House of Commons Journal Volume 11: 15 April 1697

Jovis, 15 die Aprilis;

9° Gulielmi Tertii.

Prayers.

Hammond's Marriage Settlement.

AN ingrossed Bill, from the Lords, intituled, An Act for the enabling the Sale of the Manor of Rowling; in Kent; which, by Mistake, was, by general Words, comprised in the Marriage-Settlement of Wm. Hammond Gentleman, contrary to the Meaning of the Parties; was read the Second time.

Resolved, That the Bill be committed to Mr. Hammond, Sir John Phillipps, Sir Cloudsly Shovell, Mr. Clobery, Mr. Arnold, Sir John Elwell, Mr. Colt, Sir Ra. Delavall; Mr. Shackerly, Sir Wm. Hustler, Mr. Evelyn, Sir Henry Hobart, Mr. Pocklington, Mr. Campion, Mr. Moore, Mr. Burrard, Mr. Mountstevens, Mr. Carr, Mr. Moyle, Mr. Norris, Sir Fra. Masham, Mr. White, Mr. Gerey, Mr. Brotherton, Mr. Conyers, Mr. Whitaker, Mr. Foley, Mr. Stonehouse, Mr. Frewen, Sir John Bolles, Mr. Mountague, Mr. Bertie, Sir Henry Colt, Mr. Mawdit, Mr. Lowther, Sir Jo. Woolstenholme, Mr. Waller, Mr. Randall; and all that serve for Kent and Sussex: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Army Arrears.

Mr. Gery reported from the Committee, to whom the Petition of Katherine Lovelace, Administratrix to her Sonin-Law, Captain Peircy Kirk, was referred, That they had considered the same; and had directed him to report the Matter to the House, together with 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 it appeared to the Committee, That the Petitioner's Demands of Mr. Harnage, Agent of the said Regiment, for Pay due to her said Son, from the 1st of August 1692, to the 23th of May 1693.—148l.

Mr. Harnage allowed the Petitioner's Demands to be just; and that his Majesty has cleared all the Pay that is due, according to the Establishment, and Muster-Rolls, to this Regiment, to February 169¾.; which is Seven Months beyond the time for which the Petitioner demands the said Pay:

But he allegeth, That, by the Misapplication of Money charged by the former Agents, Mr. Griffith and Mr. Buckeridge, and by the extraordinary Charge of Cloathing, this Company is in Debt the Sum of 61l. 3s. besides the above said Sum of 148l. demanded by the Petitioner; and, the Case being so, he knows not which way the Petitioner can be relieved; he having no Money in his Hands to satisfy her Demands: And that what he hath already paid her was in his own Wrong.

That, upon Examination, it appeared, That the Petitioner's Demands are just; the King having actually paid the Money into the Hands of the Agents to discharge the same:

Therefore, the Agents, amongst them, ought to pay the Petitioner; and it doth not appear but that Mr. Harnage, the present Agent, ought, and may with Safety pay it: Because the Arrears, and indeed the greatest Part of the Pay, came into his Hands; the Money charged as paid by the former Agents, being most by way of Advance: And Mr. Harnage having, as he owneth, Money in his Hands, to be paid to them for what they have disbursed on Account of this Regiment; in case it shall appear, that either of them have misapplied the Money due to this Company, he can pay himself out of the said Money:

And also, because the Two Lieutenants have been actually paid their full Pay, by Mr. Harnage himself, notwithstanding (fn. 1) [the Company then appeared in Debt; and Mr. Harnage might as justly have stopped] the remaining Debt of the Company, being 61l. 3s. out of the 366l. 15s. he paid to the Lieutenants, as he has hitherto refused to pay the Petitioner her Due, as abovesaid.

It appeared to the Committee, That Captain Kirk's Lieutenant had the Command and Advantage of his Company here in England; he being abroad in the West-Indies, and killed there in Service; and therefore ought not to be charged with the Debt of the Cloathing of his Company.

That, Mr. Harnage having already paid the Petitioner 93l. as Part of the 148l. reported due to her by the Commissioners of Accounts; the Committee came to the Resolution following; viz.

Resolved, That it is the Opinion of this Committee, That Mr. Richard Harnage ought to pay to the Petitioner the Sum of 55l. being the Remainder of 148l. due for the personal Pay of her said Son-in-Law, Captain Peircy Kirk.

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

Ordered, That Mr. Attorney-General and Mr. Solicitor-General do prosecute the said Mr. Harnage for the said Money.

Marshal of King's Bench.

A Petition of George Taylor, Marshal of the Court of King's Bench, was presented to the House and read; setting forth, That the Petitioner was, in Easter Term last, admitted into his said Office, and paid 2,000l. for the same to Wm. Briggs Esquire, the late Marshal, who had a Grant thereof for his Life from Wm. Lentall, Esquire: That a Committee of the Lords House, to whom the Bill for the more effectual Relief of Creditors in Cases of Escapes; and for preventing Abuses in Prisons, and other pretended privileged Places; was committed; have added a Clause to the said Bill, whereby all Grants, made by the said Mr. Lentall, of the said Office, are made void; of which the Petitioner had no Notice, until the Committee had agreed the same; so that he could not be heard against the said Clause; which will divest the Petitioner of his said Freehold, and strip him of his Money, although he has an undoubted Right to the said Office, and does not oppose the passing the said Act, save only the said Clause: And praying, That he may have the Consideration of the House, and be relieved in the Premises.

Ordered, That the Petition do lie upon the Table until the Amendments made by the Lords, to the said Bill, be taken into Consideration.

Prisons and pretended privileged Places.

The House proceeded to take the said Amendments into Consideration:

And the same were read; and are as follow; viz.

Skin 1. L. 14, 15, instead of "25th Day of March," read "1st Day of May:"

L. 16, leave out from "Seven," to "Prisoners," in the 17th L. of the 2d Skin, and read "all:" 2 Sk. 18 L. leave out "said:"

20 L. after "detained," add "within the said Prisons of the King's-Bench and Fleet, or the respective Rules of the same:"

L. 22, 23, for "25th Day of March," read First Day of May:"

27, leave out "said Limits, or:"

31 L. after "made," insert "or Petition "read;" and leave out from "Court" to "every," in the 34 L.:

35 L. leave out "Limits, or:"

L. 38 and 39, for "25th Day of March," read "1st Day of May:"

3d Sk. 12 L. after "Warden," insert "or so much, or such Part or Proportion, thereof, as the said Court, wherein such Motion shall be made, shall think fit and reasonable, with respect to the Debt, or Debts, due from such Prisoner, or Prisoners, so escaping:"

14 L. after "Prisoner," add "or Prisoners:"

L. 20, 21, for 25th Day of March," read 1st Day of May."

39, after "whatsoever," and "or Security for the same:"

4 Sk. 9 L. after "Lodging," add "or Lodgings:"

10 L. leave out from "the," to "the," in the 11th L. and read "Rules of:"

14 L. for "Limits hereby prescribed to," read Rules of:"

L. 18, 19, for "25th Day of March," read 1st Day of May:"

32 L. leave out "forcibly and:"

33 L. instead of "and," read "Privity or;' and leave out from "Escape," to "and," in the 34 Line.

5 Sk. 1 L. leave out from "and," inclusive, to "and," in the 24 L.

L. 26, 27, for "25th Day of March, read 1st Day of May:"

36 leave out from "Execution," to "and," in 5 L. of the 6th Skin:

6 Sk. 9 L. after "shall," insert "after One Day's Notice, in Writing, given for that Purpose:"

34 L. for "25th Day of March," read "1st Day of May:"

36 L. after Grants," add "and;" and leave out "or Leases:"

38 L. after "and," add "of:"

7 Sk. 2 L. after "appertaining," insert "and all Leases thereof:"

12 L. after "Grants," add "and:"

13 L. leave out "or Leases:"

15, after the interlined "them," insert "and all Leases thereof:"

18, for "and," read "or:"

22, after "Grants," add "or;" and after Mortgages," leave out "or Leases:"

7 Skin, 25 L. instead of the First "of," read "any:"

26, after "relating," insert "or any Leases of the said Premises:"

30, after "Grants," add "and;" and leave out "and Leases; and for the last "and," read of:"

33, after "them," add "and all Leases thereof;" and after "and," leave out "of:"

L. 39, 40, for "25th Day of March," read 1st Day of May:"

8 Sk. 24 L. for "Court," read "Courts;" and after Pleas," add "and Exchequer:"

L. 27, for "25th Day of March," read "First Day of May:"

30, for "Court," read "Courts:"

31, after "Pleas," add "or Exchequer:"

41, 42, for "25th Day of March," read 1st Day of May:"

9 Skin, 5 L. after "Fleet," add "after Filing or Entering of a Declaration in such Action with the proper Officer;" and after "a," add "Copy of such:"

10 L. after "such," insert "Copy of:"

13, after "Pleas," add "or before the Lord Chief Baron, or some other of the Barons of the Coif of the Exchequer:"

L. 20, after "Pleas," add "or Exchequer:"

31, for "25th Day of March," read "1st Day of May:"

10 Sk. 7 L. leave out from "Pounds," to "and," in the 20th L.

11 Sk. 5 L. after "take," insert "and they are hereby enabled respectively to take the Posse Comitatus, or;" and after "such," add "other:"

8 L. after "and," add "to arrest; and, in case of Resistance, or Refusal to open the Doors, to break open any Door or Doors, to:"

9 L. after "upon," insert "any Mesne or other Process, Extent, or Execution, or to;" and leave out "such Process, or:"

L. 27, after "they," add "so offending shall, for every time he or they shall so offend;" and leave out "shall:"

28, after "Pounds," add "and moreover shall be, by some Justice of Peace, committed to the common Gaol of such County, City, or Place, where such Offence shall be committed; there to remain, without Bail or Mainprize, until the next Assizes, Sessions of Oyer and Terminer, or general Gaol-delivery, to be held for such County, City, or Place: And such Offender or Offenders being of such Offence or Offences duly convicted, every such Offender shall suffer and undergo such Imprisonment, and be set in the Pillory, as the Court, where such Conviction shall be, shall think fit:"

L. 35, after "Rescous," add "or aiding, assisting, or abetting the same:"

12 Sk. 1 L. after "Rescous," add "or for aiding, assisting, or abetting, the same:"

L. 3, after "Action," add "or to his, her, or their Executors, Administrators, or Assigns:"

7 and 8, after "aforesaid," leave out "shall be transported," and insert "upon producing a Copy of the Judgment upon which such Recovery shall be had, and Oath made, That the Money recovered is not paid, shall, by Order of such Court wherein the said Person or Persons was or were so convicted of or for any such Rescous, or for aiding, assisting, or abetting, the same, be transported, by the Sheriff or Sheriffs of the County, City, or Place, where such Conviction shall happen to be:"

L. 8, after "Plantations," add "beyond the Seas:"

23, after "Offence," add "being thereof convicted, by due Course of Law;" and after "be," read "by Order of that Court where such Conviction shall happen to be, by the Sheriff or Sheriffs of the County, City, or Place, where the Offence was committed:"

L. 25, after "Plantations," add "beyond the Seas:"

26, after Years," insert unless such Person or Persons shall, within the Space of One Month next after such Conviction, pay to the Plaintiff or Plaintiffs in such Action or Suit the full Debt or Duty, for which such Action or Suit was brought, with full Costs:'

13 Sk. 12 L. after "Evidence," add "this Act and:"

Prisons and pretended privileged Places.

At the End of the Bill, add the Clauses, marked A, B, C, D:

Clause A: That the Act shall not extend to lessen any Security given for any Sum of Money arising by the Office of Marshal of the King's-Bench, by William Lenthall Esquire, to Sir John Cutler, deceased; or to Edmund Boulter Esquire, his Executor; or to any other Person in Trust for them; or to subject the said Office, or the Profits thereof, to any Forfeitures, other than such as they were liable to before the Act; until such Securities shall be fully satisfied:

Clause B: Saving unto Anthony Smith Mariner, all such Right and Title as he hath, or may have, to the Office of Warden of the Fleet, and the Premises thereunto belonging, by virtue of Two Decrees in Chancery for 425 l. and Interest, after a Mortgage to Henry Norwood Esquire, was satisfied; as if the Act had not been made:

Clause C: That the Act shall not extend to lessen the Title or Interest of Thomas Norwood, surviving Executor of Hen. Norwood, touching a Debt of 2,153l. and Interest, secured by a Mortgage of the Office of Warden of the Fleet Prison; nor to lessen the Right or Interest of John Clements Gentleman, for a Debt of 2,299l. and Interest, secured by a Mortgage of the said Office, bearing Date the 3d of May 1678:

Clause D: That all Grants or Deputations, heretofore made by William Lenthall Esquire, of the Office of Marshal of the King's-Bench, shall be void; and that every succeeding Marshal shall be constituted by him, his Heirs and Assigns; with the Consent of Edmund Boulter Esquire, until the Debt owing to him by Mr. Lenthall be satisfied.

The said Amendments, to Clause D, were severally read a Second time; and, upon the Question severally put thereupon, agreed unto by the House.

The Clause D being read a Second time;

The Petition of George Taylor was again read.

Resolved, That the House doth agree with the Lords in the said Amendment.

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

A Message from the Lords, by Sir Miles Cook and Mr. Meredeth:

Mr. Speaker,

Poor Laws.

The Lords have agreed to the Bill, intituled, An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom, with an Amendment: To which Amendment they desire the Concurrence of this House.

And then the Messengers withdrew.

Ditto.

The House proceeded to take the said Amendment into Consideration:

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House; and is as followeth; viz.

* * * *

That Mr. Colt do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendment.

Counterfeiting Coin.

Sir Henry Hobart reported, from the Committee of the whole House, to whom the ingrossed Bill, from the Lords, intituled, An Act for the better preventing the counterfeiting the current Coin of this Kingdom, was committed, the Amendments, made by the Committee, to the said Bill; which they had directed him to report to the House; and which he read in his Place, with the Coherence; 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 6. L. 27, leave out from "notwithstanding," to "and" in L. 8. Press the last:

At the End of the Bill, add Clause A; viz. "Provided always, and be it Enacted, That this Act shall continue and be in force until the End of the next Session of Parliament, and no longer."

Papers, &c. of Commissioners of Accounts.

Ordered, That, at the Expiration of the present Commission for taking and stating the publick Accounts, the Secretary in that Office do deliver, by Schedule, to the Clerk of this House, all the Accounts, Papers, and Minute-Books, belonging to that Office.

Victualling Office.

Sir John Bolles reported, from the Committee, to whom was referred the Consideration of the Petition of John Tutchin, and to examine the Matter, and report the same to the House, the Matter, as it appeared to the said Committee; 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 as to that Part of the Petition, wherein the Petitioner complains, That the Fees and Perquisites which do of Right belong to him, as One of the Clerks of the Victualling-Office, are taken from him, and given to another Clerk in the said Office, which, he says, has been guilty of many Embezzlements; the Petitioner did not produce any Witness to prove the same.

The Committee, having Power to receive Informations of any Abuses relating to the Victualling-Office, did examine several Pursers of Ships concerning what Money or Gratuity they have at any time paid to any of the Agents belonging to the Victualling-Office, upon Receiving of any Money, or making up their Accounts, with the said Agents; viz.

Mr. Lawford, a Purser, informed the Committee, That he has had no Money for necessary Services for the last Year's Service, to this Day:

That some other Pursers were paid in Tallies; but upon very great Discount: That he has given Poundage to Mr. Brandon, Agent to the Victualling-Office at Portsmouth; and that it was a general Custom amongst the Pursers to give the Agents Poundage upon victualling their Ships:

That he has been a Purser Twelve Years, and never gave Poundage to the Commissioners Agents, till since the Revolution:

That in Plymouth, Dover, Chatham and Portsmouth, it hath been usual to give Money to the Commissioners Agents:

That the said Agents never demanded any Money, or other Gratuity, from him; but what he gave was voluntary:

That he has given Money to all the Agents in Ports where Ships are victualled.

The said Mr. Lawford, being asked, Whether he ever gave any Money to the Cashier belonging to the Victualing-Office, or to their Goldsmith? said, That he never gave, directly or indirectly, any Money, Gratuity, or Reward, to the said Cashier, or to the Goldsmith, when he received any Money from them, or upon any Account whatever.

Mr. Lock, Purser of the Albemarle, said, That he never paid any Poundage to any of the Commissioners Agents; but confesses, he has given Two Guineas at a time, and sometimes more, as a free Gift, when he has received Money from them; but what he gave was voluntary; and believes his Business would have been dispatched if he had given no Money; and said, That the Agents never demanded any Money of him:

That he knows several Pursers have paid to the Commissioners Agents 12d. in the Pound, for Money received:

That he never gave any Poundage, or any Gratuity, to the Cashier belonging to the Commissioners of the Victualing-Office, nor to the Goldsmith, whenever he received any Money.

Mr. Steventon, and Mr. Zeal, late Pursers, informed the Committee, That they never gave any Gratuity, or Poundage, to any of the Agents, for dispatching any Business, or upon making up their Accounts; nor never gave any Reward to the Commissioners Cashier.

Thomas Rhodes, being called in, informed the Committee, That, about Two Years since, he sold a Quantity of Oatmeal to the Commissioners of the Victualing-Office, to the Value of 36l. for which the said Commissioners gave him a Note: That, having great Occasion for Money, he went to Mr. Tassels the Goldsmith, and desired him, that he would advance the said Money, and gave the said Mr. Tassels 12d. in the Pound for advancing the said Money; which he took as a Kindness from the said Mr. Tassels: That, he believes, the said Money was not to be paid within a Twelvemonth after he received the Note.

Mr. Tassels, being called in, said, That he doth not remember what he received from the said Rhodes; but owned, That he has sometimes received Gratuities, when he had no Money of the Commissioners in his Hands, but has advanced his own Monies:

That he never received any Money, Gratuity, or Reward whatsoever, for the Use of the Cashier belonging to the Victualing-Office, upon Payment of any Bills drawn upon him.

Mr. Arnold, a Member of the House, acquainted the Committee, That, in the Beginning of April 1696, one Edward Cleavley, a Purser of one of his Majesty's Men of War, complained, That for want of 71l. for Necessarymoney, his Majesty's Ship could not sail; and that it cost the King 15 or 20l. for every Day the Ship lay in Port, for want of the said Money; and pressed him to speak to Mr. Papillon, to pay the said Money; which be did; and Mr. Papillon said, He had not Money to pay it: Whereupon Mr. Arnold said, That, rather than the King should be at that Charge, for want of such a Sum, he would pay the Money, provided Mr. Papillion would repay the same in a Week's time, which he promised to do; upon which Promise, he paid the said 71l. to the said Cleavly, in Guineas, at 22s. 6d. apiece:

That, about a Week after, he called upon Mr. Papillon, to pay the said Money; who ordered his Son, who is Cashier to the Commissioners of the Victualing-Office, to pay the same; who promised likewise to pay the same within Two Days, but delayed from Day to Day; then he complained to Mr. Papillion, telling him, He believed the Cashier expected a Gratuity to pay the same; whereupon Mr. Papillion was very angry, and told him, He must get his Money where he could: Then, going out of Town, He left the Bill with Mr. Fowles, the Goldsmith; who informed him, That he sent near 100 times to the Cashier for the said Money, but could not get it; and the said Bill remains yet unpaid:

That he has another Bill drawn upon the Cashier for 41l. which Money he paid out of his Pocket for the King's Service; and he has often demanded the same of the Cashier; who hath denied Payment; and still doth deny the same.

Mr. Papillion, One of the Commissioners of the Victualing-Office, being present at the Committee, said That he did not promise Mr. Arnold Payment of the said Bill; but said, He should be paid when Money came into his Hands:

That the Commissioners, nor their Cashier, never gave any undue Preference in Payment of Bills drawn upon them; nor ever received any Profit, Gratuity, or any Reward whatsoever, for Payment of Money.

The Cashier of the said Victualing-Office, being examined, said, That Mr. Arnold told him, He had a Bill of 71l. drawn upon him; and he told Mr. Arnold, That if he would receive the said Bill in such Money as he had, which was Six-pences and Half-crowns, and was a lawful Tender before the 4th of May, he would pay the same; but Mr. Arnold refused to accept thereof:

That he never received any Poundage, or other Gratuity, from any Person whatsoever, for Payment of Money; but always answered Payment of all Bills drawn upon him, on the Account of the Victualing-Office, so far as he had Monies in his Hands.

Counterfeiting Coin.

The ingrossed Bill, from the Lords intituled, An Act for the better preventing the counterfeiting the current Coin of this Kingdom was read the Third time.

An Amendment was proposed to be made to the Clause A, by adding these Words; viz. "And that no Prosecution shall be made for any Offence against this Act, unless such Prosecution be commenced within Three Months after such Offence committed:"

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

Then the Question being put, That the Bill, with the Amendments, do pass;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ordered, That Sir Henry Hobart do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the Bill, with some Amendments: To which Amendments they desire their Lordships Concurrence.

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