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, 28 die Martii;
Disposition by Will in Wales.
Punishing Mutiny and Desertion.
The House proceeded to take into Consideration the Amendment, made by the Lords, to the Bill, intituled, 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:
Practisers of Law to take Oaths.
Duty on Leather.
A Petition of the Tanners in and about the City of London, on behalf of themselves, and all others of the same Trade in the Kingdom of England, was presented to the House, and read; setting forth, That there is a Bill now before the House for continuing several Laws therein mentioned; One of which relates to the Exportation of Leather, which is a great Benefit to the Kingdom; and that the Cordwainers in and about London have also petitioned the House, complaining of the Lowness of the Duty upon unwrought Leather exported: The Petitioners pray, they may be heard to shew their Reasons why the said Law should be continued as it now is.
|Tellers for the Yeas,||
Sir John Bolles,
|Tellers for the Noes,||
9 Skin, 41 L. after "them," read "or the Commissioners of the Navy for the Time being, or any Three of them; or such Persons as shall be appointed by the King for keeping the said Register, or any Three of them: or by the Vice-Admirals of the several Counties, or their Deputies."
12 L. after "being," read "or the Bonds of the Navy for the Time being, or any Three of them; or such Persons as shall be appointed by the King for keeping the said Register, or any Three of them; or by the Vice-Admirals of the several Counties, or their Deputies."
35 L. after "Pay," add "but such Person, for such Offence only, shall not suffer as a Deserter;" and then insert the Proviso A: "Provided, That nothing in this Act contained shall extend to take away or alter the Punishment appointed by an Act, made in the 13th Year of the Reign of King Charles the 2d, for such Captains, Officers, or Mariners, as shall desert the Service of his Majesty, his Heirs or Successors, in his Ships, or shall run away from the said Ships, or entice others so to do."
At the End of the Bill, add Proviso marked B; viz. Provided always, and be it further Enacted, by the Authority aforesaid, That nothing in this Act contained shall be construed to extend to the debarring any Person from being a Chaplain, Surgeon, or any other Officer, in any Office in the Navy, not of Necessity to be executed by a seafaring Man."
Colonel Granville, according to the Order of the Day, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Colchester, in the County of Essex, 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.
That the Poll taken for Sir John Morden did give the Majority, by 2 or 3, for Sir Tho. Cooke; and the Poll taken for Sir Tho. Cooke did give the Majority, by the like Number, for Sir John Morden; and the Numbers, upon the Poll, taken by the Town-Clerk, who sat most commodiously for taking the same, at the Time of closing the same, were agreed to be thus:
By which Account Sir John Morden had the Majority by Six; though the Fact was, That really Sir Thomas Cooke had the Majority of his Poll by Two: But it was also proved, and not disowned by the Town-Clerk, That the Town-Clerk, upon telling the Mayor the Numbers of the Poll, did say, That he was not certain.
Mr. Wm. Duboyes, Mr. John Duboise, Mr. Tho. Morthy, Mr. Tho. Ruse, Mr. John Potter, Mr. Fra. Acton: Who said, That Sir Thom. Cook was invited to stand for Colchester, having been a Benefactor there: That, upon casting up the Poll, Mr. Kendall, that took the Poll for Sir Isaac Rebow, found One or Two more for Sir Tho. Cooke than for Sir John Morden: That, thereupon, Mr. Bennet, Sir John Morden's Brother-in-Law, demanded a Scrutiny upon Sir John Morden's Account: That the Town-Clerk, in casting up the Poll, told the Mayor, He made it Six for Sir John Morden; but said, He was not certain; and desired the Mayor would not declare that Night: That several demanded of the Mayor to declare for Sir Thomas Cook; and a Scrutiny was demanded; and the Books were sealed up, in order to a Scrutiny the next Day: That the next Day, before the Mayor declared, Mr. Shaw demanded a Scrutiny again; but the Mayor declared for Sir Isaac Rebow and Sir John Morden; but refused to declare the Numbers, saying, That he would not return Sir Tho. Cook; but he had his Remedy in Parliament: That Sir Isaac Rebow did say, It signified nothing to put down Queries, for there should be a Scrutiny for the Whole: That some Objections were made at the Time of the Poll, and several were struck out: But several Queries were left upon Foreigners, and Alms-men: But Mr. Potter did confess, that he had a List of the free Burgesses in his Hand at the Time of the Poll; but could not say it was an exact Copy: And that Sir Isaac Rebow, after the Poll was over, did say, It was plain Sir Thomas Cook had it upon the Poll.
Major Haynes: Who said, That there had been a Difference between him and the Lord Lucas, touching 450 l. recovered of him for Money he engaged for at the last Election of Colchester, when Sir Thomas Cooke stood; and that Sir Tho. Cook would not do any thing in it, till the last Parliament was dissolved: And that Sir Tho. Cook said, If he would dissuade Sir John Morden from standing, and engage Sir Isaac Rebow for him, he should have his Money; but it must not be known to be from him, for fear of Bribery.
But Mr. Roberts, being produced, on behalf of the Petitioners, said, That Major Haines desired him to go to Sir Tho. Cook for to procure an Accommodation between my Lord Lucas and him; and said, That if Sir Tho. Cook would accommodate the Matter, he would persuade Sir John Morden not to stand, or prevail with Sir Isaac Rebow to join with him: And, at last, Major Haines said, If Sir Tho. Cook would give him 250 l. he would do what he had promised, and stand upon his own Feet with the Lord Lucas.
Thom. Smith, Mr. Kellam, Mr. Wm. Mott, Mr. John Henly, Mr. Simeon Howard: Who said, That several went about the Town, and declared Sir Isaac Rebow was a Corn-Merchant: and that One said, He had Three Guineas to make a Party for Sir Tho. Cooke; and that the Mayor, upon the Town-Clerk's saying Sir John Morden had the Majority, closed the Poll: But Sir John Morden durst not ride that Night because of the Tumult: That they did not hear a Scrutiny demanded till next Morning; and that, after the Mayor had declared the Election, when the Mayor told them it was too late.
And as to Robert Potter, George Clarke, Tho. Burton, Wm. Hall, Abraham Langly, John Tatem, Sam. Ryder, Robert Robbery, Michael Behates, John Drake, Tho. Draper (minor), Joseph Ewry, Jerem. Groom, Samuel Gibson, Henry Hall, Robert Humphry, John Herbert junior, Nath. Legg, Sir Fra. Massam, Wm. Mott junior, James Peacock, Tho. Prigg, Dan. Pilson, James Rich, Joseph Tabor, John Wheeley; he had searched, and could not find their Names in the Books, except Three or Four, that were so long ago that he did not believe they could be the Men:
By which it seemed, That Oliver Burkyn, John Harvey, Richard Feild, Abr. Behaites, Fra. Mortier, William Rush, Arth. Wencesly, John Cater, Jeremy Talcot, John Shory, were under Age at the Time of the Election:
But the Town-Clerk, being called on the other Side, said, That, of the 58, 12 were sworn upon the 14 October; and Three on the 12 October, being the Day of the Teste of the Writ; and that the said 12, as well as the Three, had a Right to demand their Freedoms; but all the rest were sworn before the Teste of the Writ.
Mr. Shelton: Who said, He had examined the Poors Book, and found that Abraham Dehaine, Tho. Roman, John Martin, Thomas Laye, Tho. Coule, Jos. Ward, are in the Poors Book, and receive out of the Poors Rate.
That as to Wm. Banks junior, Wm. Hill, John James, Moses Chappell, John Smith, James Row, John Sparrow, Tho. Essex, Dan. Bruce, Tho. Seabrook, John Pierson junior, Tho. Brewer, John Sebourn, Abra. Vore, Samuel Choke junior, Geo. Harrison, Jos. Rich, Jasper Walters,* Martindale, Nath. Nevill, John Walker, Jam. Harrison, John Garland, Math. Butcher, John Lucas junior, John Brooks, Tho. Richardson, Tho. Blythe; he had examined the Books, and could not find their Names entered; but, at the same time, he said, He had not seen the Free-schoolbook, wherein many of the Freemens Names are entered. And
And the Question being put, That the House do agree with the Committee in the said Resolution, That Sir John Morden is not duly elected a Burgess to serve in this present Parliament for the Borough of Colchester, in the County of Essex;
Leave of Absence.
The Lords have agreed to the Bill, intituled, An Act for preventing Frauds, and regulating Abuses, in the Plantation Trade, with several Amendments: To which Amendments they desire the Concurrence of this House.
Yarmouth, Isle of Wight, Election.
Colonel Granvill reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Yarmouth, in the County of Southampton, 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, to prove the Surrender, the Petitioner produced an Entry in the Town-Book; whereby Mr. Thomas Urry desired the Corporation to excuse his Attendance, and choose another chief Burgess in his room: And accordingly Mr. Richard Vally was elected and chosen in his room.
Mr. John Barker: Who said, He had been Mayor of Yarmouth, and had looked into the Records of the Town, and found it to be customary for the Majority of the capital Burgesses to consent to make a Freeman; but believes some have been made free when but Three or Four of the capital Burgesses have been present; but then others have consented.
And also produced a By-Law, made 21 September, 22 Car. II di.; by which it is agreed, That no chief Burgess, or free Burgess, should be made, unless the Mayor, and Five of the chief Burgesses, be present, and consent.
Mr. James Dore: Who said, That Edward Cowper, David Stevens, John Lee, John Chiverton, and Daniel Dickenson; whereof the First was Servant to Major Holmes, and lived in a Farm of his; and the other Four were also the Major's Tenants; were made free without his Consent, or the Consent of Mr. Cotton and Mr. Hook; so that though Seven were really present, yet not above Four, with the Mayor, consented to their being made free: But however, he could not say, that any Dissent was declared publickly: But after they were made free, he told Major Morgan it was not fairly done.
And produced a By-Law, 21 Sept. 1680, by which it was agreed, That no chief or free Burgess should be elected, unless the Mayor, and major Part of the chief Burgesses, were present, upon Penalty of 10 l: Which, the Sitting Member's Counsel insisted, was a Repeal of the former By-Law; and the Election of the Five objected to by the Petitioner, was according to the last ByLaw.
Ways and Means.
Sir Thomas Littleton, according to the Order of the Day, reported from the Committee of the whole House, to whom it was referred 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 1696; and for the 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, towards the Supply to be granted to his Majesty, for the defraying the Expences of the Civil List for the Year 1696; and for the Relief of the poor French Protestants; a Duty of One Peny per Gallon be laid upon all low Wines of the first Extraction, drawn or made only from Drink brewed, and made of any Sort of malted Corn.
Resolved, That it is the Opinion of this Committee, That a Duty of Eight-pence per Gallon be laid upon all low Wines, or Spirits of the first Extraction, made or drawn from any foreign or imported Materials, or any Mixture with foreign Materials.
Resolved, That it is the Opinion of this Committee, That, for raising the said Supply, his Majesty be impowered to borrow the Sum of 515,000 l. upon the said Duties, and upon the Revenue; to be paid after the Tallies already struck thereupon.
Resolved, That it be an Instruction, That they be impowered to make Provision for the better securing his Majesty's Duties of Excise on Beer, Ale, and other Liquors; and for preventing the Frauds and Abuses of the Brewers, Distillers, and other Persons chargeable with the said Duties.
Supply Bill; Duty on French Goods.
Sir Thomas Littleton also reported, from the said Committee of the whole House, the Amendments, made by them, to the Bill for granting to his Majesty an additional Duty upon all French Goods and Merchandize; 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.
English East-India Company.
A Motion being made, and the Question being proposed, 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 Trade to the East-Indies;
An Amendment was proposed to be made to the Question, by adding "after the Third reading the ingrossed Bill for restraining the Wearing of all wrought Silks, Bengals, and dyed, printed, or stained, Callicoes, imported into the Kingdom of England, of the Product and Manufacture of Persia, and the East-Indies:"
|Tellers for the Yeas,||
Sir Walt. Yonge:
|Tellers for the Noes,||
Sir Eliab Harvey,
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 Trade to the East-Indies, after the Third reading the ingrossed Bill for restraining the Wearing of all wrought Silks, Bengals, and dyed, printed, or stained, Callicoes, imported into the Kingdom of England, of the Product and Manufacture of Persia, and the East-Indies.