House of Commons Journal Volume 11: 21 March 1696

Sabbati, 21 die Martii;

8° Gulielmi Tertii.

Prayers.

Heron's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act to enable Sir Charles Heron Baronet to sell Lands for Payment of a Portion, and Debts, was read the Third time.

And some Amendments were proposed to be made to the Bill; viz.

Pr. 19. L. 8. after "Elizabeth," to insert "with which the said Manors, Lands, and Premises, in the Hands of the Purchaser or Purchasers thereof are to stand charged, until Payment thereof to the said Elizabeth Heron, Daughter of the said Cuthbert Heron, according to the true Intent and Meaning of the said Settlement and Decree:"

Pr. last, L. 22. after "Son," insert "except as to the Charge of her Portion and Maintenance, as aforesaid:"

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

Resolved, That the Bill, with the Amendments, do pass.

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

Highway Laws.

Mr. Richard Mountague, according to Order, presented to the House a Bill for the better Explanation of an Act, of the 22th Year of King Charles the Second, for better Repairing of Highways.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

A Message from the Lords, by Sir Richard Holford and Mr. Pitts:

Mr. Speaker,

Ecclesiastical Courts.

The Lords have passed a Bill, intituled, An Act for the better Regulating of Proceedings in the Ecclesiastical Courts: To which they desire the Concurrence of this House: Also,

Wagstaffe's Estate.

They have agreed to the Amendments, made by this House, to the Bill, intituled, An Act to enable Sir Thomas Wagstaffe Knight to raise and secure a Portion for Francis, his only Daughter, and Heir-apparent.

And then the Messengers withdrew.

Detention of Betty Frigate.

Sir John Bolles reported from the Committee, to whom the Consideration of the Petition of several Merchants of the City of Bristoll, Owners of the Betty Frigate, 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 the Petitioners did obtain a Commission, from the Lords of the Admiralty to take Prizes:

That, pursuant thereunto, the Captain of the said Betty Frigate did take a French Prize, laden with Fish, upon the Banks of Newfoundland; and sent her for Bristoll: But it happened, that, by a great Storm in her Passage, she was forced into Cork, in Ireland; where the said Prize was stopped by Mr. Bedsford, an Agent to the Commissioners of Prizes, for the King's Share of the said Prize.

That the Petitioners did allege, That they offered to give Security for making good the said Prize, having then an Opportunity of sending her away under a Convoy; but no Security would be taken, the said Bedsford telling them, He had no Power to take Security; but yet offered to let the said Prize go, if they would give him a considerable Gratuity.

The Petitioners further alleged, That the said Prize was not suffered to depart, till the Convoy was gone; and then, coming alone, she was retaken by the French; whereby they lost both Ship and Goods.

The Counsel for the Petitioners insisted, That, by the late Act of Parliament for Encouragement of Privateers, the Commissioners had no Power to stop any Prize in the Kingdom of Ireland; but expresly enacts, That all Prizes shall be brought to England, and there condemned.

That, on behalf of the Commissioners,

The Commissioners of Prizes, being present, with their Counsel, did admit the Allegations, contained in the said Petition to be true; but, as to their Agent's offering to discharge the Prize, upon giving him any Gratuity, they do not admit:

They say, All the Dispatch imaginable was given by them for discharging the said Prize; and that it was not in their Power to do more than they did:

That it was through the Default of the Petitioners, that the said Prize was taken; for, if they would have applied themselves to the Court of Admiralty, they might have had the Prize discharged sooner:

That, as to their Agent's refusing to take Bail for the said Prize, they say, That he had no Power so to do; nor even the Commissioners themselves have any Power to take Bail for any Prizes.

That, upon the whole Matter, the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That the Stopping the Ship St. Joseph, laden with Fish; which was taken by the Betty Frigate, upon the Banks of Newfoundland, and droven into Cork, by Stress of Weather, and there detained by Mr. Bedsford, Agent to the Commissioners of the Prizes; was illegal; and against the Purport of an Act, made in the 4th and 5th Years of the Reign of King William, and the late Queen Mary, intituled, An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers.

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

Expiring Laws.

Mr. Brotherton, according to Order, presented to the House a Bill for continuing several Acts therein mentioned.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Papists Protestant Heirs.

A Bill to prevent Papists from disinheriting their Protestant Heirs was, according to Order, read a Second time.

Resolved, That the Bill be committed to Sir John Bolles, Sir Rowland Gwyn, Mr. Clark, Mr. Staines, Colonel Webb, Mr. Palmes, Mr. Burrington, Mr. Sandford, Lord Cornbury, Mr. Moncton, Mr. Thompson, Lord Fairfax, Mr. Heveningham, Mr. Burrard, Mr. Moyle, Mr. Lowther, Mr. Tily, Mr. Mountague, Mr. Newport, Mr Ryder, Mr. Conyers, Mr. Foley, Sir Henry Hobart, Mr. Bertie, Mr. Sloan, Mr. Arnold, Sir Walter Young, Sir Wm. Hustler, Mr. Bowyer, Sir John Kay, Sir Edward Ernley, Sir Fra. Masham, Colonel Granvill, Mr. Burdet, Mr. Sayers, Mr. Baldwyn, Mr. Etwell, Mr. Stonehouse, Sir Wm. Cooper, Mr. Brent, Mr. Serjeant Bond, Mr. Gardiner, Mr. Serjeant Coward, Sir Wm. Blacket, Mr. Blofeild, Sir Tho. Littleton, Mr. Serjeant Wogan, Mr. Winington, Mr. Travers, Mr. Tredenham, Sir Edward Seymour, Mr. Colt, Sir Scroop How, Sir Cha. Raleigh, Mr. How, Mr. Gery, Mr. Harvey, Mr. Blaake, Sir Hen. Hobart, Mr. Gwyn, Mr. White, Mr. Cooper, Mr. Hoare, Sir Wm. Lowther, Mr. Brotherton, Sir Gerv. Elwes, Mr. Bagnold, Sir Richard Sandford: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Ordered, That it be an Instruction to the said Committee, That they do take care to prevent Papists from being Guardians to Children, or Executors in Trust.

Papists Protestant Heirs.

A Petition of Arabella Thompson, Widow of Francis Thompson, late of Humbleton, in the County of York, Esquire, deceased, was presented to the House, and read; setting forth, That the Petitioner conceives, that a Bill, lately brought into the House, intituled, A Bill to prevent Papists disinheriting their Protestant Heirs, will greatly prejudice the Petitioner, if it should pass into an Act: And praying, That she may be heard, by Counsel, before the said Bill do pass this House.

Resolved, That the said Petition be rejected.

Supply Bill; Salt Duties and Land-Bank.

Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for continuing to his Majesty certain Rates and Duties upon Salt, for carrying on the War against France; and for taking off the Duties of Tonage upon Ships, and upon Coals; and for establishing a National Land-Bank.

Leave of Absence.

Ordered, That Sir St. Andrew St. John have Leave to go into the Country, for Recovery of his Health.

Preventing Export of Wool.

The House, according to the Order of the Day, proceeded to take into Consideration the Report from the Committee, to whom the Bill for preventing the Exportation of Wool was committed;

And the Amendments, made by the Committee, to the said Bill, were read.

An Amendment was proposed to be made, as to the Ports, by adding "Exeter and Plymouth:"

And the Question being put, That those Ports be added;

It passed in the Negative.

Also Clause A was amended . . . . . .

A Clause was offered, to be added to the Bill, That * * * *

And the same was once read:

And the Question being put, That the Clause be read a Second time;

It passed in the Negative.

Another Clause was offered, to be added to the Bill, against carrying Wool to Jersey:

And the same was once read; and, by Leave of the House, withdrawn.

And some other Amendments were made to the Bill.

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

Ways and Means.

Resolved, That this House will, upon Wednesday Morning next, resolve itself into a Committee of the whole House, to consider of Ways and Means for raising the Supply to be granted to his Majesty, for defraying the Expences of the Civil List, for the Year One thousand Six hundred Ninety-six; and for the Relief of the poor French Protestants.

Committees.

Ordered, That all Committees be adjourned.

English East-India Company.

Resolved, That this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider further of the Bill for settling and regulating the East-India Trade; to be proceeded upon, after the Bill for restraining the Wearing of all Wrought Silks, Bengals, and dyed, printed, or stained, Callicoes, imported into the Kingdom of England, and the Plantations thereunto belonging, of the Product and Manufacture of Persia, and the East-Indies.

And then the House adjourned till Monday Morning, Nine a Clock.