House of Commons Journal Volume 11
26 February 1695

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History of Parliament Trust

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1803

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'House of Commons Journal Volume 11: 26 February 1695', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 247-249. URL: http://www.british-history.ac.uk/report.aspx?compid=39115 Date accessed: 27 November 2014.


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Martis, 26 die Februarii;

7° Gulielmi Tertii.

Prayers.

Earl of Thanet's Indentures.

SIR Thomas Dyke reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for confirming Two Indentures Tripartite, the one of Lease, and the other of Release, made between the Right Honourable Thomas Earl of Thanet Island, of the First Part; the Honourable Sackvile Tufton Esquire, of the Second Part; and the Honourable Wm. Cheine Esquire, and Sir Charles Tufton Knight, of the Third Part; and the Estates thereby settled; was committed; That they had considered the same; and had directed him to report the same to the House, without any Amendments: And he delivered the same in at the Table.

Queen's Funeral.

Ordered, That the Committee appointed to consider of the several Circumstances relating to the Procession of this House at the Solemnity of her Majesty's Funeral; and of their Place; do sit during the Sitting of the House.

Pitt's Deed. of Trust, &c.

An ingrossed Bill, from the Lords, intituled, An Act for supplying certain Defects in the Directions made in and by a Deed of Trust, and the last Will of George Pitt Esquire, deceased, for settling his Estate, was read a Second time.

Resolved, That the Bill be committed to Mr. Freke, Mr. Lutterell, Mr. Frewen, Sir Jos. Herne, Mr. Cooke, Mr. Hedger, Mr. Windham, Sir Fra. Vincent, Mr. Pollen, Sir Rich. Onslow, Sir Wm. Cooper, Sir Fran. Massam, Mr. Bockland, Mr. Blofield, Mr. Stokes, Mr. Bowyer, Mr. Norton, Mr. Clarke, Sir Cha. Raleigh, Mr. Waller, Colonel Strangwaies, Sir Wm. Cooper, Mr. Burrington, Lord Eland, Sir Wm. Drake, Sir Matth. Andrews, Mr. Christie, Mr. England, Sir Tho. Vernon, Mr. Kendall, Mr. Trelawney, Mr. Lowther, Sir Tho. Mompesson; and all the Members that serve for the Counties of Southampton, Dorset, Berks, Wilts, and Gloucester: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chambers.

Earl of Rochester's Estate.

An ingrossed Bill, from the Lords, intituled, An Act for the dividing and settling the Estate of the Coheirs of John late Earl of Rochester, deceased; and for discharging the Trusts thereupon; was read a Second time.

Resolved, That the Bill be committed to Sir Francis War, Sir Rowland Gwyn, Lord Digby, Mr. Cooke, Mr. Pigott, Mr. Dryden, Mr. How, Lord Pawlet, Mr. Colemore, Mr. Mountague, Sir Wm. Drake, Colonel Perry, Sir Hen. Ashurst, Mr. Hedger, Sir John Key, Mr. Gwyn, Mr. Foley, Mr. Grubb, Sir Edward Hussey, Sir Fra. Massam, Mr. Lutterell, Mr. Wilmot, Mr. Lloyd, Mr. Boyle, Mr. Waller, Sir Tho. Vernon, Mr. Scobell, Sir Henry Goff, Mr. Bowyer, Mr. Christie, Mr. Granvill, Sir Tho. Roberts, Mr. Wortley, Mr. Parkhurst, Mr. Bromley; and all the Members that serve for the Counties of Somerset and Gloucester: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chambers.

A Message from the Lords, by Sir John Hoskins and Mr. Holford:

Mr. Speaker,

Howland's Estate.

The Lords have passed a Bill, intituled. An Act to enable Elizabeth Howland, the Widow of John Howland Esquire, deceased, to settle Lands upon the Marriage of his sole Daughter and Heir; and for settling Lands upon the said Widow Howland, for her Life, in lieu of Dower; and for indemnifying Sir Josias Child, and the said Widow Howland, Grandfather, and Mother, of the said Heir, in disposing of the personal Estate belonging to her, upon her Preferment in Marriage, she being under the Age of One-and-Twenty Years: And also,

Another Bill, intituled, An Act for the more easy Recovery of small Tythes:

To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Christ-church Minister's Maintenance.

The House proceeded to take into Consideration the Report from the Committee, to whom the Bill for enabling the Inhabitants of the Parish of Christ-church, in the County of Surrey, to make Rates, for raising a Maintenance for a good and able Minister; and for impowering the Trustees of Mr. Marshall's Will to employ Monies for erecting a Steeple to the said Church, and furnishing the same with Bells; was committed:

And the Amendments made by the Committee to the Bill were read 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.

Leave of Absence.

Ordered, That Mr. Harris have Leave to go into the Country, for Recovery of his Health.

Ordered, That Sir Thomas Barnardiston have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Mr. Edward Finch have Leave to go into the Country, for Recovery of his Health, and upon extraordinary Occasions.

Queen's Funeral.

The Lord Marquis of Winchester reported from the Committee appointed to consider of the several Circumstances relating to the Procession of this House at the Solemnity of her Majesty's Funeral; and of their Place; That they had come to several Resolutions; which they had directed him to report; and 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.

Resolved, That it is the Opinion of this Committee, That, in the Procession, no Person intervene between the Speaker of this House and the Lords.

Resolved, That it is the Opinion of this Committee, That the Serjeant do attend the Speaker with the Mace.

3. Resolved, That it is the Opinion of this Committee, That the Members of this House do attend the Funeral in long Mourning Cloaks.

4. Resolved, That it is the Opinion of this Committee, That the House, in the Procession, do go by their Counties, and be placed by the Heralds according to the Alphabet.

5. Resolved, That it is the Opinion of this Committee, That the Members of this House walk Three in a Breast.

6. Resolved, That it is the Opinion of this Committee, That the Members meet in the Banqueting-House.

7. Resolved, That it is the Opinion of this Committee, That the Door-keepers of this House do attend at the Banqueting-House, and Whitehall Gate.

8. Resolved, That it is the Opinion of this Committee, That every Member have a Ticket, with the Speaker's Seal, and the Member's Name, to it, for his Admittance into Whitehall, and Banqueting-house.

The First, Second, and Third Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The Fourth Resolution being read a Second time;

An Amendment was proposed to be made, by leaving out "and be placed by the Heralds:"

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

Resolved, That this House doth agree with the Committee in the said Resolution, so amended, That the House, in the Procession, do go by their Counties, according to the Alphabet.

The Fifth Resolution being read a Second time;

An Amendment was proposed to be made, by leaving out "Three," and inserting "Two," instead thereof:

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

Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That the Members of this House walk Two in a Breast.

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

The Seventh Resolution being read a Second time;

An Amendment was proposed to be made, by leaving out "Whitehall Gate," and inserting "at the Stairs that goes out of St. James' Park into the Gallery at Whitehall:

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

Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That the Doorkeepers of this House do attend at the Banqueting-house, and at the Stairs that goes out of St. James' Park into the Gallery at Whitehall.

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

Abuses by Army Agents, &c.

Mr. Gwyn reported from the Committee appointed to prepare an humble Representation to be made to his Majesty, That they had prepared the same accordingly; 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 was read.

And a Motion being made, and the Question being put, That the said Representation be re-committed;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Mr. Clarke,
Mr. Papillion:
83.
Tellers for the Noes, Colonel Perry,
Mr. Arnold:
168.

So it passed in the Negative.

Then the House proceeded upon the same, Paragraph by Paragraph:

And some Amendments were made to the same by the House.

And then the same was read, and agreed unto by the House; and is as followeth; viz.

Abuses by Army Agents, &c.

WE, your Majesty's most dutiful and loyal Subjects, the Commons, in this present Parliament assembled, do, from a true and unfeigned Zeal for your Majesty's Person and Government, which God long preserve! and from the Obligation that lieth upon us, in behalf of those whom we represent, most humbly lay before your Majesty the Grievance we lie under, by some of the Officers and Soldiers of the Army, in raising Money upon the Country, under Pretence of Subsistence; which is such a Violation of the Liberty and Property of your Subjects, that it needeth no Aggravation.

This is, in great measure, occasioned by the undue Practices of some of the Agents and Officers; the Particulars of which we beg Leave to lay before your Majesty, in order to the more effectual preventing the like Miscarriages for the future.

1st, Some of the Agents, amongst other their ill Practices, have detained the Money due to the Soldiers in their Hands, and made use of it for their own Advantage, instead of immediately applying it to the Subsistence of the Officers and Soldiers, for whom they were intrusted.

2. Their intolerable Exactions, and great Extortions, upon the Officers and Soldiers, for paying Money by way of Advance; their charging more for the Discount of Tallies than they actually paid: By which fraudulent imposing upon those who serve in your Majesty's Armies, it appeareth, That notwithstanding they have a greater Pay than is given in any other Part of the World, they are yet reduced to Inconveniences and Extremities, which ought not to be put upon those who venture their Lives for the Honour and Safety of the Nation.

3. In particular, Colonel Hastings hath compelled some Officers of his Regiment to take their Cloaths from him, at extravagant Rates, by confining and threatening those who would not comply therewith: By which the Authority that may be necessary to be lodged in the Colonel, over the inferior Officers, in some Cases, is misapplied, and extended, so as to promote a private Advantage of his own, without any regard to your Majesty's Service, or to the Discipline of the Army.

4. Colonel Hastings's Agent hath presumed fraudulently to detain Five hundred Guineas, out of a Bounty given by your Majesty to the Officers of that Regiment, under Pretence of giving them as a Bribe to obtain the same; to the Dishonour of your Majesty, and Injury to the Officers thereof: And hath taken Two-pence per Pound out of the Money due to the Officers and Soldiers; for which Deduction, there being no Warrant, the Colonel, whose Servant the Agent is, is answerable.

5. Colonel Hastings's Agent hath refused, or neglected, to give an Account of the Pay due to the Captains of his Regiment, and their Companies; which tends apparently to the defrauding the Officers and Soldiers.

6. Some of the Agents assume to themselves the Liberty of making great Deductions; which, since they know not how to justify, they endeavour to cover, by putting them under the shelter of the uncertain Head of Contingencies; which giveth them the better Opportunity hiding the Frauds and Abuses that would otherwise be more liable to be detected.

7. Colonel Hastings hath discharged an Ensign, by putting another into his room, contrary to the true Discipline of an Army; from which the Colonels have no Right to exempt themselves, to inlarge their own Authority, to the Prejudice of your Majesty's Service, and of the Officers who serve under them.

8. Colonel Hastings hath taken Money for the Recommending to Commands in his Regiment, to the great Discouragement of the Officers, who are to serve in your Majesties Armies; who ought to be such as deserve their Commands, and not such as pay for them.

These things we most humbly represent to your Majesty, in Confidence of having them redressed by your Majesty's Justice and Wisdom.

Your loyal Commons, as they have been always ready to supply your Majesty, cannot but be sensible of such Miscarriages, as may either diminish the Strength of your Armies, or the Affections of your People: And it is from a Principle of the highest Duty, that we take this Way of applying ourselves to your Majesty for Redress; having an intire Assurance, That this our most humble Representation will not only be graciously accepted; but that our Expectations from it will be fully answered.

Resolved, That the said Representation be presented to his Majesty by the whole House.

Ordered, That such Members of this House as are of his Majesty's most Honourable Privy-Council, do humbly know his Majesty's Pleasure, when he will be attended by this House.

Ways and Means.

Resolved, That this House will To-morrow Morning, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply, to be granted to his Majesty, for carrying on the War against France with Vigour.

Ditto.

Ordered, That the Report from the Committee of the whole House, to whom it was referred to consider further of Ways and Means for raising the Supply, to be granted to his Majesty, for carrying on the War against France with Vigour; and which was ordered to be made this Day; be made upon Thursday Morning next.

Punishing Mutiny and Desertion.

Resolved, That this House will, upon Friday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for continuing Two former Acts, for punishing Officers and Soldiers who shall mutiny, or desert his Majesty's Service; and for punishing false Musters; and for Payment of Quarters; for One Year longer.

African Company.

Ordered, That the Consideration of the Report from the Committee, to whom the Petition of the Royal African Company of England was referred, be further adjourned until Saturday Morning next.

Call of the House.

Ordered, That the House be called over upon Monday Morning next: And that all such Members as shall go out of Town without Leave, or shall not attend at the Call of the House, not having Leave to be absent, be sent for in Custody of the Serjeant at Arms attending this House.

West-Thorock Inundation.

Ordered, That the Report from the Committee, to whom the Examination and Consideration of the Petition of the Poor of Cobham College, and the Proprietors of Lands, now under Water, in West-Thorock, in the County of Essex, was re-committed, be made upon Saturday Morning next.

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