House of Commons Journal Volume 10: 18 December 1690

Jovis, 18 die Decembris; 2° Gulielmi et Mariæ.

Prayers.

Rosseter's Estate.

SIR Robert Cotton reports from the Committee to whom the Bill to enable John Rosseter, Esquire, to sell Lands for Payment of Debts, was committed, That they had agreed upon several Amendments to be made to the Bill; 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 were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

Leave for Members to attend Lords.

Ordered, That Sir Wm. Whitlock and Mr. Finch have Leave to attend the Lords, as Counsel, in a Cause between Allen and Clerke.

Manwairing's Estate.

An ingrossed Bill for vesting certain Lands, the Estate of Thomas Manwairing, Gentleman, in Trustees, to be sold for Payment of Debts, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for vesting certain Lands, the Estate of Thomas Manwareing, Gentleman, in Trustees, to be sold for Payment of Debts.

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

Lady Cornbury's Estate.

An ingrossed Bill from the Lords, intituled, An Act to give Catharine Lady Cornbury certain Powers to act as if she were of full Age, was read the Third time.

Resolved, That the Bill do pass: And that the Title be agreed.

Ordered, That Mr. Price do carry the said Bill to the Lords; and acquaint them, That this House hath agreed thereunto, without any Amendments.

London Orphans.

An ingrossed Bill from the Lords, intituled, An Act for erecting a Court of Inquiry, in order to the Relief of the distressed Orphans of the City of London, was read the First time.

Resolved, That the Bill be read a Second time.

Privilege-Abuse of Witness for giving Evidence.

Mr. Gray reports from the Committee of Privileges and Elections, to whom the Matter upon the Petition of David Tucker, Gentleman, was referred, That the Committee had examined Two Witnesses; viz.

Edward Cooker: Who testified, That on Monday last, he went to see one Mallett, a Prisoner in the King's Bench; and that they went together into the Garden; and that a Messenger came from Mr. Briggs, to tell Mallett, that the Marshal would speak with him: That Mallett answered, He had no Business with Mr. Briggs, nor was his Prisoner; and that, if Mr. Briggs had any Business with him, he might come to him: That afterwards Mr. Briggs came, with Five or Six Waiters, and dragged Mallett away: And thereupon Cooker speaking for Mallett, Mr. Briggs asked, Who should controul him in what he did with his Prisoners: One answered, That the Committee and Sir Jonathan Jennings would: That thereupon Mr. Briggs replied, God damn Sir Jonathan Jennings, he did not care a Fart for him; he thought himself as good a Man as he; nor did he care for the Parliament nor Committee, they had nothing to do with his Prisoners. And said he was present when Mrs. Tucker asked Mr. Briggs, What was the Reason he turned her Husband into the common Side: Mr. Briggs said, It was for petitioning the Parliament: And that Mr. Farrington being asked, Why he laid such an Action upon her Husband; he said, It was for exposing him to the Parliament.

And Mrs. Tucker: Who said upon the Occasion before-mentioned by Mr. Cooke, Mr. Briggs saying, Who should oppose him in what he did with his Prisoners; one answered, Sir Jonathan Jennings would; and thereupon Mr. Briggs replied, "God damn it, I am as good a Man as he:" And that Mallett saying, "Do you believe nobody can deal with . . .? Surely the Parliament will;" Mr. Briggs answered, They had nothing to do with him, only the Court of King's Bench: And then she asked Mr. Briggs, For what he had brought the Action against her Husband? Mr. Briggs said, It was for scandalizing him to the Parliament: And Mr. Farrington, being asked, Why he had brought his Action? answered, It was for scandalizing him to the Parliament, and his Office.

That Mr. Farrington's was an Action of Ten thousand Pounds, and Mr. Briggs' of Five thousand Pounds.

And that thereupon the Committee directed, That the said Matter of Fact be specially reported to the House.

Ordered, That Wm. Briggs, for his contemptuous Words and Behaviour, and scandalous Reflections upon this House, and upon Sir Jonathan Jennings, a Member thereof, employed in the Service of this House, be taken into the Custody of the Serjeant at Arms attending this House.

Bagnall's Estate.

A Message from the Lords, by Sir Miles Cooke and Dr. Edisbury.

Mr. Speaker, The Lords have agreed to the Bill, intituled, An Act to bar a Remainder limited to Dudley Bagnall, Esquire, in the Estate of Nich. Bagnall, Esquire, in Ireland, without any Amendments.

Also, the Lords desire a present Conference in the Painted Chamber, upon the Amendments to the Bill for limiting the Power of James now Earl of Salisbury to cut off the Entail of his Estate.

And then the Messengers withdrew.

Resolved, That this House doth agree to a present Conference with the Lords, as is desired.

And the Messengers being called in again; Mr. Speaker acquainted them therewith.

Ordered, That Sir Tho. Clarges, Sir Christopher Musgrave, Mr. Buscawen, Sir Jos. Williamson, Mr. Mountague, Sir Rich. Temple, Mr. Chancellor of the Exchequer, Mr. Boyle, Lord Brandon, Sir Edward Seymour, Mr. Dalben, do manage the said Conference.

And accordingly the Managers went to the Conference: And being returned;

Mr. Dalben reports, That the Managers had attended the Conference: And that the Earl of Rochester managed for the Lords; and said, That the Lords had agreed to the Amendments made by this House to the said Bill, with an Amendment in Clause C; viz.

To leave out from "appointed," in Line 13, to "Provided" in Line 16; and, instead thereof, to insert these Words, "from coming to any other his Brother or Brothers, that shall be a Protestant at the Time of such Act or Acts done: But that every such Brother shall take, and come into such his Remainder or Estate limited to him by the said Settlement, in such manner as he should or might, if no such Act or Acts had been done:" And that the Reason thereof is, because it is vehemently suspected, That Wm. Cecill and Cha. Cecill, who are to take in Remainder next after Robert the Suppliant, are both Papists; in which Case it will be in the Power of Robert (as this Clause is sent up) to dock the Remainder of George the youngest Brother, though he be a Protestant; which the Lords conceive is not the Intention of this House: Wherefore they have thought fit to make that Amendment, in order to preserve the Remainder for the Benefit of the Protestant Heir, that it may descend to him, though any of the elder Brethren, to whom the prior Remainders are limited by the Settlement, should be Papists.

And the said Amendment being twice read; the same was upon the Question put thereupon, agreed unto by the House.

Ordered, That Mr. Dalben do carry the Bill to the Lords; and acquaint them, that this House hath agreed to the said Amendment.

Attainting Persons in Rebellion.

Mr. Serjeant Blincoe report from the Committee to whom it was referred to prepare and bring in Clauses to the Bill of Attainder, for the more effectual Applying of the Forfeitures in England and Ireland, to be a Security for the Raising of Monies towards the Charge of the present War, and for reserving a Proportion of the said Forfeitures to his Majesty's Disposal, That they had prepared several Clauses accordingly: Which he read in his Place; and afterwards, delivered in at the Clerk's Table: Where the same were once read throughout.

And afterwards Clause A being read a Second time;

Resolved, That the said Clause be committed to the Committee to whom the said Bill is committed.

And then Clause B being read a Second time;

Resolved, That the said Clause be committed to the Committee to whom the said Bill is committed.

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

The House divided.

The Yeas go forth.

So it passed in the Negative.

And then the Question being severally put upon the Clauses D, E, F, G, H, and I, That they be read a Second time;

It passed in the Negative.

And then Clause K being read a Second time;

Resolved, That the said Clause be committed to the Committee to whom the said Bill is committed.

And then the Question being severally put upon the Residue of the said Clauses, That they be read a Second time;

It passed in the Negative.

Resolved, That this House do immediately resolve itself into a Committee of the whole House, to proceed in the further Consideration of the said Bill.

Accordingly the House resolved itself into a Committee of the whole House upon the said Bill.
Mr. Speaker left the Chair.
Mr. Solicitor General took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Mr. Solicitor General reports from the said Committee, That they had gone through the Bill, and made several Amendments thereto; and had directed him to make the Report thereof to the House.

Ordered, That the said Report be made To-morrow Morning at Nine a Clock; and nothing to intervene.

Ways and Means.

Resolved, That this House will, To-morrow Morning at Eleven a Clock, resolve itself into a Committee of the whole House, to consider of further Ways and Means for raising the Supplies to be granted to their Majesties.

Committees.

Ordered, That all Committees be adjourned.

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