Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.
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Sabbati, 14 die Martii;
8° Gulielmi Tertii.
MR. Baldwyn reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to enable Trustees to sell a Messuage, Garden, and Out-house, in Lincolns-Inn-Fields, late of Sir Robert Sawyer, Knight, deceased; and for purchasing other Lands and Tenements, to be settled to the same Uses; was committed; That they had examined and considered the same; and made some Amendments thereunto; 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 twice read; and, upon the Question severally put thereupon, agreed unto by the House; and are as follow; viz.
Press 1. L. 8. After "Molyneux, insert "and also the said Caryll Lord Viscount Molyneux."
L. 19. Leave out "Court yard," and insert, instead thereof, "Courts, Yards."
Preventing Export of Wool.
Sir Rowland Gwyn reported from the Committee, to whom the Bill to prevent the Exportation of Wool, and encourage the Importation thereof from Ireland, 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.
Resolved, That this House will, upon Tuesday Morning next, take the said Report into Consideration.
Disposition by Will in Wales.
Resolved, That Leave be given to bring in a Bill to take away the Custom of Wales, which hinders Persons from disposing of their personal Estates by their Wills: And that Mr. Brereton and Sir Roger Puleston do prepare, and bring in, the said Bill.
Great Queen Street Estate.
An ingrossed Bill, from the Lords, intituled, An Act for the better Improvement of a House and Ground in Great Queen-street, was read a Second time.
Resolved, That the Bill be committed, upon the Debate, to Mr. Sandford, Mr. Stonehouse, Sir Rowland Gwyn, Mr. Moyle, Mr. Foley, Mr. Mountague, Mr. Pocklington, Sir John Conway, Sir John Bolles, Sir Edw. Seymour, Mr. Manley, Mr. Yates, Sir Robert Davers, Mr. Conyers, Mr. Brotherton, Mr. Blaake, Mr. Gwyn, Sir Gerv. Elwes, Mr. Serjeant Coward, Mr. Poulteny, Mr. Frewen, Colonel Perry, Mr. Newport, Mr. Baldwyn, Mr. Bagnold, Mr. Burdet, Mr. Gardiner, Mr. Lowther, Sir Robert Cotton, Mr. Sloane: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.
Courts of Equity.
Ordered, That the Bill for regulating Proceedings in Courts of Equity be read a Second time upon Wednesday Morning next.
Mr. Richard Mountague reported, from the Committee, to whom the Consideration of the Petition of the Carriers, Waggoners, and others, travelling the Western Roads; and also the Petition of the Carriers, Waggoners, and others, travelling the Northern Roads; was referred; the Matters complained of, as the same appeared to the 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.
That the Committee had examined several Witnesses, and find the Matter to be as followeth; viz. First,
Upon the Petition of the Northern Carriers:
Mr. Johnson said, That, within Three Years last past, upon Discourse with Littlehale, who pretended to be a Surveyor of the Highways, the Informant asked him by what Authority he acted, and distrained the Waggoners Horses; who said, He had a Deputation for it from Justice Lawrence, which cost him 20 l: And further asked, What he had done with the Money arising by such Distresses, which belonged to the Poor, and Highways; and by what Law he demanded quarterly Payments of the Waggoners, and took their Geese, Turkeys, and Ducks, without paying for them; to which he said, That what he received of the Waggoners was for Gratuities, for to suffer them to go without making Distresses on them; and, as to the Poor, he was ready to answer to those to whom it belonged to demand it: And Littlehale then told Mr. Johnson, That he had distrained upon one Thom. Smith, Carrier of St. Ives, when he had only Packhorses, for Six Offences committed by him, a Quarter of a Year before, when he drove a Waggon; and made him unload his Pack-horses in Shoreditch, and pay 12 l. 10s. before he could have his Horses and Goods to go on his Journey.
John Guest, of Stamford, Waggoner, said, that he bought of Mr. Warren, formerly Stamford Carrier, his Waggon and Horses, and has followed the Employment of a Waggoner ever since; and that, the first Time of the Informant's coming to London, Littlehale demanded 8 l. a Year of him; and said, his Predecessors paid him after that Rate: That the Informant paid him after that Rate for 3 Quarters of a Year; but Littlehale afterwards raising his Rent, from 8 l. a Year to 12 l. and from thence insisting on 20 l. a Year, the Informant refused to pay him any thing; though, had he stood at his old Rate of 8 l. a Year, the Informant believes he had still paid it him; whereupon Littlehale procured 12 Warrants, of 40s. each, which were served on the Informant by a Constable at Barnet as for so many Offences committed by the Informant, for driving on the Road, contrary to Law; and paid 24 l. 13s. thereupon; and afterwards brought his Action, and had Judgment against the said Constable, for the said 24 l. 13s.; but, he proving poor, the Informant lost his Money:
And said, His Predecessor was under an Agreement with Littlehale to pay him 40s. a Quarter to draw his Waggon with as many Horses as he pleased; but the Informant had not transgressed the Law when Littlehale demanded the first 40s.; nor ever was convicted of any Offence; but paid his Money upon producing of the Warrants against him.
Samuel Meager, Waggoner, said, That, at Coney, as he was driving to London, Littlehale demanded 10s. of him; which the Informant refused to pay; but, as the Informant was returning into the Country, Littlehale seized Two Horses out of Five; and, the Informant proceeding on his Journey with the Three Horses that were left, it killed them all; whereby he is quite undone; and knows not for what Reason Littlehale should demand the 10s. or seize his Horse; for that he never travelled with more than Five Horses:
And says, Littlehale has taken from him, at Newgate Market, Butter, Cheese, &c. without ever paying for them.
William Lacy, of Loughborough, Carrier, said, That he, at first, paid Littlehale 5s. (fn. 1) [a Quarter], and afterwards 10s. a Quarter, for about 10 Years last past, for Liberty to draw as he pleased; and that Littlehale has rode by the Informant when he has drove with more Horses than the Law allows of, without informing against him.
Mr. Ward, Innholder, said, That, in Seven Years time last past, he has compounded with Littlehale, not to inform, for above 20 Waggoners, that they might draw with as many Horses at Length as they pleased; and that, before such Agreement, he was many times forced to go to Barnet, and leave all his Business here, to agree, and make Peace, with Littlehale on behalf of the Carriers, before he would permit them to come to London.
Mr. Forster, of Huntingdon, Carrier, said, That, about Four Years ago, Littlehale seized . . . . . of his Horses at Barnet, by virtue of 6 Warrants granted by one Mr. Justice Hassell, of Barnet; and compelled the Informant to pay 12 l. 6s. thereupon: That one Poynter, Littlehale's Man, as he said, was the Informer; and Littlehale had a Letter of Attorney from Poynter, to receive the Money: And said, That one Murriden, another Carrier, had his Horses seized for the like Sum; and that Littlehale pulled out of his Pocket 30 or 40 Blank Warrants, as he called them:
That afterwards, the Informant came to a verbal Agreement with Littlehale, to pay him 8 l. a Year, by quarterly Payments, that he might draw his Waggon with as many Horses as he pleased, without his Molestation; and then Littlehale has seen, and rode by, the Informant, when he has drawn with 7 and 9 Horses, at Length, and never made any Complaint thereof: But said, That Littlehale would make 6 or 8 Quarters in a Year.
Robert Barnes, of Lincolne, Carrier, said That, for about Ten Years together, his Father, since dead, and himself, did pay Littlehale 4 l. a Year, pursuant to a verbal Agreement made between them, for drawing at Length with more Horses than the Law allows of; and, while they continued Payment of the 4 l. a Year, they drew as they pleased, without his Molestation; but the Informant having since thought it an Abuse of Littlehale, and refusing to pay him any longer, he has produced 10 and 20 Warrants at a time against the Informant, as an Offender against the Statute; and distrained his Horses thereon.
Thomas Woodison said, He has served the Stamford Carriers, as a Warehouse-keeper, for about 24 Years last past; viz. Mr. Warren 12 Years, afterwards his Son about 6 Years, and Mr. Guest, the now Carrier, about 6 Years; and paid for them to Littlehale 40 s. a Quarter for all of his Masters, for their quiet drawing of their Waggons, without the Molestation of Littlehale, but, when young Warren refused Payment, as he did, Littlehale distrained his Horses at Barnet, and made Warren pay 12 l. for the Redemption of them, before he would suffer him to proceed on his Journey: That he heard Littlehale say, That if Guest would pay him 40s. a Quarter, he should draw with as many Horses as he would; but, Guest not complying with him, he made him pay 24 l. at One time: And said, Littlehale would never give him any Receipt for the Money that he so received; but would always shuffle away, with a Pretence of being in Haste; but now-and-then would give the Informant a Shilling to drink his Masters Healths.
John Gilbert, of Holloway, Victualler, said, That Littlehale seized a Horse of one Edward Edwards, a Waggoner, by virtue of a Warrant granted by Justice Harryot for a Riot, as Littlehale said; that Edwards had then but Five Horses in his Team; and Littlehale took the Horse away, and sold him in another County.
Simon Marryott, a Warehouse-keeper, said, That Mrs. Faulkoner, a Carrier, was forced to pay Littlehale 10s. about a Fortnight ago, as Contribution-money, or else he threatened to distrain her Horses.
George Bowyer, a Warehouse-keeper, said, That he paid Littlehale 6 l. Composition-money for Mr. Sedgewick's drawing as he pleased, and 20s. for Francis Spencer; and then Littlehale had 200 blank Warrants about him, as he said:
And no longer ago than the 2d of this Instant March, Littlehale told the Informant, That there were other Committees, and there would be a new Parliament; and that this Matter should not be tried this Parliament.
Thomas Fryer, Carriers Porter, said, That he used to go out of Town to meet the Waggons; and had seen Littlehale (fn. 2) [several times] take of the Carriers at Holloway 2s. 6d. and 5s. apiece, when they have drawn but with Five Horses, and Four, and Three, in Pairs; and threatening to follow them, if they did not pay him; and pulling out Warrants out of his Pocket:
And that Yesterday, the 27th of February, Littlehale threatened the Informant, as he was summoning Witnesses to attend the Committee, to ruin him, if he appeared in this Matter; and that a Gaol should be his Reward; saying, That he had him in a Gaol once before, as he had last Year on an Action; and he would spend the Cloaths off his Back but he would have him there again.
John Roach said, That Fryer coming to the Ram Inn in Smithfield to summon Witnesses, who were Carriers, to attend the Committee; and the Informant's Master not being at home; Fryer left the Summons with Roch; and Littlehale, being then present, said to Fryer, What! have you nothing else to do than to serve Orders? I will find some other Employment for you; I had you once in Gaol, and I will spend my Cloaths off my Back, but I will have you in again; or Words to that Purpose: To which Fryer answered, He would serve Orders for him if he would pay him for doing it.
Thomas Elsey said, he heard Littlehale say, as he was going out of the Ram Inn, That he had him once in Gaol, and he would spend the Cloaths off his Back, but he would have him there again.
Thomas Slan said, That he heard Littlehale threaten Fryer, as aforesaid; but knows not for what Reason,
To these Complaints Littlehale answered, and said,
That he had received Money many times of the Carriers, but not by virtue of any Agreement made with them for quarterly Payments, to give them a Liberty to draw with more Horses than the Law allows them, as they pretended; but the same was by way of Gratuity, for keeping the Roads in Repair, and for travelling from Place or Place, at the Carriers Request; and prosecuting in the CrownOffice the several Parishes where the Highways were defective:
And produced a Certificate out of the Crown Office, to shew the several Prosecutions:
But the Committee did not think fit to receive it for Evidence.
That he acted as Deputy-Surveyor of the Roads, by virtue of a Deputation granted him, for l.20 by Mr. Justice Lawrence, for 21 Years: And, the Committee demanding the same of him, he said, That he had it not about him:
That, it is true he many times caused the Waggoners Horses to be seized on the Road; but it was for Offences done by them contrary to Law; and the Constables executed the Warrants, and distributed the Money, as the Laws directs; and, as to what Poynter did, Littlehale says, He is not his Servant, but acts as an Informer for himself:
That he received 8 l. of Woodison, upon the Account of (fn. 3) [Guest, for] getting Baldock-Lane repaired; and Guest afterwards sued him for the Money, as for Money lent:
And that Guest, and other Carriers, have brought an Action of 1,100 l. against Littlehale, and have beaten him, on purpose to discourage him from prosecuting them for their Offences; and that Guest has drawn with 9 Horses at Length at a time; and made his Brags, That he had conquered Littlehale, when he was not prosecuted.
As to the Threatening of Fryer, he said, That he never did threaten him for serving the Orders of the Committee; but told him, He had put 8 or 10 Names to the Petition against Littlehale; and that perhaps he might repent it:
And said, That Fryer is a Fellow of no Reputation, and will say or swear any thing; and that, last Year, he swore the Peace against Littlehale, when he did not touch the Person pretended to be assaulted:
That not above 3 or 4 of the pretended Petitioners did really sign the same; which he could prove, if he had Time, as he said; but that his Witnesses, being Waggoners, were out of Town, and had not been in Town since he had Notice of the Petition; and denied what Bowyer said touching this or a new Parliament:
But Bowyer justified it to his Face before the Committee.
Mary Smith, Littlehale's Sister, said, That about a Fortnight ago, she was at the Ram Inn in Smithfield, in Company with her Brother, and Mitchell, Newcomb, Banks, and Chapman, Four of the pretended Petitioners; who denied, that they had set their Hands to the Petition.
To answer her Information, the Petitioners produced,
Robert Beeson: Said, That Banks and Newcombe gave him Orders to sign the Petition for them; and that young Chapman signed for his Father.
John Edwards said, That, about a Fortnight ago, he served Littlehale with an Order to attend the Committee, thereby giving him Notice of the Waggoners Petition.
Upon the Petition of the Western Carriers:
The Matter appeared as followeth; viz.
John Edwards said, That, about a Year and Half since, one Palmer, who was Feilder's Man, upon a Warrant granted by Sir Roger Langley, distrained his Horses, at Hounslow, for an Offence formerly committed, by drawing on the Road with Five and Three Horses, contrary to Law, as Palmer said; but Edwards said, he rather believed it was because he refused to pay Feilder 10s. quarterly as he used to do, by reason of an Agreement made between them for that Purpose; whereby Edwards was to have Liberty to drive with as many Horses as he pleased; and during the Time that he kept such his Payments, Feilder never troubled him; but he cannot say, that Feilder ever saw him draw contrary to Law, though, in Cases of Necessity, he has so done; however, he was weary of his said Agreement, which he looked upon as an Abuse; and thought it was high time to break it, having paid, as he believes, in Money, and its Value, at times, about 20 l.
And said, That other Waggoners, who were not under an Agreement with Feilder, their Horses were distrained, when Edwards went free; and that, on Discourse with Feilder, he urged, that the Waggoners ought not to drive with more than Four and Three Horses; but, if they would agree with him, they should draw as they pleased.
And further said, That Palmer, about 3 Weeks ago, told the Informant, That he would have 10 Parliamentmen for him, to One against him; and, if they got the better of the Petitioners they would have no more Mercy on them, than they would have of a Toad under a Harrow.
Mr. Whitaker, a Petitioner, said, That he agreed with Feilder for 7s. a Quarter, to draw his Waggon with as many Horses as he pleased; and that, since such Agreement, Feilder has seen Whitaker draw with above Five Horses at Length; and did not inform against or molest him in his Journey.
Mr. Fox said, That Feilder is indicted, by Order of the Lord Chief Justice Holt, for taking the 7s. Composition-money of Whitaker, as aforesaid, for a Forfeiture.
Giles Ithell, Carrier, of Somersetshire, said, in January 1691, he was drawing his Waggon up a Hill, with above Five Horses at Length, it being very slippery, by reason of the Frost and Snow that then happened; and Feilder overtook him; and, they afterwards drinking together at Bristoll, Feilder said, That he was the King's Surveyor of the Roads, to see that the same were kept in good Repair, and to see them punished that offended contrary to Law; and that Ithell had so done; but, if he would draw at Length, he must pay as others did: Whereupon Ithell then paid Feilder 20s. to be quiet; and afterwards made a verbal Agreement in London, to pay him 10s. a Quarter, to draw as he pleased; and then Feilder, and his Man Palmer, often saw him draw with Seven and Nine Horses at Length, without any Hindrance:
And said, That Feilder persuaded him to buy Two Flitches of Bacon for him, which cost 20s. which he ordered to be left at Slow, and afterwards received them; but never paid any thing for them.
Susan Walthew, Warehouse-keeper at the Swan Inn, said, That she belongs to Thirteen or Fourteen Carriers; and has paid Feilder several Sums of Money for all of them; and for some 10s. and others 20s. at a time, as quarterly Payments; and when he has come to demand his Rent, when she has had no Orders to pay him, he has sworn, God damn them, he would be revenged of them; and, when they have not kept their Payments according to his Expectation, he would seize their Waggons, at Hounslow, by Warrants, when they have drawn with Four and Two in Pairs, and Five and Three in Pairs; and said, He would have Money, let them draw as they would; and that, if they draw with less than the Statute allows, it was a Breach of the Law; and heard him say, That he had gotten 600 l. by the Carriers; and that he and Littlehale had agreed, that Littlehale should have the Northern Road, and he was to have the Western Road.
Flexny Brookes, of Hounslow, Innkeeper, said, That he did see Feilder distrain a Horse of one Hulver, at Hounslow, for drawing with Five and Four Horses.
Tobias Lewton, of Dinton, Waggoner, said, That Feilder kept a List of the Waggoners travelling the Western Roads; and, when they were in Arrear of their quarterly Payments, he would shake his Cane, and say, He would make an Example of all such Rogues as did not keep their Words:
That he agreed to pay Feilder 10s. a Quarter; and afterwards, both he, and his Man Palmer, did see him draw with 9 Horses at Length, and 13 Horses in a Team, and did not complain; but Feilder did say, He would have Money of the Waggoners, let them draw in what manner soever they could; for that it was impossible for them to travel the Roads without a Breach of the Law.
Richard Brown said, That he paid Feilder 5s. a Quarter, to draw as he pleased; and believes, that in 7 Years time he has paid him about 20 l.
Tho. Child Waggoner, said, He agreed with Feilder, and has paid him 5s. and 7s. a Quarter, to drive with as many Horses as he pleased; and then Feilder had rode by him, when he has drawn with more Horses than the Law allows, without complaining.
Anthony Webb, of Gloucestershire, Waggoner, said, he has paid 10s. a Quarter to Feilder, for 6 or 7 Years, to drive with as many Horses as he pleased; and, while he kept to such Payments, Feilder and Palmer has seen him draw contrary to Law; yet never molested him.
To these Complaints,
Mr. Feilder said, That he has received of several of the Complainants 5s. and 10s. at a time, for his Civility in advising them not to transgress the Laws, by drawing with more Horses than the Law allows of, and for travelling, and causing the Overseers to amend their several Highways; but never received above 10s. of any Person at One time; and never made any Agreement or Composition with the Waggoners, whereby to give them any Liberty or Encouragement to draw with more Horses than the Law allows of; nor has he taken any Money since St. Paul's Day was Two Years, from any of the Waggoners, in any other Manner than what was recovered, in pursuance of the several Statutes made for repairing the Highways, by virtue of Warrants granted by the Justices of the Peace for that Purpose; which were always served by the proper Officer, and the Forfeitures distributed by the Constable, or other Officers of the Parish, according to the Direction of the several Acts of Parliament:
And said, if he had offended in taking Money without a Warrant, he did it through ignorance; begged Pardon for it; and said he would do so no more; and submitted to the House:
That his present Majesty, in the First Year of his Reign, granted a Patent to Michael Studholme, Esquire, for the Office of Keeper of his Majesty's Roads; and, for the First Year after the Patent, Mr. Studholme made Feilder his Deputy from Month to Month, and afterwards from Three Months to Three Months, till June 1692; and then gave him a general Deputation, without any Limitation; under which Feilder acts; and produced the Deputation:
That the Deputation was granted to Feilder, in Consideration of his great Losses, by trusting the late King James's Army, and Attendance at Windsor, and Hounslow, with Corn, Hay, and Straw; he being a Cornchandler, and then living at Windsor:
That he always attended his Majesty in his Progress, and where-ever he travelled in England; and waited on his Majesty into Ireland; and managed, and looked after, the making the new Coach-way, from the Cockpit to Kensington, through Hide Park; and never, till after that Way was finished, followed the Employment of an Informer:
That Littlehale offered Mr. Studholme Money for his Deputation; but Mr. Studholme said, He would not have any thing to do with him, nor any-body else, in that Manner:
And said, It is true, that it was agreed between Littlehale and himself, that one should look after the Northern Roads, and the other after the Western Roads; and it was the Desire of the Western Carriers, that Littlehale might be kept out of that Road:
And said, He many times saw the Carriers commit Forfeitures; but did not inform against them, because it was Mr. Studholm's Direction not to be severe upon them:
And produced a Certificate, under the Hands of many of the Carriers travelling the Western Road, certifying, that they knew not of any Compositions made with them, or any others, by Feilder, or his Man Palmer, to give them Liberty to draw with more Horses than the Law allows of; nor ever heard, or were informed, that they ever disturbed any body that drove with more Horses than they might do by Law: All which they would have testified, but that their Business is so confined to particular Stages, that they could not attend to give their Evidence, without great Prejudice, as the Certificate mentions:
Which he proved by one Collins.
Thomas Collins said, He saw the several Persons, whose Names are set to the said Certificate, sign the same, except Margaret Vyner, who could not write herself, but ordered her Porter to set her Name to it.
And that, upon the whole Matter, the Committee came to the Resolutions following; viz.
Resolved, That it is the Opinion of this Committee, That the Petitioners have fully proved the Allegations of their several Petitions; and deserve the Relief of the House.
Resolved, That it is the Opinion of this Committee That the House be moved, That Leave be given to bring in a Bill for explaining the several Acts relating to the Highways; and for preventing the Abuses arising thereby.
Ordered, That Leave be given to bring in a Bill for explaining the several Acts relating to the Highways; and for preventing the Abuses arising thereby: And that Mr. Mountague, Sir Hen. Hobart, and Mr. Duncombe, do prepare, and bring in, the Bill.
Ordered, That a Copy of the said Report he delivered to Mr. Attorney-General; and that he do take care to prosecute John Littlehale, and Richard Feilder, and others, mentioned in the said Report, for the Crimes therein mentioned.
A Person committed for threatening Summoner of Witnesses.
Ordered, That John Littlehale, for threatening the Person employed to summon the Witnesses to attend the said Committee; be taken into the Custody of the Serjeant at Arms attending this House.
A Petition of the High Sheriff, Justices of the Peace, and Grand Jury, at the Assizes held at New Sarum, in the County of Wilts, the 6th Day of March instant, was presented to the House and read; setting forth, That the Bill, now depending . . the House, for making the River Avon, in the Counties of Wilts, Gloucester and Somerset, navigable, will, if it should pass, be very prejudicial to the Petitioners, and the Farmers of Wiltshire: for that it will lessen all Sorts of Land-carriage; and, thereby, the Consumption, made by the Carriers, and their Cattle, will be lessened; and the great Addition of Corn and Grain that will be brought out of remote Parts by Water, to Bath, and thence dispersed; which will not only hinder the Vent of the Product of the Petitioners Lands but, consequently, the Rents thereof must fall; for that Corn, brought by Water to Bristoll, and thence being conveyed on Horseback, does, at some Seasons of the Year, glut the Markets as far as Warminster, Devizes, and other Places, in Wiltshire: And praying, That they may 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.
A Petition of the Bakers of the City of Bristoll was presented to the House, and read; setting forth, That the Bill, now before the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somerset, navigable, will be a great Prejudice and Wrong to the Petitioners, if it should . . . .; for that thereby several Mills will be taken down, which grind Corn for the Supply of Bristoll, which cannot be ground elsewhere: And praying the House to consider of the Petitioners Case, before the Passing of the said Bill.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.
A Petition of the Gentlemen, Clergymen, Yeomen, Farmers, Land-holders, and other Inhabitants, in and about Colerne, North Wraxall, Castle-comb, and Yatton, in the County of Wilts, was presented to the House, and read; setting forth, That the Bill, now in the House, for making the River Avon, in the Counties of Wilts, Somerset, and Gloucester, navigable, if it should pass into an Act, will be a very great Damage to the Petitioners, and Multitudes of Families, both in, near to, and remote from, Bristoll and Bath; and will also be a much greater publick Evil than Good; which they doubt not to make appear: And praying, That they may be heard, to offer their Reasons against the Passing of the said Bill, if the House think fit.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.
A Petition of the Gentlemen, Aldermen, CommonCouncilmen, Tradesmen, Freeholders, and other the Inhabitants, of the City of New Sarum, in the County of Wilts, was presented to the House, and read; setting forth, That the Bill, depending in the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somerset, navigable, will, the Petitioners are very sensible, be a great Advantage to them, and all adjacent Places of the said several Counties; and, in all Probability, a great Promotion of Trade in general: And praying, That the said Bill may pass without any Obstruction.
Tavistock Return amended.
The Clerk of the Crown attended, according to Order, and amended the Return for the Borough of Tavistock, in the County of Devon, by rasing out the Name of the Lord James Russell; and inserting the Name of Ambrose Mannaton Esquire, in the room thereof.
Mr. Ambrose Mannaton, being elected to serve in this present Parliament as a Burgess for the Borough of Tavistock, in the County of Devon; and also for the Borough of Camelford, in the County of Cornwall; made his Election to serve for the said Borough of Tavistock.
Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the Borough of Camelford in the County of Cornwall, in the room of Ambrose Mannaton Esquire; who hath elected to serve for the Borough of Tavistock, in the County of Devon.
Leave of Absence.
Ordered, That Mr. Ambrose Mannaton have Leave to go into the Country, for Recovery of his Health.
Mr. Conyers, according to Order, presented to the House a Bill for settling and regulating the Trade to Africa: And the same was received.
Ordered, That the Report from the Committee of Privileges and Elections, touching the Election for the Borough of Southampton, be made upon Tuesday Morning next.
Ordered, That all Committees be revived.
Leave of Absence.
Ordered, That Mr. Hillersden have Leave to go into the Country, for Recovery of his Health.
Sir Thomas Littleton, according to Order, reported, from the Committee of the whole House, to whom it was referred to consider of a Motion, made upon Wednesday last, for a Supply to be granted to his Majesty, for defraying the Expences of the Civil List, for the Year 1696; and for Relief of the poor French Protestants; 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.
Resolved, That it is the Opinion of this Committee, That a Supply be granted to his Majesty, towards defraying the Expences of the Civil List, for the Year 1696.
Resolved, That it is the Opinion of this Committee, That a Supply be granted to his Majesty, for the Relief of the poor French Protestants.
The said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.
Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider of the Supply to be granted to his Majesty, towards defraying the Expences of the Civil List, for the Year 1696; and for the Relief of the poor French Protestants.
Earl of Torrington's Grant in Bedford Level.
Sir Richard Onslow reported from the Committee, to whom the Bill for confirming a Grant 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; was committed: That they had considered the same; and the Petition of the Countess of Dorchester, referred to the said Committee; and had made an Amendment 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 was twice read; and, upon the Question put thereupon, disagreed unto by the House.
A Clause was offered, to be added to the Bill, That the Bill shall not prejudice the Countess of Dorchester's Title in Law or Equity:
And the same was once read; and by Leave of the House, withdrawn.
Another Clause was offered to be added to the Bill, to confirm the Deeds by which she claims:
And the same was once read:
And the Question being put, That the Clause be read a Second time;
It passed in the Negative.
Resolved, That the Bill be re-committed to the same Committee, upon the Debate of the House: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.
A Message from the Lords, by Sir Miles Cooke and Mr. Meredeth:
The Lords have passed a Bill, intituled, An Act for Sale of Lands in Horsington, in the County of Somerset, Part of the Estate of Christopher Ridout, an Infant, for Payment of Incumbrances charged thereon; and for preserving the Residue of the said Estate for the Infant: To which they desire the Concurrence of this House.
And then the Messengers withdrew.
Punishing Mutiny and Desertion.
An ingrossed Bill for continuing several former Acts for punishing Officers, and Soldiers, who shall mutiny, or desert his Majesty's Service; and for Payment of Quarters, was read the Third time.
Resolved, That the Bill do pass: And that the Title be, An Act for continuing several former Acts for punishing Officers, and Soldiers who shall mutiny, or desert his Majesty's Service; and for punishing false Musters; and for Payment of Quarters; for One Year longer.
Ordered, That the Lord Coningsby do carry the Bill to the Lords, and desire their Concurrence thereunto.
Supply Bill; Salt Duties and Land Bank.
Mr. Solicitor-General, according to Order, presented to the House a 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: And the same was received.
Ordered, That the said Bill be read upon Monday Morning.
And then the House adjourned till Monday Morning, Nine a Clock.