House of Commons Journal Volume 10: 10 December 1692

Sabbati, 10 die Decembris; 4° Willielmi et Mariæ.

Prayers.

Bayntun's Will.

A PETITION of Tho. Bayntun, and others, was read; setting forth, That Mr. Henry Bayntun, having, by reason of a Purchase by him made of Sir Edward Hungerford, and otherwise, mortgaged the Estate so purchased, and the Manors of Bremhill and Bromhall Bayntun, for Forty-two thousand Pounds; and being indebted to the Petitioners Twenty-two thousand Pounds, by Bonds, Judgments, &c.; in June 1691 made his Will; and devised the Estate, by him purchased of Sir Edward Hungerford, to Sir Edm. Warneford, and Walter Grubb, Esquire, to be sold, for Payment of his Debts; and devised the said Manors of Bremhill and Bromhall Bayntun to his Son John, subject the Payment of his Debts and Legacies: That the present Rents and Profits of the said Manors being not sufficient to pay the Interest of the said Mortgage Money, by One thousand Pounds per Annum, the same consisting in Reversions; which, if presently sold, may be sufficient to discharge the Debts, with a Surplus for the said John Bayntun; which, otherwise, will be swallowed up, and the Creditors unsatisfied: That the Petitioners exhibited their Bill in Chancery, to have a speedy Execution of the said Trust; which was decreed accordingly: And that Mr. Bayntun, on his Marriage with the Lady Ann Wilmott, having settled on her above Three thousand Pounds per Annum for a Jointure, and the Equity of Redemption of the said Manors of Bromhill and Bromhall Bayntun; and, Mr. Bayntun being an Infant, the Trust created by the Testator cannot be speedily performed: And praying Leave to bring in a Bill for the more speedy and effectual Execution of the said Trust.

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

Popham's Estate.

Mr. Gwyn, according to Order, presented to the House a Bill to enable Alexander Popham, Esquire, to settle a Jointure upon his Wife, and make Provision for younger Children, upon Receipt of Twelve thousand Pounds Portion, which is to be applied for Payment of his Debts. And it was received.

Ordered, That the Bill be read on Monday Morning next.

Butter and Cheese Trade.

A Message from the Lords, by Sir John Francklyn and Sir John Hoskins;

Mr. Speaker, The Lords have passed a Bill, intituled, An Act for preventing Abuses committed by the Searchers and Weighers of Butter and Cheese: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Supply.

Mr. Attorney General, according to the Order of the Day, reported from the Committee of the whole House, to whom it was referred to consider of the Supply to be granted to their Majesties, for the carrying on a vigorous War against France, the several Resolutions which they had agreed upon; and which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered them in at the Clerk's Table: Where the same were once read throughout; and are as followeth;

1. Resolved, That it is the Opinion of this Committee, That Twenty thousand Men, Part of the Number of the Land Forces mentioned in the List delivered in to the House, are necessary to be continued in England for the Year 1693, for the Security of this Kingdom.

2. Resolved, That it is the Opinion of this Committee, That Thirty-four thousand Five hundred and Sixty-two Men, other Part of the Land Forces according to the List delivered in to the House, are necessary for the Service of the Year 1693, to be employed abroad.

3. Resolved, That it is the Opinion of this Committee, That the Pay for the General of the Foot, and General of the Horse, for the Service of the Year 1693, be Six Pounds per diem each.

4. Resolved, That it is the Opinion of this Committee, That the Pay for Five Lieutenant Generals, for the Service of the Year 1693, be Four Pounds per diem each.

5. Resolved, That it is the Opinion of this Committee, That the Pay for Five Major Generals, for the Service of the Year 1693, be Forty Shillings per diem each.

6. Resolved, That it is the Opinion of this Committee, That the Pay for Ten Brigadiers, for the Service of the Year 1693, be Thirty Shillings per diem each.

7. Resolved, That it is the Opinion of this Committee, That the Pay for Two Adjutant Generals, for the Service of the Year 1693, be Twenty Shillings per diem each.

8. Resolved, That it is the Opinion of this Committee, That the Pay for the Quarter Master General, for the Service of the Year 1693, be Twenty Shillings per diem; and, for his Two Assistants, Ten Shillings per diem each.

9. Resolved, That it is the Opinion of this Committee, That the Pay for the Paymaster General for the Service of the Year 1693, be Twenty Shillings per diem.

10. Resolved, That it is the Opinion of this Committee, That the Pay for the Commissary General of the Musters, for the Service of the Year 1693, for himself and Deputies, be Seven Pounds Nine Shillings and Four-pence per diem.

11. Resolved, That it is the Opinion of this Committee, That the Pay for the Judge Advocate, for himself and Deputies, for the Service of the Year 1693, be One Pound Twelve Shillings and Six-pence per diem.

12. Resolved, That it is the Opinion of this Committee, That the Pay for the Secretary at War, for the Service of the Year 1693, be Twenty Shillings per diem.

13. Resolved, That it is the Opinion of this Committee, That the Pay for the Physician General, for the Service of the Year 1693, be Ten Shillings per diem.

14. Resolved, That it is the Opinion of this Committee, That the Pay for the Surgeon General, for the Service of the Year 1693, be Ten Shillings per diem.

15. Resolved, That it is the Opinion of this Committee, That the Pay for the Apothecary General, for the Service of the Year 1693, be Ten Shillings per diem.

16. Resolved, That it is the Opinion of this Committee, That the Pay for the Provost Marshal, for the Service of the Year 1693, be Eight Shillings per diem for himself; and, for Twenty-four Men, Three Shillings per diem each.

17. Resolved, That it is the Opinion of this Committee, That the Sum of Two hundred and Ten thousand Seven hundred and Seventy-three Pounds Four Shillings and Five-pence be the extraordinary Charge of the Office of Ordnance, in relation to the Land Service for the Year 1693.

18. Resolved, That it is the Opinion of this Committee, That the Sum of Two hundred thousand Pounds be allowed for the Transport Service for the Year 1693; and, if the whole Sum be not employed in that Year's Service, the Remainder to be applied towards discharging the Debts now owing for Transport Service.

19. Resolved, That it is the Opinion of this Committee, That the Sum of Two hundred thousand Pounds be allowed for Hospitals, Contingencies, and other extraordinary Charges of the War for the Year 1693.

20. Resolved, That it is the Opinion of this Committee, That the Pay of the General Officers of the Danes, for the Service of the Year 1693, be the Sum of Two thousand Seven hundred and Thirty-seven Pounds Ten Shillings.

21. Resolved, That it is the Opinion of this Committee, That the Pay for Horse, Dragoons, and Foot (according to the List delivered in to the House), for the Service of the Year 1693, be the Sum of One Million Four hundred Forty-eight thousand Seven hundred and Thirty-two Pounds Six Shillings and Seven-pence.

And the said Resolutions, being read a Second time, one by one, were, upon the Question severally put thereupon, agreed unto by the House.

Mr. Attorney General also acquainted the House, That he was directed by the said Committee to move, That the Committee may have Leave to sit again.

Resolved, That this House do immediately resolve itself into a Committee of the whole House, to consider farther of the Supply to be granted to their Majesties, for the carrying on a vigorous War against France.

And the House resolved into a Committee of the whole House accordingly.

Mr. Speaker left the Chair.

Mr. Attorney General took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Attorney General reported from the said Committee, That they had agreed upon a Resolution; 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 was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That a Sum, not exceeding Two Millions Ninety thousand Five hundred Sixty-three Pounds Nineteen Shillings and Six-pence, be granted to their Majesties, for the Charge of the Land Forces for the Service of the Year 1693, including the extraordinary Charge of the Office of Ordnance, in relation to the Land Service and the Charge of the Transports, Hospitals, Contingencies, and other extraordinary Charges of the War.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That a Sum, not exceeding Two Millions Ninety thousand Five hundred Sixtythree Pounds Nineteen Shillings and Six-pence, be granted to their Majesties for the Charge of the Land Forces for the Service of the Year 1693, including the extraordinary Charge of the Office of Ordnance, in relation to the Land Service, and the Charge of the Transports, Hospitals, Contingencies, and other extraordinary Charges of the War.

Resolved, That this House will, upon Tuesday Morning next, at Eleven a Clock, resolve itself into a Committee of the whole House, to consider of Ways and Means for raising the Supply to be granted to their Majesties, for the carrying on a vigorous War against France.

Bridgwater Election.

Mr. Serjeant Trenchard, according to the Order of the Day, reported from the Committee of Elections and Privileges, to whom the Matter touching the Election for the Borough of Bridgwater in the County of Somersett, was referred, the Matter, as it appeared to the said Committee: The which he read in his Place; and afterwards delivered in at the Clerk's Table, in Writing: Where the same was read; and is as followeth; viz.

Upon the Petition of Mr. John Gardner, complaining of an undue Return of Robert Balch, Esquire, to serve for the Borough of Bridgewater in the County of Somersett;

That the Right of Election was agreed to be in such Persons as paid Scot and Lot, inhabiting within the said Borough.

But, at the End of the Poll taken by the Petitioner's Clerk, there were Seven Voices put down; which (though not allowed by the Mayor, Mr. Gardner insisted) were qualified to vote; Six of which voted for him; and would make the Numbers thus; viz.

That Mr. Gardner first proceeded to disqualify some of Mr. Balch's Voters; and first excepted to John Trott, as not in the Poor's Book: But it was proved, by Mr. Hoar, that he had, before the Election, married one Robert's Widow, who was in the Poors Book, and had an Estate.

In the next Place, Mr. Gardner excepted to John Webber; and produced the Outlawry Book; whereby it appeared he stood outlawed by Mesne Process, at the Suit of Dorothy Crosse, for Two hundred Pounds Debt, ever since Trinity Term 2° Jac. II^di: But it was said the Debt was paid, and was pardoned, by the general Pardon.

That Mr. William Coleman said, That William Symonds, that polled for Mr. Balch, was rated only for an Estate that was his Sister's; and ordered, by the Mayor, to be struck out: But

That Mr. Bicknell said, That he was possessed lately of an Estate by an Administration of the Goods of one Robert Symonds, deceased.

That Mr. Coleman said, That Edmond Raymond, another of Mr. Balch's Voters, had no Estate; and was ordered, by the Mayor, to be struck out of the Poll.

On the other Side, Edmond Raymond was shewed to be in the Poors Book: And Mr. Hoar said, That he did live within the Confines of the ancient Borough, and had an Estate within the Corporation, and was rated to the Poor of the Parish of the Borough.

Exception was also taken to John Offield junior, who voted for Mr. Balch, as having personated his Father: But it appeared, by the Testimony of Mr. Hoar, That he had the Estate, and not his Father.

That Mr. Chance said, he had promised Mr. Gardner to vote for him; but, Mr. Gardner owing him some Money for a Reckoning, Mr. Popham, an Agent for Mr. Balch, engaged to see him paid, and so prevailed with him to vote for Mr. Balch.

On the other Side;

That Mr. Popham testified, That he was at Chance's House; and asked him, if he was engaged for Mr. Gardner; and that he told him, he was not; but that Mr. Gardner's People had drank Four Pounds Fifteen Shillings; and he was afraid he should lose his Money; and that he only told him, that Mr. Gardner and his People were liable to pay it; and he would assist him in the Getting of it.

Mr. Hoar testified the same; and that Chance had ordered an Attorney to recover the Debt.

That Pym said, He had a Vote; but that he met Joseph Denham, who would not let him alone, till he came to Mr. Balch's; and Mr. Balch promised, that he should be struck out of the Poors Book, if he staid; and that he would give him a Life in his Tenement; otherwise he had gone and voted for Mr. Gardner: But

That Denham said, That he met Pym in the Street; and that he told him, he was willing to vote for Mr. Balch; and desired he might be secured from the Importunity of Mr. Gardner's People; and thereupon he carried him to Mr. Balch's House; but he was under no Restraint: And Mr. Popham testified also to that Effect; and that, at the Time of the Election his Tenement was full-staved.

Then the Petitioner proceeded to make good the Votes refused by the Mayor.

And it appeared, That Mr. John Glasse, that voted for Mr. Gardner, and was so refused, had Two Tenements in the Town: That he paid King's Taxes; but could not say, that he paid to Church and Poor; was about Twenty-two Years of Age, an Apprentice, and lived with his Sister.

That Mr. Coleman also said, That William Alloway anotherof Mr. Gardner's refused Voters, was a great Merchant in the Borough, and paid all other Taxes; but could not say, that he paid to Church and Poor: But, as to that,

Mr. Hoar, for the Petitioner, answered, and said, That one Gatcomb, that voted for Mr. Balch, was under the same Circumstances with Alloway; and both waved by Consent.

That Mr. Coleman said, That though John Mills, another of Mr. Gardner's refused Voters, was not upon the Poors Rate, yet he kept a Shop, and drove a Trade, and had a House of Freehold:

And further, That Thomas Luffe, since deceased, had an Estate of Five Pounds or Six Pounds a Year, and paid to all other Taxes but Church and Poor: But, to that,

That Mr. Hoare answered, That Luffe was a poor Man, and attended the Masons to get a Livelihood, notwithstanding his Freehold: And that John Mills was under Age.

That Mr. Coleman said, That Samuell Stroud, another of Mr. Gardner's refused Voters, was upon the Poors Rates.

That Mr. Hoar answered, That, at the time of the Election, he declared, That, though he was upon the Poors Rate, he had not paid for Three Years before: And that he received * of the Parish Anno 1689: And that he owned, that he had sold his Estate to one Thomas Christopher Three Years before.

That Mr. Coleman said further, That Char. Bell, the Day before the Election, married Elizabeth Seward who was upon the Poors Rate. As to that,

That Mr. Bicknell said, He had been to inquire touching the Marriage: And that the Minister told him, He knew what he came for; and he should not see the Book till his Clerk had done something to it.

For the Sitting Member was also called

Richard Stradling: Who said, He was at the Election, and had promised Mr. Balch; but had seven or Eight Messengers from Mr. Gardner: And that Mr. Gardner had sent him, by Mr. Coleman, One Shilling, and One Shilling and Six-pence for a Brace of Birds; and had promised him, that he should make his Biscuit; and kept him locked up.

Bridgwater Election.

That Rich. Drake said, That he heard Organ, one of Mr. Gardner's Voters declare, he could have Five Pounds of Mr. Gardner: And that he heard Mr. Gardner promise him Money.

That * Baker said, That Mr. Gardner, after Mr. Balch's Election was over, gave one Mr. Wogy a Guinea, and desired him to spend it amongst his Friends; and said, If there was another Election, he hoped he would vote for him.

That Nath. Gilpin said, Lawrence Bryan had promised to vote for Mr. Balch; but was taken off by Mr. Gardner's promising to take his eldest Son.

That Wm. Manchepp Pleyar and Mills told him, they voted for Mr. Gardner; because he had promised to bring their Brothers from beyond Sea.

That Mr. Hoar said, That Tremaine (one of Mr. Gardner's Voters) his Sister owned the House was her's, and paid all Taxes.

That Horier, another of his Voters, had no Estate: But

That Mr. Palmer said, he was a Butcher, and had a good Trade, and was liable to be rated for That.

And that, upon the whole Matter, the Committee came to a Resolution: Which Mr. Serjeant Trenchard read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That Robert Balch, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Bridgwater in the County of Somersett.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Robert Balch, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Bridgwater in the County of Somersett.

Privilege.

Mr. Serjeant Trenchard also reported from the said Committee to whom the Matter upon the Complaint of the Breach of Privilege against Francis Lloyd, Esquire, a Member of this House, was referred, the Matter, as it appeared to the Committee: The which he read in his Place; and afterwards delivered in at the Clerk's Table, in Writing: Where the same was read; and is as followeth; viz.

Upon Examination of the Matter of the Complaint of a Breach of Privilege committed by Daniell Price and Henry Williams, in arresting Roderick Powell, a Servant of Francis Lloyd, Esquire;

That Mr. Lloyd, produced one William Williams, his Servant: Who said, he knew Roderick Powell to be Mr. Lloyd's Servant; and that he received his Rents, set his Lands, and disposed of his Cattle.

And, being cross-examined by the Petitioners, did say, That Roderick Powell lived at Kilmurrary in the County of Brecon, which is Twenty Miles distance from Ludlow, Mr. Lloyd's usual Residence: He said, Mr. Lloyd had another Servant, one Ambrose Williams, to look after his Estate, which lies the next Parish to Kilmurray; but, the said Williams not being able to write or read, Roderick Powell was to act there for him also, and assisted Williams, and received of Mr. Lloyd Four Pounds a Year; viz. Forty Shillings a Year for looking after the Estate of Mr. Lloyd, and Forty Shillings a Year for looking after the Estate of Mr. Price.

It was also said, That Roderick Powell was, by the Will of Rice Price, made Trustee for an Estate, which he died seised and possessed of at Kilmurray: And they produced the Will of Rice Price, whereby he was so made Trustee, and was appointed to have Five Pounds a Year Salary, and his Diet at Kilmurray: And it was further said, That the said Roderick Powell was sued for Goods received by the said Powell of the Petitioner Price, for the Interment of the said Rice Price: And that Powell had assigned his Trust to Mr. Lloyd.

The Petitioners insisted, That Roderick Powell could not be presumed to be Mr. Lloyd's Servant, living at that Distance from his Mansion-house: and Henry Williams endeavoured to excuse himself, as being Under Sheriff, and bound to execute the King's Process; and produced the Capias ad satisfaciend', whereby Powell was taken in Execution.

On the other Side;

It was proved by the said William Williams, That he was sent by Mr. Lloyd his Master to acquaint the Petitioners Price and Williams, That Roderick Powell was his Servant; and to desire them that they would discharge him, which they refused to do.

That thereupon the Committee came to the Resolution following; viz.

Resolved, That it is the Opinion of this Committee, That Daniell Price and Henry Williams, in arresting Roderick Powell, a Servant of Francis Lloyd, Esquire, a Member of the House of Commons, during the Time. . Privilege of Parliament, are guilty of a Breach of Privilege of the House.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Daniell Price and Henry Williams, in arresting Roderick Powell, a Servant of Francis Lloyd, Esquire, a Member of this House, during the Time of Privilege of Parliament, are guilty of a Breach of Privilege of the House.

East India Trade.

Mr. Smith, according to the Order of the Day, reported from the Committee of the whole House, to whom it was referred to consider of Heads for a Bill for preserving, regulating, and establishing the East India Trade, the Resolutions of the said Committee; which they had agreed upon; and had directed him to report to the House: The which he read in his Place; and afterwards, delivered in at the Clerk's Table: Where the same were once read throughout; and are as followeth; viz.

1. Resolved, That it is the Opinion of this Committee, That the East India Trade be carried on by a Joint Stock.

2. Resolved, That it is the Opinion of this Committee, That a Sum, not less than One Million Five hundred thousand Pounds, and not exceeding Two Millions, is a Fund necessary to carry on the East India Trade.

3. Resolved, That it is the Opinion of this Committee, That the Joint Stock of a Company to trade to the East Indies be for Twenty-one Years, and no longer.

4. Resolved, That it is the Opinion of this Committee, That the Joint Stock of a Company to trade to the East Indies be made by new Subscriptions.

5. Resolved, That no one Person shall subscribe less than One hundred Pounds, or above Ten thousand Pounds, to the Joint Stock of a Company to trade to the East Indies: And the Persons so subscribing shall pay down One Third Part of the Sum subscribed, at the Time of such Subscription.

6. Resolved, That every Person, having a Stock of Five hundred Pounds in the Company to trade to the East Indies, have one Vote.

7. Resolved, That no Person, whatsoever his Stock be, shall have above one Vote.

8. Resolved, That it is the Opinion of this Committee, That no Person shall be elected to be Governor of the Company to trade to the East Indies, who shall have less than Five thousand Pounds in the Stock of such Company.

9. Resolved, That it is the Opinion of this Committee, That no Person shall be elected Deputy Governor, or of the Committee of the Company to trade to the East Indies, who shall have less than One thousand Pounds in the Stock of such Company.

10. Resolved, That it is the Opinion of this Committee, That the Company to trade to the East Indies shall be obliged to export every Year, in their Trade, Goods being of the Growth and Manufacture of this Nation, to the Value of One hundred thousand Pounds, at least.

11. Resolved, That it is the Opinion of this Committee, That no private Contracts shall be made; but all Goods be sold at publick Sales, by Inch of Candle, for the Use of the Company, except Saltpetre for the Use of the Crown.

12. Resolved, That it is the Opinion of this Committee, That the Company be obliged to sell the King yearly Five hundred Ton of Saltpetre refined (the Refraction not to exceed Five Pounds per Cent. out of One hundred and Twelve Pounds), at Thirty-five Pounds per Ton.

13. Resolved, That it is the Opinion of this Committee, That no Foreigner shall have any Interest in the Stock, or shall be employed in the Company's Service abroad.

14. Resolved, That it is the Opinion of this Committee, That no Contract for transferring any Stock in the East India Company, which is not executed within One Week, shall be good in Law; nor unless the Person contracting had then so much Stock in the Company, in his own Name, as he shall contract for.

15. Resolved, That it is the Opinion of this Committee, That no Lot, exceeding Five hundred Pounds, shall be put up at One time, except Jewels.

16. Resolved, That it is the Opinion of this Committee, That all Dividends shall be made in Money; and that none be made, without leaving the original Stock entire.

The said Resolutions, being severally read a Second time, one by one, were upon the Question severally put thereupon, agreed unto by the House.

Mr. Smith also acquainted the House, That he was directed by the said Committee to move the House, That a Bill may be brought in, upon the said Resolutions.

Ordered, That the Bill be brought in, upon the said Resolutions: And that Mr. Smith do prepare and bring in the same.

Preservation of their Majesties.

Mr. Solicitor General, according to Order, presented to the House a Bill for the better Preservation of their Majesties Sacred Persons and Government.

The Bill was read the First time.

Ordered, That the Bill be read a Second time upon Wednesday Morning next, at Eleven a Clock.

Obtaining Seamen, &c.

Ordered, That the Lord Hyde, Mr. Boyle, Mr. Butler, be added to the Committee to whom the several Bills for furnishing and raising Seamen for their Majesties Navy, and Merchants Ships, was committed.

Convex Lights.

Ordered, That Mr. Boyle and Mr. Bowyer, be added to the Committee to whom the Bill for granting a further Term of Years to the Partners concerned in the Convex Lights, was committed.

Importing Silk.

Ordered, That Sir Jos. Herne and Mr. Bowyer, be added to the Committee to whom the Bill for the Importation of fine Italian, Sicilian, and Naples Thrown Silk over Land, was committed.

Manner of presenting Bills, Petititions, &c.

Ordered, That every Member, presenting any Bill or Petition to this House, do go, from his Place, down to the Bar of the House, and bring the same up from thence to the Table.

Order for care of a Madman.

Ordered, That John Thomas, a Madman, who this Day pressed into the House, be sent to Sir William Turner, President of Bridewell and Bedlam Hospitals: Who is desired to take care that he be put into Bedlam.

And then the House adjourned till Monday Morning, Nine a Clock.