House of Commons Journal Volume 11: 13 March 1696

Veneris, 13 die Martii;

8° Gulielmi Tertii.

Whitchurch Election.

Prayers.

ORDERED, That Mr. Woollaston have Leave to withdraw his Petition, touching the Election for the Borough of Whitchurch, in the County of Southampton.

Barkham's Estate.

Mr. Brewer reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for making good the last Will of Sir William Barkham Baronet, deceased; and vesting of Lands in Trustees, to be sold, for Payment of his Debts, and making Provision for his Children; was committed; the Matter in relation to the said Bill, as it appeared to the Committee upon Examination thereof; and that they had directed him to report the Bill to the House, without any Amendments; and he delivered the same in at the Clerk's Table: Where the said Report of the Matter of Fact was read; and is as followeth; viz:

That Thomas Gilbert, upon Examination, testified, That being sent for to the House of Sir William Barkham upon the 21th Day of December last past, the said Sir William Barkham did then require him to write his Will for him; which he did: And after he had written the same, according to the Direction of, and as the said Sir William Barkham dictated to him, the said Sir Wm. Barkham desired him to call in Robert Walpoole Esquire who was then in the next Room; which accordingly he did: And then, in the Presence and Hearing of the said Mr. Walpoole, and the Testator, he read over the Will; upon which the Testator declared, in both their Presence, That the Will was according to his Direction; and approved of it as his Will: Which Will is the same as now read to him: And then the said Thomas Gilbert told the Testator, That there were Three Witnesses in the next Room; if he pleased to execute his Will, he would call them in; to which the Testator answered, Ay, or Yes: And, accordingly, the Testator raised himself up in his Bed, with little Assistance; and the Will was laid on a Book before him, to sign; but so soon as he was up, and the Pen in his Hand to write his Name, his Spirits sunk, and he fell into a Slumber; in which he continued about Three Hours and then died:

He further said, That the Testator while he lay in his Bed, and when he dictated his Will, and approved of it after it was read, he was of good Understanding, and disposing Memory:

And says, That he has been long acquainted with the Testator, and his Family; and well knows the Condition and Circumstances thereof; and verily believes, That the Will, if performed, will be much for their Advantage; and if not allowed a good Will the Family will be in a miserable Condition.

Colonel Robert Walpoole, who is a Trustee, and of Kindred to the Testator, declared to the same Effect: And further, That if the Act do not pass, and if the Lady Barkham should have a Son, that Son will be in a worse Condition than if it do pass; by reason the Term for Years, in about 700 l. per Ann. of the Norfolk Estate, does not attend the Inheritance; but is a Term in gross; and will belong to the personal Estate; and must be sold for Payment of Debts, unless this Bill pass: And the Estate in London and Middlesex is not worth above 300 l. per Ann. and is now charged with Incumbrances of about 2,000 l.: But the Norfolk Estate, which by this means is intended to be preserved for the Son, will be near 1,500 l. per Annum.

That John Bowns said, That he heard the Testator own, and approve of, the Will; and took the Pen in his Hand to sign it; but, striving to raise himself up beyond his Strength, fell into a Slumber, and died before he signed it.

That Mr. Lewis said to the same Effect.

Mr. Fowkes said, He had, for many Years, been a Counsel for, and made several Settlements of the Estate of, Sir Edward and Sir William Barkham: And that this Bill would be much for the Advantage of the Family; and particularly of the Son, if any shall be born; and for the Preservation of the ancient Norfolk Estate in the Family, which was left incumbered by Sir Edward Barkham in above 11,000 l.; which Sir William Barkham, the Testator, before his Death, had cleared all off, except 4,000 l. with which the same is yet chargeable.

That the Will, and the several Deeds mentioned in the Bill, were read; and were to the Effect as in the Bill mentioned:

And that the Consent of the Trustees and Parties interested in the Estate appeared to the Committee.

A Motion being made, and the Question being put, That the Bill be now read the Third time;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

The Bill was read the Third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Brewer do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same without any Amendments.

Tavistock Election.

Colonel Granville reported, from the Committee of Privileges and Elections, the Matter touching the Election for the Borough of Tavistock, in the County of Devon, 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 Ambrose Manaton Esquire, complaining of an undue Election of the Lord James Russell for the Borough of Tavistock:

The Committee appointed a Day for the Hearing of the Matter of that Petition.

That, for Mr. Manaton, to prove the Right of Election, was produced, as a Witness,

John Bourne: Who said, He had known Tavistock ever since the Restoration of King Charles the Second; and had been at Seven or Eight Elections; and that the Right of Electing was always in the Freeholders of Inheritance in Possession inhabiting within the said Borough.

That he also produced a Poll, which, he said, he took by Order of the Portreve; by which

Against this Matter of Fact,

The Lord James Russell did not think fit to make any Defence: So the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the Borough of Tavistock, in the County of Devon, is in the Freeholders of Inheritance in Possession, inhabiting within the said Borough.

Resolved, That it is the Opinion of this Committee, That the Lord James Russell is not duly elected a Burgess to serve in this present Parliament for the said Borough of Tavistock.

Resolved, That it is the Opinion of this Committee, That Ambrose Manaton Esquire is duly elected a Burgess to serve in this present Parliament for the said Borough of Tavistock.

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

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, to amend the said Return.

Servants Wages.

Sir Henry Dutton Colt reported from the Committee, to whom the Bill for the more easy Recovery of Servants Wages was committed, That they had made several Amendments to the 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 were once read; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

A Clause was offered to be added to the Bill, That al Persons stealing Fruit, Turneps, or other Roots, being convicted before a Justice of Peace, shall make such Satisfaction for the same as such Justice shall appoint; and, in case of Insufficiency, or Refusal, to commit the Offender to the House of Correction:

And the same was once read:

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

It passed in the Negative.

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

A Message from the Lords, by Sir Miles Cooke and Mr. Meredeth:

Mr. Speaker,

Bristol Waterworks.

The Lords have agreed to the Bill, intituled, An Act for the better supplying the City of Bristoll with fresh Water, without any Amendments: And also,

Rotherhith Dock.

To the Bill, intituled, An Act to enable Trustees to raise Money for the making a wet Dock, and improving the Estate of the Marquis and Marchioness of Tavistock, at Rotherhith, in the County of Surrey, without any Amendments.

And then the Messengers withdrew.

An ingrossed Bill, That the solemn Affirmation, or

Quakers Affirmation.

Denial of the People called Quakers, may be accepted instead of an Oath, was read the Third time.

And the Question being put, That the Bill do pass;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ordered, That the Title be, An Act, That the solemn Affirmation and Declaration of the People called Quakers shall be instead of an Oath.

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

East India Stock and Debts.

The House, according to the Order of Yesterday, proceeded to the Nominating of the Committee to audite and state the East India Company's Account presented to the House:

Resolved, That the Number of the said Committee be Seven.

And thereupon were nominated Sir Herbert Crofts, Mr. Norris, Mr. Chadwick, and Sir Eliab Harvey.

And a Motion being made, and the Question being put, That Sir William Scawen be One of the said Committee;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Then were nominated, Sir Godfrey Copley, and Mr. Tayler.

And the said Names being called over; and Mr. Tayler not being in the House;

The House proceeded to nominate another in his stead; viz. Mr. Robert Henley.

Ordered, That the said Committee, or any Four of them, have Power to send for Persons, Papers, and Records; and to sit at such Times and Places as they shall think fit, notwithstanding the Sitting of the House.

Leave of Absence.

Ordered, That Mr. Trye have Leave to go into the Country, for Recovery of his Health.

Ordered, That Mr. Edward Vaugham have Leave to go into the Country, upon extraordinary Occasions.

Halfpence and Farthings.

Ordered, That the Report from the Committee, to whom the Matter of the Complaints, touching the Halfpence and Farthings, was referred, be made upon Monday Morning next.

Civil List.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of a Motion, made upon Wednesday last, for a Supply to be granted to his Majesty, for defraying the Expences of the Civil List, for the Year 1696; and for Relief of the poor French Protestants.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had come to several Resolutions; which they had directed him to report, when the House will please to receive the same.

Ordered, That the said Report be made To-morrow Morning.

Bringing Plate to be coined.

Mr. Smith, according to the Order of the Day, reported from the Committee of the whole House, to whom the Bill for the encouraging the bringing in of Plate, to be coined, 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 the First time.

Ordered, That the further Consideration of the said Report be adjourned till To-morrow, Twelve a Clock.

Supply Bill; House Duty.

Ordered, That the Report from the Committee of the whole House, to whom the Bill for granting several Rates, or Duties upon Houses, for making good the Deficiency of the clipped Money, be made upon Monday Morning.

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