House of Commons Journal Volume 11: 7 December 1693

Jovis, 7 die Decembris;

5° Gulielmi & Mariæ.

Prayers.

Persons pardoned of Felony.

ORDERED, That Leave be given to bring in a Bill to repeal the Statute of 10° Edward. III whereby the Judges are obliged to take Security from Persons pardoned for Felony: And that Mr. Dolben and Mr. Clarke do prepare, and bring in, the same.

A Member discharged from Custody.

Ordered, That Sir Mark Malbanck, in Custody of the Serjeant at Arms for absenting himself from his Service in this House, be discharged out of Custody, paying his Fees.

Privilege—Persons reprimanded and discharged.

Thomas Bawderick and Nicholas Shipley, in Custody of the Serjeant . . . Arms, were, according to Order, brought to the Bar: Where they, upon their Knees, received a Reprimand from Mr. Speaker.

Ordered, That the said Thomas Bawderick and Nicholas Shipley be discharged out of Custody, paying their Fees.

Aulnage Duty.

Sir John Dorrell, according to Order, presented to the House a Bill for taking away the Duty of Aulnage: And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Importing Thrown Silk.

Colonel Goldwell, according to Order, presented to the House a Bill for the Importation of fine Italian, Sicilian, and Naples Thrown-Silk: And the same was received.

And the Bill was read the First time.

Ordered, That the Bill be read a Second time.

Insolvent Debtors.

Mr. Bowyer, according to Order, presented to the House a Bill to explain a former Act for Relief of poor Prisoners: And the same was received.

The Bill was read the First time.

Ordered, That the Bill be read a Second time.

Land Bank.

A Petition of Doctor Hugh Chamberlaine, and others, was presented to the House, with Proposals annexed: And the same were read: The Petition setting forth, That the constituting by Parliament a Bank of Credit, upon Land, for raising a Stock to establish a general Fishery in this Nation, as the same was approved by a Committee of this House in January 1691, will be more advantageous to the Trade of this Nation, than the Importing of so many Millions of Gold and Silver; and will be a great Support to the Poor under their present Exigencies: That, out of the said Stock, a considerable Sum of Money may be annually set apart, for the carrying on this present War; and that with far more Ease to the Subject than by Poll, Subsidies, or Land-Tax: And praying the serious Consideration of the House in the Premises.

The printed Proposal for the Fishery, formerly presented to the Members of Parliament, may be thus accommodated to the Petition.

That, in Consideration of the Freeholders bringing their Lands into this Bank, for a Fund of current Credit, to be established by Act of Parliament; It is now proposed, That, for every 150l. per Annum, secured for 150 Years, for but One hundred yearly Payments of 100l. per Annum, free from all manner of Taxes and Deductions whatsoever, every such Freeholder shall receive 4,000l. in the said current Credit; and shall have 2,000l. more put into the said Fishery-Stock for his proper Benefit: And there may be further 2,000l. reserved, at the Parliament's Disposal, towards the carrying on this present War.

That the Rent for the 100 Years must only be paid in the said current Credit; and is not to commence till the first 4,000l. is paid to the Freeholders, who is never to quit the Possession of his said Estate, unless the yearly Rent happens to be in Arrear; and then only till it is paid; so that, after a Hundred yearly Payments, as above-said, the Estate will be for ever discharged from this Incumbrance.

Ordered, That the Examination and Consideration of the said Petition, and Proposals, be referred to a Committee: And that they do report their Opinions therein to the House.

And it is referred to Sir John Moreton, Sir Robert Davers, Mr. Neale, Mr. Chetwynd, Mr. Palmes, Mr. Goldwell, Mr. Hutchinson, Mr. Salter, Mr. Boscowen, Mr. Travers, Sir Cha. Porter, Mr. Colt, Sir Richard Onslow, Mr. Stockdale, Mr. Hungerford, Mr. Cook, Mr. Vincent, Mr. Carter, Sir John Austyn, Sir Edward Abney, Mr. Butler, Sir Robert Cotton, Mr. Clarke, Sir John Dorrell, Mr. Davenant, Sir Jon. Jennings, Mr. Wildman, Mr. How, Mr. Waller, Mr. Gwyn, Sir Edward Askue, Sir John Knight, Sir Wm. Honywood, Mr. Hawtry, Mr. Hedger, Sir Tho. Littleton, Mr. England, Mr. Fuller, Colonel Lee, Mr. Clarke, Sir John Key, Mr. Pelham, Mr. Price, Sir Ro. Edon, Mr. Arnold, Mr. Poley, Mr. Fawkes; and all the Members that serve for the Seaport Towns: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Woolcombers, &c. Trade.

A Petition of the Wool-combers, and Traders in the Woollen Manufacture, in the Counties of Suffolke, Norfolk, Essex, Cambridge, and Isle of Ely, &c. was presented to the House, and read; setting forth, That the Petitioners employ many Thousands of Combers and Spinsters in making of Worsted Yarns, whereof Norwich Stuffs are chiefly made; in which Trade great Abuses have happened by short reeling the Yarn: To prevent which, the Norwich Weavers, 14° Car. II^di, obtained an Act for regulating the making the said Stuffs; whereby (inter al.) it was enacted, That a certain Number of the Master Weavers of Norwich should have Power to view, and search, and seize, and set a Fine upon, all defective Yarn, in Length of Reel, or Number of Threads, that should be publickly exposed to Sale within the County of Norfolke: That the said Norwich Weavers have made great Havock and Spoil of the said Commodities, by rifling Waggons at their Inns, and on the Road; by plundering the Wool-combers themselves on the Road, and breaking open their Houses, and carrying away what they please; which has occasioned great Tumults and Disorders: That the said Abuses still continue, the Spinsters being no-ways punishable for reeling their Work short: That when a Seizure is made, and a Fine imposed, of which the Master Weavers are both Judge and Jury, the same is usually agreed, and consumed in Treats, which ought to be to the Benefit of the poor Weavers: And the same Commodities are often bought by such Master Weavers, and made into Stuffs which fall short, proportionable to the Shortness of such defective Yarn: And praying, That the Petitioners may be incorporated into a Trade of Wool-combing, and making of Worsted Yarn, by such Methods, and under such Regulations, as the House shall think fit.

Ordered, That the Examination and Consideration of the said Petition be referred to a Committee: And that they do inspect the several Statutes that concern the Woollen Manufacture in Norwich; and report their Opinion therein to the House.

And it is referred to Mr. Blowfeild, Sir Chr. Greenfeild, Colonel Goldwell, Mr. Smith, Mr. Poley, Sir Wm. Langham, Mr. Fuller, Sir Robert Davers, Mr. Holt, Sir S. Bernadiston, Sir Fr. Guibon, Sir Jon. Jennings, Sir Edward Ayscough, Mr. England, Mr. Brownlow, Mr. Foley junior, Sir John Dorrell, Sir Tho. Clarges, Sir John Moreton, Mr. Hawtry, Sir Wm. Honywood, Mr. Tho. Foley, Mr. Bockland; and all that serve for the Counties of Norsolke and Suffolke: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Members not to plead at Lords without leave.

Ordered, That no Member of this House do presume to plead at the Bar of the House of Lords, without Leave first obtained from this House; and to be moved for between the Hours of Eleven and One a Clock.

New East-India Company.

A Petition of several Merchants, and others, in and about the City of London, was presented to the House, and read; setting forth, That the Trade to the EastIndies, being of very great Importance to this Kingdom, is, in a manner, wholly lost, and fallen into the Hands of our Neighbours; to the great Damage and Decay of the Trade and Navigation of this Nation, the Diminution of their Majesties Customs, and the Impoverishment of the Subjects of this Realm: And praying the House to take into Consideration the Erecting of a new East-India Company, for the recovering and securing That Trade to this Kingdom; and making it more national and diffusive; in such manner as to the House shall seem most meet.

Resolved, That the Examination and Consideration of the said Petition be referred to a Committee of the whole House.

Resolved, That this House will, upon this Day Sevennight, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the said Petition.

Ordered, That the East-India Company do lay before this House their new Charter.

Evidence before Commissioners of Account concerning a Member.

Mr. Harley, from the Commissioners for taking the publick Accounts, acquainted the House with the Matter of the Examination of Mr. Francis Rainsford before them: Which, being presented in Writing, was read at the Clerk's Table; and is as followeth; viz.

Wednesday, December 6, 1693.

Mr. Francis Rainsford, Receiver of the Rights and Perquisites of the Admiralty, attended, by Order from the Commissioners: And, being examined upon Oath, as to his Accounts in general, he did acknowlege, That the Account did not contain all the Money he had received, or paid, within the time of the said Account; but said it should be rectified in his next Account.

Being examined, Whether the Balance mentioned in his Account was then in his Hand, or what thereof he had paid, either before or since, to any Member of either House of Parliament; he answered upon Oath as followeth;

That, about the 18th of March, the Lord Viscount Falkland sent for him, and desired to know, how much Money he could advance, as Receiver of the Rights of the Admiralty; and that it would be for his Majesty's Service to pay as much as he could: He then said, he would pay 4,000l.

The 22d of the said March he received from the Lord Falkland a Letter; a Copy of which follows.

Mr. Rainsford,

March 22d, 1692-3.

I am directed by the King to receive of you the Sum of 4,000l. for his Majesty's immediate Service; for which I have his Orders, in Writing, to deliver to you, upon the Receipt of the Bills; which I desire you would get for me against To-morrow Morning Eight a Clock, or sooner, if you can; for I am to deliver those to him in the Morning: Pray let them be in Eight Notes, on Sir Francis Child and Mr. Fowles; Two, for 1,000l. apiece, payable to Randolph Keyn; the others, Two of 500l. each, and Four of 250l. each, payable to Mr. John Thomas, Mr. Joseph Williams, and Mr. Jacob Thompson, Two to each, or Bearer: Pray take no manner of Notice of this to any one; and endeavour to do it by the Time; for I shall stay within to expect you. I am

Your Servant,

Falkland.

Mr. Rainsford, upon his Oath, said, He believed this was a true Copy; and that he had the Original in his Custody till Monday last; when, being sent for by the Lord Falkland, about Five or Six a Clock in the Evening, he shewed the Original to my Lord Falkland; and his Lordship kept it.

In pursuance of the said Letter of the 22d of March, Mr. Rainsford attended his Lordship the next Morning, being the 23d of March; and then acquainted him, That he could not bring his Lordship Notes that Day for the whole 4,000l: Whereupon his Lordship ordered him to bring Notes for 2,000l; and to bring the other within Fourteen Days.

Afterwards, the same Day, Mr. Rainsford brought Six Notes from Mr. Fowles; Two of 500l. each, and Four for 250l. each, payable to Mr. John Thomas, Mr. Joseph Williams, Mr. Jacob Thompson, and, as he thinks, Mr. Rundolph Kein, or Bearer: Which Sums were payable to one, or the other of them, he cannot tell; nor had he Directions to which of the Names to apply 500l. or 250l.

That, upon the Delivery of the said Six Notes, the Lord Falkland delivered to him the following Order, signed by his Majesty; and a Certificate of his Majesty's Signing: Copies whereof ensue.

Copy of the Order.

Our Will and Pleasure is, That you do forthwith pay to the Lord Falkland the Sum of 4,000l. out of the Monies in your Hand, arising out of the Perquisites of the Lord High-Admiral of England, taking his Receipt for the same. Given under our Hand this present 22d Day of March, 1692-3.

William Rex.

To Francis Rainsford Esquire,
Commissioner for managing
and collecting the Perquisites
of the Lord High-Admiral
of England.

Copy of the Certificate.

I have directed Mr. Rainsford to pay 4,000l. out of the Monies in his Hands, arising out of the Perquisites of the Lord High-Admiral of England, for my immediate Service; which I will take care shall be made good to him again, or allowed to him upon his Account.

William Rex.

Dated the 22d of March,
1692-3.

Mr. Rainsford, being asked, of whose Hand-writing the Papers were? said, He believed them to be the Lord Falkland's.

And it being observed to him, That the Sums contained in each Note were written with different Ink, and so crouded; that the Notes seemed to be at first drawn with Blanks for the Sums; Mr. Rainsford said, He believed the Reason thereof was because his Lordship could not tell what Money he could advance, until he had informed him; which, as is said before, he had done the 18th March.

He further faith, That the Lord Falkland, upon the receiving the said Six Notes, gave him a Receipt for 2,000l.

That, after the Fourteen Days allowed him for paying the other 2,000l. were expired, the Lord Falkland sent a Servant to the said Mr.Rainsford: Thereupon he attended his Lordship about the 10th of April; and then brought him a Note upon Mr. Fowles for 1,000l. payable to Randolph Kein, as he supposes, or Bearer; and, about the 20th of April, brought such another Note from Mr. Fowles, payable, as he thinks, to the said Randolph Kein, or Bearer: Upon which his Lordship took up his first Acquittance for 2,000l. of the 23d of March, and gave the following Receipt:

Received the 28th Day of March 1693, by Order of his Majesty, of Mr. Francis Rainsford, the Sum of 4,000l. for Monies due to their Majesties, as mentioned in the Order, dated the 22d present. I say received, by his Majesty's Order, 4,000l.

Falkland.

Upon Examination of Mr. Tho. Wootton, It appears, That the Six Notes given as above, the 23d March, unto Mr. Joseph Williams, John Thomas, and Jacob Tompson, making in all 2,000l. were all paid on the 29th of the said March; and all to one Person: But Mr. Wootton faith, it doth not appear to whom, by Mr. Fowle's Books.

Thursday, Dec. 7th, 1693.

The Lord Viscount Falkland came this Morning to the Commissioners of Accounts, on their Letter; and, upon his Oath, did acknowlege, That, the 23d March 1092-3, he did receive from Mr. Rainsford Notes upon Mr. Fowles, for 2,000l; but could not charge his Memory with the Names of the Persons to whom those Notes were payable.

And his Lordship faith, The same Day he did, by the King's Order, deliver those Notes to one, who is no Member of either House of Parliament; and hath a Receipt for the same.

And his Lordship further owns the Receipt of the other 2,000l. some time in April; which, he faith, is still in his Hands: And that he had attended his Majesty since his Return; who told him, He had Directions for him therein.

And then the Lord Falkland was heard touching the said Matter.

And then withdrew.

And he was, by Order of the House, called in, and heard again.

And then withdrew.

And a Debate arising thereupon;

And the Question being put, That the Lord Falkland, for withdrawing a Letter, writ by his Lordship to Mr. Rainsford, who was to be examined by the Commissioners for taking the publick Accounts, be committed to the Tower of London;

The House divided.

The Yeas go forth.

So it passed in the Negative.

A Member reprimanded.

Resolved, That the Lord Falkland be called in, and reprimanded in his Place.

And he was called in, and reprimanded accordingly by Mr. Speaker.

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 further of Ways and Means for raising the Supply to be granted to their Majesties, for the Maintenance of the Fleet.

Committees.

Ordered, That all Committees be adjourned.

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