House of Commons Journal Volume 11
17 January 1696

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1803

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'House of Commons Journal Volume 11: 17 January 1696', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 394-396. URL: http://www.british-history.ac.uk/report.aspx?compid=39220 Date accessed: 18 September 2014.


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Veneris, 17 die Januarii ;

7° Gulielmi Tertii.

Prayers.

Duty on Coals.

A PETITION of several Dyers, on behalf of themselves and others of their Trade, in the City of London, and several Places adjacent, was presented to the House, and read; setting forth, That the Duty of 5 s. per Chaldron laid upon Coals, by an Act of the last Parliament, will be the Ruin of the Petitioners, and prejudicial to his Majesty's Customs; for that they cannot carry on their Trade without great Quantities of Coals; and the Duties which they pay for the Goods with which they dye, with the said Tax upon Coals, is so excessive high, that Foreign Parts can dye our Woollen Manufactures, and their own, much cheaper than the Petitioners; and, consequently, will undersell us at Foreign Markets; so that not only the Dyeing-Trade may thereby be lost to England, but his Majesty's Customs lessened, for want of a Consumption of the Commodities used therein: And praying Relief in the Premises.

Ordered, That the Consideration of the said Petition be referred to the Committee appointed to consider of the Act, made the last Parliament, for granting to his Majesty certain Duties upon Glass Wares, Stone and Earthen Bottles, Coals, and Culm, for carrying on the War against France; and of the Doubts and Complaints relating thereunto.

Portsmouth Election.

Ordered, That the Report from the Committee of Privileges and Elections touching the Election for the Borough of Portsmouth, in the County of Southampton, be made upon Tuesday Morning next.

Bampfeild's Estate.

Ordered, That Leave be given to bring in a Bill to enable Trustees to make Leases of the Estate of Sir Copleston Warwick Bampfeild Baronet, an Infant, during his Infancy; and for the laying out the Monies, to be raised thereby, in Purchases, to the Uses the said Estate now is: And that Mr. Hooper do prepare, and bring in, the Bill.

Debtors Relief.

A Bill for Relief of poor Prisoners, for Debt and Damages, was read a Second time.

Resolved, That the Bill be committed, to Mr. Heveningham, Sir John Lowther, Mr. Whitacre, Mr. Arnold, Mr. Lowther, Mr. Bowyer, Sir Wm. Ashurst, Mr. Farrer, Sir John Bolles, Mr. Paget, Mr. Gardner, Mr. York, Mr. Sandford, Mr. Weld, Mr. Blofeild, Mr. Shakerly, Mr. Parker, Sir Math. Andrews, Mr. Baldwyn, Mr. Pepys, Mr. Machell, Mr. Burdet, Mr. Frewen, Mr. Travers, Mr. Sayers, Lord Fairfax, Mr. Cooper, Sir Wm. Cooper, Mr. Watlington, Sir Wm. Williams, Mr. Newport, Mr. Osborne: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Commissioners of Accounts.

Mr. Richard Mountague, according to Order, presented to the House a Bill for the examining, taking, and stating the publick Accounts.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Elections—Oaths administered to Voters.

Ordered, That Leave be given to bring in a Bill for Punishing of such as shall forswear themselves, before the Sheriff, at Elections of Knights of Shires: And that Sir William Cooper and Mr. Bowyer do prepare, and bring in, the Bill.

Jenkins's Estate.

Ordered, That Leave be given to bring in a Bill for the Sale of the Estate of Newce Jenkins, and Margaret his Wife, and Mary Beningsfeild, Widow for Payment of Debts: And that Mr. Price do prepare, and bring in, the Bill.

Reversing Judgment against Sir W. Williams.

Resolved, That this House will, upon Wednesday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for reversing the Judgment against Sir William Williams; and asserting the Rights and Freedom of Parliament.

Warner's Estate.

A Message from the Lords, by Sir Robert Legard and Sir Richard Holford:

Mr. Speaker,

The Lords have passed a Bill, intituled, An Act for enabling Trustees to sell Part of the Estate of Edmund Warner, deceased, for Payment of his Debts; and for preserving the rest for the Benefit of his Heir: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Courts of Equity.

A Bill for regulating Proceedings in Courts of Equity was read the First time.

Resolved, That the Bill be read a Second time.

Coin.

An ingrossed Bill for remedying the ill State of the Coin of this Kingdom was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for remedying the ill State of the Coin of the Kingdom.

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

Supply Bill; Land Tax.

Ordered, That it be an Instruction to the Committee of the whole House, to whom the Bill for granting to his Majesty an Aid of Four Shillings in the Pound, for One Year, for carrying on the War against France, is committed, That they do receive a Clause, That all Persons, that will, may pay in their Four Quarterly Payments of the said Tax, at one time, in clipped Money.

Ordered, That it be an Instruction also to the said Committee, That they do receive a Borrowing Clause.

Grant to Earl of Portland.

Mr. Bromley reported from the Committee, to whom it was referred to prepare an humble Address, to be made to his Majesty, to stop the passing a Grant to the Earl of Portland, of the Manors of Denbigh, Bromfeild, and Yale, and other Lands, in the Principality of Wales; and that they may not be disposed from the Crown but by Consent of Parliament; That they had prepared the said 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 agreed unto by the House; and is as followeth; viz.

May it please your most Excellent Majesty:

Address thereon.

We, your Majesty's most dutiful and loyal Subjects, the Knights, Citizens, and Burgesses, in Parliament assembled, humbly lay before your Majesty, That whereas there is a Grant passing to William Earl of Portland, and his Heirs, of the Manors of Denbigh, Bromfeild, and Yale, and divers other Lands, in the Principality of Wales; together with several Estates of Inheritance enjoyed by many of your Majesty's Subjects by virtue of ancient Grants from the Crown:

That the said Manors, with the large and extensive Royalties, Powers, and Jurisdictions, to the same belonging, are of great concern to your Majesty, and the Crown of this Realm; and that the same have been usually annexed to the Principality of Wales, and settled on the Princes of Wales, for their Support: And that a great Number of your Majesty's Subjects, in those Parts, hold their Estates by Royal Tenure, under great and valuable Compositions, Rents, Royal-Payments, and Services, to the Crown, and Princes of Wales; and have, by such Tenure, great Dependence on your Majesty, and the Crown of England; and have enjoyed great Privileges and Advantages, with their Estates, under such Tenure:

We therefore most humbly beseech your Majesty, to put a Stop to the passing this Grant to the Earl of Portland, of the said Manors and Lands; and that the same may not be disposed from the Crown but by Consent of Parliament: For that such a Grant is in Diminution of the Honour and Interest of the Crown, by placing in a Subject such large and extensive Royalties, Powers, and Jurisdictions, which ought only to be in the Crown; and will fever that Dependence, which so great a Number of your Majesty's Subjects, in those Parts, have on your Majesty, and the Crown, by reason of their Tenure; and may be to their great Oppression in those Rights which they have purchased, and hitherto enjoyed with their Estates; and also, an Occasion of great Vexation to many of your Majesty's Subjects, who have long had the absolute Inheritance of several Lands, comprehended in the said Grant to the Earl of Portland, by ancient Grants from the Crown.

Resolved, That the said Address 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.

Wye and Lugg Navigation.

A Petition of the Gentlemen, Freeholders, and Inhabitants, of the Parish of Eastnor, in the Hundred of Radlo, and County of Hereford, was presented to the House, and read; setting forth, That there is a Bill now depending before the House, for making the Rivers of Wye and Lugg, in the County of Hereford, navigable; which will be to the Petitioners very great Damage: And praying, That a Time may be given for shewing their Reasons against the said Navigation.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Detention of Betty Frigate.

A Petition of several Merchants of the City of Bristoll, Owners of the Ship Betty Frigate, was presented to the House, and read; setting forth, That, in 1693, the Petitioners built the said Ship, and furnished her with all war like Provisions, and obtained a Commission from the Admiralty for making her a Privateer: That afterwards, her Captain took a French Ship, loaden with Fish, and sent the Prize for Bristoll; but, by contrary Winds, was forced into Cork, in Ireland; where she was stopped by Mr. Bedsford, Agent for the Prize Office in England, under Pretence of securing his Majesty's Share, though she was not arrived at the Place of her Discharge; for which the Petitioners Correspondent there offered unquestionable Security, upon her Arrival at Bristoll, that she might have the Convoy of the England Frigate, then bound for Bristoll; but the said Prize was stopped at Cork so long, that the England Frigate went away without her; and afterwards, coming thence alone, she was re-taken by the French, and so wholly lost to the Petitioners; who applied themselves to the Commissioners for Prizes, for Reparation of their Damages sustained by their Detention; but can hitherto have no Relief: And praying the Consideration of the House in the Premises.

Resolved, That the Consideration of the said Petition be referred to a Committee: And that they do examine the Matter; and report the same, with their Opinion therein, to the House:

And it is referred to Sir John Bolles, Sir Rowl. Gwynn, Mr. Yates, Mr. Henly, Lord Digby, Sir Rich. Onslow, Sir William Williams, Mr. Morgan, Mr. York, Mr. Shackerly, Sir Godfry Copley, Mr. Whitacre, Sir Harry Hobart, Mr. Burdet, Sir Phil. Butler, Mr. Mountague, Mr. St. Quintin, Mr. Moore, Mr. Price, Mr. Hoar, Mr. Colt, Mr. Blofeild, Mr. Sloane, Mr. Elwill, Mr. Palmes, Sir John Lowther, Mr. Molesworth, Mr. England, Mr. Onslow, Mr. Gwynn, Mr. Sanford, Mr. Egerton, Sir Gerv. Elwes, Sir Fra. Massam, Mr. Ash, Mr. Bethell: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And are to have Power to send for Persons, Papers, and Records.

Detention of Danby Gally.

A Petition of several Merchants of the City of Bristoll, Owners of the Ship Danby Gally, was presented to the House, and read; setting forth, That the Petitioners, in 1692, built the said Vessel, and furnished her with all warlike Provisions, and applied themselves to the Admiralty for a Commission for her going a Privateer, but were denied it; afterwards Horatio Townsend, Lieutenant to the Marquis of Carmarthen, hired her into his Majesty's Service, and used her therein for several Months; but the Navy-board denied any Payment of her Hire: That afterwards, the Petitioners sent the said Galley to the Streights, on a trading Voyage; and, upon her Arrival there, made fresh Application to the Admiralty for a Privateer's Commission, but were denied it, because she was in a foreign Port; whereupon, they procured a Commis sion from the Duke of Savoy, to keep to themselves whatever they should take of the French King's Subjects; and, accordingly, the said Ship took several Prizes in the Archipelagos; but putting into Livorne Port, with her Prizes, was there stopped by Mr. Blackwell, the English Consul, and Agent for the Prize-Office, for his Majesty's 5th Part, where they are still detained: That Captain Silcox, Captain of his Majesty's Ship the Turk's Tyger, took by Force, from the Commander of the Petitioner's Ship, one of her Prizes: That the Petitioners have often applied themselves to the Commissioners of the Navy and Prize-Office, for Damages, but can have no Relief; which is to the great Discouragement of Privateering, and Loss of the Petitioners: And praying the Relief of the House in the Premises.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of several Merchants of the City of Bristoll, Owners of the Betty Gally, is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Tryals for Treason.

The House proceeded, according to the Order of the Day, to take into Consideration the Amendments, made by the Lords, to the Bill for regulating of Tyals in Cases of Treason, and Misprision of Treason:

And the same were read; and are as followeth; viz.

3 Skin, 20 L. after "committed," insert "and that no Person or Persons shall be prosecuted for any such Treason, or Misprision of such Treason, committed or done, or to be committed or done, within the Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, before the said 25th Day of March, unless he or they shall be indicted thereof within Three Years after the said 25th Day of March: Always provided and excepted, That if any Person or Persons whatsoever shall be guilty of designing, endeavouring, or attempting, any Assassination on the Body of the King, by Poison, or otherwise, such Person or Persons be prosecuted at any time, notwithstanding the aforesaid Limitation."

4 Skin, L. 14, after "made," add Clause marked A: That, upon the Tryal of a Peer or Peeress, all the Peers who have a Right to vote, shall be summoned Twenty Days, at least, to appear at such Tryal; and every Peer, so appearing, shall vote in the Tryal, first taking the Oaths, mentioned in an Act made in First Year of the Reign of King William and Queen Mary, and also subscribing, and repeating, the Declaration, mentioned in an Act made in the 30th Year of the Reign of King Charles the 2d.

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

The Second Amendment being read a Second time;

Candles.

Ordered, That Candles be brought in:

The Question being put, That the House do agree with the Lords in the said Amendment;

The House divided.

The Yeas go forth.

Tellers for the Yeas,Colonel Granville,
Mr. Boyle:
192.
Tellers for the Noes,Sir Wm. Strickland,
Mr. Elwill:
150.

So it was resolved in the Affirmative.

Ordered, That Colonel Granvill do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendments.

Committees.

Ordered, That all Committees be adjourned.

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