House of Commons Journal Volume 11
14 December 1695

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1803

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'House of Commons Journal Volume 11: 14 December 1695', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 361-363. URL: http://www.british-history.ac.uk/report.aspx?compid=39193 Date accessed: 20 November 2014.


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Sabbati, 14 die Decembris;

Septimo Gulielmi Tertii.

Prayers.

Preventing Export of Wool.

SIR Mathew Andrews presented to the House, according to Order, a Bill for preventing the Exportation of Wool, and encouraging the Importation thereof from Ireland: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Lords desire a Conference.

A Message from the Lords, by Sir Miles Cooke and Sir Richard Holford:

Mr. Speaker,

The Lords do desire a Conference with this House, in the Painted Chamber, this Morning at Twelve a Clock, upon a Matter relating to the Trade of this Kingdom.

And then the Messengers withdrew.

Resolved, That the House do agree to a Conference, as the Lords do desire.

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

St. James, Westminster Parish Debts.

A Petition of the Rector, and Gentlemen of the Board of Vestry, of the Parish or Parish-Church of St. James within the Liberty of Westminster, and of the several Workmen, Creditors to the said Church, in behalf of themselves, and others the Inhabitants of the said Parish, Owners and Occupiers of Houses there, was presented to the House, and read; setting forth, That by an Act of Parliament, made in the First Year of the Reign of King James the Second, for erecting a new Parish, to be called St. James within the Liberty of Westminster, Power was given to raise the Sum of 2,000 l. for finishing the Church then building; which said Sum hath been raised, and paid to several Workmen therein employed; but the same proves very insufficient; and the Parishioners are indebted to the several Workmen, with moderate Interest from the time of settling their Debts, above 3,000 l.; which Debt, if longer delayed, will grow much greater: And praying Leave to bring in a Bill to enable them to raise upon themselves so much Money as will discharge their said Debt.

Ordered, That Leave be given to bring in a Bill, according to the said Petition: And that Mr. Chancellor of the Exchequer do prepare, and bring in, the Bill.

Committees.

Ordered, That all Committees be revived.

Hawkers and Pedlars.

A Bill for suppressing Hawkers and Pedlars was read the First time.

Resolved, That the Bill be read a Second time.

Tryals for Treason.

Colonel Granville reported, from the Committee of the whole House, to whom the Bill for Regulating of Tryals in Cases of High Treason, and Misprision of Treason, 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.

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

Mitchell Election.

Mr. Solicitor-General reported, from the Committee of Privileges and Elections, the Matter touching the Double Return for the Borough of Mitchell in the County of Cornwall, and the Resolution of the said Committee thereupon; 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 the Committee had inspected the Record of the Return for Mitchell, in the County of Cornwall; and had considered the Petition of Humphrey Courtney Esquire, and Thomas Vivian Esquire, relating thereunto: And that by the Record it appeared;

That by one Indenture, dated 30th October 1695, mentioned to be made between the Sheriff of the County of Cornwall, and the Deputy Portreeve and Burgesses of Mitchell, and signed by Josias Free, as Deputy Portreeve, and several of the Burgesses,


By a like Indenture,
Thomas Vivian Esquire,
Humph. Courtny Esquire,
are returned,

By one other Indenture, of the same Date, mentioned to be made between the Sheriff and Portreeve, and signed by Timothy Gully, as Portreeve, and several of the Burgesses,


By a like Indenture,
Anthony Row Esquire,
Thomas Dobson Esquire,
are returned.

That the Committee first examined,

Mr. Chute, the Clerk of the Crown; who said, That the Returns for the County of Cornwall were brought to him on Friday the 22th of November, about Six at Night: That Mr. Sharwood did deliver the Returns to him; and that, at the time of the Delivery to him, the said Four Indentures were annexed to the Writ: That Mr. Row, and a Person that came an Express with the Returns, were present at the Delivery: But by what Means the Returns were delayed, before they came to him, he could not tell.

That Mr. Hoblyn, a Member, informed the Committee, That he was present at the Election; and the High Sheriff was also present, and received the Indentures by which Mr. Vivian and Mr. Courtney are returned, and sealed the Counter-parts of the same Indentures: And that the Sheriff told him, Mr. Row had been with him, to return his, Indentures, and so make it a Double Return; but the Sheriff told Mr. Hoblyn, He had refused Mr. Row; saying, He was obliged to return the Indentures annexed to the Precept.

That Mr. Manly and Mr. Vincent, Members, also informed the Committee, That the Sheriff had given to each of them the same Account of Mr. Row's coming to him, to get his Indentures returned; and that he had answered, as before testified by Mr. Hoblyn.

That then the Committee called in the Counsel:

And Mr. Courtney's Counsel insisted, That the Indentures by which Mr. Row and Mr. Dodson are returned, were not duly affixed to the Writ: And produced,

Mr. Edward Hoblyn; who proved the Counter-parts of the Indentures by which Mr. Vivian and Mr. Courtny are returned to be executed by the High-Sheriff: And said, That Tobias Scollard, being sent with the Returns for Cornwall, by Express, came to London on Wednesday Night: That he looked upon them; and that the Indentures whereby Mr. Row and Mr. Dodson are returned, were not sent up with the Indentures brought by Scollard, nor affixed to the Writ till Friday, after Eleven a Clock.

Mr. Hoblyn said further, That Gully, the pretended Portreeve, that had returned Mr. Row and Mr. Dodson, had left his Country, was outlawed, and lived in WhiteFryars.

That Mr. Row and Mr. Dodson's Counsel, on the other Side, produced a Letter from Mr. Courtney, directed to Mr. Gully, and dated the 22th October 95; wherein he owned him to be Portreeve, and desired him to sign a Deputation to Josias Free.

The Draught of the Deputation, inclosed in the Letter, was also produced to the Committee.

That, on behalf of Mr. Row and Mr. Dodson, was also called

Mr. Gilbert Eyre; who said, He was present when Mr. Row desired the Sheriff to return his and Mr. Dodson's Indentures; that the Sheriff did tell Mr. Row, He could not do it; because, by the Act, he was to return the Indentures annexed to the Precept; but at last it was agreed, he should carry the Indentures to Mr. Hooker, and he should do as Counsel advised.

Mr. Hooker said, Scollard came to his House, whilst he was at dinner, on Thursday 21 Nov.; and about Half an Hour after 3 came again, and desired Money to pay the Fees of filing the Returns: Said, Mr. Row came to him, to annex his Indentures to the Writ: and said, He could get it under Counsels Hand, That it might be done; but Counsel did not think fit to do it, Mr. Row not being able to give them an Account of the Constitution of the Place. That he delivered the Returns to Mr. Sherwood, and ordered him to act as he should be advised: That they went to the Clerk of the Crown, and, not meeting with him, they brought back the Indentures to him: That, he having received a Letter from the High Sheriff, with the Returns; by which it was left to him to act as he thought fit; he, thinking it best for the Sheriff to annex the other Two Indentures, did give Order for the annexing of them: And, accordingly, they were annexed on Friday, the Day the Parliament met, in the Afternoon.

That Mr. Tregagle the High Sheriff's Letter was read; wherein Mr. Tregagle wrote, that Mr. Row had his Indentures, otherwise he would have sent them; and further, That whatever Mr. Hooker thought fit, he would comply with.

That Mr. Sherwood said, Mr. Hooker did deliver him the Returns, with Directions to advise about them: That he went to the Clerk of the Crown, thinking to advise with him, but missed of him: That he advised with several Lawyers, who were of different Opinions in the Matter: That Mr. Hooker afterwards ordered the Return to be opened, and Mr. Row's and Mr. Dodson's Indentures to be affixed to their proper Place.

And that, upon the whole Matter, the Committee, came to this Resolution:

Resolved, That it is the Opinion of this Committee, That the Indentures by which Anthony Row Esquire, and Thomas Dodson Esquire, are returned to serve for the Borough of Mitchell, are not duly affixed to the Writ for electing Members to serve in this present Parliament for the County of Cornwall.

The said Resolution being read a Second time;

Resolved, That the House do agree with the Committee in the said Resolution, That the Indentures by which Anthony Row Esquire, and Thomas Dodson Esquire, are returned to serve for the Borough of Mitchell, are not duly affixed to the Writ for electing Members to serve in this present Parliament for the County of Cornwall.

Ordered, That the Clerk of the Crown do attend, upon Monday Morning next, to take off the said Return, so unduly affixed.

A Motion being made, and the Question being put, That it be an Instruction to the Committee of Privileges and Elections, That they do appoint a short Day to hear the Merits of the Return and Election for the Borough of Mitchell;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Mr. Colt,
Mr. Elwill:
148.
Tellers for the Noes, Sir John Bolles,
Mr. Manley:
175.

So it passed in the Negative.

Conference with Lords.

Ordered, That Mr. Mountague, Lord Ranelagh, Mr. Attorney-General, Sir Wm. Trumball, Mr. Boyle, Sir Hen. Hobart, Sir William Williams, Sir Wm. Ellis, Mr. Wharton, Sir Rich. Temple, Mr. Comptroller, Mr. Cooper, Sir Richard Onslow, Mr. Smith, Mr. Etterick, Mr. Elwell, Mr. Bromley, Sir Edward Seymour, Mr. Solicitor-General, Mr. Molesworth, Sir Tho. Littleton, Sir William Twisden, Sir Chr. Musgrave, Mr. Travers, Lord Ashley Sir Fra. Winnington, Sir Godfrey Copley, Colonel Granville, do manage the Conference with the Lords.

And the Managers went to the Conference.

And, being returned;

Mr. Boyle reported, That they had met the Lords at the Conference: And that the Lord Rochester managed the same on the Part of the Lords; who delivered himself to this Effect; That the Lords desire this Conference to preserve that good Correspondence that was necessary between both Houses; which the Lords would keep inviolable upon all Occasions: That the Lords, taking into Consideration the Trade of the Nation, had taken notice of an Act of Parliament made in Scotland, and had resolved upon an Address to be made to his Majesty; to which they desire the Concurrence of this House; as followeth; viz.

Address respecting Scotch E. I. Company.

WE the Lords Spiritual and Temporal, and in Parliament assembled, having taken into our Consideration the State of the Trade of this Kingdom, do find, That, besides many other Disadvantages and Difficulties it now lies under, an Act of Parliament that hath lately received your Majesty's Royal Assent in your Kingdom of Scotland, for erecting a Company trading to Africa and the Indies, is likely to bring many great Prejudices and Mischiefs to all your Majesty's Subjects, that are concerned in the Wealth or Trade of this Nation: And therefore, in all Duty to your Majesty, and the Care we ought to have of this Kingdom, We do humbly represent to your Majesty, That the said Act does provide, That all Ships, Vessels, Merchandize, Goods, and other effects whatsoever, belonging to that Company, shall be free from all manner of Restraints or Prohibitions, and of all Customs, Taxes, Sesses, Supplies, and other Duties, imposed, or to be imposed, by Act of Parliament, or otherwise, for the Space of One-and-twenty Years; And further, That the said Company, whose Members, Officers, Servants, or others, belonging thereto, shall be free, both in their Persons, Estates, and Goods, employed in the said Stock and Trade, from all manner of Taxes, Sesses, Supplies, Excises, Quartering of Soldiers transient or local, or levying of Soldiers, or other Impositions whatsoever, during the Space of One-and-twenty Years:

By reason of which great Advantages granted to the Scotch East-India Company, and the Duties and Difficulties that lie upon that Trade in England, a great Part of the Stock and Shipping of this Nation will be carried thither; and, by this Means, Scotland be made a free Port for all East-India Commodities; and, consequently, those several Places in Europe, which were supplied from England, will be furnished from thence much cheaper than can be done by the English; and therefore, this Nation will lose the Benefit of supplying foreign Parts with those Commodities; which hath always been a great Article in the Balance of our foreign Trade: Moreover, the said Commodities will unavoidably be brought by the Scotch into England, by Stealth, both by Sea and Land, to the vast Prejudice of the English Trade and Navigation, and to the great Detriment of your Majesty, in your Customs: And, when once that Nation shall have settled themselves in Plantations in America, our Commerce in Tobacco, Sugar, Cotton-wool, Skins, Masts, &c. will be utterly lost; because the Privileges of that Nation, granted to them by this Act, are such, that that Kingdom must be the Magazine for all those Commodities; and the English Plantations, and the Traffick thereof, lost to us, and the Exportation of our own Manufactures yearly decreased.

Besides these, and many other Obstructions that this Act will unavoidably bring to the general Trade of this Nation, another Clause in the said Act, whereby your Majesty promises to interpose your Authority, to have Restitution, Reparation, and Satisfaction, made for any Damage that may be done to any of the Ships, Goods, Merchandize, Persons, or other Effects whatsoever, belonging to the said Company, and That upon the publick Charge, does seem to engage your Majesty to employ the Shipping and Strength at Sea of this Nation, to support this new Company, to the great Detriment even of this Kingdom.

All which great Prejudices, Inconveniences, and Mischiefs, arising by the said Act, We, in all Duty and Faithfulness, lay before your Majesty.

And that then the Lord Rochester added, That the Lords do not, in this Address to the King, propose any Remedies, as is usual in most Addresses that are presented to his Majesty; because the Inconveniences complained of arise in a Kingdom independent of this; for which the Remedies will, in their Opinion, be more securely provided for in Bills that may be agreed on between the Two Houses here: But, because some Length of Time may be requisite for the preparing such Bills for the Royal Assent, their Lordships have thought it necessary, by this Address, that his Majesty, in the mean time, may be fully informed of the great Mischiefs which this Scotch Act of Parliament may bring upon the Trade of this Nation.

The said Address being delivered in at the Table, was twice read:

Resolved, That the Blank be filled up with "Commons."

Resolved, That this House do agree with the Lords in the said Address, so amended.

Ordered, That a Message be sent to the Lords, to desire a Conference upon the Subject-matter of the last Conference.

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

Supply.

Sir Thomas Littleton reported, from the Committee of the whole House, to whom it was referred to consider further of the Supply to be granted to his Majesty, for carrying on the War against France, the Resolutions of the said Committee; which they had directed him to report to the House; 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 the Sum of Sixteen thousand Nine hundred Seventy and Two Pounds be allowed for the Officers of the Two Marine Regiments.

Resolved, That it is the Opinion of this Committee, That 87,440 Men, including Commission and Noncommissioned Officers, according to the List of the Land-Forces delivered into the House, are necessary, for the Service of the Year 1696, to be employed in England and beyond the Seas.

Resolved, That it is the Opinion of this Committee, That the Pay of the Horse, Dragoons, and Foot, according to the said List of the Land-Forces delivered into the House, for the Service of the Year 1696, be the Sum of 2,007,881 l. 19s. 11d.

Resolved, That it is the Opinion of this Committee, That the Sum of 500,000 l. be allowed for the extraordinary Service of the Office of Ordnance, and for the Pay of the General Officers, and for Transports, Hospitals, Contingencies, and other extraordinary Charges of the War, for the Service of the Year 1696.

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

Resolved, That a Sum, not exceeding the Sum of 2,524,853 l. 19s. 11d. be granted to his Majesty, for the Maintenance of the Land-Forces for the Service of the Year 1696.

State of the Nation.

Resolved, That this House will, upon Tuesday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider further of the State of the Nation.

Address on the state of the Coin.

Mr. Chancellor of the Exchequer reported from the Committee, to whom it was referred to prepare an Address, to be presented to his Majesty, upon the Resolutions of this House, relating to the Coin, That they had prepared an Address accordingly; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was twice read; and, with an Amendment made thereunto, agreed unto by the House; and is as followeth; viz.

May it please your Most Excellent Majesty,

WE your Majesty's most dutiful and loyal Subjects, the Knights, Citizens, and Burgesses, in Parliament, having taken into our serious Consideration, the great Mischiefs which this your Kingdom lies under, by reason that the Coin which passes in Payments is generally clipped; and being humbly of Opinion, That the most effectual Way to put a Stop to this Evil, is, to prevent the Currency thereof, as soon as your Majesty in your great Wisdom shall think fit; do most humbly address to your Majesty, to issue out your Royal Proclamation, and thereby appoint such Day, or Days, as to your Majesty shall seem meet, after which no clipped Crowns, or Halfcrowns, be allowed in Payment, or to pass; except only to the Collectors and Receivers of your Majesty's Revenues and Taxes, or upon Loans, and Payments into your Exchequer: And likewise to appoint such other Day, or Days, after which they shall not pass in any Payment whatsoever.

And we further humbly beseech your Majesty, to appoint such other Day, or Days, after which no other Money clipped within the Ring be allowed in Payment, or to pass; except only to the Collectors and Receivers of your Majesty's Revenues and Taxes, or upon Loans, or Payments into your Exchequer: And likewise to appoint such other Day, or Days, after which no such Money shall pass in any Payment whatsoever.

Resolved, That the said Address be presented to his Majesty by such Members of this House as are of his Majesty's most honourable Privy-Council.

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