House of Commons Journal Volume 11: 14 April 1697

Mercurii, 14 die Aprilis;

9° Gulielmi Tertii.

Prayers.

Hammond's Marriage Settlement.

AN ingrossed Bill, from the Lords, intituled, An Act for enabling the Sale of the Manor of Rowling, in Kent; which, by Mistake, was, by general Words, comprised in the Marriage-Settlement of Wm. Hammond Gentleman, contrary to the Meaning of the Parties; was read the First time.

Resolved, That the Bill be read a Second time.

Coparcenary Lands.

The House proceeded to take into Consideration the Amendments, made by the Lords, to the Bill, intituled, An Act for the easier obtaining Partitions of Lands in Coparcenary, joint Tenancy, and Tenancy in common:

And the same were twice read; and, upon the Question severally put thereupon, agreed unto by the House; and are as follow; viz.

1 Skin; L. 20, after "that," insert "from and after the First Day of May 1697:"

L. 24, after "Action," add "and a Copy thereof left with the Occupier, or Tenant or Tenants:"

2 Skin, L. 10, after "executed," insert "after Eight Days Notice given to the Occupier, or Tenant or Tenants, of the Premises:"

L. 12, after "whatsoever," add "after Notice, as aforesaid:"

L. 21 and 22, instead of "before the 1st Day of the next Term," read "within the Space of One Year:"

L. 24, for "Two Terms," read "One Year:"

L. 31, leave out "Payment of Costs:"

L. 38, after "whatsoever," add "except such other Persons as shall be absent, or disabled, as aforesaid:"

L. 39, leave out "double:"

3d Sk. L. 1, 2, leave out "upon Payment of Costs to the Demandant:"

L. 8, after "whatsoever, insert "except as before excepted."

Ordered, That Mr. Mountague do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendments.

Stocker's Complaint respecting impressing Men.

Sir Rowland Gwyn reported from the Committee, to whom the Petition of Mary Stocker was referred; and to examine the Matter; and report the same to the House; That they had examined the same accordingly; and had directed him to report the same to the House; 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.

That the Case of Captain Stocker, Commander of the Hawk Frigate, in relation to his intended Voyage to Newfoundland, the Impressing of his Men, and the Manner of his being killed, was admitted to be as stated in the Petition.

But the Petitioner insisted, That this Misfortune might have been prevented, if the Resolution of the AdmiraltyBoard of the 24th of February last, pursuant to a Letter from Mr. Secretary Trumball, of the 20th of February last, by his Majesty's Command; whereby it was ordered, That no Men should be imprest in any Western Port, which are employed in sitting out the Merchant-Ships bound to Newfoundland; had been carefully executed.

Captain Billup, and Mr. Heigham, Two of the Owners of the said Frigate, produced One Letter from Captain Stocker, of the 20th of February last; wherein he said;

"That Mr. Power, who is Sub-Commissioner at Biddiford, hath given the Admiralty an Account of what Men I have now there; which I understood by the Lieutenant, now there impresting; having made it my Business to make him my Friend, and hope I have effected it: Who tells me, That all the Merchants have earnestly importuned him to fall on my Men, which they will justify, and stand by him; but he honestly refused them: However, should any more come in, I leave you to imagine the Event:"

And another Letter from Captain Stocker, of the 28th of February last, to Mr. Heigham; wherein he writes;

"By my last I advised you of my going for IlfordCoome, and the Occasion of it: Where I found all things to Expectation; having hired a Vessel to run over the Men, the first Wind; which is the only Course I must take; being Three Lieutenants here with their Gangs, assisted by the Soldiers, and Custom-house Officers; who, at present, make it their Business to be informed where my Men lie, and then resolve to assault them; having a particular Order, as they say, from the Lords of the Admiralty, to seize and secure my Men; which they had resolved to do, is plain, having sent Six Men armed on board the Ship we have hired, and turned on Shore the Boys; and so remain on their Guard, to prevent any of our Men coming on board; against which I am willing to protest (if in the least convenient): Nevertheless, all which is to be done to prevent Trouble, is, to carry the Men away per first fair Wind, and bring the Stores after; which (though it will be great Charges) is absolutely necessary: And, as I am now plunged into such unparalleled Trouble, I still hope to wade through it, for your Interest:"

That, upon Receipt of the last Letter, Captain Billupp and Mr. Heigham went to the Admiralty-Office, on the 3d of March last, to complain of the Treatment of Captain . . . . . . and to desire Protection for his Men; and they were told, by the Board, That Orders were sent to all the Western Ports, not to imprest any Men employed for the Newfoundland Service: But Mr. Bridgman, Secretary to the Admiralty, upon Examination of the Books, found that no such Orders were sent to Biddiford and Barnstable, the chief trading Towns to Newfoundland, though they had been sent to the other Western Ports, on the 25th of February: And that Mr. Heigham had received a Letter from Plymouth, That those Orders arrived there about a Week before Captain Stocker was killed.

Mr. Bridgman said, That when the Owners of the said Ship did apply themselves to the Admiralty-Board, as aforesaid, he thought the same Orders had been sent to Biddiford as were sent to other Western Ports; but supposes, That, in the Hurry of Business, they might be forgotten, or mislaid: That he told Mr. Heigham, He believed they were sent; but the Books shewed the contrary; whereupon Orders were sent the 4th of March: That several Clerks are employed to copy those circular Orders; so that he knows not whom to charge with that Omission; and never knew that the like happened before; And further said, There was no Orders given for impresting Captain Stocker's Men.

The Widow Stocker said, That her late Husband was killed on Saturday the 6th of March last; and that the Orders arrived at Biddiford the Day after: That she believes, if those Orders had been sent the 25th of February, this Accident had been prevented; for that, as soon as the Order was received, many of her said Husband's imprest Men were discharged.

Resolved, That an humble Address be presented to his Majesty, by such Members of this House as are of his Majesty's most Honourable Privy-Council, That he will be pleased to take the Condition of the said Mary Stocker, and her Children, into Consideration, and make some Provision for them.

Resolved, That if the Orders of the Commissioners of the Admiralty, not to press any Seamen bound for Newfoundland, had been observed by their Secretaries, the Death of Captain Stocker might have been prevented.

Ordered, That the Secretaries and the Under-Clerks of the Admiralty do attend this House To-morrow Morning.

A Message from the Lords, by Sir Richard Holford and Mr. Pitt:

Mr. Speaker,

Supply Bill; Duty on Tin and Pewter.

The Lords have agreed to the Bill, intituled, An Act for the lessening the Duty upon Tin and Pewter exported; and granting an Equivalent for the same, by a Duty upon Drugs; without any Amendment. Also,

Increase of Seamen.

The Lords have agreed to the Bill, intituled, An Act to enforce the Act for the Increasing and Encouraging of Seamen, without any Amendment.

And then the Messengers withdrew.

Privilege of a Member in a Suit.

A Petition of Sir Bourchier Wray Baronet, an Infant, by John Barrington Esquire, his Guardian, and of John Evans Gentleman, and Ellen Evans Widow, was presented to the House, and read; setting forth, That Sir Wm. Williams Baronet, deceased, lately a Member of the House, about June 1695, made his last Will; and devised all his real Estate to the said Sir Bourchier Wray, for his Life; Remainder to Christopher Wray his younger Brother, for Life; Remainder to his now Majesty, his Heirs and Successors; and made Charles Allanson Esquire, and the Petitioner John Evans, Executors, in Trust: That Evans hath proved the Will; but Arthur Owen Esquire, a Member of this House, who pretends to be a remote Heir at Law to Sir Wm. with a great Number of armed Men, forcibly broke open the Two capital Houses of the said Sir William Williams, and drove the Servants out of Possession, and took and carried away all the Plate, Furniture, Provision, Arms, and Three Sacks full of Writings, relating to Sir Wm.'s Estate; and drove all the Cattle from off the Demesnes into the Highway: They also broke open the Houses of several of Sir Wm.'s Tenants, and drove their Cattle from off their Premises; and threaten to serve the rest so, that will not attorn Tenants to Mr. Owen; and, particularly, they broke open the Petitioner Ellen's House; threw her Goods into the Street; drove her Cattle off her Grounds; and locked up her Barns, and Cow-houses: And, the better to support the said Violence, Mr. Owen threatens to insist on his Privilege; which has such an Influence, that the Justices of the . . . . . . will not meddle in the said Matters, though applied to, for fear of displeasing the House; so that Mr. Owen proceeds to cut down and destroy the Timber on the said Estate; and threatens to keep Possession, and beat the Devisees and Executors with their own Weapons: And praying, That they may have Liberty to seek Relief against the said Mr. Owen, for his Breach of the Peace, without incurring the Displeasure of this House.

Resolved, That no Member of this House hath any Privilege in Cases of Breach of the Peace, or forcible Entries, or forcible Detainers.

Supply Bill; Tonage Duty and Land-Tax.

An ingrossed Bill for granting to his Majesty a further Subsidy of Tonage and Poundage upon Merchandize imported, for the Term of Two Years and Three-quarters; and an additional Land-Tax for One Year; for carrying on the War against France; was read the Third time.

An ingrossed Clause was offered, as a Rider to the Bill, with Blanks, for allowing a Drawback of the Subsidy upon Exportation of any foreign Goods, within a certain Time:

And the same was twice read; and the Blanks filled up:

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

Another ingrossed Clause was offered, as a Rider, with Blanks, That the Act shall not extend to charge such Naval Stores as the Commissioners of the Navy have contracted for:

And the same was twice read; and the Blanks filled up:

And the same, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another ingrossed Clause was offered, as a Rider to the Bill, That * * * *

And the same was read the First time:

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

It passed in the Negative.

Resolved, That the Bill do pass: And that the Title be, An Act for granting to his Majesty a further Subsidy of Tonage and Poundage upon Merchandize imported, for the Term of Two Years and Three-quarters; and for an additional Land-Tax, for One Year; for carrying on the War against France.

Ordered, That Sir Thomas Littleton do carry the Bill to the Lords, and desire their Concurrence thereunto.

A Message from the Lords, by Sir Richard Holford and Mr. Pitt:

Mr. Speaker,

Supply Bill; Malt Duties.

The Lords have agreed to the Bill, intituled, An Act for granting to his Majesty certain Duties upon Malt, Mum, Sweets, Cyder, and Perry, as well towards carrying on the War against France, as for the necessary Expences of his Majesty's Household, and other Occasions, without any Amendment. Also,

Supply Bill; Duty on Leather.

The Lords have agreed to the Bill, intituled, An Act for laying a Duty upon Leather, for the Term of Three Years; and making other Provision for answering the Deficiencies, as well of the late Duties upon Coals and Culm, as for paying the Annuities upon the Lottery, and for Lives, charged on the Tonage of Ships, and the Duties upon Salt, without any Amendment.

And then the Messengers withdrew.

Brokers and Stockjobbers.

An ingrossed Bill to restrain the Number and ill Practice, of Brokers and Stockjobbers, was read the Third time.

An ingrossed Clause was offered, as a Rider to the Bill, That the same shall not extend to make void any Contracts made between Party and Party:

And the same was read the First time:

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

It passed in the Negative.

An Amendment was proposed to be made, Press 1. L. * to leave out "for," and insert "with," instead thereof:

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

Resolved, That the Bill do pass: And that the Title be, An Act to restrain the Number, and ill Practice, of Brokers and Stockjobbers.

Ordered, That Sir Joseph Tyly do carry the Bill to the Lords, and desire their Concurrence thereunto.

Marriages of Infants.

An ingrossed Bill, from the Lords, intituled, An Act to prevent undue Marriages of Infants; and for better securing the Guardianship of them; was read the Second time.

Resolved, That the Bill be committed to Mr. Boscawen, Mr. Stonehouse, Sir John Elwell, Sir Hen. Hobart, Sir Henry Colt, Sir Walt. Yonge, Mr. Thornhagh, Colonel Wharton, Mr. Waller, Mr. Bertie, Sir Wm. Cowper, Mr. Brotherton, Mr. Norris, Sir Joseph Tily, Colonel Bierly, Mr. Mordaunt, Sir Wm. Lowther, Mr. Conyers, Sir John Bolles, Mr. Henley, Mr. Whitaker, Mr. How, Lord Pawlet, Sir Rowl. Gwyn, Mr. Cox, Mr. Mawdit, Mr. Lowndes, Mr. Slater, Mr. Carr, Mr. Ashby, Mr. Osborne, Mr. Lowther, Mr. White: And all that come are to have Voices: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber; and to sit de die in diem.

Counterfeiting Coin.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the ingrossed Bill, from the Lords, intituled, An Act for the preventing the counterfeiting the current Coin of the Kingdom.

Mr. Speaker left the Chair.
Sir Henry Hobart took the Chair of the Committee.
Mr. Speaker resumed the Chair.

Sir Henry Hobart reported from the said Committee, That they had gone through the Bill, and made some Amendments; which they had directed him to report, when the House will please to receive the same.

Ordered, That the Report be made To-morrow Morning.

Woollen Manufactures.

Ordered, That the Bill to encourage the Woollen Manufactures in England; and to prevent the Exportation thereof from Ireland to foreign Parts; be read a Second time To-morrow Morning, in a full House; and nothing to intervene.

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