House of Commons Journal Volume 12: 22 April 1699

Sabbati, 22 die Aprilis;

Undecimo Gulielmi 3tii.

Prayers.

Devon Writ.

ORDERED, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for the electing a Knight to serve in this present Parliament for the County of Devon, in the room of Francis Courtney Esquire, deceased.

Poultney's Estate.

An ingrossed Bill from the Lords, intituled, An Act for the enabling the surviving Trustees of Sir William Poultney Knight, deceased, to make Leases for the raising Monies for Payment of his Son William Poulteney's Debts, and other Purposes therein mentioned, was read a Second time.

Resolved, That the Bill be committed to Mr. Lowther, Mr. Cholmondley, Sir Cha. Sidley, Mr. Lowndes, Mr. Thursby, Colonel Osborne, Sir Robert Nappier, Mr. Harley, Dr. Davenant, Mr. Hammond, Mr. Moor, Mr. Fortescue, Sir Robert Cotton, Mr. Morgan, Mr. Holmes, Sir Theoph. Oglethorp, Mr. Offley, Sir Richard Cox, Colonel Godfrey: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Ditto.

A Petition of Sir Goddard Nelthrop Baronet was presented to the House, and read; setting forth, That if the aforesaid Bill should pass into a Law, as now it stands before this House, he is advised it will be prejudicial to his Right, in Part of the Houses and Lands therein comprised: And praying he may be heard, by his Counsel, touching his Right and Interest in the said Houses and Lands.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed; and that the Petitioner be heard before the Committee thereupon.

Wrayford's Estate.

An ingrossed Bill, from the Lords, intituled, An Act to enable William Wrayford Gentleman, and Dame Anne Rich Widow, to make Leases of Houses and Grounds in Covent-Garden, late the Estate of John Athy Citizen and Haberdasher of London, was read a Second time.

Resolved, That the Bill be committed to Mr. Moor, Mr. Mountague, Sir Rob. Nappier, Mr. Bethell, Mr. Scobell, Mr. Bartie, Lord Wm. Pawlet, Mr. Freeman, Sir Theop. Oglethorpe, Mr. Hayes, Mr. Mounstevens, Mr. Osborne, Mr. Blaake, Mr. Perry, Mr. Onslowe, Mr. Thursby, Mr. Thornhaugh, Mr. Hughes, Sir Robert Cotton, Mr. Hancock, Mr. Yates, Sir Samuel Bernardiston, Sir Richard Barrington, Mr. Blofeild, Colonel Kirkby, Mr. Nicholas, Mr. Hoar, Mr. England: And they are to meet this Afternoon, in the Speaker's Chamber, at Five of the Clock.

Lordington, &c. Manors.

An ingrossed Bill, from the Lords, intituled, An Act for Sale of the Manor of Lordington, alias Lurtington, and Whitwey, and divers Lands in the County of Sussex; and for laying out 5,000 l. in purchasing other Lands, to be settled in lieu thereof; was read the Third time.

Resolved, That the Bill, with the Amendments, do pass.

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

Penalties under Act of Navigation.

Mr. Moor reported from the Committee, to whom the Bill to discharge several Ships from the Penalties of the Act of Navigation, who, by reason of their Men being pressed at Sea, into his Majesty's Service during the late War, were disabled from performing their Voyages, according to the Directions of the said Act, was committed, That they had examined the same; and had heard the Petitioners, upon the Petition to them referred, touching the Ship King William; and had inserted in the Two Ships; viz. the Ships King William and Charles the Second, from the East-Indies; and made other Amendments to the Bill; 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.

Petition relating to a Member.

A Petition of Sir Richard Bulkley Baronet, and Dame Lucy his Wife, was presented to the House.

And the same relating to Sir Henry Pickering, a Member of this House; who not being in the House;

Ordered, That Sir Henry Pickering do attend this House, in his Place, upon Monday Morning next; and that the Petition be then read.

Apprehending Felons.

Mr. Brotherton reported from the Committee, to whom the Bill for the better Apprehending, Prosecuting, and Punishing of Felons that commit Burglary and Housebreaking, or Robbery in Shops and Warehouses, was re-committed, That they had made several Amendments to the Bill; 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.

Ordered, That the said Report be taken into Consideration upon Monday Morning next.

Abuses in King's Bench and Fleet Prisons.

Ordered, That the Report from the Committee, to whom it was referred to inquire into the ill Practices and Abuses of the Prisons of the King's Bench and Fleet, be made upon Monday Morning.

Ships Hawk and Rainbow.

Mr. Stringer reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for the Ships Hawk and Rainbow to trade as English-built Ships, was committed, That they had examined the same, and found the Allegations therein to be true; and had directed him to report the same to the House, without any Amendment: And he delivered the same in at the Clerk's Table.

Ship Hope.

Mr. White reported from the Committee, to whom the Bill to enable the Ship Hope, of great Length, and very serviceable for bringing Masts into this Kingdom, to trade as an English-built Ship, was committed, That they had examined the same, and found the Allegations thereof to be true; and had directed him to report the same to the House without any Amendments: And he delivered the same in at the Clerk's Table.

Ordered, That the Bill be ingrossed.

Westlyd's Estate.

Mr. Dormer reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for the enabling Cyriac Westlyd Esquire to sell some Part of his Estate, which, by Articles upon his Marriage, was agreed to be settled upon his Wife and Children; and for the Settling of other Part of his Estate, of better Value, to the same Uses; was committed; That they had examined the same, and found the Allegations therein to be true; and that all the Parties concerned had given their Consents thereunto; and that the Committee had directed him to report the same to the House, without any Amendments: And he delivered the same in at the Clerk's Table.

Privilege— Libellous Publication.

Mr. Hoar reported from the Committee, to whom it was referred to examine the Matter of a Complaint to the House, by Sir Robert Cotton and Sir Thomas Frankland, Postmaster-General, of a printed Paper, delivered at the Door of this House, intituled, "The Case of John Woodgate, late Postmaster of Canterbury;" greatly reflecting upon them for what they have done in their Office; That they had examined the Matter accordingly; and had directed him to report the same to the House; 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 Mr. Woodgate appeared, and owned the printed Paper, delivered in at the Door of the House of Commons, to be his Case; and that he caused the same to be printed, and delivered accordingly: And desiring time to make good the Contents thereof; it was allowed him: At which time, appearing, said;

That waiting on the Postmasters-General, they told him, If they had been guilty of what he charged them with, they were not worthy to serve the King; and if not, he was not fit to serve them:

That as to the Title of his Case, wherein he complains he was turned out of his Place for discovering Smugglers, and a Correspondence with France, during the late War, he could not make it out; but said, He was turned out of his Place, and presumed it was for that Reason:

That he then said, That by virtue of an Order he received from the Postmasters-General, to give an Account by what Conveyance the Flanders Mail came over, that he received at Canterbury, he acquainted them, That there were several Boats kept at Dover, which used to go out from thence empty, and take in Wool at Romney Marsh, and carry the same to some Port in France; and then go from thence to Newport, where the Postmasters gave them some Flanders Mails, which they brought over with them to some Port in England; and that one Joseph Pensacks, Master of a Shallop at Dover, can give a more particular Account: Whereupon he received a Second Letter from the Postmasters-General, wherein they acquainted him, They had laid his Letter before the Secretary of State, and, by his Order, directed him to send the said Pensacks up to Town, and give him Two Guineas to bear his Charges; which he accordingly did.

He further alledged, That he was sued for Money received by a Person approved of by the PostmastersGeneral.

That he then produced his Witnesses:

Privilege—Libellous Publication.

Mr. Eccles: Who said, Mr. Woodgate having employed him as his Solicitor, he went with him, about a Month or Three Weeks since, to the Post-Office, to settle his Accounts; and that the Postmasters-General did allow him all the Liberty he desired in inspecting the Books of the Office; but, finding it necessary, that one Fenner, the Person employed to receive the Letters at Canterbury, should come up to Town, he was sent for; and accordingly came; but Mr. Woodgate himself took his Papers out of his Hands, and would not let him settle the Accounts.

Mr. Everude said, That he had likewise been employed by Mr. Woodgate to adjust his Accounts with the Office; and, coming there, had the Liberty to inspect the Books; was told, That if it appeared Mr. Fenner had any of Mr. Woodgate's Money in his Hands, Mr. Woodgate, having his Bond for it, ought to put it in Suit.

Mr. Blackhall said, That he had, some time since, received several Papers from Mr. Woodgate, and was at the Expence of getting them transcribed; and laid the Copies before the then Lords Justices; and afterwards delivered the original Papers to the said Mr. Woodgate.

That it was allowed on the other Side, by the Postmasters-General, That they did direct the said Woodgate to make Inquiry, by what Conveyance the Flanders Mail came over that he received at Canterbury; and that, upon his Answer, which they laid before the Secretary of State, ordered him to send the said Pensacks up to Town, and give him Two Guineas to bear his Charges; and did afterwards allow Woodgate the said Sum in his Accounts:

That, upon Pensacks coming to Town, they immediately went with him to the Secretary of State; to whom, they supposed, he gave such Informations as were within his Knowledge; but they, having no Power either to send for any Person, or so much as to administer an Oath, could not do any thing more than what they did: That they did encourage the said Pensacks in making what Discoveries he could; and were likewise themselves at some Charges in contributing towards the Expences of the said Pensacks while he was in Town:

That as to the discouraging the said Woodgate, for any Informations they had given them, the contrary appeared very plainly: And he himself owned he had received a Letter from them, to thank him for what he had done: But, he running in Arrear to his Majesty, they frequently pressed him to make punctual Payments; but finding he still run further behind-hand, they threatened to put his Bond in Suit; whereupon he petitioned the Lords of the Treasury, That, in Consideration of his Affection and good Services to the Government, and that his Salary was too small for the Work he was obliged to perform, they would be pleased to remit some Part of the Debt due to his Majesty; which Petition was referred to the Postmasters-General; and they reported so much in his Favour, that the Lords of the Treasury did remit Part of the Debt, upon his paying the Remainder; but, he being in low Circumstances, the Postmasters-General did not think fit to intrust him with the receiving any more of the King's Money; though, at the same time, they were disposed to comply with any Expedient that could be proposed, whereby he might enjoy his Place, and the King run no Hazard; and, in order thereunto, did, in Consideration to the said Woodgate, agree, That one Fenner, and his Son, should be Security for the said Woodgate, receive the Letters, and pay the Money into the Office, from time to time, as it became due; and should only be allowed 20 l. per Annum for his Pains; which was the same Sum that Woodgate constantly paid a Man that distributed the Letters in the City of Canterbury; and that Woodgate should enjoy the rest of the Salary, for Riding-work belonging to that Stage.

Fenner, and his Son, accordingly, gave Security; and received the Letters, and made punctual Payments for the same, till about May or June 1696, when Woodgate having Opportunity of paying clipped Money into the Office, did pay such a Sum, as, with the Monies paid by Fenner, and what was remitted him by the Lords of the Treasury, did balance his Accounts till the 4th of May 1696; notwithstanding which, the Postmasters-General, knowing him to be poor, and apprehending, that if he should again be concerned in receiving the Money, he would run into a new Debt, were desirous Fenner should still continue to keep the LetterOffice; but Mr. Woodgate, the latter-end of September, did seize the Letters, and receive the Money due for the same; and though, upon Complaint made to them of his Proceedings, they had directed him to do so no more, he still continued to do it; and, fearing he should be turned out for what he had done, made a Complaint against them; which not being fully heard till April, he, himself receiving the Money due for Letters all that time, became indebted to the Office 166 l. for which he hath since been sued; and, his Complaint being altogether without Ground, was turned out of his Place.

Mr. Manly said, That, in May 1695, he was sent to Canterbury, to inquire into the Circumstances of Woodgate, and secured the Money then due from him to the King; and that he had Directions from the Postmasters-General, That if he could possibly do it without the Ruin of the said Woodgate, he should shew all reasonable Favour to him: That, accordingly, he went down; and, when he came to Canterbury, he consulted with Woodgate's Friends; who all agreed, The only way to preserve him, was by appointing a Third Person to receive the Money, and let Wodgate enjoy the Benefit of the Salary, as Riding Postmaster: That he made this Proposal to the PostmastersGeneral, who approved of it; and accordingly he settled the Office there; and that it was done purely in Kindness to Woodgate:

That he afterwards happened to be in Kent, in 1696, upon some Custom-house Business, received a Letter from the Postmasters-General; wherein they acquainted him, Woodgate had seized the Mail, contrary to their Directions; and ordered him to go over to Canterbury, and take care the same should, from that time, be delivered to Mr. Fenner, as usual; which he accordingly did, for One Day; but, so soon as he left the said City, Woodgate seized it again:

That it appeared the Postmasters-General had been so far from discouraging of Woodgate, that they had, from time to time, given him all reasonable Encouragement; and he himself owned, That, upon their Report to the Lords of the Treasury, wherein they represented the Services of the said Woodgate, and his good Affections to the Government, their Lordships did remit him 165 l.; neither did the said Woodgate produce any Witnesses in the least, to prove, that he was turned out of his Place for discovering Smugglers, and a Correspondence with France, during the late War.

Resolved, That the printed Paper, intituled, "The Case of John Woodgate, late Postmaster of Canterbury," reflecting upon the Postmasters-General, Members of this House, is false, scandalous, and malicious.

It appearing, by the said Report, That John Woodgate had owned the printing the said Paper, and delivered in at the Door of this House.

Ordered, That the said John Woodgate be taken into the Custody of the Serjeant at Arms attending this House.

Petition relating to a Member.

A Petition of James Duke of Hamilton, in the Kingdom of Scotland, and of Elizabeth Duchess of Hamilton, his Wife, was presented to the House;

And the same relating to Sir Edward Hungerford, a Member of this House, who not being in the House;

Ordered, That the said Sir Edward Hungerford do attend this House, in his Place, upon Monday Morning next; and that the Petition be then read.

Bernardeau's, &c. Nat.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act for naturalizing Samuel Bernardeau, Peter Chantreau des Gaudree, and others, private Gentlemen belonging to his Majesty's Three Troops of Guards and Grenadiers, be read a Second time upon Monday Morning next.

Supply Bill; Duty on Paper, &c.

A Bill for laying a Duty upon Paper, Parchment, Vellom, and Pasteboard, was, according to Order, read a Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

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

Duty on Paper, &c.

A Petition of several Paper-makers, in behalf of themselves, and others, Owners and Occupiers of Paper-mills, was presented to the House, and read; setting forth, That they are informed a Bill is brought in for laying a Duty of 20 l. per Cent. on all Paper made in England, which they are no ways able to make good by advancing the Sales thereof, it being the most inconsiderable Manufacture of this Kingdom: And praying the said Bill may not pass into a Law.

Ordered, That the Consideration of the said Petition be referred to the said Committee.

Penalties on Embezzlement of Prizes.

A Bill to indemify the Captains of his Majesty's Ships from such Penalties and Disabilities as have been inflicted upon them, upon Pretence of Embezzlements of Goods taken as Prizes, was, according to Order, read a Second time.

Resolved, That the Bill be committed, upon the Debate of the House.

A Motion being made, and the Question being put, That the Bill be committed to a Committee of the whole House;

It passed in the Negative.

Resolved, That the Bill be committed to Mr. Harcourt, Mr. Hammond, Mr. Cowper, Sir Chr. Musgrove, Mr. Clayton, Major Stringer, Mr. Mounstevens, * Banks, Sir John Bolls, Mr. Blofeild, Sir Bryan Stapleton, Colonel Crawford, Sir Walter Young, Mr. Boyle, Lord Ranelagh, Sir Godfrey Copley, Mr. Kendall, Mr. Thornhaugh, Mr. Bertie, Mr. Vernon: And all that come are to have Voices: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Letters written by a Member reflecting on the House.

The Order for the Attendance of Henry Chivers Esquire, a Member of this House, this Day, being read;

Mr. Speaker acquainted the House, That he had received a Letter from him, dated the 18th Instant, that he was indisposed.

And a Debate arising in the House thereupon;

Resolved, That the publishing the Names of the Members of this House, and reflecting upon them, and misrepresenting their Proceedings in Parliament, is a Breach of the Privilege of this House, and destructive of the Freedom of Parliament.

A Debate arising upon the Matter contained in the Letters, touching which Mr. Chivers was ordered to attend in his Place;

Ordered, That the said Debate be adjourned, until Thursday Morning next: And that the said Mr. Chivers do then attend this House, in his Place.

Half-pay Officers.

Resolved, That this House will, upon Monday Morning next, at Eleven a Clock, and nothing to intervene, take into Consideration the Matter of the Half-Pay to the Officers.

Supply Bill; Land Tax.

An ingrossed Bill for granting to his Majesty the Sum of One million Four hundred eighty-four thousand and Fifteen Pound One Shilling Eleven-pence Three Farthings, for disbanding the Army, providing for the Navy, and for other necessary Occasions, was read the Third time.

An ingrossed Clause was offered, as a Rider, for easing the Parish of St. George in Southwark, and the Place called the Mint there, in regard of its being deprived of Inhabitants, by the Act touching Privilege-Places:

And the Question being put, That the Clause be received;

It passed in the Negative.

Then several Amendments were made by the House to the Bill; and the Bill amended at the Table, in several Places, accordingly.

Resolved, That the Bill do pass: And that the Title be, An Act for granting to his Majesty the Sum of One million Four hundred eighty-four thousand and Fifteen Pounds One Shilling Eleven pence Three Farthings.

Ordered, That Mr. Cowper do carry the Bill to the Lords, and desire their Concurrence thereunto.

Committees.

Ordered, That all Committees, which were appointed to meet this Afternoon, be adjourned till Monday Morning, Eight a Clock.

And then the House adjourned till Monday Morning, Eight a Clock.