House of Commons Journal Volume 12: 18 April 1698

Journal of the House of Commons: Volume 12, 1697-1699. Originally published by His Majesty's Stationery Office, London, 1803.

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'House of Commons Journal Volume 12: 18 April 1698', in Journal of the House of Commons: Volume 12, 1697-1699, (London, 1803) pp. 235-237. British History Online https://www.british-history.ac.uk/commons-jrnl/vol12/pp235-237 [accessed 25 March 2024]

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In this section

Lunæ, 18 die Aprilis;

Decimo Gulielmi Tertii.

Prayers.

Churchill's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act to confirm the Sale of Part of the Estate of Sir John Churchill Knight, lately deceased, pursuant to his last Will, and Two Decrees of Chancery for Performance thereof, was read the First time.

Resolved, That the Bill be read a Second time upon Thursday Morning next.

King's Bench and Fleet Prisons.

A Petition of Edmond Boulter Esquire was presented to the House, and read; setting forth, That there is a great Debt due to . . . Petitioner, as Executor of Sir John Cutler Baronet, deceased, from William Lenthall Esquire; for which the Petitioner hath no Security but an Assignment of the Office of Marshal of the King's-Bench; and conceiveth, that the Bill now depending, concerning the King's-Bench and Fleet Prisons, will highly prejudice his Interest: And praying to be heard by Counsel, against the said Bill.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed: And that the Petitioner do attend, and be heard before the said Committee, To-morrow; when they are to meet.

Lewen's Estate.

Ordered, That Leave be given to bring in a Bill to rectify some Mistakes in an Act, lately passed, intituled, An Act to enable John Lewen to sell certain Messuages in Southwark, for Payment of Debts: And that Mr. Bromly and Mr. Gery do prepare, and bring in, the Bill.

Cliffords Petition.

A Petition of Andrew Clifford and Jeronomy Clifford, Merchants, lately Inhabitants in Surinam in the WestIndies, was presented to the House, and read; setting forth, That * * * * *.

. . . . . ., That the Consideration of the said Petition be referred to a Committee: And that they do examine the Matter; and report the same, with their Opinion therein, to the House:

And it is referred to Mr. Monckton, Mr. Osborne, Mr. Colt, Sir John Ellwell, Mr. Hammond, Mr. Boyle, Lord Pawlett, Mr. Moyle, Mr. Lowther, Sir Godfrey Coply. Mr. Baldwyn, Mr. Harrison, Sir John Keye, Mr. Lampton, Mr. Blofeild, Mr. Thornhaugh, Mr. Arnold, Mr. Foley, Mr. Blake, Mr. Bertie, Mr. Mountstevens, Mr. Morgan, Mr. Fleming, Mr. Taylor: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Abuses in Fleet Prison.

A Petition of Tho. Cudmore Esquire, Tho. Finch and Francis Jones Gentlemen, Prisoners in the Fleet Prison, was presented to the House, and read; setting forth, That the Petitioners, amongst others, having lately presented a Petition to this Honourable House, complaining against Mr. Ford, pretended Warden of the Fleet, for which Mr. Ford turned Thomas Finch and Francis Jones on the common Side; and, the same Night, Thomas Stone, one of the said Ford's Agents, came armed into Thomas Cudmore's Chamber, and without any Provocation, broke his Head: And praying Relief.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the poor Prisoners, confined in the Prison-houses of the King's Bench and Fleet, is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Whitborne Rectory.

An ingrossed Bill, from the Lords, intituled, An Act to annex the Rectory of Whitborne, in Herefordshire, to the Bishoprick of Hereford, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Sir Henry Dutton Colt, Sir Marm. Wyvell, Mr. Baldwyn, Mr. Foley, Mr. Colt, Sir Robert Cotton, Mr. Lampton, Mr. Brotherton, Mr. Fleming, Mr. Gery, Mr. Mounstevens, Mr. Bromley, Mr. Palmes, Mr. Bertie, Mr. Sherrard, Mr. Morgan, Mr. Rowney, Mr. Egerton, Lord Conningsby, Lord Norris, Sir Joseph Tyley, Sir John Trevillian, Mr. Bickerstaffe, Mr. York, Mr. Arnold, Mr. Mawdit, Sir John Turner, Mr. Sloan, Mr. Frewen, Mr. Thompson, Mr. Baldwyn, Sir Tho. Travell, Mr. Phillips, Mr. Machell; and all that serve for the County of Hereford: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Linen Manufacture.

A Petition of the Borough-reeve, Constables, Merchants, Tradesmen, and other chief Inhabitants, of Manchester, in the County of Lancaster, was presented to the House, and read: Praying, That Provision may be effectually made for the Encouragement of the Linen Manufacture in the said Town.

Ordered, That Leave be given to bring in a Bill, upon the said Petition, for the Encouragement of the said Linen Manufacture: And that Mr. Norris and Mr. Mawdit do prepare, and bring in, the Bill.

Hornby's Creditors.

Mr. Tredenham reported, from the Committee, to whom the Petition of the Creditors of Joseph and Nathaniel Hornby, on behalf of themselves, and others of the Creditors of the said Joseph and Nathaniell, 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 was read; and is as followeth; viz.

That it appeared to the Committee, by the State of the Accounts extracted out of the Books of Joseph and Nathaniell Hornby, attested by their Servant, and admitted by the Petitioners, That the Total of their Debts was 64,300l. and that so many of the Creditors as exceeded Two-thirds in Number and Value, and whose Debts amounted to 52,752l. had subscribed and complied with an Instrument of Agreement, which was in Part executed, and Two Shillings in the Pound Dividend paid to such as would accept it; and the same Proportion lies ready for all the rest of the Creditors.

That there is about 5,305l. 16s. 8d. due to several Creditors who have not signed the Agreement, some whereof are willing now to agree; likewise owing to Guardians and Executors, and to Companies, upon Account of Trade, 6,243l.; who cannot comply with the said Agreement for want of a Power; the principal whereof were present, and consenting, as far as in them lay.

Several of the principal Creditors appeared at the Committee; where the Instrument of Agreement was read; and they all concurred, That the Motive which induced them to subscribe it, arose from the Advantage they thought it would give to all the Creditors in general; and that they did apprehend it to be made bona fide, and without any Fraud, on the Part of the said Hornbys.

This was affirmed by Mr. Hooper, Mr. Upton, and Mr. Edgbury, Trustees nominated for the Creditors in the Agreement; and likewise by Sir George Rook and Doctor Onely, Two of the principal of them.

That the Committee did likewise read the Petition signed by Sir John Buckworth, and others: Sir John Buckworth was present at the Committee; where he declared, That he did not join in the Petition with Design to obstruct any fair Overture which the Hornbys should make; and having, since the presenting, received an Account from Mr. Upton, one of the Trustees, how the Hornbys, by delivering up their Books, Bonds, and other Specialties, had evidenced the Candor and Honesty with which they acted, he did, in his own and the Gentlemens Names who signed that Petition, desire Leave to withdraw it, and were willing to be included in the general Agreement.

That there was only one Person, whose Name is Carpenter, and affirms himself to be Creditor for 1,100l. that appeared averse at the Committee to a Compliance with the general Agreement; though it was alleged, that he had often been pressed to accept of the same Terms with the rest of the Creditors; and that the Proportion of the Dividend lies ready to be paid him.

And that, upon the Whole, the Committee came to this Resolution:

Resolved, That it is the Opinion of this Committee, That the Composition and Agreement, made with the Creditors of Joseph and Nathaniell Hornby, was performed bona fide, and without Intention of any Fraud, on the Part of the said Joseph and Nathaniell Hornby; and that the said Agreement is for the Benefit of the Creditors.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the Composition and Agreement, made with the Creditors of Joseph and Nathaniell Hornby, was performed bona fide, and without Intention of any Fraud, on the Part of the said Joseph and Nathaniell Hornby; and that the said Agreement is for the Benefit of the Creditors.

Mr. Tredenham also acquainted the House, That he was directed, by the said Committee, to move the House for Leave to bring in a Bill upon the said Resolution.

Ordered, That Leave be given to bring in a Bill according to the said Resolution: And that Mr. Tredenham and Mr. Sloane do prepare, and bring in, the Bill.

Ordered, That it be an Instruction, That they do make some Provision for * Carpenter, one of the Creditors of the said Joseph and Nathaniell Hornby.

J. Smith's Estate.

Mr. Perry reported, from the Committee, to whom the Bill for Sale of Three Houses in Swan-alley, in Colemanstreet, late of Joseph Smith, deceased, for Payment of his Debts, with which the same Houses are chargeable, was committed, That they had examined and considered the same, and made some Amendments thereunto; 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.

R. Smith's Estate.

An ingrossed Bill from the Lords, intituled, An Act for the vesting several Lands, late belonging to Robert Smith Esquire, deceased, in Trustees, to be sold for Payment of his Debts, was read the Third time.

Resolved, That the Bill do pass.

Ordered, That Mr. Poultny do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the same, without any Amendment.

Malt Duties.

Mr. Clark from the Commissioners of Excise, according to Order, presented to the House an Account of what hath been received of the Duties upon Malt.

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

Malt-Duty Receipts: Malt-Duty Payments:
£ s. d.
Received at the Excise Office, London, on Account of the Duty on Malt, from 20th April 1697 to 11th Apr. 1698 £ s. d. Paid into the Exchequer 344,373 9 1
359,962 7 Paid for Salary, and Incidents in London 974 2
The Deficiency and Charges in recoining of 117,181l. 5s. 5d. of old hammered Money, will be near 13,578 10¼
Remaining still at the Mint in the Tower, to be recoined 1,036 17 7
Excise-Office, London, 18 April 1698. £ 359,962 7

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

Ordered, That an Estimate-Account be laid before this House, of the gross Produce of the Duty upon Malt, over and above what hath been actually received at the Excise-Office.

Ayre and Calder Navigation.

An ingrossed Bill to make the Rivers * * * *.

An ingrossed Clause was offered, as a Rider, That no Toll shall be charged upon any Boat for passing up and down the River, where the same is now navigable:

And the same was once read.

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

It passed in the Negative.

Resolved, That the Bill do pass: And that the Title be, An Act for making navigable the Rivers Ayre and Calder, in the County of York.

Ordered, That Sir John Kay do carry the Bill to the Lords; and desire their Concurrence thereunto.

Leave of Absence.

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

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

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

Call of the House.

Ordered, That the House be called over upon Saturday come Sevennight: And that such Members as shall not then attend be sent for in Custody of the Serjeant at Arms attending this House.

African Trade.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the Bill to settle the Trade to Africa.

Mr. Speaker left the Chair.

Mr. Norris took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Norris reported from the said Committee, That they had made a further Progress in the Matter to them referred; and had directed him to move, That they may have Leave to sit again.

Resolved, That this House will, upon this Day Fortnight, resolve itself into a Committee of the whole House, to consider further of the said Bill; and nothing to intervene.

Ordered, That Sir Nicholas Cripse, Sir Ralph Delavall, and Mr. Dickenson, be then heard at the said Committee, by their Counsel, if they think sit, upon their Petitions.

Russia Trade.

Ordered, That the Report from the Committee, to whom the Bill for encouraging and improving the Trade to Russia, . . . . . . . be made upon Wednesday Morning next.

Sa. Story.

Committees.

Ordered, That all Committees be adjourned.

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