House of Commons Journal Volume 10: 11 July 1689

Jovis, 11 die Julii; 1° Gulielmi et Mariæ.

Prayers.

Rights of the Subject, and settling the Crown.

Mr. Carter reports from the Committee, to whom it was referred to prepare Reasons to be offered at a Conference with the Lords, Why this House doth not agree with the Lords in the Amendments by them proposed to be made to the Bill for declaring the Rights and Liberties of the Subjects, and settling the Succession of the Crown, That the Committee had agreed upon Reasons accordingly: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were read; and agreed unto by the House; and are as followeth; viz.

The Commons do not agree to your Lordships First Amendment, in the 7th Skin, and Line 25, for the Reasons following:

It not being contained in the Declaration which was presented by both Houses to their Majesties upon their Acceptance of the Crown.

A further Limitation of the Crown may be dangerous, and of ill Consequence.

To the last Amendment propounded by your Lordships to be made, by leaving out, from the Word "accordingly," in Line 25, in the Eighth Skin, to the End of the Bill, the Commons do not agree, for the Reasons following;

The Dispensing Power against Statute Laws hath been assumed within Time of Memory.

It hath unreasonably increased, from time to time, to the Overthrow of Multitudes of good Laws.

All Laws made for the Benefit of Trade may be thereby eluded; and Monopolies erected.

And generally the Mischiefs that have been consequent thereupon, are so great, that the Commons can find no Remedy to prevent the same, but by insisting upon this Clause and Proviso.

Ordered, That the Committee, who prepared the said Reasons, do manage the said Conference.

Conference desired with Lords.

Ordered, That Mr. Serjeant Trenchard do go up to the Lords, to desire a Conference upon the Subject Matter of the Amendments to the said Bill.

Attainting several Persons.

An ingrossed Bill for attainting certain Persons was read the Third time.

Several Amendments were proposed to be made to the Bill, by adding in the Saving "to their Majesties, and others," and Press *, Line *, instead of "August next," to insert "August 1689;" and adding the Christian Names of "William Mansell" to "Barker," and "Hugh" to "Southerland," throughout the Bill: All which 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 attainting several Persons now in Rebellion against their Majesties.

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

Gun-makers Petition.

A Petition of the Company of Gun-makers was read.

Resolved, That the same be recommended to the Board of the Ordnance, to compose the Matter thereof.

Leave of Absence.

Ordered, That Sir Christopher Musgrave have Leave to go into the Country, for a Month.

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

Ordered, That Captain Hyde have Leave to go into the Country, for a Fortnight.

Supply Bill; Excise.

Mr. Grey reports from the Committee, to whom some of the Amendments to the Bill for the additional Excise was referred, That they had agreed upon Amendments to be made thereof: Which he read in his Place, with the Coherence; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout; and afterwards, a Second Time, one by one; and agreed unto by the House; and are as followeth;

Folio 4, Line 24, after the Word "small," insert "brewed or made in any Part of England, Wales, or Town of Berwick upon Tweed, by any the Person or Persons aforesaid, other than within the Cities of London and Westminster, and within the weekly Bills of Mortality."

Folio 5, Line 1, after "Brewers," add "other than within the Cities of London and Westminster, and the Weekly Bills of Mortality aforesaid."

Line 7, after "notwithstanding," add "and that every Barrel of Beer and Ale, made or brewed within the said Cities of London and Westminster, and within the Weekly Bills of Mortality aforesaid, by any the Persons aforesaid, shall be reckoned, accounted, and returned, and the same are respectively to be reckoned, accounted, and returned by the former Acts of Excise; and that the common Brewers within the Cities of London and Westminster, and within the Weekly Bills of Mortality, shall have the like Allowances for Waste, by Filling and Leakage out of the said Gaugers Returns, as by the said former Acts are directed."

Then the Residue of the Amendments and Clauses, not before read a Second time, were read a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House, except Clause E for the Officers relating to the Excise not to intermeddle, until they had taken the Oaths of Allegiance and Supremacy, and an Oath not to receive any Fee or Reward from any Person but their Majesties; and entered a Certificate thereof, with the Auditor of the Excise, upon a Penalty: Which Clause was, upon the Question put thereupon, rejected.

An Amendment was proposed to be made in the Bill, by leaving out the Clause relating to Ale and Beer, of above Seventeen Shillings the Barrel; and, upon the Question put thereupon, it was agreed unto by the House.

Another Amendment was proposed to be made in the Bill, by leaving out the Clause relating to the Paying of the Excise for Cyder and Perry made and sold; and, instead thereof, to insert these Words, "for all Cyder and Perry made and sold by Retail, upon every Hogshead, to be paid by the Retailer thereof, over and above the Duties already payable for the same, and so proportionably for a greater or lesser Measure:" And the same was, upon the Question put thereupon, agreed unto by the House.

A Clause was offered to be made Part of the Bill, For no Brewer to use Melasses in his Brewing: Which was twice read: And, after an Amendment thereof, by adding, "or coarse Sugar, or Honey, or other Extract or Composition of Sugar," the same was upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be made Part of the Bill, for all Brandy or Spirits wrecked, to pay a Duty of Excise: Which was once read.

And the Question being put, That the same be read a Second time.

It passed in the Negative.

Another Clause was offered to be made Part of the Bill, for the Brewers of London to have Liberty to appeal to the Quarter Sessions.

And the Question being put, That the same be read;

It passed in the Negative.

Ordered, That the Bill, so amended, be ingrossed.

Lords agree to Conference.

Mr. Serjeant Trenchard acquaints the House, That he having (according to their Order) been up with the Lords, to desire a Conference; they have agreed to a Conference, To-morrow at Twelve a Clock, in the Painted Chamber.

Tanned Leather.

A Message from the Lords, by Sir Miles Cooke and Sir John Francklin;

Mr. Speaker, The Lords have passed a Bill, intituled, An Act for explaining Part of an Act made in the First Year of King James the First, concerning tanned Leather: To which they desire the Concurrence of this House.

Militia.

Mr. Attorney General reports from the Committee, to whom the Clause for Repeal of the former Laws relateing to the Militia was referred, That they had agreed upon a Clause accordingly: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was twice read; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

A Clause was offered to be made Part of the Bill, for such as had received any Trophy Money, to give an Account thereof; and also for the Receivers or Treasurers for the Time to come, to give Security to account: And the same was twice read; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

Another Clause was offered to be made Part of the Bill, for the Governor of the Tower to turn the Militia of the Tower Hamlets into Fuzileers, and for him to appoint a Treasurer, and do other Things relating to that Militia, as the Lieutenancy of the City of London do to theirs: Which was once read.

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

It passed in the Negative.

Ordered, That the Bill, as it is amended, be ingrossed.

Committees.

Ordered, That all Committees be revived.

Abbington Election.

Ordered, That the Report, from the Committee of Privileges and Elections, touching the Election of a Burgess to serve in this present Parliament for the Borough of Abbington in the County of Berks, be made on Monday next.

Committees added.

Ordered, That Mr. Serjeant Trenchard, Sir Wm. Poultney, Marquis of Winchester, Mr. Holt, Sir Rob. Gwynne, Lord Coote, Mr. Bromley, Mr. Reynell, Mr. Palmes, Sir Rob. Davers, Mr. Tho. Foley, Mr. Vane, Mr. Wildman, Mr. Harvey, Mr. Robert Russell, Sir Wm. Ellis, Sir Rice Rudd, Sir James Rushout, be added to the Committee, to whom the Address sent down from the Lords, to be presented to his Majesty, was referred.

Proceedings against Sir W. Williams.

Ordered, That the Record of the Judgment, upon the Information against Sir William Williams, be read Tomorrow Morning, the first Business.

And then the House adjourned till To-morrow Morning, Eight of the Clock.