House of Commons Journal Volume 11: 10 April 1697

Sabbati, 10 die Aprilis;

9° Gulielmi Tertii.

Moyl's Estate.

SIR John Bolls reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for vesting Part of the Estate of Richard Moyl, Gentleman, in Trustees, to be sold, for Payment of Debts, was committed, That they had examined and considered the same, and made an Amendment; which they had directed him to report to the House; and which he read in his Place, with the Coherence; and afterwards delivered in at the Clerk's Table: Where the same was read; and agreed unto by the House; and is as followeth: viz.

"That this Act shall not extend to the Lands settled in Jointure upon Martha Clobery, or any the Limitations in the said Settlement mentioned; but that the same Lands shall, to all Intents and Purposes, remain and be according to the said Deed of Settlement."

Lustring Manufacture.

The House proceeded to take into Consideration the Amendments, made by the Lords, to the Bill, intituled, An Act for the further Encouragement of the Manufacture of Lustrings and Alamodes within this Realm; and for the better preventing the Importation of prohibited Goods, and Goods without paying the Duties charged on the same:

And the same were read; and are as follow; viz.

In the Title, L. 4, leave out from "of" to the End, and add "the same:"

Sk. 1. L. 30, 31, leave out "for any other Goods or Merchandize whatsoever:"

2 Sk. L. 1, 2, leave out "or other Goods or Merchandize:"

2 Sk. L. 6, leave out "or shall deliver, or cause to be delivered:"

L. 13, after "Persons," add "shall and may be prosecuted for any the Offences or Matters aforesaid, in any Action, Suit, or Information; and thereupon a Capias in the First Process, specifying the Sum of the Penalties sued for, shall and may issue; and such Person and Persons:"

L. 15, after "Security," add "by natural-born Subjects, Persons naturalized, or Denizens:"

L. 21, after "Security," add "by such Persons as aforesaid:"

L. 24, leave out from "thereof" to "and," in 26 L. and, instead thereof, insert "or to yield his, her, or their Bodies to Prison:

5 Sk. L. 22, after "Company," add "before the First Day of May 1697:"

And some of the said Amendments, being read a Second time, were, upon the Question put thereupon, agreed unto by the House.

Ordered, That the further Consideration of the Residue of the said Amendments be adjourned until Monday Morning next.

Brokers and Stockjobbers.

Sir Joseph Tiley, according to Order, presented to the House a Bill to retrain the Number, and ill Practice, of Brokers and Stockjobbers: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Resolved, That the Bill be read a Second time this Day, after Twelve a Clock.

Preventing Purchase and Sale of Offices.

The House proceeded to take into Consideration the Report from the Committee appointed to draw up Reasons, to be offered at a Conference with the Lords, touching the Amendments, made by their Lordships, to the Bill, intituled, An Act to prevent the buying and selling Offices and Places of Trust:

And the Reasons were twice read; and agreed unto by the House; and are as followeth; viz.

The Commons disagree to the Lords Clause, marked A: Because they do conceive, That Hereditary Places are an Entail; and not to be forfeited by any body but for himself; and that they ought less to be sold than any other: And if any Person, in such Case, shall forfeit his Place, by Selling of Places which hold under him, and are in his Gift, he justly ought to forfeit his own, for his Life; and the Heir ought to inherit and enjoy it as if the forfeiting Person were actually dead.

The Commons disagree to the Lords Clause, marked B: Because the Commons do think, That the Selling of Places having, in all Times, by the best Governments, been accounted a Corruption, and of dangerous Consequence to the Well-being of a good Constitution; it is most reasonable, That in the Courts where Justice is to be administered, it should be there most eminently free from this Corruption: Without which, also, the exorbitant Fees taken in those Courts can never be abated, nor the Subject eased from the Burden of them; which is so great, that many Estates are swallowed up by it: And they are further of Opinion, That the Statutes made in the 20th Year of the Reign of Edward the IIId, and 12th of Richard the IId, having endeavoured to provide against this Evil; and afterwards, the Statute made in the Fifth Year of the Reign of Edward the VIth; the Proviso therein for the Judges did not intend to impower them to sell Places; whatever Pretences might be made by them to continue some Customs, which, since the Statute of Richard IId, they had crept into: But, the Reason of the Thing, in its own Nature, being against it, they cannot conceive, That the Judges ought to be particularly excepted in this Bill; or that this Bill, which is intended to prevent Corruption in general, should give an Allowance of it in any Particular: But that, if the Judges are not sufficiently provided for, so as to live according to their Dignity, without making use of indirect Means, they should be better provided for by the Government; as, in the above-mentioned Statute of Edward the IIId, it is said they were for that Reason.

The Commons disagree to the Lords Clause, marked C: Because they do conceive, That the Bill expressing no Deputation shall be sold, it doth sufficiently in that declare, That they may be given, and lawfully officiated, where they might have been before this Bill.

Conference desired with Lords.

Ordered, That the Lord Spencer do go to the Lords, and desire a Conference with their Lordships, upon the Subject-matter of the said Amendments.

Seamens Pay.

Sir Thomas Dyke reported from the Committee, to whom the Consideration of the Petition of the Seamen, their Wives and Relations, was referred, That they had considered the same; and had directed him to report the Matter specially to the House; which he read in his Place; and afterwards delivered in at the Table.

Ordered, That the said Report do lie upon the Table.

Abuses in Exchequer.

Ordered, That the Report from the Committee appointed to inquire into the Abuses of the Officers of the Exchequer, and Receivers of the Taxes and Revenues, be taken into Consideration upon Monday Morning next.

Supply Bill; Duty on Tin and Pewter.

An ingrossed Bill for lessening the Duty upon Tin and Pewter exported; and granting an Equivalent for the same; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the lessening the Duty upon Tin and Pewter exported; and granting an Equivalent for the same, by a Duty upon Drugs.

Ordered, That Mr. Buscawen do carry the Bill to the Lords, and desire their Concurrence thereunto.

Conference with Lords.

The Lord Spencer reported, That he had, according to Order, been at the Lords, to desire a Conference upon the Subject-matter of the Amendments, made by their Lordships, to the Bill, intituled, An Act to prevent the buying and selling Offices and Places of Trust; and they do agree to a Conference, presently, in the Painted Chamber.

Resolved, That the Committee who drew the Reasons do manage the Conference.

And the Managers went to the Conference.

And, being returned;

The Lord Spencer reported, That they had given the Lords the Reasons for disagreeing to the said Amendments; and left the Bill, and Amendments, with their Lordships.

Supply Bill; Malt Duties.

An ingrossed Bill for granting to his Majesty certain Duties upon Malt, Mum, Sweets, Cyder, and Perry, as well towards carrying on the War against France, as for the necessary Expence of his Majesty's Household, and other Occasions, was read the Third time.

Several Amendments were proposed to be made in the Bill; viz. to make the "10th of July" the "20th," in several Places; and to insert "Utensils," in several Places; and to insert "wetting" instead of "wetted:"

And the same were, upon the Question severally 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 Malt, Mum, Sweets, Cyder, and Perry, as well towards carrying on the War against France, as for the necessary Expence of his Majesty's Houshold, and other Occasions.

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

Supply Bill; Tonage Duty and Land Tax.

A Bill for granting to his Majesty a further Subsidy of Tonage and Poundage upon Merchandize imported, for the Term of Two Years and Three-quarters; and an additional Land-Tax, for One Year; for carrying on the War against France; was, according to Order, read a Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider of the said Bill.

Resolved, That it be an Instruction to the said Committee, That they have Power to consider of the Rates laid upon Prize Goods.

Brokers and Stockjobbers.

A Bill to restrain the Number, and ill Practices, of Brokers and Stockjobbers, was, according to Order, read a Second time.

And a Motion being made, and the Question being put, That the Bill be committed to a Committee of the whole House;

It passed in the Negative.

Resolved, That the Bill be committed to Mr. Chancellor of Exchequer, Mr. Lounds, Sir Tho. Littleton, Mr. Solicitor-General, Lord Wm. Pawlet, Lord Fitzharding, Lord Coningsby, Mr. Newport, Sir Wm. Lowther, Sir Wm. St. Quintin, Mr. Culliford, Mr. Foley, Sir Jos. Tiley, Sir Wm. Cowper, Lord Ranelagh, Sir Walter Young, Sir Hen. Hobart, Mr. Pelham, Mr. Fleming, Sir Edward Abney, Mr. Norris, Mr. Clerk, Mr. Chadwick, Mr. Sherrard, Mr. Palmes, Mr. Gerrard, Mr. Arnold, Sir John Elwell, Sir Wm. Honywood, Mr. Culliford, Sir Wm. Forrester, Mr. Bethell, Mr. Monson, Mr. Fuller, Mr. Ryder, Mr. Perry, Mr. Mawdet, Colonel Kendall, Sir Richard Onslow, Sir John Austen, Mr. Attorney-General, Mr. Shackerly, Sir Wm. Strickland: And all that come are to have Voices: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Exchequer Receipt.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill for the better Observation of the ancient Course in the Exchequer.

Mr. Speaker left the Chair.
Sir Thomas Littleton took the Chair of the Committee.
Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had gone through the Bill, and made several Amendments; which they had directed him to report, when the House will please to receive the same.

Ordered, That the said Report be made upon Monday Morning next.

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