House of Commons Journal Volume 11
31 January 1696

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1803

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'House of Commons Journal Volume 11: 31 January 1696', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 421-424. URL: http://www.british-history.ac.uk/report.aspx?compid=39231 Date accessed: 02 September 2014.


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Veneris, 31 die Januarii ;

7┬░ Gulielmi Tertii.

Prayers.

Duty on Coals.

A PETITION of the Mayor, Sheriffs, Aldermen, and Citizens, of the City of Norwich, was presented to the House and read; setting forth, That, by an Act passed the last Parliament, a Duty of 5s. per Chaldron is laid upon Coals; without which, the Price of Coals here is double what it used to be in time of Peace; and the Firing of that Country being little else than Coals, in all Likelihood, had not this Winter passed very favourable, the Power of the Magistrates would not have been sufficient to have kept the Multitude of Poor in that City in any due Order: And praying the Consideration of the House, and 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.

Dr. Hascard thanked.

Ordered, That the Thanks of this House be given to Doctor Hascard, Dean of Windsor, for the Sermon by him preached before this House, Yesterday, at St. Margaret's, Westminster: And that he be desired to print the same: And that Mr. Sandford and Mr. Backwell do acquaint them therewith.

Stanhope's &c. Nat.

A Bill for the Naturalizing of James Stanhope Esquire, and others, was read the First time.

Resolved, That the Bill be read a Second time.

Sandes' Estate.

An ingrossed Bill, from the Lords, intituled, An Act for vesting a Moiety of the Manor of Shepton-Mallet, in the County of Somerset, and a divided Moiety of the Manor of Wells, in the said County, in Trustees to be sold, for Payment of a Mortgage charged thereon; and for making a Provision for the Maintenance of Mary the Wife of William Sandes Esquire, and her Children; was read the First time.

Resolved, That the Bill be read a Second time.

Fines of ancient Demesne Lands.

Ordered, That Leave be given to bring in a Bill for proclaiming Fines levied of Lands, in ancient Demesne and making them Bars to Titles, as other Fines are by the Statute of Henry the Seventh: And that Mr. Conyers do prepare, and bring in, the Bill.

Garbling Spices.

Ordered, That Sir Rich. Temple, Sir Tho. Pope Blount, Sir Rich. Onslow, Mr. Etterick, Mr. Price, Mr. How, Mr. Verney, Mr. Hoar, Mr. Sandford, Mr. Halsey, Mr. Blofeild, Mr. Perry, be added to the Committee, to whom it is referred to consider of the Petition of the West-India Merchants: And all that come are to have Voices.

Reversing Judgment against Sir W. Williams.

Sir John Bolles, according to the Order of the Day, reported, from the Committee of the whole House, to whom the Bill for reversing the Judgment against Sir William Williams: and for asserting the Rights and Freedom of Parliament; was committed; the Amendment, made by the Committee, to the said Bill; 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, upon the Question put thereupon, agreed unto by the House.

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

Warner's Estate.

Mr. Gery reported from the Committee, to whom the ingrossed Bill, from the Lords, 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; was committed; That they had examined and considered the same; and had made some Amendments; 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 once read; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House; and are as followeth; viz.

Pr. 2. L. 40, leave out "Knight," and insert "Baronet."

Pr. 3. L. 29, after "Title," insert "Tenure, Service."

The Bill was read the Third time.

Resolved, That the Bill, with the Amendments, do pass.

Ordered, That Mr. Gery do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, with some Amendments: To which they desire their Lordships Concurrence.

Ease of Sheriffs.

Mr. Harley, according to Order, presented to the House a Bill for the Ease of Sheriffs in the Execution of their Office, and passing their Accounts.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Sandwich Election.

Colonel Granville reported, from the Committee of Privileges and Elections, the Matter touching the Election for the Port of Sandwich, as it appeared to the said Committee, and the Resolutions of the Committee thereupon; 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.

Upon the Petition of John Thurbarne, Serjeant at Law, complaining of an undue Return for the Port of Sandwich:

The Committee have examined the Matter of that Election.

That the Poll was thus;

For Mr. Taylor219
For Mr. Brent169
For Mr. Serjeant Thurbarne147

But the Petitioner insisted, That many of the Sitting Members Voices had been gained by ill Practices; which Voices, so gained, not being allowed, would give the Petitioner the Majority.

Sandwich Election.

Ralph Goodchild, produced on behalf of the Petitioner, said, That, a great while before the Writ came down, and he believes it might be a Month before the Election, at the Desire of some of Mr. Taylor's Friends, he went to Mr. Taylor's House, with an Account of what Men they thought they could engage for him: And that Mr. Taylor said to him, and, as he believes, Mr. Paramour, Mr. Mandy, and Mr. Gregg, were by, That he heard some got Places of Profit by being Parliament-men; and that if the Town chose him, and he got any, he would give Half to the Corporation, and 20 l. a Year to the Poor: and give the Corporation a Treat, upon the Day he was chosen, every Year: That Mr. Taylor bid him speak of it; and, accordingly, he did make Use of it to persuade several to vote for Mr. Taylor: That he himself voted for Mr. Taylor, and designed to do so before he had made those Promises: And said, He believes he saw Bills of Charges on Mr. Taylor's (fn. (a)) [Account], amounting to 300 l. and that Crickett was Mr. Taylor's Agent.

Nicholas Tisden said, That Mr. Taylor, the Day before the Election, declared, Mandy being present, If he got a Place of 1,000 l. or 500 l. a Year, as he hoped he should, or whatever it was, he would given it Half to the Town: And Crickett said, He would give his Bond, that Mr. Taylor should spend 40 or 50 l. a Year upon the Town, and also given 20 l. to the Poor: And that Turner, sitting by, said, He would drink Serjeant Thurbarn's Health, but he durst not vote for him; for, if he did, they would never employ him again.

John Chapman said, That Cricket did declare, That Mr. Taylor had promised; and that he the said Cricket would give his Bond; as above testified: And that, on account of his voting for Mr. Brent, Crickett had received 40s. of Ricksy, and paid it in Part of a Debt of 7 l. owing from him the said Chapman to the Serjeant: But he acknowledged, Cricket was bound with him for it:

But it did not appear, That Mr. Brent had any-ways employed Cricket.

Peter Cricket, John Moore, said, The Mayor went to several Persons, to desire them to vote for Mr. Brent: And Moore owned, That he himself had spoke to several to be for the Serjeant.

Isaac Clarke, Ja. Jenkinson, John Stone, said, That a Letter was read as from Sir Cloudsly Shovell; by which they pretended, that all the Seamen that would not vote for Mr. Brent should be pressed: And Ricksey, and others, were by at the Reading of the Letter; and some Seamen were scared out of Town at it:

But Mr. Ricksey produced the Letter; which, he said, he read; and was the same mentioned before:

And it being read to the Committee, it was only recommendatory of Mr. Brent, without any Threatening, or Promise.

John Vatchelor said, George Broderly, who voted, and made an Interest, for Mr. Brent, tendered him Two Halfcrowns to vote for Mr. Brent; and Mr. Ricksey and Mr. Fisher were by: And was threatened to be ruined, because he would not vote against the Serjeant:

But Nicholas, Vatchelor's Brother, said, He had heard his Brother John declare, That Broderly had offered him no Money.

William Hutton said, He had an old Debt of Three Pounds odd Money owing from Daniel Curser; and, he dying, the Debt became dubious: And that the said Hutton was offered to have the Debt paid, if he should vote for Mr. Tayler.

That, for the Sitting Members, was produced;

John Crickett: Who said, That he was at Mr. Taylor's House, when the Freemen desired him to stand, and brought him a List of 180 Men that would vote for him: That they told him, they thought it would be a great Charge, the Town being used to Drink; and Mr. Taylor said, If he thought it would cost him 150 l. he would not lay in for it: That he had a Letter from Mr. Taylor, not to treat; but no Letter, to treat: That he was Chapman's Godfather; and was bound with Chapman to the Serjeant for the 7 l. and borrowed 40s. of Ricksey to pay the Serjeant; and gave Ricksey a Note for it; and has Chapman's Counter-bond as to the 7 l.: That he might say Mr. Taylor had made such Promise, as afore testified, and that he would be as good as his Word; but offered no Bond.

Mr. Mandy, being produced, denied that he was at Mr. Taylor's House with Goodchilde: But said, That some Persons gave out, That Mr. Taylor was for a general Excise; Others, That he was a Courtier: That he cleared himself of the Excise: As to the other, says Mr. Taylor, Do you think I would leave an Employment I was in, for an Office at Court? To which one, whose Name, Mandy thinks, was Wright, replied, But what is that to us? Yes, says Mr. Taylor, it shall be to you: for I will give all to you.

That Ramsgate, a Member of Sandwich, had been made a flourishing Town by Mr. Taylor's Means; and they were in Hopes, if Sandwich chose him a Parliamentman, he would transfer his Kindness to them, and engage some Families to come and live there; Sandwich, wanting Inhabitants.

Mr. Paramour said, He had acted for Mr. Taylor: That Colonel Pargrave and he went to wait upon Mr. Taylor; being come to live in those Parts: And that Mr. Taylor said, He would willingly be acquainted with the Mayor and Jurats of Sandwich; and that he would spend Five or Ten Pounds upon them: That it was answered, It would cost him more; there being a Discourse that the Freemen would invite him to stand for Parliamentman: That, after Mr. Taylor had paid some Bills, he said, He did not think it would stand with his Reputation to spend Money to be a Parliament-man; and that as to Two or Three hundred Pounds, which some expected should be paid by Mr. Taylor, they would find, that he gave no Orders in it.

Thomas Barber junior said, That Sir Cloudsly Shovell's Letter was read to Clerk, and some others, to undeceive them; it being reported, That it contained other Matters than it did: And that he knew of nobody threatened to be pressed.

Thomas Barber senior, Mayor, said, That after the Precept came down, he acquainted his Brethren, and sent the Crier to summon the Freemen: And that, a little before the Close of the Poll, the Serjeant declared, he had lost it past Recovery: That he voted for the Serjeant and Mr. Brent: And that Chapman was an ill Man, and a pilfering fellow.

Richard Hawker, the Town-Clerk, said, That Serjeant Thurbarne objected to the Five last Votes, and said, The Hospital-men might as well be polled as those.

That, upon the whole Matter, the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That Edward Brent Esquire is duly elected one of the Barons of the Cinque Ports, to serve in this present Parliament, for the Port of Sandwich.

Resolved, That it is the Opinion of this Committee, That John Taylor Esquire is duly elected one of the Barons of the Cinque-Ports, to serve in this present Parliament for the Port of Sandwich.

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

Leave of Absence.

Ordered, That Mr. Secretary Trumball have Leave to go into the Country for a Week, for Recovery of his Health.

Ordered, That Mr. Campion have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

Duty on Sail-Cloth.

A Petition of divers Sailmakers of London, on behalf of themselves, and others using the same Trade, was presented to the House, and read; setting forth, That the Petitioners understand, that several Persons are endeavouring to get a Clause added to the Bill for continuing several Duties, granted by former Acts, upon Wine and Vinegar, and upon Tobacco, and East-India Goods, and other Merchandizes, imported, for carrying on the War against France, For laying an additional Duty on all Sail-Cloth imported; which will be greatly prejudicial to his Majesty's Navy, and the whole Navigation of the Nation; being very well satisfied, it is not possible for all the Persons that make Sail-Cloth in England to supply half his Majesty's naval Occasions; neither is the same to compare with Holland's Duck Sail Cloth for Goodness: And, if a further Imposition be laid upon Holland's Duck, the same will be so excessive dear, that our English Merchants, as well as Foreigners, will make their Sails in Holland, which now make them here; to the Ruin of the Petitioners, and their Families, who are many Hundreds; and will only promote those Persons private Interests: And praying, That they may be heard to offer their Reasons against the Passing of the said Clause.

And a Motion being made, and the Question being put, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for continuing several Duties, granted by former Acts, upon Wine and Vinegar, and upon Tobacco, and East-India Goods, and other Merchandizes, imported, for carrying on the War against France, is committed;

It passed in the Negative.

State of the Nation.

Colonel Granvill, according to the Order of the Day, reported, from the Committee of the whole House, to whom it was referred to consider of the State of the Nation, in relation to Trade, 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.

Members summoned.

Ordered, That the Serjeant at Arms do go, with the Mace, into Westminster-hall, and the several Courts, and Court of Request, and summon the Members there to attend the Service of the House.

And the Serjeant went accordingly.

And, being returned with the Mace;

Resolutions for a Council of Trade.

The said Resolutions of the said Committee; were read; and are as follow; viz.

1. Resolved, That it is the Opinion of this Committee, That a Council of Trade be established, by Act of Parliament, with Powers for the more effectual Preservation of the Trade of this Kingdom.

2. Resolved, That it is the Opinion of this Committee, That the Commissioners constituting the said Council of Trade shall be nominated by Parliament.

3. Resolved, That it is the Opinion of this Committee, That none of the said Commissioners be of this House.

4. Resolved, That it is the Opinion of this Committee, That the said Commissioners do take an Oath, acknowleging, That King William is rightful and lawful King of this Realm; and that the late King James hath no Right or Title thereunto; and that no other Person hath any Right or Title to the Crown, otherwise than according to the Act, made in the First Year of the Reign of King William and Queen Mary, intituled, An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.

5. Resolved, That it is the Opinion of this Committee, That the said Council of Trade shall be impowered to require Information, and receive the Application, from Merchants and Traders, with respect to the Protection of all Ships going out, and returning.

6. Resolved, That it is the Opinion of this Committee, That the said Commissioners do send their Directions for the Protection of Trade to the Lord High Admiral of England, or the Commissioners for executing that Office, which Directions are to be controulable by his Majesty, under his Sign Manual; or by such Person or Persons as his Majesty shall authorize, in the Administration of the Government, during his Majesty's Absence out of the Kingdom.

7. Resolved, That it is the Opinion of this Committee, That the said Commissioners be likewise impowered to receive Complaints, in relation to Trade, of the Misbehaviour of Commanders and Officers; and to represent the same to his Majesty; or such Person or Persons as his Majesty shall authorize, in the Administration of the Government, during his Majesty's Absence out of the Kingdom; and send their Directions to the Admiralty, for proceeding against Offenders according to Law.

8. Resolved, That it is the Opinion of this Committee, That the said Commissioners be likewise impowered to consider the Plantation Trade, and all other Trades and Manufactures; and the best Methods for securing and improving the same to England.

9. Resolved, That it is the Opinion of this Committee, That the said Commissioners be likewise impowered to receive Proposals for the better employing, and setting on Work, the Poor of this Kingdom.

10. Resolved, That it is the Opinion of this Committee, That the said Commissiones be likewise impowered to look into the Book of Rates, in order to the settling the Balance of Trade, for the Benefit of this Kingdom.

11. Resolved, That it is the Opinion of this Committee, That the said Commissioners be impowered to consider the best Methods of settling a Court-Merchant.

12. Resolved, That it is the Opinion of this Committee, That the said Commissioners have Power to consider how to regain, encourage, and establish, the Fishery.

13. Resolved, That it is the Opinion of the Committee, That the said Commissioners be likewise impowered to restrain all Merchants Ships from going out, but at certain Times, in Fleets, and with Convoys.

14. Resolved, That it is the Opinion of this Committee, That the said Commissioners be impowered to take Examinations upon Oath.

The First Resolution being read a Second time;

An Amendment was proposed to be made thereunto, by leaving out "by Act of Parliament:"

And the Question being put, That those Words do stand Part of the said Resolution;

It was resolved in the Affirmative.

Then the Question being put, That the House do agree with the Committee in the said Resolution;

It was resolved in the Affirmative.

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

The Third Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That none of the said Commissioners be of this House;

The House divided.

The Noes go forth.

Tellers for the Yeas,Sir Rowland Gwyn,
Mr. Norris:
188.
Tellers for the Noes,Mr. Bickerstaffe,
Mr. Manley:
209.

So it passed in the Negative.

The Fourth Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That the said Commissioners do take an Oath, acknowledging, That King William is rightful and lawful King of this Realm; and that the late King James hath no Right or Title thereunto; and that no other Person hath any Right or Title to the Crown, otherwise than according to the Act, made in the First Year of the Reign of King William and Queen Mary, intituled, An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown;

The House divided.

The Noes go forth.

Tellers for the Yeas,Lord Coningsby,
Mr. Elwill:
188.
Tellers for the Noes,Sir Robert Davers,
Mr. Gwyn:
195.

So it passed in the Negative.

The 5th, 6th, 7th, 8th, and 9th, Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The 10th Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That the said Commissioners be likewise impowered to look into the Book of Rates in order to the settling the Balance of Trade, for the Benefit of this Kingdom;

It passed in the Negative.

The 11th and 12th Resolutions being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The 13th Resolution being read a Second time.

And the Question being put, That the House do agree with the Committee in the said Resolution, That the said Commissioners be likewise impowered to restrain all Merchants Ships from going out, but at certain Times, in Fleets, and with Convoys;

It passed in the Negative.

The 14th Resolution, being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

Ordered, That a Bill be brought in upon the Resolutions agreed unto by the House: And that Colonel Granville do prepare, and bring in, the Bill.

Committees.

Ordered, That all Committees be adjourned.

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

Footnotes

(a) Supplied from the original Report.