy Council, That he would be pleased to issue out a Commission of Oyer and Terminer, for the indicting such Persons as are now, or have been, in Rebellion against their Majesties, either in Ireland, or in any other Place, in order to their speedy Conviction.
Papers to be returned.
Ordered, That the Clerk of the House do deliver back such Papers and Writings as he has in his Custody, concerning the City of London.
Resolved, That an humble Address be made to his Majesty, by such Members of this House as are of his Majesty's most honourable Privy Council, That his Majesty would be pleased to make some Allowance to Mr. Otes, for his Maintenance.
Royal Assent to Bills.
A Message from his Majesty, by Sir Thomas Duppa, Gentleman Usher of the Black Rod;
The King commands this honourable House to attend His Majesty in the House of Peers, immediately.
Accordingly, Mr. Speaker and the House went to attend his Majesty.
And being returned;
Mr. Speaker acquainted the House, That his Majesty had been pleased to give the Royal Assent to several publick Bills, and Two private Bills following; viz.
An Act for appropriating certain Duties for paying the States General of the United Provinces the Charges for his Majesty's Expedition.
An Act for prohibiting all Trade and Commerce with France.
An Act for the better preventing the Exportation of Wool, and encouraging the Woollen Manufactures of this Kingdom.
An additional Act, for the appointing Commissioners for the executing an Act of this present Parliament, intituled An Act for a Grant to their Majesties of an Aid of Twelve-pence in the Pound for one Year, for the necessary Defence of their Realms.
An Act for Relieving of the Protestant Irish Clergy.
An Act to repeal the Statute, made in the Fifth Year of King Henry the Fourth, against multiplying Gold and Silver.
An Act for explaining Part of an Act, made in the First Year of King James the First, concerning Tanned Leather.
An Act to enable Trustees to grant Leases of the Estate of Richard Hele, Esquire.
An Act for enabling Hannah Shirley, Widow, and Mary Batillhey, alias Shirley, her Daughter, to settle, and dispose of certain Lands and Tenements in the Counties of Middlesex and Essex.
And that afterwards the Lord Privy Seal spoke to this Effect; viz.
That it was his Majesty's Pleasure, That both Houses should severally adjourn themselves until the Twentieth Day of September next: But that his Majesty did not intend there should be then a Session, unless some Emergency of Affairs happened: But that such Members, as were in and about the Town, should meet; and adjourn until Winter: And that when his Majesty intended there should be a Session, he would give them Notice thereof by Proclamation.
And then the House adjourned until the Twentieth Day of September next.