House of Commons Journal Volume 12: 8 June 1698

Mercurii, 8 die Junii;

Decimo Gulielmi.

Prayers.

The Chaplain.

RESOLVED, That an humble Address be presented to his Majesty, by such Members of this House as are of his Majesty's most Honourable Privy-Council, That he will please to bestow some Preferment in the Church upon Doctor Hallifax, Chaplain to this House.

Shaftsbury Work-houses.

Mr. Nicholas reported from the Committee, to whom the Bill for erecting Work-houses, and Houses of Correction in the Town of Shaftsbury; and for the better Employment and Maintenance of the Poor there; was committed; That they had considered the same, and the Petition to them referred; and had made several Amendments thereunto; 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 once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

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

Ship Maryland Merchant.

Mr. Yates reported from the Committee, to whom the Bill for giving Leave to the Ship Maryland Merchant to import her lading into this Kingdom was committed, That they had made several Amendments thereunto; 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 once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

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

Army Arrears.

Mr. Culliford reported, from the Committee, to whom the Consideration of the Petition of Colonel John Michelburne was referred, the Matter, as it appeared to the said Committee; and the Resolutions of the said 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 upon Examination of the Matter contained in Colonel Michelburn's Petition, it doth appear to this Committee, by a Commission under his Majesty's Hand, when Prince of Orange, bearing Date the 5th Day of February 1688, that the said Colonel Michelburn was thereby appointed Major of a Regiment commanded by Colonel Skeffington; with which Regiment the said Colonel Michelburn marched into the Town of Londonderry, in April before the late Seige; where he continued, with his Regiment, in Defence of the said Place, till the Death of Colonel Baker, which happened about the Middle of June; when Colonel Michelburne was chosen, by the whole Garison, Governor and Commander in Chief with Doctor Walker; the said Colonel Michelburne performing all the Duty, during all the Difficulties of the Siege, having all the Charge of the military Part; and, by God's Blessing and Assistance, defended the City, to the last Extremity, until happily relieved with Provisions by Major-General Kirk; upon which, the Enemy raised their Siege, burnt their Camp, and marched off:

That, upon Major-General Kerk's coming into the Town, the said Colonel drew out the Garison; when the said Major-General did muster the said Colonel Michelburn's Regiment upon View, and gave him a Commission, dated the 3d Day of August 1689, to be sole Governor of the said City, and Colonel of the said Regiment:

And that it further appeared to this Committee, by his Majesty's Royal Letter, under his Sign Manual, dated the 16th of August 1689, countersigned Shrewsbury; and directed to George Walker and John Michelburn, Esquires, Governors of Londonderry; graciously acknowleging the eminent and extraordinary Services performed by them, as his Majesty was pleased to express it, in the resolute and unparalleled Defence of the said Town; and therein promising a just Retribution, as well to the Commanders in Chief, who had been the happy Instruments, under God, of that Deliverance, as others, who signalized their Loyalty, Courage, and Patience, in that time of Trial, and that his Majesty would recompense their said Services and Sufferings.

That it further appeared to the Committee, That the said, Colonel with his Regiment, in February 1689, by the Command of General Scomberg, did join the Army, and was posted upon the Frontiers; and hath continued in his Majesty's Service till the 4th of April last past, when they were disbanded in Ireland.

And it further appeared, That his Majesty was graciously pleased, by his Commission, dated the 12th Day of August 1690, to confirm to the said Colonel Michelburne the Command, as Colonel, of the said Regiment; with a Clause, in the said Commission, to take place as if the said Commission bore Date the 10th Day of March 1688.

Army Arrears.

It also further appeared to the Committee, by an Account signed by Mr. Pauncefort, Deputy to Mr. Fox, Paymaster-General of Ireland, That there remained due to Colonel Michelburn, and his Regiment, for their Pay, from the 5th of February 1688, to the First of January 1689, 16,028 l. 18 s; out of which Sum, there ought to be deducted, as paid to the said Colonel, for the Use of his Regiment, at Three several Payments, before they were upon the English Establishment, 1,078 l. 19 s. 6 d. as is certified by Mr. Abbot, the then Deputy to Mr. Harboard, late Paymaster-General of his Majesty's Forces in Ireland; so that there remains due to the said Regiment, on this Foot, 14,949 l. 18 s. 6 d.:

That there also remains due to the said Colonel Michelburn, for his Pay as Governor of Londonderry, at 20 s. per diem, during the Time he commanded there, 992 l.

And that the said Colonel Michelburne hath delivered in a List of the Officers of his said Regiment; which was annexed to the Report.

Resolved, That it is the Opinion of this Committee, That Colonel Michelburne hath fully proved the Allegations in his Petition.

Resolved, That it is the Opinion of this Committee, That there remains due to Colonel Michelburne, for his Pay, as Governor of Londonderry, during the time he commanded there, according to the Establishment of Colonel Lundy, his Predecessor, 992 l.

Resolved, That it is the Opinion of this Committee, That there remains due to the said Colonel Michelburne, his Officers and Soldiers, for the Pay of the said Regiment, from the 5th of February 1688, to the First of January 1689, before they were upon the English Establishment, the Sum of 14,949 l. 18 s. 6 d. over and above all Deductions, as appears by the Accounts of Mr. Fox and Mr. Harboard, hereunto annexed.

Resolved, That the said Colonel Michelburne, and his Regiment, having so eminently signalized themselves in the Defence of Londonderry, during the said Siege; and being now disbanded; It is the Opinion of this Committee; That an humble Address be made to his Majesty, to recommend the said Colonel Michelburne, and his Officers, to his Majesty's Favour; and that his Majesty will be graciously pleased to take their Sufferings and Services into his Royal Consideration, and order the Payment of their said Arrears, in such Manner, as his Majesty, in his Princely Wisdom shall think meet.

An Extract of Mr. Fox's Report, on a Petition of Colonel John Michelburn's.

But what Stores, Provisions, or Accoutrements, might be delivered to them, Money paid, or Debts contracted, during this Time, doth not, at present, appear to me; but ought to be considered, before they come to be paid; as also, the Method of doing it, since there is no Rolls to make any Computation by.

Ex. per E. Pauncefort.

An ACCOUNT of what Money has been paid by Mr. Harboard, when Paymaster-General of his Majesty's Forces in Ireland, to the Regiment of Foot commanded by Colonel Michelburn; viz.

Examined per Mord. Abbot.

A LIST, containing the Names of the Gentlemen, who were Officers in the said Regiment commanded by * Colonel Michelburn.

Added, at the Commencement of the Siege, Four Companies.

And a Motion being made, and the Question being put, That the said Resolutions be read a Second time; It passed in the Negative.

Collyn's Share of a Prize.

A Petition of John Collyns, and others, on behalf of themselves, and the rest of the Mariners lately belonging to his Majesty's Ship the Bristoll, was presented to the House, and read; setting forth, That the said Ship did, in June last, take, as Prize, a French Ship, called the Flying Hart, in the West-Indies, being there with Admiral Nevill's Squadron, which was richly laden with Bale Goods, of Tissues, Silks, Plate, Jewels, Gold, and Spanish Money: That Stephen Elliot, Captain of the said Ship Bristoll, sold the said Prize, and her Cargo; and converted the Money to his own Use: That, some of the Petitioners having gotten some Plunder, at the taking the said Ship, the said Captain compelled the same from them, under Pretence of making an equal Dividend amongst the Ship's Company; but never did: And afterwards, the Petitioners desiring a Dividend, he laid Two of them in Irons: And praying a Committee may be appointed to examine the Matter, that the King may have his Right, and the Petitioners relieved.

Ordered, That the Consideration of the said Petition be referred to a Committee: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

And it is referred to Mr. Colt, Sir Robert Rich, Mr. Clark, Mr. Apreece, Mr. Heveningham, Sir Henry Colt, Sir Joseph Tyly, Mr. Culliford, Mr. Yates, Mr. Palmes, Sir Clo. Shovell, Sir Tho. Roberts, Sir Fra. Massam, Mr. York, Mr. Burrington, Mr. Hoar, Mr. Blofeild, Mr. Thornhaugh, Mr. Staynes, Mr. Weld, Mr. Brotherton, Mr. Ryder, Sir Richard Temple, Mr. Roberts, Mr. Pocklington, Sir John Bolls, Mr. Harley, Mr. Mountstevens, Mr. Mountague, Mr. Thompson: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And have Power to send for Persons, Papers, and Records.

Impeachment of Goudet, &c.

Ordered, That the Articles of Impeachment against John Goudet, and others, and their Answers, and the Replications thereunto, be printed with the Report from the Committee, to whom the Petition of the Royal Lustring Company was referred.

Sufferers at Londonderry.

Ordered, That the Report of the Address touching Londonderry be taken into Consideration upon Tomorrow Sevennight.

Impeachment of Goudet, &c.

Sir Rowland Gwyn reported, from the Committee appointed to manage the Tryal of Impeachments against John Goudet, and others, That he had, according to Order, been at the Lords, to desire, That a convenient Place may be appointed for the Managers of the said Tryal, as is usual; their Lordships had given Answer, That they will send an Answer by Messengers of their own.

Sir Rowland Gwyn also reported from the said Committee, That they had directed him to move, That they may have Leave to sit de die in diem, and as often as they please.

Ordered, That the said Committee have Leave to sit again de die in diem, and as often as they please, notwithstanding the Sitting of the House.

Impeachment of Dumaistre, &c.

The ingrossed Articles of Impeachment against John Dumaistre and John Auriall were read; and agreed unto by the House.

Ordered, That Sir Rowland Gwyn do carry the said Articles to the Lords.

Impeachment of Goudet, &c.

Sir Rowland Gwyn reported, That the Committee appointed to inspect the Journals of the House of Lords, and see what hath been done by the Lords upon the Impeachments against John Goudet, and others, had inspected the same accordingly: An Account whereof 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 upon searching the Lords Journals, in relation to the Impeachment and Tryal of the Lord Treasurer, the Earl of Middlesex, in the Year 1624, the Committee did find;

That, 26 April 1624, a Committee of Lords was appointed to search Precedents, in what Manner the Parties complained of have answered here; and report the same to the House.

27 April. The Earl of Bridgwater reported, That, according to the Order made Yesterday, his Lordship had perused many Precedents, for the Manner how the Parties complained of have answered here; and that his Lordship did not find, by any Precedent, which his Lordship has seen, that any, though a Member of this House, did answer by his Counsel; and that divers Members of this House, and others, have answered in Person, without Counsel; and that Counsel was denied unto Michael de la Pole, Lord Chancellor, Anno 10° Rich 2di, when he required the same.

Whereupon, the Lords, in answer to a Petition of the said Lord Treasurer's, did send him Word, That his Lordship may use what Counsel he please to advise himself, for his Defence; but it stands not with the Order of the House, to allow Counsel at the Bar in Cases of this Nature.

1666. And, upon searching the Journals of this House, in relation to the Impeachment of the Lord Viscount Mordaunt, in the Year 1666, being the 18th of King Cha. the 2d;

26 Jan. Ordered, That the Persons appointed to manage the Evidence upon the Articles of Impeachment against the Lord Viscount Mordaunt, do proceed therein, according to the Precedent of the Lord Cranfeild.

The Members appointed to manage the Evidence, upon the Articles of Impeachment against the Lord Viscount Mordaunt, being returned from the Lords, Sir Robert Atkins reports, That, according to the Appointment of this House, they had attended that Service; and, having proceeded to the Reading of the Articles, did observe, That, during the Reading of them, the Lord Mordaunt was within the Bar of the Lords House; and therefore moved their Lordships, That, according to former Precedents in such Proceedings, he might stand without the Bar of the House; when one appeared as Counsel for him; beginning to plead in this Matter, they thought fit to interrupt him, acquainting their Lordships, That his Lordship ought not to have any Counsel assigned him to plead for him, in Matter of Fact, upon the Impeachment: Whereupon, their Lordships commanded them to withdraw; and being afterwards called in again, their Lordships acquainted them, That they had referred it to their Committee of Privileges, to search former Precedents in Proceedings of this Nature; and to report it on Monday Morning.

Impeachment of Goudet, &c.

29 January. Mr. Pryn reported from the Committee appointed to consider of Precedents relating to the Method of Proceeding upon the Articles of Impeachment against the Lord Viscount Mordaunt, several Precedents:

Ist. An Order of the House of Lords, concerning Matters of Judicature, made 28 Maii 1624; wherein their Lordships declared, That if Defendants shall demand it of the House in due time, they shall have their learned Counsel to assist them in their Defence, whether they be able, by reason of their Health, to answer in Person, or not, so as they choose Counsel void of any Exception; and if such Counsel shall refuse, then they are to be assigned as the Court shall think fit.

IId. Anno 1° & 2° Car. 1mi. In the Case of the Earl of Bristoll, it was ordered, by the Lords, That he should have Counsel to plead his Cause.

IIId. 6 Apr. Sir George Binion, being impeached for several Misdemeanors and Crimes, was assigned Counsel by the Lords.

IVth. 5th, 11th, July, 1642. The same Parliament, Gurney Lord Mayor of London, being impeached by the Commons, for High Crimes and Misdemeanors, had Counsel assigned him by the Lords; and at the Hearing at the Lords Bar, they were ordered to proceed in his Defence.

Sept. 30th 1645. The Earl of Stamford, being impeached by the Commons, for assaulting and striking Sir Arthur Haslerig, had Counsel allowed him.

And, upon the Question, it was resolved, That this House acquiesce with the Lords, in allowing Counsel to be assigned to the Lord Mordaunt, upon his Tryal.

27 Maii 1698. Peter Longeville delivered in his Answer, at the Bar, to the Articles of Impeachment exhibited against him.

John Goudet, David Barreau, Steph. Seignoret, Rene Baudowyn, Nich. Santini, Peter Diharse, and John Pearse, were also severally called in; and delivered their several Pleas to the Articles of Impeachment against them: And, being withdrawn, were again called in, and asked, If they would abide by their Pleas now put in, or plead Not Guilty? of which they had time allowed them to consider till To-morrow Eleven a Clock.

28 May. John Goudet was called in, and asked, Whether he did insist upon his Plea presented to this House Yesterday? Whereupon, he desired to withdraw the same; and delivered in an Answer.

David Barreau, Stephen Seignoret, Rene Baudowyn, Nicholas Santini, Peter Diharse, and John Pearse, were severally called in, and asked, Whether they did insist upon their Pleas presented to this House yesterday? Whereupon, they severally desired to withdraw the same; and did severally deliver in their Answers to the Articles of Impeachment.

3 Junii. The Lords, taking into Consideration the Commons Replications to the several Answers of John Goudet, and the other Persons impeached, did order, That John Goudet, David Barreau, Peter Longueville, Stephen Seignoret, Rene Baudowyn, Nicholas Santini, Peter Diharce, and John Pearse, shall be tried at the Bar of this House, on Thursday, the 9th Day of this instant June, at Eleven of the Clock in the Forenoon.

6 Junii. Upon reading the Petition of John Goudet, David Barreau, Stephen Seignoret, Rene Baudowyn, Nicholas Santini, and Peter Diharce, Merchants, and John Pearse, Gentleman: praying a Fortnight longer, or such other competent Time, in order to prepare for their several Tryals, as their Lordships shall think fit; and an Order, That Sir Tho. Powis, Sir Barth. Shoar, Mr. Northy, Mr. Dodd, and Mr. Phipps, may be Counsel, to plead for the Petitioners, at the Bar of this Honourable House, and their Solicitors to manage for them, at their said Tryals:

It was Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That Sir Thomas Powis, Sir Barth. Shoar, Mr. Northy, Mr. Dodd, and Mr. Phipps, shall be, and they are hereby, assigned Counsel, to plead for the Petitioners upon their Tryals, at the Bar of this House, upon the Articles of Impeachment against them.

7 Junii. It is Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the Consideration of the Message brought Yesterday from the House of Commons, desiring a convenient Place may be appointed for the Managers of the Impeachments against John Goudet, and others, as is usual, shall be, and is hereby, referred to the Lords Committees appointed to consider of the Method of receiving Impeachments: Who are to meet To-morrow, at Ten of the Clock in the Forenoon; and, having inspected the Journals, are to report what they find hath been done in like Cases.

Supply Bill; Duties on Vellum, &c.

An ingrossed Bill for granting to his Majesty, his Heirs and Successors, further Duties upon stamped Vellum, Parchment and Paper, was read the Third time.

An Amendment was proposed to be made to the Bill, Pr. 10. L. *, to leave out "herein after-mentioned * * * *," and, instead thereof, to insert "by any Act of this Session is, or shall be, declared and provided:"

And the same was, upon the Question put thereupon, agreed unto by the House; and the Bill amended at the Table accordingly.

Resolved, That the Bill do pass: And that the Title be, An Act for granting to his Majesty, his Heirs and Successors, further Duties upon stamped Vellum, Parchment, and Paper.

Ordered, That Sir Thomas Littleton, do carry the Bill to the Lords, and desire their Concurrence thereunto.

A Message from the Lords, by Sir Miles Cooke and Sir John Francklyn:

Mr. Speaker,

Pitt's Estate.

The Lords have passed a Bill, intituled, An Act to confirm a Conveyance made by George Pitt Esquire, and others, of the Manor of Tarrant-Preston, and other Lands, in the County of Dorset, to John Pitt Gentleman, and the Heirs Male of his Body: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Supply Bill; Tonage and Poundage.

The House, according to Order, resolved itself into a Committee of the whole House, to consider of the Bill for granting to his Majesty a further Subsidy of Tonage and Poundage, towards raising the Sum of 700,000l. per Annum, for the Service of his Majesty's Houshold, and other Uses therein mentioned, during his Majesty's Life.

Mr. Speaker left the Chair.

Sir Tho. Littleton, took the Chair of the Committee.

Mr. Speaker resumed the Chair.

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

d, That the Report be made To-morrow Morning.

Impeachment of Goudet, &c.

Ordered, That a Message be sent to the Lords, to acquaint them, That, by reason of extraordinary Business, this House cannot be ready To-morrow to prosecute the Impeachments against John Goudet, David Barreau, Peter Longueville, Stephen Seignoret, Rene Baudovin, Nicholas Santini, and Peter Diharce, Merchants, and John Pearse Gentleman; and to desire, That their Lordships will appoint some other Day for the Tryal of the said Persons, upon the said Impeachments.

Ordered, That Mr. Boyle do carry the said Message.

Committees.

Ordered, That all Committees be revived.

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