House of Commons Journal Volume 10: 7 January 1692

Jovis, 7 die Januarii; 3° Gulielmi et Mariæ.

Prayers.

Committees.

ORDERED, That all Committees be revived.

Martyn's Estate.

Mr. Christie reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for the Sale of the Manor of Manworthy, with its Appurtenances, in the County of Devon, being the Lands and Estate of Nicholas Martyn, Esquire, by Trustees herein named, for Payment of the Debts of the said Nicholas Martyn, was committed, That they had considered the Bill; and directed him to report the same to the House, without any Amendments. And he delivered the same in at the Table.

Molineux's Estate.

Mr. Harcourt reports from the Committee to whom the Examination and Consideration of the Petition of Wm. Molineux, Gentleman, was referred, That they had examined and considered the same accordingly; and found the Case to be, That Hugh Molineux, the Petitioner's elder Brother, being seised, under a Feoffment, dated the Tenth April, 19 Car. I^mi, of the Lands mentioned in the Petition, of an Estate in Tale Male the Remainder to Wm. the Petitioner in Tail Male, with like Remainders to Reginald and George, Two other of his younger Brothers; agreed with them by Articles, That in respect he had not paid them their Portions, as he ought to have done, to join with them all in a Conveyance of the Lands; wherein Hugh should make himself only Tenant for Life; with Power to charge the Estate with Two thousand Pounds for raising Portions for his younger Brothers and Sisters; the Remainder to his First, and so to his Tenth Son in Tail; the Remainder to the Petitioner for Life; the Remainder to his First, and so to his Tenth Son; with the like Remainder to Reig. and George successively: And for Default of such Issue, Remainder in Fee to his Six Sisters.

That this Agreement was confirmed by a Decree in Chancery, made by Consent of all the Brothers and Sisters, and therefore the Brothers are only Tenants for Life in Equity, and so will want an Act of Parliament to make good a Title to a Purchaser but had not That Agreement been made, a Recovery might have been.

That, since the Decree, Hugh is dead without Issue, the Land being never charged with the Two thousand Pounds, nor the Portions paid, except only to Reignald, according to the Decree, and the Consent of all Parties; and Wm. the Petitioner, became seised, on the Death of Hugh: Whereupon the Committee, having examined the Settlement, Decree, and Articles, came to a Resolution: The which Mr. Christieread in his Place; and afterwards delivered in the same at the Clerk's Table: Where the same being again read, is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That such a Bill as is desired by the Petitioner, is just and reasonable, and would be very serviceable to that whole Family:

And had directed Mr. Christie to move the House, That Leave might be given to bring in a Bill accordingly.

Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Burton's Estate.

Mr. Carter reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for the better enabling Sir Thomas Burton, Baronet, to sell Lands for Payment of Debts, was committed, That they had considered the Bill ; and had directed him to Report the same to the House without Amendments. And he delivered the same in at the Table.

Curtis Estate.

An ingrossed Bill from the Lords, intituled, An Act for the more speedy Payment of the Debts of Eliz. Curtis, Widow, late deceased, and Performance of an Agreement touching the same, made between Charles Curtis in his Life-time, and Edward Erle, according to a Decree in the High Court of Chancery, was read the First time.

Resolved, That the Bill be read a Second time.

Making Saltpetre.

Sir Matthew Andrewes reports from the Committee, to whom it was referred to prepare and bring in a Bill for the making Saltpetre here in England, and to whom the Consideration of the Petition of * * Goodall and Ralph Bucknall was referred, that they had considered the Petition, and prepared a Bill; which they had directed him to present to the House: And the same was received.

Cripps' Estate.

Mr. Brewer reports from the Committee to whom the Consideration of the Petition of * * Cripps was referred, That they had considered the same accordingly; and were of Opinion, that a Bill, as the Petitioner desired, was just and reasonable; and had directed him to move the House, That Leave might be given to bring in a Bill accordingly.

Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Judicial Proceedings in Ireland.

A Bill for continuing of judicial Proceedings in Ireland, which have been discontinued by reason of the late Troubles there, was read the First time.

Resolved, That the Bill be read a Second time.

Smith's Estate.

Mr. Christie reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act to enable Trustees to sell the Estate of Edward Smith, Esquire, deceased, to raise Money for the Payment of his Debts, and to make Provision for his Children, who are Infants, was committed, That they had considered the Bill; and had directed him to report the same, without any Amendments. And he delivered the same in at the Table.

Clandestine Mortgages.

A Bill to prevent Frauds by clandestine Mortgages, was read the Second time.

Resolved That the Bill be committed, upon the Debate of the House, to Mr. Brewer, Mr. Biddolph, Mr. Greenvile, Sir Tho. Darcy, Mr. Christie, Sir Jervas Elwes, Mr. Waller, Sir Tho. Moreton, Mr. Lloyd, Mr. Langton, Mr. England, Mr. Fuller, Sir Sam. Bernadiston, Mr. Blowfeild, Mr. Piggott, Sir Rob. Henley, Mr. Buscawen, Mr. Tredenham, Sir John Bowles, Mr. Henly, Sir Thom. Vernon, Mr. Freeman, Mr. Carter, Sir John Dorrell, Sir Jos. Tredenham, Mr. Hedger, Sir John Guise, Sir Tho. Haslerig, Mr. Slater, Sir Tho. Roberts, Mr. Hutcchinson, Sir Wm. Cooke, and all the Members that are of the Long Robe: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Clandestine trading to France.

A Petition of Edward Tilford, Mariner, was read; thereby setting forth, That divers Persons, known to the Petitioner, do hold Correspondence with France, and send over Lead, and other Commodities, thither; by which means the French King is supplied with Naval Stores: Which the Petitioner can make appear by French Passes and Letters, and by the Testimony of several credible Witnesses: And praying, That the Petitioner may be called in to the House, to prove the Allegations in relation to the Matters set forth in the said Petition.

Resolved, That the Examination and Consideration of the said Petition be referred to a Committee: And that they do report the same, with their Opinions therein, to the House, How the Matters complained of in the said Petition may be prevented for the future.

And it is referred unto Colonel Sackvile, Sir Robert Cotton, Sir John Moreton, Mr. England, Mr. Buscawen, Sir Tho. Haslerig, Major Vincent, Sir Edw. Hussey, Mr. Wildman, Sir Thomas Darcy, Sir Math. Andrewes, Sir Rob. Henley, Mr. Lutterell, Sir Sam. Bernardiston, Mr. Biddolph, Sir Tho. Roberts, Mr. Mitchell, Mr. Waller, Mr. Clerke, Mr. Fuller, Sir Cha. Wyndham, Sir John Bolles, Sir Thom. Vernon, Mr. Traverse, Colonel Kirby, Mr. Harley, Mr. Hutchinson, Mr. Arnold, Mr. Brockman, Mr. Dore, Mr. Burrard, Sir Cha. Carterett: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber: And they are impowered to send for Persons, Papers, and Records.

Amending Highways.

A Bill for the Repairing and Amending of the Highways, was read a Second time.

Resolved, That the Bill be committed, upon the Debate of the House, to Mr. Bowyer, Sir Thomas Haslerig, Mr. Clerke, Mr. Slater, Sir Edw. Hussey, Colonel Perry, Mr. Christie, Mr. Mannaton, Sir Rob. Henley, Mr. Chetwynd, Mr. Carter, Sir Tho. Pope Blunt, Mr. How, Sir Jos. Tredenham, Mr. Hunt, Sir John Bolles, Sir Cha. Bloys, Mr. Freeman, Sir Gilbert Clerke, Mr. Blowfeild, Sir Jacob Ashley, Mr. Mitton, Mr. Bickerstaffe, Mr. Onslow, Sir Walter Young, Sir Wm. Cooke, Mr. Lutterell, Sir John Carew, Mr. Thomson, Mr. Cooke, Sir John Guise, Sir Tho. Darcye, Mr. Bedding feild, Sir Jerv. Elwes, Mr. Arnold, Mr. England, Mr. Brewer, Mr. Foley, Sir John Brownlow, Mr. Henley, Mr. Goldwell, Mr. Speake, Mr. Langton, Mr. Greenfeild, Mr. Campion, Sir Wm. Lemon, Mr. Fuller, Mr. Ash, Mr. Beke, Sir Wm. Yorke, Mr. Vaughan, Mr. John How, Mr. Gilbert, Mr. Onslow, Mr. Tilney, Mr. Buscawen, Mr. Harris, Mr. Brownlow, Mr. Cary: And all that come are to have Voices: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Reducing Interest.

Ordered, That the Bill for Lessening of Interest of Money be read a Second time To-morrow Morning at Eleven a Clock.

Militia.

Ordered, That Leave be given to bring in a Bill for raising the Militia for the Year 1692, although the Month's Pay formerly advanced, be not repaid: And that Sir John Guise do prepare and bring in the same.

Punishing Mutiny and Desertion.

Mr. Attorney General, according to the Order of the Day, reports from the Committee of the whole House, to whom the Bill for Paying the Army according to the Musters of effective Men, and for better Paying of Quarters, and likewise for preventing false Musters, and punishing Mutineers and Deserters, was committed, That they had made several Amendments 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 afterwards a Second time, one by one; and, upon the Question severally put thereupon, several were agreed, and others disagreed unto: And some other Amendments made in the Chair.

A Clause was offered to the Bill: For obliging all Officers to accompt, upon Oath, with the Paymasters, before the First of May next, for all Disbursements by them made out of the Pay of the Soldiers, and Non Commission Officers for Cloathing; and, upon such Accompt made, shall pay to every such Soldier, within Six Days, what shall be due to him or them upon such Accompt.

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 added to the Bill; For obliging any Justice of the Peace, or any other chief Magistrate whatsoever, of any City, Town, or Borough, upon Request to him or them made, by any Commissary or Mustermaster, to be present at any such Muster, under the Penalty of Ten Pounds.

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

A Proviso was offered to be made Part of the Bill; That nothing in the Act contained shall be construed to extend to impeach, or take away, the Office of Comptroller of the Musters and Cheques of the Army, and Forces in Ireland; but that the same shall remain in the same Force, as if the Act had not been made. And the same was read the First time.

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

It passed in the Negative.

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

Lords desire a Conference.

A Message from the Lords, by Mr. Baron Turton and Mr. Baron Powell;

Mr. Speaker, The Lords do desire a present free Conference, in the Painted Chamber, upon the Subject Matter of the last free Conference.

And then the Messengers withdrew.

And the Question being put, That the House do agree to a present free Conference with the Lords, as the Lords do desire;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Resolved, That this House will return an Answer, by Messengers of their own, with all convenient Speed, to their Lordships.

And the Messengers being called in again; Mr. Speaker acquainted them, That this House had considered of the said Message; and would return an Answer, by Messengers of their own, with all convenient Speed, to their Lordships.

Resolved, That a Message be, To-morrow Morning, sent to the Lords, to acquaint their Lordships, That this House doth agree to a free Conference desired by their Lordships, upon the Subject Matter of the last free Conference.

Ordered, That the Lord Colchester do go to the Lords, To-morrow Morning, with the said Message.

Revenue and Civil List.

Mr. Vice Chamberlain acquainted the House, That he had a State of the Revenue, and a Computation of the Civil Lists contained in Three Papers, to lay before the House, according to their Order: And he delivered the same in at the Table. And they were received.

Ways and Means.

Resolved, That this House will, To-morrow Morning (after the Business touching the East India Company is over), resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supplies to be granted to their Majesties for the carrying on a vigorous War against France.

Duties on Spirits from Melasses.

Ordered, That Sir Robert Davers be added to the Committee to whom the Petition of the Refiners of Sugar is referred.

Hawkers and Pedlars.

Ordered, That all the Members of the Long Robe be added to the Committee to whom the Bill for Suppressing of Hawkers and Pedlars, is committed.

Punishment of Offenders.

Ordered, That Mr. Fuller be added to the Committee to whom the Bill for taking away Clergy from some Offenders, and bringing others to Punishment, is committed.

Settlement of the Poor.

Ordered, That Mr. Christie, Sir Tho. Darcye, Mr. Bowyer, Mr. Price, be added to the Committee to whom the Bill for the better Explaining of Two former Acts for the Settlement of the Poor . . . . . .

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