Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Veneris, 24 die Januarii; 1° Gulielmi et Mariæ.
A PETITION of Wm. Brownrig was read; thereby setting forth, That, about 1681, he was accidentally present, when several Sums of Money were paid to Persons, who said they were to be Witnesses against the Earl of Shaftsbury, and others; which the Petitioner told Mr. Stringer the Earl's Steward; believing the same was done for Subornation: Fordoing whereof, a Justice of the Peace of the West Riding in Yorkshire committed him to the Gaol of Yorke Castle, under Pretence of an Information of a treasonable Nature; and was then refused to be bailed; but, after a long Consinement, was bailed by two Persons in Two thousand Pounds a-piece; whereby the Petitioner and his Family are utterly ruined: And the said Justice being a Member of the House; and praying the Consideration and Relief of the House in the Premises.
A Petition of Sir John Cope, and others, Creditors of Sir Rob. Vyner, deceased, on the Behalf of themselves, and the major Part, in Value, of his Creditors, was read; setting forth, That there is a Bill before the House, whereby Three Parts in Four of the Creditors of any Bankrupt are impowered to compound or agree with such Bankrupt; and the same to be conclusive to the rest; That there was a Commission of Bankrupt awarded against Sir Robert Vyner, but the Petitioners as yet have not received any Benefit thereby; but that it would be for their Benefit to be enabled to make some Agreement with the Executor: And, being Sir Robert Vyner is dead, it may be doubted, Whether the Petitioners are comprehended in the Act: And praying Leave to bring in a Clause, for such their Benefit and Advantage, into the said Bill.
Cinque Ports Elections.
Resolved, That the Bill be committed to Sir Tho. Littleton, Mr. Baldwyn, Mr. Holt, Lord Wm. Pawlett, Mr. Chadwick, Sir Tho. Darcy, Sir John Dorrell, Mr. Moore, Mr. Cooke, Sir Phil. Gell, Mr. Harley, Mr. Freke, Colonel Beaumont, Sir John Knatchbull, Sir Cha. Bloys, Mr. Niccolls, Mr. Brewer, Mr. Newport, Mr. Manley, Mr. Sherrard, Mr. Brownlow, Sir Rob. Cotton, Mr. Bull, Mr. Bickerstaffe, Mr. Colt, Mr. Papillion, and all the Members that serve for the Counties of Kent and Sussex: And they are to meet To-morrow at Three of the Clock in the Afternoon, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.
Surgeons to administer Medicines.
Judgments on Scandalis Magnatum.
Mr. Christy reports from the Committee to whom the Bill for Reversing of Two Judgments in Two Actions brought by the Duke of Beaufort, upon the Statute of Scandalis Magnatum; one against Sir Trevor Williams, Baronet, and the other against John Arnold, Esquire; and also to discharge an Action depending between the said Duke, and John Dutton Colt, Esquire, upon the said Statute, was referred; That the Duke had given Sir Trevor Williams a Release, under his Hand and Seal, of the Judgment obtained against him: And that Mr. Colt was contented to withdraw his Order, and refer the Matter to the Duke's Honour: And that therefore the Committee had agreed to leave out of the Bill all Matters relating to Sir Trevor Williams and Mr. Colt: And had agreed to amend the same accordingly; and made it to relate to Mr. Arnold only: Which Amendments he read in his Place, with the Coherence; and then 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, upon the Question severally put thereupon, agreed unto by the House.
A Petition of Joseph Offley, and Joseph Lane, Esquires, Executors of John Owen, Clerk, deceased, was read; thereby setting forth, That Sir Thomas Wolstenholme borrowed, of their Testator, Seven hundred Pounds, in 1684, secured only by Bond and Judgment; whereupon the whole Interest and principal Money is due: And John Wolstenholme, Esquire, has brought in a Bill before this House for to sell Lands of Sir Thomas to pay his Debts: And praying relief in the Premises.
Sir Wm. Leveson Gowre reports from the Committee appointed the Seventeenth of December last to examine the Matter of the Petition of John Capell, John Price, and Robert Swaine; and also to examine the Matter of the Petition of Robert Swaine; and report the same to the House; That the Keeper of Newgate had attended the said Committee with the Mittimus by which the said Swaine was committed to Newgate: and that the Committee had considered the same, and agreed upon a Resolution; which they had directed him to report to the House: And he read the same in his Place; and afterwards, delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.
Resolved, That it is the Opinion of this Committee, That the Commitment of Rob. Swaine by Wm. James, Esquire, one of their Majesties Justices of the Peace for the County of Middlesex, is an illegal Commitment, as appears by the Mittimus.
Resolved, That it be re-committed to the same Committee, to examine, What practices were used, and by whom, in committing the said Swaine to Prison, during his Attendance on this House as a Petitioner; and report the same to the House.
Ordered, That the said Committee be revived; and do sit this Afternoon: And that Mr. Cary, Mr. Serjeant Wogan, Major Vincent, Mr. Bockland, Sir Robert Davers, Mr. England, Sir Alger. May, Sir John Guise, Sir Cha. Bloys, Mr. Mannaton, Colonel Kirby, Sir Ralph Dutton, Mr. Fox, Mr. Vincent, Sir Rob. Cotton, Mr. Phil. Foley, Mr. Grey, Mr. Sherrard, Mr. Ellwell, Mr. England, be added to the said Committee.
And afterwards the Counsel for the City of Oxford were called in; and heard at the Bar what they had to object against the Passing of the Bill: And also the Counsel for the University of Oxford were likewise heard in an Answer thereunto.
Resolved, That the Bill be committed to Sir John Trevor, Mr. Bickerstaffe, Mr. Finch, Sir Hen. Goodrick, Sir Tho. Clarges, Sir Ralph Dutton, Lord Falkland, Mr. Babington, Mr. Etterick, Major Wildman, Mr. Burdet, Sir Cha. Bloys, Mr. Newport, Mr. Gray, Sir Wm. Poultney, Mr. Dalben, Mr. Arnold, Mr. Niccolls, Sir Wm. Yorke, Mr. Fuller, Sir Christopher Musgrave, Mr. England, Lord Digby, Sir Roger Jenkinson, Mr. Heldyeir, Sir John Brownlow, Sir Gilb. Clerke, Mr. Bertie, Lord Wm. Powlet, Lord Sherrard, Mr. Coningsby, Sir John Doyley, Sir Rich. Newdigate, Sir Wm. Strickland, Sir Edw. Seymour, Sir Rob. Davers, Mr. Baldwyn, Mr. Newton, Mr. Colt: And all that come are to have Voices: And they are to meet on Monday next, at Three of the Clock in the Afternoon, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.