House of Commons Journal Volume 12: 19 April 1698

Martis, 19 die Aprilis;

Decimo Gulielmi Tertii.

Prayers.

Windham's Estate.

A BILL for enabling Trustees to make Leases, and grant Copies, and receive the Rents and Profits, of the Estates late of Sir Edward Windham Baronet, deceased, and Hopton Windham Esquire, deceased, during the Minority of Sir William Windham Baronet, for the Intents and Purposes therein mentioned, was, according to Order, read the Second time.

Resolved, That the Bill be committed to Colonel Granville, Major-General Erle, Lord Digby, Mr. Boscawen, Sir Fran. Windham, Mr. Etterick, Sir Marm. Wyvell, Sir Robert Cotton, Mr. Lampton, Sir Tho. Day, Mr. Gery, Sir John Phillips, Sir John Lewson Gower, Mr. Evelyn, Mr. Baldwyn, Sir Jacob Ashley, Mr. Mountstevens, Mr. Manly, Mr. Shackerly, Sir Robert Burdett, Mr. Trelawny, Mr. Mawdit, Mr. Berty, Sir Henry Colt, Mr. Foley, Mr. Mountague, Mr. Morgan, Sir Tho. Dyke, Mr. Granville, Sir Ch. Windham, Sir Matth. Andrews, Sir Henry Gough, Lord Hyde, Sir Edward Abny, Sir Edward Ernly, Mr. Colt, Mr. Thompson, Mr. Hedger, Mr. Bridges, Mr. Cornwallis, Sir Richard Onslow, Sir John Ellwell, Sir John Kay, Mr. Brotherton, Mr. Bromley; and all that serve for the Counties of Devon, Dorsett, Cornwall, and Somersett: And they are to meet this Afternoon at at Five a Clock, in the Speaker's Chamber.

Lewen's Estate.

Mr. Bromly, according to Order, presented to the House a Bill to rectify some Mistakes in an Act, passed this Session of Parliament, intituled, An Act to enable John Lewen to sell certain Messuages in Southwark, for Payment of Debts: And the same was received.

Earl of Gainsborough's Estate.

An ingrossed Bill, from the Lords, intituled, An Act for vesting Lands in Trustees, to be sold, for Payment of the Debts of Wriothesly Baptist late Earl of Gainsborough, deceased, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Lord Digby, Mr. Brotherton, Colonel Granville, Mr. Sherrard, Sir John Kay, Mr. Bromly, Major-General Erle, Mr. Stockdale, Sir John Lewson Gower, Sir Henry Goff, Sir Robert Burdet, Sir Matth. Andrews, Mr. Berty, Mr. Etterick, Sir Ch. Windham, Mr. Baldwyn, Sir Fran. Windham, Mr. Bridges, Sir Tho. Roberts, Mr. Bohun, Mr. Fleming, Mr. Phillips, Mr. Boscawen, Sir John Phillips, Lord Coningsby, Sir Henry Colt, Mr. Ashly, Sir Edward Abny, Sir Scroop How, Sir Jacob Ashly, Sir William York, Sir Wm. St Quintin, Sir Edward Ernly, Mr. Mountstevens; and all that serve for the Counties of Nottingham, Lincolne, York, and Rutland: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Ordered, That * * * *.

Bishop of Winchester's Leasing.

An ingrossed Bill, from the Lords, intituled, An Act for confirming a Lease granted by the Lord Bishop of Winchester, of a Parcel of Waste-Ground in Alverstock, in the County of Southamptan, for the erecting of Waterworks there, and for improving the same, was read a Second time.

Resolved, That the Bill be committed to Sir Matth. Andrews, Mr. Pocklington, Sir Henry Colt, Mr. Farrer, Mr. Vincent, Colonel Gibson, Mr. England, Mr. Mounstevens, Sir Isaac Ashley, Mr. Phillips, Sir John Ellwell, Mr. Hedger, Mr. Boscawen, Sir Charles Windham, Dr. Oxenden, Mr. Pendarvis, Mr. Arnold, Mr. Cooper, Sir Edward Abney, Sir John Bucknall, Sir Joseph Tyly, Sir John Woolstenholm, Mr. Travers, Mr. Lampton Mr. Foley, Sir Thomas Day, Mr. Berty, Mr. Mountague, Mr. Ashley, Mr. Morgan, Mr. Trelawney, Sir Samuel Barnardiston, Mr. Coniers, Mr. Rudge, Mr. Harley, Mr. Bohun, Mr. Lewis, Mr. Edgerton, Colonel Perry, Mr. * *, Sir John Fleet, Sir John Banks, Sir Stephen Evans, Mr. England, Mr. Fuller, Mr. Bridges, Sir John Bolls; and all that serve for the County of Southampton: And they are to meet this Afternoon at Five of the Clock, in the Speaker's Chamber.

Committees.

Ordered, That all Committees be revived.

Copper Coinage.

A Petition of the Shopkeepers, Butchers, Bakers, Innholders, and Retailers in general, of the ancient Borough of Tamworth, in the Counties of Warwick and Stafford, was presented to the House, and read; setting forth, That they having sustained a great Loss by the White Halfpence and Farthings lying on their Hands unexchanged: and praying a Stop may be put to the great Increase of Copper Halfpence and Farthings.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Grocers, Cheesemongers, Mealmen, Bakers, Victualers, Market-people, and Retailers in general of the Borough of Southwark, is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Recovery of Wages.

A Bill for the better Recovery of Wages due to Servants, Seamen, and Miners, was read a Second time.

Resolved, That the Bill be committed to Mr. Boscawen, Sir Fran. Windham, Lord Conningsby, Mr. Norris, Mr. Mountstevens, Mr. Bohun, Dr. Oxenden, Mr. Pelham, Serjeant Bond, Mr. Mawdit, Sir Cha. Windham, Mr. Arnold, Mr. Brotherton, Sir John Bucknall, Sir Henry Gough, Sir John Wolstenholme, Sir John Kay, Mr. Dolben, Mr. Machell, Mr. Cooper, Sir Tho. Day, Sir Jacob Ashly, Sir Samuel Barnardiston, Mr. Baldwyn, Mr. Crawford, Sir Robert Burdet, Mr. Farrer, Mr. Philips, Sir Walter Young, Mr. Duke, Mr. Pocklington, Mr. Colt, Sir Henry Colt, Sir Cha. Sedly, Mr. Bulkly, Mr. Osborne, Sir Edward Hungerford, Sir Samuel Barnardiston, Mr. Bridges, Mr. Yates, Mr. Bromly, Mr. Perry, Mr. Clerk; and all that serve for Sea-Port Towns: and all the Members, that are Merchants, of this House, and that are of the Long Robe: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Privilege.

Mr. Norris reported from the Committee of Privileges and Elections, to whom was referred the Examination of the Matter of the Complaint against Richard Turner, Receiver of the Taxes for the last Year, That although he had received, and given a Discharge in full for, the Taxes due from Sir Henry Gough, a Member of this House; yet he had distrained the Goods of Sir Henry Gough for the same, in Breach of the Privilege of this House; the Matter, as it appeared to the said Committee; and the Resolution of the Committee thereupon; 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 Friday 15th March instant, for hearing the Matter of the said Complaint; and ordered Richard Turner to be summoned, then to attend them: And it appeared to the Committee, That the said Richard Turner had been duly summoned, and that he was seen in Town the said Friday in the Morning; but, when the Committee met in the Afternoon, to examine that Matter, the said Richard Turner did not attend.

Edward Hopkins said, That Richard Turner owned he had distrained Sir Henry Gough's Cattle; and said, It was for the Land-Tax, because he would not pay it himself.

Thereupon, the Committee examined William Sawyer, a Servant to Sir Henry Gough; who testified, That he had, by Sir Henry Gough's Order, paid several Sums of Money, upon Account of the last Land-Tax, which the said Richard Turner had received, or at least was present when the same was paid, and gave a Receipt for: And Two Receipts was produced to the Committee; one of the 27th of May 1697, by which the said Richard Turner acknowledged to have received of Sir Henry Gough, by the Hands of William Sawyer, the Sum of 16l. 5s. for Three Quarters of the Tax; the other Receipt was of the 27th October 1697, for 4l. 4s. 8d. in full for Capitation and Stock, and said to be for the last quarterly Payment; both which Receipts were signed by the said Richard Turner.

That thereupon the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Richard Turner is guilty of a Breach of Privilege, in distraining the Cattle of Sir Henry Gough, upon Pretence of Money due for Taxes which he had before paid, and for which the said Richard Turner had given, to the said Sir Henry Gough, a Receipt in full.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Richard Turner is guilty of a Breach of Privilege, in distraining the Cattle of Sir Henry Gough, upon Pretence of Money due for Taxes which he had before paid, and for which the said Richard Turner had given, to the said Sir Henry Gough a Receipt in full.

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

Merchandize not to be imported in King's Ships.

Mr. Arnold, according to Order, presented to the House, a Bill against the King's Ships carrying Merchants Goods: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Leave of Absence.

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

Ordered, That Sir Robert Dashwood have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Sir Robert Jenkinson have Leave to go into the Country, upon extraordinary Occasions.

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

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

Army Arrears.

Ordered, That the Consideration of the Petition of John Hackwell, and others, Soldiers, be transferred from the Committee, to whom the same was referred, to the Committee, to whom the Petition of the Soldiers of Colonel Langston's Regiment is referred.

Duty on Malt.

Mr. Clarke, according to Order, presented to the House an Account of the gross Produce of the Duty upon Malt.

And the same was read; and is as followeth; viz.

Excise-Office, London,

D. Lawrance.

Ordered, That the said Account do lie upon the Table, to be perused by the Members of the House.

Regulating Elections.

Mr. Cowper, according to the Order of the Day, reported, from the Committee of the whole House, to whom the Bill for the further regulating Elections of Members to serve in Parliament was committed, the Amendments made by the Committee to the said Bill; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and upon the Question severally put thereupon, all of them, but Clause A, agreed unto by the House.

Clause A being read a Second time; the same was amended by the House: And the same being, That all Persons, who now have Power to grant Freedoms or Burgesships in Cities, Boroughs, and Towns Corporate, may, notwithstanding this Act; create a Burgess, being a natural-born Subject of this Realm, and inhabiting in the County, or within Five Miles of such Borough, and having an Estate in Possession, or Remainder, of the yearly Value of Two hundred Pounds;

The Question was put, That the House do agree with the Committee in the said Amendment, so amended:

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

A Clause was offered to be added to the Bill, That * * * *:

And the same was twice read, and amended; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

Another Clause was offered to be added to the Bill, That nothing should be construed to extend to make void the Election of any Person, duly chosen a Member, by reason of his ordinary Expence or Hospitality in his Dwelling-house:

And the same was once read:

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

It passed in the Negative.

Another Clause was offered to be added to the Bill, That all Elections of honorary Members or Burgesses of Cities, Boroughs, or Towns Corporate, shall be void, unless made on the Day of Election of the Mayor, or other chief Magistrate, in open Court, the Majority of all who have a Right to vote concurring therein.

And the same was once read:

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

The House divided.

The Yeas go forth.

So it passed in the Negative.

Then a Motion being made, and the Question being put, That the Bill, with the Amendments, be ingrossed;

It passed in the Negative.

Foreign Lustrings.

Ordered, That the Consideration of the Report from the Committee, to whom the Petition of the Royal Lustring Company was referred, be further adjourned till To-morrow Morning.

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