House of Commons Journal Volume 11: 5 March 1694

Lunæ, 5 die Martii;

6° Gulielmi et Mariæ

Prayers.

Cavendish's Estate.

ORDERED, That the ingrossed Bill, from the Lords, intituled, An Act for increasing the present Maintenance of the Honourable Henry Cavendish; and for providing a Jointure for such Woman as he shall marry during the Life of his Father, the Earl of Devonshire; be read the Second time To-morrow Morning.

St. John of Wapping Parish.

A Petition of Philadelphia Lady Wentworth was presented to the House, and read; setting forth, That the Petitioner hath the perpetual Advowson and Presentation to the Churches of Stepney and Whitechapel: That there is now in the House depending a Bill for the Endowment of a Chapel at Wapping, and making of it Parochial, and distinct from the Parish of Whitechapel; by which the Petitioner will lose the Presentation to that intended Parish-Church, to her great Damage: And praving to be heard by her Counsel, touching her Right to the said Presentation.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed:

And that Mr. Bosawen, Mr. Thornhaugh, Mr. Waller, Mr. Gwyn, Mr. Fuller, Mr. Bockenham, Mr. Proby, Mr. Pigott, Mr. England, Mr. Sanford, Mr. Dyot, Mr. Speke, be added to the said Committee.

Tower Hamlets Militia.

Ordered, That Leave be given to bring in a Bill for the better settling and regulating the Militia within the Tower Hamlets: And that Sir Thomas Littleton do prepare, and bring in, the same.

Whitehall's Estate.

An ingrossed Bill, from the Lords, intituled, An Act to enable John Whitehall to charge certain Lands with the Sum of Fifteen hundred Pounds, towards Portions for his younger Children, was read the Third time.

Resolved, That the Bill do pass.

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

Poor Relief.

A Bill for the better Provision for the Poor, and setting them on Work, was read the First time.

Resolved, That the Bill be read a Second time.

Privilege-Persons reprimanded and discharged.

Richard Armstrong, Edward Butland, William Sanderson, Edward Devon, and Richard Shelito, were, according to Order, brought to the Bar: Where they, upon their Knees, received a Reprimand from Mr. Speaker.

Ordered, That the said Richard Armstrong, Edward Butland, William Sanderson, Edward Devon, and Richard Shelito, be discharged out of Custody of the Serjeant at Arms, without paying Fees.

A Person discharged from Attendance.

The House being informed, That Lieutenant Barrow attended according to Order;

Ordered, That the said Lieutenant Barrow be discharged from his further Attendance.

Ways and Means.

Sir Thomas Littleton, according to the Order of the Day, reported, from the Committee of the whole House, to whom it was referred to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and Land-Forces, for the Service of the Year 1694, the Resolutions of the said Committee: The which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That a Fund of One hundred and Forty thousand Pounds per Annum be vested in their Majesties, their Heirs and Successors, for raising the Sum of Fifteen hundred thousand Pounds.

Resolved, That it is the Opinion of this Committee, That the Duties resolved by the House to be laid upon Leather and Soap, be the said Fund of One hundred and Forty thousand Pounds per Annum, until the Monies charged upon the Duties of Excise, granted by an Act made in the Second Year of their Majesties Reign, intituled, An Act for granting to their Majesties several additional Duties upon Beer, Ale, and other Liquors, for Four Years, from the time that an Act for doubling the Duty of Excise upon Beer, Ale, and other Liquors, during the Space of One Year, doth expire, shall be satisfied.

Resolved, That it is the Opinion of this Committee, That, after the Money so charged shall be satisfied, a Moiety of the said Duties of Excise upon Beer, Ale, and other Liquors, be granted and continued to their Majesties.

Resolved, That it is the Opinion of this Committee, That of the Fund for One hundred and Forty thousand Pounds per Annum, for the Raising of Fifteen hundred thousand Pounds, the Sum of One hundred thousand Pounds per Annum be set apart, for recompensing such Persons as shall advance the Sum of Twelve hundred thousand Pounds, redeemable by Parliament.

Resolved, That it is the Opinion of this Committee, That the remaining Forty thousand Pounds per Annum, of the said Fund, be set apart for recompensing such Persons as shall advance the Sum of Three hundred thousand Pounds, at Fourteen Pounds per Cent. per Annum, for One Life; or Ten Pounds per Cent. per Annum, for Three Lives.

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

The last Resolution being read a Second time;

An Amendment was proposed to be made, by adding after "Life," "or Twelve Pounds per Cent. per Annum for "Two Lives."

And the same was, upon the Question put thereupon, agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolution so amended, That the remaining Forty thousand Pounds per Annum, of the said Fund, be set apart for recompensing such Persons as shall advance the Sum of Three hundred thousand Pounds, at Fourteen Pounds per Centum per Annum, for One Life; or Twelve Pounds per Cent. per Annum, for Two Lives; or Ten Pounds per Cent. per Annum, for Three Lives.

Resolved, That the said Resolutions be Instructions to Mr. Solicitor-General, who is directed to prepare, and bring in, the Bills for the Duties upon Leather and Soap.

Pressing Men for Land Service.

Mr. Hungerford reported, That Colonel Perry and himself had, according to Order, been at the Houses of Robert Davyes Deputy Provost-Marshal; and Michael Tooley, and taken the Examinations of the Persons in Custody there: The which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read.

By which it appeared, That several Persons were inveigled, and trepanned, and impressed, against their free Consent, for Land-Service; and are confined, and kept Prisoners, in the said Houses, against their Wills; and are as follow; viz.

An Account of the Examination of the Persons now remaining in Mr. Davye's, the Deputy-Provost Marshal's House; and in Mr. Toolye's House, in Holborn.

An Account of the Persons in Mr. Davye's House.

There are in this House Fifteen Persons intended for Land-Service; whereof Five listed themselves freely, and are still willing to serve: viz. John Tompson, James Altus, William Bradshaw, Richard Baily, and * Brunean, a Frenchman; and one Idiot, viz. Jacob Gerard, not sit for Service.

Benjamin Cox, bred a Shoemaker; received One Shilling of Impress-Money freely, but was promised more; and, in order to receive it, was directed to follow the Person that entertained him; and was by him conducted to this, Mr. Davye's House, and confined there.

John Meakin; was made drunk at Braintry in Essex: and he, and Eight more, received Impress-Money; and were brought and put into Finsbury Prison; and were first intended for the Service of one Lee; but, being removed from that Prison to Mr. Davye's House, he is now intended for the Service of Captain Devon.

William Jackson; received One Shilling Impress-Money freely, and was promised more; and; in Prospect of it, was deluded into this House; but, having been at Sea, he had rather serve the King by Sea than Land.

Daniel Hamlin; now an Apprentice to one Pikeman, at the Cock in Holborn; he was drunk, and prevailed upon to receive One Shilling Impress-Money; and was told, he should go to the King's-Head in the Hay-Market, and that he should be there furnished with a Horse and Cloaths; but was brought to Mr. Davye's House, and there confined: He hath lost the Use of one of his Hands; and is not fit for Service.

Edward Deering, was bred a Clerk to an Attorney; he hath an Estate of 120 l. per Annum, near Arundell in Sus

Pressing Men for Land Service.

sex; was drunk when he was prevailed upon to take One Shilling Impress-Money: He hath sent to his Friends for Money; and hopes to be released.

There are likewise Five Deserters kept in Mr. Davye's House; but he could shew no Warrant for their Commitment.

An Account of the Persons confined in Mr. Toolye's House in Holborn.

There are in this House 34 Persons; whereof Eight listed themselves freely; viz. Edward Stubbs, Henry Campion, William Allen, William Harding, William Bugbeard, William Perry, Thomas Jones, and Joseph Smart; and are willing to serve.

William Bristow saith, He came from Windsor Yesterday; and, standing in the Street, a young Fellow, whom he doth not know, trepanned him into Toolye's House, gave him Drink, and would have put Money into his Hand, which he let drop to the Ground; then he put it into his Pocket, and carried him up-stairs in the said House; where he remains in Custody, against his Will: And prays to be set at Liberty.

Richard Johnson faith, He was invited by one John Gerrard, his Acquaintance, to take a Walk, who carried him to an Alehouse; where came to him a Person, who pretended to be a Cornet of Horse, who threw down 2s. with which Money he paid the Reckoning; trepanned him to Toolye's House, and left him there in Custody on Sunday was Fortnight; where he is detained against his Will: And prays to be set at Liberty.

Thomas Symonds; was entertained by a Soldier to drink, who afterwards gave him 1s. and brought him to Toolye's House; promised to list him in a Company of the King's Guards: Hath been kept in Prison since Monday Sevennight: And prays to be discharged.

Christopher Andrews; listed himself at Stamford; was promised he should serve in the Queen's Guards: Hath been kept a Prisoner there a Fortnight: And prays to be discharged.

Edward Conder; listed himself at Peterborough, when in Drink; was promised to be a Drummer: Captain Wilson committed him a Month since; and, being unfit for the Service, assigned him to Tooley, to sell and dispose of him as he thinks fit: He prays he may be discharged.

John Hethrington; was promised by Serjeant Hesslip to have a Horse, and 7s. per Week; gave him 5s. and put him into this Place: He is a Salesman; and can live well on his Trade: And prays to be discharged.

John Webb saith, He listed himself voluntarily: His Officer put him into prison 26th January and never came at him since: His Consinement hath made him sick: And prays to be discharged.

George Wallis; lifted himself about a Month since, with an Intent to go into the Marine Regiment, which was promised him; and he is willing to go to Sea.

Thomas Butler; listed himself Six Weeks before Christmas: Is willing to serve the King; but complains of hard Usage, being confined.

Bryan Riley; happened to be in a Quarrel at Whitechapel; was kept Five Weeks in the Hole in the Tower; after that sent to his Quarters; and on Tuesday last sent to Toolye's, by Order of Lieutenant-Colonel Ormsby; knows not for what Cause, except his Officer fears his Desertion, when he intends to send his Men for Flanders.

John Feild, under the same Circumstances with Ryley: Both willing to serve the King: But pray they may be put under another Officer.

Roger Webster; fell sick when his Company marched: was sent to prison Tuesday last; he believes, for Fear the Officer hath of his running away: Is willing to serve the King.

Abraham Broome; listed himself freely, upon the 25th of January last; and hath been kept ever since in Prison.

William Lock saith, He went into the Country; and was Three times absent from his Duty; but took care with the Corporal to hire another Man in his Place: Hath been Five Weeks in Prison; and is promised his Discharge if he can raise 10 l.

John Harrison; was first pressed by Two Seamen; but for 2s. they let him go; then one Cookson, a Soldier, met with him, and told him he would help him to be of the King's Guards, where he should be well paid, and appear only on Muster-Days; but he brought him to Toolye's House, where one Sutton, one of Toolye's Servants, gave him 1s. and one Smart, another of his Servants, took it away again: Tooley hath offered him to several Captains; particularly Yesterday he disposed of him to a Captain, who, upon View of Harrison, did not like him; and thereupon Tooley returned the Money.

Thomas Hartshorne, a Labouring-man, was pressed by the Constable of St. James's, and carried to the Tower; but was offered to be released for 5s.; afterwards one Fish gave him 1s. and brought him to Toolye's, who offered to let him go for One Guinea.

Robert Bourke; came from Ireland as a Servant to one Oxberry; was met on Saturday last by Two Soldiers, and brought in a Coach to Toolye's House; who hath since offered to let him go, if he would pay for his Diet: He refused to receive any Impress-Money.

James Hutton; was taken by Two Beadles of St. Anne's Parish, and forced into a House near St. Giles's, where he was locked up in a Room for Two Hours; and then an Officer came, and made him drunk, and forced him to take 1s.; and afterwards sent him to Tooley's, where he had his Money taken from him.

Leonard Withers, a Joiner; was in Drink; and was told by Captain Mitchell's Servant, he wanting Employment, That he would help him to a Master; and brought him where a Corporal was, who put 1s. in his Hand, which he refused to accept, and threw it away; but was told, That, having handled it, it was enough; and so brought him to Toolye's: But the Man that forced the Shilling upon him offered to let him go for 40s.

John Bayly, a Pipe-maker; was in Company with a Soldier at an Ale-house in Queenstreet, where a Corporal was, who forced him to take a Shilling, and brought him to Toolye's.

Thomas Jones; was listed to go into the King's Guards, received 2s. 6d.; but was sent to Toolye's.

Morgan Glim; was told by Two Men at a Cook's, That they would help him to be a Gentleman's Groom; was made drunk, and then forced to take 1s.; and afterwards sent to Toolye's.

Samuel Evans, a Welshman; speaks very little English; hath an Estate of 30 l. per Annum in Merionethshire; and pays 7 l. per Annum King's Taxes; was made drunk, and threatened by the Constable of St. Anne's, That if he did not take 1s. Impress-Money, they would carry him to the Tower; and then he was brought to Toolye's: He hath a Wife big with Child, and Two Children; and came to London upon a Law-suit.

There are Three Englishmen and one Dutchman sick in Bed.

All the aforesaid Persons in Toolye's House complain, They are closely confined, and not permitted the Liberty of the House; That they can have as much Provision for Three-pence a Day as is allowed them there for Sixpence a Day; That they are almost eaten up alive with Vermin, and in Danger of their Lives: Had rather be shot to Death, than continued in that miserable Prison.

27 February 1693. On Tuesday, before we could come to take these Examinations, Forty-seven Persons were delivered out of Toolye's House to several Officers, and Two Persons discharged.

John Perry,

John Hungerford.

Ordered, That Colonel Perry and Mr. Hungerford do go to the respective Houses of the said Davyes and Tooley, and discharge such Persons out of Custody there, as appears to be inveigled, trepanned, or impressed, against their Consent, except Deserters.

Petition from Tooley.

A Petition of Michaell Tooley was presented to the House.

Ordered, That the said Petition do lie upon the Table.

Exporting Iron, Coper, &c.

A Petition of the Braziers and Founders of England, was presented to the House, and read; setting forth, That there being a Bill now depending in the House, for the Exportation of Iron, Copper, and Bell-Metal, contrary to several Statutes which prohibit the same; the same, if it should pass into a Law will. be very pernicious to their Majesties in particular, and to most of their Subjects: And praying, That they may be heard by their Counsel before the passing of the said Bill.

Resolved, That the said Petition be rejected.

Punishing Mutiny and Desertion.

The House proceeded to take into Consideration the Amendments, made by the Lords, to the Bill for continuing the Act for punishing of Officers and Soldiers who shall mutiny, or desert their Majesty's Service; and for punishing false Musters; and for the Payment of Quarters; for One Year longer:

And the same were read, and are as follow; viz.

1 Skin, 18 L. Leave out "of."

2 Skins, 12 L. instead of "of," read "or Petty Constable in."

14 L. after "Constable," add "or Constable."

31 . . . . after "Constable," add "or Petty Constable."

At the End of the Bill, add the Proviso marked A; viz.

"Provided always, That in case any Officer in the Army, Paymaster, Agent, or Clerk of any Regiment, Troop, or Company, shall be informed against, sued, or prosecuted, before any Court-Martial in England or Ireland, for detaining the Pay of any inferior Officer or private Soldier, after Receipt thereof, longer than during the Times in the said recited Act limited, expressed, or mentioned, for that Purpose; and that such Officer, Paymaster, Agent, or Clerk, shall be acquitted of the same, by the Sentence of the said Courts-Martial respectively; that then, it shall and may be lawful to and for such inferior Officer, or private Soldier, to appeal from such Acquittal unto their Majesties Privy-Council in England or Ireland, respectively; who shall have full Power and Authority to revise the said Sentence of Acquittal, and examine the whole Matter, upon Oath; and if the said Privy-Council shall think fit to reverse the said Sentence, that then, such Officer, Paymaster, Agent, or Clerk, shall incur and undergo, and be subject and liable to, the Forfeitures and Disabilities in the said recited Act mentioned, as fully, to all Intents and Purposes, as if such Officer, Paymaster, Agent, or Clerk, had been convicted of the said Offences before the Court-Martial; the said Forfeitures to be raised, and disposed, according to the said Act, by Order of the said Privy-Councils, respectively; and the Informer, if a Soldier, to have the Benefit of being discharged, as by the said Act is allowed;"

The First Amendment, being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

The Second Amendment being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment;

The House divided.

The Yeas go forth.

So it passed in the Negative.

The 3d, 4th, 5th, and last Amendments being severally read a Second time; the same were, upon the Question severally put thereupon, disagreed unto by the House.

Resolved, That a Committee be appointed to prepare Reasons, to be offered to the Lords at a Conference, for disagreeing to the said Amendments.

And it is referred unto Sir Edward Seymour, Mr. Smith, Sir Tho. Clarges, Mr. Boyle, Colonel Granvile, Colonel Earle, Lord Cutts, Mr. Harley, Sir El. Harvey, Sir Chr. Musgrave, Lord Colchester, Mr. Gwyn, Mr. Palmes, Mr. Foley, Sir Richard Temple, Colonel Leveson, Sir Walt. Young, Mr. Boscawen, Mr. Clark, Lord Ranelagh, Mr. Fenwick; or any Five of them: And they are to meet To-morrow Morning at Eight a Clock, in the Speaker's Chamber.

Resolved, That a Conference be desired with the Lords upon the Subject-matter of the Amendments to the said Bill.

Ordered, That all Committees be revived.

Committees.

And then the House adjourned till To-morrow Morning, Nine a Clock.