House of Commons Journal Volume 11
9 February 1697

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History of Parliament Trust

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1803

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'House of Commons Journal Volume 11: 9 February 1697', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 697-699. URL: http://www.british-history.ac.uk/report.aspx?compid=39393 Date accessed: 23 July 2014.


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Martis, 9 die Februarii;

8° Gulielmi Tertii.

Prayers.

Savile's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act for settling the Estate of Mary Savile, an Infant, upon her Marriage, was read the First time.

Resolved, That the Bill be read a Second time.

Earl of Nottingham's Estate.

An ingrossed Bill, from the Lords, intituled, An Act for the Exchange of certain Advowsons, between the Bishop of London and the Earl of Nottingham, was read the First time.

Resolved, That the Bill be read a Second time.

Goodwyn's Estate.

An ingrossed Bill, from the Lords, intituled, An Act to enable Nicholas Goodwyn the elder, and Nicholas Goodwyn the younger, to sell the Manor of Winslow, in the County of Bucks; and, with the Money arising thereby, and other Monies to be advanced by the said Nicholas Goodwyn the elder, to purchase Lands, of greater yearly Value, to be settled to the same Uses as the said Manor is now settled; was read a Second time.

Resolved, That the Bill be committed to Sir Thomas Dyke, Sir Charles Windham, Mr. Chr. Mountague, Mr. Arnold, Mr. Colt, Mr. Pelham, Mr. Brotherton, Mr. Evelyn, Mr. Brewer, Sir Edward Abney, Mr. Halsey, Mr. Harrison, Mr. Henley, Mr. Tredenham, Mr. Machell, Mr. Thompson, Sir John Bucknall, Mr. Trelawney, Sir Marm. Wyvell, Mr. Bertie, Mr. Bowyer, Mr. Freke, Mr. Hoblyn, Mr. Whitaker, Mr. Monson, Mr. Lambton, Sir Wm. Hustler, Mr. Blofeild, Mr. Morgan, Mr. Bagnold, Mr. Pocklington, Sir Wm. Honywood, Mr. Yates, Sir Richard Onslow, Sir Cha. Carteret, Mr. Osborne, Mr. Thornhagh, Sir John Parsons, Mr. Gery, Colonel Crawford, Mr. Baldwyn, Mr. Mawdit, Colonel Mountague, Mr. Farrer: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Hay-market Paving, &c.

Ordered, That Mr. Chancellor of Exchequer, Sir John Woolstenholm, Mr. Machell, Mr. Roberts, Mr. Morgan, Sir Cha. Keymish, Colonel Crawford, Mr. Mitchell, Mr. Hobby, Sir John Bucknall, Mr. Ash, be added to the Committee, to whom the Bill for paving and regulating the Hay-market, in the Parishes of St. Martin's in the Fields, and St. James, Westminster, is committed.

Returns of Juries.

An ingrossed Bill for Sheriffs to make Returns of Juries till Michaelmas 1697, as they formerly did; and to enforce Clerks of the Peace to make their Return of Freeholders, pursuant to the late Act, for the Ease of Jurors; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to enable the Returns of Juries, as formerly, until the First Day of November 1697.

Ordered, That Sir St. Andrew St. John do carry the Bill to the Lords, and desire their Concurrence thereunto.

Leave of Absence.

Ordered, That Mr. Henry Pelham have Leave to go into the Country, upon extraordinary Occasions.

St. Margaret's, Westminster Church.

A Petition of Part of the Inhabitants of St. Margaret's, Westminster, living in the Town of Kensington, and also of the Inhabitants of Kensington, was presented to the House, and read; setting forth, That the Church of Kensington being very ruinous, and too little for the Inhabitants since his Majesty's Residence there, they were encouraged by the Bounty of the King, and their Royal Highnesses, this Year, to pull down, rebuild, and enlarge, the said Church; for which the Inhabitants are, notwithstanding, considerably indebted; so that they are not able to rebuild the Steeple, which is likely to fall: And praying, That, by the Bill, depending in the House, for completing the building and adorning the Cathedral Church of St. Paul's, London, some Provision may be made towards rebuilding the said Steeple, out of the Duties arising from Coals.

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

Stepney Parish.

A Petition of the Inhabitants of the Hamlet of Spittlefields, in the Parish of Stebonheath, alias Stepney, in the County of Middlesex, on behalf of themselves, and many more of the said Hamlet, was presented to the House, and read; setting forth, That some extra-parochial Persons, not concerned in the said Hamlet, have endeavoured to impose upon the House a false Opinion of the Petitioners; as if but a few of them had joined in the Petition, formerly presented to the House, for some Allowance out of the duties arising by Coals, toward building them a Chapel, and fencing in a Burial-place, which they want: To evince the contrary of which false Suggestion, and that but 14 have opposed the Petitioners, the Subscriptions to the Petition make evident; and that they have no such Chapel, or Burial-place, as can be serviceable to the 20th Part of the Inhabitants: And praying, That the Artifice of such extra-parochial Persons may be no Hindrance of the charitable Consideration of their Petitions.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill for the completing the Building and Adorning of the Cathedral Church of St. Paul's, London, is committed.

St. George the Martyr, Southwark, Church.

A Petition of the Minister, Churchwardens, and other the principal Inhabitants of the Parish of St. George the Martyr, Southwark, in the County of Surrey, was presented to the House, and read; setting forth, That the Church of the said Parish is in a very ruinous Condition; and the said Parish is not able to repair the same; being very much in Debt, and unable to support their Poor, having no Income; and what Repairs have been formerly done were by a Collection of the County, and the Assistance of the Companies of London: That there is a Bill depending in the House, for completing the building and adorning the Cathedral Church of St. Paul's, London: And praying, That a Clause may be inserted in the said Bill, for repairing the said Church, and new-building the Steeple thereof.

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

St. Thomas the Apostle Church.

A Petition of the President, Treasurer, and Governors, of St. Thomas' Hospital, in Southwark, was presented to the House, and read; setting forth, That the ParishChurch of St. Thomas the Apostle, belonging to the said Hospital, is so decayed, that People are afraid to come into it; and the Parishioners are so poor, that they cannot contribute towards the Rebuilding thereof: That the Hospital cannot bear the Charge of the same, having lately been at the Charge of rebuilding the Site of the said Hospital, and keeping the same Number of poor Seamen, and others, during the Building, as before: And praying, That, by the Bill, in the House, for the completing the building and adorning the Cathedral Church of St. Paul's, London, they may be allowed such a Proportion of the Duties that will arise from Coals, as shall be thought meet for rebuilding the Church of the said Hospital.

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

Vexatious Suits.

An ingrossed Bill for the better preventing frivolous Suits was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the better preventing frivolous and vexatious Suits in Law.

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

Highways.

Ordered, That it be an Instruction to the Committee, to whom the Bill to enlarge Highways is committed, That they have Power to receive a Clause, or Clauses, to rectify some Mistakes, and to enforce the Execution of some Clauses, in the Act, made in the 2d Year of the Reign of his Majesty, and the late Queen Mary, for paving and cleansing the Streets in the Cities of London and Westminster, and Suburbs and Liberties thereof, and Out-Parishes, in the County of Middlesex, and in the Borough of Southwark, and other Places in the Weekly Bills of Mortality, in the County of Surrey.

Payment of Bank-Bills.

A Petition of the Mayor, Aldermen, Assistants, and Common-Council, with other chief Traders in the Woollen Manufacture, of his Majesty's ancient Borough of Colchester, in the County of Essex, was presented to the House, and read; setting forth, That the Petitioners, who are great Traders in the Woollen Manufactures, and employ the Poor for 20 Miles round them, have formerly been enabled to maintain themselves and Families; but they are suddenly like to come to extreme Poverty, for want of Money to carry on their Trades, which is occasioned by the Non-payment of Bank-Bills: And praying, That some Ways and Means may be found out to enable the Bank of England to pay their Bills, as formerly they have done.

Ordered, That the said Petition do lie upon the Table.

Repairing Havens.

Mr. Brewer, according to Order, presented to the House a Bill for repairing and making decayed Havens more navigable: And the same was received.

Hay-market Paving, &c.

A Petition of Sir Wm. Roberts Baronet, Thomas Napier Esquire, Richard Bowater, Wm. Attlee, John Marsh, and others, for and on behalf of themselves, and others the Freeholders, and Inhabitants, in the County of Middlesex, was presented to the House, and read; setting forth, That, till 1692, the Hay-market, in St. James Parish, was the common Highway, and then Carts of Hay and Straw stood Toll-free; but in that Year the Street was paved, and, by Act of Parliament then made, a Toll of 6d. and 2d. was laid upon all Carts of Hay and Straw that should come to the said Market; which Act is since expired, and such Carts have ever since stood Toll-free; and, by an Act, made 2° Willielmi & Mariæ, the Inhabitants are to pave and cleanse the said Street: That there is a Bill depending in the House, for repairing, paving, and regulating, the Streets where the Carts of Hay and Straw do stand, commonly called the Haymarket, within the Parishes of St. Martin in the Fields, and St. James, within the Liberty of Westminster, which is to lay a Duty on the Petitioners Carts coming thither; which is a Benefit to the Inhabitants there: And praying, That they may be heard, by their Counsel, against the said Bill, before the same do pass.

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

Hackney Coachmen.

Colonel Wharton reported, from the Committee of Privileges and Elections, to whom the Petition of Thomas Kemp, and others, of the ancient Hackney Coachmen, was referred, the Matter, as it appeared to the said Committee, and the Resolution of the Committee thereupon; 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 read; and is as followeth; viz.

That the Committee appointed a Day for hearing the Petitioners; and accordingly the Petitioners appeared, by their Counsel: Who said, They were not at that time prepared to that Part of the Petition which related to the Bringing in of a Bill; and therefore applied themselves only to speak to that Part of it, which related to Mr. Gee's prosecuting them at Law for their having formerly petitioned the House:

Privilege—Prosecution for petitioning the House.

And, thereupon, the Counsel for the Petitioners insisted, That the said Mr. Gee had arrested the Petitioners for petitioning the House, as set forth in their First Petition; and had declared against them; and therein called the said Petition a scandalous Libel; and the Potitioners had been put to plead to the same; and that the Charges of the Suit amounted to about 10 l.

And the Declaration was produced to the Committee.

And the Petitioners Counsel offered to prove the Proceedings, as suggested: But Mr. Gee did confess, That he had caused the Petitioners to be arrested, as alleged; and that the Declaration was in the Words before mentioned; but said, What was done by him was out of Ignorance, and only to vindicate his own Reputation; and, when he understood it was taken Notice of by this House, he had desisted; and offered to release the said Action; and did say he would not proceed in the same.

That the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Richard Gee Esquire, for prosecuting at Law the Hackney Coachmen for petitioning this House, is guilty of a high Misdemeanor, and Breach of the Privilege of this House.

The said Resolution being read a Second time;

An Amendment was proposed to be made, by leaving out "high Misdemeanor, and:"

And the same was, upon the Question put thereupon, agreed unto by the House.

Resolved, That this House doth agree with the Committee in the said Resolution, so amended, That Richard Gee Esquire, for prosecuting at Law the Hackney Coachmen for petitioning this House, is guilty of a Breach of the Privilege of the House.

Ordered, That the said Mr. Gee be, for the said Breach of Privilege, taken into the Custody of the Serjeant at Arms attending this House.

Letters of Marque.

Sir Rowland Gwynn reported from the Committee, to whom the Petition of several Merchants of London, relating to Letters of Marque, was referred, That they had examined the Matter, and come to several Resolutions; 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 Commissioners of the Admiralty's refusing Letters of Marque to some, and, at the same time, giving them to others, is arbitrary and partial.

Resolved, That it is the Opinion of this Committee, That it will be a great Encouragement to Trade, Annoyance to the Enemy, and Increase of Seamen, that Letters of Marque be granted to all trading Ships for which the same shall be desired.

Resolved, That the said Report be re-committed to the same Committee:

And that Lord Marquis Winton, Marquis Hartington, Mr. Smith, Lord Cavendish, Sir Jos. Williamson, Mr. Pelham, Lord Coninsby, Sir Tho. Littleton, Sir Richard Onslow, Sir Cloudsly Shovell, Mr. Clarke, Sir Fran. Drake, Sir Hen. Colt, Mr. Evelyn, be added to the said Committee.

Ways and Means.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further 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.

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 sat; and directed him to report to the House a Resolution, which they had formerly come to, when the House will please to receive the same.

Ordered, That the said Report be now made.

Sir Thomas Littleton, accordingly, reported the said Resolutions; 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.

Resolved, That it is the Opinion of this Committee, That the Aids, Subsidies, and other Duties, granted to his Majesty by an Act of this Session of Parliament, intituled, An Act for granting an Aid to his Majesty, as well by a Land-Tax, as by several Subsidies, and other Duties, payable for One Year, be estimated and computed at Three Millions, towards the Supply voted to be raised for the Service of the Year 1697.

The said 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 Aids, Subsidies, and other Duties, granted to his Majesty by an Act of this Session of Parliament, intituled, An Act for granting an Aid to his Majesty, as well by a LandTax, as by several Subsidies, and other Duties, payable for One Year, be estimated and computed at Three Millions, towards the Supply voted to be raised for the Service of the Year 1697;

The House divided.

The Noes go forth.

Tellers for the Yeas, Sir William Strickland,
Mr. Bethell,
130.
Tellers for the Noes, Mr. Manley,
Mr. Shackerly:
78.

So it was resolved in the Affirmative.

Sir Thomas Littleton also acquainted the House, That he was directed by the said Committee to move, That they may have Leave to sit again.

Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider further 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.

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