House of Commons Journal Volume 11: 15 April 1696

Mercurii, 15 die Aprilis;

8° Gulielmi Tertii.

Prayers.

Charitable Gifts.

An ingrossed Bill from the Lords, intituled, An Act for the Encouragement of charitable Gifts and Dispositions, was read the First time.

Resolved, That the Bill be read a Second time.

Privilege of a Member in a Suit.

A Petition of Robert Hookes Esquire, formerly presented to the House, was read; setting forth, That, in 1690, the Petitioner was chosen Treasurer to the LinenCompany; and, in February 1690, Articles were entered into between the Petitioner, Sir Tho. Estcourt, and Craven Howard Esquire; whereby Sir Tho. Estcourt was to be Vice-Treasurer, and manage the said Employment, and to account for the Profits arising thereby in Thirds: That, accordingly, Sir Thomas was intrusted; and, it is conceived, he got 30,000 l. Profit thereby; but he refusing to account, the Petitioner and Mr. Howard exhibited a Bill in Chancery against him, about Three Years since; and, after great Delays, Sir Tho. put in an insufficient Answer, which was so adjudged; but has not yet put in any other; but, about Michaelmas 1694, exhibited a Cross-Bill: That, after many Attendances on Sir Thomas, he and the Petitioner came to an Agreement; and entered into an Order, by Consent, to put in their Answers to the said Bills by the 20th of February last; and that the Matters should be referred to the Determination of Sir Tho. Powis; and, for what he should award, Sir Tho. Estcourt, by the said Order waved his Privilege, in order to the Recovery thereof; and both Parties were to enter into Bonds, to stand to the Award: That the Petitioner put in his Answer in time, and has since tendered Bonds of Award to be executed; but Sir Tho. Estcourt has not put in his Answer, nor will seal the Bond: That the Petitioner is sued upon his said Security given to the Company, and is like to suffer greatly for want of the said Account: And praying, That he may be at Liberty to proceed in the said Suit, without incurring the Displeasure of the House.

And Mr. Speaker acquainted the House, That he had received a Letter from Sir Thomas Estcourt; whereby he offered, That if Mr. Craven Howard, a Member of this House, would wave his Privilege in the Suits depending in the said Court, between the said Sir Thomas Estcourt, and the said Mr. Howard and Mr. Hookes, he would wave his Privilege, if the House thought fit;

And Mr. Howard standing up in his Place, and offering to wave his Privilege in the said Suits, if the House please to give him Leave so to do;

Ordered, That the said Sir Thomas Estcourt's and Mr. Howard's Privilege be waved in the said Suits.

Garbling Spices.

Ordered, That the Report from the Committee, to whom the Bill for regulating Abuses relating to garbling Spices, Drugs, and other Merchandize, was committed, be made upon Friday Morning next.

Papists Protestant Heirs.

Ordered, That the Report from the Committee, to whom the Bill to prevent Papists from disinheriting their Protestant Heirs was committed, be made upon Saturday Morning next.

Disposition by Will in Wales.

The House proceeded to take into Consideration the Amendments, made by the Lords, to the Bill, intituled, An Act to take away the Custom of Wales, which hinders Persons from disposing their Personal Estates by their Wills:

And the same were twice read; and, upon the Question severally put thereupon, agreed unto by the House; and are as follow; viz.

At the End of the Bill, add Proviso A: That the Act shall not extend to take away the Right which any Woman now married, or younger Children now born, may have, by virtue of the said Custom.

Ordered, That Mr. Brereton do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendments.

Association signed.

Mr. Speaker acquainted the House, That he had received a Letter from the Lord Bulkley, signifying, That he had considered further of the Association, and had signed the Copy sent him.

Progress of the Coinage.

Ordered, That the Committee appointed to go to the Tower, to take an Account of what new Monies have been coined there, and what forwardness they are in for further coining Silver, have Power to go thither at such times as they shall think fit, for the Purposes aforesaid.

Highway Laws.

Sir Henry Hobart reported from the Committee, to whom the Bill for the better explanation of an Act, of the 22th Year of King Charles the Second, for better Repairing of Highways, was re-committed, That they had made some other 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, all of them, but One, agreed unto by the House.

A Clause was offered to be added to the Bill, That the Act shall not extend to hinder the using more Horses or Oxen than are allowed by the Act, up several steep Hills:

And the same was once read.

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

It passed in the Negative.

Ordered, That the Bill, with the Amendments, be ingrossed.

Greenland Trade.

Ordered, That Sir Robert Cotton, Sir Fran. Masham, Mr. Blofeild, Mr. Yates, Mr. England, Mr. Swift, Mr. Fuller, Mr. Stonehouse, Sir Tho. Day, Mr. Slater, Mr. Shackerly, Mr. Mawdit, Mr. Hoar, Mr. Bagnold, Mr. Colt, Mr. Arnold, be added to the Committee, to whom the Bill for the better Encouragement of the Greenland Trade is committed.

Earl of Torrington's Grant in Bedford Level.

Mr. Brotherton, according to the Order of the Day, reported from the Committee, to whom the Bill for confirming a Grant, under the Great Seal of England, 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 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 read.

And a Motion being made, and the Question being put, That the further Consideration of the said Report be adjourned until Saturday Morning next; and nothing to intervene:

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Leave of Absence.

Ordered, That Doctor Oxenden have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Mr. Preston have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Sir William Lowther have Leave to go into the Country, upon extraordinary Occasions.

Supply Bill; Salt Duties and Land Bank.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the 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.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had made a further Progress in the Matter to them referred; and had directed him to move, That they may have Leave to sit again.

Resolved, That this House will, upon Friday Morning next, resolve itself into a Committee of the whole House, to consider further of the said Bill.

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