House of Commons Journal Volume 12: 8 March 1698

Martis, 8 die Martii;

10° Gulielmi Tertii.

Prayers.

Resumption of Grants.

A PETITION of John Fitz-Gerald, Merchant, in behalf of himself, and others, comprised within the Articles made upon the Surrender of the City of Waterford, in Ireland, was presented to the House, and read; setting forth, That the said Articles, upon Debate before the King and Council, were ratified under the Great Seal of England; and accordingly the Petitioners, being Four in all, have enjoyed their Estates without being outlawed: But by the Bill depending in the House for vacating all Grants of Estates, and other Interests, forfeited in Ireland, since the 13th Day of February 1688, the Petitioners are in Danger of being deprived of the Benefit of the said Articles, as to their Estates: And praying, That a Clause may be inserted in the said Bill for their Security.

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

Privilege of a Witness.

A Petition of David Hunter was presented to the House, and read; setting forth, That the Petitioner, being to attend a Committee of this House, on Friday last in the Afternoon, upon a Petition of him, and others, against his Captain, Antony Duncomb, was that Morning arrested by his said Captain, in a Fob Action, for 50l.; and carried to Newgate, where he now remains; on purpose to take off the Petitioner's Information; he being the principal Person to lay open the ill Practices of his said Captain: And submitting the same to the Consideration of the House.

Ordered, That the Consideration of the said Petition be referred to a Committee: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House:

And it is referred to Mr. Arnold, Sir Wm. Ashurst, Mr. Colt, Mr. Speke, Sir Fra. Masham, Mr. Duke, Sir Henry Colt, Mr. Gwynne, Sir William Lowther, Sir Marm. Wivell, Mr. Frewen, Mr. Hoar, Mr. Mountague, Mr. Brotherton, Mr. White, Sir Wm. St. Quintin, Mr. Mountsteven, Mr. Harrison, Mr. St. John, Mr. Clark, Mr. Farrer, Mr. Watlington, Mr. Morgan, Sir Robert Burdet, Mr. Blofeild, Colonel Kirkby, Sir John Bolles, Mr. Whitaker, Mr. Taylor, Mr. England, Sir Rowland Gwynn, Mr. Norris, Mr. Molesworth, Colonel Perry, Sir John Philips, Mr. Yates, Mr. Boscawen, Mr. Cartwright: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And have Power to send for Persons, Papers, and Records.

Merchandize not to be imported in King's Ships.

Ordered, That Leave be given to bring in a Bill to prevent any of the Captains of the King's Ships, Yachts, or other Vessels, or any other Persons who receive the King's Pay, to import, or bring over from beyond Sea, any Goods or Merchandize: And that Mr. Boscawen, Mr. Arnold, Sir John Bolles, Sir Joseph Herne, and Mr. Colt, do prepare, and bring in, the Bill.

Army Debts.

Sir Rowland Gwynn reported, from the Committee, to whom the Petition of Robert Taylor, and others, Inhabitants of the Tower Hamlets, was referred, to whom the Consideration of the Petition of Mr. John Dorrell was referred, the Matter, as it appeared to the Committee, upon the said Petition of the said Mr. Dorrell; and the Resolutions of the 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 Mr. John Dorrell:

That, to prove the Lending of the Money for the subsisting the Regiment, Mr. Dorrell produced

Mr. John Brograve: Who said, That, about March last, Mr. Dorrell told him, That he had supplied Mr. Maddox, Agent to Colonel Columbine's Regiment, with Money to subsist the said Regiment: And that Mr. Maddox had given him the Officers Receipts, for what he paid them, as a Security to him:

That, about that time, Mr. Maddox and Mr. Dorrell met at his, the said Mr. Brograve's, House; where he proposed a Bond to be given from Mr. Maddox to Mr. Dorrell, as a corroborating Security, with the Receipts given Mr. Maddox by the Officers; and told him, That the Officers were privy to the Borrowing of it:

That there was no other Person present, but his own Son, when Mr. Maddox and Mr. Dorrell met at his House; but his Son was not produced as a Witness.

Mr. Maddox said, That he never told any of the Officers, that he borrowed the Money for the Subsistence of the Regiment:

That Mr. Dorrell and himself did not agree when the Money should be paid, that he borrowed of him; but said, He did not doubt but that he should pay the same in Three Weeks time:

That he could not pass his Accounts without the Receipts.

But it appeared, That the Assignments of the Receipts were entered on such a Part of the several Papers, as that they might be cut off without prejudicing the Receipts.

Mr. Dorrell desired, That several Officers of the Regiment might be examined, touching their being privy to the Lending the Money: But they all severally denied their Knowlege of it.

And thereupon Colonel Colembine produced a Contract, made with the Agent, to supply the Regiment with Money; so that, the Agent being obliged thereunto, he did not inquire how he procured it: And that he did not know of the Agent's borrowing this Money of Mr. Dorrell; but, the Regiment being in great Streights for Money in Southwark, he required the Agent to provide Money for them:

That, Mr. Dorrell not attending the Service in Flanders, his Majesty disposed of his Commission to his Son.

As to Mr. Dorrell being broke, and his Commission disposed of;

Said, He told Mr. Dorrell, He must go over to Flanders.

And produced the following Witnesses, to justify the same:

Captain Temple said, That he went to Mr. Dorrell from the Colonel, to know if he intended to go into Flanders with the Regiment: He then said, He would consider of it. And going to him again, in a Fortnight after, upon the same Account, Mr. Dorrell said, He would give the Colonel an Answer himself.

That he cleared Mr. Dorrell's Accounts to the very Day they embarked, being the 29th of May 1697.

That Mr. Dorrell was on board the Transport-Ship; —soon after went ashore for London; and left the Regiment.

Major Massam,—That he went to the Colonel to ask Leave for Mr. Dorrell's Stay; and the Colonel told him, He would not give him an Hour's time.

Mr. Connock said, That Mr. Maddox told him, He would help him to carry Arms in the Army, if he would Witness against Mr. Dorell.

Captain Gwillam said, That he brought a Man to his Colonel, by Mr. Dorell's Consent, to buy his Commission; but the Colonel told him, He did not buy it, and should not sell it.

Captain Goodwin said, That, Two or Three Days before the Regiment was to embark, the Colonel told Mr. Dorrell, in his Hearing, That, if he would not go over with him into Flanders, he would prosecute him as a Deserter, as far as the Law would permit: And this the Colonel bid him take notice of, that he might be able to witness it.

Mr. Robert Rhodes said, That Mr. Dorrell consented to sell his Commission to him for 60 Guineas.

Captain Johnson said, That Mr. Dorrell consented to sell his Commission; but the Colonel refused to let him.

Lieutenant Read said, That Mr. Dorrell told him in Flanders, That, if he got into England, he would return no more thither.

Mr. Dorrell affirmed, That he had been threatned, that, after this Examination was over, he should be prosecuted as a Deserter:

And called several Witnesses to prove it; who denied, that ever they heard so.

But the Colonel said, He might be prosecuted as a Deserter; and deserved it.

That all the Officers were examined; and denied their being privy to Mr. Dorrell's lending the said Money for the Use of the Regiment.

Whereupon the Committee came to these Resolutions:

Resolved, That it is the Opinion of this Committee, That the Money said to be due from Colonel Colombine to Mr. John Dorrell, as set forth in his Petition, is not due from the said Colonel, but from the Agent Maddox, as appeared by his Bond; and was borrowed of the said Mr. Dorrell, without Colonel Colombine's Knowledge or Privity.

Resolved, That it is the Opinion of this Committee, That Mr. Dorrell deserved to lose his Commission; and had no Grounds of Complaint against Colonel Colombine.

Ordered, That the said Report be taken into Consideration upon Friday Morning next.

Army Arrears.

Ordered, That the Report from the Committee, to whom the Petition of the Soldiers of Colonel Rosse's Regiment was referred, be made To-morrow Morning.

Fauquier's, &c. Nat.

A Bill for naturalizing John Francis Fauquier, Joseph Du Casse, and others, was read a Second time.

Resolved, That the Bill be committed to Sir Henry Colt, Sir Edward Abney, Mr. Colt, Sir John Fagg, Mr. Dolbin, Mr. Duke, Mr. Pocklington, Mr. Norris, Mr. Mountstevens, Mr. Clark, Sir Rowland Gwynn, Mr. Blofeild, Mr. Bridges, Mr. Taylor, Sir Jos. Jekyll, Mr. Gardner, Sir Ra. Dutton, Mr. England, Mr. Lowther, Mr. Guy, Mr. Whitaker, Colonel Perry, Mr. St. John, Mr. Molyneux, Sir Wm. Lowther, Sir Wm. Honywood, Mr. Harrison, Mr. Phillips, Sir Tho. Roberts, Mr. Chase, Sir John Bucknall, Mr. Morris, Sir Tho. Dyke, Mr. Stonehouse, Sir Francis Masham, Mr. Gery, Mr. Foley, Sir Jos. Herne, Mr. Mason, Mr. Morgan, Sir Scroop How, Mr. Foley, Mr. Rider, Mr. Fuller, Sir Geo. Hungerford, Sir Marm. Wivell, Mr. Burrington, Mr. Lambton, Sir John Elwill, Mr. Molesworth, Mr. Sandford: And they are to meet To-morrow in the Afternoon at Five a Clock, in the Speaker's Chamber: And it is to be an Instruction to the said Committee, That they take care to leave out of the said Bill such Persons as they shall find have been guilty of Smuggling of Goods.

Gardiner's Marriage Settlement.

An ingrossed Bill, from the Lords, intituled, An Act to rectify a Mistake in the Marriage-Settlement of William Gardiner Esquire, was read the First time.

Resolved, That the Bill be read a Second time upon this Day Sevennight.

Hudson's Bay Company.

Mr. Edward Harley, according to Order, presented to the House a Bill for the Continuance of a former Act, for confirming to the Hudsons Bay Company their Privileges and Trade: And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time upon Friday Morning next.

Leave of Absence.

Ordered, That Sir St. Andrew St. John have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Prevention of Gaming.

Ordered, That Leave be given to bring in a Bill to prevent all Gaming: And that Mr. Boscawen and Mr. Arnold do prepare, and bring in, the Bill.

Seamen's Arrears.

Ordered, That the Report from the Committee, to whom the Petitions of the Officers and Seamen of the Ships taken as Prizes are referred, be made upon this Day Sevennight.

Copper Coinage.

Ordered, That Sir Steph. Evans, Mr. Mountstevens, Mr. Lowndes, Mr. Mountague, Mr. Jenkins, Lord Digby, Mr. Mitchell, Sir Math. Andrews, be added to the Committee to whom the Petition of the Grocers, Cheesemongers, Mealmen, Bakers, Market-People, and Retailers, of the Borough of Southwark, is referred.

Relief of Creditors.

A Bill to explain and rectify the Act for Relief of Creditors, by making Composition with their Debtors, in case Two-thirds in Number and Value do agree, was, according to Order, read a Second time.

And the Question being put, that the Bill be committed;

It passed in the Negative.

Resolved, That the Bill be rejected.

Ditto.

Ordered, That a Bill be brought in to repeal the said Act for Relief of Creditors, by making Composition with their Debtors, in case Two-thirds in Number and Value do agree: And that Mr. Dolben and Mr. Sloane do prepare, and bring in, the Bill.

Privilege of a Member in a Suit.

A Petition of George Etkyns Esquire was presented to the House, and read; setting forth, That about 14 Years since, the Petitioner demised several Messuages, Lands, and a Chalk-clift, in the County of Kent, to Edward Brent, Esquire, a Member of this House; who, about Seven Years since, contracted for the absolute Purchase of the said Premises, with other Lands; and has, ever since, been in the Possession thereof; and receives the Profits, without paying any Rent, or the Purchase-money agreed to be paid, or any Interest for the same: And praying, That the Petitioner may have Liberty to sue the said Mr. Brent, notwithstanding his Privilege, for the Purchase-money; or else that he may deliver Possession of the said Estate to the Petitioner, and make Satisfaction for the Damages done touching the same.

Ordered, That the Consideration of the said Petition be referred to the Committee of Privileges and Elections: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Ways and Means.

The House, according to Order, resolved itself into a Committee of the whole House, to consider further of the Supply to be granted to his Majesty; and of Ways and Means for raising the same.

Mr. Speaker left the Chair.

Sir Tho. Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had come to several Resolutions; 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.

Report of Conference with Lords.

Resolved, That this House will, To-morrow Morning, take into Consideration the Report from the Conference with the Lords Yesterday, upon the Subject-matter of the Bill, intituled, An Act for the punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called ExchequerBills.

Supply Bill; Land Tax.

Resolved, That this House will, upon Thursday Morning next, resolve itself into a Committee of the whole House, to consider further of the Bill for granting to his Majesty an Aid, by a Land-Tax, for One Year, to raise Money for disbanding Forces, paying Seamen, and other Uses therein mentioned.

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