House of Commons Journal Volume 12: 29 March 1699

Mercurii, 29 die Martii;

Undecimo Gulielmi Tertii.

Prayers.

Ship Hope.

A PETITION of Williams Wallis, of London, Merchant, was presented to the House, and read; setting forth, That the Petitioner, for many Years past, hath been a Contractor with the Commissioners of his Majesty's Navy, for supplying his Majesty with Masts, and other naval Stores; and, not being able to procure an English-built Ship for such Service, was obliged to buy a foreign-built Ship of great Length, called The Hope: That by an Act of Parliament for regulating the Plantation-Trade, the Petitioner is hindered from employing the said Ship any more in his Majesty's Service: And praying a Bill may be brought in to enable the said Ship Hope to trade as an English-built Ship.

Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition: And that Sir Richard Farrington do prepare, and bring in, the Bill.

Claims on Lottery Tickets.

A Petition of the Artificers, and others, Contractors with the Navy, was presented to the House, and read; setting forth, That the Petitioners, in June and July 1697 had 254,630l. paid them, upon the Course of the Navy, in Malt Lottery-Tickets, at Ten Pounds each Ticket: And praying such Provision may be made for the Malt Lottery-Tickets as shall be thought reasonable.

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

Seliard's Estate.

An ingrossed Bill from the Lords, intituled, An Act for vesting certain Lands of Sir Thomas Seliard Baronet, in the County of Kent, in Trustees, to be sold, for the Payment of his Sisters Portions charged therewith, was read the First time.

Resolved, That the Bill be read a Second time.

Lascella' Estate.

An ingrossed Bill, from the Lords, intituled, An Act for vesting the real Estate of Thomas Lascells Esquire in Trustees, to be sold, for Payment of his Debts, was read the First time.

Resolved, That the Bill be read a Second time.

Raising Militia.

Mr. Harley, according to Order, presented to the House a Bill for raising the Militia of this Kingdom for the Year 1699, although the Month's Pay, formerly advanced, be not repaid: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Forestallers, &c. of Corn.

A Petition of Robert Barton, Master of the Ship Adventure, against John Loston, Peter Kesterman, Thomas Meritt, and Dinah Mason, Forestallers, Engrossers, and Transporters, of Corn, was presented to the House, and read; setting forth, That the Petitioner, being freighted with Corn at Plymouth, brought it to London; and, because he would not, contrary to Act of Parliament, carry it to Rotterdam, Ostend, or Dunkirk, the said Forestallers refuse to pay him his Freight: And praying he may have Liberty to come and give Information of their notorious Practices.

Ordered, That the Consideration of the said Petition be referred to a Committee: And that they do examine the Matter thereof; and report the same to the House:

And it is referred to Sir Charles Hotham, Sir Isaac Rebow, Mr. Fortescue, Sir James Houblon, Sir Owen Buckingham, Sir John Fleet, Mr. Yorke, Mr. Offley, Mr. Henley, Mr. Morris, Mr. Osborne, Sir Edward Hungerford, Mr. White, Mr. Papillon, Mr. Thornhagh, Sir Chr. Hales, Sir Wm. Robinson, Sir Fran. Child, Major Stringer, Sir Richard Farrington, Mr. Pye, Sir Richard Cocks, Mr. Dyot, Mr. Hayes, Sir Jacob Astley, Mr. Foley, Mr. Hamond, Mr. Mountague, Mr. Hancock, Mr. England, Mr. Chase, Colonel Osborne, Sir Rowland Gwyn, Mr. Hoar, Mr. Blofeild, Mr. Heysham: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And they have Power to send for Persons and Papers.

Army Arrears.

A Petition of Daniel Cambell, and others, on behalf of themselves and others, Serjeants, Corporals, and Centinels, disbanded out of his Majesty's own Regiment of Foot-Guards, was presented to the House, and read; setting forth, That the Petitioners have several Months Subsistence due to them in Flanders for their Service, besides an Account of great Stoppages made for BaggageHorses, Tents, and Exchange of Money: And praying their Officers may account with them, and they be relieved.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Soldiers of Colonel Coote's Regiment is referred.

Ordered, That as the Matter of any Petition referred to the said Committee shall be dispatched before them, the same be, from time to time, reported to the House.

Copper Coinage.

A Petition of the Grocers, Cheesemongers, Mealmen, Bakers, Butchers, Victuallers, Market-people, and Retailers in general, of the populous Borough of Southwark, in the County of Surry, on behalf of themselves, and many others, was presented to the House, and read; setting forth, That the vast Quantities of Copper Halfpence and Farthings lately coined are very burdensome and grievous to the Petitioners: And praying Relief in the Premises, by putting a Stop to the further Coining thereof.

Ordered, That the said Petition do lie upon the Table, until the Bill to prevent the Coining of Farthings and Halfpence for One Year be read a Second time.

Prohibition of foreign Bone-lace.

A Petition of several Dealers in, and Makers of, Bonelace, dwelling in the Town of Chard, in the County of Somerset, in behalf of themselves, and many others, was presented to the House, and read; setting forth, That they have been greatly relieved by the Act for prohibiting of foreign Bone-lace: And praying to be heard before the said Act be repealed.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Gentlemen, Clothiers, Clothworkers, Traders in the Woollen Manufactures, and other the Inhabitants, of the Town of Ratchdale, in the County Palatine of Lancaster, is referred.

Byde's Estate.

Ordered, That the ingrossed Bill, from the Lords, intituled, An Act to enable Thomas Byde Esquire, an Infant, with the Consent of his Guardians and next Relations, to make a Contract for the buying-in his Mother's Jointure; and to sell a small Estate in Great Amwell in the County of Hertford; and likewise for the securing and raising a Portion for Barbara Byde, Sister of the said Thomas Byde; and for other Purposes in the Act mentioned; be read To-morrow Morning.

Poor Laws.

A Bill for the better providing for the Poor, and setting them on Work, was, according to Order, read a Second time.

Resolved, That the Bill be committed.

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

Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider of the said Bill.

Ordered, That it be an Instruction to the said Committee, That they have Power to receive a Clause for an annual Choice of the Officers employed by the Corporation for setting the Poor in the City of Exeter on Work.

Ordered, That it be an Instruction also to the said Committee, That they have Power to receive a Clause for incorporating any Number of Persons to erect Workhouses for Employment of the Poor.

Ditto.

A Petition of the Churchwardens, Overseers of the Poor, and other Inhabitants, of the Parish of Chelsey, in the County of Middlesex, was presented to the House, and read; setting forth, That they are informed, a Bill is bringing in for the Relief of the Poor, and setting them on Work; and that there being an Hospital in their Parish for old and maimed Soldiers, divers whereof bring their Wives and Children to live therein; and are likely to be a great Charge to the said Parish: And praying some Provision may be made in the said Bill to prevent the same.

Ordered, That the Consideration of the said Petition be referred to the said Committee of the whole House: And that the Committee, if they think fit, may receive a Clause for remedying the Matter complained of in the Petition.

Ordered, That it be an Instruction to the said Committee, That they have Power to receive a Clause to provide, that when Persons taken into the Workhouses to be erected shall be unemployed therein, being able, may be employed in the Amending of the Highways.

Leave of Absence.

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

Copper Coinage.

A Petition of the Contractors for making Copper Halfpence and Farthings was presented to the House, and read; setting forth, That their Majesties were pleased, in the Year 1694, to grant the Petitioners the Making of Halfpence and Farthings of English Copper, for Seven Years, upon Condition that the Petitioners should exchange all the Tin Farthings and Halfpence for a like Number in Tale, not exceeding 200l. a Week: And praying they may not be prohibited their Coinage; but permitted to fulfil their Contract, or give them Relief for their Losses they shall sustain.

Ditto.

The Bill was, according to Order, read a Second time.

Resolved, That the Bill be committed to Mr. Lowndes, Mr. Blofeild, Mr. Lowther, Sir Wm. Cowper, Colonel Godfrey, Sir Edward Hungerford, Sir Cha. Sedley, Sir Tho. Day, Mr. Molineux, Mr. Norton, Sir Jos. Tredenham, Colonel Kirkby, Mr. Cholmondley, Mr. Hancock, Sir Richard Cocks, Mr. Brewer, Sir Henry Ashurst, Sir James Houblon, Mr. Godolphin, Mr. Tredenham, Sir Geo. Hungerford, Mr. Brotherton, Mr. Heveningham, Mr. Gwyn, Sir Owen Buckingham, Mr. Freeman, Mr. Walpoole, Mr. Moor, Sir Henry Parker, Mr. England, Mr. Parkhurst, Colonel Byerly, Mr. Scobell, Mr. Pery, Mr. Thornagh; and all for Middlesex and Surry: And all that come are to have Voices: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Ordered, That the said Contractors be heard before the said Committee.

State of the Navy.

Mr. Boyle reported from the Committee, to whom it was referred to draw up an humble Address to be presented to his Majesty, in relation to the State of the Navy, That they had drawn up an Address accordingly; 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 was read; and is as followeth; viz.

Most Gracious Sovereign,

WE, Your Majesty's most dutiful and loyal Subjects, the Commons in Parliament assembled, having taken into our serious Consideration the State of the Navy, do most humbly represent to your Majesty;

That the Straits Squadron not sailing till September last was prejudicial to England, and a great Mismanagement:

That the Order made by the Commissioners of the Admiralty, the 12th of September 1695, giving Henry Priestman Esquire an Allowance of Ten Shillings per Diem, from the Date of his Commission, as Commander in Chief before Sally, in the Year 1684, till the Ship Bonadventure was paid off, over and above his Pay as Captain of the said Ship, was very unreasonable, and a Misapplication of the Publick Money:

That the Victualling any of Your Majesty's Ships by others than by the Victuallers appointed for that Service, or their Agents, is contrary to the Course of the Navy, and may be of ill Consequence:

That many new and unnecessary Charges have, in an extraordinary Manner, been introduced into the Navy, contrary to the Rules of the Navy; which is a great Mismanagement:

That the Deductions of Poundage, taken by the Paymasters of the Navy, for Slop-Cloaths, dead Mens Clothes, Tobacco, Chest at Chatham, Chaplain, and Surgeon, is without Warrant, and ought to be accounted for:

That it is inconsistent with the Service of the Navy for the same Person to be One of the Commissioners for executing the Office of Lord High Admiral, and Treasurer of the Navy, at the same time:

And that the Passing any Account of Monies impressed for the contingent Uses of the Navy, without regular Vouchers, or such other Proof as the Nature of the Service will admit, either with or without a Sign Manual, is contrary to the Rules and Methods of the Navy, and of dangerous Consequence.

All which we beg Leave to lay before Your Majesty, desiring, That you will be graciously pleased to take care, that the Mismanagements herein complained of may be prevented for the future.

The said Address being read a Second time;

And an Amendment being proposed to be made, in the last Paragraph, by adding between the Words "take" and "care," the Word "effectual;" the same was, upon the Question put thereupon, agreed unto by the House.

And the said Address, so amended, was, upon the Question put thereupon, agreed unto by the House.

Resolved, That the said Address be presented to his Majesty by the whole House.

Ordered, That such Members of this House as are of his Majesty's most Honourable Privy-Counsel, do humbly know his Majesty's Pleasure, when he will be attended by this House.

Supply Bill; Land Tax.

Ordered, That the Committee of the whole House, to whom the Bill for granting to his Majesty the Sum of One million Four hundred eighty-four thousand FifteenPounds One Shilling Eleven-pence Three Farthings, for disbanding the Army, providing for the Navy, and for other necessary Occasions, is committed, have Power to receive a Clause for transferring the Loan for disbanding the Army, and other necessary Occasions, to the said Act.

Ordered, That it be an Instruction also to the said Committee, That they have Power to receive a Clause of Credit, as usual.

Ordered, That it be an Instruction also to the said Committee, That they have Power to receive a Clause, or Clauses, to provide for the raising and levying the Arrears of the last Year's Land-Tax, in Counties where there remain Disputes about the manner of levying the same.

Malmesbury Election.

Sir Rowland Gwyn reported, from the Committee of Privileges and Elections, the Matter touching the Election for the Borough of Malmsbury, in the County of Wilts, as it appeared to the said Committee, 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 followeth; viz.

Upon the several Petitions of Craven Howard Esquire, and of Sir Thomas Skipwith, complaining of an undue Election, and Return, of Michael Wicks Esquire, and Edward Pauncefort Esquire, to serve for the Borough of Malmesbury:

That, upon the Poll, the Numbers were as follow;

That the Right of Election was agreed to be in the Alderman, and Twelve Capital Burgesses:

And, One of the Burgesses being absent, the Electors consisted only of Twelve; of which Mr. Pauncefort had Six, with the Alderman, who afterwards gave a casting Voice for Mr. Pauncefort; and Mr. Howard had Six, without the Alderman.

That which the Petitioner Sir Thomas Skipwith pretended to, was only to vacate the Election by Bribery.

And for that, his Counsel alleged, they had several Witnesses; viz. Edward Brown, One of the Burgesses, that voted for both the Sitting-Members; and Thomas Stubbs, James Croone, Richard Couch, and Robert Young:

But the Petitioners Counsel owning, That the said Thomas Stubbs, James Croone, Richard Couch, and Robert Young, had given Bond to Edward Browne, to save him harmless from any Damage the said Browne might sustain by reason of his Discovery;

And one Mr. Martin, an Attorney, produced as a Witness by the Sitting-Members, testifying, That, some time after the Discovery, he had made a Bond, by Order of Mr. Stubbs, wherein the Persons above mentioned to be bound, were to be bound to the said Browne, with Condition to pay him a certain Sum of Money, but how much it was he did not remember, for the Damage he might sustain by reason of the Discovery he had made; nor did his Memory serve him to give a particular Account of the Condition;

The Committee were of Opinion, That they were all so affected by that Bond, that none of them could be Witnesses; though it was alleged the said Bond was given up; and a Release was produced from the said Browne to the said Parties:

And so the Counsel for Sir Tho. Skipwith did not proceed further for their Client.

But the Counsel for the Petitioner Mr. Howard, besides the Irregularity of the Alderman's voting, did insist upon several illegal and corrupt Practices in the Sitting-Members Agents.

And it appeared to the Committee, That Mr. Pauncefort was a Person that had very little Acquaintance in the Town of Malmesbury; and was not present at the time of the Election.

But Mr. Pauncefort's Counsel, to answer that, called Mr. Estcourt: Who said, That his Brother, Sir Thomas Estcourt, had designed to stand Candidate at this Election; and had not determined with himself not to stand, till the Day before the Election; when, being ill, he made over his Interest to Mr. Pauncefort, and desired Mr. Estcourt to act accordingly; which Mr. Estcourt did: And he went to Jos. Adey, for his Letter to William Adey, in favour to Mr. Pauncefort; which he had; and, upon the Delivery of it, William Adey promised not to oppose him the said Mr. Pauncefort.

That, as to the Practices of the Sitting-Members Agents;

Nic. Hays said, He was present when the Precept was published for this Election; and that, he apprehended, it was not done in the usual Manner; for they used to be summoned to the Town-hall, to consider of it; which was not now done; but Mr. Adey, the Deputy-Steward, after the Precept was read, adjourned to a Tavern, or Alehouse, where the Election was made.

John Woodman said, That John Adey, One of the Burgesses, ordered him to distribute Cyder and Beer; which he did, to the Value of 9l. at several times, before the Election, amongst all the Burgesses; and he told him, They would choose such Parliament-Men as should pay for it: And, that after the Election, William Adey asked him for his Bill, and offered him Five Guineas to discharge it; which he did not take, because it was not his full Due: But, he said, he had threatened to sue both Adeys before they offered to pay him.

Edward Browne junior said, That about a Week after his Father was gone from home, William Adey gave him Two Guineas to go after his Father, and bring him back, or help him to the Speech of him: And, Two or Three Days after, the said Browne said, That William Adey gave him another Guinea; and withal told him, He had given his Father Money; and, if he could not find him, he would make the Election void: That his Father shewed him Six Guineas, Three at one time, and Three at another; which, he told him, he had from William Adey; and that Wm. Adey desired his Father to vote for Two that he should name; but did not name them; and it was reported he did not know their Names himself.

Robert Pawley said, That he was in Company with William Adey an Hour after the Election; and, discoursing him, he said, He had not got much; for Gold, he saw none; but, however, he would engage, that Gentleman that would give him most Money should be ParliamentMan for Malmesbury.

John Hamond said, That, in November last, having Adey in Custody by a Warrant from the Chancery, prosecuted by Mr. Burnaby, Adey said, That Mr. Burnaby was in the wrong; for that the Election would be made void; and he had so many Voices at his Command that Mr. Burnaby might have been Parliament-Man.

That, for the Sitting-Member Mr. Pauncefort, as to the Alderman's casting Voice; they called,

Abraham Huggins, who had been a Housekeeper in Malmesbury above 60 Years: Who said, The Alderman, in electing Town-Officers, had always a casting Voice, in case his Voice made the Numbers equal: and had known the Alderman have it twice at Elections for Parliament-Men; but could not name the Persons nor the Time.

John Adey said, He was offered Threescore Guineas, by Captain Stubbs, to set aside this Election: That, he understood, it was to have testified something, by way of Promises or Gifts, on behalf of Mr. Pauncefort, or Mr. Wicks: That he never heard of Mr. Pauncefort till the Day of Election; and that he was chosen upon Sir Thomas Estcourt's Recommendation.

Mr. John Bird said, That Mr. Wicks did not think of standing till he put him in mind of it; and that he went down on Wednesday before the Election; and, on Thursday, he met Mr. Huggins, and told him, He came to represent Mr. Wicks; but that he had not then spoken to any of the Burgesses: Thereupon Mr. Huggins went with him to the Burgesses Houses, to desire their Votes: but he never went to a Publick-house till the Monday before the Election; and then there was a Letter produced from the Lord Wharton, wherein he said, He would come down, and make good his Promises.

And that, upon the whole Matter, the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That Michael Wicks Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Malmesbury, in the County of Wilts.

Resolved, That it is the Opinion of this Committee, That Edward Pauncefort Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Malmesbury.

The First Resolution being read a Second time;

A Motion was made, and the Question was put, That the Report be re-committed:

And the House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ordered, That the Matter touching the Election for the said Borough of Malmsbury be heard by the Committee of Privileges and Elections upon Friday next come Fortnight, upon the said Re-commitment.

Ordered, That the Bond, mentioned in the said Report, given to Edward Brown therein named, be produced at the Hearing of the said Cause.

Making Militia. more useful.

Resolved, That this House will, upon Friday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for making the Militia of this Kingdom more useful; and nothing to intervene.

Exporting Wool.

Ordered, That the Bill for the more effectual . . . . . . . Exportation of Wool out of this Kingdom be read a Second time upon Friday Morning next.

Duties on Glass.

Ordered, That the Report from the Committee, to whom the Petitions relating to the Duties remaining upon Glass-wares is referred, be made upon Saturday Morning next.

Suppressing Lotteries.

Ordered, That the Bill for the Suppressing of the Royal Oak Lottery, and all other Lotteries, be read To-morrow Morning.

Committees.

Ordered, That all Committees be revived.

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