House of Commons Journal Volume 11: 16 January 1696

Jovis, 16 die Januarii ;

7° Gulielmi Tertii.

Prayers.

Lady Fane's Estate.

SIR Henry Fane reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for enabling the Lady Katherine Fane to sell the Reversion of certain Fee Farm Rents, given to her by her Grandfather John Bence Esquire, was committed, That they had examined and considered the same; and directed him to report the same to the House, without any Amendment: And he delivered the same in at the Table.

The Bill was read the Third time.

Resolved, That the Bill do pass.

Ordered, That Sir Henry Fane do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, without any Amendment.

Encouraging Seamen.

A Petition of the Master, Wardens, and Assistants, of the Company of Fishermen of the River of Thames, was presented to the House, and read; setting forth, That the Petitioners have often petitioned the House for Liberty to keep a Register of all Fishermen, Dredgermen, and Servants, within the Limits of their Charter: That there is a Bill now depending before the House, for the Increase and Encouragement of Seamen, for a general Register of Seamen: And praying, That a Clause may be inserted in the said Bill, to impower the said Company to keep a Register of all Fishermen, Dredgermen, and Servants, within the Precincts of their Charter, to be transmitted to the general Register.

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

Recovery of Small Tythes.

An ingrossed Bill for the more easy Recovery of small Tythes was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the more easy Recovery of Small Tythes.

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

Preventing Export of Wool.

A Petition of the Dyers, Setters, Clothworkers, Pressers, Callenders, Packers, Tillet-painters, and other Artificers, &c. inhabiting in and about the City of London, and other Parts of England, on behalf of themselves, and many Thousands depending on the said several Trades, was presented to the House, and read; setting forth, That the Petitioners, by their several Trades, have been able to maintain their Families; but, of late Years, Foreigners and others have bought up great Quantities of Woollen Manufactures, and transported them beyond Sea white and unmanufactured, to the Ruin of the Petitioners Trades and Families: And praying, That the Transportation of such Goods white may be prohibited; or that a Mulct be laid upon them for the Use of his Majesty.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Bill for preventing the Exportation of Wool is committed.

Aunger's Estate.

Colonel Perry reported from the Committee, to whom the Bill to enable John Aunger, an Infant, to make a Lease, for the Improvement of his Estate, was committed, That they had examined and considered the same; and had directed him to report the same to the House, without any Amendment.

Ordered, That the Bill be ingrossed.

Supply Bill; Duties on Wines, &c.

Ordered, That it be an Instruction to the Committee of the whole House, to whom the Bill for continuing several Duties, granted by former Acts, upon Wine and Vinegar, and upon Tobacco, and East-India Goods, and other Merchandizes, imported, for carrying on the War against France, is committed, That they do consider of the Doubts touching the Duties upon Molosses, and French Goods taken in Prize-Ships.

Oaths of Supremacy in Ireland.

A Petition of Dennis Daly and Edmund Malone Esquires, in behalf of themselves and others, the Lawyers of the Town of Galloway, in Ireland, was presented to the House, and read; setting forth, That, by the late Articles made for Surrender of Galloway into his Majesty's Hands, the Lawyers thereof are to have Liberty of practising the Law, taking only the Oath of Allegiance: That the Articles of Lymerick being produced to the late Parliament, on making the Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths, there was a Saving therein for the Lawyers of Lymerick; but the Articles of Gallway being then mislaid, in the Secretary's Office, and not produced, there was no Provision made for the Lawyers of Gallaway: That, soon after, the Articles of Gallaway were found, and ratified by his Majesty, under the Great Seal, with his Royal Promise to give the Assent to any Bill that should pass both Houses of Parliament for that Purpose: That, in 1692, the PrivyCouncil of Ireland transmitted a Bill for enabling the Lawyers of Gallaway to practise, pursuant to the said Articles; which his Majesty did not think sit to approve, because it seemed to oppugn the said Act of Parliament of England: That the Petitioners are not above Five in Number; always were ready to take the Oath of Allegiance; have publick Faith; and the Great Seal of England for its Sanction; yet they remain disabled from following their Callings for their Subsistence, by reason of the said late Act; not being able to repeat and subscribe the Test and Declaration thereby appointed: And praying, That Provision may be made by the ingrossed Bill, from the Lords, now before this House, touching absent Peers of Ireland, and their Proxies, to enable the Petitioners to practise the Law in Ireland, according to the said Articles and Ratification.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for altering Part of an Act, made in the Third Year of his present Majesty and the late Queen Mary, intituled, An Act for the abrogating the Oaths of Supremacy in Ireland, and appointing other Oaths, is committed.

Expiring Laws.

Resolved, That a Committee be appointed to inspect what Laws are near expiring and are necessary to be continued; and report the same to the House:

And it is referred to Sir John Kay, Sir Marm. Wyvell, Sir Richard Temple, Mr. Sloane, Sir Wm. Lowther, Sir Gerv. Elwes, Sir Wm. Cooper, Mr. Manly, Mr. Molesworth, Mr. Price, Mr. Baldwyn, Mr. Heveningham, Sir Godfry Copley, Mr. Serjeant Bond, Mr. Whitacre, Mr. Gwynn, Mr. Mountague, Mr. Bromley, Mr. Serjeant Wogan, Mr. Bagnold, Mr. Moore, Sir John Bolles, Sir Rowland Gwyn, Mr. Fleming, Mr. White, Mr. Brewer, Mr. Monson; and all the Gentlemen of the Long Robe: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Practisers of Law to take Oaths.

A Motion being made, and the Question being proposed, That Leave be given to bring in a Bill, That none shall practise the Law in England, but such as shall take the Oaths to the Government;

An Amendment was proposed to be made in the Question, by adding after "Law," "or Physick:"

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

Ordered, That Leave be given to bring in a Bill, That none shall practise the Law in England, but such as shall take the Oaths to the Government.

Shipwrights, &c.

Ordered, That the Report from the Committee appointed to examine the Matter of the Petition of the Shipwrights and Workmen, belonging to his Majesty's Yards at Deptford and Woolwich; and other Petitions referred to the Consideration of the said Committee; be made upon Tuesday Morning next.

Duty on Tobacco.

A Petition of several Merchants of London, Importers of Tobacco, was presented to the House, and read; setting forth, That * * * *

That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the said Bill is committed.

Coin.

Mr. Chancellor of the Exchequer reported from the Committee of the whole House, to whom the Bill for remedying the ill State of the Coin of this Kingdom was committed, the Amendments, made by the Committee, to the said Bill; 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 were once read throughout; and then a Second time, one by one; and all of them, but one which was disagreed, upon the Question severally put thereupon, agreed, unto by the House.

A Clause was offered, to be added to the Bill, That the Act shall not oblige the melting down, or prohibit the Currency, of Six-pences, not clipped within the innermost Ring:

And the same was twice read; and amended; and agreed unto by the House.

Another Clause was offered to be added to the Bill, That the Master-worker of the Mint shall, upon every Hundred Pound Weight Troy of Silver, coin Forty Pounds Weight thereof in Shillings, and Ten Pounds Weight in Six-pences, for the Conveniency of Commerce:

And the same was twice read; and amended; and agreed unto by the House.

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

Hertford Election.

Mr. Solicitor-General, according to the Order of the Day, reported, from the Committee of Privileges and Elections, the Matter touching the Election for the County of Hertford, and the Resolutions of the said Committee thereupon; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; videlicet.

Upon the Petition of Robert Cecill Esquire, complaining of an undue Election of Tho. Halsey Esquire, to serve for the County of Hertford:

That Counsel on both Sides being called in;

Mr. Dyer, the High Sheriff for the County of Hertford, produced the Poll: By which the Numbers appeared to be thus; viz.

That Mr. Dyer said, That all that were polled were sworn, That they had a Freehold of 40 s. a Year, or upwards, in the County of Hertford, and had not been polled before: And that the Candidates did all agree to the Closing of the Poll.

That the Counsel for the Petitioner insisted, That many Persons were polled for Mr. Halsey, that were not qualified to vote in that Election.

And they called a Witness to disqualify a Freeholder that had voted for Mr. Halsey, as having no Freehold:

Which Evidence was opposed by the Counsel for the Sitting Member, in respect of the Oath that had been taken by each Freeholder, as aforesaid.

Whereupon, the Counsel being withdrawn, the Committee came to this Resolution:

Resolved, That it is the Opinion of this Committee, That Evidence ought not to be admitted to disqualify an Elector, as no Freeholder, who, at the Election, swore himself to be a Freeholder.

And, the Counsel on both Sides being again called in, and acquainted with the said Resolution;

The Petitioner did proceed to give Evidence of some Quakers, who were Freeholders, and demanded to be polled for the Petitioner, but were refused on account that they would not swear; and of others, who would have polled for the Petitioner, but were kept out of the Place where the Poll was taken:

But, the Petitioner not pretending to prove above Twelve Persons of either Sort; which Number would not have given him the Majority upon the Poll; the Counsel for the Petitioner said, They would not further trouble the Committee; they being over-ruled by the Committee, in their Exceptions to the Sitting Member's Voters, which they chiefly relied upon.

That the Committee, upon the whole Matter, came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Thomas Halsey Esquire is duly elected a Knight to serve in this present Parliament for the County of Hertford.

The First Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That Evidence ought not to be admitted to disqualify an Elector, as no Freeholder, who at the Election, swore himself to be a Freeholder;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Thomas Halsey Esquire is duly elected a Knight to serve in this present Parliament for the County of Hertford.

Surrey Election.

Mr. Solicitor General also reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the County of Surrey, and the Resolutions of the said Committee thereupon; 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.

Upon the Petition of Edward Harvey Esquire, complaining of an undue Return for the County of Surrey:

The Committee appointed a Day for hearing the Merits of that Election.

That, Counsel on both Sides being called in, the Petitioner objected to several of the Sitting Member's Voters, as no Freeholders:

But it being insisted, on behalf of the Sitting Member, That that Exception ought not now to be received, they having, at the Time of the Election, sworn themselves to be Freeholders;

And the Counsel thereupon withdrawing;

The Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Evidence ought not to be admitted to disqualify an Elector, as no Freeholder, who, at the Election, swore himself to be a Freeholder.

And, the Counsel being called in again, and acquainted with the said Resolution;

The Petitioner's Counsel said, That what other Exceptions they had would not reduce the Votes for the Sitting Member so as to give the Petitioner a Majority.

That thereupon, being again withdrawn, the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Denzill Onslow Esquire is duly elected a Knight to serve in this present Parliament for the County of Surrey.

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

Supply Bill; Land Tax.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the Bill for granting to his Majesty an Aid of Four Shillings in the Pound, for One Year, for carrying on the War against France.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had made a further Progress in the Matter to them referred; and had directed him to move, That they may have Leave to sit again.

Resolved, That this House will, To-morrow Morning, after the Consideration of the Amendments, made by the Lords, to the Bill for regulating of Tryals in Cases of Treason, and Misprision of Treason, resolve itself into a Committee of the whole House, to consider further of the said Bill.

Ludlow Election.

Ordered, That Mr. Lloyd be at Liberty to withdraw his Petition touching the Election for the Borough of Ludlow, in the County of Salop.

Committees.

Ordered, That all Committees be adjourned.

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