Martis, 20 die Augusti; PrimoGulielmi et Mariæ.
Attaining several Persons.
A MESSAGE from the Lords, by Sir John Franklyn
and Mr. Meredith;
Mr. Speaker, The Lords have commanded us to acquaint this House, That they have agreed to the Bill
intituled, An Act for attainting several Persons in Rebellion against their Majesties.
And then the Messengers withdrew.
The Amendments were read the First time throughout;
and are as followeth; viz.
1 Skin, 6 Line, leave out from "Powis," to "and,"
in the Tenth Line.
12 Line, leave out "Robert Lord Hunsden."
13 Line, leave out "Sir Roger Strickland."
14 Line, leave out "Sir Edw. Herbert, Sir Wm. Jennings."
19 Line, leave out "Colonel Hugh Southerland."
20 Line, after "Bucan," add "Richard Earl of Tyrconnell of the Kingdom of Ireland, Colonel Richard Hamilton, Lewes Doe, and Earl of Antrim of the Kingdom
36 Line, leave out "Thomas."
2 Skin, 1 Line, leave out "Howard, Henry Lord
2 Line, leave out "Robert Lord Hunsden."
3, 4, 5 Line, leave out "Sir Roger Strickland, Sir
Edw. Herbert, Sir Wm. Jennings."
7, 8 Line, leave out "Colonel Hugh Southerland."
9 Line, after "Bucan," insert "Richard Earl of Tyrconnell, Colonel Richard Hamilton, Richard Doe, and
Earl of Antrim."
13 Line, for "August," read "October."
14, 15 Line, leave out "and also abide their legal
Tryal for such their Treasons;" and read "or shall render him or themselves to the Commander in Chief, or any
other General Officer of their Majesties Forces in Ireland,
at or before the Nine-and-twentieth Day of September
16 Line, leave out "Thomas Howard, Henry Lord
17, 18 Line, leave out "Robert Lord Hundsden."
19 Line, leave out "Sir Roger Strickland, Sir Edw.
20 Line, leave out "Sir Wm. Jennings."
24 Line, leave out "Colonel Hugh Southerland."
25 Line, after "Bucan," add "Richard Earl of Tyrconnell, Colonel Richard Hamilton, Lewis Doe, and *
Earl of Antrim."
26 Line, leave out "or not abiding his Tryal, as aforesaid."
27, 28 Line, for "Thirteenth Day of February," read
"said Four-and-twentieth Day of October."
29, for "Eight," read "Nine."
34 Line, leave out from "Forfeit," to "and," in
Thirty-fourth Line of Third Skin; and insert the Paper
"And that all and every the Manors, Messuages,
Lands, Tenements, Rents, Reversions, Remainders, Possessions, Rights, Conditions, Interest, Offices, Fees, Annuities, and other Hereditaments, Leases for Years, and
Chattels Real; and also all and every the Goods, Debts,
and Chattels, personal, whatsoever of them the said William Marquis of Powis, and Sir Henry Bond, James Duke
of Berwick, John Earl of Mellfort, Sir Alexander Filton,
Francis Plowden, Sir Patrick Trant, John Trinder, Thomas Collins, Colonel Dominic Sheldon, Lieutenant-Colonel
Wm. Mansell, * Barker, Major Bochier, and Colonel *
Beaucan, Richard Earl of Tyrconnell in the Kingdom of
Ireland, Colonel Richard Hamilton, Louis Doe, and *
Earl of Antrim of the Kingdom of Ireland; which they,
or any of them, or any other Person or Persons, to their
or any of their Uses, or in Trust for them, or any of them,
had the Twelfth Day of March, being the Day of the
late King James the Second his Landing in Ireland, shall,
from and after the said Four-and-twentieth Day of October
in the Year of our Lord One thousand Six hundred Eightynine, be deemed, vested, and adjudged to be in the actual
and real Possession of your Majesties, without any Office
or Inquisition thereof hereafter to be taken or found:"
And the Clause, in Parchment, marked (B);
Attainting several Persons.
"And whereas the Offenders before in this Act named,
or some of them, have, before the Twelfth Day of March,
for Money, or other valuable Considerations, granted
several small Annuities and Pensions, which are secured,
some by Bond, and others by Notes only; and have also
contracted several great Debts to poor Tradesmen, and
others; some of which Debts are secured by Bonds, and
others remain only upon Tradesmen, and others, their
Books: All which said several Pensions, Annuities, and
Debts, which are so secured and owing, as aforesaid, will,
by the strict Rules of the Law, be lost, and may be to the
Ruin of many of the Persons, to whom the same are
granted or owing, unless Provision be made therein by
this present Act: For Prevention whereof, Be it further
Enacted, by the Authority aforesaid, That all and every
the Goods and Chattels Personal, and the Rents, Issues,
and Profits of the Manors, Lands, Tenements, and Hereditaments, of every the said respective Offenders, shall, in
the first place, be applied for and towards the Payment
of all and every such Annuities, Pensions, and Debts of
the said Offenders, as are and be so granted, owing, and
secured as aforesaid: And the Barons of their Majesties
Court of the Exchequer may and are hereby authorized
and directed to order the Payment of all and every such
Pensions and Debts, out of the Goods and Chattels Personal, and the Rents, Issues, and Profits of the said Manors, Lands, and Hereditaments of such of the Offenders
aforesaid, by whom such Annuities or Pensions were
granted, or Debts owing, in the Hands of any Sheriff or
Sheriffs, Officer or Officers, which shall, at any time
hereafter, be chargeable with, or accountable for, such
Goods or Chattels, or Rents and Profits, before the same
shall be answered and paid into their said Majesties Receipt of Exchequer; so as all such Bonds and Notes,
whereby such Debts, Annuities, or Pensions are to be secured, and also, the Particulars whereby such Tradesmen,
and others, their Debts, did grow due, be entered and inrolled in their Majesties Court of Exchequer, before the
said Four-and-twentieth Day of October One thousand
Six hundred and Eighty-nine, and not otherwise: And
after Payment of all such Debts and Annuities, as aforesaid, shall be applied for and towards the present Maintenance and Relief of such of Your Majesties Subjects of
the Kingdom of Ireland, being of the Protestant Religion,
who are in the Kingdom of England, for and during the
Time that the said Rebellion shall continue, and until
they shall be restored to their respective Estates; any thing
before in this Act contained, or any Law, to the contrary
4 Skin, 17, 18 Line, leave out "and abide their legal
32 Line, for "August," read "October."
5 Skin, 2 Line, for "September," read "November."
5 Line, for "November," read "December."
14 Line, leave out from "Doe," to "and," in the
Twentieth Line, Sixth Skin; and insert the Clause marked (C);
"Provided, that no Conveyance, Assurance, or any
other Grant, made by any of the aforesaid Offenders, or
to any claiming under them, before the said Twelfth Day
of March, shall be impeached, and made void, by this
Act; but that the same shall be held and enjoyed by the
Purchasees, Grantees, &c. and their Heirs, as if this Act
had not been, and the said Offenders not convicted or
attainted thereby: Provided, if any Person challenge a
Debt, as due from the Offenders, or any the Trust or
Title of or to their Manors and Lands, and Judgment
shall be given against such Person so claiming, he or they
shall forfeit, to their Majesties, double Costs, for which
Judgment shall be given. And it is Enacted, That every
Person that shall set up any fraudulent Title, to be
made by any the Persons intended to be attainted, or
fraudulently claim any Debt, as owing from them, shall
incur the Penalty of the Third Part of the Value of the
Lands or Money, so claimed, one Moiety to their Majesties, the other to the Prosecutor that shall sue for the
same: And, that if any Person shall discover any fraudulent Settlement, or Conveyance, made by such Person,
as shall be attainted by this Act; such Person, so discovering, shall have, for Reward, the Value of the Fifth Part
of the said Lands and Chattels, whereof such fraudulent
Settlement or Conveyance was made."
At the End of the Bill, add the Clauses marked (G) (I).
Clause (G) is for charging the Estate of the Marquis
of Powis with the Payment of Three thousand Two hundred and Fifty Pounds, with Interest, from the Time the
same has been paid to him; to be paid to Wm. Whitmore,
Katherine Whitmore, Anne and Dorothy Whitmore, their
Executors and Assigns, Children of Wm. Whitmore, senior,
of Balmes, in Com' Middlesex, Esquire; the said Marquis
of Powis being one of his Trustees, and having received
the said Money, in pursuance of the said Trust.
Clause (I) enacts, That no Person, being a Protestant,
shall be subject to any Forfeiture, for or by reason of
Absence out of the Kingdom of Ireland, without Licence
or otherwise, at any time since the Fifth of November One
thousand Six hundred Eighty-eight, for Non-payment of
Rent, or any other Duty due to their Majesties, or the
Crown, since the said Fifth of November, until the said
Kingdom shall be reduced; but shall be absolutely discharged from all Rent and Duties so incurring.
Preferment of the Chaplain.
Resolved, That an Application be made to his Majesty,
by such Members of this House as are of his Majesty's
most honourable Privy Council, That he will be pleased
to give some Preferment to the Chaplain of the House, in
Consideration of his Service and diligent Attendance here.
Prohibiting Trade with France.
A Message from the Lords, by Sir John Franklyn and
Mr. Speaker, the Lords have agreed to the Bill, intituled, An Act for prohibiting all Trade and Commerce
with France; with some Amendments: To which Amendments they desire the Concurrence of this House.
And then the Messengers withdrew.
The said Amendments were all read the First time
throughout; and are as followeth;
1 Skin, 20 Line, for "July," read "August."
31, for "Seven," read "Three."
32, for "July," read "August."
7 Skin, 5 Line, leave out from "whatsoever," to
"and," in the Five-and-twentieth Line of Ninth Skin.
9 Skin, 30 Line, for "Seven," read "Three."
32, for "Seven," read "Three."
10 Skin, 1, 2 Lines, leave out "except Prize Goods,
11 Line, leave out "except Prize Goods, as aforesaid."
13 Skin, 32 Line, after "being a," read "known
Merchant, Vintners, or."
33, for "August," read "September."
14 Skin, 16, . . . ., for July," read "August."
17, for "Seven," read "Three."
19, for "Seven," read "Three."
16 Skin, 2 Line, for "July," read "August."
10, leave out from "aforesaid," to "and," in the
17 Skin, 1 Line, for "July," read "August."
18 Skin, 22 Line, leave out from "the," to the Second Line "and," in the Twenty-seventh Line; and add
"Owners and Proprietors of the said Goods so imported."
21 Skin, 3 Line, for "August," read "September."
38 Line, leave out from "notwithstanding," to "provided," in the Eleventh Line of the Three-and-twentieth Skin.
23 Skin, 15 Line, for "August," read "September."
Line 17, for "August," read "September."
Line 20, for "August," read "September."
Line 30, leave out from "be," to "and," in the Tenth
Line of the Four-and-twentieth Skin; and add "recovered by Action of Debt, Bill, Plaint, or Information, in any
of their Majesties Courts of Record, wherein no Protection or Wager of Law shall be allowed, nor any more
than One Imparlance."
24 Skin, 12 Line, for "August," read "September."
19 Line, leave out from "recovered," to the End of
the Bill; and read "in any of such Courts, and in such
Manner as aforesaid."
At the End of the Bill, add the Proviso marked (A);
"And, for Preventing of the Mischiefs which may be
occasioned by the Sophisticating, Corrupting, and Adulterating of Wines, during such Time as they are, by this
Act, allowed to be sold; Be it Enacted, That if any
Merchant, Vintner, Wine Cooper, or other Person, selling
Wine by Wholesale or Retale, shall corrupt, sophisticate,
or adulterate any Wine, or shall utter or sell any Wine
corrupted, sophisticated, or adulterated, such Person shall
forfeit the Sum of Three hundred Pounds for every such
Offence; the one Moiety thereof, to their Majesties, and
their Successors; and the other Moiety thereof, to such
Person as shall sue for the same by Action of Debt, Bill,
Plaint, or Information, wherein no Essoign, Protection,
or Wager of Law, or more than one Imparlance, shall
be allowed; and also shall suffer Imprisonment by the
Space of Three Months, without Bail or Mainprize."
The First * of the said Amendments were read the
Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.
The * Amendment, Press 21, Line 38, was read a
And the Question being put, That the House do agree
to the said Amendment;
The House divided.
The Yeas go forth.
Tellers for the Yeas,
|Tellers for the Noes,
||Sir Ralph Dutton,
So it was resolved in the Affirmative.
The Residue of the said Amendments were read a Second time, one after another; and, upon the Question
severally put thereupon, agreed unto by the House.
Ordered, That Mr. Hamden do carry up the Bill to the
Lords; and acquaint them with the Concurrence of this
House to the said Amendments.
Address for Trial of Rebels.
Resolved, Nemine contradicente, That an humble Address be made to his Majesty, by such Members of this
House as are of his Majesty's most honourable Privy
Council, That he would be pleased to issue out a Commission of Oyer and Terminer, for the indicting such Persons as are now, or have been, in Rebellion against their
Majesties, either in Ireland, or in any other Place, in
order to their speedy Conviction.
Papers to be returned.
Ordered, That the Clerk of the House do deliver back
such Papers and Writings as he has in his Custody, concerning the City of London.
Resolved, That an humble Address be made to his
Majesty, by such Members of this House as are of his
Majesty's most honourable Privy Council, That his Majesty would be pleased to make some Allowance to Mr.
Otes, for his Maintenance.
Royal Assent to Bills.
A Message from his Majesty, by Sir Thomas Duppa,
Gentleman Usher of the Black Rod;
The King commands this honourable House to attend
His Majesty in the House of Peers, immediately.
Accordingly, Mr. Speaker and the House went to
attend his Majesty.
And being returned;
Mr. Speaker acquainted the House, That his Majesty
had been pleased to give the Royal Assent to several
publick Bills, and Two private Bills following; viz.
An Act for appropriating certain Duties for paying the
States General of the United Provinces the Charges for
his Majesty's Expedition.
An Act for prohibiting all Trade and Commerce with
An Act for the better preventing the Exportation of
Wool, and encouraging the Woollen Manufactures of
An additional Act, for the appointing Commissioners
for the executing an Act of this present Parliament, intituled An Act for a Grant to their Majesties of an Aid
of Twelve-pence in the Pound for one Year, for the
necessary Defence of their Realms.
An Act for Relieving of the Protestant Irish Clergy.
An Act to repeal the Statute, made in the Fifth Year
of King Henry the Fourth, against multiplying Gold
An Act for explaining Part of an Act, made in the
First Year of King James the First, concerning Tanned
An Act to enable Trustees to grant Leases of the
Estate of Richard Hele, Esquire.
An Act for enabling Hannah Shirley, Widow, and
Mary Batillhey, alias Shirley, her Daughter, to settle,
and dispose of certain Lands and Tenements in the
Counties of Middlesex and Essex.
And that afterwards the Lord Privy Seal spoke to this
That it was his Majesty's Pleasure, That both Houses
should severally adjourn themselves until the Twentieth
Day of September next: But that his Majesty did not
intend there should be then a Session, unless some Emergency of Affairs happened: But that such Members, as
were in and about the Town, should meet; and adjourn
until Winter: And that when his Majesty intended there
should be a Session, he would give them Notice thereof
And then the House adjourned until the Twentieth
Day of September next.