House of Commons Journal Volume 12
3 May 1698

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History of Parliament Trust

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1803

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'House of Commons Journal Volume 12: 3 May 1698', Journal of the House of Commons: volume 12: 1697-1699 (1803), pp. 250-252. URL: http://www.british-history.ac.uk/report.aspx?compid=39618 Date accessed: 30 September 2014.


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Martis, 3 die Maii;

Decimo Gulielmi.

Prayers.

Colchester Chanel.

THE House took into Consideration the Amendment, made by the Lords, to the Bill intituled, An Act for cleansing, and making navigable, the Chanel from the Hythe at Colchester, to Wivenhoo:

And the same, being twice read, is as followeth; viz.

"Provided always, That nothing herein contained shall be construed or deemed to prohibit the Lading or Unlading of any Goods, at or from the late-erected Wharf of Giles Sayer, in the Parish of Saint Gyles, in Colchester; but that the same be and continue subject to the Laws now in being, in like manner as if this Act had never been made or provided:"

An Amendment was proposed to be made, by adding "except as to the Duties by this Act imposed, according to the true Intent and Meaning thereof; and such Remedy for Recovery thereof, as by this Act is provided:"

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

Resolved, That the House doth agree with the Lords in the said Amendment, so amended.

Ordered, That Sir Isaac Rebow do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendment, with an Amendment: To which they desire their Lordships Concurrence.

Committees.

Ordered, That all Committees be revived.

Duties on Leather.

Sir Henry Colt reported, from the Committee, to whom the Petition of the Aldermen, Stewards, and Company of Fellmongers, Leather-dressers, and Glovers, in the City of Chester, was referred, the Matter, as it appeared upon the several Petitions to them referred, and the Resolutions of the Committee thereupon; 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 read; and are as follow; viz.

That it appeared to the Committee, upon the hearing the Petitioners, That the Collar-makers, Glovers, Bridle-cutters, and others, who taw or make Leather in Oil, Alum, or Salt, and who cut and make the Leather, they so make, into Wares, have ever used, in the Way and Practice of their Trade to sell some of their Leather, they so make, in Skins, not first cut and made into Wares; but that, by this Act of Parliament, they are restrained from so doing, under great Penalties to the very great Damage and Loss of the said Traders.

That it appeared to the Committee, upon the hearing the Petitioners, That the Collar-makers, Glovers, Bridlecutters, and others, who taw or make Leather in Oil, Alum or Salt, cannot safely make Oath, as by this Act of Parliament they are required to do, of the true Value of the Leather by them respectively made, without Danger of perjuring themselves; by reason they buy their Skins and Pelts in divers Markets, where the Prices of Leather do frequently rise and fall.

That it appeared to the Committee, That the Persons who export the Manufactures of Leather are not always the Persons who pay the Duty for the same; but buy the Commodities, after the Duty paid, of the several Manufacturers: By which means, upon Exportation, they cannot make Oath, that the Duty is paid; for not doing whereof, they have not the Benefit of the Drawback; and therefore cannot export their Manufactures, as formerly; and thereby in Danger of the losing of that Trade to Scotland and Ireland, if not timely prevented.

Resolved, That it is the Opinion of this Committee, That the Complaints and Scruples made by the Collarmakers, Glovers, Bridle-cutters, and others, who taw and make Leather in Oil, Alum, or Salt, against the Oath, which, by virtue of this Act of Parliament, they are required to make, of the true Value of the Leather by them respectively made, are just and reasonable; and that they cannot take the said Oath, without Danger of Perjury; and that they ought to be relieved therein: Which, the Committee are of Opinion, may be done, by subjecting them to the same Rules and Methods the Tanners are now obliged to by the Act, in case of defrauding the King, by their registring the Leather at an Under-value.

Resolved, That it is the Opinion of this Committee, That the restraining the Collar-makers, Glovers, Bridlecutters, and others, who taw and make Leather in Oil, Alum, or Salt, by this Act of Parliament, from selling the Leather, made by them, in Skins, not made or cut into Wares, is greatly inconvenient, and injurious to their Trade; and that some Ease and Relief ought to be given them therein: Which, the Committee are of Opinion, may be done by subjecting them to the same Rules and Methods of taking out Permits or Certificates, from the respective Officers, and registring of their Leather in the manner the Tanners are now obliged to by the Act.

Resolved, That it is the Opinion of this Committee, That the Oath to be taken upon the Drawback, cannot be safely taken by the Exporters of the said Manufactures; and therefore they ought to be relieved therein.

Ordered, That the further Consideration of the said Report be adjourned until To-morrow Morning, Eleven a Clock.

Kingston upon Hull Work-houses.

A Bill for erecting Work-houses, and Houses of Correction, in the Town of Kingston upon Hull, for the Employment and Maintenance of the Poor there, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Colonel Osborne, Sir John Kaye, Sir Wm. St. Quintin, Mr. Mounstevens, Mr. Bertie, Sir Edward Seaward, Sir H. Dutton Colt, Mr. Morgan, Sir Fran. Massam, Sir William Lowther, Sir Isaac Rebow, Mr. England, Sir Joseph Tyley, Mr. Yates, Sir Wm. Honywood, Mr. Pudsey, Sir Wm. Ashurst, Mr. Harcourt, Sir John Bolls, Mr. Colt, Mr. Taylor, Mr. Bridges, Mr. Hore, Mr. Ryder, Mr. Duke, Sir Scroope Howe, Mr. Howe, Mr. Hedger, Mr. Maudit: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Reneu's, &c. Nat.

A Bill to naturalize Hilary Reneu, Margaret Reneu, Peter Reneu, and Mary Lasseur, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Sir William Ashurst, Mr. Hore, Mr. Yates, Mr. Duke, Sir Wm. Lowther, Sir Francis Massam, Mr. Granville, Sir Scroop How, Mr. Clarke, Mr. Morgan, Mr. Taylor, Mr. Boscawen, Sir Matth. Andrews, Sir Henry Colt, Sir Rowland Gwyn, Mr. Foley, Mr. Colt, Mr. Yorke, Colonel Osborne, Mr. Harrison, Sir Walter Young, Sir John Bolls, Mr. Arnold, Sir Isaac Rebow, Mr. Lampton, Mr. Perry, Mr. Speake, Sir Ralph Dutton, Mr. Machell, Mr. Gardner, Sir Robert Cotton, Mr. Philips: And they are to meet this Afternoon, in the Speaker's Chambers, at Five of the Clock.

Marshal of King's Bench.

Mr. Harrison reported from the Committee, to whom the Petition of Thomas Sevear, Gentleman, was referred, 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 were read; and are as follow; viz.

That it appeared to the Committee, as by the said Petition is set forth, That by Articles, bearing Date the 25th of November 1684, that William Lenthall Esquire, in Consideration of the Sum of 45 l. did covenant to grant and convey, unto the said Petitioner, all that the Office of Marshal of the Marshalsea of the King's Bench, with the Prison and Perquisites thereunto belonging, to him and his Assigns, for the Term of his Life, to commence from the Death, Surrender, Forfeiture, or other Determination, of a former Grant of the said Office, made to one Henry Glover by the said William Lenthall Esquire: That the said Petitioner, by the said Articles, was obliged to pay the yearly Rent of 1,600 l. by quarterly Payments; and, for the securing whereof, the Petioner was to give Ten Statutes, in 1,000 l. each Statute: And that in pursuance of the said Articles the said William Lenthall did receive of the Petitioner, at the Sealing of the said Articles; the said Sum of 45 l. being the Consideration-money therein mentioned; as also, at several other times, several other Sums, amounting in the Whole, to the Sum of 207 l. 5s; which was in Part of the first quarterly Payment.

That the said Henry Glover's Grant being determined; and the Petitioner being with-held from the Benefit of the said Agreement, by the said Mr. Lenthall's refusing to execute a Lease of the said Office, according to the said Articles the Petitioner, in April 1694; exhibited his Bill in the Court of Chancery, against the said Mr. Lenthall, Mr. Brigges, then Marshal, and others, to have the Performance and Execution of the said Articles decreed to him: Upon the Hearing of which Cause, the said Mr. Briggs's Counsel did insist, That these Articles could not be binding on him, because he had no Notice of them at the time of his taking a Lease of the said Office; and thereupon the Court did direct a Tryal at Law, upon this Issue, Whether Briggs had Notice of the Petitioner's said Articles, or not, before he had taken a Lease of the said Office; and thereupon the Petitioner obtained a Verdict against Briggs, That he had due Notice accordingly.

That, during the time the said Issue was trying at Law, an Act did pass, the last Sessions of Parliament, intituled, An Act for the more effectual Relief of Creditors in Cases of Escapes; and for preventing Abuses in Prisons, and pretended privileged Places: In which Act there is a Clause to this Effect; viz. That all and every Deputation or Deputations, Grant or Grants, at any time heretofore made or executed by William Lenthall Esquire, of the Office of Marshal of the Marshalsea of the said Court of King's Bench, is and are thereby declared void, and of none Effect; of which the Petitioner declared he had no Notice: And that after the said Tryal had, and Verdict, for the Petitioner, as aforesaid, and he coming back to the said Court of Chancery for Relief on the said Verdict, according to the Order of the said Court, the said Mr. Briggs, by his Counsel, did insist, That the Court could not relieve the Petitioner, by reason of the said Clause; and thereupon his Bill was dismissed; and thereby is totally deprived of the Benefit of the said Articles by the said Clause.

And it appearing to the Committee, upon the Examination of James Hootton, a Clerk of the Court of King's Bench, and John Stanley, Attornies and Solicitors in the Cause, That it had cost him at least 3,000 l. in prosecuting the same, both in Equity, and at common Law; and there being no Saving of the Petitioner's Right by the said Act; the Committee came to the Resolutions following; viz.

Resolved, That it is the Opinion of this Committee, That the Petitioner hath made good the Allegations of his Petition.

Resolved, That it is the Opinion of this Committee, That the said Petitioner ought to be relieved, according to the Prayer of his said Petition.

Ordered, That the further Consideration of the said Report be adjourned until Friday Morning next.

Supply Bill; Duties on Coffee, &c.

A Bill for continuing the Duties upon Coffee, Tea, Chocolate, and Spices, was read a Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

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

Recovery of Wages.

Sir Walter Young reported from the Committee, to whom the Bill for the better Recovery of Wages due to Servants, Seamen, and Miners, was committed, That they had made several Amendments to the 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 one which was disagreed, were agreed unto by the House.

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

The House divided.

The Yeas go forth.

Tellers for the Yeas, Sir Walter Young,
Sir Henry Colt:
69.
Tellers for the Noes, Sir Henry Goff,
Mr. Poltny:
85.

So it passed in the Negative.

Leave of Absence.

Ordered, That Sir St. Andrew St. John have Leave to go into the Country, for Recovery of his Health.

Supply Bill; Lottery Tickets.

A Bill for the better and more orderly Payment of the Lottery-Tickets, now payable, out of certain additional Duties of Excise, was read a Second time.

Resolved, That the Bill be committed to Mr. Lowndes, Sir Marm. Wyoell, Sir John Elwell, Mr. Bowyer, Mr. Culliford, Sir Justin. Isham, Sir Christopher Musgrave, Mr. Serjeant Bond, Sir Samuel Barnardiston, Mr. Cox, Mr. Howe, Sir Henry Hobart, Mr. Lampton, Mr. Boyle, Mr. Bertie, Mr. Lowther, Mr. Stonehouse, Mr. Osborne, Mr. Hore, Sir Edward Seaward, Mr. Yates, Sir John Kay, Mr. Bridges, Mr. Maudit, Mr. Pagit, Colonel Osborne, Mr. Foley, Mr. Aislaby, Mr. Morgan, Mr. Pudsey, Mr. Phillips: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Ordered, That the Consideration of the Petition of several Persons, on behalf of themselves and others, the Contributors and Proprietors of Annuities on the TonageDuties, presented to the House Yesterday, be referred to the said Committee.

Supply Bill; Duty on Coals.

An ingrossed Bill for granting to his Majesty certain Duties upon Coals and Culm was read the Third time.

An ingrossed Clause was offered, as a Rider, to excuse One hundred Chaldron of Coals, payable yearly by the Town of Newcastle to Chelsea College, from the Duty:

And the Question being put, That the Clause be received;

It passed in the Negative.

Another ingrossed Clause was offered, as a Rider, for ascertaining the Measure of Coals:

And the same was twice read, with Blanks:

And then the same was, by Leave of the House, withdrawn.

Then several Amendments were proposed to be made to the Bill; viz.

Press 1. L. 13, to leave out "Tenth;" and insert "Fifteenth," instead thereof:

Pr. *, L. *, after "Wood," to insert "and Cinders made of Pit-coal:"

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

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

The House divided.

The Yeas go forth.

Tellers for the Yeas, Sir John Manwaring,
Mr. Winington:
125.
Tellers for the Noes, Sir William Ashurst,
Mr. Farrer:
84.

So it was resolved in the Affirmative.

Ordered, That the Title be, An Act for granting to his Majesty several Duties upon Coals and Culm.

Ordered, That Sir Thomas Littleton, do carry the Bill to the Lords, and desire their Concurrence thereunto.

Supply Bill; Poll Tax.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the Bill for granting to his Majesty an Aid, by a quarterly Poll, for One Year.

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 made a further Progress in the Matter to them referred.

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