House of Commons Journal Volume 10: 6 July 1689

Sabbati, 6 die Julii; 1° Willielmi et Mariæ.

Prayers.

Leave for Member to attend Lords.

ORDERED, That Mr. Hawles have Leave to attend the House of Lords, as Counsel in a Cause between Tunstall and Smith.

Foreignbuilt Ships.

A Petition of the Mariners, and Owners of Shipping, and others, using the Coal Trade, was read; setting forth, That King Charles the Second was pleased to give Liberty to supply the Coal Trade with Foreign-built Shipping, which was much lessened by a violent Storm happening about Fourteen Years since, wherein above One hundred Sail of considerable Ships were lost: That the Petitioners, and others, procured Owners to buy them Ships in Foreign Parts, for the Coal and East Country Trade; but that, while they were at Sea, some few Persons procured an Act 1° Jacobi II^di; whereby the Petitioners, and other Ships, after 29 September 1689, will be excluded the Coal Trade; which, if not redressed, the Ships must rot; and Thousands of Seamen seek their Bread in Foreign Parts; the City of London want Coals at a moderate Rate; and their Majesties hindered of a considerable Custom: And praying the Consideration of the House, and Relief therein.

A Debate arose thereupon.

And the Question being put, That Leave be given to bring in a Bill to prolong the Time for wearing out such Foreign-built Ships, as are now in the Hands of English Owners, notwithstanding the Act of 1° Jac. II^di;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Reversing Judgments against Oates.

An ingrossed Bill to reverse the Judgments given against Mr. Oates, was read the Third time.

An Amendment was proposed to be made in Press *, Line *, by leaving out "A," and, instead of, "Writ," to make "Writs;" and upon the Question put thereupon, was agreed unto by the House.

Resolved, That the Bill do pass: And that the Title thereof be, An Act for reversing Two Judgments given in the Court of King's Bench against Titus Oates, Clerk.

Ordered, That Mr. Eldred do carry up the Bill to the Lords, for their Concurrence.

Leave of Absence.

Resolved, That Mr. Christy have Leave to go into the Country, for a Fortnight.

Ordered, That Mr. Brewer have Leave to go into the Country, for Three Weeks.

Ordered, That Mr. Kendall have Leave to go into the Country, for Three Weeks.

Orphans of London.

Then the Order for the House to resolve into a Committee of the whole House, to proceed further into the Consideration of the Bill for Relief of the Orphans of the City of London, was read.

Resolved, That it be an Instruction to the Committee, That they bring in a Clause to take off Six-pence per Chaldron, upon Coals, of the Duty granted to St. Paul's Church; and to apply the same towards the Payment of the Debts to the Orphans of the City of London; and that to compensate the same, the Term granted of the Residue of the said duty for the Benefit of that Church be enlarged; with a Clause of Credit to raise Money thereupon.

Orphans of London.

Then the House resolved into a Committee of the whole House, to proceed in the further Consideration of the Bill for Relief of the Orphans of the City of London.

Mr. Speaker left the Chair.

Mr. Grey took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Grey reports from the Committee of the whole House, That they had (in relation to the said Bill) come to several Resolutions; which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were read; and are as followeth;

Resolved, That it is the Opinion of this Committee, That the House be moved, That there be an Imposition of Two-pence per Chaldron laid on all Coals imported into the Port of London, towards Payment of the Debt to the Orphans of London.

Resolved, That it is the Opinion of this Committee, That the House be moved, That Two-pence (clear of all Charges) of the Four-pence per Chaldron on Metage, as the Meters places fall, be applied towards further Payment of the Orphans Debt.

Resolved, That it is the Opinion of this Committee, That the House be moved, That the ancient Duty of Water Bailage in the City of London, that was due and payable before the late Quo Warranto against the City for the same, be applied towards further Payment of the Orphans Debt.

Resolved, That it is the Opinion of this Committee, That the House be moved, That a Peny a Quarter more be laid upon the Metage of all Corn imported into the Port of London, towards the further Payment of the Orphans Debt.

Resolved, That it is the Opinion of this Committee, That One half of the Revenue to arise by the Hackney Coaches be applied towards the further Payment of the Orphans Debt.

Resolved, That it is the Opinion of this Committee, That the House be moved, That the Profits of Tronage, or Weighing at the Beam, commonly called The King's Beam, belonging to the City of London, be applied towards the further Payment of the Orphans Debt.

Resolved, That it is the Opinion of this Committee, That the House be moved, That the Profits arising by the Out Ropers Office within the City of London, and Liberties thereof, be applied towards the further Payment of the Orphans Debt.

Resolved, That it is the Opinion of this Committee, That the House be moved, That a Bill be brought in upon the Resolution aforesaid; and also, upon the Order of this House this Day, for bringing in a Clause for taking off Six-pence per Chaldron on Coals from St. Paul's Church to be applied towards the Orphans Debt; and for giving to St. Paul's Church a Compensation, by inlarging of the Term for the Residue of the Duty belonging to the said Church; and adding a Borrowing Clause in respect thereof.

The First of the said Resolves being read a Second time;

Resolved, That there be an Imposition of Two-pence per Chaldron laid on all Coals imported into the Port of London, towards Payment of the Debt to the Orphans of London.

The Second of the said Resolves being read a Second time;

Resolved, That Two-pence (clear of all Charges) of the Four-pence per Chaldron Metage, as the Meters Places fall, be applied towards further Payment of the Orphans Debt.

The Third of the said Resolves being read a Second time;

Resolved, That the ancient Duty of Water Bailage in the City of London, that was due and payable before the late QuoWarranto against the City for the same, be applied towards further Payment of the Orphans Debt.

The Fourth of the said Resolves being read a Second time;

Resolved, That a Peny a Quarter more be laid upon the Metage of all Corn imported into the Port of London, towards the further Payment of the Orphans Debt.

The Fifth of the said Resolves being read a Second time;

Resolved, That One half of the Revenue to arise by the Hackney Coaches be applied towards the further Payment of the Orphans Debt.

The Sixth of the said Resolves being read a Second time;

Resolved, That the Profits of the Tronage or Weighing at the Beam, commonly called The King's Beam, belonging to the City of London, be applied towards the further Payment of the Orphans Debt.

The Seventh of the said Resolves being read a Second time;

Resolved, That the Profits arising by the Outropers Office within the City of London, and Liberties thereof, be applied towards the further Payment of the Orphans Debt.

The Eighth of the said Resolves being read a Second time;

Resolved, That a Bill be brought in upon the Resolutions aforesaid; and also upon the Order of the House this Day, for bringing in a Clause for taking off Six-pence per Chaldron on Coals from St. Paul's Church, to be applied towards the Orphans Debt; and for giving to St. Paul's Church a Compensation, by Inlarging of the Term for the Residue of the Duty belonging to the said Church, and adding a Borrowing Clause in respect thereof.

Resolved, That there be a Clause brought into the said Bill, to take away the Power of the City of London to compel the Estates of Orphans to be brought into the Chamber of London; and also another Clause, for a Register to be kept of the Money provided for the Orphans Relief, that it be rightly applied to the Use of the Orphans; and that it may not be in the Power of any Person whatsoever to divert the same to any other Use: And also another Clause, That such as have bought Orphans Estates, may have an Allowance of the Interest at the Rate of Four Pounds per Cent. only, for the Monies really paid by them; and that the Residue of the Interest of the Debt may go to the Use of the Orphans from whom they bought the same: And also another Clause for Discharging of the City of London of the Interest incurred to the Orphans to the First Day of August 1689.

Resolved, That a Committee be appointed to bring in the said Bill.

And it is referred unto Mr. Paul Foley, Major Wildman, Sir Rob. Clayton, Sir Cha. Blois, Mr. Attorney General, Sir Wm. Williams, Mr. Serjeant Wogan, Mr. Grey, Mr. Smith, Mr. Bickerstaffe, Mr. Vincent, Mr. Done, Sir Jo. Guise, Mr. Solicitor General, Mr. Arnold, Mr. Christye, Sir Tho. Littleton, Sir Patience Ward, and all the Members that serve for the City of London.

Chettle's Estate.

A Message from the Lords, by Sir Miles Cooke and Sir Lacon William Child;

Mr. Speaker, The Lords have agreed to the Bill to enable * Chettle to sell Lands, to pay his Debts, and make Provision for his Wife and Children, with some Amendments; to which they desire the Concurrence of this House.

And then the Messengers withdrew.

London Charter.

Ordered, That the Bill for restoring the Charter of the City of London, be read To-morrow Morning.

Prosecutions of Topham as Serjeant at Arms.

Colonel Birch reports from the Committee of Privileges and Elections, to whom the Petition of John Topham, Esquire, Serjeant at Arms attending this House, was referred; and to examine the Matter thereof; and report the same, with their Opinions therein, to the House; That the Committee had examined the Matter, accordingly; and find, That, in Hilary Term 33° and 34° Caroli II^di, an Action of Assault and Battery, and false Imprisonment, was brought by Samuel Verdon against the said John Topham; to which the . . . John Topham pleaded, That what he did, was in Obedience to the House of Commons, to the Jurisdiction of the Court; and that there was a Demurrer to that Plea, and a Joinder in Demurrer.

That they find the like Action, and Pleading of the same Term, between the said John Hilyard and the said Mr. Topham:
And the like between Thomas Staples and Mr. Topham:
And the like between Rich. Blyth and Mr. Topham:
And the like at the Suit of John Nelson:
And the like at the Suit of Thomas Herbert:
And the like at the Suit of Nathan Reading:
And the like at the Suit of Richard Harneage:
And that, in Easter Term following, they find, there were Rules for Judgment in the said Causes against the said Mr. Topham, whereby the said Pleas are over-ruled.

That Sir Robert Henly being summoned to attend the Committee, he informed them, That Sir Francis Pemberton, Sir Thomas Jones, Sir Thomas Raymond, and Sir Wm. Dolben, were Judges of the King's Bench in Hillary Term 33 and 34, and in Easter Term 34 of K. Charles the Second; but said particularly, That he believed Mr. Justice Dolben was not in Court, or not of Opinion for over-ruling the Pleas, because he dissented in Fitzharris' Case, wherein the Privilege of Parliament was also concerned.

That Mr. Greenway the Attorney testified, That he was in Court when Mr. Topham's Plea was overruled; and that there was Sir Fra. Pemberton, and Mr. Justice Jones, in Court; and he believed, Mr. Justice Raymond.

That the Committee also inspected a Record of the King's Bench, Mich. 35° Car. II. Rot. 713. Brett v' Topham, wherein an Action of Assault and Battery, and false Imprisonment, was brought against Mr. Topham: And that he pleaded in Bar an Order of the House of Commons: And that the Plaintiff replied de injuria sua propria: And, upon Demurrer, the Plaintiff's Replication was adjudged good.

That Sir Robert Henley testified, That Sir George Jeffryes, Mr. Justice Holloway, Mr. Justice Walcot, and he thinks, Mr. Justice Wythens, were Judges of the King's Bench at that time.

That Mr. Staples appeared before the Committee, and said, That about Eight Years ago he was under a Confinement by Order of the House; and, upon his Application to the House, was ordered to be discharged; and thereupon paid Mr. Topham Ten Pounds: And that, some time after, meeting at Windsor, and there being some Discourse about that Matter, the Serjeant bid him take his Course: That afterwards one Woodward came to him, and told him, he was informed there was a Misunderstanding between him and the Serjeant; and told him, he had sued the Serjeant at Fourteen or Sixteen Persons Suits; and offered to be concerned for him: And, he believed, he might deliver a Declaration; but that he, the said Mr. Staples, never saw the Pleadings: And that afterwards he had a Treat, but received no Money.

That Mr. Topham said, He never received any Money of Mr. Staples.

That Dr. Hildyard appeared, and acknowledged, There was a Suit commenced in his Name, being often solicited by Mr. Verdon to that Purpose: But that it was carried on intirely by Mr. Verdon; the said Dr. Hilyard declaring to Mr. Verdon, He would not contend with the House of Commons; but said, If he had done any thing amiss, he did submit himself to the House.

That thereupon, and inasmuch as the said Dr. Hilyard had given Satisfaction to the Serjeant, as to his particular Damage, the Committee, as to him, came to this Resolution;

Resolved, That it is the Opinion of this Committee, That the said Dr. Hilyard be discharged any further Attendance.

That the Committee came also to these further Resolutions;

Resolved, That it is the Opinion of this Committee, That the Judgment given by the Court of King's Bench, in Easter Term 34 Car. II. Regis, upon the Plea of John Topham, at the Suit of John Jay, to the Jurisdiction of that Court; and also the Judgments given against the said Mr. Topham, at the Suit of Samuel Verdon, John Hilyard, Thomas Staples, Richard Blyth, John Nelson, Thomas Herbert, Nathanael Reading, and Rich. Harneage, are illegal, and a Violation of the Privileges of Parliament, and pernicious to the Rights of Parliament.

The First of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That Dr. Hilyard be discharged any further Attendance.

The Second of the said Resolves being read a Second time;

Resolved, That the House doth agree with the Committee, That the Judgment given by the Court of King's Bench, in Easter Term, 34 Car. II. Regis, upon the Plea of John Topham, at the Suit of John Jay, to the Jurisdiction of that Court; and also the Judgments given against the said Mr. Topham, at the Suit of Samuel Verdon, John Hilyard, Thomas Staples, Richard Blyth, John Nelson, Tho. Herbert, Nathanael Reading, and Rich. Harneage, are illegal, and a Violation of the Privileges of Parliament, and pernicious to the Rights of Parliament.

Privilege- a person ordered into custody for contempt.

Colonel Birch also acquaints the House, That John Okey testified, that he had summoned Sir Tho. Whitgreave at his House in Staffordshire, the Thirteenth of June, to appear before the Committee the Nineteenth of June following, to answer the Matters to be objected against him; but that the said Sir Tho. Whitgreave did not appear: And that thereupon the Committee came to this Resolution:

Resolved, That it is the Opinion of the Committee, That the said Sir Thomas Whitgreave is in Contempt: And that it be reported to the House.

Ordered, That Sir Thomas Whitgreave be taken into Custody by the Serjeant at Arms attending this House, for such his Contempt.

A Member of this House acquainting the House, That the said Sir Thomas Whitgreave is very aged and infirm, and not able to travel;

Ordered, That the Execution of the said Order be suspended for a Month.

Reversing Judgment against Topham.

Resolved, That a Bill be brought in to reverse the Judgment against John Topham; and for settling the Rights and Privileges of Parliament for the future.

Irish Affairs.

Sir Thomas Littleton acquaints the House, That he had Directions from the Committee to whom it was referred to inquire into the Miscarriages relating to Ireland and Londonderry, to move the House, That, inasmuch as there doth not appear to them any Evidence that Colonel Richards, now a Prisoner in the Gatehouse, was guilty of any Miscarriage; his Majesty may be humbly desired to give Order, That the said Colonel Richards may be bailed.

Resolved, That his Majesty be humbly addressed unto, by such Members of this House as are of his Majesty's most honourable Privy Council, That he will please to give Order, That the said Colonel Richards may be bailed.

Sir Francis Pemberton. &c.

Ordered, That Sir Francis Pemberton, Sir Thomas Jones, and Sir Francis Withens, do attend this House upon Wednesday Morning next.

Committees.

Ordered, That all Committees be revived.

And then the House adjourned till Monday Morning, Eight of the Clock.