Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Jovis, 2 die Januarii;
Southampton Return amended.
A Complaint being made to the House, That one Aaron Atkins hath arrested, and keeps in Custody, Nicholas Kendall, a Servant of Walter Kendall, Esquire, a Member of this House, in Breach of the Privileges of the House;
Resolved, That the Bill be committed to Sir John Barker, Sir John Moreton, Sir John Fowell, Sir Tho. Clarges, Mr. Glemham, Sir Walt. Young, Sir Tho. Littleton, Mr. Rebow, Sir Fra. Guybon, Sir Rob. Rich. Sir Tho. Barnadiston, Mr. Wharton, Sir Wm. Ellis, Sir Cha. Bloys, Mr. Fuller, Mr. Fenwick, Mr. Christy, Mr. Freke, Mr. Etterick, Sir Math. Andrews, Sir Cha. Raleigh, Sir Cha. Windham, Mr. Hunt, Sir John Brownlow, Sir John Guise, Mr. Blowfeild, and all the Members that serve for the County of Suffolke: And they are to meet To-morrow in the Afternoon at Three of the Clock, in the Speaker's Chamber: And they are impowered to send for Persons, Papers, and Records.
Supply Bill; Duty on Coffee.
Leave of Absence.
Reversing Walcott's Attainder.
Sir Thomas Littleton reports from the Committee to whom the Bill for annulling the Attainder of Thomas Walcutt, Gentleman, was referred, and to whom the Petition of the Countess of Roscomon was also referred, That they had heard Counsel on both Sides: And that some Dispute arising, which Side should be first heard, it was resolved by the Committee, That the Petitioners Counsel should be first heard, What Reasons they had to give against the passing the Bill, before the Committee could proceed upon the Bill itself.
That the Petitioner's Counsel did insist principally upon a Grant made by King Charles the Second to the Petitioner's late Husband, of the Estate of Captain Tho. Walcott, attainted and executed for High Treason: Which Estate was settled afterwards upon the Petitioner, by her said Husband, as Part of her Jointure: All which was admitted by the Counsel for the Bill; so that neither the said Grant nor Settlement were produced to the Committee.
That the Petitioner's Counsel urged much, That if there was no illegal Return of Jurors, nor undue Construction of Law, in the Case of Captain Tho. Walcott; that then, the Inducement to the said Bill failing, there would be consequently no Reason for passing the said Bill.
That, in order to prove there was no undue Construction of Law, the Counsel for the Petitioner said, Captain Walcott was indicted for conspiring the Death of the King, which was a plain Species of Treason within the 25 Edw. IIId.
That, being asked, If that was the usual Custom to receive Panels from the High Sheriff with such Directions, they both answered, Formerly the Sheriffs themselves did not intermeddle in the Return of Juries, but left it to their Secondaries; until about Two Years before that time it had been otherwise; and that it began in Bethell and Cornishe's Time.
That, being asked, Whether the Jury that passed upon Walcot were Freeholders, the Names of them being read at the Table; they severally answered, They did not know them to be so: But they said, It had been usual in the City of London to return sufficient Men, without Respect to their Freehold.
That the Counsel for the Bill insisted, That this House being possessed of an ingrossed Bill from the Lords, where the Matter had been already examined, that therefore they were not bound to prove the Inducement to the Bill.
But that they did, however, produce Two Witnesses, Mr. Rutland and Mr. Man: Who both informed the Committee, That they were Two of Mr. Walcott's Jury that passed upon him: And being asked, if they were at that time Freeholders; they both answered in the Negative.
That the Counsel for the Bill said, If the Committee were satisfied with the Petitioner's Reasons against the Bill, they must submit the Matter; only, if the Bill did pass, they saw no Reason why Mr. Walcot's Estate should not be, by Consequence, restored.
Mr. Solicitor General reports from the Committee to whom the Bill for restoring Corporations was referred, That they had agreed upon several Amendments to be made to the Bill, and several Clauses to be added thereunto: Which he read in his Place, with the Coherence; and afterwards, delivered the same in at the Clerk's Table: Where the same were once read throughout; and afterwards a Second time, one by one: And, with some Amendments proposed and agreed upon, and made at the Table accordingly, the same were, upon the Question severally put thereupon, agreed unto by the House.
A Proviso was offered to be made Part of the Bill, That the Bill shall not extend to the Town and Corporation of Nottingham: Which was twice read; and, upon the Question put thereupon, agreed unto by the House.
|Tellers for the Yeas,||Mr. Paul Foley,||127.|
|Sir Mat. Andrews,|
|Tellers for the Noes,||Sir John Dorrell,||118.|
Another Proviso was offered, That nothing in the Bill should extend to confirm any Grant or Lease made without Impeachment of Waste of any Lands belonging to the Borough of Malmesbury by Colour or Pretence of any new Charter, granted by King James the Second to the said Borough: Which was twice read; and agreed unto by the House.
Another Proviso was offered to be made Part of the Bill, That nothing in this Bill, other than the Clause touching the not tendering, taking, or subscribing the Oath and Declaration, shall extend to the Corporation of the City of London, or any the Companies thereof; but the same are wholly excepted thereout; any thing to the contrary thereof notwithstanding.
A Clause was offered to be made Part of the Bill, that whereas it is necessary for the sake of publick Justice, and securing the Government for the future, that such open Attempts upon the Constitution, and so notorious Violations of Oaths and Trusts, should not go wholly unpunished, lest hereafter ill Men might be encouraged to the like Guilt, in hopes to come off with Impunity, though they should fail of Success: Be it therefore Enacted, by the Authority aforesaid, That every Mayor, Recorder, Alderman, Steward, Sheriff, Common Councilman, Town Clerk, Magistrate, or Officer, who, without the Consent of the greatest Number of the respective Body Corporate, City, Town, Borough, or Cinque Port, whereof he was a Member previously declared, did take upon him to consent to, or join in any such Surrender, or Instrument purporting such Surrender as aforesaid; or did solicit, procure, prosecute, or did pay or contribute to the Charge of prosecuting any Scire Facias, Quo Warranto, or Information in the Nature of a Quo Warranto, by this Act declared void; shall be, and is hereby declared, adjudged, and enacted, for the Space of * Years, uncapable and disabled to all Intents and Purposes to bear or execute any Office, Employment, or Place of Trust, as a Member of such respective Body Corporate, or in or for such respective City, Town, or Borough, or Cinque Port, whereof or wherein he was a Member of such respective Body Corporate, at, or before the time of the making such Surrender, or Instrument purporting such Surrender, or the suing out or prosecuting such Scire Facias, Quo Warranto, or Instrument in the Nature of a Quo Warranto; any thing in this Act contained, or any other Law, Statute, or any Ordinance, Charter, Custom or Thing, to the contrary in any wise notwithstanding. Which said Clause was twice read.
An Amendment was proposed to be made in the Clause by adding, after the Words, "declared void," these Words, "or did procure any Warrant of the King and Council to be admitted to the Offices of Mayor, Recorder, Steward, Town Clerk, or other Officer, in any Corporation; or was a Regulator, or admitted into any Corporation upon any Regulation made thereof:" And other Amendments were proposed.
|Tellers for the Yeas,||Mr. Cognisby,||89.|
|Tellers for the Noes,||Sir Rob. Gwyn,||127.|
|Tellers for the Yeas,||Mr. Pelham,||78.|
|Tellers for the Noes,||Mr. Ellwell,||133.|
|Mr. H. Herbert,|
Another Amendment was proposed to be made in the Clause, by leaving out, "without the Consent of the greater Number of the respective Body Corporate, City, or Cinque Port, whereof he was a Member previously declared:" Which was, upon the Question put thereupon, agreed unto by the House: And the Amendment made accordingly.
|Tellers for the Yeas.||Lord Colchester,||133.|
|Sir Scroope Howe,|
|Tellers for the Noes,||Mr. Greenvile,||68.|
|Sir John Wynne,|
"And be it further Enacted, by the Authority aforesaid, That if any Person hereby Enacted and Declared to be incapable and disabled to bear or execute any such Office, Employment, or Place of Trust, as aforesaid, shall, at any time after the, take upon him to bear or execute any such Office, Employment, or Place of Trust, as aforesaid; every such Person shall forfeit the Sum of; to be recovered by any Member or Inhabitant of the respective Body Corporate, City, Town, Borough, or Cinque Port, who shall sue for the same by Action of Debt, Bill, or Plaint, in any of their Majesties Courts of Record at Westminster; wherein no Essoign, Protection, Privilege, or Wager of Law, or more than one Imparlance shall be allowed: And also, upon Verdict found or Judgment given by Confession, or otherwise, in such Action against the Defendant, the said Defendant shall be for ever incapable to bear or execute any Office or Place of Trust whatsoever, within the Kingdom of England, or Dominion of Wales: Provided also, and be it Enacted, That a former Action depending shall be no Plea for the Defendant in any Action to be brought upon this Statute, if such former Action hath depended by the Space of Three Terms: Nor shall a Nonsuit of the Plaintiff, or a Judgment for the Defendant in any former, be a Bar to the Plaintiff in any Action to be brought upon this Statute."
And it being proposed, That the First Blank be filled up with "Twenty-fifth Day of March One thousand Six hundred and Ninety;" and the Second Blank with "Five hundred Pounds," the same were, upon the Question severally put thereupon, agreed unto by the House: And the Blanks filled up accordingly.
An Amendment was proposed to be made in the Preamble of the Bill, by adding these Words, "and Town of Berwick upon Tweed:" Which was, upon the Question put thereupon, agreed unto by the House: And the Bill amended accordingly.