House of Commons Journal Volume 12: 4 May 1699

Jovis, 4 die Maii;

Undecimo Gulielmi 3tii.

Prayers.

Lords desire a Conference.

A MESSAGE from the Lords, by Sir John Franklyn, and Sir John Hoskyns:

Mr. Speaker,

The Lords desire a Conference with this House, at One a Clock, in the Painted Chamber, upon the Subjectmatter of the last Conference.

Resolved, Nemine contradicente, That this House will send an Answer by Messengers of their own.

And the Messengers were called in again; and Mr. Speaker acquainted them, That the House had considered of the Message, and would send an Answer by Messengers of their own.

Lestwithell Election.

Ordered, That John Hicks Esquire have Leave to withdraw his Petition touching the Election for the Borough of Lestwithell, in the County of Cornwall.

Abuses in King's Bench and Fleet Prisons.

Mr. Offley reported, from the Committee, to whom the Petition of John Goodall, and the several Petitions of Mr. Lascoe, Sir William Duncomb, Mr. Killegrew, Eleanor Smith, John Praed, Thomas Hamerly, and Henry Caldecot, and Mr. Glover, were referred; and who were to inquire into the ill Practices and Abuses of the Prisons of the King's-Bench and Fleet; the Matter, as it appeared to the said Committee, and the Resolutions of the Committee thereupon; 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.

That upon the Petition of the said John Goodall, the Matter appeared as followeth:

Mr. Richard Day said, That, by Direction of Mr. Goodall, he caused John Kelson to be arrested in an Action for 2,800 l.; who, by Habeas Corpus, removed himself to the Fleet Prison, where he was actually a Prisoner:

That afterwards a Statute of Bankruptcy issued against the said John Kelson; and he was adjudged a Bankrupt by the Commissioners, Mr. Goodall the Petitioner having proved the said Debt before them; and Three of the said Commissioners, whereof the Informant was One, went to the Fleet, in order to examine the said Kelson, upon Oath, for a Discovery of his Estate; but, though he appeared before them, he obstinately refused to be sworn: Whereupon the said Three Commissioners, by Warrant under their Hands and Seals, dated the 4th Day of August 1697, and directed to the then Warden of the Fleet, did, by virtue of the said Commission, require and authorize the said Warden of the Fleet to detain the said Kelson in his Custody, without Bail or Mainprize; since which he has escaped without answering.

Thomas Leaky said, That he served Mr. Church, the then Warden of the Fleet with the said Warrant, the same Day as it bore Date; and Mr. Church owned, That the said Mr. Kelson was then his Prisoner.

In answer to which;

Mr. Ford, the now Warden of the Fleet, said, That he finds, by the Commitment-Books of the Fleet, that John Kelson was committed a Prisoner there, on Mesne Process, the 31th of July 1697; but does not find any Entry of the said Warrant from the Commissioners of Bankrupts, in any of the Fleet Books:

That he was sworn, and admitted, Warden of the Fleet, on the 28th Day of September 1697; when he had an Indenture of Assignment of the Prisoners committed to his Charge, in Number about 100; but the said John Kelson is not named therein; nor was then in the Prison; neither does he know him, nor ever saw him, nor knows what is become of him:

But said, That since he was admitted Warden, he has superseded Goodall's Actions; and produced the Supersedeas:

That he insisted, That the Commissioners of Bankrupts have no Power to charge the Warden of the Fleet with any Prisoner, for a Contempt of their Command; but he ought to be looked upon as a Criminal, and removed by Habeas Corpus to the County-Gaol; and instanced the Case of one Gregory, a Bankrupt, and Prisoner in the Compter, who brought Three several Habeas Corpuses to remove himself to the Fleet, and was as often remanded to the Compter by the present Lord Chief Justice Treby:

That he further alleged, That the Warden cannot be charged with the Custody of any Prisoner, save by the Council-Board, or Courts of Westminster-hall; for that a Justice of Peace cannot commit to the Fleet, much less Commissioners of Bankrupts.

Upon which the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That the Petitioner John Goodall has fully proved the Allegations of his Petition.

That upon the Petition of Mr. Lascoe, the Matter appeared to be as followeth;

That Sir John James, and others, was indebted to the Petitioner 1,400 l. upon a Bond of 4,000 l. Penalty, upon which Sir John James was arrested, who turned himself over to the Fleet; and, in Trinity Term 1697, Sir John James was charged, and committed in Execution, in the Fleet, at the Suit of the Petitioner, for 4,000 l. Debt, and 22 l. Costs:

That, on the 16th Day of September 1697, Sir John James escaped, and was seen in Gerrard-street, near St. Anne's Church, Westminster, by Mr. Holden, the Petitioner's Attorney, and Mr. French; who asked him, What he did there? He said, He was about his Business; and then voluntarily went with them to the Fleet: And they complained of the said Escape to Mr. Church, the then Warden: He said, He had Security, but hoped no Notice would be taken of the said Escape:

That, in Michaelmas Term 1697, the Petitioner Lascoe brought his Action of Escape against the said Mr. Church, and obtained Judgment thereon; and moved the Court of Common-Pleas for a Sequestration; which was not granted; because the Judges thought the Petitioner could have no Advantage thereby, by reason of the many Incumbrances that were upon the Office of the Fleet; since which the said Mr. Church is absconded; and, as the Petitioner is informed, Sir John James hath, by Habeas Corpus, removed himself to the King's-Bench Prison, from whence he hath also escaped.

Mr. Holding said, That the Door-keeper of the King'sBench told him, That Sir John James was a Prisoner there; and Mr. Taylor, the then Marshal, told him, He should see Sir John in Two or Three Days; after which Holding went down again, but could not be admitted to see him.

That, to this Petition, Mr. Ford, the now Warden, answered;

That he admits Sir John James was charged in Execution, as the Petition sets forth; that he was afterwards seen in Gerrard-street; and that Judgment was recovered against Mr. Church, as aforesaid; but that Judgment is referred to a Prothonotary, as irregular; and hopes it shall not be adjudged an Escape, the Prisoner returning the same Day; and a fresh Pursuit being allowed, by which he might have been taken:

That Sir John James was a Prisoner turned over to Ford; and was never, after the said 16th Day of September 1697, out of the Walls of the Prison, until he removed himself to the King's-Bench, by Habeas Corpus.

Mr. Gimbart, now Marshal of the King's-Bench, said, He was sworn Marshal in pursuance of an Act of Parliament, on the 29th December last, when he had but 31 Prisoners committed to his Charge, or turned over to him, among which Sir John James is not named; but he has heard, since his Admission, that Sir John James was a Prisoner to Mr. Taylor, the late Marshal; and that he suffered him to escape.

Resolved, That it is the Opinion of this Committee, That the Petitioner Francis Lascoe has fully proved the Allegations of his Petition.

That upon the Petition of Sir Wm. Duncomb, the Matter appeared to be as followeth;

That the said Petitioner caused Henry Killigrew Esquire to be taken in Execution, for 400 l. Debt: who turned himself over to the Fleet Prison, and soon after escaped from thence, and was several times after seen out of the Rules of the said Prison: Whereupon, the Petitioner brought his Action of Escape against the said Mr. Church, the then Warden of the Fleet, and recovered Judgment against him in Trinity Term 1697, for the said 400 l. and the Court granted a Sequestration of the Profits of the Fleet, pursuant to a late Act of Parliament; but the Petitioner could obtain no Relief thereby: That, since the Sequestration, the Petitioner agreed to accept of 250 l. in Satisfaction of his said Debt; to strengthen which, an Assignment to Francis Guy of a former Mortgage upon the Fleet, to one Norwood, which was saved by a late Act of Parliament, and inrolled in pursuance thereof, and was transferred to the Petitioner; and Guy made Oath, That the said Assignment to him was well executed; and that he had not given any Declaration of Trust thereof; though Mr. Tilly afterwards said he had:

That 50 l. being the first Sum to be paid by the Agreement, was not paid at the time it ought; though Mr. Killegrew had paid it, as Mr. Ford owned; and Sir William, looking on Guy's Assignment as a sham Security, refused afterwards to receive it.

In Answer to which;

Mr. Ford, the now Warden, said, That the Matters of the said Petition were transacted before he was Warden of the Fleet; but that, subsequent to the said Sequestration, Sir Will. Duncomb, by Writing under his Hand and Seal, agreed to take 250 l. to be paid at several times, in full Satisfaction of his said 400 l. Debt, and had Norwood's Mortgage assigned over to him, as his Security; of which he believes, and Mr. Tilly did affirm, Francis Guy had not made any Declaration of Trust; yet, because the first Payment, being 50 l. was not paid at the precise Day it ought, Sir William would not receive it, though it was tendered him in Three Weeks afterwards:

That Sir William Duncomb offered at the Committee to receive the said 50 l.

That upon the Petition of Mr. Killigrew, relating to The Matter of Sir William Duncomb's Petition;

Mr. Killigrew said, That he has preferred his Bill, in Chancery against Sir William Duncomb, to be relieved against the said Judgment, having paid Part of the Money due thereon to Sir Edward Bash, under whom Sir William claims; and said, That he was a Prisoner in the Fleet; and did not know that he was charged in Execution.

Whereupon the Committee came to the Resolution following;

Resolved, That it is the Opinion of this Committee, That Sir William Duncomb has fully proved the Allegations of his Petition.

That upon the Petition of Eleanor Smith, Widow, and Executrix of Fran. Smith, deceased, it appeared;

That her late Husband became bound for, Thomas Bromhall, deceased, who then had the Inheritance of the Fleet in him, to divers Persons; and paid several Sums of Money for him, particularly 50 l. to Alice Fitnesse; for which the Petitioner produced Receipts, and proved them by one Thomas Middleton:

That Bromhall gave the Petitioner's Husband CounterBonds for his Indemnity; and Mr. Tilly, who has since purchased the Inheritance of the Fleet, under an Act of Parliament, being sensible, that the Petitioner intended to oppose the said Act, did, on the First Day of May 1693. give Bond to the Petitioner of 400 l. Penalty, for Payment of 212 l. in May 1695, without Interest; of which Mr. Tilly has paid but 7 l. 6 s. and the Petitioner threatening to sue him upon the Bond, he said, He was in his Castle: And the Petitioner said, She was unable to sue him.

That upon the Petition of John Praed, it appeared;

That in Trinity Term 1690 the Petitioner exhibited his Bill in Chancery against William Warr, and others; and in December 1691, the Cause was heard, an Account directed, and Warr ordered to pay the Petitioner's Costs; which were afterwards taxed at 53 l. 8 s. 3 d. and the Master reported 6,404 l. 9 s. 7 d.:

Abuses in Kings-Bench and Fleet Prisons.

That, to avoid the Payment of the said Costs, Warr sheltered himself in the Mint; from whence he was taken, by virtue of an Order of the Court of Chancery, and committed a Prisoner to the Fleet; but Warr having his Liberty the Petitioner complained to the Lord Chancellor, who made several Orders for his Consinement within the Walls of the said Prison, and until further Order; yet Warr enjoyed his Liberty; and, upon further Complaint made to the Lord Chancellor, he thereupon ordered Mr. Church, the then Warden of the Fleet, to pay the Petitioner 50 l. Part of the aid 53 l. 8 s. 3 d. Costs, and the further Sum of 25 l. which the Master had taxed for Costs, that the Petitioner was put unto in prosecuting for the said 53 l. 8 s. 3 d.

Mr. John Coode, Mr. Praed, Soll. said, That, several times after Warr was committed to the Fleet, and was ordered to be kept within the Walls of the said Prison, he saw him in several Places, without a Day Rule, or a Keeper, in the Vacation-time; and talking to the said Mr. Church about Warr, he said, That as long as Warr could feed Mr. Tilley with Money, he would let Warr have his Liberty to go where he pleased.

That the Petitioner has a Decree signed and inrolled, for the 6,404 l. and a Sequestration thereupon; but has not reaped any Benefit thereby.

In Answer to which Petition;

Mr. Tilly said, That he admitted Warr was committed a Prisoner to the Fleet for the said 53 l. 8 s. 3 d. Costs, and no more; and that the Lord Chancellor made such Order as aforesaid; but said, The Warden of the Fleet could not be charged with the 6,404 l. 9 s. 7 d. mentioned in the Petition; because the Decree in Chancery was not confirmed and inrolled till after Warr, with his Causes, was removed from the Fleet to the King's-Bench, by an alias Habeas Corpus, the 27th June 1696.:

That the Office of the Fleet paid the said 50 l. pursuant to the Lord Chancellor's Order; and also Part of the said 25 l. and believes Mr. Ford, the now Warden, will pay Mr. Praed the Remainder of the 25 l. whenever he will receive it:

And Mr. Ford said, He will pay Mr. Praed what shall appear due to him of the said 25 l. as soon as he pleases:

That Mr. Praed owned the Receipt of the 50 l. and Part of the 25 l.:

That it does appear, by the Books of the King's-Bench Prison, that Warr was removed thither by Habeas Corpus.

That, upon the Petition of Tho. Hamerly and Henry Caldecott, Mr. Dotting, an Attorney, said,

That the Petitioners caused Gerrard Lodowick to be arrested, who turned himself over to the Fleet Prison, and, in Michaelmas Term last, the Petitioners obtained Two Judgments against the said Lodowick, for 412 l. but the Warden of the Fleet lets him go where he pleases:

The said Attorney confessed, That Hamerly and Caldecott had not sought any Remedy against the now Warden of the Fleet.

To this the Warden only said;

That there are Writs of Error brought upon the said Judgments, which are now depending,

That upon the Petition of Mr. Glover, also referred;

It was proved, That he was admitted Marshal of the King's-Bench in 1681, by virtue of a Grant made by Mr. Cooling:

That he attended the Committee, and, not being ready to prove the Allegations of his Petition, the Committee gave him a further Day; but afterwards meeting Mr. Sevear, and one Mr. French, in the Court of Request, Mr. Glover told them, That he presented his Petition to the House at the Instigation of Dr. Oates, and did not intend to proceed any further upon his Petition before the Committee:

That a Rule of Court, 1° Jac. II. was produced to discharge Glover from his said Office; and he is since barred by Act of Parliament:

Abuses in King's-Bench and Fleet Prisons.

And that nobody appeared on behalf the Petition of Antho. Morris; which was also referred to the Committee.

That as to the Abuses and ill Practices of the King's Bench and Fleet;

It appeared by the Books of the King's-Bench, That betwixt the 2d of May 1696, and the 29th Day of December last, 1,498 Prisoners had been committed to that Prison; of which but 137 appeared to be discharged, most of them upon the 10 l. Act, and by Habeas Corpus:

That many of the said Prisoners that have escaped were charged with very great Sums of Money; particularly the aforesaid Sir John James, for 41,000 l. Bonam Strangways charged with 26 Actions for 7,000 l. and many others:

That, by the Fleet Prison's Books, it appeared, That 1,651 Persons had been charged from the 28th of April 1696, to the First of December last; whereof but 285 were discharged, as follows; viz.

So that within the Times aforesaid, both the said Prisons stood charged with 3,149 Persons; and but 422 of them were legally discharged, as appears by their Books.

That it appeared also to the Committee, That James Hunter, a late Waiter to the King's-Bench, deceased, had several Habeas Corpus and Reddit se in his Custody, at the time of his Death; which ought to have been filed in the Marshal's Office:

And the Prisoner charged therewith, the Habeas Corpus and the Reddit se were produced by Hunter's Widow.

And then the Committee proceeded to inquire what Incumbrances are upon the said Prisons;

And Mr. Lentall, who has the Inheritance of the Office of Marshal of the King's-Bench, said, He knows of no other Incumbrances thereon but what Mr. Boulter hath, as the Executor of Sir John Cutler, deceased; and what Mr. Seviar pretends to claim, by virtue of a Writing executed by Lentall:

That the Incumbrances of Sir John Cutler appeared to be a Statute-Staple entered into by Mr. Lenthall, to Sir John Cutler, for 10,000 l. dated the 10th of August 1682.

12th August 1682, an Indenture between Mr. Lenthall and Sir John Cutler, reciting the said Statute; whereby Mr. Lenthall agreed, That the Office of Marshal of the King's-Bench, and his Manors of Lachford and Haseley, in Oxfordshire, should be One Joint-Security to Sir John, to be void on Payment of 7,000 l. and Interest:

That afterwards Sir John Cutler lent Mr. Lentall more Money; and, upon a stated Account, under Mr. Lenthall's Hand and Seal, dated the 19th of June 1697, there appeared to be due to Sir John Cutler's Estate, on the 20th May 1697, the Sum 18,001 l. 19 s. 1d.:

That Mr. Lenthall has lately sold the Manors of Hasely and Latchford, to the Earl of Radnor, for 8,501 l. 10s. so that the Office of Marshal, to the said 29th of May, stands charged with the remaining Sum of 9,500 l. 9s. 1d.

Mr. Boulter said, He was no-ways privy to, or consenting to, the Bargain made between Mr. Lentall and my Lord Radnor.

That in Obedience to the Order of the House, Mr. Sevear was heard by his Counsel;

Sir William Williams, who produced Articles, bearing Date the 25th Day of November 1684, executed by William Lentall Esquire, under Hand and Seal; whereby he covenanted, in Consideration of 45 l. to be paid down, and 1,600 l. per Annum Rent charge, payable Quarterly, to grant to Mr. Sevear, and his Assigns, for Life, the Office of Marshal of the Marshalsea of the King's-Bench, with the Prison, and Perquisites thereunto belonging; to commence immediately after the Death, Surrender, Forfeiture, or other Determination, of the former Grant to Henry Glover of the said Office:

That Mr. Sevear accordingly paid the said 45 l. and at several other times, other Sums of Money, amounting to above 200 l. in Part of the first Quarter's Rent:

That, Glover's Grant being determined, Lenthall refused to perform the said Articles, and granted the said Office to Mr. Briggs; whereupon Sevear, in 1694, exhibited his Bill in Chancery against Lenthall, Briggs, and others, to compel a Performance of the said Articles: And, upon hearing of the Cause, Briggs' Counsel allegeing, That he had no Notice of the Articles, the Court directed an issue at Law, to try whether he had Notice before his Grant, or not; upon which Tryal a Verdict was found for Sevear, That Briggs had Notice:

That, after the said Verdict, and before Sevear could have any Benefit thereby, a late Act of Parliament passed for the more effectual Relief of Creditors, in Cases of Escapes; and for preventing Abuses of Prisons, and pretended Privilege-Places; wherein there is a Clause to vacate all Grants or Deputations then before made, by Mr. Lenthall, of the said Office; of which Sevear declared he had no Notice; and coming back to the Chancery, Sevear's Bill was dismissed by reason of the said Clause:

That, since such Dismission, Sevear brought his Action of Covenant against Lenthall, and hath recovered 2,322 l. 17s. 6d. thereupon; as appeared by Three several Judgments produced to the said Committee.

Sir William Williams also alleged, That Sevear had done all that Law would allow to do himself Right; and all that can be done is only to confine Lenthall to his own House, and Dominion; and can have no Satisfaction without the Help of an Act of Parliament, though it has cost Sevear above 2,000 l. as informed:

To prove which he called,

John Stanley, Mr. Sevear's Attorney: Who said, Mr. Sevear brought his Bill in Chancery against Lenthall, Briggs, and others; and, before the Defendants answered, they preferred a Cross-Bill against Mr. Sevear; and those Suits, with the said Issue directed, and References to Masters, cost Mr. Sevear 1,500 l. as he believes, besides what Charges he was at in prosecuting other Tryals at Law.

It appeared to the Committee, That George Moor had recovered Judgment against the said Mr. Lenthall, 3° Will. & Mar. for 2,025 l. for the Escape of Henry Paine, who was a Prisoner, in Execution, to Mr. Lenthall, when he executed the Office of Marshal himself:

That Moor sued out an Elegit, and seized Part of Lenthall's Goods and Estate in Oxfordshire; which Goods were sold, and produced about 100 l. besides Charges; but he was turned out of the Possession of the Lands by Mr. Boulter, by virtue of a prior Incumbrance, and can have no Relief against Lentall's Person; because those Persons who have since exercised the Office of the Marshal of the King's-Bench have been favourable to the said Mr. Lentall.

That the Warden of the Fleet said, He knew of but Four Incumbrances of the Fleet, viz. Norwood's Smith's, Johnson's, and Clement's:

That nobody appeared to make out the Incumbrances to Norwood and Johnson:

That the Incumbrance to Mr. Clements was a Mortgage upon the Fleet, made to him in Trust for several others, the 3d of May 1678, for the Term of 500 Years, in Consideration of 2,299 l. principal Money;

That 1,842 l. with Interest, Part of the said 2,299 l. became due to Five Sisters of Sir Edward Low, deceased, who, in 1693, relinquished all their Claims as to Interest of the said 1,842 l. Principal, which amounted to near 2,000 l. upon Condition an Act of Parliament should be obtained for Sale of the Fleet, and that they were paid their principal Money by the First of January 1693, which was not paid, though the Act was obtained:

That the said Five Sisters have received but 250 l. of the said 1,842 l. and Interest; so that there remained due to them, on the First of January last, from the First of January 1693, only, the Sum of 2,012 l. 16s. 9¼d.

Besides which, the Fleet stands charged, by the said Incumbrance, with the remaining Sum of 457 l. principal Money, and Interest:

Smith's Security is as follows; That Bromhall, being seized in Fee of a Farm in Shropshire, sold the same, in December 1677, to Smith, for 500 l.; and covenanted, that the same was free from Incumbrances, though he had before entered into a Recognizance in the Court of Chancery, together with Wm. Allanson and Edward Kinaston, for 800 l.: That, Bromhall dying, Kinaston sued out a Scire facias against the said Farm; and Smith preferred a Bill in Chancery, to be relieved against it; but the Court, on the 22d of June 1683, decreed Smith to pay Kinaston what he had paid for Bromhall, with Costs, by reason of the said Recognizance, which was to be assigned over to Mr. Smith, on Payment of the Money:

That the Master in Chancery reported 425 l. 11s. 3d. due for Kinaston; and Smith paid the Money in 1683, and took a Receipt; and had the Recognizance assigned over:

And afterwards Smith preferred his Bill in Chancery against Norwood, a Mortgagee of the Fleet, and others, to be let into the Profits of the Prison and Premises, for Satisfaction of his said Debt: And the Court of Chancery, 26 January 1685, decreed the Equity of Redemption of the Premises mortgaged to Norwood for Smith's Benefit:

That Smith is since dead; and his Right and Interest in the Premises is vested in Thomas Holmden, and Mary his Wife, and Richard Short, and Eliz. his Wife, the Two only Daughters, and Administratrixes, with the Will annexed, of the said Anthony Smith.

And that, upon the whole Matter, the Committee came to the Resolutions following;

Resolved, That it is the Opinion of this Committee, That the present Officers of the Marshal of the King's-Bench and Warden of the Fleet Prisons, in respect of their Management, have been very prejudicial to personal Credit, and a great Grievance to the whole Kingdom.

Resolved, That it is the Opinion of this Committee, That the many Incumbrances on the said Offices do cover those Prisons against Judgments, in Cases of Escapes; whereby the good Intention of the late Act of Parliament for Relief of Creditors is eluded; the Keepers of the said Prisons, for Bribes, continuing to suffer Escapes; and the Creditors left without Remedy for the same.

Resolved, That it is the Opinion of this Committee, That no Habeas Corpus shall be hereafter granted for removing of Prisoners in personal Actions to any of the Courts at Westminster-hall, in order to be turned over to the King's-Bench or Fleet Prisons, but upon sufficient Cause shewn by the Defendant, or some Person for him, in open Court, in the Presence of the Plaintiff, or some Person authorized by him.

Resolved, That it is the Opinion of this Committee, That the Way for preventing the Abuses of the King'sBench and Fleet Prisons is, by discharging the Incumbrances that are upon the said Prisons, by Sale of the said Offices, or otherwise; and that, for the future, neither of the said Offices should be liable to any Incumbrances, except upon Escapes.

The First Resolution being read a Second time;

Resolved, Nemine contradicente, That the House do agree with the Committee in the said Resolution, That the present Offices of the Marshal of the King's-Bench and Warden of the Fleet Prisons, in respect of their Management, have been very prejudicial to personal Credit, and a great Grievance to the whole Kingdom.

The Second Resolution being read a Second time;

Resolved, Nemine contradicente, That the House do agree with the Committee in the said Resolution, That the many Incumbrances on the said Offices do cover those Prisons against Judgments, in Cases of Escapes; whereby the good Intention of the late Act of Parliament for Relief of Creditors is eluded; the Keepers of the said Prisons, for Bribes, continuing to suffer Escapes; and the Creditors left without Remedy for the same.

Abuses in King's Bench and Fleet Prisons.

The Third Resolution being read a Second time;

An Amendment was proposed to be made therein, by leaving out "but upon sufficient Cause shewn by the Defendant, or some Person for him, in open Court, in the Presence of the Plaintiff, or some Person authorized by him," and inserting, instead thereof, "and if any Person shall be removed by Habeas Corpus, and the Person so removed shall not be bailed, or totally discharged, that then the Person so removed shall be remanded to the Prison from whence he was brought:"

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

Resolved, Nemine contradicente, That the House do agree with the Committee in the said Resolution, so amended, That no Habeas Corpus shall be hereafter granted for removing of Prisoners in personal Actions to any of the Courts at Westminster-hall, in order to be turned over to the King's-Bench or Fleet Prisons; and if any Person shall be removed by Habeas Corpus, and the Person so removed shall not be bailed, or totally discharged, that then the Person so removed shall be remanded to the Prison from whence he was brought.

The Fourth Resolution being read a Second time;

Resolved, Nemine contradicente, That the House doth agree with the Committee in the said Resolution, That the Way for preventing the Abuses of the King's-Bench and Fleet Prisons is, by discharging the Incumbrances that are upon the said Prisons, by Sale of the said Offices, or otherwise; and that, for the future, neither of the said Offices should be liable to any Incumbrances, except upon Escapes.

A Motion being made, and the Question being put, That a Bill be brought in upon the said Resolutions;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ordered, That Mr. Offley, Mr. Carter, and Mr. Brotherton, do prepare, and bring in, the Bill.

Hereditary Excise Patentees.

Sir Robert Napper reported, from the Committee, to whom the Petition of several Patentees, Assignees, and others, who are interested in annual Sums payable out of Hereditary Excise, in behalf of themselves, and divers others, was referred, the Matter, as it appeared to the said Committee; which he read in his Place; and afterwards delivered in at the Clerk's Table.

Ordered, That the said Report be re-committed to the same Committee: And that they do report the Matter, with their Opinion therein, to the House.

A Message from the Lords, by Sir John Franklyn and Sir John Hoskyns:

Mr. Speaker,

Supply Bill; Duties on Sweets.

The Lords have agreed to the Bill, intituled, An Act for laying further Duties upon Sweets; and for lessenine the Duties, as well upon Vinegar, as upon certain low Wines, and Whale-Fins, and the Duties upon Brandy imported; and for the more easy raising the Duties upon Leather; and for charging Cinders; and for permitting the Importation of Pearl Ashes; and for preventing Abuses in the Brewing of Beer and Ale, and Frauds in Importation of Tobacco; without any Amendment: And also,

Supply Bill; Salt Duties.

To the Bill, intituled: An Act for the more full and effectual Charging of the Duties upon Rock-Salt, without any Amendment: And also,

Newfoundland Trade.

To the Bill, intituled, An Act to encourage the Trade to Newfoundland, without any Amendment.

And then the Messengers withdrew.

A Message from his Majesty, by Sir David Mitchell, Gentleman-Usher of the Black Rod:

Royal Assent to Bills.

Mr. Speaker,

The King commands this Honourable House to attend his Majesty, in the House of Peers, immediately.

Accordingly Mr. Speaker, with the House, went up to attend his Majesty: Where his Majesty was pleased to give the Royal Assent to several publick and private Bills; and afterwards to make a most gracious Speech to both Houses;

Parliament prorogued.

And to prorogue the Parliament until Thursday the First Day of June next.