House of Commons Journal Volume 11
22 April 1695

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1803

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'House of Commons Journal Volume 11: 22 April 1695', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 312-315. URL: http://www.british-history.ac.uk/report.aspx?compid=39160 Date accessed: 02 October 2014.


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Lunæ 22 die Aprilis;

7° Gulielmi Tertii.

Prayers.

Stage Coach Licence.

A PETITION of Henry Ashurst and Walter Overbury Esquires, Commissioners for licensing and regulating Hackney and Stage Coaches, was presented to the House, and read; setting forth, That the Petitioners, by virtue of an Act of Parliament for that Purpose, are impowered to license Stage Coaches for One Year, and no longer, reserving 8 l. per Ann. to his Majesty during the Continuance of the said Act; and that, in case any Commissioner shall grant any Licence contrary to the Directions of the Act, he shall forfeit 100 l.: And it being doubtful whether Stage Coachmen should renew their Licences from Year to Year, the Petitioners pray the Explanation of the said Act touching that Matter.

Ordered, That Leave be given to bring in a Clause, into 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, for explaining the said Act, in relation to Stage Coaches: And that Mr. Serjeant Blinco do prepare, and bring in, the Clause.

Reversing Leisler's Attainder.

Ordered, That all that come to the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for reversing the Attainder of Jacob Leisler, and others, is re-committed, have Voices.

Encouragement of Privateers.

Mr. Harcourt, according to the Order of the Day, reported, from the Committee of the whole House, to whom the Bill for the better Encouragement of Privateers was committed, the Amendments made by the Committee to the said Bill; which he read in his Place; and afterwards delivered in at the Clerk's Table; Where the same were read.

Ordered, That the said Report be taken into Consideration To-morrow Morning.

Prohibiting Commerce with France.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act for declaring the Commencement of an Act, intituled, An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers, to be, from the Time that it passed the Royal Assent; to wit, on the 14th Day of March, 1692; be read a Second time To-morrow Morning.

Supply Bill; Duties on Glass, &c.

Ordered, That Leave be given to bring in a Clause, to 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, for the Encouragement of the Trade of making Lustring-Silks and Alamodes.

Preventing counterfeiting Coin.

Mr. Scobell, according to the Order of the Day, reported, from the Committee of the whole House, to whom the ingrossed Bill, from the Lords, intituled, An Act to prevent counterfeiting and clipping the Coin of this Kingdom, was committed, the Amendments made by the Committee to the said Bill; 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; and are as follow; viz.

Press 1. L. 18. leave out from "exchanged" to "Provided," L. 35; and insert "lend, sell, borrow or buy, receive or pay, any broad Silver Money, or Silver Money unclipped, of the Coin of this Kingdom, for more in Tale, Benefit, Profit, or Advantage, than the same was coined for, and ought by Law to go for, be lent, sold for, borrowed or bought, received or paid, shall forfeit the Sum of Ten Pounds for every Twenty Shillings, that shall be so exchanged, lent, sold, borrowed or bought, received or paid; and so in proportion for any greater or lesser Sum; one Moiety thereof to his Majesty, and the other Moiety to the Person who shall sue or inform for the same; to be recovered, with Costs of Suit, by Action of Debt, Bill, Plaint, or Information; wherein no Privilege, Protection, or Wager of Law, shall be allowed, nor any more than one Imparlance."

And leave out all to "And be it," Pr. 5. L. 16.

Pr. 5. L. 23. leave out "suffer Imprisonment," and insert "forfeit the Silver so cast, and also the Sum of 500 l.; one Moiety to his Majesty, and the other to the Informer; to be recovered with Costs of Suit."

L. 28. leave out "willingly," and insert "knowingly."

L. 30. after "Offence," insert "forfeit the said Clippings or Filings, and also the Sum of 500 l.; one Moiety to his Majesty, and the other to the Informer; to be recovered as aforesaid; and shall be also branded, in the Right Cheek, with a hot Iron, with the letter R; and until Payment of the said 500 l. shall;" and leave out "as aforesaid."

From L. 30. leave out all to "And be it," in L. the last of that Press.

Press 7. L. 24. leave out "as aforesaid," and insert "for Six Months, without Bail or Mainprize."

At the End of the Bill, add Clauses A and B.

Clause A: That in Case any Person shall, after the First Day of May 1695, apprehend any Clipper, and prosecute such Clipper to Conviction, the Sheriff of the County where such Conviction shall be made shall pay to the Prosecutor 40 l. without any Fee for the same.

Clause B: That the Sheriffs, upon producing the Receipts for the Money by them paid in pursuance of the Act, shall be allowed the same upon their accounting with his Majesty.

A Clause was offered to be added to the Bill, That if any Clipper, or counterfeit Coiner, shall discover Two or more Offenders, so as they be convicted of the same, such Discoverer shall have his Majesty's Pardon for all Crimes committed before such Discovery;

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, for Money to be marked:

And the same was once read; and, by Leave of the House, withdrawn.

Mr. Cragg's, &c. Counsel.

A Motion being made, and the Question being put, That the Counsel for Mr. Craggs and Mr. Harnage be called in:

It passed in the Negative.

Supply Bill; Duties on Glass, &c.

Sir Thomas Littleton reported, 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, the Amendments made by the Committee to the said Bill; which he read in his Place; and afterwards delivered in at the Clerk's Table: where the same were once read throughout; and then several of them a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

The Amendment, to leave out, "in order to be shipped," being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Amendment;

The House divided.

The Noes go forth.

Tellers for the Yeas, Sir Richard Onslow,
Mr. Chadwick:
79.
Tellers for the Noes, Mr. Bickerstaffe,
Mr. Hutchinson:
72.

So it was resolved in the Affirmative.

The rest of the Amendments, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

A Clause, with Blanks, was offered to be added to the Bill, for allowing Time for Payment of the Duties imposed by the Act, and a Drawback at 10 l. per Cent. in case of prompt Payment:

And the Clause was twice read; and the Blanks filled up; and the Clause, so amended, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause, with Blanks, was offered to be added to the Bill, for appropriating the Monies, arising by the Act, to the Use of the Navy and Army:

And the Clause was twice read; and the Blanks filled up; and the Clause, so amended, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause, was offered to be added to the Bill, That the Directions and Penalties mentioned in the Act, made in the First Year of his Majesty's Reign, for granting to their Majesties an Aid of 2s. in the Pound for One Year, in case of misapplying the Monies thereby appropriated, shall be executed, concerning the Monies appropriated by this Act:

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, That the Metage of all Coals or Culm shall be taken by the sworn Coal-meters of every Place, if any, who shall account, upon Oath, for the same:

And the Clause was twice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, with Blanks for the Penalties, That no Person shall buy, or sell, or export, any black Alamodes or Lustrings, unless they have the Custom-house Seal for foreign Goods, or the Mark of the Lustring Company, as Goods wrought by them:

And the Clause was twice read; and the Blanks filled up:

And the Clause, so amended, was upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, for a Duty to be paid for Coals at Newcastle:

And the same was once read; and, by Leave of the House, withdrawn.

Another Clause, with Blanks, was offered to be added to the Bill, That all Licences for Stage Coaches, granted by the Commissioners for that Purpose, for any longer time than One Year, shall be void:

And the same was twice read; and the Blanks filled up:

And the Clause, so amended, was, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

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

Royal Assent to Bills.

A Message from his Majesty, by Sir Fleetwood Shepherd, Gentleman Usher of the Black Rod:

Mr. Speaker,

The King commands this Honourable House to attend his Majesty, in the House of Peers, immediately.

Accordingly, Mr. Speaker, with the House, went up to attend his Majesty:

And, being returned;

Mr. Speaker reported, That his Majesty had been pleased to give the Royal Assent to the several publick and private Bills following; viz.

An Act for enabling such Persons as have Estates for Life in Annuities payable by several former Acts, therein mentioned, to purchase and obtain further, or more certain, Interests in such Annuities; and, in Default thereof, for admitting other Persons to purchase or obtain the same; for raising Monies for carrying on the War against France.

An Act for granting to his Majesty certain Rates and Duties upon Marriages, Births, and Burials, and upon Bachelors and Widowers, for the Term of Five Years, for carrying on the War against France with Vigour.

An Act for granting to his Majesty several additional Duties upon Coffee, Tea, Chocolate, and Spices, towards Satisfaction of the Debts due for Transport-Service for the Reduction of Ireland.

An Act for appointing and enabling Commissioners to examine, take, and state, the publick Accounts.

An Act for the more effectual suppressing profane Cursing and Swearing.

An Act 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.

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.

An Act for raising the Militia of this Kingdom for the Year 1695; and for repealing the Statute, of the 2d and 3d Years of King Edward the Sixth, intituled, An Act against shooting in Hail-shot.

An Act for continuing several Laws, therein mentioned.

An Act for the better Admeasurement of Keels and Keel-Boats in the Port of Newcastle, and the Members thereunto belonging.

An Act to indemnify Sir Thomas Cooke 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.

An Act for settling divers Manors and Lands upon the Marriage of the Marquis of Tavistock, Grandson to William Duke of Bedford.

An Act to enable the Guardians of James Earl of Salisbury to make Leases of Salisbury House, and some other Hereditaments in the Strand, in the County of Middlesex, for Improvement thereof by Building.

An Act for confirming Two Indentures Tripartite, the one of Lease, and the other of Release, made between the Right Honourable ThomasEarl of Thanet Island, of the First Part; the Honourable Sackvile Tufton Esquire, of the Second Part; and the Honourable William Cheney Esquire, and Sir Charles Tufton Knight, of the Third Part; and the Estates thereby settled.

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.

An Act for the vesting the Manor of Earles Croome, alias Jeffryes Croome, and Boughton, in the County of Worcester, in Trustees, to be sold; and for settling the Manor-house and Royalty of Wainfleet St. Mary's, in the County of Lincolne, and divers Lands, Parcel of the said Manor, of greater Value, to and upon the same Uses; and to enable Sir Robert Barkham Baronet to make Provision for his younger Children.

An Act to vest in Trustees certain Lands of Sir Gervase Clifton Baronet, in the County of Nottingham, for Payment of Debts, and raising Portions for younger Children.

An Act for enabling the Inhabitants of the Parish of Christ-Church, in the County of Surry, to make Rates for raising a Maintenance for a good and able Minister; and for the impowering the Trustees of the Will of John Marshall, deceased, to employ Monies for the finishing the said Parish Church.

An Act to confirm a Grant made by the Rector of the United Parishes of St. Michael Royal and St. Martin's in the Vintry, London, of Part of St. Martin's Church-yard.

An Act to enable Trustees to grant Leases of the Lands of Henry Northleigh Esquire, lately deceased, for Payment of his Debts, and providing a Maintenance for his younger Children.

An Act to vest certain Lands and Tenements, late of John Estoft, of Etton, in the County of York, Esquire, in Trustees, to be sold; towards Payment of the Debts of the said John Estoft, and raising Portions for his Daughters.

Royal Assent to Bills.

An Act to enable Jane Rogers, the Widow and Relict of Bryan Rogers, late of Falmouth, Merchant, deceased, and Administratrix of his Goods and Chattels, with his Will annexed, and other Trustees therein named, to sell Lands for the Payment of the Debts and Legacies of the said Bryan Rogers, in Performance of his said Will.

An Act for the ratifying and confirming a certain Indenture of Lease of Marton Mear, in the County of Lancaster, made by the Earl of Derby, and others, to Thomas Fleetwood Esquire.

An Act to vest certain Lands and Tenements in Trustees, to be sold, for the better Provision of the Daughters and Coheirs of Joseph Finch Esquire, deceased.

An Act to vest in Trustees certain Lands, in Kent and Sussex, of John Caryll Esquire, for the Payment of Debts, and raising of Portions for younger Children; and to supply the Defects of a Conveyance intended for those Purposes.

An Act to vest certain Lands of Sir William Chaitor Baronet, in Yorkshire and Durham, to be sold, for Payment of Debts charged thereon, and to secure Portious for younger Children.

An Act for enabling Sir Paul Whitchcote Knight and Baronet, and Dame Jane his Wife, to make Leases, for Ninety-nine Years, of the Manor of Tooting Graveney, and any of his Messuages, Lands, and Hereditaments, in Tooting-Graveney, Tooting-Beake, and Stretham, in the County of Surrey, for the better Improvement thereof.

An Act to enable William Wanley, an Infant, under the Age of One-and-Twenty Years, to new-build several Messuages Tenements in Ax-Yard, King's-street, Westminster; and to enable his Guardians to make one or more Lease or Leases for effecting the same.

An Act for Sale of Part of the Estate of Jonathan Webb Esquire, for discharging of Debts and Incumbrances charged thereupon.

An Act to enable Elizabeth Howland, the Widow of John Howland Esquire, deceased, to settle Lands upon the Marriage of her 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.

An Act for the vesting certain Lands and Tenements, the Estate of George Gilbert Peirce of the Middle Temple, London, Esquire, in Trustees, for the raising Monies, for the Payment of his Debts.

An Act for making salt Water fresh.

An Act to enable Trustees of William Gage Esquire to raise Money by a Mortgage of Part of his Estate, for the Preservation of the Timber growing thereon.

An Act for the better enabling the Executors and Trustees of Sir Thomas Hare Baronet, lately deceased, to raise Portions and Maintenances for his younger Children.

An Act to enable Peter Gollop Gentleman, to sell a Farm, and certain Lands called Wantsley; and to vest the Inheritance thereof, in Fee-simple, in such Person or Persons who shall be Purchaser or Purchasers thereof from him; subject only to the Payment of the Sum of One thousand Pounds Principal Money, with the Interest thereof due, and to grow due, under the executory Estate of Robert Merefeild Gentleman, deceased.

An Act for selling the Estate of John Kirke, deceased, for Payment of his Debts.

An Act to enable Hannah Woollaston Widow, and Jonathan her Son, an Infant, to sell certain Lands and Tenements in Warnford, in the County of Southampton, for Payment of Debts and Legacies, according to the Will of Richard Woollaston Esquire, deceased.

An Act to prevent Exactions of the Occupiers of Locks and Weirs upon the River of Thames Westward; and for ascertaining the Rates of Water-carriage upon the said River.

The King's Speech.

Mr. Speaker also reported, That his Majesty had been pleased to make a gracious Speech to both Houses; and, to prevent any Mistake in reporting thereof, he had desired and obtained a Copy; which he read to the House; and is as followeth; viz.

My Lords and Gentlemen,

I TAKE this Occasion to tell you, That the Season of the Year is so far advanced, and the Circumstances of Affairs are so pressing, that I very earnestly recommend to you the speedy dispatching such Business as you think of most Importance for the publick Good; because I must put an end to this Session in a few Days.

Examination of Sir T. Cooke.

A Message from the Lords, by Sir Miles Cooke and Sir Lacon William Child:

Mr. Speaker,

The Lords have resolved to nominate Twelve of their House to be of the Committee appointed by an Act, intituled, An Act to indemnify Sir Thomas Cooke from Actions, which he might be liable to, by reason of his discovering to whom he paid several Sums of Money, therein mentioned to be received out of the Treasure of the EastIndia Company; or for any Prosecution for such Distribution.

And then the Messengers withdrew.

Committee of both Houses.

Resolved, That Four-and-twenty of this House be nominated to be of the Committee appointed by an Act, intituled, An Act to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid several Sums of Money, therein mentioned to be received out of the Treasure of the EastIndia Company; or for any Prosecution for such Distribution.

Resolved, That a Message be sent to the Lords to acquaint them therewith.

Ordered, That Sir Eliab Harvey do carry the said Message.

Resolved, That this House will proceed to elect the Four-and-twenty, to be of the Committee, by Tickets for that Number, to be put into Glasses to be provided for that Purpose.

Lords desire House to continue sitting.

A Message from the Lords, by Sir Miles Cook and Sir Lacon William Child:

Mr. Speaker,

The Lords desire this House will continue sitting for some time longer.

And then the Messengers withdrew.

To which the House agreed.

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

Sir T. Cook to attend.

Ordered, That Mr. Speaker do issue his Warrant, for Sir Thomas Cook to attend the Committee of Lords and Commons To-morrow, being the 23th Day of April instant.

Sir Eliab Harvey reported, That he had, according to Order, delivered the Message to the Lords.

Compelling Craggs, &c. to account.

Ordered, That the Counsel for Mr. James Craggs and Mr. Richard Harnage be heard, at the Bar of this House, upon Wednesday Morning, upon their Petitions formerly presented to the House.

Punishing T. and E. Pauncefort.

Ordered, That the Counsel of Mr. Tracy Pauncefort and Mr. Edward Pauncefort be heard, at the Bar of this House, upon Wednesday next, upon their Petitions formerly presented to this House.

Committee for examining Sir T. Cook.

The Members of the House put into Glasses their Tickets for Four-and-twenty Names, to be of the Committee for Examination of Sir Thomas Cook; the Clerks going round the House as usual.

Resolved, That the Lord Ranelagh, Mr. Mountague, Mr. White, Mr. Clarke, Mr. Bromley, Mr. Hutchinson, Sir Fra. Winington, Mr. Comptroller, Sir Richard Onslow, Mr. Foley junior, Mr. Stockdale, Lord Cornbury, Mr. Pelham, Mr. Harley, Mr. Colt, Sir Hen. Hobart, Mr. Boyle, Mr. Hopkins, Sir Rowland Gwyn, Mr. Lutterell, Mr. Bridges, Sir Walter Young, Mr. Gwynn, Mr. Lowther, do withdraw into the Speaker's Chamber, to inspect the Tickets; and report, To-morrow Morning, to the House who the said Four-and-twenty are.

Committees.

Ordered, That all Committees be adjourned.

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