House of Commons Journal Volume 11: 1 May 1695

Mercurii, 1 die Maii;

7° Gulielmi Tertii.

Prayers.

Imprisoning Sir T. Cooke, &c.

SIR Herbert Crofts, according to Order, reported, from the Committee of the whole House, to whom the ingrossed Bill, from the Lords, intituled, An Act for imprisoning Sir Thomas Cooke, Sir Bazil Firebrace, Charles Bates Esquire, and James Craggs; and restraining them from aliening their Estates; was committed; the Amendments made by the Committee to the said Bill; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House; and are as followeth; viz.

Press 1. L. 21. leave out "Sir Thomas Cooke."

L. 25. leave out "without Bail or Mainprize."

L. 29. after "And" insert, "be it enacted, by the Authority aforesaid."

L. 35. after "this," insert "or any other."

Press 2. L. 9. leave out from "contracted," to "provided," L. 13; and insert "upon valuable Considerations."

At the End of the Bill, add Clauses A, B.

Clause A: For discharging Sir Bazil Firebrace, Mr. Bates, and Mr. Craggs, from their Imprisonment, upon their giving good Security to appear the First Day of the next Session; and so, from time to time, during the Session, as either House shall require.

Clause B: That Sir Bazil Firebrace may give his Daughter, in Marriage, such Portion as he has agreed to give, not exceeding 20,000£.

A Clause was offered to be added to the Bill, That such Persons as deal bona fide with Sir Tho. Cook, and pay for what they buy, shall not be farther accountable for the same:

And the Clause was once read.

And the Question being put, That the Clause be read a Second time;

It passed in the Negative.

Supply Bill; Duties on Glass, &c.

An ingrossed Bill for granting to his Majesty certain Duties upon Glass Wares, Stone and Earthen Bottles, Coals, and Culm, for carrying on the War against France, was, according to the Order of the Day, read the Third time.

An Amendment was proposed to be made, Press 9. L. 24. to insert, after "waterborne," "in order to be shipped:"

And the Question being put, That the said Words be inserted;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Another Amendment was proposed to be made, Pr. 10. L. 14. after "Importation," to insert "on Landing:"

And the same 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 be, An Act for granting to his Majesty certain Duties upon Glass Wares, Stone and Earthen Bottles, Coals, and Culm, for carrying on the War against France.

Ordered, That Sir Thomas Littleton do carry the Bill to the Lords, and desire their Concurrence thereunto.

Conference with Lords.

A Message from the Lords, by Mr. Meredeth and Mr. Holford:

Mr. Speaker,

The Lords desire a present Conference, in the Painted Chamber, upon the Subject-matter of the Amendments, made by this House, to the Bill, intituled, An Act for declaring the Commencement of an Act, intituled, An Act for continuing the Acts for prohibiting all Trade and Commerce with France; and for the Encouragement of Privateers; to be, from the Time that it passed the Royal Assent; to wit, on the Fourteenth Day of March 1692.

And then the Messengers withdrew.

Resolved, That the House do agree to a Conference, as the Lords desire.

And the Messengers were called in again: And Mr. Speaker acquainted them therewith.

Ordered, That Mr. Harcourt, Mr. Smith, Mr. Bromley, Sir Jos. Tredenham. Sir Wm. Cooper, Mr. Lutterell, Mr. Tho. Foley, Sir John Thompson, Sir Hen. Hobart, Sir Rowland Gwynn, Lord Cornbury, Sir Cha. Sidley, Mr. Ash, Mr. Finch, Sir Rich. Onslow, Sir Sam. Barnardiston, Sir John Guise, Mr. Pelham, Sir Eliab Harvey, Sir Hen. Goodrick, do manage the said Conference.

And the Managers went to the Conference.

And, being returned;

Mr. Harcourt reported, That they had met the Lords at the Conference; and that the Lord Bridgwater managed the same, on the Part of the Lords; and that they do agree to the Amendments, except to Clause A; because they conceive there is no reason to except the Ship mentioned in the said Proviso only, when many others are concerned in the same Nature; which Exception, if allowed to all, will take away the whole Intent of this Bill.

Ordered, That the said Report be taken into Consideration To-morrow Morning.

Duke of Leeds' Impeachment.

Ordered, That the Committee who were appointed to prepare the Articles of Impeachment against the Duke of Leeds, do consider what is the proper Method to compel Witnesses to come in, and give their Evidence, upon Tryals of Impeachments; and report the same to the House.

Imprisoning Sir T. Cook, &c.

The ingrossed Bill, from the Lords, intituled, An Act for imprisoning Sir Thomas Cooke, Sir Bazil Firebrace, Charles Bates Esquire, and James Craggs; and restraining them from aliening their Estates; was read the Third time.

An ingrossed Clause was offered, as a Rider, to the Bill, for the bailing of Sir Thomas Cooke:

And the Question being put, That the same be brought up to the Table;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Resolved, That the Bill do pass.

An Amendment was proposed to be made in the Title, by leaving out, after "imprisoning," "Sir Thomas Cook," and inserting "Sir Thomas Cook" after "them;" which was agreed unto by the House.

Ordered, That Sir Herbert Crofts do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, with some Amendments: To which they desire their Lordships Concurrence.

Duke of Leeds' Impeachment.

A Message from the Lords, by Sir Miles Cooke and Mr. Meredeth:

Mr. Speaker,

We are commanded by the Lords to acquaint this House, That their Lordships conceiving the Session may not continue much longer, they think themselves obliged, in Justice, to put this House in mind of the Impeachment brought up against the Duke of Leeds: To which the Answer of the Duke of Leeds having been transmitted to this House, the Lords desire they may be acquainted, when this House can be ready to make good the Articles of the said Impeachment; to the end a certain Day may be appointed by the Lords for that Purpose.

And then the Messengers withdrew.

Resolved, That this House will send an Answer by Messengers of their own.

And the Messengers were called in again: And Mr. Speaker acquainted them therewith.

Ditto.

Ordered, That the Answer of the Duke of Leeds, to the Articles of Impeachment against him, be referred to the Consideration of the Committee, to whom it was referred to draw the said Articles of Impeachment: And that they do consider what is to be done thereupon, according to the Course of Parliaments; and report the same to the House.

Ordered, That the said Message be referred to the Consideration of the said Committee.

Ordered, That the said Committee do meet this Afternoon at Six a Clock: And that they have Power to send for Persons, Papers, and Records.

Committees.

A Motion being made, and the Question being put, That all other Committees be adjourned;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

And then the House adjourned till To-morrow Morning, Nine a Clock.