House of Commons Journal Volume 11: 6 March 1694

Pages 119-120

Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.

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Page 119
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Martis, 6 die Martii;

6° Gulielmi et Mariæ.


Lord Stawell's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act for Payment of the Debts of John Lord Stawell, lately deceased, was read the First time.

Resolved, That the Bill be read a Second time, upon Friday Morning next.

Persons pardoned for Felony.

A Message from the Lords, by Sir Miles Cook and Mr. Holford:

Mr. Speaker,

The Lords have agreed to the Bill, to repeal the Statute made in the 10th Year of King Edward the Third, for finding Sureties for the good Abearing of him or her that hath a Pardon of Felony, with some Amendments: To which Amendments they desire the Concurrence of this House.

And then the Messengers withdrew.

Cavendish's Estate.

An ingrossed Bill from the Lords, intituled, An Act for increasing the present Maintenance of the Honourable Henry Cavendish; and for providing a Jointure for such Woman as he shall marry during the Life of his Father, the Earl of Devonshire; was read the Second time.

Resolved, That the Bill be committed to Colonel Granvile, Sir Chr. Musgrave, Sir John Moreton, Lord Coningsby, Sir Tho. Clarges, Mr. P. Foley, Sir Ralph Carr, Mr. Hutchinson, Colonel Leveson, Mr. Tho. Foley, Mr. St. John, Mr. Lutterell, Mr. Boyle, Mr. Ash, Sir Edward Seymour, Sir Bev. Granvile, Mr. Slater, Sir Fra. Blake, Mr. Clarke, Sir John Wynn, Mr. Newport, Mr. Hide, Mr. Hungerford, Sir Robert Davers, Mr. Parkhurst, Sir Edw. Abney, Mr. Gwyn, Mr. White, Mr. England, Sir Walt. Young, Sir Wm. Forester, Mr. Boscawen, Mr. Arnold, Mr. Bickerstaffe, Mr. Gray, Mr. Bromley, Mr. Nicholas, Mr. Burdet, Mr. Harley, Mr. Burrington, Mr. Pelham, Mr. Burrard, Mr. Colt, Lord Colchester, Mr. Boyle, Mr. Mansell, Lord Castleton, Mr. Fenwick, Mr. Thornhaugh, Sir Robert Howard, Mr. Ogle, Sir Walt. Clarges, Mr. Smith, Mr. Gilbert, Mr. Waller, Colonel Godfry: And they are to meet To-morrow at Four a Clock in the Afternoon in the Speaker's Chamber.

And it is to be an Instruction to the said Committee, That they do peruse and examine all the Settlements made by William late Earl of Devonshire of the Estate in the Bill mentioned: And that they do report specially to the House the particular Uses, Limitations, and Provisoes, therein, and the yearly Value of the said Estate; and the Consent of all the Parties concerned.

Privilege—Reflections on a Member.

A Complaint being made to the House, That Mr. Jacob Hubland, Minister of Bubbingworth, and Mr. William Soader, Curate of Abis-Rooding, in the County of Essex, had spoken scandalous and reflecting Words of this House; and of Sir Francis Massam, a Member thereof; in Breach of the Privilege of this House;

Touching which, one William Collyns, and John Starty, were called in; and, at the Bar, examined;

And then withdrew;

And a Motion being made, and the Question being put That the said Mr. Jacob Hubland, and Mr. William Soader, be sent for in Custody of the Serjeant at Arms attending this House;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Sir Walter Young,
Mr. Clarke:
Tellers for the Noes, Sir Eliab Harvey,
Mr. Fenwick:

So it passed in the Negative.

Ordered, That the said Mr. Jacob Hubland and Mr. William Soader be summoned to attend this House forthwith, to answer the said Complaint.

Punishing Mutiny and Desertion.

Colonel Granville reported from the Committee appointed to prepare Reasons, to be offered at a Conference with the Lords, for disagreeing with their Lordships in the Amendments, by them made, to the Bill for continuing the Act for punishing of Officers and Soldiers who shall mutiny, or desert their Majesties Service; and for punishing false Musters; and for Payment of Quarters; for One Year longer; That they had prepared Reasons accordingly; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were twice read, and agreed unto by the House; and are as follow; viz.

As to the Four first Amendments disagreed to:

For that the forcing Men into the Land-Service being against Law, and the Liberty of the Subject, the Commons are of Opinion, That all manner of Care ought to be taken to prevent such Practices; and therefore they cannot agree with your Lordships, in the impowering Petty Constables to give Certificates of the free Consent of such Persons as are listed; such Officers being usually of mean Condition, and mean Capacity; and consequently subject to be too much prevailed upon either by Menaces or Rewards.

As to the Proviso marked A, disagreed to:

For that the Tenor of this Bill imports, That nothing but an extraordinary Occasion induced the Commons to submit the Subjects of this Realm to Tryals by MartialLaw; this Proviso giving a new Judicature to the PrivyCouncil, the Commons conceive it to be unnecessary in the Cases for which it is provided, and that it may prove of dangerous Consequence to the Liberty of the Subject.

And they do further observe to your Lordships, That this Proviso extends the same Power to the Privy-Council of Ireland; though that Kingdom be not named in the Bill, nor in the Act continued by it.

Conference desired with Lords.

Ordered, That Colonel Granvile do go to the Lords, and desire the said Conference.

Irish For-feitures.

A Petition of Captain Christofer Wray was presented to the House, and read; setting forth, That the Petitioner hath faithfully served their Majesties in the Army, ever since the 14 of December 1688; and is still ready to do the same, being now actually in their Service: That the Petitioner is Son and Heir of Sir Drury Wray Baronet, and Ann his Wife, who, with Nine of her Children, are Protestants: That the Petitioner's said Mother was possessed of an Estate of Inheritance in her own Right, which, by reason of her said Husband's being in Arms for the late King James, is forfeited for his Life; though the same is charged with several Mortgages, and younger Childrens Portions: And praying, That in regard to the Petitioner's faithful Service, and his Mother, and Nine Children, a Clause may be inserted in the Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War, whereby their Majesties Grace and Favour may be extended to the Petitioner.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the said Bill is committed.

Boats carrying Coals.

A Petition of several Owners and Masters of Ships concerned in the Coal Trade was presented to the House, and read; setting forth, That the Petitioners are informed, there is now depending in this House a Bill for measuring, by a dead Weight, the Keels and Boats within the River of Newcastle upon Tyne, and the Ports adjacent: Which Bill, if it should pass into a Law, will not only very much prejudice the City of London, and most of the Sea-ports from Berwick to Plymouth, but also the Coal-Trade in general: And praying, That they may be heard by their Counsel before the Passing of the said Bill.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Conference with Lords.

Colonel Granvile reported, That the Lords do agree to a Conference presently, in the Painted Chamber.

Resolved, That the Committee who prepared the Reasons to be offered at the Conference do manage the said Conference.

And the Managers went to the said Conference.

And, being returned;

Colonel Granvile reported, That they had attended the Conference, and delivered the Reasons to the Lords; and left the Bill and Amendments, with their Lordships.

Irish Forfeitures.

Resolved, That this House will, upon Saturday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War.

Articles of Limerick and Gallway.

The Lord Ranelagh acquainted the House, That his Majesty had been pleased, pursuant to their humble Address, to command him to lay before this House Copies of the Articles of Limerick and Gallway: And he delivered the same in at the Clerk's Table.

Ordered, That the said Articles do lie upon the Table until Saturday Morning next, when the House is to resolve itself into a Committee of the whole House, to consider of the Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War.

Execution of Justice in Wales.

Ordered, That Sir Eliab Harvy, Sir John Manwaring, Sir Rich. Temple, Mr. Hopkins, be added to the Committee, to whom the Bill for the better Execution of Justice within the Principality of Wales is committed.

Call of the House.

Ordered, That the Call of the House be adjourned until Wednesday the 14th Day of this instant March.

Woollen Manufactures.

Ordered, That the Consideration of the Report from the Committee, to whom the Bill for reviving the Act, made in the First Year of their Majesties Reign, to prevent the Exportation of Wool; and encouraging the Woollen Manufactures of this Kingdom; was committed, be adjourned until Saturday Morning next.

Ease of Jurors.

Ordered, That the adjourned Debate, upon the ingrossed Bill for the Ease of Jurors who serve at the Assizes for England and Wales, be resumed upon Tuesday Morning next.

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