Veneris, 20 die Decembris.
Norwich Court of Conscience.
AN ingrossed Bill for erecting a Court of Conscience
in the City of Norwich, was read the Third time.
And several Amendments being proposed to be made
in the Bill; viz.
Press 4, Line 19, after "or," insert "Debtors;"
Press 7, Line 13, instead of "Clause," to insert
Were, upon the Question severally put thereupon,
agreed unto by the House: And the Bill amended at the
Resolved, That the Bill do pass: And that the Title
thereof be, An Act for erecting a Court of Conscience in
the City of Norwich.
Ordered, That Mr. England do carry up the Bill to
the Lords for their Concurrence.
Leave of Absence.
Ordered, That Sir Rich. Newdigate have Leave to go
into the Country, for Three Weeks.
Reversing Walcot's Attainder.
Ordered, That the Report from the Committee to
whom the ingrossed Bill, sent down from the Lords, intituled, An Act for annulling the Attainder of Thomas
Walcot, was referred, be received To-morrow Morning
at Eleven of the Clock.
Relief to Irish Refugees.
Then the House resumed the adjourned Debate, and
further Consideration, touching the Lists of the Irish
Nobility, Gentry, and Clergy, fit to receive his Majesty's
Resolved, That the Lists, reported from the Committee
to whom it was referred to consider, What Persons of the
Irish Nobility and Gentry are fit to receive his Majesty's
Bounty, be recommended to his Majesty: And that his
Majesty be humbly desired to order the Persons who shall
be employed in the Distribution of his Bounty, to take
care, That if any Persons are contained in the said Lists,
who are otherwise provided for, that they may not participate thereof; and that, if any Persons be omitted, who
are destitute of Subsistence, they may be added to the
Ordered, That Sir Henry Capell do present the said
Lists to his Majesty.
Punishing Mutiny and Desertion.
Colonel Tipping reports from the Committee to whom
was re-committed the Clause to be added to the ingrossed
Bill, sent down from the Lords, intituled, An Act for
punishing Officers and Soldiers, who shall mutiny and
desert their Majesties Service, and for punishing false
Musters, That they had agreed upon the Clause to be
added to the Bill: Which he read in his Place; and afterwards, delivered the same in at the Table: Where the
same was twice read; and, after an Amendment proposed and agreed upon, and made at the Table, the said
Clause was, upon the Question put thereupon, agreed
unto by the House to be made Part of the Bill; and is
"And it is hereby Enacted and Declared, That the Commanding Officer of every Troop or Company, at the Time
of Muster, shall bring in a Certificate signed, of the Names
of such Persons as are sick, or have Leave to be absent
upon Furloes, or Leave for Absence; and of such Persons
as are dead, or deserted, since the last Muster; with the
Days of their Deaths or Desertion: And, if such Certificate
shall prove false, upon Conviction thereof before a Court
Martial, the Officer signing such Certificate shall suffer
such Penalties, and in such manner as is declared and inflicted by this Act, upon those that make false Musters,
And it is hereby further Enacted, That if any Officer shall
muster any Person that is a Servant, or receives Wages
from any Officer, or that shall attend any Officer as a
Servant, in the Absence of the said Officer from his Quarters; or shall muster any Person by a wrong Name,
knowingly; upon Conviction thereof before a Court
Martial, the said Officer or Commissary shall suffer such
Penalties, and in such manner, as is inflicted and declared
by this Act upon those that shall make false Musters.
And whereas, by the Petition of Right in the Third Year
of King Charles the First, it is Enacted and Declared,
That the People of this Land are not, by the Laws, to be
burdened with the Sojourning of Soldiers against their
Wills: And by a Clause in one Act of Parliament, made
in the One-and-thirtieth Year of the Reign of King Charles
the Second, for granting a Supply to his Majesty of Two
hundred Six thousand Four hundred Sixty-two Pounds
Seventeen Shillings and Three-pence, for paying and disbanding the Forces, it is Declared and Enacted, That no
Officer, Military or Civil, nor any other Person whatsoever, shall from thenceforth presume to place, quarter or
billet any Soldier or Soldiers upon any Subject or Inhabitants of this Realm, of any Degree, Quality, or Profession whatsoever, without his Consent; and that it shall
and may be lawful for any such Subject and Inhabitant,
to refuse to sojourn or quarter any Soldier or Soldiers,
notwithstanding any Command, Warrant, or Billeting
whatsoever: But, forasmuch as at this present Time there
is a Rebellion in Ireland, and a War against France, whereby there is Occasion for the Marching of many Regiments,
Troops, and Companies, in several Parts of this Kingdom,
towards the Sea Coasts, and otherwise: Be it further
Enacted, by the Authority aforesaid, That for and during
the Continuance of this Act, and no longer, it shall and
may be lawful for the Constables, Tythingmen, Headboroughs, and other Chief Officers and Magistrates of Cities,
Boroughs, Towns and Villages, and other Places in the
Kingdom of England, Dominion of Wales, and Town of
Berwick upon Tweed, and for no others, to quarter and
billet the Officers and Soldiers in their Majesties Service,
in Inns, Livery-stables, Ale-houses, Victualing-houses, and
Ale-houses selling Brandy, Strong-waters, Cyder or Metheglin, by Retale, to be drank in their Houses, and no
other; and in no private Houses whatsoever: And if any
Constable, Tythingman, or such-like Officer or Magistrate,
as aforesaid, shall presume to quarter or billet any such
Officer or Soldier in any private House, without the Consent of the Owner or Occupier; in such case such Owner
or Occupier shall have his or their Remedy at Law, against
such Magistrate or Officer, for the Damage that such
Owner or Occupier shall sustain thereby. Provided nevertheless, and it is hereby Enacted, That the Officers and
Soldiers, so quartered and billeted as aforesaid, shall pay
such reasonable Prices as shall be appointed from time to
time by the Justices of the Peace in their Quarter Sessions
of each County, City, or Division, or Place within their
respective Jurisdictions: And the Justices of Peace aforesaid are hereby impowered and required to set and appoint,
in their Quarter Sessions aforesaid, such reasonable Rates
for all necessary Provisions for such Officers and Soldiers,
for One or more Nights, in their marching through their
Cities, Towns, Villages, and other Places; and for the
First Night only, in such Places as shall be appointed for
their Residence or Quarters. Provided that the said Price,
so set by the said Justices, be within the Compass of the
Subsistence Money paid to the Soldiers; which Subsistence
Money is hereby declared to be, for each Trooper, Two
Shillings per diem; for each Dragoon, One Shilling Twopence per diem; and for each Foot Soldier, Six-pence per
diem: And, after the said First Night in their Quarters, the
Owners and Occupiers of the Inns, Ale-houses, and other
publick Houses as aforesaid, are hereby required to furnish
such Officers and Soldiers, so quartered and billeted as
aforesaid, with dry Lodgings, Stable Room for Horses,
and with Fire and Water, and necessary Utensils to dress
their Meat; and not otherwise, without the said Officers
or Soldiers shall make a Contract or Agreement for their
Provisions with the said Owners or Occupiers. Provided
always, and be it Enacted, That if any Officer or Soldier
shall take any Money of any Person for excusing the
Quartering of Officers or Soldiers, or any of them, in any
House allowed by this Act; every such Officer or Soldier
shall be cashiered, and made uncapable of serving in any
military Employment whatsoever."
Ordered, That the Bill be read the Third time Tomorrow Morning.
Provision for Prince and Princess of Denmark.
Ordered, That any Three of the Committee to whom
it was referred to prepare an Address to his Majesty to
make a Provision for the Prince and Princess Anne of
Denmarke, do prepare the said Address: And that the
said Committee be revived.
Resolved, That the House do, upon Monday Morning,
resolve into a Committee of the whole House, to consider of Ways to satisfy the Debts to the Orphans of the
City of London.
Answer to Address.
Mr. Hampden acquaints the House, That, according
to their Order, he, with others of his Majesty's Privy
Council, had attended his Majesty with the Address,
That Commissary Shales might be sent for over in Custody, with his Papers: And that his Majesty was pleased
to acquaint them, That he had sent some Order of that
Kind some time since; and commanded him, the said
Mr. Hampden, to attend my Lord Shrewsbury, to be
satisfied therein: And that he had so done, and had seen
the Letter which was sent to Duke Schombergh, that
Shales should be sent over in Custody, if the Duke did
not find it necessary before he came, to make up his
Accompts: And that his Majesty said, If he had not
given Orders for his Papers, it should be done.
And Mr. Hampden further said, That, if the House
thought fit, he would wait on the Lord Shrewsbury again.
But the House gave no further Direction.
Members charged with drinking late K. James's Health.
The House being informed that one Mr. East, at
Whitehall, declared, that some Members of this House
had lately drank King James's Health;
Ordered, That the said Mr. East be forthwith sent for,
to attend this House before they rise, to give an Account
Ways and Means.
Then the House resolved into a Committee of the
whole House, to consider of Ways to raise the rest of
the Supply granted to his Majesty.
Mr. Speaker left the Chair.
Mr. Hampden took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Mr. Hampden reports from the Committee of the whole
House, That they had made some Progress in considering
of Ways to raise the rest of the said Supply: And that he
was directed to move the House, That the Committee
may sit again To-morrow Morning at Ten of the Clock.
Resolved, That the House do, To-morrow Morning at
Eleven of the Clock, resolve into a Committee of the whole
House, to proceed in the further Consideration of Ways
to raise the said Supply granted to their Majesties.
He also moved, from the said Committee, That the
Bills already directed towards their Majesties Supply may
be forthwith, by those Members, brought in, who were
appointed to draw the same.
Ordered, That such Members who were ordered to
prepare those Bills, do bring the same in To-morrow
Members charged with drinking late K. James's Health.
The House being informed, that Mr. East, according
to their Order, attended at the Door;
He was called in to the Bar; and examined, touching
the Matter before mentioned: Who said, He was not
present at any such thing; but that it was commonly
discoursed there had been such a thing.
And being required to give an Account, Who he heard
say any such thing; and after some Time of recollecting;
he acquainted the House, That he heard one Mr. Goddard,
a Brigadier, say, That one Mr. Kniveton, a Gentleman
Pensioner, had told him, That there were Three Parliament Men drank King James's Health in a Tavern at
Westminster; and a fourth refused, and went down Stairs.
And then Mr. East withdrew.
Ordered, That Mr. Goddard, Mr. Kniveton, and Mr.
East, again do attend this House To-morrow Morning.
And * * * *.