House of Commons Journal Volume 12: 27 April 1699

Jovis, 27 die Aprilis;

Undecimo Gulielmi 3tii.

Prayers.

Salt Duty.

A PETITION of Thomas Bendish, of Southtown, in the County of Suffolk, Esquire, and others, was presented to the House, and read; setting forth, That they did, in the Year 1694, 1695, and 1696, import several Quantities of Newcastle Salt, to be refined at their several Works; for which the Duties, payable by an Act of the Fifth and Sixth Years of his Majesty, were answered, and paid: That, by an Act made in the Seventh and Eighth Years of his Majesty's Reign, a further Duty of 1½ d. per Gallon is laid on all Rock-Salt refined; which hath been duly paid: That the Commissioners of Excise have caused Informations to be brought against the Petitioners, for Non-payment of the said Duty, before the same commenced: And praying Relief.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for the full and effectual charging the Duties upon Rock-Salt is committed.

Sick and wounded Seamen.

A Petition of many Inhabitants of the Town of Chatham, in the County of Kent, many of which are Innholders and Victuallers, was presented to the House, and read; setting forth, That they have entertained great Numbers of sick and wounded Seamen sent on shore, from his Majesty's Ships, for which they have great Sums of Money due to them: And praying Relief.

Ordered, That the said Petition do lie upon the Table.

Distillation from Corn.

A Petition of the Distillers of Spirits in the City of Bristoll was presented to the House, and read; setting forth, That, by the Act, passed this Session, to prohibit the excessive Distilling of Spirits, and low Wines, from Corn; and against Exportation of Beer and Ale; and to prevent Frauds in Distillers; the Petitioners are subjected to great Penalties, incurred in February and March last, before the passing the said Act: And praying they may be discharged from such Penalties.

Ordered, That the said Petition do lie upon the Table until the Bill for laying further Duties upon Sweets; and for lessening and settling the Duties as well upon Vinegar, as upon low Wines drawn from certain Materials, and the Duties upon Brandy imported; and for the more easy raising the Duties upon Leather; and for Charging of Cinders; be read a Second time.

Cowslade's Estate.

Mr. Scobell reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for selling divers Freehold and Leasehold Houses, the Estate of Thomas Cowslade, an Infant, and others, to discharge a Mortgage; and to purchase other Lands, to be settled to the like Uses; was committed; That they had examined the Allegations therein contained, and found the same to be true; there being produced the Deeds following; viz. Two Deeds inrolled, both bearing Date 15th May 1677: Two Deeds, bearing Date the 14th and 15th of May 1677; to wit, the 14th May, a Deed of Confirmation; the 15th, an Assignment of several Leases: The Will of Thomas Hatton, dated 16th January 1692: the Deed of Mortgage for 5,000 l. dated 12th March 1688, to Jeffry and John Jeffrys Esquires: And Joseph Cowslade, and Thomas Cowslade his Son, Francis Hatton, for the Son of Thomas Hatton, William Franklyn, for himself and Children, appeared personally, and gave their several Consents to the passing the said Bill: And that the Committee had directed him to report the Bill to the House, without any Amendments: And he delivered the same in at the Clerk's Table.

Army Arrears.

Mr. Hancock reported, from the Committee, to whom the Petition of Thomas Dilks and Patrick Mullins, in behalf of themselves, and others, belong . . . to the Descent Train of Artillery, commanded by Sir Martin Beckman, 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.

That it appearing to this Committee, That the Petitioners were mustered from the First of November 1692, and remained upon the said Muster till the last of March 1693, being Five Months Pay then due; at which time they were discharged without any Pay, some time after several of them were paid their full Pay, which was upon the same Foot and Establishment with the Petitioners: Sir Martyn Beckman owned, those that were paid was only upon Account of their Five Months Arrears; and that he had no Order to discharge the Petitioners till the last of March; at which time he had an Order from the Ordnance-Board, with the Office Seal prefixed, to discharge them.

Mr. Whiteing, First Clerk to the Chief Clerk of the Ordnance, did acknowlege, he had no Order to discharge them until the last of March.

Whereupon the Committee came to this Resolution following; viz.

Resolved, That it is the Opinion of this Committee, That, upon examining, the Petitioners belonging to the late Descent, who appear unpaid, are justly and duly intitled to the said Five Months Pay, from the First of November 1692; to the last of March following 1693; and ought to be paid their said Arrears, as others have been paid, who are on the same Foot and Establishment.

The said Resolution being read a Second time;

Resolved, That the said Report be re-committed.

Apprehending Felons.

The House, according to Order, took into Consideration the Report from the Committee, to whom the Bill for the better Apprehending, Prosecuting, and Punishing, of Felons, that commit Burglary and Housebreaking, or Robbery in Shops and Warehouses, was committed:

And the Amendments, made by the Committee to the Bill, were read the First time; and then a Second time, one by one; and, upon the Question severally put thereupon, several of them were agreed unto by the House.

Clause C being read a Second time, That any Person that shall apprehend, or prosecute to Conviction, any Felon, shall have, as a Reward, the Money, Horses, and Goods, of such Felon, that shall be taken with him;

And the Question being put, That the House do agree with the Committee in the said Amendment;

It passed in the Negative.

Clause E being read a Second time, That if any Person, produced as a Witness, shall give Evidence on behalf of any Person that shall stand charged, after the said 20th of May, of any criminal Offence, the Judge shall administer an Oath to this Effect; viz. The Evidence that you shall give to the Court, and the Jury, in behalf of the Prisoner at the Bar, shall be the Truth, the whole Truth, and nothing but the Truth: So help you God. And if such Person shall perjure himself, shall incur and suffer such Penalties, upon Conviction, as the Law requires;

And the Question being put, That the House do agree with the Committee in the said Amendment;

It passed in the Negative.

A Clause being offered to the House, to be added to the Bill, That * * * *

The same was twice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

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

Suppressing Lotteries.

An ingrossed Bill to suppress the Royal Oak Lottery. and all other Lotteries, was, according to Order, read the Third time.

An ingrossed Clause was offered, as a Rider, to be added to the Bill, for lengthening the Time for Continuance of the Lotteries, in respect of a Lottery for disposing the Estate of Sir Charles Bickerstaffe:

And the Question being put, That the Clause be rereceived;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

The Clause was received, with Blanks therein:

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

And then the same was, by Leave of the House, withdrawn.

Then an Amendment was proposed to be made in the Bill, Pr. * L. * and Pr. * L. * by leaving out "September," and inserting "December," instead thereof:

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 for suppressing of Lotteries.

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

A Message from the Lords, by Sir John Hoskins and Sir Robert Legard:

Mr. Speaker,

Conway's Estate.

The Lords have agreed to the Bill, intituled, An Act to enable Popham Conway, Francis Seymour, and Charles Seymour, Esquires, and their Issue Male, severally and successively, to make Leases of their Estates, without any Amendments: Also,

Pulteney's Estate.

They have agreed to the Amendments, made by this House, to the Bill, intituled, An Act for the enabling the surviving Trustees of Sir William Pulteny Knight, deceased, to make Leases for the raising Monies for Payment of his Son William Pulteny's Debts; and other Purposes therein mentioned: Also,

Supply Bill; Land Tax.

They have agreed to the Bill, intituled, An Act for granting to his Majesty the Sum of One Million Four hundred Eighty-four thousand and Fifteen Pounds One Shilling Eleven-pence Three Farthings, for disbanding the Army, providing for the Navy, and for other necessary Occasions, without any Amendments: Also,

Raising Militia.

They have agreed to the Bill, intituled, An Act for raising the Militia for the Year 1699, although the Month's Pay, formerly advanced, be not repaid, without any Amendments: Also,

Posthumous Children to inherit.

They have agreed to the Bill, intituled, An Act to enable posthumous Children to inherit their Father's Estate, with an Amendment: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Ditto.

The House took the said Amendment into Consideration:

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House; and is as followeth; viz.

In the Title, instead of "inherit their Father's Estate," read "take Estates, as if born in their Father's Lifetime."

Ordered, That the Lord Cornbury do carry the Bill to the Lords, and acquaint them, That this House hath agreed unto the said Amendment.

Bernardeau's, &c. Nat.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act to naturalize Samuel Bernardeau, Peter Chantreau des Gaudree, and others, private Gentlemen belonging to his Majesty's Three Troops of Guards, and Grenadiers, be read the Third time To-morrow.

Collier's, &c. Nat.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act for naturalizing Sir David Collier, Isaac le Mellioniere, Peter de Belcastel, and William Rejatore, be read the First time To-morrow.

Cloribus' &c. Nat.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act for naturalizing Augustin Cloribus, and others, be read the First time To-morrow.

Billingsgate Market.

The Managers appointed went to the Conference.

And, being returned;

Sir Thomas Davall reported from the Conference, That the Earl of Bradford managed the same; and acquainted them, That the Lords do insist on the Amendment, made by them, being Clause A, to the Bill, intituled, An Act for making Billingsgate a free Market for Sale of Fish: For which they gave their Reasons; which he reported to the House; and are as followeth; viz.

* * * *

And the said Clause being read;

And the Question being put, That this House do insist on their Disagreement with the Lords in the said Amendment;

It passed in the Negative.

Ordered, That Sir Thomas Davall do carry the Bill to the Lords, and acquaint them, That this House doth not insist upon their Disagreement to the said Amendment.

Supply Bill; Salt Duties.

Resolved, That this House will, To-morrow at Eleven a Clock, resolve itself into a Committee of the whole House to consider of the Bill for the full and effectual charging the Duties upon Rock-Salt; and nothing to intervene.

Half-Pay Officers.

The House according to Order, proceeded to take into Consideration the Matter of the Half-Pay to the Officers of the Army.

Resolved, That Half-Pay be allowed only to such Commission Officers, natural-born Subjects, as have been disbanded since the 10th of September 1697, and were upon the Muster-rolls at the time of being disbanded.

Resolved, That no such Officer shall be intitled to the said Half-Pay, that hath already been cleared, or otherwise provided for; nor any longer than till he shall be cleared, or otherwise provided for.

Resolved, That from the Five-and-twentieth of March 1699, the Officers of Foot be allowed Half-Pay for their Servants, according to the present reduced Number of Servants; and that, from the said 25th of March, no Officer of Horse, or Dragoons, be allowed Half-Pay for any Servant.

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 graciously pleased to prefer the disbanded Officers, born within his Majesty's Dominions, and intitled to Half-Pay, as Vacancies shall happen.

Supply Bill; Duties on Sweets.

A Bill for laying further Duties upon Sweets; and for lessening and settling the Duties, as well upon Vinegar, as upon low Wines drawn from certain Materials, and the Duties upon Brandy imported; and for the more easy laying the Duties upon Leather; and for Charging of Cinders; was, according to Order, read a Second time.

Resolved, That the Bill be committed to the Committee of the whole House, to whom the Bill for the full and effectual charging the Duties upon Rock-Salt is committed.

Ordered, That the Consideration of the Petition of the Distillers of Bristol be referred to the said Committee.

Ordered, That the said Committee have Power to receive a Clause of Appropriation.

Ordered, That it be an Instruction to the said Committee, That they have Power to receive a Clause for the Importation of Pearl-Ashes, of the Growth of Germany.

Ordered, That it be an Instruction also to the said Committee, That they have Power to receive a Clause, That Whale-Fins, taken in the Seas of his Majesty's Plantations, in America, do pay no more Duty than those paid by the Greenland Company.

Ordered, That it be an Instruction also to the said Committee, That they have Power to receive a Clause for the more effectual preventing Brewers from using Molosses in the Brewing-Trade.

Committees.

Ordered, That all Committees be adjourned.

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