House of Commons Journal Volume 11: 13 March 1697

Sabbati, 13 die Martii;

9° Gulielmi Tertii.

Prayers.

Hay-market Paving, &c.

AN ingrossed Bill for repairing, paving, and regulating, the Streets where the Carts of Hay and Straw do stand, commonly called the Hay-market, within the Parishes of St. Martin in the Fields, and St. James, within the Liberty of Westminster, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for paving and regulating the Hay-market, in the Parishes of St. Martin's in the Fields, and St. James', within the Liberty of Westminster.

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

Leave of Absence.

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

Lustring Manufacture.

A Bill for the further Encouragement of the Lustring Manufacture in England was, according to Order, read a Second time.

Resolved, That the Bill be committed to Sir Math. Andrews, Mr. Stonehouse, Mr. Colt, Sir Marm. Wyvell, Sir Rowland Gwynn, Sir Wm. Bowes, Mr. Chadwick, Mr. Arnold, Sir Cha. Carteret, Mr. Sandford, Mr. Fuller, Lord Ranelagh, Mr. Trenchard, Mr. Boyle, Mr. Moyle, Sir Henry Hobart, Mr. Foley, Mr. Thornhagh, Mr. Blofeild, Mr. Gery, Sir Cha. Windham, Sir Tho. Roberts, Sir Robert Cotton, Sir William Lowther, Sir Henry Colt, Mr. Palmes, Mr. Lowther, Mr. Tregeagle, Sir Godfry Copley, Mr. Fleming, Sir Fra. Masham, Sir John Phillips, Mr. Hamond, Sir Wm. Hustler, Mr. Bromley, Mr. Blaake, Sir Fra. Windham, Mr. Clerke, Mr. Gardner, Colonel Perry, Mr. Mountstevens: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.

Warner's Estate.

An ingrossed Bill, from the Lords, intituled, An Act explaining a former Act of Parliament, intituled, An Act for enabling Trustees to sell Part of the Estate of Edmund Warner, deceased, for Payment of his Debts; and preserving the rest for the Benefit of his Heir; was read the Third time.

Resolved, That the Bill, with the Amendments, do pass.

Ordered, That Mr. Heveningham do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, with some Amendments: To which Amendments they desire their Lordships Concurrence.

Paving and cleansing Streets.

Ordered, That Leave be given to bring in a Bill for explaining and enforcing the Act, made in the 2d Year of his Majesty's Reign, for paving and cleansing the Streets within the Weekly Bills of Mortality, and the Streets adjoining thereunto: And that Sir Henry Colt do prepare, and bring in, the Bill.

Poor Laws.

A Bill for the Supplying of some Defects in the Laws now in force, for the Relief of the Poor of this Kingdom, was read a Second time.

Resolved, That the Bill be committed to Mr. Blaake, Mr. Monckton, Sir Rowland Gwyn, Sir Henry Colt, Mr. Gerrard, Mr. Foley, Mr. Ash, Sir Robert Smith, Mr. Colt, Mr. Tho. Foley, Mr. Harley, Mr. Slater, Mr. Thornhagh, Lord Coningsby, Mr. White, Sir Francis Massam, Mr. Tayler, Mr. Taylor, Mr. Hammond, Mr. Tregeagle, Mr. Gwyn, Mr. Arnold, Mr. Mountstevens, Sir Cha. Sidley, Sir Tho. Dyke, Sir Tho. Hussey, Sir Fran. Molyneux, Mr. Machell, Mr. Moor, Sir Wm. Lowther, Mr. Sherrard, Mr. Lowther, Dr. Oxenden, Mr. Thompson, Sir Gero. Elwes, Mr. Bertie, Sir Tho. Roberts, Mr. Clark, Sir John Elwill, Sir Wm. Honywood, Sir Tho. Day, Mr. Stonehouse, Sir Tho. Dyke, Mr. Gery, Mr. Fuller, Mr. Fleming; and all that serve for the Counties of Gloucester, Southampton, Wilts, and Principality of Wales: And they are to meet this Afternoon, at Five a Clock, in the Speaker's Chamber: And it is to be an Instruction to the said Committee, That they do leave out of the Bill the Clause relating to Forests: And also, That they are to have Power to receive a Clause, to explain the Acts of Settlement of Service.

A Message from the Lords, by Sir Miles Cook and Mr. Meredeth:

Mr. Speaker,

Trotman's Estate.

The Lords have agreed to the Amendment, made by this House, to the Bill, intituled, An Act to vest certain Lands, late of Samuel Trotman Esquire, deceased, lying in Barking, Eastham, Westham, and Woolwich, in the Counties of Kent and Essex, in Trustees, to be sold; and to settle other Lands, in lieu thereof. Also,

Lords desire a Conference.

The Lords desire a Conference with this House, in the Painted Chamber, this Day at One of the Clock, upon the Subject-matter of the last Conference.

And then the Messengers withdrew.

Resolved, That this House doth agree to a Conference with the Lords, as their Lordships do desire.

And the Messengers were called in again; and Mr. Speaker acquainted them therewith.

Leave of Absence.

Ordered, That Sir William Rich have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That the Lord Burleigh have Leave to go into the Country, upon extraordinary Occasions.

Raising the Militia.

The Lord William Powlet, according to Order, presented to the House a Bill for raising the Militia, for the Year 1697, although the Month's Pay, formerly advanced, be not repaid: And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Supply Bill; Deficiencies, Bank Stock, &c.

Ordered, That it be an Instruction to the Committee of the whole House, to whom the Bill for making good the Deficiencies of several Funds therein mentioned; and for enlarging the Capital Stock of the Bank of England; and for raising the publick Credit. . . . . . That they have Power to receive a Clause to lengthen the Time for the Governors of the Plantations to take the Oaths appointed in the Act, made the last Session of Parliament, for preventing Frauds, and regulating Abuses, in the Plantation-Trade.

Ordered, That it be an Instruction to the said Committee, That they have Power also to receive a Clause for the better Currency to the Bills, to be issued out of the Exchequer, pursuant to the Act, passed this Session, for granting an Aid to his Majesty, as well by a Land-Tax, as by several Subsidies, and other Duties, payable for One Year.

Proceedings in Courts of Equity.

Ordered, That the Bill for regulating Proceedings in Chancery, and other Courts of Equity, be read a Second time upon Thursday Morning next.

Committees.

Ordered, That all Committees be revived.

Delays at Quarter-Sessions.

A Bill to continue the Act, made in the 5th and 6th Years of his Majesty's Reign, intituled, An Act to prevent Delays at the Quarter-Sessions of the Peace; which is near expiring; was read a Second time.

Resolved, That the Bill be committed to Mr Brotherton, Mr. Newport, Lord Pawlet, Sir Walt. Yonge, Mr. Boscawen, Sir John Phillips, Sir Jos. Tyly, Sir John Elwill, Sir Scroop How, Mr. Colt, Mr. Yates, Mr. Vice-Chamberlain, Sir Jerv. Elwes, Mr. Mountstevens, Mr. Boyle, Sir Wm. Drake, Mr. Monson, Sir Rowland Gwyn, Mr. Gerrard, Mr. Palmes, Mr. Thornhagh, Dr. Oxenden, Mr. Gardner, Sir John Bolles, Mr. Bickerstaff, Sir Wm. Lowther, Colonel Granvill, Mr. Foley, Mr. Blofeild, Sir Herbert Crofts, Sir Edward Ernly, Sir Tho. Travell, Mr. Slater, Mr. Cox, Mr. Sanford: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Privilege.

Colonel Wharton, according to Order, reported, from the Committee of Privileges and Elections, the Matter, as it appeared to the Committee, upon the Petition of Richard Vaughan, in the Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against Robert Moncton Esquire, a Member of this House; 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, on the behalf of the Petitioner, was called several Witnesses; viz.

John Baily, One of the Servants to the Petitioner: Who said, He was working in the Fore-part of his Master's Shop, and that Brown snatched up the Hammer; and he asked him, What he would do with it? He told him, He would bring it back again presently: That afterwards he went to see for his Master's Hammer, and did see Brown strike the Door: But his Master did not stir from the Fire till all was over.

Charles Heddon said, He was Servant to Mr. Doleman: And that he saw the Blows given at Mr. Moncton's Door: That Brown's Son said, He had an Order for Body and Goods: That he supposed the Petitioner knew what was doing at Mr. Moncton's House: for that the Blows might be heard as far as the Petitioner's House: But the Petitioner was not present at the breaking open the House.

John Jeffries said, He saw Brown, and his Son, in the Street, before Brown went for the Hammer; and that afterwards be saw Brown run for the Sledge: But believes he did not stay in the Shop so long as he could ask a Question, or receive an Answer.

Peter Colly and Wm. Bates, Servants to the Petitioner, said, They were in their Master's Shop; but did not see Brown take away the Sledge, they being backwards, at the Fire, and One of them working with his Master.

That, on behalf of the Petitioner, were also called, John Deane, Wm. Simonds, Dorcas Slether, Hannah Young, Richard James, Jane Plumer, * Nicholls and * Hughes: The Substance of whose Evidence was, (fn. 1) [That the Petitioner was] not present at the Breaking open of Mr. Moncton's House:

But it did also appear, by all their Evidence, That the said Petitioner did not any way oppose Brown, and his Son, in breaking open Mr. Moncton's Door, nor look after his Hammer till the Door was broke open.

So the Committee came to this Resolution; viz.

Resolved, That it is the Opinion of this Committee, That Richard Vaughan Blacksmith was accessary to John Brown, and others, in breaking open the House of Robert Monckton Esquire, a Member of this House.

The said Resolution being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

Ordered, That the said Richard Vaughan be, for his said Offence, committed to the Gatehouse.

Conference with Lords.

Ordered, That the Members who managed the last Conference, do manage the Conference with the Lords.

And the Managers went to the Conference.

And, being returned;

Mr. Methwyn reported, That the Conference was managed by the Lord Steward: Who acquainted them, That the Lords insisted upon their Amendments to the Bill to restrain the Wearing of all wrought Silks and Bengals, imported into this Kingdom from Persia and East-India, and all Callicoes printed or stained there; and gave their Reasons for the same, as followeth; viz.

In the 4th, 21th, and 32th Lines of the 1st Skin; the 27th and 32th Lines of the 2d Skin; and in the 6th, 9th, and 14th Lines of the 3d Skin:

Because, the Design of this Bill seeming to be for the Encouragement of the Manufacture of this Kingdom, and preserving the Money within the same, which is usually sent abroad to purchase foreign Silks; the Lords conceive, it cannot be effectual, for either of those Ends, unless the Prohibition be general; without which, the Silks that will infallibly be imported from France, Italy, and Holland, will carry at least as much Money out of the Kingdom as ever, and be as great a Discouragement to our own Manufacture:

And their Lordships are of Opinion, That the general Prohibition will no more endanger the Loss of the Trade with those Countries, than the particular Prohibition will that with Persia and India; which the Lords cannot suppose is designed to be lost by this Bill.

That the Lords insist on the Amendments, made by their Lordships, in the 38th Line of the 1st Skin, and the 4th Line of the 2d Skin:

Because, if there be not a Penalty imposed upon the Wearing, as well as upon the Sale of any Commodity that is prohibited, such Prohibition will be totally ineffectual; which the Lords conceive the Bill, as it came from the Commons, to be defective in:

That their Lordships conceive, That the Imposing of pecuniary Penalties of this Nature is no charging of Money upon the People; because nothing can truly be called so, which is within the People's Choice, not to pay if they please; as they need not to do in this Case, unless they will wilfully break the Law; which is made for the Welfare of the State, and not for Taxing of the Subject: And their Lordships cannot imagine, how the imposing a Penalty, in a Legislative Way, can well be denied to arise properly in their House; when, according to the Law of the Land, their Lordships in a judicial Way, are in Possession of that undoubted Right by themselves alone.

That the Lords insist on their Amendments in the Title of the said Bill, for the Reasons aforesaid.

Ordered, That the said Report be taken into Consideration upon Tuesday Morning next.

Supply Bill; Deficiencies, Bank Stock, &c.

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 making good the Deficiencies of several Funds therein mentioned; and for enlarging the Capital Stock of the Bank of England; and for raising the publick Credit.

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 had heard the Governor and Company of the Bank of England, upon their Petition, the Consideration whereof was referred to the said Committee; and had directed him to report the Matter thereupon to the House, when the House will please to receive the same.

Ordered, That the said Report be made upon Monday Morning next.

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, upon Wednesday Morning next, resolve itself into a Committee of the whole House, to consider further of the said Bill.

Supply Bill; Duty on Leather.

Ordered, That the special Report from the Committee of the whole House, to whom it was referred to consider of the Bill for laying a Duty upon Leather, for the Term of Three Years, for answering the Deficiencies, as well of the late Duties upon Coals and Culm, as for paying the Annuities on the Lotteries, and for Lives, charged on the Tonage of Ships, and the Duties upon Salt; which was to have been made this Day; be made upon Thursday Morning next.

And then the House adjourned till Monday Morning, Nine a Clock.