House of Commons Journal Volume 11: 12 February 1695

Martis, 12 die Februarii;

Sexto Gulielmi Tertii.

Prayers.

African Company.

ORDERED, That the Committee, to whom the Examination and Consideration of the Petition of the Royal African Company was referred, have Leave to sit To-morrow Morning.

Elections—incapacitating Persons refusing Oaths.

Ordered, That the Bill to disable all Persons from voting in Elections of Members to serve in Parliament, who shall refuse to take the Oaths to the Government, be read a Second time upon Thursday Morning next.

Laws touching Robberies.

Sir John Guise reported from the Committee appointed to consider of all the Laws in being touching Robberies on the Highways, and of Hues and Cries; and how to make the same more effectual; and to report their Opinion therein to the House; That they had inspected the Laws accordingly; and had agreed upon several Resolulutions; 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 read; and are as follow; viz.

1. Resolved, That it is the Opinion of this Committee, That no Hundred be liable to make good, or satisfy, any Robbery committed within their respective Hundred, unless such Robbery be committed between Sun-rising and Sun-set.

2. Resolved, That it is the Opinion of this Committee, That no Person shall recover more than Fifty Pound against any Hundred, for any one Robbery committed in the same; unless the Persons carrying such Money give Four-and-twenty Hours Notice, before his or their Passage through such Hundred, both of such Passage and Charge, to some Justice of the Peace near, one High Constable of, the said Hundred, or Petty Constables of the same, in Writing.

3. Resolved, That it is the Opinion of this Committee, That all Persons so robbed shall give Notice, with all possible Speed, to the Minister, or some Officer, of one of the nearest Towns or Hamlets in View, of the said Robbery; and to such Persons as he or they shall meet before such Notice given.

4. Resolved, That it is the Opinion of this Committee, That no Hundred shall be liable by Law to make good a Robbery, which shall be committed, of any other Things, save only Money, Wares, and Merchandizes; of which, no Jewels, Plate, Watches, or other personal Ornament, shall be accounted any Part.

5. Resolved, That it is the Opinion of this Committee, That the Justices of Peace of the said County, at the next Quarter-Sessions held for the said County, where such Robbery shall happen, shall have Power, by their Order, to levy the Value of the Monies robbed by an equal Assessment upon the Hundred, in the same manner as if there had been a Judgment in Law against the said Hundred.

The First Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That no Hundred be liable to make good, or satisfy, any Robbery committed within their respective Hundred, unless such Robbery be committed between Sun-rising and Sun-set;

It passed in the Negative.

The Second Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That no Person shall recover more than Fifty Pound against any Hundred, for any one Robbery committed in the same; unless the Persons carrying such Money give Four-and-twenty Hours Notice, before his or their Passage through such Hundred, both of such Passage and Charge, to some Justice of the Peace near, One High Constable of, the said Hundred, or Petty Constables of the same, in Writing;

It passed in the Negative.

The Third Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That all Persons so robbed shall give Notice, with all possible Speed, to the Minister, or some Officer, of one of the nearest Towns or Hamlets in View, of the said Robbery; and to such Persons as he or they shall meet before such Notice given.

The Fourth Resolution being read a Second time.

And the Question being put, That the House do agree with the Committee in the said Resolution, That no Hundred shall be liable by Law to make good a Robbery, which shall be committed, of any other Things, save only Money, Wares, and Merchandizes; of which, no Jewels, Plate, Watches, or other personal Ornament, shall be accounted any Part;

It passed in the Negative.

The Fifth Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That the Justices of the Peace of the said County, at the next QuarterSessions held for the said County, where such Robbery shall happen, shall have Power, by their Order, to levy the Value of the Monies robbed by an equal Assessment upon the Hundred, in the same manner as if there had been a Judgment in Law against the said Hundred;

It passed in the Negative.

Ordered, That a Bill be brought in upon the said Resolution agreed unto by the House.

And it is referred to Mr. Clark, Sir Sam. Barnardiston, Sir Richard Onslow, Mr. Brewer, Mr. Smith, Sir Rich. Temple, Mr. Solicitor-General, Sir Rowland Gwyn, Mr. Scobell, Serjeant Wogan, Mr. Freke, Mr. Boscawen, Mr. Lutterell, Mr. Waller, Sir John Guise, Mr. Gwyn, Mr. Fenwick, Mr. Fawkes, Mr. Arnold, or any Five of them: And they are to meet To-morrow in the Afternoon at Four a Clock, in the Speaker's Chambers.

Resolved, That it be an Instruction to the said Committee, That a Clause be brought in to the said Bill, for the more equal Charging of the Inhabitants of the Hundred, after a Recovery, and Judgment at Law.

Resolved, That it be also an Instruction to the said Committee, That they do prepare, and bring in, a Clause to prevent, discourage, and punish, all pretended and fraudulent Robberies.

Ordered, That the said Bill be also prepared, and brought in, upon the Debate of the House.

Leave of Absence.

Ordered, That Mr. Tilney have Leave to go into the Country for Ten Days, upon extraordinary Occasions.

Irish Arrears.

Sir Thomas Clarges, from the Commissioners for taking and stating the publick Accounts, presented to the House, according to Order, a State of the Irish Arrear due to the Army; and how far the same have been paid.

And the Title of the said State was read.

Ordered, That the said State do lie upon the Table, to be perused by the Members of the House: And that the same be taken into Consideration upon Monday Morning next.

Tonage Duties.

A Petition of the Merchants, and Owners of Ships in the Port of London, on the Behalf of themselves, and others trading into foreign Parts, was presented to the House, and read; setting forth, That, by the way of Admeasurement prescribed by a late Act, for granting to their Majesties several Rates and Duties upon the Tonage of Ships and Vessels, Ships are measured of far greater Burden than they were built for; or really are, or can be lett out to Freight; or that his Majesty pays when taken into his Service; so that the Owners are forced to pay the Duties settled by the said Act for the whole Tonage, according to the said Ameasurement, although the Vessels many times cannot be half loaden; which Hardship is a great Discouragement to Navigation and Trade, and tends to the Owners Ruin: And praying such Relief in the Premises, as the House shall think fit; and that the Petitioners may be heard.

Ordered, That the Examination and Consideration of the said Petition be referred to the Committee appointed to consider of the said Act, as it relates to the Isle of Wight, and Town and County of Southampton, and Town of Portsmouth, and all the Coasting Trade; and of the Doubts and Complaints relating thereunto; and to report the Matter thereof to the House.

Privilege.

A Complaint being made to the House, That one Peter Marsh, Clerk to Mr. Thomas Lake, of the Temple, hath served Mr. Gilbert, a Member of this House, with a Subpæna out of the Court of Chancery, in Breach of the Privilege of this House;

Ordered, That it be referred to the Committee of Privileges and Elections to examine the Matter; and report the same, with their Opinion therein, to the House.

Ordered, That the said Mr. Thomas Lake and Peter Marsh do attend the said Committee, the next Day they shall sit, to answer the said Complaint.

Abuses by Army Agents.

The Order of the Day, for the House to take into their further Consideration the Complaints of the Inhabitants of Royston; and of the Observations, made by the Commissioners for taking and stating the Publick Accounts, of the Abuses, and ill Practices, of the Agents of the Regiments of the Army; being read;

A Petition of Eliz. Rouse Widow was presented to the House, and read; complaining of Mr. Bolderson, Agent to the Regiment now commanded by the Lord Berkley, for not paying the Arrears of her Husband, who was a Lieutenant in the said Regiment; and stopping Monies, upon Pretence of Tallies, Gratuities, and Agency: And also,

A Petition of Eleanor Hollingshead was presented to the House, and read; complaining of the said Agent Bolderson, for the like Reasons, in relation to Lieutenant Newbold, her late Husband: And also,

A Petition of Lieutenant John Powell was presented to the House, and read; complaining of Agent Richard Roberts, Agent to Colonel Ingoldsby's Regiment, for want of his Pay: Also,

A Petition of the said Agent Richard Roberts, in Custody of the Serjeant at Arms, formerly presented to the House, was read; whereby he acknowledged his Offence, and begged Pardon of the House for the same; and prayed to be discharged out of Custody, that he may attend the Commissioners for taking and stating the publick Accounts, to make up his Accounts before them.

Ordered, That the said Agent Roberts be brought to the Bar To-morrow Morning, in order to his Discharge.

Ordered, That the said Agent Roberts have a Copy of the Petition of the said John Powell.

The House took into Consideration the Petition of William Durston Clerk, Chaplain to Colonel Hasting's Regiment:

And the Commissioners for taking and stating the publick Accounts acquainting the House, That the Matter of the said Petition had been examined before then upon Oath; and that it appeared his Pay had been all paid to himself, or to such as he had directed; and that the other Matters of his Petition were untrue;

Ordered, That the said Petition be dismissed, as false and scandalous.

Then Colonel Hastings and Sir John Jacob his Lieutenant-Colonel, were severally called in; and examined.

And then withdrew.

Agent Pauncefort attending, in Custody, was called in; and examined.

And, refusing to answer to several Questions demanded by the House:

He withdrew.

Afterwards he was called in again; and acquainted by Mr. Speaker, by Order of the House, That if he did not immediately answer to the said Questions, the House would proceed with the utmost Rigour and Severity against him.

And, he still persisting in his Refusal;

He withdrew.

Pauncefort committed for not answering.

Resolved, Nemine contradicente, That Mr. Tracey Pauncefort, Agent to Colonel Hastings's Regiment, by obstinately refusing to answer to a Matter of Fact demanded of him by this House, hath thereby violated the Privilege, and contemned the Authority, of this House, and the fundamental Constitution thereof.

Ordered, That the said Mr. Tracy Pauncefort he committed Prisoner to the Tower of London: And that Mr. Speaker do issue his Warrant accordingly.

Ordered, That Mr. Tracey Pauncefort be brought to the Bar of this House, and, upon his Knees, receive the said Judgment.

And he was accordingly brought in:

And, kneeling at the Bar, the Judgment was pronounced by Mr. Speaker.

Resolved, That this House will, upon Thursday Morning next, consider how to proceed further against the said Mr. Tracey Pauncefort.

Ordered, That the further Consideration of the Complaint of the Inhabitants of Royston; and of the Observations, made by the Commissioners for taking and stating the publick Accounts, of the Abuses, and ill Practices, of the Agents of the Regiments of the Army; be adjourned until Friday Morning next.

Committees.

Ordered, That all Committees be adjourned.

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