House of Commons Journal Volume 12: 9 April 1698

Sabbati, 9 die Aprilis;

Decimo Gulielmi Tertii.

Prayers.

Escapes of Debtors.

A PETITION of William Weedon Ford Esquire, Warden of his Majesty's Prison of the Fleet, was presented to the House, and read; setting forth, That the Petitioner is seised in Fee of the said Office, subject to the Payment of several great Debts; and finds that he is in Danger of being aggrieved by a Bill, now committed, for the further Relief of Creditors in Cases of Escapes; and for preventing Escapes, and other Abuses in the Keepers of Gaols: And praying, That he may be heard touching the said Bill.

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

Burgh's Estate.

An ingrossed Bill from the Lords, intituled, An Act for settling certain Lands, in Essex, on Thomas Burgh Esquire, and his Heirs, in lieu of other Lands, of greater Value, conveyed by him according to a Decree, and the Will of Sir Samuel Jones, deceased, was read the Third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Brotherton do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, without any Amendment.

Return of Juries at Assizes.

A Bill for the more easy Return of Juries at the Assizes and Sessions was, according to Order, read the First time.

Resolved, That the Bill be read a Second time.

Sufferers at Londonderry.

Sir Robert Clayton reported from the Committee, to whom the Petition of the Mayor, Commonalty, and Citizens, of the City of Londonderry, in Ireland, was referred, That they had examined and considered the same, and come to several Resolutions; which they had directed him to report to the House; 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.

Resolved, That it is the Opinion of this Committee, That the Allegations contained in the Petition are true.

Resolved, That it is the Opinion of this Committee, That it appeared to the Committee, upon Examination of the Petition, that the publick Losses, Disbursements, and Damages, sustained by the Inhabitants of that City, are, in the said Petition, very moderately computed; and the Losses besides, to particular and private Persons, are very great.

Resolved, That it is the Opinion of this Committee, That the Services and Sufferings of the said City, on the late Revolution, were very eminent, and of great Consequence to his Majesty's Service, and the Preservation of the Three Kingdoms.

Resolved, That it is the Opinion of this Committee, That, in regard thereof, the said City hath well deserved, and ought to be refunded the Monies in the Petition mentioned; and to have some special Mark of his Majesty's Bounty, for a lasting Monument to Posterity.

That, in Order thereto, it is humbly proposed, That something in particular, which the Wisdom of this Honourable House shall think fit, be humbly recommended to his Majesty to be done for the same.

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

The last Resolution being read a Second time;

An Amendment was proposed to be made therein, by leaving out "and ought to be refunded the Monies," and inserting, instead thereof, "to be considered for the Damages:"

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

Resolved, That this House doth agree with the Committee in the said Resolution, so amended, That, in regard thereof, the said City hath well deserved to be considered for the Damages in the Petition mentioned; and to have some special Mark of his Majesty's Bounty, for a lasting Monument to Posterity.

Ordered, That it be referred to the same Committee, to draw up an Address, to be presented to his Majesty, setting forth the Substance of the said Petition, and the said Resolutions; and humbly praying, That his Majesty will please to make some Compensation for the said Damages, out of the Customs of the said City, or otherwise, as to his Majesty, in his princely Wisdom, shall think fit.

Ecclesiastical Courts.

Ordered, That Leave be given to bring in a Bill to regulate the Proceedings and Process of the Ecclesiastical Courts: And that Mr. Sloane and Mr. Dolben do prepare, and bring in, the Bill.

Suppressing House-breakers.

Ordered, That Sir Rowland Gwyn, Sir Geo. Hungerford, Sir John Bolles, Mr. Burrard, Sir Fra. Masham, Mr. Blofeild, Mr. Perry, Mr. Phillips, Mr. Mountstevens, Mr. Clark, be added to the Committee, to whom the Bill for the better Discovery, and Suppressing, of Housebreakers is committed.

Seamens Arrears.

Sir John Bolles reported, from the Committee, to whom the Petition of the Officers and Seamen belonging to the Newport, Blaze Fireship, Portsmouth Prize, Hind Pink, and Wren Pink, was referred, the Matter, as it appeared to the Committee; which he read in his Place; and afterwards delivered in at the Table.

Ordered, That the said Report do lie upon the Table, to be perused by the Members of the House: And that the same be read, and taken into Consideration, upon this Day Sevennight.

Hudson's Bay Company's Charter.

The House being acquainted, That a Person attended at the Door with the Charter of the Hudson's Bay Company;

He was called in; and, at the Bar, presented to the House the said Charter.

And then withdrew.

Ordered, That the said Charter be referred to the Committee of the whole House, to whom the Bill for confirming to the Hudson's Bay Company their Privileges and Charter is committed.

Privilege of a Member in a Suit.

The House, according to Order, proceeded to take into Consideration the Report from the Committee of Privileges and Elections, upon the Petition of William Wharton, and Eunice his Wife:

And the same was read; and also the Resolution of the Committee thereupon; and is as followeth; viz.

Upon the Petition of William Wharton Esquire, and Eunice his Wife, praying Leave to proceed against Sir Joseph Tyley, both in Law and Equity, upon a Bond pretended to be entered into by Sir John Roberts, deceased, of the Penalty of 3,000 l. for Payment of 1,500 l. to the Petitioner's Wife, after his the said Sir John Roberts his Decease; and also for a Legacy of 300 l. given her by the said Sir John Roberts his Will; the said Sir Joseph Tyley's Lady being the Widow and Administratrix, with the Will annexed, of the said Sir John Roberts;

The Committee have examined the Matter thereof:

That as to the Bond of 3,000 l. Penalty, it was agreed, That there had been Three Actions brought upon it: Upon the First, the Petitioner was Nonsuited; upon the Second, the Defendant had a Verdict; and, upon Neglect of the Defendant's Attorney, to enter up the Judgment, upon a Motion the then following Term, a new Tryal was granted, which was had by a special Jury at Bar; and, upon that, the Plaintiff had a Verdict and Judgment:

Privilege of Member in a Suit.

That the Counsel for Sir Joseph Tyley insisted, That the said Bond was forged; and that, since the last Tryal, they had discovered such Evidence, as they were able to make out the Forgery; and therefore offered, That, if the Petitioners would wave their Judgment, Sir Joseph Tyley would wave his Privilege, and abide the Issue of another Tryal: But the Petitioners Counsel did not think fit to accept of that Offer.

That then the Bond was produced by the Petitioners: But they said, They were not provided with Witnesses to prove it, they relying on the Judgment had upon it.

That thereupon the Counsel for Sir Joseph Tyley produced

Hugh Preston; whose Name was first set as a Witness to the said Bond: And the said Preston said, That he had been a Servant in Sir John Roberts's House:

That he knew the other Two Persons, named to be Witnesses; but said, He did not believe it to be his Hand; and had been produced at Three several Tryals; and had sworn so at them all.

Mr. Henry Cudmore said, when he first saw the Bond which was about January 1692, he took particular Notice of it; and that it was sealed with a Seal of Seven Stars, without turning down the Paper, as it seemed now; and it is since sealed with the Coat of Arms of Sir John Roberts.

That then Ebenezer Broome was produced; who, some time before, had owned the Writing of the Bond, or a Copy of it, and shewed Remorse for it; but he, being examined before the Committee, denied that the Bond was of his Hand-writing, or had confessed that he had forged it; but said, He had made a Copy of it for his Mother: And further said, That Sir Joseph Tyley sent for him to a Publick-house, and charged him with Forgery; and threatened to send him to Newgate; which made him say what he did: He did likewise say, That he had been ill for a Fortnight; and afterwards was told he then said all manner of things: And denied, That he knew Mrs. Wilson, or Mr. Dixon.

That thereupon the said Ebenezer Broome was confronted by Mr. George Heath, Sir Thomas Lane, and Mr. John Watson: And

Mr. Heath and Mr. Watson said, That they were at the Publick-house, where Sir Joseph Tyley sent for Mr. Cheshire, the Master of the said Ebenezer Broome; and told him, That he suspected the said Broome for forging a Bond: Thereupon his said Master sent for him; and, when he came, he was asked, If he know Mrs. Wilson: He denied it: Thereupon Mrs. Wilson told the Story, How Broome's Mother brought him to her Husband, to be cured, as a Person disturbed in his Mind: And that her Husband asking his Mother, What was the Occasion of her Son's Illness, and she offering to answer to it, the said Broome interrupted his Mother; and said to Mrs. Wilson's Husband, Don't believe my Mother; I have, by her Order, forged a Bond of 1,500 l. from Sir John Roberts: And thereupon the Doctor said, He would have nothing to do with him: And, after Mrs. Wilson had told the Story at the said Publick-house, Ebenezer Broome said, It was all Shams; and thereupon he was charged with a Constable, and carried before Sir Thomas Lane.

That, as to what passed before Sir Thomas Lane,

Sir Thomas Lane was examined; who said, That Ebenezer Broome was brought before him, by his own Warrant, for counterfeiting the Bond in question; and that the Evidence against him was, as Mr. Heath and Mr. Watson, testified: And thereupon he having ordered his Mittimus to Newgate, the said Ebenezer Broome desired then to speak with him; and said, He would confess: Upon which Sir Thomas Lane cautioned him to say nothing but what was Truth; and then left the said Broome and his Clerk together: And his Clerk took the said Broome's Confession, which was to this Effect; That about Five Years ago, his Mother gave him a Bond to Copy out, and stood by him whilst it was doing; and his Mother ordered him to be very exact in copying the Bond, both as to the Form of the Words, and Manner of Writing; and, to the best of his Knowledge, the Bond was of 3,000 l. Penalty for Payment of 1,500 l. to Eunice Broome: That he could not tell whether it was signed or sealed, that Part being hid: And he said, He believed that Bond had been produced at several Tryals: That he could not tell who counterfeited the Hand and Seal of Sir John Roberts; but he said, He was about the Age of Seventeen when he wrote it: That he was not, at that time, so sensible of his Fault, as at the time of his Examination; but, if he had thought such ill Use would have been made of it, he would not have writ the said Bond for all the World: That the said Examination was read over to him; and he read it himself; and afterwards swore it.

That Sir Thomas Lane's Evidence was confirmed by Mr. Heath and Mr. Watson; and all of them agreed, That there was no unfair Threatening used by Sir Joseph Tyley: And Mrs. Wilson was also produced, who gave the same Evidence to the Committee, which Sir Thomas Lane, Mr. Heath, and Mr. Watson, had before given an Account of.

That there was also produced to the Committee the several Answer and Disclaimer of Anne Broome, and Eunice Broome, when sole, to the Bill of Complaint of Sir John Roberts, sworn 21 March 169 . . .; which is in general Words; and, in the said Disclaimer, there is no Notice taken of the said Bond.

Mr. Heath said, That, on Tuesday 15 March, he went to Ebenezer Broome, at the Spunging-house, to see how he did; and that the said Broome told him, He had nothing to say to Sir Joseph Tyley, nor him; and that he should find as many Friends as him, or Sir Joseph Tyley.

That then, for the Petitioners, the Counsel called.

John Shilton, who is one named as a Witness to the said Bond: The said Shilton said, He was Servant to Sir John Roberts; and called up by him; and bid to put his Hand to a Writing; and believes this Bond was that Writing, and that his Hand is to it as a Witness; but was not certain.

He said, He did not remember he see Sir John Roberts sign it, or seal it: That Sir John Roberts did not tell him the Contents of the Writing he was a Witness to; and did not hear Sir John Roberts speak of any such Bond during his Life.

That the Petitioners also called

Mrs. Mary Love, Mr. Henry Palmer, and Mr. Wharton; who said, That when Ebenezer Broome was at a Spunging-house, he was for some time denied to him.

Mr. Henry Palmer said, He was by when the Bond was shewed to Mr. Cudmore, and the Bond that then was produced had the Word Millibus, which agreed with the Bond produced to the Committee.

Ebenezer Broome said, He was in the Compter upon an Action of 6,000 l. at Sir Joseph Tyley's Suit; which Sir Joseph Tyley said, He would justify and maintain by virtue of the Statute, which gives double the Penalty against any Person that shall forge a Bond.

And that, upon the whole Matter, the Committe came to this Resolution:

Resolved, That it is the Opinion of this Committee, That the Petitioners have not made good the Allegations of their Petition.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the Petitioners have not made good the Allegations of their Petition.

Arbitrations.

Ordered, That Sir Francis Massam, Mr. Arnold, Mr. Perry, Mr. Phillipps, Mr. Colt, Sir Walter Young, Sir Thomas Roberts, Mr. Blofeild, Sir Marm. Wyvell, Mr. Thornhagh, Mr. England, Sir Ch. Windham, Mr. Cooper, Mr. Morgan, Sir Joseph Tyley, Mr. Blake, Mr. Fuller, be added to the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for determining Differences by Arbitration, was committed.

Ways and Means.

Sir Thomas Littleton, according to Order, reported, from the Committee of the whole House, to whom it was referred to consider of Ways and Means for raising the Supply granted to his Majesty, the Resolutions of the said Committee; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Table: Where the same were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That, towards the Supply granted to his Majesty, an Imposition be laid upon all beneficial Grants from the Crown, in England or Ireland, since the Twenty-ninth Day of May One thousand Six hundred and Sixty.

Resolved, That it is the Opinion of this Committee, That, towards the Supply granted to his Majesty, an Imposition be laid upon all forfeited Estates which have been restored by the Crown, by Reversal of Outlawry, or otherwise, since the 29th Day of May 1660.

Resolved, That it is the Opinion of this Committee, That the said Imposition, upon all beneficial Grants be a Fourth-part of the clear real Value of the said Grants.

Resolved, That it is the Opinion of this Committee, That the said Imposition, upon all forfeited Estates which have been restored by the Crown, by Reversal of Outlawry, or otherwise, be a Fourth-part of the clear real Value of the said forfeited Estates.

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

Ordered, That a Bill be brought in upon the said Resolutions: And that Mr. Attorney-General, Mr. Solicitor-General, and Mr. Lowndes, do prepare, and bring in, the same.

Leave of Absence.

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

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

Russia Trade.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill for encouraging and improving the Trade to Russia.

Mr. Speaker left the Chair.

Mr. Norris took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Norris reported from the said Committee, That they had gone through the Bill, and made several Amendments; which they had directed him to report, when the House will please to receive the same.

Ordered, That the said Report be made upon Wednesday Morning next.

African Trade.

Resolved, That this House will, upon Monday Sevennight, resolve itself into a Committee of the whole House, to consider further of the Bill to regulate and settle the Trade to Africa; and nothing to intervene.

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