House of Commons Journal Volume 12: 15 March 1698

Martis, 15 die Martii;

10° Gulielmi Tertii.

Prayers.

Masters' Estate.

A BILL to enable Streinsham Masters Esquire to sell Lands in Kent, which were agreed to be settled by his Articles of Marriage; and to convey Lands in Derbyshire, of a greater Value, to the same Uses; was, according to Order, read the First time.

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

Leave of Absence.

Ordered, That Mr. Drake have Leave to go into the Country, for Recovery of his Health.

Ordered, That Sir Henry Johnson have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

Turner's Estate.

Sir Eliab Harvey, according to Order, presented to the House a Bill for supplying a Defect in a Conveyance lately made by Sir Edward Turner, and Charles Turner Esquire, his Son, for the more effectual securing the Sum of 12,000 l;. and Interest, upon their Estate: And the same was received.

The Bill was read the First time.

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

Hall's Estate.

A Message from the Lords, by Sir John Franklyn and Sir Robert Legard;

Mr. Speaker,

The Lords have passed a Bill, intituled, An Act for settling the Estate of John Hall, a Lunatick, subject to a Debt charged thereon: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Lloyd's Nat.

Mr. Foley junior, according to Order, presented to the House a Bill for naturalizing William Lloyd Esquire: And the same was received.

The Bill was read the First time.

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

Leave of Absence.

Ordered, That Sir Thomas Davall have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

Committees.

Ordered, That all Committees be revived.

Executing Judgments in Wales.

An ingrossed Bill to execute Judgments and Decrees saved in a Clause in an Act of the 1st Year of the Reign of King William and Queen Mary, intituled, An Act for taking away the Court holden before the President and Council of the Marches of Wales, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to execute Judgments and Decrees saved in a Clause in an Act of the 1st Year of the Reign of King William and Queen Mary, intituled, An Act for taking away the Court holden before the President and Council of the Marches of Wales.

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

Slaughter, &c. importing Silk.

An ingrossed Bill to enable Paris Slaughter and William Druce, Merchants, to import several Bales of fine Italian Thrown-Silk, from Amsterdam, into this Kingdom, was read the Third time.

An Amendment was proposed to be made, Press 1. L. 21, by leaving out "last new Stile," and inserting "1695:"

And the same was, upon the Question put thereupon, agreed unto by the House; and the Bill amended at the Table accordingly.

Resolved, That the Bill do pass: And that the Title be, An Act to enable Paris Slaughter and William Druce, Merchants, and Dame Elizabeth Chapman, to import several Bales of fine Italian Thrown-Silk, from Amsterdam, into this Kingdom.

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

Army Arrears.

Sir Henry Colt, according to Order, reported, from the Committee, to whom the Petition of several Soldiers discharged out of Colonel Rosse's Regiment of Dragoons; and also the Petition of several Soldiers of Major Hugh Galbreith's Troop in Colonel Rosse's Regiment of Dragoons, now actually in his Majesty's Service; were referred, the Matter, as it appeared to the said Committee; 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 several Soldiers discharged out of Colonel Ross's Regiment of Dragoons.

That the Petitioners, appearing, alleged, That they had served his Majesty several Years in the War; but that, by an Order from his Majesty for reducing Fourteen Men out of each Troop, they were discharged, and their Horses taken from them, which were their own:

That there has been stopped out of their Subsistence Three-pence a Day, on the Account of Horses, these Three Campaigns:

That there has been stopped some Monies for making good burnt Houses, as also for the Expence of a Bomb Cart to carry their Powder and Ball, Stockens, Cravats, and Ammunition-swords:

That there has been stopped from them a Farthing a Day ever since they were in Flanders; and Two-pence a Day was also stopped for exchanging and returning of their Pay from England:

That they ought to have had Cloathing, not having had any since May was Twelvemonth:

That One Peny per Day was stopped for Straw for their Horses, though it was given them by the Boors:

And that there are several Sums of Money due to them for their Arrears of Pay for their Service in Ireland.

To which several Complaints Colonel Rosse, and the rest of the Captains of his Regiment, being present, gave the following Answers:

That, as to the Petitioners being reduced by Fourteen out of each Troop, it was by Order from his Majesty; which the Colonel produced; by which Orders, Directions were also given, to exchange the Horses of such reduced Men for those who were to continue in Service, that were more sit for that Purpose; and that the remaining Horses should be sold for the Advantage of the Whole; which was accordingly done:

That, as to the Stoppage of Three pence a Day, it was also by his Majesty's Order; which the Colonel produced at the Committee; and which, as to that Stoppage, is as followeth; viz.

"That so long as our Regiments of Horse and Dragoons shall be in the Field, and subsist upon the Forage they shall find there, there be deducted for our LightHorse, that receives the highest Pay, Six Stivers a Day from each Trooper and Corporal, allowed upon the Musters; and Three Stivers a Day from each private Soldier, Serjeant, and Corporal of Dragoons, in like Manner, allowed on the Musters; the Servants only excepted; which Sums, so stopped, are to remain in the Hands of the Paymaster General of our Forces, or his Deputy; and shall, at the End of the Campaign, be paid over, by Order of the Commander in Chief of our Light-Horse, to the several Colonels or Commanders of each Regiment, to be distributed to the respective Captains, for making their Recruits; who, after Provision made for so many Horses as shall be wanting, are to be accountable, for the Surplusage, to their respective Troopers: And the Colonel or Commander of the Regiment is to take care, that the same be duly performed accordingly."

Colonel Rosse said, That it was so far from having a Surplusage upon such Deductions in his Regiment, that most, if not every one of his Captains, were out of their own Pockets between One and Two hundred Pounds a Campaign for Recruit-Horses, as appears by Accounts charged to the several Captains:

That, as to the Stoppage for burnt Houses, it was by his Majesty's special Order, to make the Country and the Boors easy; that, in case any Fire should happen where any Quarters of Soldiers should be in the Villages, the Damages should be made good by the Regiment, proportionable from the Colonel, and the other Officers, to a private Man's Pay; and, upon the burning a small Tenement, some inconsiderable Matter was stopped from them accordingly; the like for a Bomb-Cart to carry their Powder and Ball, upon an extraordinary Occasion once happening:

And as to the Stoppage for Stockens, Cravats, and Swords, it was for such as the Soldiers had that exceeded, and were wanting in the Interval of Cloathing, which was to last them to the 21th of April next ensuing; and every Man had his Sword returned, or Six Shillings, which was the Price of it:

That, as to the Stoppage of One Farthing a Day, it was, by their own Request, and Contrivance among themselves, to be allowed to one of their Fellow-soldiers, as a Clerk to keep their Accounts; who was present, and owned the same; and went to more Uses, as appears in their stated Accounts with the said Clerk, and by them allowed and signed.

As to the Stoppage of Two-pence a Day, they received 12 Stivers, which is their complete 14d. at 10 Guilders 6 Stivers per Pound, being the Payment made by the King, and the whole Army, while in Flanders; and that the Exchange of Money has been 2 Guilders 10 Stivers less per Pound in Trading; yet they continued still at full:

And that, as to the Petitioners Demand of Cloathing, if they had not been reduced, they would have had Cloathing with the Regiment this Summer, the same being cloathed but once in Two Years, which was in May last was Twelvemonth: And that the Account of cloathing the Regiment is not to commence till the 21st of April next ensuing:

That, as to the Stoppage of One Penny per Day for Straw, it was for Straw delivered to the Regiment from the Magazine:

That, as to their Irish Arrears, it is the common Case with the whole Regiment; which when they are provided for, the Petitioners will receive Satisfaction therein.

And that, upon the whole Matter, the Committee came to the Resolution following; viz.

Resolved, That it is the Opinion of this Committee, That, whenever the Petitioners, or any other Soldiers of Colonel Rosse's Regiment, did apply themselves to the said Colonel, he always gave them Redress, upon their Complaints, to the utmost of his Power.

Upon the Petition of several Soldiers of Major Hugh Galbreith's Troop in Colonel Rosse's Regiment of Dragoons, now actually in his Majesty's Service:

That several of the Petitioners, appearing, alleged, That they wanted Three Months Pay, that was due to them from the Capitulation of Lymerick.

But that was answered, by the Major, to be a Debt due to the whole Regiment.

Gilbert Lendrum, one of the Petitioners, said, That, in the Year 1693, the Major took away his Horse from him, and gave him another not so good as his own; and also, upon the Clerk's accounting with, and paying him 4 l;. 10s. the Major, sitting by, after the Petitioner had signed his Accounts, commanded him to produce the said Money that was paid him; in which the Petitioner obeying him, the Major took the same from him, on a Pretence of some Demands, he said, was due from the Petitioner; which the Petitioner totally disowns was then owing to him:

That a Crown a Month was stopped from him whilst in Ireland; and Seven Shillings for Carriage of Arms: That he was forced to live upon Three Shillings a Month whilst the Stoppage of the Five Shillings was made upon him.

To which Complaint the Major owned the taking away the said Petitioner's Horse; but said, He gave him another more sit for Service in the room of him; and sold the Petitioner's Horse, being too tall for a Dragoon.

That the Major denied he ever took any Pay from the Petitioner, till the Petitioner proved the same by a Comrade that was in the Tent at the same time; and then said, If he did so do, it was for what the Petitioner owed him; and produced several Receipts under the Petitioner's Hand, purporting to be Receipts of the Balance of old Accounts, without mentioning any Sum; the which the Major urged against the Petitioner's Demands, and denied the Stoppage of Seven Shillings for Arms: And said, That, as to the Stoppage of Five Shillings a Month, it was stopped for Recruit-Horses in Ireland.

Army Arrears.

George Nixon, another of the Petitioners, said, That the Major took away his Horse; and stopped Five Pounds of his Subsistence for the Exchange of the Horse he gave him; and that his Major stopped Eleven-pence a Month for Hautboys out of his Subsistence at Galloway; and, for Troop-Charges, 1 l;. 1s.

To which the Major said, That the Horse he took from the said Nixon, was, because he was too low for the Troop, and he sold him for 5 l;.; and gave him another, which cost him 11 l;.:

And denied any Stoppage upon account of Hautboys, or Troop-Charges; because the Petitioners could not prove the same by their Accounts, which, some of them said, they never had any Accounts delivered, since they were in the Service.

John Russ complained, That he, being ordered to attend the General for Five Months, had, after such Service, the General's Order for Payment of his Pay, amounting to 7 l;.; and, when he came to have his Accounts made up, the Major asked him what he should give him for what was due to him: And the Petitioner telling him, He desired no more than the Balance of his Account; upon which the Major pulled out a Guinea, and told him, He would give him that, and Two more, for what was due to him; but he, refusing to take the same, has never had a Farthing to this time:

That the Major took away a sound Horse from him, and gave another that has proved glandered; and yet stopped 5 l;. 10s. out of his Subsistence, for the Exchange of his Horse; and stopped 5s. for the Return of his Pay.

To which the Major owned the changing of the Petitioner's Horse; but would not own the Matter of Account due to the Petitioner; but denied the same, or that he ever saw the General's Order for Payment of the said 7 l;.

That the said John Russ further complained, That, in Winter 169 6/7, the rest of the Troop, with himself, being ordered to attend the Lieutenant, to settle their Accounts, the Lieutenant asked him to sign his Accounts: And the Petitioner telling him, That he could not sign them, because there were several Items, that he was not satisfied were right: To which the Lieutenant said, with a great Oath, That his Troop had been complained of for going so slovenly and dirty; and that he would make the Petitioner an Example to the World, if he did not appear neat and cleanly: To which the Petitioner only replied, That, if he, the said Lieutenant, would give him wherewithal, he would appear as well as any body: Whereupon the said Lieutenant sell into a Passion, and said, You Dog! do you prate? And, with that, took up a very great Cane, that lay upon the Table, more sit to knock down a Horse, than to correct a Christian, and therewith laid the Petitioner several Blows over his Head and Shoulders, till he knocked him down; and, after he was down, and then senseless, beat him unmercifully, in the Presence of the whole Troop, to that Degree, that he has Reason to fear he had knocked his Brains out, if his Cane had not split, and the Petitioner then carried out of the Room by his Comrades:

That the said violent breaking and bruising his Head and Shoulders has occasioned such a Misfortune to the Petitioner, that the Humour, falling downwards, did, in a Month after, throw him into so violent a Rheumatism, that he has ever since lost the Use of his Limbs, and can neither go nor stand, though he has been eversince under Physicians Hands in Hospitals, and otherwise.

To which the said Lieutenant gave as Answer, That he did strike the Petitioner Two or Three Blows, for saucy Language, and in a Manner tending to Mutiny, being in the Presence and Hearing of the whole Troop, and in the Name of all the rest, saying, If the Lieutenant will give us wherewithal, we will appear as well as any-body: But that he believed his present Misfortune did no-ways proceed from the breaking of his Head.

And, to prove that, brought the Surgeon and Mate of the Regiment: Who said, They cured the Wounds in his Head in Eighteen Days; and that it was above a Month after, before he complained of any Ails in his Body, other than of his Shoulders, which were much bruised; but could not deny but that, before such Beating, the Petitioner was as healthful and sprightly a Soldier as any was in the Regiment.

The Lieutenant further insisted, That the Petitioner, after his beating him, and before his Rheumatism, did Duty; and therefore it was an Argument the Distemper did not rise from his beating him:

And, to that, produced the Surgeon also: Who said, That he had heard the said Rush was twice fluxed in the Hospital, before the Loss of the Use of his Limbs.

To which the Petitioner replied, That, before the Recovery of the Wounds in his Head, the Lieutenant sent the Petitioner an Horse to look after for him; which he refusing, not being able so to do, the Lieutenant commanded him to be set on Horseback, and made him do Duty once or twice, when he was not fit for Service; and now remains a miserable Person, ever despairing of the Use of either of his Legs whilst living: And that, as to his Fluxing, it was, by the Advice of the Physicians, for the removing the Rheumatism, and not for any other Distemper whatsoever.

And that, upon the whole Matter, the Committee came to the Resolution following; viz.

Resolved, That it is the Opinion of this Committee, That the Petitioners have made good the Suggestions of their said Petition against their Major Hugh Galbreith, and his Lieutenant.

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

Fitz-harris' Estate.

A Complaint being made to the House, That an Order hath been sent into Ireland, from the Committee of this House, to whom the Consideration of the Petition of Sir Henry Fitz-Harris is referred; whereby one Mr. Oliver, and all such other Persons as claim any Estate, or Interest to any Part of the Estate of the late Sir Edward FitzHarris Baronet, deceased, lying in the Kingdom of Ireland, were ordered to attend the said Committee on the 8th Instant, to shew Cause why a Bill should not be brought into Parliament to restore the said Sir Henry Fitz-Harris to the said Estate, according to the Prayer of his Petition: and that the said Mr. Oliver, and all other Persons concerned, should, at the same time, produce, and lay before the said Committee, all Writings and Evidences by which they claim their Title to the said Estate, and all other Writings relating to the same; whereas the said Committee were only to examine the Matter of the said Sir Henry FitzHarris's Petition, and report the same to the House;

Resolved, That, notwithstanding the said Order, the Persons summoned in Ireland shall not be obliged to attend the said Committee thereupon.

Suppressing Protaneness, &c.

A Motion being made, and the Question being put, That the Order of the Day be now read, for the House to resolve itself into a Committee of the whole House, upon the Bill for the more effectual suppressing of Blasphemy and Profaneness;

It passed in the Negative.

Earl of Macclesfield's Divorce.

Mr. Norris, according to Order, reported from the Committee of the whole House, to whom the ingrossed Bill, from the Lords, intituled, An Act for dissolving the Marriage between Charles Earl of Macclesfield, and Anne his Wife; and to illegitimate the Children of the said Anne; was committed; That they had heard the Counsel and Witnesses for the Earl of Macclesfield, and also the Counsel for the Countess of Macclesfield; and had agreed to the said Bill; and directed him to report the same to the House, without any Amendments; and he delivered the same in at the Table.

Resolved, That the Bill be now read the Third time.

The Bill was read the Third time.

Resolved, That the Bill do pass.

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

Suppressing Profaneness, &c.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill for the more effectual suppressing of Blasphemy and Profaneness.

Mr. Speaker left the Chair.

Mr. Speaker resumed the Chair.

The House being informed, That there was, in the Committee, a Difference who should take the Chair of the Committee;

Resolved, That Sir John Philips do take the Chair of the said Committee of the whole House.

Mr. Speaker left the Chair.

Sir John Philips took the Chair of the Committee.

Mr. Speaker resumed the Chair.

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

Ordered, That the Report be made upon Monday Morning next.

Supply Bill; Land-Tax.

Resolved, That this House will, To-morrow Morning, 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.