House of Commons Journal Volume 11: 17 April 1695

Mercurii, 17 die Aprilis;

7° Gulielmi Tertii.

Prayers.

Exporting Corn.

A BILL to explain the Act, made in the First Year of the Reign of King William and Queen Mary, intituled, An Act for the encouraging the Exportation of Corn, was read a Second time.

Resolved, That the Bill be committed to Sir Sam. Barnardiston, Mr. Beding feild, Mr. Cook, Sir Hen. Hobart, Mr. Blofeild, Sir Matth. Andrews, Mr. Colt, Sir Cha. Bloys, Mr. Crawford, Mr. Roberts, Sir Jerv. Elwes, Mr. Arnold, Mr. Fuller, Mr. Norries, Mr. Dolben, Mr. Christy, Mr. Machell, Mr. Bowyer, Mr. Godolphin, Sir Robert Cotton, Lord Cornbury, Sir John Barker, Mr. Lutterell, Sir John Bolles: And they are to meet To-morrow at Five a Clock in the Afternoon, in the Speaker's Chamber,

Regulating Printers and Printing Presses.

Mr. Clark reported from the Committee, to whom it was referred to prepare Reasons, to be offered at a Conference with the Lords, for disagreeing to an Amendment, made by the Lords, to the Bill, intituled, An Act for continuing, and making perpetual, several Laws therein mentioned, That they had prepared Reasons accordingly; which they had directed him to report to the House; and which he read in his Place; and afterwards . . . . in at the Clerk's Table: Where the same were twice read; and, upon the Question put thereupon, agreed unto by the House; and are as follow; viz.

The Commons cannot agree to the Clause marked A;

1st, Because it revives, and re-enacts, a Law which in no-wise answered the End for which it was made; the Title and Preamble of that Act being to prevent printing seditious and treasonable Books, Pamphlets, and Papers: But there is no Penalty appointed for Offenders therein; they being left to be punished at Common Law, as they may be without that Act; whereas there are great and grievous Penalties imposed by that Act for Matters wherein neither Church nor State is any ways concerned.

Regulating Printers and Printing Presses.

2. Because that Acts gives a Property in Books to such Persons, as such Books are, or shall be, granted to by Letters Patents, whether the Crown had, or shall have any Right to grant the same, or not, at the time of such Grant.

3. Because that Act prohibits printing any thing before Entry thereof in the Register of the Company of Stationers, except Proclamations, Acts of Parliament, and such Books as shall be appointed under the Sign Manual, or under the Hand of a principal Secretary of State; whereby both Houses of Parliament are disabled to order any thing to be printed; and the said Company are impowered to hinder the printing all innocent and useful Books; and have an Opportunity to enter a Title to themselves, and their Friends, for what belongs to, and is the Labour and Right of, others.

4. Because that Act prohibits any Books to be imported, without special Licence, into any Port in England, except London; by which Means the whole foreign Trade of Books is restrained to London, unless the Lord Archbishop of Canterbury, or the Lord Bishop of London, shall, in Interruption of their more important Affairs in governing the Church, bestow their time gratis in looking over Catalogues of Books, and granting Licences; whereas, the Commons think, the other Ports of the Kingdom have as good Right as London to trade in Books, as well as other Merchandizes.

5. Because that Act leaves it in the Power either of the Company of Stationers, or of the Archbishop of Canterbury, and Bishop of London, to hinder any Books from being imported, even into the Port of London; for if one or more of the Company of Stationers will not come to the Custom-house, or that those Reverend Bishops shall not appoint any learned Man to go thither, and be present at the opening and viewing Books imported, the Custom-house Officer is obliged to detain them.

6. Because that Act appoints no Time wherein the Archbishop or Bishop of London, shall appoint a learned Man, or that one or more of the Company of Stationers shall go to the Custom-house to view imported Books; so that they or either of them, may delay it till the Importer may be undone, by having so great a Part of his Stock lie dead; or the Books, if wet, may rot and perish.

7. Because that Act prohibits any Custom-house Officer, under the Penalty of losing his Office, to open any Pacquet wherein are Books, until some or one of the Company of Stationers, and such learned Man, as shall be so appointed, are present: Which is impracticable; since he cannot know there are Books, until he has opened the Pacquet.

8. Because that Act confirms all Patents of Books granted, and to be granted; whereby the sole Printing of all, or most of, the Classick Authors are, and have been for many Years past, together with a great Number of the best Books, and of most general Use, monopolized by the Company of Stationers; and prohibits the importing any such Books from beyond Sea; whereby the Scholars in this Kingdom are forced not only to buy them at the extravagant Price they demand, but must be content with their ill and incorrect Editions; and cannot have the more correct Copies, which are published abroad, nor the useful Notes of Foreigners, or other learned Men, upon them.

9. Because that Act prohibits any thing to be printed till licensed; and yet does not direct what shall be taken by the Licenser for such Licence; by colour whereof great Oppression may be, and has been, practised.

10. Because that Act restrains Men bred up in the Trade of Printing, and Founding of Letters, from exercising their Trade, even in an innocent and inoffensive Way, though they are Freemen of the Company of Stationers, either as Masters or Journeymen; the Number of Workmen, in each of those Trades, being limited by that Act.

11. Because that Act compels Master-Printers to take Journeymen into their Service, though they have no Work or Employment for them.

12. Because that Act restrains all Men, who are not licensed by the Bishop, from selling innocent and inoffensive Books, though never so useful, in any Part of England, except Freemen of the Company of Stationers, who may sell without such Licence; so that neither Church nor State is taken care of thereby; but the People compelled to buy their Freedom of Trade in all Parts of England from the Company of Stationers in London.

13. Because that Act prohibits any one not only to print Books, whereof another has entered a Claim of Property in the Register of the Company of Stationers, but to bind, stitch, or put them to Sale; and that under a great pecuniary Penalty; though it is impossible for a Bookbinder, Stitcher, or Seller, to know whether the Book brought to him, were printed by the Proprietor or another.

14. Because that Act prohibits Smiths to make any Ironwork for any Printing-Press, without giving Notice to . . . Company of Stationers, under the Penalty of 5£.; whereas he may not know to what Use the Iron bespoke of him, and forged by him, may be put.

15. Because that Act prohibits printing and importing not only heretical, seditious, and schismatical Books, but all offeusive Books; and doth not determine what shall be adjudged offensive Books: So that, without Doubt, if the late King James had continued in the Throne till this time, Books against Popery would (fn. 1) not have been deemed offensive Books.

16. Because that Act subjects all Mens Houses, as well Peers as Commoners, to be searched at any time, either by Day or Night, by a Warrant under the Sign Manual, or under the Hand of one of the Secretaries of State, directed to any Messenger, if such Messenger shall, upon probable Reason, suspect, that there are any unlicensed Books there; and the House of all Persons free of the Company of Stationers are subject to the like Search, on a Warrant from the Master and Wardens of the said Company, or any one of them.

17. Because the Penalties for Offences against that Act are excessive; it being in the Power of the Judges, or Justices of the Peace, to inflict what Punishment they please, not extending to Life or Member.

Lastly, There is a Proviso in that Act for John Streater, That he may print what he pleases, as if the Act had never been made; when the Commons see no Cause to distinguish him from the rest of the Subjects of England.

Ordered, That a Message be sent to the Lords, to desire a Conference upon the Subject matter of the Amendments made by them to the said Bill.

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

Committees.

Ordered, That all Committees be revived.

Reversing Leisler's Attainder.

A Motion being made, for the Re-commitment of the ingrossed Bill, from the Lords, intituled, An Act for reversing the Attainder of Jacob Leisler, and others;

Ordered, That the said Bill be re-committed to the same Committee: And they are to meet To-morrow at Five a Clock in the Afternoon, in the Speaker's Chamber.

And that Mr. Blathwait, Lord Cornbury, Lord Marquis Winton, Mr. Bridges, be added to the said Committee.

Duties on Paper, &c.

An ingrossed Bill for explaining and regulating several Doubts, Duties, and Penalties, in the late Act for granting several Duties upon Vellum, Parchment, and Paper, was read the Third time.

An ingrossed Clause was offered, as a Rider, to the Bill, That the Vessels trading from one Member to another of the Port of Southampton shall not pay the Duty of Tonage:

And the same was read the First time.

And the Question being put, That the Clause be read a Second time;

It passed in the Negative.

Resolved, That the Bill do pass: And that the Title be, An Act for explaining and regulating several Doubts, Duties, and Penalties, in the late Act for granting several Duties upon Vellum, Parchment, and Paper; and for ascertaining the Admeasurement of the Tonage of Ships.

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

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

Mr. Speaker,

Boats carrying Coals.

The Lords have agreed to the Bill, intituled, An Act for the better Admeasurement of Keels and Keel-Boats in the Port of Newcastle, and the Members thereunto belonging, without any Amendments. Also,

Indemnifying Sir T. Cook.

The Lords have passed a Bill, intituled, An Act to indemnify Sir Thomas Cook from Actions, which he might be liable to, by reason of his discovering to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East-India Company; or for any Prosecution for such Distribution: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Ditto.

The Bill, from the Lords, intituled, An Act to indemnify Sir Thomas Cook from Actions, which he might be liable to, by reason of his discovering to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East-India Company; or for any Prosecution for such Distribution; was read the First time.

Ordered, That the Bill do lie upon the Table.

Compelling Sir T. Cook to account.

Ordered, That a Message be sent to the Lords, to put them in mind of the Bill, sent from this House, intituled, An Act to oblige Sir Thomas Cook to give an Account to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East-India Company.

Ordered, That Sir Christopher Musgrave do carry the said Message.

Motion for expelling Mr. Guy.

A Motion being made, and the Question being proposed, That Henry Guy Esquire, a Member of this House, for taking a Bribe of Two hundred Guineas, be expelled this House;

The previous Question was put, That that Question be put.

The House divided.

The Noes go forth.

So it passed in the Negative.

Supply Bill; Duties on Glass, &c.

Ordered, That the Report from the Committee of the whole House, to whom the Bill for granting to his Majesty certain Duties upon Glass Wares, Stone and Earthen Bottles, Coals, and Culm, for carrying on the War against France, was committed, be made To-morrow Morning.

Compelling Craggs, &c. to account.

Punishing T. and E. Pauncefort.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill to oblige Mr. James Craggs and Mr. Richard Harnage to discover how some of the Monies, relating to Cloathing the Army, have been disposed of; and for punishing them, in case they shall not make such Discovery; and also of the Bill for punishing Mr. Tracy Pauncefort and Mr. Edward Pauncefort for corrupt Practices, in with-holding Money from the Officers of the Army.

Mr. Speaker left the Chair.

Sir Rowland Gwyn took the Chair of the Committee.

Mr. Speaker resumed the Chair.

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

Ordered, That the Report be made upon Friday Morning next.

Message to Lords.

Sir Christopher Musgrave reported, that he had been at the Lords, as the House had directed.

Compelling Craggs, &c. to account.

Ordered, That Mr. James Craggs and Mr. Richard Harnage be heard at the Bar of this House, upon their Petition, upon Friday Morning next, before the Report of the said Bill against them be taken.

Punishing T. and E. Pauncefort.

Ordered, That Mr. Tracy Pauncefort and Mr. Edward Pauncefort be heard at the Bar of this House, upon their Petition, upon Friday Morning next, before the Report of the said Bill against them be taken.

Lords desire House to continue sitting.

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

Mr. Speaker,

The Lords desire this House to continue to sit some time.

And then the Messengers withdrew.

To which the House agreed.

And the Messengers were called in again: And Mr. Speaker acquainted them therewith.

Raising the Militia.

An ingrossed Bill for raising the Militia of this Kingdom for the Year 1695, although the Month's Pay, formerly advanced, be not repaid; and for repealing the Statute of 2d and 3d Edw. VI. intituled, An Act against shooting in Hail-shot; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for raising the Militia of this Kingdom for the Year 1695; and for repealing the Statute of the 2d and 3d Year of King Edward the Sixth, intituled, An Act against shooting in Hail-shot.

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

Preventing Export of Wool.

The House proceeded to take into Consideration the Report from the Committee, to whom the Bill for the better preventing the Exportation of Wool, by altering the Penalty; and for the Preservation of the publick Market at Blackwell-hall; and for Relief of the Workmen employed in the Woollen Manufactures, in Payment of their Wages; was committed:

And the Amendments, made by the Committee, to the Bill, were once read throughout; and some of them a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill be re-committed to the same Committee: And they are to meet To-morrow in the Afternoon at Five of the Clock, in the Speaker's Chamber.

Indemnifying Sir T. Cook.

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

Mr. Speaker,

The Lords desire a present Conference with this House, upon Matters relating to Sir Thom. Cooke.

And then the Messengers withdrew.

To which the House agreed.

And the Messengers were called in again: And Mr. Speaker acquainted them therewith.

Ordered, That Sir Chr. Musgrave, Sir Henry Hobart, Mr. Boyle, Mr. Wharton, Mr. Foley, Mr. Mountague, Sir Herbert Crofts, Sir Rowland Gwyn, Sir Roger Puleston, Mr. Harley, Sir Rich. Onslow, Lord Marquis Winton, Sir Walt. Young, Sir Tho. Dyke, Mr. Bromley, Mr. Clark, Sir Jos. Tredenham, Colonel Perry, do manage the said Conference.

And the Managers went to the Conference.

And, being returned:

Sir Christopher Musgrave reported, That the Managers had met the Lords at the Conference: And that the Earl of Rochester managed the same; and acquainted them, That the Lords had desired this Conference upon Matters relating to Sir Thom. Cooke, for the preserving of a good Correspondence, which was always to be preserved, and so necessary, between both House: And that they, having received a Message from the House of Commons, to put them in mind of a Bill, sent up from that House, relating to Sir Thomas Cook, have desired this Conference, to acquaint them, That they have so far proceeded upon that Bill, as that it wants only a Third Reading to pass their House, without any Alteration: But that having Occasion, in the Progress of it, to observe, that Sir Tho. Cooke was willing to make a full and immediate Discovery of his whole Knowlege relating to that Matter; and the Lords conceiving it to be the desire and Intention of both Houses, to take the most proper Ways of arriving at a speedy and effectual Discovery of the Truth; have prepared a Bill, and sent it down to the House of Commons, to give such an immediate Indemnity to Sir Thomas Cook, as he himself desired, on his making a full and clear Discovery of his Distribution of the several Sums of Money mentioned in the said Bill; which he undertook to do, upon Oath, on or before the 23th of this Instant April: And the Lords, being of Opinion, that so immediate a Discovery of this important Matter, as may probably be attained by the Bill sent down by their Lordships, will be more to the Satisfaction of both Houses, and the whole Kingdom, than a Discovery at so remote a time, as is allowed for it in the Bill sent up by the House of Commons, when probably the Parliament may not be sitting, were desirous to communicate to the House of Commons the true Ground and Motives of their Lordships proceeding in this Method; not doubting but it will meet with the Approbation of the House, when the Reasons of it shall be fully explained to them.

And their Lordships have further directed us to observe to you, That, by the Bill sent down to the Commons, Sir Tho. Cook will be obliged to make this Discovery, while he is yet under the Coufinement of that House; whereas he may be at Liberty before the time allowed by the other Bill for that Discovery, and may have an Opportunity to remove himself, and all his Effects, and so escape the Punishment designed for him: And, as for any Discovery he shall make to their Lordships, in pursuance of the Bill sent down by them, it is their Intention to communicate it immediately to the House of Commons.

Resolved, That this House will proceed in the further Consideration of the said Report To-morrow Morning.

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