Journal of the House of Commons: Volume 12, 1697-1699. Originally published by His Majesty's Stationery Office, London, 1803.
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Lunæ, 7 die Martii;
10° Gulielmi Tertii.
DAvid Martin, Noah Housaii, Peter Albert, Lewis Costard, Peter Canche, Henry Albert, and John Jaumard, took the Oaths appointed, in order to their Naturalization.
Ayre and Calder Navigation.
A Petition of the Wardens and Freemen of the Company of Weavers, within the Borough of Kirkby Kendall, in the County of Westmoreland, was presented to the House, and read; setting forth, That, for many Ages past, there has been managed, in the said Borough, a great Trade of making coarse Woollen Cloths, called Linsetts, to the Support of many poor People: That, being 200 Miles from London, the Land-carriage comes to 28 s. per Pack, which greatly discourages their Trade: And praying, That the Bill in the House for making the Rivers Ayre and Calder, in the County of York, navigable, may pass; and then their said Goods may thereby be conveyed to London at least 16 s. per Pack cheaper then now.
Ordered, That the Consideration of the said Petition be referred to the Committee to whom the said Bill is committed.
Ayre and Calder Navigation.
A Petition of several Cheesemongers, and Corn-Merchants, within the City of London, was presented to the House, and read; setting forth, That they have a great Trade, from York, for Butter and Corn, which is brought from thence by Water: But if the Rivers Ayre and Calder, in the County of York, be made navigable, as is designed by a Bill depending in this House, they will drain away most Part of the Water flowing to York, which is now only navigable at Spring-tides, in Summer time; and so the said Trade will be ruined: And praying, That the said Bill may not pass into an Act.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.
Privilege— a person reprimanded and discharged.
Mr. Samuel Hoyle, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against Anthony Hammond Esquire, a Member of this House, was, according to Order, brought to the Bar: Where he, upon his Knees, received a Reprimand from Mr. Speaker.
Ordered, That the said Mr. Hoyle be discharged out of Custody, paying his Fees.
Duties on Leather.
A Petition of the Tanners, Curriers, Shoemakers, and other Persons, occupying and trading in Leather, in the ancient Borough of Arundell, in the County of Sussex, was presented to the House, and read; setting forth, That the Duty upon Leather is very prejudicial to Traders therein; and will, if continued, ruin the Petitioners, and their Families: And praying, That the said Duty may be taken off.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Aldermen, Stewards, and Company of Fellmongers, Leather-dressers, and Glovers, in the City of Chester, is referred: And that they do examine the Matter; and report the same, with their Opinion therein, to the House.
An ingrossed Bill, from the Lords, intituled, An Act to enable John Lewen to sell certain Messuages in Southwark, for Payment of Debts, was read the Third time.
Resolved, That the Bill do pass.
Ordered, That Mr. Bromley do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, without any Amendment.
Ordered, That Leave be given to bring in a Bill to enable Streinsham Masters Esquire, to sell Lands in Kent, which were agreed to be settled by his Articles of Marriage; and to convey Lands in Derbyshire, of a greater Value, to the same Uses: And that Mr. Brotherton do prepare, and bring in, the Bill.
Ordered, That the Committee, to whom the Consideration of the Petition of William Challoner Gentleman is referred, have Leave to sit To-morrow Morning, but not beyond Ten a Clock.
Petition from Altcar.
A Petition of the Resiants and Inhabitants of the Town of Altcar, in the County Palatine of Lancaster, being offered to the House:
And the Question being put, That the Petition be received;
It passed in the Negative.
Earl of Macclesfield's Divorce.
An ingrossed Bill, from the Lords, intituled, An Act for dissolving the Marriage between Charles Earl of Macclesfield and Ann his Wife; and to illegitimate the Children of the said Ann; was read the First time.
Resolved, That the Bill be read a Second time upon Thursday Morning next.
Leave of Absence.
Ordered, That Mr. Hunt have Leave to go into the Country for a Month, upon extraordinary Occasions.
Slater's, &c. importing Silk.
Sir William Ashurst reported from the Committee, to whom the Bill to enable Paris Slater and William Druce, Merchants, to import several Bales of fine Italian ThrownSilk from Amsterdam into this Kingdom, was committed, That they had examined and considered the same, and the Petitions to them referred; and 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, agreed unto by the House.
Ordered, That the Bill, with the Amendments, be ingrossed.
Leave of Absence.
Ordered, That Sir Francis Drake have Leave to go into the Country, for Recovery of his Health.
Ordered, That Sir Henry Lyddall have Leave to go into the Country, upon extraordinary Occasions.
Escapes of Debtors.
Mr. Pocklington, according to Order, presented to the House a Bill for the further Relief of Creditors, in Cases of Escapes; and for preventing Escapes, and Abuses in the Keepers of Gaols: And the same was received.
Sir Henry Colt reported, from the Committee, to whom the Petition of Mr. Francis Molyneux was referred, the Matter, as it appeared to the said Committee, upon the Petition of William Lake; the Consideration whereof was referred 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 Petitioner did not appear:
That one Daniel Collins, who is a common Agent for the Petitioners, acquainted the Committee, That the said Mr. Lake cannot attend this Committee by Day-light, for fear of an Arrest.
That the Committee proceeded to examine Colonel Pounell, named in the Petition; who came from Lincolne, on Purpose to answer the Complaint against him; and produced a Discharge, in full, of all Arrears due to the Petitioner, for Service in Ireland, attested by Two Witnesses; one whereof attended at the Committee.
And that, upon the whole Matter, the Committee came to the Resolution following; viz.
Resolved, That it is the Opinion of this Committee, That the said Petition is groundless and vexatious.
The said Resolution being read a Second time:
Resolved, That the House doth agree with the Committee in the said Resolution, That the said Petition is groundless and vexatious.
Mr. Pagitt reported to the House, That he having, according to Order, been at the Lords, to desire a Conference upon the Subject-matter of the Amendments, made by their Lordships, to the Bill, intituled, An Act for explaining an Act, made the last Session of Parliament, intituled, An Act for supplying some Defects in the Laws, for the Relief of the Poor of this Kingdom; the Lords do agree to a Conference presently, in the Painted Chamber.
Ordered, That the Committee, who drew up the Reasons to be offered at the Conference, do manage the Conference.
Conference with Lords.
And they went to the Conference.
And, being returned;
Mr. Pagitt reported, That they had given the Lords the Reasons for disagreeing to one of the Amendments to the said Bill; and left the Bill, and Amendments, with their Lordships.
Lords desire a Conference.
A Message from the Lords, by Sir John Franklyn and Sir John Hoskyns:
The Lords desire a present Conference with this House, in the Painted Chamber, upon the Subject-matter of the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriving and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills.
And then the Messengers withdrew.
Resolved, That this House doth agree to a present Conference with the Lords, as their Lordships do desire.
And the Messengers were called in; and Mr. Speaker acquainted them therewith.
Ordered, That Lord Marquis of Hartington, Sir Henry Hobart, Sir Tho. Littleton, Mr. Mountague, Lord Ashley, Lord Coningsby, Mr. Cooper, Sir Rowland Gwyn, Mr. Mordaunt, Mr. Dolben, Mr. Etterick, Mr. How, Mr. Smith, Lord Spencer, Mr. Gwynn, Mr. AttorneyGeneral, Sir Robert Rich, Mr. Newport, Mr. Brewer, Mr. Lowndes, Mr. Clark, Sir Wm. Williams, Sir Wm. St. Quintin, Mr. Norris, Sir Tho. Davall, Sir John Walter, Sir Wm. Trumball, Mr. Colt, Mr. Price, Sir Chr. Musgrove, Mr. Solicitor-General, Sir Jos. Jekyll, Sir Wm. Coriton, Sir Tho. Dyke, Mr. Harley, Mr. Sloane, Mr. Chase, Lord Irwyn, do manage the said Conference.
And they went to the Conference.
And, being returned;
Conference with Lords.
The Lord Marquis of Hartington reported the Conference: And that it was managed by the Lord Rochester; who acquainted them, That the Lords had desired the said Conference, for preserving of a good Correspondence between the Two Houses: And that the Lords, having entered upon the Consideration of the Bill, intituled, An Act for punishing Charles Duncomb Esquire, for contriveing and advising the making of false Indorsements of several Bills, made forth at the Receipt of Exchequer, commonly called Exchequer-Bills; which they received from the Commons; and having read it the First time, and ordered it a Second, on Friday next; as also having appointed the said Mr. Duncomb to be heard by his Counsel the same Day, according to his Petition, to that Effect; do observe, that the Matters of Fact, suggested in the said Bill, as the Ground and Foundation upon which it seems to have proceeded in the House of Commons, not appearing sufficiently before the Lords, their Lordships have desired this Conference, That they may have the Assistance of the Commons, in laying the State of the said Matters of Fact more fully before their Lordships.
Ordered, That the said Report be taken into Consideration To-morrow Morning.
Royal Assent to Bills.
A Message from his Majesty, by Mr. Cooling, DeputyUsher of the Black Rod:
The King commands this Honourable House to attend him, in the House of Peers, immediately.
Accordingly, Mr. Speaker, with the House, went up to attend his Majesty.
And, being returned;
Mr. Speaker reported, That his Majesty had been pleased to give the Royal Assent to the several publick and private Bills following; viz.
An Act for explaining an Act, made the last Session of Parliament, for granting to his Majesty certain Duties upon Malt, Mum, Sweets, Cyder, and Perry.
An Act for satisfying and discharging the Arrears of several Annuities, which incurred between the 17th Day of May 1696, and the 17th Day of May 1697.
An Act that all Retailers of Salt shall sell by Weight.
An Act for rendering the Laws more effectual for preventing the Importation of foreign Bone-lace, Loom-lace, Needle-work, Point, and Cut-work.
An Act to prevent the Throwing and Firing of Squibs, Serpents, and other Fire-works.
An Act for enabling Simon Lord Bishop of Ely, and his Successors, to lease the Manor-house, and Demesnelands of Downham, in the Isle of Ely; and for confirming a Lease, lately thereof made by the said Bishop; and for clearing the said Bishop, and others, from Dilapidations there.
An Act to enable Sir Francis Guibon and Dame Isabella his Wife, and their Trustees, to sell the Manor of Avenalls, and other Lands, in or near Gunthorp, in the County of Norfolk; and for settling other Lands, in lieu thereof.
An Act for naturalizing Gerard Maesacker, and others.
An Act to enable Rebecca Lassells, Widow, to sell Copyhold Lands and Houses in Ealing, in the County of Middlesex.
An Act for vesting in Trustees certain Lands of George Farrington Esquire, lying in the Counties of Middlesex and Surry, settled upon the Marriage of William Farrington, his Nephew; and, with the Money arising thereby, for purchasing of other Lands in Lancashire, where the ancient Estate of the Family lies, to be settled to the same Uses.
An Act to enable the Trustees of William Knott Gentleman, and his Wife, to sell a Lease of Houses in Breadstreet, London, for Payment of Debts; and to settle another Estate, of better Value, in lieu thereof.
An Act to enable Thomas Kynnersly Esquire, an Insant, to make a Jointure and Settlement of his Estate.
An Act for naturalizing Dudly Vesey, an Infant.
An Act to enable John Lewen to sell certain Messuages in Southwark, for Payment of Debts.
Privilege— Libellous Publication.
A Complaint being made to the House of a printed Paper, dispersed abroad, intituled, "Mr. Duncomb's Case," reflecting upon the Proceedings of this House;
One of which Papers was produced, and delivered in at the Table; and there read;
Resolved, That a printed Paper, intituled, "Mr. Duncomb's Case," is false, scandalous, and malicious; and highly reflecting upon the Proceed..igs of this House, and the Honour of the Commons, in Parliament assembled.
Ordered, That the said printed Paper be burnt, by the Hands of the common Hangman, upon Saturday Morning next, in the Palace-Yard: And that the Sheriffs of London and Middlesex do see the same performed.
Suppressing Profaneness, &c.
Sir John Phillipps, according to Order, presented to the House a Bill for the more effectual suppressing Blasphemy and Profaneness: And the same was received.
The Bill was read the First time.
Resolved, That the Bill be read a Second time upon Wednesday Morning next.
Privilege of a Member in a Suit.
Sir Edward Seymour attending in his Place:
The Petition relating to him was read; setting forth, That Sir Edward Seymour, in 1660, became bound to John Wall, for Payment of 106l. in August 1661: That, Wall dying, his Executors could obtain no Satisfaction; but, Administration being granted to the Petitioners, they obtained Judgment on the Bond in 1688; but cannot further proceed, because Sir Edward Seymour insists on his Privilege: And praying a Liberty to proceed at Law against him, notwithstanding his Privilege.
To which Sir Edward Seymour was heard.
A Bill for regulating the Militia was, according to Order, read a Second time.
Resolved, That the Bill be committed to a Committee of the whole House.
Resolved, That this House will, upon this Day Sevennight, resolve itself into a Committee of the whole House, to consider of the said Bill.
Ordered, That the Consideration of the Accounts relating to the Militia of this Kingdom, which were laid before this House, be referred to the said Committee of the whole House.
Resolved, That this House will, upon Wednesday
Punishing Burton and Knight.
Morning next, resolve itself into a Committee of the whole House, to consider of the Bills for punishing Bartholomew Burton Gentleman, and John Knight Esquire.
Ordered, That the Bill for the further regulating Elections of Members to serve in Parliament, be read a Second time upon Saturday Morning next.
Resolved, That this House will, upon Saturday Morning next, resolve itself into a Committee of the whole House, to consider further of the Bill to settle the Trade to Africa.
And then the House adjourned till To-morrow Morning, Nine a Clock.