House of Commons Journal Volume 11: 2 May 1695

Jovis, 2 die Maii;

7° Gulielmi Tertii.

Prayers.

Poole Writ.

ORDERED, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the Borough of Poole, in the County of Dorset, in the room of Sir John Trenchard Knight, deceased.

Reversing Leisler's Attainder.

A Motion being made, and the Question being put, That the ingrossed Bill, from the Lords, intituled, An Act for reversing the Attainder of Jacob Leisler, and others, be now read the Third time;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

The Bill was read the Third time.

Resolved, That the Bill do pass.

Ordered, That Sir Henry Ashurst do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, without any Amendments.

The House interpose to prevent a Quarrel.

The House being informed, That Sir Edward Seymour had sent a Message to Sir Richard Onslow, occasioned by some Words, spoken in the House by each of them; by which it may be apprehended, that there is a Quarrel between them; and that some ill Consequences may ensue, if not prevented; and that Sir Richard Onslow is gone out of the House.

Ordered, That Sir Richard Onslow be summoned to attend this House, in his Place, immediately.

Ordered, That Sir Edward Seymour do not go out of the House.

Resolution against offering Bribes to Members.

Resolved, That the Offer of any Money, or other Advantage, to any Member of Parliament, for the promoting of any Matter whatsoever, depending, or to be transacted, in Parliament, is a high Crime and Misdemeanor, and tends to the Subversion of the English Constitution.

Duke of Leeds' Impeachment.

Ordered, That the Committee who were appointed to prepare the Articles of Impeachment against the Duke of Leeds, do withdraw into the Speaker's Chambers.

Sir Richard Onslow being come into the House;

The House interpose to prevent a Quarrel.

Resolved, That Sir Edward Seymour and Sir Richard Onslow be enjoined by this House, not to take notice of any Quarrel that hath happened between them in the House; and that they do pursue the same no further; and that they be required to stand up in their Places, and declare to the House, they will not do it.

And they both stood up accordingly in their Places, and declared, That they submitted to the Order of the House.

Act of Grace.

Resolved, That the Bill intituled, An Act for the King's most Gracious, General, and Free Pardon, be now read.

The Bill was read.

And, the same being signed by the King, the House sat uncovered all the Time of Reading.

Resolved, That the Bill do pass.

Ordered, That Mr. Solicitor-General do carry the Bill to the Lords, and acquaint them, That this House hath agreed thereunto.

Lords desire House to continue sitting.

A Message from the Lords, by Mr. Holford and Mr. Pitt:

Mr. Speaker,

The Lords have sent us, to desire that this House will sit for some time.

And then the Messengers withdrew.

Resolved, That this House will sit some time, as the Lords do desire.

And the Messengers were called in again: And Mr. Speaker acquainted them therewith.

Duke of Leeds' Impeachment.

Mr. Comptroller reported from the Committee, who were appointed to prepare the Articles of Impeachment against the Duke of Leeds, That they had considered of some of the Matters to them referred, and had come to a Resolution; which they had directed him to report to the House; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That the proper Method to compel Witnesses to come in, and give their Evidence, upon Impeachments, is, in the first Place, to issue out Summons, from this House, to such Witnesses, for their Attendance.

Mr. Comptroller also reported, That it appearing to the Committee, That Monsieur Robart is a material Witness, for making good the Articles of Impeachment against the Duke of Leeds; and that, at the time of the Examination of Witnesses, by the Committee of both Houses, he was a menial Servant to the said Duke: and that, he being summoned to attend the said Committee, the Messenger went to the said Duke's Lodgings, at St. James's; where he was informed, he, the said Robart, was gone to Mimms, to the Lord Carmarthen's House there; whereupon the said Messenger went thither, in order to have him attend the said Committee; and brought Answer back to the said Committee, That when he came there, to Mimms, he was told by the Servants, That the said Mr. Robart was there; but going in, and inquiring further after him, he was then told, that he was not there: And that, it being not yet known where the said Robart is, the Committee thereupon are of Opinion, not to make any further Progress in the Matters to them referred, untill the further Pleasure and Direction of the House be known.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the proper Method to compel Witnesses to come in, and give their Evidence, upon Impeachments, is, in the first Place, to issue out Summons, from this House, to such Witnesses, for their Attendance.

Ordered, That Monsieur Robart do attend this House forthwith, to be examined touching the Matter relating to the Duke of Leeds; and that he be summoned by the Serjeant at Arms attending this House, for that Purpose.

Ordered, That the said Committee do meet again this Afternoon at Six a Clock, and consider further of the Matters before them.

Conference with Lords— Imprisonment of Sir T. Cooke, &c.

A Message from the Lords, by Mr. Holford and Mr. Pit:

Mr. Speaker,

The Lords do desire a present Conference with this House, in the Painted Chamber, upon the Matter of the Amendments, made by this House, to the Bill, intituled, An Act for imprisoning Sir Thom. Cooke, Sir Bazil Firebrace, Charles Bates Esquire, and James Craggs; and restraining them from aliening their Estates.

And then the Messengers withdrew.

Resolved, That the House do agree to a present Conference, as the Lords do desire.

And the Messengers were called in again: And Mr. Speaker acquainted them therewith.

Resolved, That Sir Edward Seymour, Sir Richard Onslow, Sir Thom. Dyke, Mr. Boyle, Mr. Comptroller, Mr. Chancellor of Exchequer, Mr. Gwynn, Sir Henry Hobart, Mr. Clarke, Sir Eliab Harvey, Sir Herbert Crofts, Sir S. Barnardiston, Mr. Seobell, Mr. Harley, Mr. Pelham, Sir Walter Young, Sir Jos. Tredenham, Mr. Bromley, Mr. Arnold, Mr. Harvey, do manage the said Conference.

And the Managers went to the Conference.

And being returned;

Mr. Chancellor of the Exchequer reported, That the Managers had met the Lords at the Conference; and that the Lord Rochester managed it on the Part of the Lords; and said, That it was desired by the Lords to preserve the good Correspondence between both Houses; and that, in case they could prevail with this House not to insist on their Amendments, the Matter would end in as good a Correspondence, as the Committees of both Houses had begun: And that the Lords have disagreed to the First Amendment, in leaving out Sir Thomas Cook; because both Houses have declared their Opinion, That Sir Thomas Cooke has not made a full and satisfactory Discovery; and the Lords are doubtful, whether the Act, intituled, An Act to indemnify Sir Thomas Cooke from Actions, &c. may not allow him to be bailed, by virtue of the Habeas corpus Act, at the Discretion of the Commissioners of Accounts; which is contrary to the Intention of their Lordships, who think a Matter of such extraordinary Nature, that has been once under the Consideration of a Committee of both Houses, is sit only for the further Examination and Determination of Parliament:

And that, to all the other Amendments, made by the Commons, excepting Two, the Lords have disagreed; to wit, That made in the 29th Line of the 1st Press, and the Clause marked B; to which their Lordships have agreed.

And, their Lordships conceiving, That most of the other Amendments, made by the Commons, do chiefly relate to the bailing Three of the Persons mentioned in the Bill, as it was sent from the Lords, they have directed their particular Reasons against the Clause marked A, . . . . .; hoping, That if the Commons can be prevailed with to desist from that Amendment, they will the more easily be induced to agree with the Lords in all the rest; the Reasons for their Lordships disagreeing with the Clause marked A, are, because, They conceive, The Persons mentioned therein have not deserved the Favour of the Two Houses; and if there may be any Prospect, that, in a future Session of Parliament, a fuller Discovery of the Truth may be obtained, the Lords are of Opinion, the likeliest way to attain that End is, That the Persons abovementioned be not left at Liberty to dispose of their Effects, as allowed by the Amendments of the Commons, but that their whole Estates may remain subjected to what Fines may be laid upon them; in which Condition, the Lords conceive, they ought to remain till they have given Satisfaction to both Houses; and if their Persons, as well as their Estates, be not, with the striclest Care, preserved for the Justice of a future Session of Parliament, all future Inquiry into so soul a Corruption will be wholly ineffectual.

Then the First Amendment, Pr. 1. L. 21. being read;

And the Question being put, That the House do insist upon the said Amendment;

It passed in the Negative.

The next Amendment, L. 25. being read;

And the Question being put, That the House do insist on the said Amendment;

It passed in the Negative.

The next Amendment, L. 35. being read;

And the Question being put, That the House do insist on the said Amendment;

It passed in the Negative.

Amendment, Press 2. L. 9. being read;

And the Question being put, That the House do insist on the said Amendment;

It passed in the Negative.

The Amendment of the Title of the Bill being read;

And the Question being put, That the House do insist on the said Amendment;

It passed in the Negative.

Ordered, That Mr. Mountague do carry the Bill to the Lords, and acquaint them, That this House doth not insist upon the said Amendments, to which their Lordships have disagreed.

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