Lunæ, 27 die Maii ;
1° Willielmi et Mariæ.
Prayers.
Multiplying Gold and Silver.
A BILL to repeal the Statute of the 5°Hen. IV.
against multiplying Gold and Silver, was read the
First time.
Resolved, That the Bill be read a Second time.
Fitzharris' Case.
Ordered, That Major Vincent, Mr. Blake, Colonel
Tipping, Sir John Knatchbull, Mr. Cooke, Mr. Paul Foley,
be added to the Committee appointed to examine the
Case of Mrs. Fitzharris; and to report the same to the
House.
Speake's Prosecution.
A Petition of George Speake of White Lackington in the
County of Someret, Esquire, was read; setting forth,
That he being, about Four Years since, accused for several
treasonable Practices, an Information was preferred by
Mr. Burton and Mr. Graham in Michaelmas Term 1685,
against him; to which he pleaded Not-guilty: And that,
after Issue was joined, and entered upon the Roll, in order
to a Trial, they, finding several Mistakes, persuaded
Justice Holloway to give an Order in his Chamber, in the
Vacation time, without Rule of Court, or Consent, that
the Clerk of the Crown should alter the Record in several
Things, contrary to Law, and Practice of the Court: And
that, thereupon, the Petitioner was tried, and convicted,
and fined Two thousand Marks: And that Mr. Burton
and Mr. Graham, and their Agents, designing to extort a
greater Sum, procured some indigent Person, by Menaces
of taking away their Lives, and by Promises of great
Rewards, to swear against his Wife: And that, thereupon,
a Bill of High Treason was found against her: And afterwards, upon a Proposition of Payment of Five thousand
Pounds for the King's Pardon for the Petitioner, and
Family; and, if refused, Threats of His being indicted
also; the Petitioner thought fit to pay the Five thousand
Pounds; All which were, to the Petitioner's Damage,
above Ten thousand Pounds: And praying the Consideration of the House, and Relief therein.
Ordered, That it be referred to the Committee to
whom the former Petition of the said Mr. Speake was
referred: And that Sir John Austen, and Mr. Parker, be
added to the said Committee.
Soley's Estate.
An ingrossed Bill to enable * Hill to sell Lands, was
read the Third time.
An Amendment being proposed to be made in the
Bill, by inserting the Word "aforesaid," in P. * L. *,
after the Word "*;" the same was, upon the Question
put thereupon, agreed to by the House.
Resolved, That the Bill do pass: And that the Title
be, An Act for the better assuring the Manor of Silton,
and divers other Lands and Tenements in Silton in the
County of Salop, unto Joseph Soley, Gentleman, and his
Heirs.
Ordered, That Mr. Baldwin do carry up the Bill to
the Lords, for their Concurrence.
Prosecution of Citizens of London, 1682.
A Petition of certain Citizens of London, on the Behalf
of themselves and others, convicted of a Riot, and fined
unreasonably for the same, was read; setting forth, That,
upon Trial of an Information against the Petitioners, and
other Citizens, for a pretended Riot, committed the
Twenty-fourth of June 1682, at Guildhall, London, in the
Election of Sheriffs, That the late Lord Chief Justice
Saunders, before whom the Cause was tried, denied the
Petitioners their Challenges to the Array, one . . . whereof
. . . Sir Dudley North and Sir Peter Rich were not Sheriffs,
who impannelled the Jury; and that the said Chief Justice
refused to seal a Bill of Exception; by which undue means,
the Defendants were found Guilty: That after the Verdict,
Sir Thomas Jones, Sir Thomas Raymand, and Sir Francis
Withens, rejected a Motion made by the Petitioners
Counsel, for filing a Postea in the same Cause, which had
been concealed by Mr. Ward of the Crown Office; which
Postea would have discharged the said Verdict: That the
Petitioners, with other Defendants, in Trinity Term 1683,
Chief Justice Saunders being dead, was, by the said Three
Judges, unreasonably fined; and, by Imprisonment, forced
to pay the same: That, forasmuch as the said Proceedings
are grievous to the Petitioners, and relievable only in
Parliament, and praying Redress in the Premises.
Ordered, That it be referred to the Committee to
whom the Petition of * Wilmore is referred; to examine
the Matter of the said Petition; and report the same to
the House.
Leave of Absence.
Ordered, That Mr. Jervois have Leave to go into the
Country, for Three Weeks.
Ordered, That Mr. Hillersdon have Leave to go into
the Country, for a Fortnight.
Ordered, That Mr. Bull have Leave to go into the
Country, for a Month.
Enabling Commissioners of Great Seal to execute Lord Chancellorship.
Sir William Poultney reports from the Conference with
the Lords, touching the Amendments proposed by the
House to be made to the ingrossed Bill, sent down from
the Lords, intituled, An Act for enabling Lords Commissioners for the Great Seal to execute the Office of Lord
Chancellor or Lord Keeper, That the Lord Cornwallis
managed the Conference for the Lords; and said, the
Lords do agree to some of the said Amendments, with
some Amendments of theirs thereto; to which their Lordships desire the Concurrence of this House: And that as
to other of the said Amendments, they do not agree; and
gave their Reasons for the same: And, thereupon, Sir
William Poultney read the said Amendments, with the
Coherence; and acquainted the House with the said
Reasons: And are as follow; viz.
1 Press, L. 39, the Commons Amendments does not
cohere, unless the Word "Commissioners" be left out of
the 40th Line.
46 L. the Bill, as it is amended by the Commons, does
not cohere, without leaving out the Word "that," in
their Amendment; and the Words "to have, use, and
execute," in the 56th Line of the Bill.
70 L. this Amendment not agreed to, because it will
be a Precedent to give Place to all Persons, who are, or
shall be, Commissioners for executing all other great
Offices, how numerous soever.
71. L. not agreed to leave out the Proviso, because,
by leaving out this Clause, every single Commissioner
will have Power to apply the Great Seal, in as full a
Manner, as if he were Chancellor or Lord Keeper. And,
if they should not singly assume such Power, it will be
very inconvenient to the Commissioners, not to have
Power singly to hear Interlocutory Motions.
81 L. not agreed to leave out this Clause, because the
Lords think the Nomination of the Custos Rotulorum
ought rather to be in the King, than any Subject.
Agreed to add the Clause [A], with the Amendments
following; viz.
2 L. after "Rotulorum," leave out to "shall," in the
5th Line.
20 after "Office," leave out to the End of the
Clause; and insert "by doing any thing that is, or shall
be, contrary to the Laws, or shall oppress the People, by
exacting undue Fees, or otherwise, upon due Conviction
thereof, by Two or more credible Witnesses upon Oath,
before the Justices of the Peace at the Quarter Sessions,
it shall and may be lawful, for the Justices of the Peace
in the Quarter Sessions, or the major Part of them, to
displace the said Clerk of the Peace, upon giving Notice
thereof to the Custos Rotulorum."
The Lords do not agree to add the Clause [C];
Because, if the Grants from his late Majesty King
Charles the Second be good Grants, this Bill will not
affect them; and, if they be not good, the Lords do not
think fit to strengthen them by a Law.
The Lords do not agree to add "this Act to commence from the First Day of May 1689;" because
this Clause will destroy some Part of the Body of the
Bill.
The Lords Amendments of the said Amendments
were Thrice read; and, upon the Question severally put
thereupon, agreed unto by the House.
The Question being put, That the House doth agree
with the Lords, touching the Amendments, L. 70:
It passed in the Negative.
The Question being put, That the House doth agree
with the Lords, touching the Amendment, Line 71;
It passed in the Negative.
The Question being put, That the House do agree
with the Lords, touching the Amendment, L. 81;
The House divided.
The Yeas go forth.
|
|
|
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Tellers for the Yeas, |
Sir Hen. Goodrick, |
149. |
| Sir Jos. Tredenham, |
| Tellers for the Noes, |
Sir Tho. Littleton, |
112. |
| Mr. Palmes, |
So it was resolved in the Affirmative.
The several Amendments, proposed by the Lords to
the Clause [A], were Once read throughout; and afterwards one by one: And,
The Question being severally put thereupon, That the
House do agree with the Lords therein;
It passed in the Negative.
The Question being put, That the House do agree
with the Lords, not to add the Clause [C];
It passed in the Negative.
The Question being put, That the House do agree
with the Lords, not to add the Words, "this Act to
commence from the First Day of May 1689;"
It passed in the Negative.
Ordered, That it be referred to the Committee, to
whom the Bill was committed, to prepare Reasons to be
offered at a Conference, why this House doth not agree
with the Lords in the said Amendments.
Suspending Habeas Corpus.
A Message from the Lords, by Sir Miles Cooke and
Sir Robert Legard;
Mr. Speaker, We are commanded by the Lords to
acquaint this House, that they have passed the Bill,
intituled, An Act to impower their Majesties to commit,
without Bail, such Persons as they shall find just Cause
to suspect are conspiring against the Government, without any Alteration.
And then the Messengers withdrew.
Conference with Lords; Poll Tax.
A Message from the Lords, by Mr. Justice Eyres and
Mr. Baron Turton;
Mr. Speaker, The Lords desire a present Conference
with this House, in the Painted Chamber, upon the Subject
Matter of the last Conference upon the additional Poll Bill.
And then the Messengers withdrew.
Resolved, That this House do agree to a present Conference with the Lords, as desired.
And the Messengers being called in again; Mr. Speaker
acquainted them therewith.
Resolved, That the Persons who managed the last
Conference, do manage this Conference.
Ordered, That Mr. Finch be added to them.
The Managers went to the Conference accordingly:
And being returned;
Mr. Hamden reports from the Conference, That the
Managers had attended the Lords; that the Lord Huntington managed the Conference; and said, That the
Lords insisted upon their Amendments; and gave their
Reasons for the same, as followeth; viz.
1. That it is the common course of Parliaments to pass
explanatory Acts of any thing that has been omitted, or ill
expressed, in any other Act passed in the same Session:
And One of that Sort has passed in this present Session.
2. That the House of Commons have, in this Bill,
taken care of the Serjeants Inn, and the Inns of Court and
Chancery, that they should be rated by their own Members; and that, since there is no Comparison to be made
between them and the Peers of England, therefore the
Peers ought to be rated by none but those which are of
their own House.
3. That the House of Peers, out of their extraordinary
Zeal for the Reducing of Ireland, (the Poll Bill coming
up so late to them from the House of Commons, that
they had not so much time to deliberate upon every Part
of it, as had been necessary, if so pressing an Occasion
would have allowed it) did make this Omission: Which,
for that Reason, ought not to turn to their Prejudice; it
being their undoubted Right, which has been preserved
in all former Poll Bills; and particularly, in the last,
which was passed in the Twenty-ninth Year of King
Charles the Second; the Proviso of that Bill being conceived in the same Terms with the Proviso now offered.
A Debate arising in the House thereupon;
Resolved, That the Debate be adjourned till To-morrow Morning.
Supply Bill Ground Rents.
A Bill for laying a Tax upon Ground Rents, upon
new Foundations, was read the First time.
Resolved, That the Bill be read a Second time on
Friday next.
Supply Bill; Land Tax.
Ordered, That the Bill for granting a Subsidy to their
Majesties be read a Second time To-morrow Morning,
at Ten of the Clock.
Arundell Building Grounds.
Ordered, That Sir Rich. Onslow, Mr. Knevet, Major
Wildman, be added to the Committee, to whom the
ingrossed Bill sent down from the Lords, intituled, An
Act for building into Tenements the remaining Part of
Arundell Grounds, as now inclosed.
Bill of Indemnity.
Resolved, That the House do, upon Wednesday Morning next, proceed in the further Consideration of the
Heads for the Bill of Indemnity.
Irish Protestants.
Ordered, That the Report, from the Committee
appointed to prepare an Address concerning the Irish
Protestants, be made To-morrow Morning, at the First
Sitting.
Committees.
Ordered, That all Committees be revived.
And then the House adjourned till To-morrow
Morning, Nine of the Clock.