House of Commons Journal Volume 11: 8 February 1695

Veneris, 8 die Februarii;

Sexto Gulielmi Tertii.

Prayers.

Leave of Absence.

ORDERED, That Mr. Burdet have Leave to go into the Country for Three Weeks, his Wife being very ill.

A Message from the Lords, by Sir Miles Cook and Sir John Hoskins:

Mr. Speaker,

Rogers' Estate.

The Lords have passed a Bill, intituled, An Act to enable Jane Rogers, the Widow and Relict of Bryan Rogers, late of Falmouth, Merchant, deceased and Administratrix of his Goods and Chattels, with his Will annexed, and other Trustees therein named, to sell Lands for the Payment of the Debts and Legacies of the said Brian Rogers, in Performance of his said Will: And also.

Cliston's Estate.

A Bill, intituled, An Act to vest in Trustees certain Lands of Sir Gervase Clifton Baronet, in the County of Nottingham, for Payment of Debts, and raising Portions for younger Children:

To which they desire the Concurrence of this House. Also,

Rebuilding Warwick Town.

The Lords have agreed to the Bill, intituled, An Act for the rebuilding the Town of Warwick; and for determining Differences touching Houses burnt or demolished, by reason of the late dreadful Fire there; with some Amendments: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Christ-Church Ministers Maintenance.

A Bill for enabling the Inhabitants of the Parish of Christ-Church, in the County of Surrey, to make Rates for raising a Maintenance for a good and able Minister; and for impowering the Trustees of Mr. Marshall's Will to employ Monies for erecting a Steeple to the said Church, and furnishing the same with Bells; was read a Second time.

Resolved, That the Bill be committed to Sir Richard Onslow, Mr. Tayler, Sir Fra. Vincent, Sir John Guise, Sir Wm. Drake, Mr. Bowyer, Mr. Burrington, Mr. Cooke, Mr. Palmes, Sir Robert Davers, Mr. Brockman, Sir John Parsons, Mr. Thornhaugh, Mr. Turges, Mr. Thompson, Mr. Windham, Mr. Christie, Mr. Finch, Sir Richard Hart, Sir Ra. Dutton, Mr. Gwyn, Mr. Onslow, Sir John Moreton, Mr. England, Mr. Tilney, Mr. Papillion, Mr. Bromley, Sir Tho. Clarges, Lord Digby, Mr. Clarke, Sir Wm. Cook, Mr. Waller, Sir Tho, Dyke, Mr. Rudge, Mr. Arnold, Sir John Fleet, Mr. Bere, Mr. Brewer, Colonel Perry, Mr. Pooley, Mr. Hutchinson, Sir Wm. Cooper, Mr. Boyle, Mr. White, Mr. Blowfield, Sir Wm. Pritchard, Sir John Bolles, Sir Sam. Dashwood, Sir Tho. Vernon, Mr. Preston, Sir Tho. Cook, Sir Wm. Lemon; and all the Members that serve for the County of Surrey: And they are to meet To-morrow in the Afternoon, at Four a Clock, in the Speaker's Chamber.

And it is to be an Instruction to the Committee, That they do give publick Notice to the Inhabitants of the said Parish of Christ-Church, that the Bill is to lay a Rate upon them; to the end they may be heard touching the same, if they think fit.

Ditto.

A Petition of divers of the Trustees of John Marshall Gentleman, deceased, and Owners of Houses and Lands, and Inhabitants of the said Parish of Christ-church, on behalf of themselves and others, was presented to the House, and read; setting forth, That there is a Bill depending in this House for enabling the Inhabitants of the said Parish to make Rates for raising a Maintenance for a good and able Minister; and for impowering the Trustees of Mr. Marshall's Will to employ Monies for erecting a Steeple, and furnishing the same with Bells: That the said Bill is brought in by divers Persons who stile themselves the Trustees of Mr. Marshall's Will, and the Churchwardens and Overseers of the Poor of the said Parish, without the Consent of the Petitioners: And praying, That they may be heard touching the Matters contained in the said Bill.

Ordered, That the Examination and Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Ordered, That the said Committee have Power to send for Persons, Papers, and Records.

Committees.

Ordered, That all Committees have Liberty to fit in the Morning, before the Sitting of the House.

Petition from a person in custody.

A Petition of Richard Roberts, now in Custody of the Serjeant at Arms, was presented to the House.

And the Question being put, That the said Petition be now read;

It passed in the Negative.

Ordered, That the said Petition do lie upon the Table until Tuesday Morning next.

Importing Portugal Wines.

A Motion being made, and the Question being put, That the Bill for the importing Wines, and other Goods, from Spain, Portugal, and Italy, of the Growth of those Countries, in English and English built Ships, manned with Seamen of those Countries, be now read the First time;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The Bill was read.

Resolved, That the Bill be read a Second time.

Tryals for Treason.

The House, according to the Order of the Day, took into Consideration the Amendments, made by the Lords, to the Bill, intituled, An Act for Regulating of Tryals in Cases of High Treason, and Misprision of Treason:

And the same were read; and are as followeth; viz.

Skin 1. L. 10. instead of "King and Queen's" read "King's;" and instead of "Majesties," read "Majesty."

L. 16. For "Five," read "Eight."

L. 21. after "Indictment," add "but not the Witnesses Names usually indorsed thereon."

Skin 2. L. 16. after "Witnesses," leave out the Word "Two;" and read "either both of them to the same Overt Act, or one of them to one, and the other of them to another Overt Act of."

L. 22. after "notwithstanding," add the Clause marked "A;" and leave out from "and" to "that," in the 35 Line; and read "Be it further Enacted, by the Authority aforesaid."

Clause A. "Provided always, That any Person or Persons, being indicted as aforesaid, for any the Treasons, or Misprisions of the Treasons aforesaid, may be outlawed, and thereby attainted of or for any the said Offences of Treason, or Misprision of Treason; and in Cases of the High Treasons aforesaid, where, by the Law, after such Outlawry, the Party outlawed may come in, and be tried, he shall, upon such Tryal, have the Benefit of this Act: And be it further Enacted and Declared, by the Authority aforesaid, That if Two or more distinct Treasons, of divers Heads or Kinds, shall be alleged in One Bill of Indictment, One Witness produced to prove one of the said Treasons, and another Witness produced to prove another of the said Treasons, shall not be deemed or taken to be Two Witnesses to the same Treason, within the Meaning of this Act."

3d Skin, 8 Line, after "Whatsoever," add the Clauses marked B and C.

Clause B. "And whereas by the good Laws of this Kingdom, in Cases of Tryals of Commoners for their Lives, a Jury of Twelve Freeholders must all agree in one Opinion, before they can bring a Verdict, either for Acquittal, or Condemnation of the Prisoner: And whereas, upon the Tryals of Peers or Peeresses, a major Vote is sufficient, either to acquit or condemn: Be it further Enacted, by the Authority aforesaid, That, upon the Tryal of any Peer or Peeress for Treason, or Misprision, all the Peers who have a Right to sit and vote in Parliament, shall be duly summoned, Twenty Days at least before every such Tryal, to appear at every such Tryal; and that every Peer so summoned, and appearing at such Tryal, shall vote in the Tryal of such Peer or Peeress so to be tried; every such Peer first taking the Oaths mentioned in One Act of Parliament, made in the First Year of King William and Queen Mary, intituled, An Act for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths; and also, every such Peer subscribing, and audibly repeating, the Declaration mentioned in an Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament, and made in the Thirtieth Year of the late King Charles the Second."

Clause C. "Provided also, and be it Enacted, by the Authority aforesaid, That no Indictment for any the Offences aforesaid, nor any Process or Return thereupon, shall be quashed, on the Motion of the Prisoner, or his Counsel, for Mis-writing, Mis-spelling, false or improper Latin, unless Exception concerning the same be taken and made, in the respective Court where such Tryal shall be, by the Prisoner, or his Counsel assigned, before any Evidence is given, in open Court upon such Indictment; nor shall any such Mis-writing, Mis-spelling, false or improper Latin, after Conviction on such Indictment, be any Cause to stay or arrest Judgment thereupon; but nevertheless, any Judgment, given upon such Indictment, shall and may be liable to be reversed "upon a Writ of Error, in the same manner, and no other, than as if this Act had not been made."

The First and Second Amendments, being read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The Third Amendment being read a Second time;

And the Question being put, That the House do agree with the Lords, in the said Amendment;

It passed in the Negative.

The Fourth and Fifth Amendments, being read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The Sixth Amendment being read a Second time;

The Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

The Seventh Amendment being read a Second time;

The same was, upon the Question put thereupon, agreed unto by the House.

Clause B being read a Second time;

An Amendment was proposed in Line the 10th, after "Peers," to insert "residing within this Kingdom:"

And the said Amendment was, upon the Question put thereupon, agreed unto by the House.

Another Amendment was proposed in the Clause, L. 11. after "Parliament," to insert "in Cases of High Treason:"

And the said Amendment was, upon the Question put thereupon, agreed unto by the House.

Then the Question being put, That the House do agree with the Lords in the said Clause thus amended;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Clause C being read a Second time;

The same was, upon the Question put thereupon, agreed unto by the House.

Resolved, That a Conference be desired with the Lords upon the Amendments disagreed unto by this House.

Resolved, That a Committee be appointed to prepare Reasons, to be offered at a Conference with the Lords, for disagreeing to the said Amendments:

And it is referred to Mr. Mountague, Mr. Bromley, Sir Edward Seymour, Mr. Chase, Mr. Boyle, Colonel Titus, Mr. Smith, Mr. Finch, Sir John Thompson, Mr. Beddingfield, Mr. Boscowen, Mr. Pelham, Mr. Solicitor-General, Mr. Gwyn, Mr. Foley, Sir Eliab Harvey, Lord Digby, Mr. Arnold, Sir Tho. Dyke, Mr. Clark, Mr. How, Mr. Harley, Sir Henry Gough, Sir Wm. Whitlock, Sir Chr. Musgrave, Mr. Hutchinson, Sir Richard Temple, Mr. Hopkins, Mr. Palmes, or any Five of them: And they are to meet To-morrow Morning at Eight of the Clock, in the Speaker's Chamber.

Committees.

Ordered, That all Committees be adjourned, except such as are, by Adjournment, to sit To-morrow Morning.

And then the House adjourned till To-morrow Morning, Nine a Clock.