Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Mercurii, 17 die Decembris; 2° Gulielmi et Mariæ.
Lady Cornbury's Non-age.
MR. Price reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act to give Catharine Lady Cornbury certain Powers to act as if she was of full Age, was committed, That they had agreed to the Bill, without any Amendments.
Privilege-Abuse of a Witness for giving Evidence.
A Petition of David Tucker was read; setting forth, That, upon a Petition of the King's Bench Prisoners for Debt, a Committee was then appointed by this House, to take the same into Consideration: Before whom the Petitioner was summoned to give his Testimony: For doing whereof, he was arrested by Mr. Wm. Briggs, the nominal Marshal for Mr. Farrington, and the said Mr. Farrington, in Action of Fifteen thousand Pounds, securing him in their Custody, refusing Bail, and, upon the Petitioner's complaining of the said Briggs' Severities to him, and saying, He was in Hopes the Parliament would take his Case into their Consideration, if acquainted thereof by Sir Jonath. Jennings, he the said Mr. Briggs was pleased to make use of the Words following; viz. "God damn him, he did not value Sir Jonath. Jennings; for he was as good a Man as himself; and that they would do what they pleased with their Prisoners; for the Parliament had nothing to do with them; and would give his Ears from his Head, if ever the Abuses, complained of by the Prisoner's Petition, were redressed, or any thing further done therein; and that he would ruin all the Persons examined before the said Committee:" And for that the Petitioner is not anyways indebted to the said Briggs or Farrington, but such their Prosecution only the Product of their Spleen and Malice, and praying the Consideration and Relief of the House in the Premises.
Ordered, That the Examination and Consideration of the said Petition be referred to the Committee of Privileges and Elections: who are to sit this Afternoon; and to report their Opinions therein to the House To-morrow Morning.
T. Williams' Estate.
Mr. Christie reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for the raising Money out of the Estate of Thomas Williams, Esquire, deceased, by letting Leases, and otherwise, for the more speedy Payment of his Debts, was committed, That they had agreed upon several Amendments to be made to the Bill: Which he 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; viz.
Resolved, That the Bill do pass; And that the Title be, An Act to enable Thomas Sheafe to sell Lands for Payment of Debts; and making Provision for his Wife, according to an Agreement for that Purpose.
Mr. Speaker, The Lords have passed a Bill, intituled, An Act for erecting a Court of Inquiry, in order to the Relief of the distressed Orphans of the City of London: To which they desire the Concurrence of this House.
Dorchester Return amended.
The Clerk of the Crown attended, and amended the Return for the Borough of Dorchester, by rasing out the Name of Sir Robert Nappier; and, instead thereof, inserting the Name of Thomas Trenchard, Esquire.
Then the House took into Consideration the Amendments made by the Lords to the Bill, intituled, An Act for freeing the Estate of Sir Sam. Bernadiston, Baronet, from several Incumbrances, occasioned by a Judgment given against him upon an Information in the Court of King's Bench: Which being read the First time, are as followeth; viz.
At the End of the Bill, add the Proviso marked A; (A) "Provided always, and be it Enacted, by the Authority aforesaid, that all and every the Tenants, of what Kind or Nature soever, and all Persons holding any Lands or Tenements, charged or chargeable with, or liable to any manner of Rents, Fines, Penalties, Amerciaments, Duties, Issues, or Profits, or any ways Debtors of or to the said Sir Samuell Bernardiston, upon or from any Sheriff, Under Sheriff, or other Officer or Person, by virtue of any Writ, Warrant, or Process of Law, legally made out upon the said Judgment, hath or have levied, received, or taken, who in Obedience or by reason of such Writ, Warrant, or Process of Law, hath or have paid to any Sheriff, Under Sheriff, or other Officer or Person, since the said Judgment given against the said Sir Sam. Bernardiston, any such Rents, Fines, Penalties, Amerciaments, Debts, Duties, Issues, or Profits, being then due and payable, shall be, and are hereby fully and absolutely discharged and indemnified of and from all further and other Payments, or being for the future at any time charged or answerable for the said Rents, Fines, Penalties, Amerciaments, Duties, Debts, Issues, or Profits, so paid or levied as aforesaid, although such Sheriff, Under-Sheriff, or other Officer or Person, who hath so levied, had or received the same, hath not accounted for, paid in, or answered the same to their Majesties, so, or in such manner as he or they by the Law ought to have done; any thing herein contained to the contrary in any-wise notwithstanding."
Prideaux's Claim on Lord Jeffryes.
Mr. Gwyn reports from the Committee to whom the Bill for charging the Estate of the late Lord Jeffryes, in Leicestershire, with Fourteen thousand Seven hundred and Sixty Pounds, and Interest, to Edm. Prideaux, Esquire, was committed, That they had examined the Evidence touching the Matters therein alleged: And thereupon had agreed to the Bill, with several Amendments thereunto; 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:
Committee of Privileges.
Ordered, That the Chairman of the Committee of Privileges and Elections do, upon Monday Morning next, at Nine of the Clock, make Report of such Elections as have been determined at the said Committee.
Punishing Mutiny and Desertion.
Then the House took into Consideration the Amendments, made by the Lords, to the Bill, intituled, An Act for the punishing Officers and Soldiers, who shall mutiny, or desert their Majesties Service; and for punishing false Musters.
6 Skin, Line 5, after "Owner" add "and if such Officer so offending, shall have no Goods, that then he shall be sent to the common Gaol, there to remain without Bail or Mainprize for the Space of Six Months."
13 Skin, Line 14, after "Paymaster," add "or Paymasters;" and, for "is," read "are;" after "Officers," add "upon the Penalty, that such Paymaster or Paymasters shall forfeit and lose their respective Place or Places as Paymaster or Paymasters, and be disabled from holding the same for the future."
Clause A; "And be it further Enacted, by the Authority aforesaid, That this Act shall be construed to extend to the Islands of Jersey and Guernsey, as to the Clauses therein for mustering and paying, and the Penalties thereunto belonging."
Conference with Lords.
Ordered, That Sir John Guise, Sir Tho. Clarges, Sir Christopher Musgrave, Mr. Paul Foley, Mr. Chancellor of the Exchequer, Mr. Wm. Harbord, Lord Ranelagh, Colonel Austen, Sir Tho. Littleton, do manage the said Conference.
Sir John Guise reports, That the Managers appointed for the said Conference had attended the same; and acquainted the Lords with which of the said Amendments this House had agreed to, and to which of them they disagreed; and with what Amendments the House had made; and had left the Bill and Amendments with the Lords.
Earl of Salisbury's Estate.
And a Clause being offered, That all and every the Daughters and younger Sons of James, now Earl of Salisbury, shall be paid Interest, at the Rate of Five Pounds per Cent. for their respective Portions, for their Maintenance, till their Portions shall become due and payable; such Interest to be raised and paid out of the Rents and Profits of the Manors and Lands chargeable with the Portions; the same was once read.
Ordered, That Mr. Dolben do carry the Bill up to the Lords; and acquaint them, That the House hath agreed thereunto, with the said Amendments; and desire their Lordships Concurrence to the said Amendments.
Also, the Lords have agreed to the Bill intituled An Act for the settling a Charity, given by Robert Aske, Esquire, to the Company of Haberdashers of London; with several Amendments; to which they desire the Concurrence of this House.
Supply Bill; East India Goods.
Farthings in the Pound, and no more, for the Money to be paid for the Use of the Navy and Garisons, arising by the Two Acts, one for granting an Aid to their Majesties of One million Six hundred Fifty-one thousand Seven hundred Two Pounds, and Eighteen Shillings; and one other Act, for doubling the Duty of Excise; or by this, or any other Act to be made during this Sessions; was twice read.
Resolved, That the Bill do pass: And that the Title be, An Act for granting to their Majesties certain Impositions upon all East India Goods and Manufactures, and upon all Wrought Silks, and several other Goods and Merchandize, to be imported after the Twenty-fifth Day of December 1690.
Conference on Mutiny Bill.
Sir John Guise reports from the Conference, That the Managers had attended the same: And that the Marquis of Halifax managed for the Lords; and acquainted them, that the Lords had agreed to the Amendment made by this House to the Bill, in respect to the First Amendment made by their Lordships, with a small Amendment made by them: But that they insist upon the other Amendments by them made to the Bill; and disagree to the Amendment made by this House to the Clause A; viz.
Because, if the Bill should extend in its full Latitude to Jersey and Guernsey, it would be impossible for such Number of Soldiers as may be thought necessary to be quartered there; there being so few Publick Houses to receive them.
Supply Bill; Wine Duties, &c.
An Amendment was proposed, That this Bill might so be, that Persons might lend unto their Majesties, as well upon the Security of this, as upon the Two former Acts made in the Reign of the late King James, from and after the Sum of Six hundred thousand Pounds shall be fully paid to the States General.
Then an ingrossed Proviso was offered, as a Rider; That nothing in the Act shall be construed to obstruct the Provision made by the Act in the First Year of their Majesties Reign, for the Payment of Servants of his late Majesty King Charles, not exceeding, in the Whole, Sixty thousand Pounds, in such Manner as by the Act is directed.
Navy and Army Accompts, &c.
The Earl of Ranelagh presented to the House, his Answer to the Observations made upon his Accompts by the Committee to whom the Consideration of the Estimates and Accompts relating to the Army, Navy, and Treasury, were referred. Also,
Mr. Fox presented to the House, his Answer to the Observations made upon his Accompts by the Committee to whom the Consideration of the Estimates and Accompts relating to the Army, Navy, and Treasury, were referred.
Supply Bill; Low Wines.
Resolved, That this House will, upon Friday Morning next, at Ten of the Clock, resolve itself into a Committee of the whole House, to consider of the Bill for laying several Duties upon low Wines, or Spirits of the first Extraction.
Commissioners of Accompts.
Resolved, That this House will, upon Friday Morning next, at Eleven a Clock, resolve itself into a Committee of the whole House, to consider of the Bill for appointing and enabling Commissioners to take the Publick Accompts.
Ordered, That Sir Cha. Bloys, Mr. Harley, Sir Jerv. Elwes, Sir Peter Colliton, Mr. Brockman, Mr. Beddingfeild, Mr. Clerke, Mr. Thornhaugh, Sir Ralph Dutton, Mr. Cooke, Mr. Henley, Mr. Thomson, Sir Sam. Barnadiston, be added to the Committee to whom the Petition of Sarah Knowles, is referred.