House of Commons Journal Volume 11: 16 February 1695

Sabbati, 16 die Februarii.

Septimo Gulielmi Tertii.

Prayers.

Wanley's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act to enable William Wanley, an Infant, under the Age of One-and-twenty Years, to new-build several Messuages, or Tenements, in Ax-yard, King's-street, Westminster; and to enable his Guardian to make one or more Lease or Leases for effecting the same; was read the First time.

Resolved, That the Bill be read a Second time.

Kirke's Estate.

An ingrossed Bill, from the Lords, intituled, An Act for selling the Estate of John Kirke, deceased, for Payment of his Debts, was read the First time.

Resolved, That the Bill be read a Second time.

Carryll's Estate.

An ingrossed Bill, from the Lords, intituled, An Act to vest in Trustees certain Lands, in Kent and Sussex, of John Caryll Esquire, for the Payment of Debts, and raising of Portions for younger Children; and to supply the Defects of a Conveyance intended for those Purposes; was read the First time.

Resolved, That the Bill be read a Second time.

Trials for Treason.

Mr. Boyle reported from the Committee appointed to prepare Reasons, to be offered at a Conference with the Lords, for disagreeing to some of the Amendments, made by the Lords, to the Bill, intituled, An Act for regulating of Tryals in Cases of High Treason, and Misprision of Treason, That they had prepared the same accordingly; which they had directed him to report; and which he read in his place; and afterwards delivered in at the Clerk's Table: Where the same were read; and, upon the Question severally put thereupon, agreed unto by the House; and are as follow; viz.

The Commons do disagree to the Amendments, 1 Skin, L. 16;

Because, Your Lordships, by agreeing to the Bill, though not to the Commencement of it, do allow, That the Bill is necessary for regulating of Tryals in Cases of High Treason, and Misprission of Treason: And, if such a Law be necessary, the Commons cannot think it just or reasonable, that the Hardships in such Tryals should continue, and the Lives of innocent persons be exposed, till 1698.

The Commons do disagree to the Amendment, 2 Skin, L. 22, to leave out from "and" to "that," in L. 35, and read, "Be it further enacted, by the Authority aforesaid;"

Because, That Clause, for the Limitation of a certain Time, wherein the Offender shall be accused, is necessary for preserving innocent Persons, who, by Length of Time may be made incapable of making their just Defence.

The Commons do disagree to Clause B;

Because, It is of a different Nature from the rest of the Bill, in which the Lords have an equal Benefit with the Commons; and which extends no further, than to allow the Subject a more equal way of making his Defence, but not of altering the Court, or Method of constituting it.

Ordered, That Mr. Boyle do go to the Lords and desire a Conference with their Lordships, upon the Amendments to the said Bill.

Mr. Boyle reported, That the Lords did agree to a Conference, presently in the Painted Chamber.

Ordered, That the Committee appointed to prepare the Reasons do manage the said Conference.

And they went to the Conference.

And, being returned;

Mr. Boyle reported that they had given their Reasons for disagreeing with the Lords to some of the Amendments to the said Bill; and had left the Bill, and Amendments, with the Lords.

Suppression of Cursing and Swearing.

A Bill for the more effectual suppressing of profane Swearing and Cursing was read a Second time.

Resolved, That the Bill be committed, upon the Debate of the House, to Mr. Chadwick, Sir Tho. Vernon, Sir John Thompson, Mr. England, Mr. Christie, Mr. Hobby, Mr. Stonehouse, Mr. Fuller, Mr. Harley, Mr. Mawdit, Mr. Thornhagh, Mr. Stokes, Sir Jacob Ashley, Mr. Bertie, Colonel Perry, Mr. Colt, Mr. Burrard, Mr. Mansell, Major Vincent, Mr. Pigot, Sir John Knight, Mr. Travers, Mr. Clark, Mr. How, Sir Robert Cotton, Sir Jos. Tredenham, Mr. Blowfield, Mr. Cooke, Lord Digby, Mr. Boscawen, Mr. Freke, Mr. Bowyer, Lord Cutts, Mr. Papillion, Mr. White, Mr. Boyle, Mr. Arnold, Mr. Smith, Mr. Lutterell, Sir Sam. Dashwood, Mr. Bromley, Sir Fra. Mussem, Mr. Hutchinson, Mr. Hungerford, Sir Hen. Ashurst, Sir Scroop How: And they are to meet on Monday next, at Four of the Clock in the Afternoon, in the Speaker's Chambers.

Ways and Means.

Resolved, That this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply to be granted to his Majesty, for carrying on the War against France with Vigour.

Free Proceedings in Parliament.

Ordered, That the ingrossed Bill, touching free and impartial Proceedings in Parliament, be read a Third time upon Wednesday Morning next.

Abuses by Army Agents.

The House, according to the Order of the Day, proceeded in the further Consideration of the Complaints of the Inhabitants of Royston; and of the Observations, made by the Commissioners for taking and stating the publick Accounts of the Abuses, and ill Practices, of the several Agents of the Regiments of the Army:

And Mr. Edward Pauncefort, attending, according to Order, was called in; and examined.

And then withdrew.

Resolved, Nemine contradicente, That Mr. Edward Pauncefort, for contriving to cheat Colonel Hastings's Regiment of Five hundred Guineas; and for giving a Bribe to obtain the King's Bounty: be taken into the Custody of the Serjeant at Arms attending this House.

A Member committed for Bribery.

Resolved, That Mr. Henry Guy, a Member of this House, for taking a Bribe of Two hundred Guinease, be committed Prisoner to the Tower of London: And that Mr. Speaker do issue his Warrant accordingly.

Resolved, That a Committee be appointed to prepare an humble Representation, to be made to his Majesty, laying before his Majesty the several Abuses, ill Practices, and intolerable Exactions, of the Agents of the Regiments of the Army, upon the inferior Officers, and common Soldiers; whereby they have been forced to raise their Subsistence upon the People: And that the said Representation be also prepared upon the several Examinations which have been before this House, and upon the Debate of the House thereupon:

And it is referred to Mr. Harley, Lord Coningsby, Sir Chr. Musgrave, Sir Ra. Dutton, Sir Jos. Tredenham, Mr. Stonehouse, Mr. Finch, Mr. Tredenham, Lord Digby, Colonel Trealawny, Mr. Boyle, Colonel Earle, Mr. Wharton, Lord Fitz-Harding, Mr. How, Mr. Lowther, Mr. Foley, Sir Robert Clayton, Sir Tho. Charges, Sir Rowland Gwyn, Sir Tho. Pope Blount, Mr. England, Sir Edward Seymour, Mr. Christie, Lord Cutts, Mr. Colt, Mr. Pigot, Mr. Fox, Lord Ranelagh, Sir Herbert Crofts, Mr. Smith, Sir Richard Temple, Mr. Clark, Colonel Leveson, Mr. Gwyn, Colonel Chomley, Sir Edward Abney, Sir John Thompson, Mr. Blathwaite, Mr. Waller, Mr. Hutchinson, Mr. Nicholas, Mr. Mountague, Mr. Arnold, Colonel Stanley, Mr. Pelham, Lord Wm. Pawlet; or any Five of them: And they are to meet on Monday Morning next, at Eight a Clock, in the Speaker's Chamber.

Ordered, That Mr. Edward Pauncefort be brought in Custody to this House upon Monday Morning next.

And than the House adjourned till Monday Morning, Nine a Clock.