House of Commons Journal Volume 11: 30 November 1696

Lunæ, 30 die Novembris;

8° Gulielmi Tertii.

Prayers.

Prohibiting India Silks, Callicoes, &c.

ORDERED, That Leave be given to bring in a Bill to restrain the Wearing of all wrought Silks and Bengals, imported into this Kingdom from Persia and East India; and all Callicoes, printed or stained there: And that Sir Hen. Hobart and Mr. Blofeild do prepare, and bring in, the Bill.

Coinage, &c.

A Petition of the Inn-holders and Alehouse-keepers of the Town and Borough of Cirencester, in the County of Gloucester, was presented to the House, and read; setting forth, That, by reason of the Non-currency of Money, and the great Decay of Trade there, the Petitioners are reduced to so low a Condition, that they are hardly able to maintain themselves and Families; and, further to help their Impoverishment, the Marquis d' Puizar's Regiment of Foot have been quartered upon the Petitioners ever . . . the 6th of May last, without paying one Peny; and the said Soldiers demand a weekly Payment, above their Maintenance, contrary to Law; which the Petitioners have paid, for Fear of them: And praying the speedy Relief of the House in the Premises.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, who are to consider of the State of the Nation.

Privilege— Publication of Proceedings.

Mr. Norris reported from the Committee, to whom it was referred to examine who was the Author, Printer, Publishers, and Dispersers, of a false, scandalous, and seditious, printed Pamphlet, destructive of the Freedom and Liberties of Parliament; intituled, "An Account of the Proceedings in the House of Commons, in relation to the re-coining the clipped Money, and falling the Price of Guineas;" the Matter, as it appeared to the said Committee; 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.

Mr. Robert Hayrst said, That on the 2d of September last, one James Dover, a Printer, appointed him to meet him the same Day, at the Salutation Tavern in Newgatestreet, about some Business he would then communicate to him; and, upon their meeting together, the said Dover shewed him One of the said Pamphlets, printed in the same Character with that shewn him at the Committee; and told him he had printed 1,000 of them; and had been paid for them; and had Liberty given him to reprint as many of them as he pleased, to disperse; and that, if he, the said Hairst, would find his Proportion of Paper, and re-print the same, he should come in a Partner with him in the Profits thereof; telling him the same would fell well: Upon which Hayrst told the said Dover, That he looked upon the same to be a dangerous and seditious Pamphlet, and would have nothing to do therewith.

And that the said James Dover said, That, truly, he had seen such a Pamphlet, as that shewn him at the Committee, in Print; but never saw it in Writing; and had never printed any of them; and that he had One of the Pamphlets from one Mr. Starkey; who told him, That he had procured 1,000 of them to be printed; and then gave him Commission to print as many as be pleased.

Upon which the said Mr. Hayrst was called in; and confronted him, with a Repetition of his Testimony aforesaid.

That then Dover, as a Demonstration, that he never printed any of the said Pamphlets, urged, That he never had any Letters of that Character wherewith the same were printed:

Upon which, one Mr. Darby, the said Dover's Father-in-law, confronted him with his having lent him Letters of the same Character, with the Pamphlet:

And the said Mr. Dover being asked, Who, and what the said Mr. Starkey was, he said, He saw him about Three Weeks since; and that he was then a Prisoner in the King's-Bench; and is since dead; and that he had never told him who the Author of the Pamphlet was; neither has he any Knowledge of him.

That, at the next Meeting of the said Committee, the said Dover being ordered to attend, and called in, owned his Offence, for having so long prevaricated with the Committee; and was sorry for having told them so many Lies; and owned that he did print the said Pamphlet; and had printed 1,000 of the First Impression for one Mr. Grascomb, a Nonjuring Parson, living in Scroope Court, in Holbourn, from whom he had the Manuscript of the Pamphlet, and to whom he delivered back the same, with 900 of the said Pamphlets; at which time the said Mr. Grascomb paid him for Printing thereof:

That the last time he saw Mr. Grascomb, was on Friday the 6th of this Instant November; when, in Discourse about his, the said Dover's, being summoned to attend the Committee, Dover then told him, That he would not discover him; but would tell the Committee, as he afterwards did with many Imprecations, that he had the Pamphlet from, and had printed it for, one Starkey, a King's-Bench Prisoner, and one who he knew to be dead about Ten Days before: Upon which, Mr. Grascomb told him it was a pat Story, and would certainly serve the Turn; and heartily applauded the Contrivance thereof: And that, after they were parted, the said Grascomb sent one Tabor Hoskins, a Barber, to him several times, to confirm his Resolutions; and to acquaint him, that, if he would keep his own Council nothing would come of the Matter; and that he might be very easy therein, by fastening the same upon the Person deceased; the which he desired him to stick to, and keep close to his Tale.

That Mrs. Dover was called in, and said, She has seen the said Hoskins come several times, as he said, from Mr. Grascomb to her Husband, and tell him the Messages aforesaid; and particularly, since her said Husband was summoned, he came to her, and told her, That if her Husband would stand out, and avoid the Discovery, there were a great many Friends in the House of Commons, that would stand by him; and that he came every Day to buoy up her Husband in his said Resolution.

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 please to issue his Royal Proclamation, for the Apprehending of Mr. ^{* *} Grascomb, who brought the Manuscript of the said Pamphlet to the Printer, to be printed.

Ordered, That James Dover, the Printer of the said printed Pamphlet, to be taken into the Custody of the Serjeant at Arms attending this House.

Ordered, That Tabor Hoskyns, for endeavouring to hinder James Dover, the Printer of the said Pamphlet, from discovering the Author of the said Pamphlet; and declaring, That there were many Friends in the House of Commons, that would stand by him; be taken into the Custody of the Serjeant at Arms attending this House.

Papers to be returned.

Ordered, That the Two Informations of Sir John Fenwick, formerly presented to the House by Mr. Secretary Trumball, be re-delivered to him.

Bringing in Plate to be coined.

Colonel Wharton, according to Order, presented to the House a Bill for encouraging Persons to bring in their wrought Plate, to be coined.

The Bill was read the First time.

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

Supply Bill; Coinage.

The House, according to the Order of Saturday last, took into Consideration the Amendments, made by the Lords, to the Bill, intituled, An Act for the further remedying the ill State of the Coin of the Kingdom:

And the same were read a Second time, one by one; and, upon the Question severally put thereupon, disagreed unto by the House.

Ordered, That a Committee be appointed to prepare Reasons, to be offered at a Conference with the Lords, for disagreeing with the Lords in the said Amendments:

And it is referred to Sir Richard Onslow, Sir Justinian Isham, Sir Jos. Williamson, Colonel Granvill, Mr. Onslow, Sir Hen. Hobart, Mr. Heveningham, Mr. Boscawen, Sir Walter Yonge, Sir Fra. Molyneux, Mr. Norris, Sir Wm. Coryton, Mr. Mountague, Mr. Gwynn, Mr. Pelham, Sir Chr. Musgrave, Sir Godfrey Copley, Sir Rowland Gwynn, Mr. Palmes, Lord Coningsby, Mr. Clark, Mr. How, Colonel Wharton, Mr. Secretary Trumball: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.

Supply Bill; Payment of Tallies.

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

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act to explain that Part of the Act, passed the last Session of Parliament, for laying several Duties on low Wines, and Spirits of the first Extraction; and for preventing the Frauds and Abuses of Brewers, Distillers, and other Persons chargeable with the Duties of Excise; which relates to the Payment of Tallies, and the Interest thereof; without any Amendments, Also,

Warner's Estate.

That the Lords have passed a Bill, intituled, An Act explaining a former Act of Parliament, intituled, An Act for enabling Trustees to sell Part of the Estate of Edmund Warner, deceased, for Payment of his Debts; and for preserving the rest for the Benefit of his Heir: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Privilege of a Member in a Suit.

The Lord Fairfax attending in his Place, according to Order;

The Petition of John Peshall Esquire, and his Wife, relating to his Lordship, was read; setting forth, That Thomas late Lord Culpeper, deceased, having full Power to dispose of his Estate by Deed or Will, did, in October 1686, by Deeds, settle the Manor of Thorseway, inter alia, on Trustees, to raise 3,000 l. as a Portion for the Petitioner's Wife, and 120 l. per Ann. for her Maintenance till 21, or Marriage; and, by that Settlement, conveys the Inheritance of all his Lands so charged on his Daughter Katherine, now the Wife of the Lord Fairfax, and her Heirs: That the said Lord Culpeper did also, by his last Will, give to Charlotta, the Petitioner's Wife, 80 l. per Ann. for Eight Years, payable out of a Grant, made by King Charles the IId, of 600 l. per Annum: That in Consideration of the said Provision, for the said Charlottee, the Petitioner did marry her; by whom he has several Children; and his Father refuses to make any Settlement of his Estate on the Petitioner, until he hath received his said Wife's Portion; which the Lord Fairfax refuses to pay, and stands upon his Privilege, though, in reality, but a Trustee, and must account in Equity; and, if he should die, the 80 l. per Annum, and Arrears, will be lost being merely personal: And praying Leave of the House to proceed against the Lord Fairfax, to recover his undoubted Right, in case he will not pay the same.

And the Lord Fairfax was heard thereupon, in his Place.

Resolution rejection Members Privilege.

Resolved, Nemine contradiccate, That no Member of this House, during the Continuance of this Parliament, have any Privilege, except for his Person only against any Commoner, in any Suit or Proceedings in Courts of Law or Equity, for any longer Time than the House shall be actually sitting for Dispatch of Business in Parliament.

Resolved, That the said Resolution be communicated to the Lords at a Conference.

Conference desired with Lords.

Resolved, That a Conference be desired with the Lords, to communicate to them a Resolution of this House for the Ease of the Subject.

Ordered, That Mr. Pelham do go to the Lords, and desire the said Conference.

Ordered, That the Consideration of the said Petition of the said John Peshall, and his Wife, be referred to the Committee of Privileges and Elections: And that they do examine the Matter thereof; and report the same to the House.

Conference.

Mr. Pelham reported, That he having, according to Order, been at the Lords to desire a Conference, they do agree to a Conference, immediately, in the Painted Chamber.

Ordered, That Mr. Pelham, Sir Edward Seymour, Mr. Boyle, Mr. Norris, Mr. Archer, Lord Cutts, Sir Tho. Littleton, Mr. Foley, Mr. Mountague, Sir Jo. Phillips, Colonel Wharton, Sir Richard Onslow, Sir Robert Rich, Sir Walter Yonge, Mr. Clark, Mr. Colt, Mr. Gwynn, Sir Jos. Williamson, Sir Rowland Gwyn, Mr. Smith, Sir Henry Hobart, Sir Wm. Williams, do manage the said Conference.

And the Managers went to the Conference.

And, being returned;

Mr. Pelham reported, That they had communicated the said Resolution to the Lords, and left the same with them.

Mitchell Election.

Colonel Wharton reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Mitchell, in the County of Cornmall, as it appeared to the said Committee, and the Resolutions of the Committee thereupon; 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.

Upon the Petition of Anthony Row Esquire, complaining of an undue Return of Burgesses to serve for the Borough of Mitchell, in the County of Cornwall:

. . . . . have examined the Merits of that Election.

That, in the first Place, the Committee taking notice, That there was no Counsel appeared for the Borough of Mitchell, or Mr. Vivian, who is One of the Burgesses returned for the said Borough; they put the Petitioner to prove Notice.

And, for that Purpose, on behalf of Mr. Row, was called,

Edward Parsons: Who, said, That on the 10th of November instant, he did read a Copy of the Order of the Committee for hearing the Merits of the said Election on the 23d of November, being the Day the same was heard before the Committee, before 25 of the Inhabitants of the said Borough; but he could not say, that Mr. Fry, the Deputy Port-reeve, or Mr. Vivian, had notice: But

Abr. Wills said, That Mr. Fry was present at reading of the said Copy of the Order; but he could not say, that Mr. Vivian had any particular Notice.

Mr. Row did not controvert Mr. Vivian's Election: So the Question was only upon the Return of Humphry Courtney Esquire, deceased.

That, on behalf of Mr. Row, was produced,

Mr. Gully: Who delivered in a Poll, which, he said, he saw taken at the Election of Burgesses to serve in this present Parliament for the said Borough of Mitchell; which was written at that time by Mr. Campion:

Upon which the Numbers were thus;

That, to prove the Right, there was also produced a Resolution of the House, taken Primo Gulielmi et Mariæ, That the Right of Election was in the Lords of the said Borough, who are liable to be chosen Port-reeves of the same, and in the Householders not receiving Alms: And that

Mr. Gully said, That there were none that voted for Mr. Row who received Alms; and but One that was no Housekeeper.

And, there being no Defence made on the behalf of Mr. Courtney, the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That Humphry Courtney Esquire, deceased, was not duly elected a Burgess to serve in this present Parliament for the Borough of Mitchell, in the County of Cornwall.

Resolved, That it is the Opinion of this Committee, That Anthony Row Esquire is duly elected a Burgess to serve in this present Parliament for the said Borough of Mitchell.

Resolved, That the Merits of the Election for the said Borough of Mitchell be re-committed.

Inquiry concerning the Fleet.

Resolved, That this House will, upon Wednesday Morning next, take into Consideration the Books and Papers which have been laid before this House, relating to the Fleet; and inquire how it came to pass, that the French Thoulon Fleet was not intercepted in going into Brest: And that Sir George Rook, Vice-Admiral Mitchell, and Sir Cloudesly Shovell, do then attend.

Committees.

Ordered, That all Committees be adjourned.

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