House of Commons Journal Volume 11: 3 February 1697

Mercurii, 3 die Februarii;

8° Gulielmi Tertii.

Prayers.

Ease of Sheriffs.

ORDERED, That the Committee, to whom the Bill for the Ease of Sheriffs in passing their Accounts, and Execution of their Offices, is committed, have Power to send for Persons, Papers, and Records.

Leigh's Estate.

An ingrossed Bill to enable Edward Leigh, and Jane his Wife, and their Trustees, to sell the Manors of Waxham and Horsey, and certain Lands and Tenements, in the County of Norfolk; and to purchase and settle other Lands to the same Uses; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to enable Edward Leigh, and Jane his Wife, and their Trustees, to sell the Manors of Waxham and Horsey, and certain Lands and Tenements, in the County of Norfolk; and to purchase and settle other Lands to the same Uses.

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

Privilege—a Person reprimanded and discharged.

Mr. Tilly was, according to Order, brought to the Bar: Where he, upon his Knees, received a Reprimand from Mr. Speaker.

Ordered, That the said Mr. Tilly be discharged out of Custody, paying his Fees.

Crowle's Estate.

A Bill for vesting Part of the Estate of Roger Crowle Esquire, deceased, in Trustees, for raising Portions for his younger Children, according to a Power reserved to him in his Marriage-Settlement; but could not be executed by him, by reason of his Lunacy, after his Marriage; was read a Second time.

Resolved, That the Bill be committed to Mr. Shackerly, Sir Wm. Lowther, Mr. Fleming, Sir Cha. Carteret, Mr. Brotherton, Mr. Brewer, Mr. Ashby, Mr. Bertie, Mr. Sloane, Mr. Gery, Mr. Harrison, Mr. Mountague, Mr. Newport, Mr. Pocklington, Colonel Kirby, Sir Wm. St. Quintin, Mr. Burrard, Sir John Phillips, Mr. Carr, Mr. Blofeild, Mr. Osborne, Sir Hen. Colt, Mr. Farrer, Mr. Lowther, Mr. Sandford, Mr. Burrington, Sir John Bolles, Mr. Arnold, Mr. Colt, Mr. Bickerstaffe; and all the Members that serve for Lancashire, Cheshire, and Yorkshire: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Returns of Juries.

A Bill for Sheriffs to make Returns of Juries till Michaelmas 1697, as they formerly did; and to enforce Clerks of the Peace to make their Returns of Freeholders, pursuant to the late Act for the Ease of Jurors; was read a Second time.

Resolved, That the Bill be committed to Sir St. Andr. St. John, Mr. Whitaker, Mr. Farrer, Mr. Boscawen, Mr. Mountague, Sir Edward Seymour, Mr. Palmes, Mr. Bridges, Mr. Sandford, Mr. Colt, Mr. Gery, Mr. Newport, Mr. Morgan, Mr. Pocklington, Sir Wm. Ashurst, Sir John Bolles, Mr. Pelham, Mr. Evelyn, Sir Math. Andrews, Mr. Ogle, Dr. Oxenden, Mr. Arnold, Sir Wm. Hustler, Sir Mich. Biddulph, Sir Wm. Lowther, Mr. Dolben; and all that serve for the Counties of Northampton, and York: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Pullein's Claims.

A Petition of Elizabeth Pullein was presented to the House, and read; setting forth, That her only Son George Pullein went on board his Majesty's Ship the Dunkirk, as Second Lieutenant, to the West-Indies, where he died on board the said Ship, whereof Captain Willmot, who died there also, was Commander; and Captain Butler, who succeeded him in Command, possessed himself of her Son's personal Estate, and refuses to do her Right: And praying Relief therein.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of Eliz. Harding, and others, is referred.

Irish Arrears.

A Petition of Obadiah Wood, John Newton, and Gerrard Cook, in behalf of themselves, and the rest of the Attendants on the late Train of Artillery in Ireland, was presented to the House, and read; setting forth, That they petitioned the House the last Session of Parliament, complaining of the Non-payment of Irish Arrears due to them; which Petition was referred to the Commissioners of Accounts; but, before they sat, the Petitioners were commanded to their respective Posts in Flanders; so that nothing was done therein: That the Petitioners are now sent out of Flanders, to make this their Second Application for Relief; most of them having Families here, who want Support in their Absence, and are forced to live upon Charity for want of what is their Due: And praying, That they may be satisfied the Arrears due to them, they being willing to serve his Majesty abroad.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of John Hakewell, and other Troopers, is referred.

Coparcenary Lands.

Mr. Hoblyn reported from the Committee, to whom the Bill for the easier obtaining Partitions of Lands in Coparcenary, joint Tenancy, and Tenancy in common, was committed, 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; 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.

Prisons and pretended privileged Places.

An ingrossed Bill for the better preventing the Abuses of Prisons, and other pretended privileged Places, was read the Third time.

An ingrossed Clause was offered, as a Rider, for saving the Right of Anthony Smith, Mariner, which he claims to the Office of the Fleet, and the Premises thereunto belonging, by virtue of Two Decrees in Chancery:

And the same was twice read:

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

It passed in the Negative.

Another ingrossed Clause was offered, as a Rider, with Blanks, to prevent Carmen and Coachmen from carrying Goods by Night:

And the same was twice read; and several Amendments made; and afterwards withdrawn, by Leave of the House.

Resolved, That the Bill do pass: And that the Title be, An Act for the more effectual Relief of Creditors in Cases of Escapes; and for preventing Abuses of Prisons, and other pretended privileged Places.

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

A Message from the Lords, by Sir Miles Cook and Sir John Franklyn:

Mr. Speaker,

Goodwyn's Estate.

The Lords have passed a Bill, intituled, An Act to enable Nicholas Goodwin the elder, and Nicholas Goodwin the younger, to sell the Manor of Winslow, in the County of Bucks; and, with the Monies arising thereby, and other Monies to be advanced by the said Nicholas Goodwin the elder, to purchase Lands of a greater yearly Value, to be settled to the same Uses as the said Manor is now settled: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Supply; Deficiency of Funds.

Sir Thomas Littleton 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 making good the Deficiency of Parliamentary Funds; and of that Part of his Majesty's Speech, which relates to the Credit of the Nation; 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.

Resolutions relating to the Bank.

1. Resolved, That it is the Opinion of this Committee, That the Bank of England be enlarged by new Subscriptions.

2. Resolved, That it is the Opinion of this Committee, That the said Subscriptions be made by Four-fifths in Tallies struck upon Parliamentary Funds, and One-fifth in Bank-Bills or Notes.

3. Resolved, That it is the Opinion of this Committee, That an effectual Provision be made by Parliament for the Payment of the Principal of all such Tallies as shall be subscribed into the Bank.

4. Resolved, That it is the Opinion of this Committee, That 8 l. per Cent. per Ann. be allowed and provided for all such Tallies, so to be subscribed, and brought in, and for all Tallies remaining in the Bank, to the Amount of such Bills or Notes as shall be subscribed with the said Tallies.

5. Resolved, That it is the Opinion of this Committee, That the Continuance of the Bank of England be enlarged until the 1st Day of August 1710.

6. Resolved, That it is the Opinion of this Committee, That all Assignments of Orders on Tallies subscribed into the Bank be registered in the Exchequer, by the proper Owner thereof.

7. Resolved, That it is the Opinion of this Committee, That before the Day be fixed for the beginning the new Subscriptions, the old Stock be made One hundred per Cent.; and that what shall exceed that Value shall be divided among the old Members.

8. Resolved, That it is the Opinion of this Committee, That all the Interest due on those Tallies which shall be subscribed into the Bank Stock, at the time appointed for Subscriptions, to the End of the last preceding Quarter, on each Tally, be allowed as Principal.

9. Resolved, That it is the Opinion of this Committee, That Liberty be given by Parliament to enlarge the Number of Bank-Bills, to the Value of the Sum which shall be so subscribed, over and above the 1,200,000 l.; provided they be obliged to answer such Bills at Demand.

10. Resolved, That it is the Opinion of this Committee, That no other Bank, or any other Constitution whatever in the Nature of a Bank, be erected or established, permitted or allowed, by Act of Parliament, within this Kingdom, during the Continuance of the Bank of England.

11. Resolved, That it is the Opinion of this Committee, That, on such new Settlement, the Bank of England be exempted from all manner of Parliamentary Taxes, Assessments, and Impositions, whatsoever.

12. Resolved, That it is the Opinion of this Committee, That no Act of the Corporation shall forfeit the particular Interest of any Person concerned therein.

13. Resolved, That it is the Opinion of this Committee, That Provision be made for the effectual preventing the Officers of the Exchequer, and all other Officers and Receivers of the Revenue, from diverting, delaying, or obstructing, the Course of Payments to the Bank.

14. Resolved, That it is the Opinion of this Committee, That Care be taken to prevent the altering, counterfeiting, or forging, any Bank-Bills or Notes; as likewise against the defacing, raising, or altering, any Indorsement upon any such Bill or Note.

15. Resolved, That it is the Opinion of this Committee, That the Estate and Interest of each Member in the Stock of the Corporation be made a personal Estate.

16. Resolved, That it is the Opinion of this Committee, That no Contract, Bargain, or Agreement, made for any Bank-Stock, to be bought or sold, be good or valid in Law or Equity, unless the said Contract or Agreement be actually registered in the Books of the Bank within Seven Days, and actually transferred within Fourteen Days next after the making such Contract or Agreement.

The First Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That the Bank of England be enlarged by new Subscriptions;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

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

The third Resolution being read a Second time;

An Amendment was proposed to be made therein, by adding "out of the Funds agreed to be continued:"

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 an effectual Provision be made by Parliament for the Payment of the Principal of all such Tallies as shall be subscribed into the Bank, out of the Funds agreed to be continued.

The 4th, 5th, 6th, 7th, and 8th Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The 9th Resolution being read a Second time;

An Amendment was proposed to be made, by adding thereunto "and, in Default thereof, to be answered by the Exchequer, out of the first Money due to them:"

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 Liberty be given by Parliament to enlarge the Number of Bank-Bills, to the Value of the Sum which shall be so subscribed, over and above the One Million Two hundred thousand Pounds; provided they be obliged to answer such Bills at Demand; and, in Default thereof, to be answered by the Exchequer, out of the first Money due to them.

The Residue of the said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That a Bill, or Bills, be brought in, upon the said Resolutions, and upon the Resolutions for continuing the Duties of Tonage and Poundage upon Wine, Vinegar, and Tobacco, and other Things, resolved by the House the 2d of December last: And that Mr. Chancellor of Exchequer, Mr. Attorney General, Mr. Solicitor General, Sir Walter Young, and Sir Herbert Crofts, do prepare, and bring in, the Bill.

Committees.

Ordered, That all Committees be revived.

Ways and Means.

Resolved, That this House will, upon Friday Morning next, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply granted to his Majesty, for carrying on the War against France, for the Service of the Year 1697.

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