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, 9 die Decembris; 2° Gulielmi et Mariæ.
Leave for Members to attend Lords.
ORDERED, That Mr. Solicitor General, Sir Cha. Porter, and Mr. Finch, have Leave to attend the Lords, as Counsel, in a Cause between the Earl of Dorsett and Powle.
York Buildings Water Company.
A Petition of Hugh Merchant, Gentleman, Proprietor or Lessee of Marybone Waterwork, was read; setting forth, That the Proprietors of the Thames Waterwork in Yorke Building have a Bill lying before the House, for the better Encouragement of their Waterwork: That the Petitioners Waterwork hath been of Thirty-six Years standing, and served Covent Garden, St. Martin's Lane, and other Places, with Water at easy rates: And praying, That the like Proviso may be added to the Bill as is permitted to the Company of the New River Water, whereby the Petitioner's Right may be preserved.
Ordered, That the Consideration of the said Petition be referred to the Committee to whom the Bill for the encouraging, carrying on, and settling the Waterworks at York Buildings, is committed.
East India Company.
Ordered, That Mr. White have Leave to withdraw his Petition against the East India Company.
Leave for Member to attend Lords.
Ordered, That Mr. Serjeant Tremaine have Leave to attend the Lords, as Counsel, in a Cause between Smith and Blithe.
Mr. Harcourt reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for the better enabling Jane Bray, Widow, Relict and sole Executrix of the last Will of Reginald Bray, Esquire, deceased, and others, to the speedier Raising of the Portions already appointed for her Daughters by the said Reginald Bray, was committed, That they had agreed upon several Amendments to be made to the Bill; which they had directed him to report to the House: And which he read in his Place, with the Coherence; and afterwards, delivered in at the Clerk's Table: Where the same were once read throughout; and are as followeth;
Press 1, Line 1, after "of," add "Reginald Bray, of Great Barrington in the County of Glocester and Berks, Esquire, deceased."
Line 2, after "Jane," add "his Wife."
Line 8, after "Estate," add, "of."
The said Amendments being read a Second time, one by one; they were, upon the Question severally put thereupon, agreed unto by the House.
Ordered, That the Bill, with the Amendments, be read the Third time.
Prideaux's Claim on Lord Jeffryes.
Ordered, That the Report and Hearing at the Bar, appointed to be this Day, touching the Bill for charging the Estate of the late Lord Jeffryes, in Leicestershire, with the Sum of Fourteen thousand Seven hundred and Sixty Pounds, and Interest, to Edmund Prideaux, Esquire, be upon Thursday Morning next.
Ordered, That the Matter touching the Breach of Privilege against Sir Carbury Price, Baronet, a Member of this House, formerly directed, be heard at the Bar of this House, upon Friday Morning next.
A Petition of the Filazers of the Court of Common Pleas was read; setting forth, That in a Bill before this House, for the preventing the Escapes of Prisoners, there is a Clause, That in Cases where Defendants cannot be easily arrested; upon Affidavit made, That a Copy of the Capias or Process was left in such Manner as by the Bill is directed; that then, upon Motion, and upon a Declaration being left as directed, a Rule of Court shall be made for Judgment against such Defendant, as if he had appeared, and refused to plead therein: Which new Method or Course proposed will, in a great measure, lessen the Process, and consequently the Profits of the Petitioners respective Offices, which are their Freeholds: And praying to be heard by their Counsel, at the Bar of the House, against the said Bill.
Ordered, That the Consideration of the said Petition be referred to the Committee to whom the Bill for the better preventing the Escapes of Prisoners in the Prisons of the King's Bench and the Fleet, is committed.
Trade with France.
A Petition of the Bailiff, Master, Wardens, Assistants, and Commonality of the Company of Weavers of London, and Canterbury, was read; setting forth, That * * * * * *
Ordered, That the said Petition be referred to the Consideration of the Committee appointed to prepare and bring in a Bill for the more effectual putting in Execution the Act for prohibiting all Trade and Commerce with France; and to report their Opinions therein to the House: And that Sir Christopher Musgrave, Sir Thom. Darcye, Sir Sam. Bernadiston, Mr. Glemham, Sir John Dorrell, Colonel Lee, Sir Robert Clayton, Sir Rob. Cotton, Sir Robert Howard, Mr. Pitts, Serjeant Wogan, Mr. Jeffryes, Sir Jervas Elwes, Mr. Bowyer, Mr. Freeman, Mr. Brewer, Mr. Russell, and all the Members of the House who are Merchants, be added to the said Committee: And the usual Quorum to be thereof: And they are to meet this Afternoon at Five of the Clock, in the Speaker's Chamber.
Distillation of Brandy.
Ordered, That Mr. Solicitor General do, To-morrow Morning, bring in the Bill for encouraging the Distilling of Brandy from Corn.
Colonel Birch presented a Bill to the House for the speedier Determining of Elections of Members to serve in Parliament: And the same was received.
The Bill was read the First time.
Resolved, That the Bill be read a Second time.
Ordered, That the Bills for regulating and licensing Hackney Coaches, be read a Second time upon Friday Morning next.
A Petition of the Merchants and Traders to Virginia and Maryland, was presented to the House; and read; setting forth, That the Petitioners have laid out above One hundred and fifty thousand Pounds in fitting out divers Ships under the repeated Encouragements from the King and Council, of having a Convoy and Liberty for Eight hundred Men: That the said Ships are sailed from the Downes under their Convoy with their Men; yet upon the Address of this House, wherein no Provision is made for any Ships to go to the said Colony, his Majesty hath ordered a Stop to be laid on them till May next, which will be a Loss of Forty thousand Pounds at least to the Concerned, besides the Ruin of many Inhabitants there depending on this Fleet: And praying, that this House would intercede with his Majesty for taking off the said Stop by Embargo. As also
Another Petition of the Merchants and Planters trading to and concerned in the Island of Barbadoes, was read; setting forth, That his Majesty was pleased to permit such a Number of Ships to go to Barbadoes as might be sailed with Four hundred Seamen: Which encouraged to load out such Ships; and they are sailed from the Downes; but that, upon the late Address of this House to his Majesty, his Majesty hath thought fit to retrench the Number to about Half; the Doing whereof, if not retrieved, will ruin many of the Petitioners, and be of fatal Consequence to the said Plantation: And praying the Interposition of this House: and that they would represent the Matter to his Majesty. And also
Another Petition of the Merchants and Planters of Jamaica, was presented; and read; setting forth, That they had Orders from his Majesty for Two hundred Seamen to proceed for Jamaica; upon which they loaded their Ships, the which are sailed from the Downes; but that his Majesty, upon the Address of this House, hath permitted the Petitioners to have but One hundred Seamen; whereby Six of their Vessels so sailed must return back, to the Loss and Ruin of the Proprietors, as well as the Danger of the Island, for want of such Supplies: And praying, That the House would make such Representation of the Matter to his Majesty, as to them shall be thought fit.
Resolved, That the Members of this House, that are of his Majesty's most honourable Privy Council, do humbly represent the Matter of the said several Petitions to his Majesty; humbly beseeching his Majesty to order therein, as his Majesty, in his great Wisdom, shall think fit.
Annulling Cambell's Marriage.
A Petition of Archibald Earl of Argyll, in behalf of his Brother James Cambell, was read; setting forth, That a Bill being before this House for the annulling a Marriage between his said Brother with Mary Wharton his Wife, to his Brother's Prejudice, and Dishonour of his Family: And, being satisfied, that the Circumstances of the said Marriage, are very much misrepresented to this House, and praying for the Vindication of his said Brother and Family, to be heard by Counsel and Witnesses, at the Bar of this House, against the passing the said Bill.
Then the said Bill was read the Third time.
Resolved, That the Bill do pass: And that the Title thereof be, An Act to annul and make void a Marriage between Mary Wharton, an Infant, and James Campbell, Esquire.
Ordered, That Mr. Gwyn do carry the Bill to the Lords; and desire their Concurrence thereunto.
Then the Lord Mayor and Aldermen of London, and their Counsel, were called in; and also the Counsel for the Petitioners.
And the Counsel for the Lord Mayor and Aldermen were in part heard.
And then the Counsel on both Sides being withdrawn;
Ordered, That the said Matter be further proceeded in To-morrow Morning at Ten of the Clock; and nothing to intervene.
Ordered, That all Committees be adjourned.
And then the House adjourned till To-morrow Morning, Ten of the Clock.