House of Commons Journal Volume 11: 6 February 1696

Jovis, 6 die Februarii;

7° Gulielmi Tertii.

Prayers.

JAMES Fury took the Oaths appointed, in order to his Naturalization.

Duty on Iron imported.

A Petition of the Master, Wardens, Searchers, and Assistants, of the Company of Cutlers, in Hallamshire, in the County of York, who are incorporated by Act of Parliament, and others Artificers working in Iron and Steel, was presented to the House, and read; setting forth, That the Petitioners have experienced the Benefit of the Prohibitions made, and Impositions laid, by former Parliaments, upon foreign Manufactures, made of Iron and Steel, imported into this Kingdom: And praying, That the said Duties may be continued.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for continuing several Duties, granted by former Acts, upon Wine and Vinegar, and upon Tobacco, and East-India Goods, and other Merchandizes, imported, for carrying on the War against France, is committed.

Barkhamsted Manor.

An ingrossed Bill, from the Lords, intituled, An Act to enable Trustees to sell Part of the Manor of Barkhamsted; and to pay off the Incumbrances charged on the same; and to lay out the Overplus in an Estate, to be settled as the said Manor is now settled; was read a Second time.

Resolved, That the Bill be committed to Sir Francis Massam, Mr. Bickerstaffe, Mr. Brotherton, Lord Cornbury, Mr. Baldwyn, Mr. Frewen, Mr. Moore, Mr. Moyle, Mr. Conyers, Colonel Gibson, Sir Marm. Wyvell, Mr. Pocklington, Sir Robert Cotton, Sir Cha. Hotham, Mr. Phillipps, Mr. Whitacre, Sir Ra. Dutton, Mr. Clarke, Mr. White, Doctor Oxenden, Mr. Thornhagh, Sir Tho. Roberts, Mr. Cooper, Sir John Bolles, Mr. Arnold, Mr. Foley, Mr. Lowther, Mr. Lassels, Mr. Nevill, Sir Gerv. Elwes, Mr. Venables, Mr. Bowyer, Mr. Burdet, Mr. Mawdit, Sir John Kay, Sir Math. Andrews, Sir Wm. Lowther, Colonel Perry, Mr. Henly, Mr. Colt: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Oaths of Supremacy in Ireland.

Ordered, That Sir Geo. Markham, Mr. Whitacre, Sir Robert Cotton, Mr. Clarke, Mr. Bickerstaff, Sir Harry Hobart, Serjeant Bond, Sir Wm. Lowther, Sir Wm. Cooper, Sir Richard Atkins, Mr. Bridges, Mr. Gray, Sir Henry Vane, Mr. Beak, Sir Tho. Lee, Mr. Sloan, Mr. Owen, be added to the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for altering Part of an Act, made in the 3d Year of his Majesty and the late Queen intituled, An Act for the abrogating the Oath of Supremacy in Ireland, and appointing other Oaths, is committed: And that the said Committee have Power to send for Persons, Papers, and Records.

Baliol College Estate.

A Petition of the Masters and Scholars of Baliol College, in the University of Oxford, and John Sayer Clerk, their Lessee, and Robert Fotherby, and others, Inhabitants, and Occupiers of Houses, within the Parish of St. Laurence, Old Jury, in the City of London, for and on the behalf of themselves, and all the rest of the Occupiers and Inhabitants of Houses in the said Parish, was presented to the House, and read; setting forth, That the said Petitioners the Master and Scholars, being seised in Fee of the Impropriate Rectory and Tythes of the said Parish, did, in 1692, make a Lease thereof to the said Mr. Sayer, for 21 Years; and some Differences arising thereupon, between Mr. Sayer and the Inhabitants, the whole Matter was, in 1694, mutually referred to the Award of Mr. Baron Letchmore and Mr. Baron Powell; who soon after published their Award; whereby, amongst other things, the said Inhabitants were to pay 150 l. per Annum, for ever, free from all Taxes, in full of all Tythes, to the said Master and Scholars, and their Lessee; with which Award all Parties are well satisfied; and the same is inrolled in Chancery; That, notwithstanding the said Proceedings, Suits may hereafter arise touching the said Tythes, by reason of a Statute of 37° Hen. 8, intituled, An Act for Tythes in London, unless the said Award be confirmed by Act of Parliament: And praying Leave to bring in a Bill to confirm the said Award, and ascertain the Payment of the said Tythes.

Ordered, That Leave be given to bring in a Bill for Confirmation of the said Award: And that Mr. Finch and Mr. Harcourt do prepare, and bring in, the Bill.

Todd's Complaint.

A Petition of Christopher Todd, on behalf of himself and others, was presented to the House, and read; setting forth, That the Petitioner, and others, of the Troop commanded by Captain Charles Eaton, in the Earl of Oxford's Regiment, have been barbarously used by the said Eaton; one of them being imprisoned, and loaden with Irons, for 11 Days, after giving his Deposition before a Court-Martial for trying Captain Eaton, for making false Musters, and other great Misdemeanors: That the Petitioner exhibited several Articles against the said Captain Eaton, and fully proved the same, as he conceives, before the Court-Martial, and the Commissioners of publick Accounts; but the Court-Martial, consisting of all Officers, have acquitted the said Eaton; which has encouraged him to continue his evil Practices: And praying, That the House will give him Leave to produce Witnesses to prove the said Allegations.

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

Duties on Linseed Oil.

A Petition of the Master, Wardens, and Assistants, of the Company of Painter-stainers of London, on behalf of themselves, and the Painter-stainers of England, complaining of the Duties laid upon Linseed Oil, was presented to the House:

And the Question being put, That the said Petition be read;

It passed in the Negative.

Bamfeild's Estate.

A Petition of Amias Bamfeild Esquire was presented to the House, and read; setting forth, That there is a Bill now depending in the House, to enable Trustees to make Leases of the Estate of Sir Coppleston Warwick Bamfeild, an Infant, during his Infancy; and for the laying out the Monies, to be raised thereby, in Purchases, to the Uses the Estate now is: That the said Sir Coppleston is very young; having only one Brother, of very tender Years; and the Petitioner is their Uncle, and next Heir at Law to the said Estate in case the Infants die without issue: And that such Bill, if it should pass, may be a great Damage to the Petitioner: And praying to 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: And that Colonel Earle and Mr. Gwyn be added to the said Committee.

Register of Ships.

A Petition of Simon Baxter, of London, Merchant, Lewis Davis and Thomas Taylor, of London, Scriveners, was presented to the House, and read; setting forth, That great Abuses are daily committed in Selling of Ships and Vessels, by Persons that have no Title thereunto; whereby the Buyers are often deceived, to their great Loss, and to the Discouragement of Merchandize and Trade in general: And praying Leave to bring in a Bill for establishing, in the City of London, a certain Office for the Registring of Bills of Sale, as shall hereafter be made within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, of any, or any Part of any, Ship or Vessel of the Burden of Forty Tons, and upwards; and for establishing other Offices in other Places, for the Purposes aforesaid.

Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.

Fines of ancient Demesne Lands.

A Bill for proclaiming Fines levied of ancient Demesnelands was read the First time.

Resolved, That the Bill be read a Second time.

Leave of Absence.

Ordered, That Sir Isaac Rebow have Leave to go into the Country for Ten Days, his Lady being very ill.

Irish Arrears.

A Petition of Nathaniel Hill, and others, on the behalf of themselves, and others, of the Regiment lately commanded by Brigadier Villers, who served in the Wars in Ireland, was presented to the House, and read; setting forth, That, about April 1692, the Regiment returned into England, and the Petitioners have all their Discharges, and their Accounts, stated by the Commissioners of Publick Accounts; to some of whom there is due 30 l. some 40 l. and some 50 l.: That, notwithstanding his Majesty's Proclamation, of 4th April 1695, commanding the Colonels, and other Officers, of the Army, to account with and satisfy their respective Troops and Companies; yet the same hath not been complied with: That the LieutenantColonel hath received several Sums, in Part of the said Regiment, Irish Arrears; but never accounted with the Petitioners, nor paid them their Proportions of the same; and some Troopers, who petitioned the House last Session, have been starved, for want of their Shares: That the Petitioners have several times applied themselves to the Court-Martial, at the Horse-Guards; but are dismissed without any Relief: And praying the Consideration of the House, and Relief in the Premises.

Ordered, That the Lord Coningsby and Mr. Fox be acquainted with the said Petition, and give the House an Account thereof.

Challenging Jurors.

A Bill to supply some Defects in an Act, or Ordinance, made in the Thirty-third Year of King Edward the First, Statute the 4th, intituled, He that challengeth a Jury, or Juror, for the King, shall shew his Cause; and to make it more beneficial for the Liberty of the Subject; was read the First time.

Resolved, That the Bill be read a Second time.

Nassau's, &c. Nat.

A Bill for naturalizing Henry de Nassau, and others, was read a Second time.

Resolved, That the Bill be committed to Mr. Poultny, Doctor Oxendon, Mr. Molesworth, Sir Jo. Trevillan, Mr. Serjeant Bond, Mr. B. Granvill, Mr. Blofeild, Mr. Waller, Mr. Culliford, Mr. Bohun, Sir Nath. Nappier, Mr. Bertie, Sir John Bolles, Mr. Foley, Mr. Frewen, Sir Wm. Lowther, Sir Harry Hobart, Mr. Bickerstaffe, Sir Thom. Dyke, Mr. Whitacre, Mr. Bromley, Sir John Lewson, Lord Ashley, Mr. Serjeant Wogan, Sir Fra. Massam, Mr. Moyle, Mr. Ph. Foley, Lord Hide, Lord Cavendish, Sir Fra. Windham, Mr. Colt, Mr. How, Mr. England, Sir Henry Goff, Mr. Fuller, Mr. Winington, Mr. Baldwyn: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Bringing Plate to be coined.

Resolved, That it be an Instruction to the Committee of the whole House, to whom the Bill to encourage the Bringing in of milled, broad, or unclipped, Monies, to be exchanged, by Commissioners in the several Parts of this Realm, with the common People, for clipped Monies; and for the encouraging of Persons to bring Plate into the Mint, to be coined; is committed; That they have Power to receive a Clause, for re-coining the clipped Money; which shall be applicable to the Payment of Tallies, in Course, at the Excise-Office and Post-Office.

Resolved, That it be an Instruction also to the said Committee, That they have Power to receive a Clause, to prohibit the Use of Plate in Publick-houses.

Privilege.

A Complaint being made to the House, That Francis Powlet Esquire, Edward Strode Esquire, and Mr. Henry Dean, Mr. Thom. Eyres, and Mr. George Townesend, Attornies at Law, have caused an Action of Trespass to be brought against Wm. Masterman, Tenant of a Farm in Portesham, in the County of Dorset, Part of the Estate of Sir Nathaniel Nappier, during a Term of Years in being, for the Recovery of the Mesne Profits of the said Farm; and proceed in the said Action; in Breach of the Privilege of this House;

Ordered, That it be referred to the Committee of Privileges and Elections, to examine the Matter of the said Complaint; and report the same, with their Opinion therein, to the House.

Supply.

Sir Thomas Littleton, according to the Order of the Day, reported, from the Committee of the whole House, to whom it was referred to consider further of the Supply to be granted to his Majesty, for carrying on the War against France; and to consider of Impositions upon French Goods; the Resolutions of the said Committee; 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.

1. Resolved, That it is the Opinion of this Committee, That a Duty of 25 l. per Ton be laid upon all French Wine imported, from and after the 25th Day of March 1697, for the Term of One-and-twenty Years, and from thence to the End of the next Session of Parliament, over and above the Duties already charged thereupon; without any Deduction; and after that Rate for any greater or lesser Quantity.

2. Resolved, That it is the Opinion of this Committee, That a Duty of Thirty Pounds per Ton be laid upon all French Brandy imported, after the First Day of March 1697, for the Term of One-and-twenty Years, and from thence to the End of the next Session of Parliament, over and above the Duties already charged thereupon; without any Deduction; and after that Rate for any greater or lesser Quantity.

Resolved, That it is the Opinion of this Committee, That a Duty of Fifteen Pounds per Ton be laid upon all French Vinegar imported, after the First Day of March 1697, for the Term of One-and-twenty Years, and from thence to the End of the next Session of Parliament, over and above the Duties already charged thereupon, without any Deduction; and after that Rate for any greater or lesser Quantity.

Resolved, That it is the Opinion of this Committee, That a Duty of 25 l. per Cent. ad valorem be laid upon all other Goods of the Growth, Product, or Manufacture, of France, imported, after the First Day of March 1697, for the Term of One-and-twenty. Years, and from thence to the End of the next Session of Parliament, over and above the Duties already charged thereupon; without any Deduction; and after that Rate for any greater or lesser Quantity.

The First Resolution being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

The Second Resolution being read a Second time;

An Amendment was proposed to be made therin, by inserting, after "Brandy," "of single Proof:"

And the same was, upon the Question put thereupon, agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That a Duty of 30 l. per Ton be laid upon all French Brandy, of single Proof, imported, after the First Day of March 1697, for the Term of One-and-twenty Years, and from thence to the End of the next Session of Parliament, over and above the Duties already charged thereupon; without any Deduction; and after that Rate for any greater or lesser Quantity.

The Third Resolution, being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

The Fourth Resolution being read a Second time;

An Amendment was proposed to be made, That Salt might be excepted:

And the Question being put, That Salt be excepted;

It passed in the Negative.

Then the said Resolution was, upon the Question put thereupon, agreed unto by the House.

Ordered, That a Bill be brought in, according to the said Resolutions: And that Mr. Attorney-General, Mr. Solicitor-General, and Mr. Serjeant Bond, do prepare, and bring in, the Bill.

Elections— Irregularities of Returning Officers.

Ordered, That the Bill to prevent irregular Proceedings of Sheriffs, and other Officers, in the electing and returning Members to serve in Parliament, be read a Second time upon Wednesday Morning next.

Plantation Trade.

Ordered, That the Bill for preventing Frauds, and regulating Abuses, in the Plantation-Trade, be read a Second time upon Wednesday Morning next.

Earl of Torrington's Grant in Bedford Level.

Ordered, That the Bill for confirming a Grant, under the Great Seal of England, to Arthur Earl of Torrington, by King William and Queen Mary, of several Parcels of Land, Part of the great Level of the Fens, called Bedford Level; and for the better enabling the said Earl to recover the Arrears of Rent, and Mesne Profits thereof; be read a Second time upon this Day Sevennight.

Select Vestries.

Mr. Manly presented to the House, according to Order, a Bill for Regulating of select Vestries; and preventing Abuses arising thereby: And the same was received.

Bringing Plate to be coined.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill to encourage the Bringing in of milled, broad, or unclipped, Monies, to be exchanged, by Commissioners in the several Parts of this Realm, with the common People, for clipped Monies; and for the Encouraging of Persons to bring Plate into the Mint, to be coined.

Mr. Speaker left the Chair.

Mr. Smith took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Smith 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, upon Saturday Morning, next, resolve itself into a Committee of the whole House, to consider further of the said Bill.

Ways and Means.

Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply to be granted to his Majesty; for carrying on the War against France.

Committees.

Ordered, That all Committees be adjourned.

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