House of Commons Journal Volume 11: 8 February 1694

Jovis, 8 die Februarii;

5° Gulielmi et Mariæ.

Prayers.

Privilege—Persons reprimanded and discharged.

CHarles Goupye, John Appleby, and Richard Wootton, were, according to Order, brought to the Bar: Where they upon their Knees, received a Reprimand from Mr. Speaker.

Ordered, That the said Charles Goupye, John Appleby, and Richard Wootton, be discharged out of Custody, paying their Fees.

Chaplin's Estate.

Mr. Christy reported from the Committee, to whom the Bill for the Sale of the Estate of Susan Chaplin, and Dorothy her Daughter, for Payment of Debts, and makeing a Provision for the said Susan and Dorothy, was committed, That they had examined and considered the same; and also the Petition of Edward Pickering Esquire the Examination and Consideration whereof was referred to the said Committee; and that they had made several Amendments to the Bill; which they had directed him to report to the House; and which he read in his Place, with the Coherence; 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.

Merchants Insurers Creditors.

A Petition of Alexander Burnot was presented to the House, and read; setting forth, That the Bill to enable divers Merchants Insurers, that have sustained great Losses by the present War with France, the better to satisfy their several Creditors, is re-committed, to the end the Creditors may be heard: That the Petitioner is a Creditor, and hath sustained great Losses by some of them: And praying to be heard by Counsel before the Passing of the said Bill.

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

St. John of Wapping Parish.

A Bill for the Endowment of a Chapel at Wapping, and making of it Parochial, and distinct from the Parish of Whitechapel, was read the Second time.

Resolved, That the Bill be committed to Sir Tho. Littleton, Sir William Cook, Lord Cornbury, Mr. Vincent, Colonel Perry, Sir Fra. Guibon, Sir Wilf. Lawson, Sir Mat. Andrews, Mr. Hungerford, Mr. Smith, Mr. Christy, Mr. Hedger, Mr. Gilbert, Mr. Gwyn, Mr. Trenchard, Sir Tho. Clarges, Mr. Bridges, Sir Cha. Raleigh, Sir Tho. Haslerigg, Mr. Onslow, Mr. Blofield, Lord Colchester, Mr. Lutterell, Mr. Foley, Sir Ra. Dutton, Sir Robert Cotton, Sir Robert Davers, Sir John Guise, Sir Steph. Evans, Mr. Nicholas, Sir Hen. Johnson, Sir John Parsons, Mr. Bowyer, Mr. Neale, Mr. Price, Sir Edward Hussey, Sir Richard Hart, Mr. Lewes, Mr. Johnson, Mr. Butler, Mr. Parsons, Mr. Finch, Mr. Manaton, Mr. Boyle, Mr. Arnold, Mr. Mountague: and all the Members that serve for the Cities of London and Westminster, and County of Middlesex: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Ditto.

Ordered, That the Examination and Consideration of the several Petitions of Doctor Paine Rector of the Parish of Whitechapel, and of William Nicholas Gentleman, formerly presented to the House, and read, be referred to the Committee, to whom the said Bill is committed.

Basingstoke Franchise.

A Petition of the Corporation of Basingstoke in the County of Southampton was presented to the House, and read; setting forth, That the Petitioners did formerly send Memebrs to serve in Parliament; which was discontinued upon Petition of their Ancestors: And praying, That they may be restored to their ancient Right of sending Members to Parliament.

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

Worcester Return amended.

The Clerk of the Crown attended, according to Order, and amended the Return for the City of Worcester, by raising out the Name of Samuel Swift Esquire; and inserting the Name of Charles Cocks Esquire, instead thereof.

Conference with Lords.

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

Mr. Speaker,

The Lords desire a present Conference with this House, in the Painted Chamber, upon the Subject-matter of the Conference upon the 16th Day of January last.

And then the Messengers withdrew.

Resolved, That this House doth agree to a Conference with the Lords, as the Lords do desire.

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

Resolved, That the Managers that managed the former Conference do manage this Conference.

And the Managers went to the Conference.

And, being returned;

Colonel Granvill reported, That they had attended the Conference: And that the Duke of Bolton managed the same on behalf of the Lords; and acquainted them, That they had desired this Conference for the maintaining a good Correspondence with this House; and that the Lords would be always ready to join with this House in any thing for the Prosperity of the Government; and, that in order thereunto, acquainted them, That having, the 16th Day of January last, communicated to them at a Conference, That the Lords having had laid before them, by the Earl of Nottingham, an Extract of a Letter, dated from Paris, June 1st, N. S. received May 30th, O. S. 1693, as followeth; viz.

"There are 68 Ships, in which there are 30,118 Men, and 4,876 Guns.

"We have News since, That this Fleet is sailed, and was out of Sight."

And whereas, upon an Address to the King, such Lords as are of the Privy-Council had Permission, from his Majesty, to acquaint this House, when the Intelligence of the French Fleet's sailing from Brest was communicated to the Admirals of the Fleet: Several of those Lords did, thereupon, inform the House, That the Letter mentioned by the Earl of Nottingham was laid before the Committee of Council; and took it for granted, that the Intelligence therein mentioned was sent to the Admirals of the Fleet: But it not appearing clearly, whether it was so communicated, or not, this House does desire of the House of Commons, That they will inquire, by the most proper Methods, of the Members of their House that are of the Privy-Council, Whether this Intelligence, of the French Fleet's being sailed out of Brest, was communicated to the Admirals of the Fleet; and when it was so communicated.

Upon which their Lordships hoped, That some further Information might be had by those that are of the PrivyCouncil in this House, in order to the Discovery of the Causes of some of the Miscarriages in the last Summer's Expedition at Sea: But their Lordships, not having yet heard any thing from this House concerning this Matter, thought fit, at this Conference, to remind them of it, as a Business the Lords conceive to be of great Consequence, and fit to be inquired into.

Resolved, That this House will, To-morrow Morning at Eleven a Clock, take into Consideration the Report of the said Conference.

Leave of Absence.

Ordered, That Mr. Charles Bertie have Leave to go into the Country for a Week, upon extraordinary Occasions.

A Motion being made, and the Question being put, That Mr. Okeden have Leave to go into the Country for a Fortnight;

It passed in the Negative.

Ordered, That Mr. Taylor have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Ordered, That Mr. Bridges have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

Ordered, That Sir Tho. Hussey have Leave to go into the Country for Three Weeks, his Lady being very ill.

Call of the House.

Ordered, That the Call of the House be adjourned until Monday Morning next, Eleven a Clock.

Leathercutting.

Sir Edward Hussey reported from the Committee, to whom the Bill for making more effectual a Statute, made in the First Year of King James the First, concerning Tanners, Curriers, Shoemakers, and others occupying the cutting of Leather was committed, That they had considered the same; and also the Petition of the Company of Leathersellers, the Examination and Consideration whereof was referred to the said Committee; and had made several Amendments to the Bill; which they had directed him to report to the House; and which he read in his Place, with the Coherence; and afterwards delivered in at the Clerk's Table.

Ordered, That the said Report be proceeded upon To-morrow Morning.

Privilege.

Mr. Bowyer reported, from the Committee of Elections and Privileges, the Matter touching the Complaint of the Breach of Privilege against Sir Ralph Dutton, a Member of this House; and also the Matter upon the Petition of John Grevile, the Examination and Consideration whereof was referred to the said Committee; the Matter, as it appeared to the Committee: The which he delivered in, in Writing, at the Clerk's Table: Where the same was read; and is as followeth; viz.

Privilege.

On the Behalf of the Petitioner; It was testified by William Major, That he knew the Tree in Question, called Forden Elm: That an old Man told him, He was at the Setting of the Tree; and that it was set by Order of one of the Ancestors of the Petitioner: That it grows in an Highway, near an House and Farm, called Forden Farm, which belongs to the Petitioner.

John Whitethorne testified, It was within the Manor of Ashley, which was a Manor of itself: That he had known it these Thirty-five Years: That formerly the Petitioner's Father had cut down some of the dead Boughs off from the said Tree: That the Manor of Ashley came up on both Sides of the said Tree: That the Father of the Petitioner appeared at Sir Ralph Dutton's Court for his Manor of Cheltenham; but it was for some customary Lands, not for the Manor of Ashley.

Richard Whitehall takes it to be Mr. Grevill's Tree, the Ground on both Sides being his; but that Forden House and Farm is his elder Brother's, Giles Grevill's.

Thomas Geff, the Constable, testified, That the Petitioner was upon his own Ground when Mr. Prynn offered to take away his Gun: That he had a Warrant of Sir Fleetwood Dormer's against the Rioters that had cut down the Tree, and to search for the Wood of it: That the Petitioner had above 100l. per Annum, in his own and his Wife's Right, in Land, &c.; and so qualified to keep a Gun: That the Tree lies still where it was cut.

Richard and John Whitethorne testified, The Petitioner delivered his Gun, at the Request of the High-Constable, though upon his own Ground, and qualified to keep a Gun, having above 100l. per Annum.

Richard Longford testified, That there are Two Actions at Law brought; one for the Tree, the other for the Battery.

On the Behalf of Sir Ralph Dutton; It was testified by William Wills, That the Tree grew upon the Waste of Sir Ralph Dutton's Manor: That the Manor of Ashley held of the Manor of Cheltenham; all the Cottages in Ashley Manor pay Rent to Sir Ralph Dutton, and appear at his Court: That some of the Wood of the Tree in Question was found in the Petitioner's Back-side: That he saw the Petitioner head the Rabble, consisting of forty People, at least, in the Highway were they were cutting the Tree; and afterwards, to the time of taking away the Gun: That Mr. Prynn delivered the Petitioner the Warrant of the Justice of the Peace, for taking away Guns from unqualified Persons, before he meddled with the Gun.

Robert Coles likewise testified, The Tree grew in the Waste of Sir Ralph Dutton's Manor: That Sir Ralph gave Order for the cutting of it down, for Repair of his Gaol; but the Workmen durst not do it, for Fear of the Threats of the Petitioner: That the Petitioner gave the Tree to the Poor, and they cut it down, and took away the Wood; and headed the Rabble when they were cutting it out.

Edward Mitchell testified, That the Tree grew in the Highway: That the Manor of Cheltenham went all round it: That the Royalty of the Manor of Ashley belonged to Sir Ralph Dutton: That it paid a Quit-rent; and so did Forden Farm; and Sir Ralph Dutton had the Waifes, Estrays, Felons Goods, and Deodands; and they appeared at Sir Ralph Dutton's Courts; and Heriots were paid in the old Court-Rolls:

That Mr. Prynn received Sir Ralph's Rents, and made his Leases, and was his Steward, and lived in one of his Houses; but confessed, He was a Barrister at Law, and pleaded at the Bar: That the Petitioner struck him in the Face, as he was reading the Warrant to him for taking away Guns.

Buckle testified the same: That the Petitioner and Mr. Pryn agreed to meet the Week after.

Mr. Pryn testified, That the Petitioner did not meet, according to Promise; but went to the Justice by himself, and was bound over; and, at the Session held in the Interim, was clandestinely discharged, and then laughed at Mr. Pryn. That Sir Ralph Dutton had ordered the Tree to be cut down; but the Petitioner threatened to shoot the Workmen, if they did; and so the Workmen durst not do it: That, coming down to the Tree, the Morning after it was cut down, the Rabble was about it; and confessed the Petitioner set them on Work about it; and he saw the Petitioner there by, with a Quarter-Staff on his Back; whereupon, Mr. Pryn went and procured the Warrant, and, in the Afternoon, came again with the Constables, and found the Rabble still at Work about the Tree; and, upon Sight of Mr. Pryn and his Company, the Rabble sent for the Petitioner, who appeared with his Gun in his Hand; and, after some time, he shewed the Warrant, and was thereupon struck in the Face, and black and blue several Days: And that some of the Wood belonging to the Tree was in the Petitioner's Yard.

And that the Committee, having heard the Witnesses of both Sides, came to a Resolution; 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 was read, and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That John Grevile, the Petitioner, is not guilty of a Breach of Privilege upon Sir Ralph Dutton, in aiding and abetting the cutting down the Tree, called Forden Elm, growing in the Waste belonging to Sir Ralph Dutton.

The said Resolution being read the Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That John Grevile, the Petitioner, is not guilty of a Breach of Privilege upon Sir Ralph Dutton, in aiding and abetting the cutting down the Tree, called Forden Elm, growing in the Waste belonging to Sir Ralph Dutton;

The House divided.

The Noes go forth.

So it passed in the Negative.

Ordered, That the said John Grevile be discharged out of the Custody of the Serjeant at Arms.

A Message from the Lords, by Sir Miles Cook and Mr. Meredith;

Mr. Speaker,

Barrington's Estate.

The Lords have passed a Bill, intituled, An Act to enable Sir Charles Barrington Baronet to settle a Jointure on Dame Bridget his Wife; and to make Provision for their younger Children: And also,

Frere's Estate.

A Bill, intituled, An Act for Sale of Part of the Estate of Henry Frere, an Infant, to raise Money for Inning and Recovering other Parts thereof, now under Water; and for Payment of Debts charged thereon:

To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Royal Assent to Bills.

A Message from his Majesty, by Sir Thomas Duppa, Gentleman-Usher of the Black-Rod:

Mr. Speaker,

The King commands this Honourable House to attend his Majesty, in the House of Peers, immediately.

Accordingly, Mr. Speaker, with the House, went up to attend his Majesty.

And, being returned;

Mr. Speaker reported, That his Majesty had been graciously pleased to give the Royal Assent to the Bills following; viz.

An Act to supply the Deficiency of the Money raised by a former Act, intituled, An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer, Ale, and other Liquors, for securing certain Recompences and Advantages, in the said Act mentioned, to such Persons as shall voluntarily advance the Sum of Ten hundred thousand Pounds, towards carrying on the War against France.

An Act to prevent Disputes and Controversies concerning Royal Mines.

An Act to indemnify the Trustees of James Clayton Esquire, for joining with him in selling Lands, for Payment of his Debts.

Irish Forfeitures.

Resolved, That this House will, upon Monday Morning next, at Eleven a Clock, resolve itself into a Committee of the whole House, to consider of the Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War.

Ways and Means.

The House, according to Order, resolved itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and the Land-Forces, for the Service of the Year 1694.

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 made some 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, after the Debate touching the Report of the Conference is over, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and Land-Forces, for the Service of the Year 1694.

Committees.

Ordered, That all Committees be adjourned.

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