House of Commons Journal Volume 11: 7 April 1694

Sabbati, 7 die Aprilis;

6° Gulielmi et Mariæ.

Prayers.

CAPTAIN Frederick Weghman, Daniel Kroger, and Simon Wedinghousen, took the Oaths appointed, in order to their Naturalization.

Recovering small Tythes.

The House proceeded to take into Consideration the Amendments made by the Lords to the Bill, intituled, An Act for the more easy Recovery of small Tythes:

And the said Amendments were read; and are as follow; viz.

Pr. 3. L. 4. leave out "other."

L. 6. leave out "then is given or provided."

L. 7. for "unless," read "if;" and after "or," add "if."

L. 30. after "Remedy," and "by this Act."

At the End of the Bill add the Provisoes marked A. B.

Proviso A. "Provided also, That this Act, or any the Remedies or Powers thereby provided, shall not extend to, or be put in Execution for, the Benefit or Relief of any lay Person or Persons whatsoever, Owners or Occupiers of any Lay-Impropriation, or RectoryImpropriate, or Portions of Tythes; but all such lay Impropriators, Owners, and Occupiers, shall be and are left to sue for, and recover, the small Tythes due to them, by such Ways and Means, and in such Manner and Form, as they might or could do before the making of this Act; any thing herein contained to the contrary notwithstanding."

Proviso B. "Provided always, and be it Enacted by the Authority aforesaid, That no Person shall act, vote, or intermeddle, as a Justice of Peace, by Force of any of the Powers, Authorities, or Jurisdictions, by this Act given or granted to Justices of the Peace, either in or out of the Quarter-Sessions, who is or shall be Owner, Landlord, or any-way interested in any House, Farm, Lands, or Tenements, the small Tythes whereof, or of the Occupier, or Inhabitant, of or in the same, shall be in Question, or sued for, by means of this Act."

The Four first Amendments, and Proviso A, being severally read a Second time, were, upon the Question severally put thereupon, disagreed unto by the House.

Proviso B being read a Second time, the same was, upon the Question put thereupon, agreed unto by the House.

Resolved, That a Committee be appointed to draw up Reasons to be offered to the Lords, at a Conference, touching the said Amendments:

And it is referred to Mr. Smith, Sir Edward Seymour, Mr. Solicitor-General, Mr. Clarke, Sir Chr. Musgrave, Mr. Palmes, Lord Coningsby, Sir Cha. Windham, Sir Tho. Littleton, Mr. Christy, Sir John Moreton, Mr. Roberts, Sir John Bolles, Sir Walter Young, Mr. Bowyer, Mr. Cooke: And they are to meet on Monday Morning next, at Eight of the Clock, in the Speaker's Chamber.

Papers to be returned.

Ordered, That the Clerk of this House do inspect the Writings in a Trunk of Mr. Brent's, in his Custody, brought before this House the last Parliament; and if he find any Writings therein that concern Mr. Palmes, a Member of this House, that he do deliver the same to him, by a Schedule of the Dates, and Natures thereof, taking a Receipt for the same.

The King's Speech to be considered.

Resolved, That this House will, upon Thursday Morning next, take into Consideration his Majesty's gracious Speech to both Houses of Parliament, on the 23th Day of March last.

Supply Bill; Poll Tax.

The House, according to the Order of the Day, resumed the adjourned Debate upon the ingrossed Bill for granting to their Majesties a Quarterly Poll, for One Year:

And an ingrossed Clause was offered, as a Rider, That the Monies which shall arise by the Act for granting certain Rates and Duties of Excise upon Beer, Ale, and other Liquors, during the last Three Years of the Sixteen Years, after all Arrearages of the Annuities paid, shall be hereafter disposed by Act of Parliament, and not otherwise:

And the same was twice read.

And the Question being put, That the Clause be read the Third time;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

The Clause was read the Third time; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

Another ingrossed Clause was offered, as a Rider, That the Assessors shall deliver to the Commissioners an Account of the Names of the Persons rated, within their several Districts, and the Sums wherewith they are charged:

And the same was read the First time.

And the Question being put, That the Clause be read a Second time;

It passed in the Negative.

Resolved, That the Bill do pass: And that the Title be, An Act for granting to their Majesties a Quarterly Poll, for One Year.

Ordered, That Sir Thomas Littleton do carry the Bill to the Lords, and desire their Concurrence thereunto.

Ways and Means.

The House, according to the Order of the Day, took into Consideration the Report from the Committee of the whole House, on Thursday last, to whom it was referred to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for Maintenance of the Fleet, and Land-Forces, for the Service of the Year 1694:

And the first Forty of the said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The 41th Resolution being read a Second time;

Several Amendments were proposed to be made therein; viz.

By leaving out "Skin of Vellum, Parchment, or;" and "ingrossed, or;" and "every Petition to their Majesties, the Privy-Council, or their Majesties Courts, Ecclesiastical or Civil."

And the same were, upon the Question severally put thereupon, agreed unto by the House.

And then the Question being put, That the House do agree with the Committee in the said Resolution, so amended, That a Duty of Sixpence be paid for every Sheet of Paper, upon which shall be written every Lawyer's Brief;

It passed in the Negative.

The Residue of the said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That a Bill be brought in upon the said Resolutions: And that Mr. Solicitor-General do prepare, and bring in, the same.

Supply Bill; Hackney Coach Duty.

A Bill for the Licensing of Hackney and Stage Coaches was read the Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Cavendish's Estate.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act for increasing the present Maintenance of the Honourable Henry Cavendish; and providing a Jointure for such Woman as he shall marry during the Life of his Father, the Earl of Devonshire; be read the Third time upon Monday Morning next, after Eleven a Clock.

Tonage Duties, &c. [Bank of England incorporated.]

Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for granting to their Majesties certain Duties upon Wines, and upon Beer, Ale, and other Liquors; and also of the Bill for granting to their Majesties several Duties upon the Tonage of Ships.

Supply Bill; Hackney Coach Duty.

Resolved, That this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for Licensing of Hackney and Stage Coaches.

And then the House adjourned till Monday Morning, Nine a Clock.