House of Commons Journal Volume 11: 9 November 1696

Lunæ, 9 die Novembris;

Octavo Gulielmi Tertii.

Prayers.

Abuses in Receipt of clipped Monies.

RESOLVED, That a Committee be appointed to examine into the Abuses of Receivers-General, in paying more clipped Monies into the Exchequer than they received from the Collectors; and in not receiving from the Collectors the clipped Monies received by them before the 4th Day of May last; and to report the same to the House:

And it is referred to Sir William Williams, Mr. Blathwaite, Mr. Blake, Mr. Tho. Foley, junior, Lord Wm. Pawlet, Mr. Onslow, Sir Sam. Barnardiston, Sir Wm. Hustler, Sir Gervas Elwes, Mr. Blofeild, Mr. Harley, Mr. Lowther, Mr. Foley, Mr. Baldwyn, Mr. Clark, Mr. Tho. Foley senior, Mr. England, Mr. Bertie, Mr. Fuller, Sir Godfrey Copley, Mr. Nevill, Mr. Fleming, Sir Edward Aiscough, Mr. Farrer, Sir John Mainwaring, Mr. Freke, Mr. Burdet, Sir John Bucknall, Mr. Hobby, Sir Wm. Coriton, Sir Rowland Gwyn, Mr. Pelham, Mr. Mountague, Mr. Manly, Serjeant Bond, Mr. Ash: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And have Power to send for Persons, Papers, and Records.

Supply Bill; Payment of Tallies.

Ordered, That Mr. Speke, Sir Rowland Gwyn, Mr. Yates, Sir Robert Davers, Mr. Manly, Mr. Henley, Sir Gerv. Elwes, Mr. Fuller, Mr. Fleming, Sir Tho. Day, Mr. Bennet, Mr. Gery, Sir Robert Clayton, Mr. Lowndes, Mr. Parker, Mr. Foley, Mr. Gwyn, Sir Tho. Littleton, Lord Cornbury, Mr. Mawdit, Sir Wm. Hustler, Sir Wm. Lowther, be added to the Committee, to whom the Bill to explain that Part of the Act, lately passed, for laying several Duties on low Wines, and Spirits of the first Extraction; and for preventing the Frauds and Abuses of Brewers, Distillers, and other Persons chargeable with the Duties of Excise; which relates to the Payment of Tallies, and the Interest thereof; is committed.

Defaulters to Call of the House.

The Names of the Members who made Default to appear, on Monday last, upon the Call of the House, were, according to Order, called over again: And some were excused upon account of Sickness; and some few upon account of extraordinary Occasions.

Ordered, That John Mitchell Esquire be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That John Tredenham Esquire be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That Thomas Preston Esquire be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That Sir Scroop How Baronet be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

Ordered, That William Foster Esquire be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament.

The Question being put, That Sir Thomas Stanley be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament;

It passed in the Negative.

The Question being put, That the Lord Viscount Lisburne be sent for in Custody of the Serjeant at Arms attending this House, for absenting himself from his Service in Parliament;

It passed in the Negative.

Security for Loan.

Resolved, That whatsoever Loans, not exceeding the Sum of 600,000 l. shall be lent upon the Credit of the Exchequer in general, for the Use of the Fleet and Army, and Payment of Quarters in England, shall be transferred to the next Aids to be granted this Sessions of Parliament.

Privilege of Members in a Suit.

The Lord Cornbury, and Sir Joseph Williamson, attending in their Places, according to Order;

The Petition of Mary Strode Widow, and Executrix of Colonel John Strode, deceased, was read; setting forth, That Charles late Duke of Richmond and Lenox deceased, being indebted to the Petitioner's said Husband and others, devised his real and personal Estate for Payment of his Debts; and afterwards, to the Lady Katharine Obryan: That a Decree in Chancery was passed, by Consent, for Payment of the said Duke's Creditors, upon proving their Debts before a Master: And, in 1672, the said John Strode proceeded to prove his Debt; but the late Lord Obryan, being a Member of Parliament, insisted on his Privilege till his Death: And since, Sir Joseph Williamson having married the said Lady Obryan, and the Lord Cornbury having married her Daughter, the Heir-apparent of the Lord Obryan, they have all along been privileged by Parliament, which they would not wave: That, in 1694, there being some Interval of Privilege, the Petitioner proceeded on the said Account, and obtained a Report for 2,286 l. 18s. 4d.; to which Report the Lord Cornbury had filed Exceptions; and, Privilege then coming in, the Petitioner could proceed no further: That Sir Joseph having paid off some of the Creditors, hath gotten into Possession of the said Duke's Estate; and he and the Lord Cornbury have obtained an Order for Sale of the same; whereby they will become Purchasers thereof; and stand upon their Privilege; by which means the Petitioner hath been kept out of her just Debt above 20 Years, and is now like to be deprived of the Provision, made by the said Duke, for Payment of it: And praying, That the House will order the said Lord Cornbury, and Sir Joseph Williamson, to wave their Privileges in the Matter aforesaid, that the Petitioner may be at Liberty to proceed according to Law, for Recovery of her just Debt.

Ordered, That the Petitioner be at Liberty to proceed to prove her Debt, notwithstanding the Privilege of this House, by the Consent of the Lord Cornbury, and Sir Joseph Williamson.

Privilege of Members.

Resolved, That a Committee be appointed to consider of the Privileges of the Members of this House; and likewise how the same may be least burdensome to the People; and to report their Opinions therein to the House:

And it is referred to Sir Richard Onslow, Sir Wm. Williams, Sir Joseph Williamson, Sir Godfrey Copley, Mr. Pelham, Sir Edward Seymour, Mr. Molesworth, Mr. Pocklington, Mr. Palmes, Mr. Foley, Mr. Sloane, Mr. Clarke, Sir Fran. Winington, Marquis Hartington, Mr. How, Mr. Brotherton, Marquis Winton, Mr. Winington, Mr. Henley, Mr. Harrison, Mr. Smith, Sir John Barrington, Sir Sam. Barnardiston, Mr. Price, Mr. Harley, Mr. Burrington, Mr. Manley, Sir Rowland Gwyn, Sir Tho. Barnardiston, Sir Wm. St. Quintin, Sir Gerv. Elwes, Sir Wm. Lowther, Sir Fra. Masham, Mr. Gwynn, Sir Tho. Pope Blount, Mr. Lowther, Lord Pawlet, Mr. Norris, Mr. Travers, Mr. Harvey, Mr. Bickerstaffe, Colonel Perrey, Mr. England, Sir Math. Andrewes, Mr. Smith, Lord Walden, Mr. Burdett, Lord Spencer, Mr. Carey, Sir John Elwill, Mr. Fuller, Sir John Kay, Mr. Methwyn, Mr. Onslow: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Privilege.

A Complaint being made to the House, That the Under Sheriff of the County of Lincolne had taken Possession of an Estate of Sir Robert Dashwood, Knight and Baronet, a Member of this House, in Breach of the Privilege of this House;

Ordered, That the Consideration of the said Complaint be referred to the Committee of Privileges and Elections: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Fenwick's Attainder.

Mr. Solicitor-General, according to Order, presented to the House a Bill for attainting Sir John Fenwick, Baronet of High Treason: And the same was received.

The Bill was read the First time.

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

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ordered, That the Bill be read a Second time upon Friday Morning next.

Ordered, That a Copy of the Bill, and of the said Order, be forthwith sent to Sir John Fenwick, and delivered by the Serjeant at Arms attending this House.

Ordered, That Mr. Attorney-General, and Mr. Solicitor-General, do take care, that the Evidence against Sir John Fenwick be ready to be produced to this House upon Friday Morning next.

Ordered, That Mr. Vernon do then produce a Letter, written by Sir John Fenwick, of which he did, on Friday last, inform this House.

Ordered, That Sir John Fenwick be allowed Pen, Ink, and Paper.

A Member committed for words spoken.

Mr. Manly, a Member of this House, in a Debate relating to the Proceedings of this House against Sir John Fenwick, standing up in his Place, and speaking these Words; viz. "It would not be the first time that People have repented their making their Court to the Government, at the Hazard of the Liberties of the People;" which were directed, by the House, to be set down, in Writing at the Table;

And the said Mr. Manley endeavouring to excuse himself;

And being called upon to withdraw;

And he being withdrawn accordingly;

And a Debate arising thereupon;

Resolved, That the said John Manley, Esquire, be, for the said Offence, committed to the Tower.

Supply Bill; importing and coining Guineas.

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

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act for the importing and coining Guineas and Half-Guineas, without any Amendment.

And then the Messengers withdrew.

Ways and Means;

Resolved, That this House will, upon Wednesday Morning next, resolve itself into a Committee of the whole House, to consider of Ways and Means for raising the Supply granted to his Majesty, for carrying on the War against France, for the Service of the Year 1697.

Committees.

Ordered, That all Committees be adjourned.

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