House of Commons Journal Volume 12: 22 March 1698

Martis, 22 die Martii;

10° Gulielmi Tertii.

Prayers.

WILliam Lloyd Esquire took the Oaths appointed, in order to his Naturalization.

Importing Goods in Elizabeth Flyboat.

Mr. Perry, according to Order, presented to the House a Bill for the importing several Goods and Merchandizes, laden at Jamaica on board the Ship called the Elizabeth Flyboat, paying such Customs as shall be due and payable for the same: And the same was received.

The Bill was read the First time.

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

Burlipp Roads.

A Bill for repair of the Highways from the Town of Burlipp, and the Top of Crickley-hill, in the County of Gloucester, to the City of Gloucester, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Mr. Ettrick, Sir Rowland Gwynn, Mr. Gwynn, Mr. How, Mr. Boscawen, Mr. Moyle, Mr. Perry, Mr. Mountstevens, Mr. Foley, Mr. Blofeld, Sir Godfry Copley, Mr. Stevens, Sir Wm. Cooper, Sir Fra. Masham, Sir Tho. Roberts, Mr. England, Lord Fairfax, Mr. Shackerly, Mr. Pinnel, Mr. Granville, Mr. Bickerstaffe, Sir Robert Burdet, Mr. Palmer, Mr. Sherrard, Mr. Ashby, Mr. Rowney, Mr. Osborne, Mr. Daniell, Sir Isaac Rebow, Mr. Trye, Mr. Stockdale, Sir John Kay, Mr. Lambton, Mr. Ashley, Mr. Mawdit, Mr. Hedger, Mr. Berkly, Sir John Cotton, Lord Coningsby, Lord Fairfax; and all the Members that serve for the Counties of Gloucester, Hereford, and Monmouth: And they are to meet this Afternoon at Five a Clock in the Speaker's Chamber.

Witnesses committed for Prevarication.

Mr. Colt acquainted the House, from the Committee, to whom the Petition of the Royal Lustring Company of England is referred, That Thomas Dewy and Thomas Mandrow, who were summoned to attend the said Committee, had prevaricated with, and refused to give satisfactory Answers to such Questions, as they were examined to, by the said Committee.

Ordered, That the said Thomas Dewy and Thomas Mandrow be taken into the Custody of the Serjeant at Arms attending this House.

Ettrick's Estate.

A Bill for vesting in Trustees certain Lands, Parcel of the Estate of Jane, late Wife of Anthony Ettrick Gentleman, to be sold, for Payment of Debts; and for the making a Provision for Elizabeth, their Daughter, an Infant, and Heir to her said Mother; was, according to Order, read a Second time.

Resolved, That the Bill be committed to * * * *.

Ditto.

A Petition of Henry Whistler Esquire, and Henry Griffith Merchant, was presented to the House, and read; setting forth, That, in 1673, Sir Samuel Starling was seised to certain Pieces of waste Grounds lying in and near the Town of Ebisham, in Surry; which, amongst other Lands, he devised to Trustees for Richard Starling his Nephew, for Life, with divers Remainders over: That the Trustees, and the said Richard, conveyed the said Pieces of Ground to the Petitioners, for 100 Years, at a full Consideration; who have built, and laid out several Thousand Pounds, thereon; but Richard is dead, leaving only a Daughter, who is married to Anthony, Ettrick, and hath a Bill depending in the House for vesting in Trustees certain Lands, Parcel of the Estate of Jane, late Wife of Anthony Ettrick Gentleman, to be sold, for Payment of Debts; and for making a Provision for Eliz. their Daughter, an Infant, and Heir to her said Mother; wherein the said Lands are included; and the Rent reserved on the Petitioners Lease is demanded by Samuel Starling, a Nephew to the said Sir Samuel, as Heir Male: A Suit in Chancery is also depending between the Petitioners, and the said Ettrick, touching the said Premises: And therefore they pray, That the said Bill may be rejected.

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

Ditto.

A Petition of Joseph Starling Gentleman, Samuel Starling Esquire, and Samuel Starling, an Infant, was presented to the House, and read; setting forth, That the Petitioners understand, there is a Bill depending in the House, for vesting in Trustees certain Lands, Parcel of the Estate of Jane, late Wife of Anthony Ettrick Gentleman, to be sold, for Payment of Debts; and for the making a Provision for Elizabeth, their Daughter, an Infant, and Heir to her said Mother: That the Petitioners are advised, they are intitled, or at least after the Death of Eliz. now about four Years of Age, to the said Estate intended to be sold: And praying, That they may be heard by Counsel against the said Bill.

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

Bridgewater Bridge and Quay.

Mr. Palmer reported from the Committee, to whom the Bill for the enlarging, and preserving, and repairing, the Bridge and Quay of the Borough of Bridgewater, in the County of Somersett, was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; 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, upon the Question severally put thereupon, agreed unto by the House.

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

Whitechurch Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for the electing a Burgess to serve in this present Parliament for the Borough of Whitechurch, in the County of Southampton, in the room of Christopher Stokes Esquire, deceased.

Exeter Work-houses.

Sir Edward Seaward, according to Order, presented to the House a Bill for erecting of Hospitals and Workhouses within the City and County of Exeter, for the better employing and maintaining the Poor there; And

The Bill was read the First time.

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

Colchester Work-houses.

Sir Isaac Rebow, according to Order, presented to the House a Bill for erecting Hospitals and Work-houses within the Town of Colchester, in the County of Essex, for the better employing and maintaining the Poor thereof: And the same was received.

Ordered, That the Bill be read To-morrow Morning.

Army Arrears.

Sir Marmaduke Wivell reported, from the Committee, to whom the Petition of John Jeanes and Christopher Hoskins, on behalf of themselves, and several others that were broke, out of his Grace the Duke of Ormond's Troop of Horse-Guards in Flanders, was referred, the Matter, as it appeared to the said Committee; and the Resolution of the Committee thereupon; 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.

Upon the Examination of the Petition of John Jeans, Christopher Hoskins, and others, broke, out of the Duke of Ormond's Troop of Guards:

Complaint was made by Roger Vaughan, That he paid Sixty Guineas to be admitted into the Troop; and Christopher Hoskins said, He paid 60 l. upon the same Account: But they, being asked how long it is since they gave that Money, did both of them say, It was about 15 Years ago, when the Duke of Ormond was not concerned in the Troop: And therefore the Committee did not think it necessary to inquire any further into that Matter.

John Jeans, Christopher Hoskins, and most of the other Petitioners, said, They mounted themselves when they came into the Troop; and paid 2s. 6d. per Month, towards buying Horses, whilst they staid in the Troop; and that, nevertheless, when they were broke, their Horses, and all their Accountrements, were taken from them:

Colonel Poultney, on the Behalf of the Duke of Ormond, allowed their Horses and Arms were taken from several of them, when they were broke; but insisted, That though they did buy their own Horses, when they came into the Troop, yet, as soon as they entered the Troop, the Horses were the King's: And if any of the Troopers had their Horses given, when they left the Troop, it was a Favour, and more than they could of Right demand:

He insisted further, That, when any Trooper is broke, his Accoutrements must be taken away, to equip the Man that comes into the Troop in his Stead:

And, as to the 2s. 6d. per Month; he answered, That it was paid towards remounting; and that those that lost their Horses whilst in the Troop were remounted with it; but that did not give them a Title to their Horses, when they were broke.

That Christopher Hoskins and Edmund Pryor complained, they were broke, and knew no just Cause for it:

Colonel Poultney answered, That Christopher Hoskins abused a Sutler; and Edmund Pryor was often drunk.

Chr. Hoskins said, He was not tried by any CourtMartial for abusing the Sutler; and that he only threw a Can of Beer in his Face:

Colonel Poultney said, That, by the Articles of War, private Troopers might be broke without a Court-Martial; and that, when Complaint is made of any private Trooper, the Colonel is Judge whether he deserves to be broke or no.

Hoskins further complained, That he paid Seven Months Off-reckonings for Cloaths, which he wore but Two Months; and were taken away from him when he was broke:

Colonel Poultney answered, That though he did not begin to wear his Cloaths till about May; yet they were bought in January, and the Account begins from that Time; and he paid for no longer Time than he was in the Troop.

That Edmund Pryor said, That his Cloaths were taken from him when he left the Troop; though new Cloaths were bespoke, and taken Measure for; which was contrary to the Custom of the Army:

Colonel Poultney allowed, That if he had staid in the Troop till new Cloaths came, and had been then broke, he should have had his old Cloaths given him; but said, He was broke in November; and though Measure might be taken for new Cloaths at that time, yet the Cloaths did not come; nor is the Cloathing reckoned to begin till January; and the Man that came into Pryor's Place, allowed Off-reckonings for the old Cloaths, from November till January.

That all the Petitioners complained. That they had paid considerable Sums of Money for Baggage-Horses, which were afterwards taken from them; and they had not their Money again for them:

Colonel Poultney replied, That Baggage-Horses were bought by the Colonel's Order, that cost 600 l. which was stopt out of the Arrears; and that the Troopers had the Use of them, till, by general Consent of the Officers, they were sold; and that the Money, which they were sold for, sell much short of what they cost; but that Sum he had offered to divide amongst them: He said further, That, when the Horses were bought, they paid very dear for them, by reason of the high Discount on Tallies; which made the Loss greater, when they were sold.

That Edmund Pryor complained, That he had 45 l. 2s. due to him for Off-reckonings:

Mr. Cornish answered, That he contracted with the Duke to provide Cloaths for the Troop; and produced the Contract; by which, he said, he was a considerable Loser; and, pursuant to that Contract, Mr. Pryor's Cloaths came to 40 l. 6s.: So that there is 4 l. 16s. due to him; which he was read to pay, if he would accept it.

That most of the Petitioners made a Complaint of the same Nature; and had an Answer to the same Purpose given them.

That William Perry complained, That Money was stopt from him for Cloaths that he never had:

Colonel Poullney answered, It was Five Years ago since those Cloaths were provided; and that he could not now prove, that they were delivered to him: But

Mr. Cornish said, He has since paid him 9 l. on the Account of Off-reckonings; which is all that is due to him.

Francis Kersey said, He has Money due to him for Subsistence:

Colonel Poultney produced an Acquittance in full of all Demands, under his Hand.

He pretended, That he was compelled by Threats to sign that Acquittance; but produced no Proof of it.

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

Resolved, That it is the Opinion of this Committee, That the Petition of John Jeanes, Christopher Hoskins, and others, broke, out of his Grace the Duke of Ormond's Troop of Guards, is groundless.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the Petition of John Jeanes, Christopher Hoskins, and others, broke, out of his Grace the Duke of Ormond's Troop of Guards, is groundless.

Liberation by Lords of Prisoners committed by the House.

The Lord Marquis of Hartington reported, from the Committee appointed to search Precedents, in what Manner this House, in like Cases with Charles Duncomb's Esquire, who was committed by this House to the Tower of London, and discharged by the Order of the House of Lords, have asserted their ancient Rights and Privileges, the Precedents which they have found; 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 read; and are as follow; viz.

(fn. 1) 2 Jacobi 1mi, 23 Maii.

Jones the Prisoner to be sent for hither; and to attend his Discharge from the House.—

That the Prisoners committed by us cannot be taken from us, and committed by any other.

18 Jacob. 1. Veneris, 16 Martii.

Another Message from the Lords, by the same Messengers; bringing the Names of some Prisoners.—By Command from this House, desire to have them delivered to their own Officers, that they may have the Examination of them at their Pleasure:—And delivered their Names; Geo. Gelder, * North, and others:—And desire to know, whether this House will send an Answer to the Lords this Day, who else will rise.

Upon the Question, Resolved, That all such of the Prisoners, as are in the Serjeant's Custody, whom the Lords shall require for Examination, shall be delivered to the Lords to be examined; and then to be remanded to the Custody of the Serjeant.

Veneris, 4 die Junii 1675.

The Commons acquainted the Lords at a Conference, as followeth; viz.

We are further commanded to acquaint you, That the Enlargement of the Persons imprisoned by Order of the House of Commons, by the Gentleman-Usher of the Black-Rod; and the Prohibition, with Threats, to all Officers, and other Persons whatsoever, not to receive or detain them; is an apparent Breach of the Rights and Privileges of the House of Commons: And they have therefore caused them to be retaken into the Custody of the Serjeant at Arms; and hath committed them to the Tower.

Lunæ, 7 die Junii 1675, post Meridiem.

Resolved, Nemine contradicente, That no Person committed for Breach of Privilege, by Order of this House, ought to be discharged during the Session of Parliament, but by Order or Warrant of this House.

Resolved, Nemine contradicente, That the Lieutenant of the Tower, in receiving, and detaining in Custody, Sir John Churchill, Serjeant Peck, Serjeant Pemberton, and Mr. Porter, performed his Duty, according to Law; and, for so doing, he shall have the Assistance and Protection of this House.

Resolved, Nemine contradicente, That the Lieutenant of the Tower, in Case he hath received, or shall receive, any Writ, Warrant, Order, or Commandment, to remove or deliver any Person or Persons committed for Breach of Privilege, by any Order or Warrant of this House, shall not make any Return thereof, or yield any Obedience thereunto, before he hath first acquainted this House, and received their Order and Directions how to proceed therein.

Ordered, That these Resolutions be immediately sent to the Lieutenant of the Tower.

Martis, 8 die Junii 1675.

Sir John Robinson, Lieutenant of the Tower, gives an Account to the House of his receiving the Persons, committed to the Tower, into his Custody, in Obedience to the Order of this House: And that the Black-Rod coming afterwards, with an Order from the Lords, and demanding them out of his Custody, he denied to deliver them, because they were committed by Order of this House: And that, after he had received the Votes of this House, last Night, relating to the said Persons, now Prisoners in the Tower by Order of this House, Sir Geo. Charnock, Serjeant at Arms attending the Lord Keeper of the Great Seal of England, brought him four several Writs of Habeas Corpus, under the Great Seal of England, for bringing the said several Persons, this Morning at Ten of the Clock, before his Majesty in his present Parliament at Westminster: And that he did, according to the Vote of this House, humbly crave the Advice and Direction of this House, what he should do therein.

And the Matter being debated;

Liberation by Lords of Prisoners committed by the House.

Mr. Speaker did, by the Direction of the House, intimate to Sir John Robinson, Lieutenant of the Tower. That he should forbear to return the said Writs of Habeas Corpus; acquainting him, That it was the Opinion of the House, That he could be in no Danger in not returning the same.

Mercurii, 9 die Junii 1675.

Resolved, Nemine contradicente, That no Commoners of England, committed by Order or Warrant of the House of Commons, for Breach of Privilege, or Contempt, of that House, ought, without Order of that House, to be by any Writ of Habeas Corpus, or other Authority whatsoever, made to appear and answer, and do and receive a Determination, in the House of Peers, during that Session of Parliament, wherein such Person was so committed.

Resolved, Nemine contradicente, That the Order of the House of Peers, for the issuing out Writs of Habeas Corpus, concerning Serjeant Peck, Sir John Churchill, Serjeant Pemberton, and Mr. Char. Porter, is insufficient, and illegal; for that it is general, and expresses no particular Cause of Privilege, and commands the King's Great Seal to be put to Writs not returnable before the said House of Peers.

Resolved, Nemine contradicente, That the Lord Keeper be acquainted with these Resolutions; to the End that the said Writ of Habeas Corpus may be superseded, as contrary to Law, and the Privileges of this House.

Resolved, Nemine contradicente, That a Message be sent to the Lords, to acquaint them, That Serjeant Peck, Sir John Churchill, Serjeant Pemberton, and Mr. Charles Porter, were committed by Order and Warrant of this House, for Breach of the Privilege, and Contempt of the Authority, of this House.

Veneris, 25 die Oct. 1° Guliel' et Mariæ.

Major Wildman also reports, That the Committee had made as much Examination, into what Precedents there are of Commitments by the Authority of the House, as the Shortness of the Time would permit: And that they do find several Cases of Commitments, and things of that Nature; as particularly,

Mitchell's Case, 1 Jacobi 1^mi.

Levett's Case, 19 Jacobi.

Sir John Bennett's Case.

The Case of the Light-houses.

Sir Francis Mitchell's Case.

Sir James Smith's Case, and others.

The Case of the Judges of King Charles the 1st, 14 Maii 1660.

Of Thurlow, 15 Maii. 1660.

Goods seized by the Serjeant, 16 Maii 1660.

The Lords Answer upon a Conference, 21 May 1660.

The Case of Milton, 16 June 1660.

The Serjeant delivered his Prisoners to the Tower, 25 Augusti 1660.

The Case of Fox, 30th August 1660.

Of the Transporters of Wool, 9 Novem' 1660.

Of Phillips, 13 Novemb' 1660.

Of Commissioner Pett, 31 Oct. 19 Car. 2^di.

All which Cases, in the Journals of 1660, and 19° Car. 2^di, were read.

And the House being informed, That several of the Prisoners in the Tower were now bailing in the Court of King's-Bench, being brought thither by the Governor of the Tower, by virtue of a Habeas Corpus, awarded for that Purpose; particularly Sir Tho. Jenner, Mr. Richard Graham, and Mr. Philip Burton;

Ordered, That Sir Thomas Jenner, Mr. Richard Graham, and Mr. Philip Burton, be immediately brought to this House, by the Governor of the Tower, to answer such Questions as shall be objected against them.

And Mr. Speaker issued his Warrant accordingly: And the same was sent by the Serjeant at Arms attending the House.

Afterwards, the Serjeant acquainted the House, That Sir Thomas Jenner was bailed, and gone out of Court: And that Mr. Graham was bailing in the Court: And that, notwithstanding, he had delivered the Warrant to the Governor of the Tower: And that he was coming, with Mr. Graham and Mr. Burton.

Liberation by Lords of Prisoners committed by the House.

Ordered, That Sir Thomas Jenner be sent for in Custody of the Serjeant at Arms attending this House, to answer to such Matters as shall be objected against him.

The House being informed, That Mr. Burton and Mr. Graham were at the Door;

They were severally called in, to the Bar of the House; and charged with the several Matters mentioned in the said Report; and heard what they could say touching the same.

Ordered, That Mr. Richard Graham, and Mr. Philip Burton, be committed to the Custody of the Serjeant at Arms attending this House, for several high Crimes and Misdemeanors objected against them.

Resolved, That a Committee be appointed to examine Witnesses against Mr. Graham and Mr. Burton; and to prepare a Charge against them.

Sabbati, 26 Oct. 1° Guliel. et Mariæ.

The House being informed, That the Earl of Castlemaine, Sir Edward Hales, Charles Hales Esquire, and Obadiah Walker, Prisoners in the Tower, were brought to the King's-Bench by the Governor of the Tower, by virtue of Habeas Corpora, in order to their Bailing;

Ordered, That a Warrant be sent to the Governor of the Tower, to bring immediately before this House the Earl of Castlemaine, Sir Edward Hales, Charles Hales Esquire, and Obadiah Walker, to answer such Matters as be charged against them.

Accordingly Mr. Speaker issued his Warrant: And the same was sent by the Serjeant.

The Serjeant at Arms acquaints the House, That the Deputy-Governor of the Tower informed him, That the Earl of Castlemaine was not brought from the Tower, having not moved for his Habeas Corpus; but that the Deputy-Governor had brought Sir Edward Hales, Mr. Charles Hales, and Obadiah Walker; and that they attended at the Door.

Then Sir Edward Hales, and Mr. Charles Hales, and Mr. Obadiah Walker, were severally brought in, to the Bar; and heard what they could say to the Matters they were severally charged withal.

And, being withdrawn;

Ordered, That Sir Edward Hales and Obadiah Walker, be charged in the Tower, by Warrant from this House, for High Treason, in being reconciled to the Church of Rome, and other High Crimes and Misdemeanors, wherewith they are charged by this House.

Ordered, That Mr. Charles Hales be discharged from any further Attendance upon this House.

Ordered, That a Warrant be sent to the Governor of the Tower, to bring the Earl of Castlemaine before this House, upon Monday Morning next, to answer such Matters as shall be charged against him.

Ordered, That Sir Thomas Jenner, in Custody of the Serjeant at Arms attending this House, be brought to the Bar of this House on Monday Morning next.

Lunæ, 28 die Octobris, 1° Guliel. et Mariæ.

The House being informed, That the Governor of the Tower had brought up the Earl of Castlemaine; and that they attended at the Door;

The Earl was brought in to the Bar; and heard what he could say to the Matters he was charged withal.

Ordered, That the Earl of Castlemaine be charged in the Tower, by Warrant from this House, for High Treason, and other high Crimes and Misdemeanors, in endeavouring to reconcile this Kingdom to the See of Rome.

The House being informed, That the Serjeant had brought up Sir Thomas Jenner; and that he attended at the Door;

He was called in, to the Bar; and charged with such things as the House had been informed of concerning him:

And he desiring time to answer thereunto;

Ordered, That Sir Thomas Jenner have time till this Day Sevennight, to answer to such Matters as he was this Day charged withal by this House; and that he do, in the mean time, continue in the Custody of the Serjeant at Arms.

Lunæ, 4 die Novembris, 1° Gulielmi et Mariæ.

The House being informed, That Sir Thom. Jenner attended at the Door, according to the Order of this Day Sevennight;

He was called in, to the Bar; and heard what he had to say to the Matters objected against him.

Ordered, That the said Sir Thomas Jenner be committed to the Serjeant at Arms attending this House.

Mercur. 23 die Jan. 6° Gulielmi.

Ordered, That the Commissioners for taking and stating the publick Accounts do, upon Friday Morning next, lay before this House their Observations of the Abuses, and ill Practices, committed by the several Agents of the Regiments of the Army.

Ordered, That the said Commissioners do then also lay before this House the Names of such of the Agents of the Regiments of the Army, as have neglected to attend them upon their Summons.

Ordered, That Agent Pauncefort do forthwith lay before this House a particular Account of all the Monies received from the Earl of Ranelagh, and the Times of such Receipts, since the 28th Day of May last; and how he has paid or disposed of the said Money; and when, and to whom, he paid the same; and what remains in his hands.

Jovis, 24 die Jan. Sexto Gulielmi.

Mr. Harley, from the Commissioners for taking and stating the publick Accounts, presented to the House, according to Order, their Observations of the Abuses, and ill Practices, committed by the several Agents of the Regiments of the Army; and also the Names of such Agents of Regiments, as have neglected to attend them upon their Summons: And the same was read; as is entered in the Journal.

Lunæ, 28 Jan. 6° Gulielmi.

Agent Tracy Pauncefort, attending according to Order, was called in; and presented to the House his Accounts of the Monies received of the Earl of Ranelagh, since the 28th Day of May last; and how he hath paid the same; and when, and to whom; and what remained in his hands: And was examined thereupon.

Agent Richard Roberts, attending according to Order, was called in; and examined.

Resolved, Nemine contradicente, That Richard Roberts, Agent to Colonel Langston's and Colonel Engoldsbye's Regiments, for contemptuously neglecting and refusing to attend the Commissioners for taking and stating the publick Accounts, upon their Precepts and Summons, be taken into the Custody of the Serjeant at Arms attending this House.

Agent William Wallis attending, according to Order;

He was called in; and examined.

Ordered, That the said Agent, William Wallis, be taken into the Custody of the Serjeant at Arms attending this House.

Resolved, That Agent Tracy Pauncefort, for neglecting to pay the Subsistence-money to the Officers and Soldiers that quartered at Royston, having Monies in his Hands to do the same, be taken into the Custody of the Serjeant at Arms attending this House.

Martis, 12 Febr. 6° Gulielmi.

Agent Pauncefort, attending in Custody, was called in; and examined:

And, refusing to answer to several Questions demanded by the House, he withdrew.

Afterwards he was called in again; and acquainted by Mr. Speaker, by Order of the House, That if he did not immediately answer to the said Questions, the House would proceed with the utmost Rigour and Severity against him;

And, he still persisting in his Refusal, he withdrew.

Resolved, Nemine contradicente, That Mr. Tracy Pauncefort, Agent to Colonel Hastings's Regiment, by obstinately refusing to answer to a Matter of Fact, demanded of him by this House, hath thereby violated the Privilege, and contemned the Authority of this House, and the fundamental Constitution thereof.

Ordered, That the said Mr. Tracy Pauncefort be committed Prisoner to the Tower of London: And that Mr. Speaker do issue his Warrant accordingly.

Ordered, That Mr. Tracy Pauncefort be brought to the Bar of this House, and, upon his Knees, receive the said Judgment.

Resolved, That this House will, upon Thursday Morning next, consider how to proceed further against the said Mr. Tracy Pauncefort.

Veneris, 15 Febr'; 7 Gulielmi Tertii.

Ordered, That Mr. Edward Pauncefort do attend the Commissioners for taking and stating the publick Accounts, in order to his being examined before them upon Oath: And that he do immediately after attend this House.

Sabbati 16 die Febr; 7° Gulielmi Tertii.

Mr. Edward Pauncefort, attending, according to Order, was called in; and examined.

Resolved, Nemine contradicente, That Mr. Edward Pauncefort, for contriving to cheat Colonel Hastings's Regiment of 500 Guineas, and for giving a Bribe to obtain the King's Bounty, be taken into the Custody of the Serjeant at Arms attending this House.

Resolved, That Mr. Henry Guy a Member of this House, for taking a Bribe of 200 Guineas, be committed Prisoner to the Tower of London: And that Mr. Speaker do issue his Warrant accordingly.

Jovis, 7 die Martii; 7° Gulielmi Tertii.

Mr. James Craggs attending, according to Order; he was called in:

And his Answer to the Commissioners for taking and stating the publick Accounts being read, he owned the same.

And it being demanded, by Order of the House, Whether he would produce his Books, and be examined before the said Commissioners, upon Oath, touching his Accounts, he excused, and refused to produce his said Books:

And being acquainted by Mr. Speaker, by Order of the House, That if he persisted in his Refusal, that the House would proceed with all Rigour and Severity; . . . . .

Resolved, That Mr. James Craggs, one of the Contractors for the Cloathing of the Army, for refusing to produce his Books of Accounts, thereby obstructing the Inquiry of this House into the Disposal of the publick Monies, be committed Prisoner to the Tower of London: And that Mr. Speaker do issue his Warrant accordingly.

Martis, 26 Martii; 7° Gulielmi Tertii.

Mr. Harley, from the Commissioners for taking and stating the publick Accounts, reported the further Examination of Mr. Edward Pauncefort: And that Mr. Richard Harnage, one of the Contractors for Cloathing of the Army, had refused to be examined, upon Oath, before the said Commissioners, in relation to the said Cloathing, and the Accounts thereof.

Ordered, That a Bill be brought in to oblige Mr. Edward Pauncefort do discover how he disposed of the Monies, paid into his Hands, relating to the Army; and for punishing him, in case he shall not make such Discovery.

Ordered, That Mr. Tracy Pauncefort, Mr. James Craggs, and Mr. Richard Harnage, be included in the said Bill: And that Mr. Harley do prepare, and bring in, the said Bill.

The House, according to the Order of the Day, proceeded further in the Consideration of the Report from the Committee appointed to inspect the Books of the EastIndia Company, and of the Chamberlain of the City of London.

Ordered, That Sir Thomas Cook do give an Account, to this House, how the 87,402 l. 12s. 3d. in the said Report mentioned, was distributed.

Which he refusing to do; and being heard;

And being withdrawn;

Liberation by Lords of Prisoners committed by the House.

Resolved, That Sir Thomas Cook, a Member of this House, having refused to give an Account, how the said 87,402 l. 12s. 3d. was distributed; be committed Prisoner to the Tower of London: And that Mr. Speaker do issue his Warrants accordingly.

Ordered, That a Bill be brought in to oblige Sir Tho. Cooke to give an Account, to whom he paid and distributed the said 87,402 l. 12 s. 3 d. and other Sums of Money, mentioned, in the said Report, to be received and distributed by him: And that Mr. Bridges do prepare, and bring in, the Bill.

Jovis, 28 Martii; 7° Gulielmi Tertii.

Mr. Bridges, according to Order, presented the said Bill; which was read the First time; and ordered a Second Reading.

Veneris, 29 Martii.

The said Bill was read a Second time; and committed to a Committee of the whole House.

Sabbati, 30 Martii.

A Petition of Sir Thomas Cook was presented to the House, and read; praying, That he may be heard against the said Bill, before the Passing thereof.

Resolved, That Sir Thomas Cooke be heard by his Counsel, upon the said Petition.

Lunæ, 1 die Aprilis; 7° Gulielmi Tertii.

Mr. Harley, according to Order, presented to the House a Bill to oblige Mr. James Craggs, and Mr. Richard Harnage, to discover how some of the Monies relating to cloathing the Army have been disposed of; and for punishing them, in case they shall not make such Discovery: And the same was received; and read the First time.

Ordered, That Mr. Richard Harnage, concerned in the eloathing the Army, for refusing to answer, upon Oath, before the Commissioners for examining, taking, and stating, the publick Accounts, concerning the Monies by him received, thereby obstructing the Inquiry into the Disposal of publick Money, be taken into Custody of the Serjeant at Arms attending this House.

Jovis, 4 die Aprilis.

Mr. Harley presented a Bill for punishing of Tracy Pauncefort, and Edward Pauncefort, for corrupt Practices, in with-holding Money from the Officers of the Army: And the same was received; and read the First time.

Sabbati, 6 Aprilis; 7° Gulielmi Tertii.

The Counsel for Sir Tho. Cook attending;

They were called in.

And his Petition was read: And also the ingrossed Bill to oblige him to give an Account, to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East-India Company, was read the Third time.

And the Counsel were heard.

And, being withdrawn;

Resolved, That the Bill do pass.

Sabbati, 13 die Apr.; 7° Gullielmi Tertii.

A Message from the Lords, by Sir Miles Cook and Mr. Pitt:

Mr. Speaker,

Their Lordships, having under their Consideration a Bill, intituled, An Act to oblige Sir Thomas Cook to give an Account, to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East-India Company, do desire, That Sir Thomas Cook, a Member of this House, and now in the Tower by Order of this House, may be permitted and ordered to appear at the Bar of the Lords, when desired: And that this House would transmit to their Lordships such Papers as are now before this House, relating to the Matter of the said Bill.

Ordered, That Sir Thomas Cook do attend the House of Lords, as the Lords do desire: And that Mr. Speaker do issue his Warrant accordingly.

Resolved, That, as to the other Part of the said Message, this House will send an Answer by Messengers of their own.

And the Messengers were called in again: And Mr. Speaker acquainted them therewith.

Resolved, That such Papers as are now before this House, being original Warrants relating to the 77,258 l. mentioned in the said Bill, be delivered to the Lords at a Conference: And that the Lords be acquainted, That the Warrants, on which the 90,000 l. was issued, or the Receipt Sir Tho. Cook gave for the same, are not before this House, but were seen in the East India Company's Books, by a Committee appointed by this House to inspect the same.

Sir Richard Onslow reported from the Conference, That they had delivered the Warrants, and acquainted the Lords, as the House had directed.

Martis, 16 die Apr'; 7° Gulielmi 3ii.

A Message from the Lords, by Sir Miles Cook and Sir Robert Legard:

Mr. Speaker,

The Lords do desire, That this House would give Leave, That Sir Tho. Cook, a Prisoner by Order of this House, may go, in Custody, to inspect his Papers, in order to a speedy Discovery in what manner the Sums of 77,258 l. and 90,000 l. mentioned in the Bill, intituled, An Act to oblige Sir Tho. Cook to give an Account to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East-India Company, were distributed.

And, the Messengers being withdrawn;

Resolved, That Sir Thomas Cook have Leave to go, in Custody, to inspect his Papers, as the Lords do desire.

Ordered, That Mr. Speaker do issue his Warrant, for Sir Thomas Cook to go, in Custody, for Two Days, to inspect his Papers.

And the Messengers being called in again; Mr. Speaker acquainted them, That the House had considered the Message; and had given Leave, That Sir Thomas Cook may go, in Custody, to inspect his Papers, as the Lords desire.

Mercurii, 17 Apr'; 7° Guliel. Tertii.

A Message from the Lords, to desire a present Conference with this House, upon Matters relating to Sir Thomas Cook.

To which the House agreed: And Mr. Speaker acquainted the Messengers therewith.

And Managers were appointed to manage the said Conference: Who went to the Conference.

And, being returned;

Sir Christopher Musgrave reported the Conference, as it is entered in the Journal.

Veneris, 19 Apr'; 7° Gulielmi Tertii.

An ingrossed Bill from the Lords, intituled An Act to indemnify Sir Tho. Cook from Actions which he might be liable to by reason of his Discovery to whom he paid, and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East-India Company, or for any Prosecution for any such Distribution, was read the Third time, and passed; with Amendments.

Ordered, That Mr. Bridges do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, with some Amendments: To which they desire their Lordships Concurrence.

A Message was sent from the Lords, That they had agreed to the Amendments made by this House to the said Bill.

Sabbati, 27 Apr'; 7° Gulielmi Tertii.

An ingrossed Bill to oblige James Craggs, and Richard Harnage, to discover how some of the Monies relating to cloathing the Army have been disposed of; and for punishing them, in case they shall not make such Discovery; was read the Third time; and passed.

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

An ingrossed Bill for punishing of Tracy Pauncefort, and Edward Pauncefort, for corrupt Practices, in withholding Money from the Officers of the Army, was read the third Third time.

Ordered, That the Bill do lie upon the Table.

Duncomb ordered into Custody.

Resolved, That no Person committed by this House, can, during the same Session, be discharged by any other Authority whatsoever.

Charles Duncomb Esquire having been committed by Order of this House, and afterwards discharged by the Order of the House of Lords, without the Consent of this House;

Resolved, That the said Charles Duncomb be taken into the Custody of the Serjeant at Arms attending this House.

Answer to Lords for a Member to attend them.

The House proceeded to take into Consideration the Message from the Lords Yesterday, touching Mr. Robert Bertie:

Ordered, That a Committee be appointed to draw up, upon the Debate of the House, an Answer to be given to the said Message: And that they do immediately withdraw into the Speaker's Chamber, and draw up the same.

And it is referred Mr. Mountague, Lord Coningsby, Sir Richard Onslow, Sir Hen. Hobart, Lord Powlett, Sir Edward Seymour, Sir Tho. Dyke, Mr. Molesworth, Mr. Boscawen, Mr. Bromley, Mr. Norris, Lord Hartington, Mr. Smith, Lord Spencer, Mr. Harley, Mr. Clark, Mr. Newport, Sir Tho. Littleton, Sir Robert Rich, Mr. Kendall, Mr. Boyle, Mr. Gwynn, Mr. Foley, Sir Rowland Gwynn, Lord Ashley.

Supply Bill; Land Tax.

The Order of the Day being read, for the House to resolve itself into a Committee of the whole House, to consider 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 the Question being put, That Mr. Speaker do leave the Chair;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The House resolved itself into a Committee of the whole House accordingly.

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, resolve itself into a Committee of the whole House, to consider further of the said Bill.

Committees.

Ordered, That all Committees be adjourned.

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