House of Commons Journal Volume 11: 14 February 1695

Jovis, 14 die Februarii;

7° Gulielmi Tertii.

Prayers.

A MESSAGE from the Lords by Mr. Holford and Mr. Pit:

Mr. Speaker,

Earl of Thanet's Indentures, &c.

The Lords have passed a Bill, intituled, An Act for confirming Two Indentures Tripartite, the one of Lease, and the other of Release, made between the Right Honourable Thomas Earl of Thanet Island, of the First Part; the Honourable Sackvil Tufton Esquire, of the Second Part; and the Honourable William Cheine Esquire, and Sir Charles Tufton Knight, of the Third Part; and the Estates thereby settled: And also,

Caryll's Estate.

A Bill intituled, An Act to vest in Trustees certain Lands, in Kent and Sussex, of John Caryll Esquire, for the Payment of Debts, and raising of Portions for younger Children; and to supply the Defects of a Conveyance intended for those Purposes: And also,

St. Martin's in the Vintry Church-yard.

A Bill intituled, An Act to confirm a Grant made by the Rector of the united Parishes of St. Michael-Royal, and St. Martin's in the vintry, London, of Part of St. Martin's Church-yard: And also.

Wanley's Estate.

A Bill intituled, An Act to enable William Wanley, an Infant, under the Age of One and-twenty Years, to new build several Messuages or Tenements in Ax-yard, King's-street, Westminster; and to enable his Guardian to make one or more Lease or Leases for effecting the same:

To which the Lords desire the Concurrence of this House.

And then the Messengers withdrew.

Privilege—a Person reprimanded and discharged.

Mr. Richard Roberts, attending, was, according to Order, called in; and at the Bar, upon his Knees, received a Reprimand from Mr. Speaker.

Ordered, That the said Mr. Roberts he discharged out of Custody, paying his Fees.

Free Proceedings in Parliament.

Ordered, That the ingrossed Bill, touching free and impartial Proceedings in Parliament, be read the Third time, upon Saturday Morning next, at Eleven a Clock.

Earl of Thanet's Indentures.

The ingrossed Bill from the Lords, intituled, An Act for confirming Two Indentures Tripartite, the one of Lease, and the other of Release, made between the Right Honourable Thomas Earl of Thanet Island, of the First Part; the Honourable Sackvile Tufton Esquire, of the Second Part; and the Honourable Wm. Cheine Esquire, of the Third Part; and the Estates thereby settled; was read the First time.

Resolved, That the Bill be read a Second time.

Privilege in relation to Suits at Law.

Sir Richard Onslow reported from the Committee appointed to consider how the Privileges of the Members of this House, in relation to Suits in Law and Equity, may be regulated, That they had considered the Matter to them referred; and had agreed upon several Resolutions; which they had directed him to report; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That every Member of the House enjoy the Privilege of his Person against Arrests and Imprisonments, in such manner as has been heretofore used and accustomed.

Resolved, That it is the Opinion of this Committee, That no Member, during the Continuance of this Parliament, have any Privilege, except personal, against any Commoner, in any Suit or Proceedings in Courts of Law or Equity, for any longer time than the House shall be actually sitting for Dispatch of Business in Parliament.

Resolved, That it is the Opinion of this Committee, That a Commoner have, at all times, Liberty to file an Original, a Bill of Middlesex, Latitat, or Quominus, or make an Entry to save a Right, in order to prevent a Bar by the Statutes of Limitations, against any Member of this House, notwithstanding any Privilege whatsoever.

Resolved, That it is the Opinion of this Committee, That if any Member shall, upon due Notice in Writing, signed by the Plaintiff, his or her Attorney, when and where to appear, refuse to give an Appearance to any Action whatsoever brought against him by a Commoner, at any time, except when the House shall be actually sitting, as aforesaid, the Plaintiff in such Action shall have Liberty to complain thereof, by Petition, in the next Session of Parliament.

Resolved, That it is the Opinion of this Committee, That a Commoner, have at all times, Liberty to exhibit any Bill in Equity against any Member of this House, in order only to examine Witnesses thereupon, to preserve their Testimony, notwithstanding any Privilege whatsoever.

Resolved, That it is the Opinion of this Committee, That no Servant of any Member shall, at any time, have any Privilege against any Suit or Proceeding in Law or Equity, brought by a Commoner against him, except only as to the arresting and imprisoning his Person, during the actual Sitting of Parliament for the Dispatch of Business, as aforesaid.

Resolved, That it is the Opinion of this Committee, That the Meeting of the House at any time, in order only to an Adjournment or Prorogation, shall not be understood or interpreted to give any other than personal Privilege to any Member against a Commoner.

Resolved, That this House will, upon Saturday Morning next at Eleven a Clock, take the said Report into further Consideration.

African Company.

Mr. Hungerford reported from the Committee, to whom the Examination and Consideration of the Petition of the Royal African Company of England was referred, That they had examined and considered the same; and also the several Petitions which were referred to the said Committee; and had agreed upon several Resolutions; which they had directed him to report; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That the Trade to Africa is an Encouragement to the Woollen Manufacture, and a beneficial Trade to the Nation.

Resolved, That it is the Opinion of this Committee, That Forts and Castles are necessary for carrying on, and preserving the Trade to Africa, to this Nation.

Resolved, That it is the Opinion of this Committee, That the Trade to Africa will be best carried on to the Benefit of this Nation, and the English Plantations in America, by a joint Stock.

Mr. Hungerford also acquainted the House, That the Committee had directed him to move the House, for Leave, That a Bill may be brought in, pursuant to their Resolutions.

Resolved, That this House will, upon Tuesday Morning next, take the said Report into Consideration.

Tonage Duties.

Ordered, That the Committee to whom it is referred to consider of the Act passed the last Session, for laying several Duties upon Tonage of Ships, as it relates to the Isle of Wight, and the Town and County of Southampton, and Town of Portsmouth, and all the Coasting Trade; and of the Doubts and Complaints relating thereunto; have Power to send for Persons, Papers and Records.

Call of the House.

The House, according to the Order of the Day, was called over:

And the Names of such as made Default were called over a Second time; and the Absence of several of them excused by reason of present Sickness, and Leave given to be absent for Recovery of Health, and upon extraordinary Occasions.

And the Question being severally put, that the Absence of Henry Fleming Esquire, John Speccot Esquire, Sir Fran. Drake, Sir John Bland, and Sir Edward Phelips, be excused;

It passed in the Negative.

Ordered, That Henry Fleming Esquire be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That John Speccot Esquire be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That Sir Francis Drake Baronet be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That Sir John Bland be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That Sir Edward Phelipps be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That Sir Bryan Stapleton do attend his Service in this House upon Monday Sevennight next; and, in Default thereof, that he be sent for in Custody of the Serjeant at Arms attending this House, without further Order, for absenting himself from his Service in Parliament.

Ordered, The Roger Kerby Esquire do attend his Service in this House in a Fortnight; and in Default thereof, that he be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That Sir William Morley do attend his Service in this House upon Monday next; and, in Default thereof, that he be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That the Clerk do prepare a List of such Members as have had Leave to be absent; and the Times they respectively had for the same.

Ways and Means.

Resolved, That this House will, upon Saturday Morning next, at Eleven a Clock, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply to be granted to their Majesties, for carrying on the War against France with Vigour.

Elections—incapacitating Persons refusing Oaths.

Ordered, That the Bill to disable all Persons from voting in Elections of Members to serve in Parliament, who shall refuse to take the Oaths to the Government, be read a Second time upon Monday Morning next.

Proceedings against Pauncefort.

Ordered, That the Consideration how to proceed further against Mr. Tracy Pauncefort be adjourned till To-morrow Morning.

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