Veneris, 10 die Januarii; 1° Gulielmi et Mariæ.
Prayers.
Leave of Absence
ORDERED, That Doctor Gourdon have Leave to go
into the Country for Three Weeks.
Foubert's, &c. Nat.
A Bill to naturalize Solomon Foubert, and several other
French Protestants; was read the First time.
Resolved, That the Bill be read a Second time.
Prize Salt.
An ingrossed Bill to preserve French Bay Salt, taken as
Prize, from being destroyed, was read the Third time.
An Amendment was proposed to be made in Press *,
Line *, by leaving out "in Westminster;" and, instead
thereof, to insert "Act:"
Which was, upon the Question put thereupon, agreed
unto by the House: And the Bill amended at the Table
accordingly.
Resolved, That the Bill do pass: And that the Title
thereof be, An Act for Preservation of French Bay Salt,
taken as Prize, from being destroyed.
Ordered, That Mr. Christy do carry the Bill to the
Lords, and desire their Concurrence thereunto.
Indemnifying persons acting for their Majesties.
A Bill to prevent vexatious Suits against such Persons
as acted in order to the bringing-in of their present Majesties, or for their Service, was read the Second time.
Resolved, That the Bill be committed to Sir Christopher
Musgrave, Sir Wm. Ellis, Sir John Guise, Sir Fra. Russell,
Sir John Bancks, Mr. Vincent, Mr. Boyle, Sir Phil. Gell,
Mr. Bickerstaffe, Sir Waller Young, Sir Wm. Leveson
Gowre, Mr. Buckley, Sir Tho. Darcy, Sir Fra. Guibon,
Mr. Natchbold, Lord Ranelagh, Sir John Fagg, Sir Wm.
Langham, Sir Tho. Littleton, Mr. Grey, Mr. Gwyn, Sir
Jo. Doyley, Mr. Colman, Mr. Colt, Sir Hen. Goff, Lord
Digby, Sir Wm. Honeywood, Sir Wm. Whitlocke, Sir Fra.
Drake, Mr. Onslow, Mr. Hawles, Mr. Foley, Sir Jo.
Moreton, Sir Phil. Skippon, Mr. Arnold, Sir Tho. Barnadiston, Colonel Whitley, Sir Jo. Maynard, Colonel Tippin, Sir Cha. Raleigh, Sir Rob. Cotton, Mr. Buscawen,
Sir John Cotton, Sir Rob. Rich, Sir Edw. Hussey, Sir
Peter Rich, Mr. Papillion: And they are to meet Tomorrow, at Three of the Clock in the Afternoon, in the
Speaker's Chamber.
A bingdon Return amended.
The House being informed, that the Clerk of the
Crown attended to amend the Return for the Borough of
Abingdon in the County of Berks;
He was called in; and amended the same accordingly,
by striking out the Name of * Southby, Esquire; and inserting the Name of Sir John Stonehouse, Baronet.
And then withdrew.
Restoring Corporations.
An ingrossed Bill for restoring of Corporations, was
read the Third time.
An ingrossed Proviso was offered to be added, as a
Rider, to the Bill, That no Alderman or Common
Council Man, who, after the last Day of Michaelmas Term
1683, did join in any such Surrender, as in the said Bill
is set forth, to which the greatest Number of the Members of such respective Corporation did agree, shall be
liable to the said Disability: And that no Instrument or
Inrolment of such Surrender shall be allowed for Evidence to prove the Agreement thereto.
And the Question being put, That the said Proviso,
be read;
The House divided.
The Yeas go forth.
|
|
|
| Tellers for the Yeas: |
Sir John Guise, |
174. |
| Colonel Tipping, |
| Tellers for the Noes: |
Sir Jos. Tredenham, |
179. |
| Mr. Roberts, |
So it passed in the Negative.
An Amendment was proposed to be made in the Bill,
Press 8, Line 15, after "who," to insert these Words,
"before the End of Michaelmas Term 1683, or afterwards, without the Consent of the major Number of
the Common Council Men of the respective Corporations
previously declared:"
And the Question being put, That the said Amendment be made;
The House divided.
The Yeas go forth.
|
|
|
| Tellers for the Yeas, |
Sir Scroop How, |
181. |
| Mr. Arnold, |
| Tellers for the Noes, |
Mr. Gwyn, |
191. |
| Sir Ro. Cotton, |
So it passed in the Negative.
A Motion was made, That a Clause in the Bill, beginning Press 8, Line 3, to the End of that Press, may
be left out of the Bill: Which Clause is as follows;
"And whereas it is necessary, for the sake of publick
Justice, and securing the Government for the future, That
such open Attempts upon the Constitution, and so notorious Violations of Oaths and Trusts, should not go
wholly unpunished, lest hereafter ill Men might be encouraged to the like Guilt, in hopes to come off with
Impunity, though they should fail, with Success: Be it
Enacted, by the Authority aforesaid, That every Mayor,
Recorder, Alderman, Steward, Sheriff, Common Council
Man, Town Clerk, Magistrate or Officer, who did take
upon him to consent to, or join in any such Surrender
or Instrument, purporting such Surrender as aforesaid;
or did solicit, procure, prosecute, or did pay or contribute
to the Charge of prosecuting any Scire Facias, Quo Warranto, or Information in the Nature of a Quo Warranto,
by this Act declared void, shall be, and is hereby Declared, Adjudged, and Enacted to be, for the Space of
Seven Years, uncapable and disabled, to all Intents and
Purposes, to bear or execute any Office, Employment,
or Place of Trust, as a Member of such respective Body
Corporate, or in or for such respective City, Town,
Borough, or Cinque Port, whereof or wherein he was a
Member, at or before the Time of the making such Surrender, or Instrument purporting such Surrender, or the
suing out or prosecuting such Scire Facias, Quo Warranto,
or Instrument in the Nature of a Quo Warranto; any
thing in this Act contained, or any other Law, Statute,
or any Ordinance, Charter, Custom, or Thing to the
contrary in any-wise notwithstanding.".
Thereupon arose a long Debate, both as to the Matter
of the Clause, and the Form in leaving out a whole Clause
in a Bill: As to which latter Case Two Precedents were
cited in the Journals, and read;
12 May 1607, upon the Cloathing Bill.
18 May 1607, upon the Watermens Bill.
And a Motion being made;
And the Question being put, That Candles be brought
in;
The House divided.
The Yeas go forth.
|
|
|
| Tellers for the Yeas, |
Sir Hen. Goodrick, |
188. |
| Sir Fra. Russell, |
| Tellers for the Noes, |
Sir Tho. Barnadiston, |
176. |
| Mr. Ellwell, |
So it was resolved in the Affirmative.
And upon the Debate, a Motion being made, and
the Question being put, That the Bill be re-committed
upon the said Clause;
The House divided.
The Yeas go forth.
|
|
|
| Tellers for the Yeas, |
Mr. How, |
171. |
| Sir Cha. Raleigh, |
| Tellers for the Noes, |
Mr. Greenvill, |
182. |
| Sir Jos. Tredenham, |
So it passed in the Negative.
Another Amendment was proposed to be made in the
said Clause, Line 13, 14, to leave out "Alderman, Steward, Sheriff, Common Council Man, Magistrate, or other
Officer:"
And the Question being put, That the said Amendment be made;
The House divided.
The Yeas go forth.
|
|
|
| Tellers for the Yeas, |
Lord Colchester, |
160. |
| Sir Hen. Ashurst, |
| Tellers for the Noes, |
Lord Falkland, |
188. |
| Mr. Montague, |
So it passed in the Negative.
Then the Question being put, That the said Clause
do stand Part of the Bill;
It passed in the Negative.
A Motion was made, That the next Clause and Proviso, beginning Press ult. Line 1, to the End of the Bill,
may be also left out of the Bill; which is as followeth;
"And be it further Enacted, by the Authority aforesaid, That if any Person hereby enacted and declared to
be incapable and disabled to bear or execute any such Office,
Employment, or Place of Trust as aforesaid, shall, at any
Time after the Twenty-fifth Day of March 1690, take
upon him to bear or execute any such Office, Employment,
or Place of Trust, as aforesaid, every such Person shall forfeit the Sum of Five hundred Pounds, to be recovered by
any Member or Inhabitant of the respective Body Corporate, City, Town, Borough, or Cinque Port, who shall sue
for the same by Action of Debt, Bill, or Plaint, in any of
their Majesties Courts of Record at Westminster; wherein
no Essoign, Protection, Privilege, or Wager of Law, or
more than One Imparlance, shall be allowed: And also,
upon Verdict found, or Judgment given, by Confession or
otherwise, in such Action, against the Defendant, the said
Defendant shall be for ever incapable to bear or execute
any Office or Place of Trust whatsoever, within the Kingdom of England, and Dominion of Wales. Provided also,
and be it Enacted, That a former Action depending shall
be no Plea for the Defendant in any Action to be brought
upon this Statute, if such former Action hath depended
by the Space of Three Terms: Nor shall a Nonsuit of
the Plaintiff, or a Judgment for the Defendant in any
former Action, be a Bar to the Plaintiff, in any Action
to be brought upon this Statute."
And the Question being put, That the said Clause do
stand Part of the Bill;
It passed in the Negative.
And thereupon the Two last Presses of the Bill, which
contained the said Clauses and Proviso, were by the Clerk
at the Table, by Direction of the House, taken off from
the Bill; and Three Lines of the Bill, which was at the
upper End of the First of those Presses, again ingrossed
upon another new Press of Parchment; and That new
Press sewed on, at the Table, to the Bill.
An ingrossed Clause was offered to be added to the
Bill, as a Rider, touching the Cinque Ports: But the
same was afterwards withdrawn.
Resolved, That the Bill do pass: And that the Title
thereof be, An Act to restore Corporations to their
ancient Rights and Privileges.
Ordered, That the Lord Falkland do carry the Bill to
the Lords, and desire their Concurrence thereunto.
Committees.
Ordered, That all Committees be adjourned.