House of Commons Journal Volume 12: 8 February 1699

Mercurii, 8 die Februarii;

10° Gulielmi Tertii.

Prayers.

Bill ingsgate Fish Market.

A PETITION of several Fishermen of the Town of Barking, in the County of Essex, in behalf of themselves, and many others, was presented to the House, and read; setting forth, That the Petitioners labour under great Oppressions, by the Impositions for bringing their Fish to Billingsgate Market, contrary to Custom: and their Vessels are often damaged, by great Vessels crushing them in the Dock, besides which, the Fishmongers combine together; so that but Two buy up Fish for the whole Company; and they molest poor Men and Women for buying Fish at the said Market; to the great Discouragement of the Petitioners: And praying, That the Bill, depending in the House, for making Billingsgate a free Market for Sale of Fish, may pass; so that the Petitioners may be relieved from the Grievances aforesaid.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Making Militia more useful.

Ordered, That Mr. Winnington, Sir Willoughby Hickman, Mr. Foley, Mr. Harcourt, Mr. Blofeild, Sir Henry Pickering, Mr. Barnardiston, Mr. Shackerley, Mr. Thornhagh, Sir Richard Farrington, Sir Robert Eden, Mr. Campion, Mr. Cook, Mr. Harley, Lord Cornbury, Mr. Yates, Mr. Henley, be added to the Committee, to whom it is referred to prepare, and bring in, a Bill to make the Militia more useful.

St. Piere's Nat.

Mr. Carter reported from the Committee, to whom the Bill for naturalizing James St. Piere was committed, That they had made an Amendment 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 was twice read; and, upon the Question put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendment, be ingrossed.

Sibourg's Nat.

Mr. Cook reported from the Committee, to whom the Bill for naturalizing Charles de Sibourg was committed, That they had made some 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.

Abuses in King's Bench and Fleet Prisons.

A Petition of Henry Glover Esquire was presented to the House, and read; setting forth, That the Petitioner hath an undoubted Right to the Office of Marshal of the King's Bench Prison, during his Life, under a great yearly Rent, for which he paid 2,000 l. and, in 1681, he was admitted Marshal, and continued in Possession till 1686, when Sir Robert Wright coming to be Chief Justice, upon a bare, though false, Information, That the Petitioner intended to carry away the King's Prisoners (viz. Sir Sam. Barnardiston, Sir Trevor Williams, Sir Tho. Pilkington, and others) without Notice to the Petitioner; swore Mr. Cook Marshal; thereby divesting the Petitioner of his Freehold, to his utter Ruin: That, in 1687, the said Lord Chief Justice swore in Philpott and Briggs to be Marshal, in Trust for one Farrington; who, in May 1696, sold the said Office to George Taylor for 2,000 l. and, by the unjust Proceedings aforesaid, the Petitioner is still kept . . . of the Possession of his Office, and can have no Relief by any legal Course of Law: And praying, therefore, the Relief of this House, That he may be restored to his said Office; or that the same may be liable to make him such Satisfaction as the House shall think fit.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of John Goodall is referred; and who are to inquire into the ill Practices and Abuses of the Prisons of the King'sBench and Fleet: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Ditto.

A Petition of John Clements Gentleman was presented to the House; and read: setting forth, That the Petitioner is a Trustee for divers Persons, in a Mortgage of the Office of Warden of the Fleet, dated 3d May 1678, for the Sum of 2,299 l. That by Act of Parliament, the said Office was vested in Trustees, to be sold, for Payment of the Debts thereon; which was accordingly sold; but there was not above 250 l. paid of the Principal and Interest of the said 2,299 l. And praying to be heard before the Committee, to whom it is referred to inquire into the Abuses and ill Practices of the Fleet and King'sBench Prisons.

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

Claims for Prizes.

Mr. Parkhurst, from the Commissioners of Prizes, presented to the House their Answer to the Matter of the Petition of Captain Robert Fairfax.

And the Title thereof was read:

And the Answer is as followeth; viz.

To the Honourable the Knights, Citizens, and Burgesses, in Parliament assembled:

The principal Commissioners for Prizes Answer to the Petition of Captain Robert Fairfax.

About May 1697, The Great Gustavus loaded with Wines, &c. in France.

Latter-end of June 97, Was seized by the Cornwall, Captain Fairfax Commander.

July 2d, 1697, Brought into Plymouth.

22 September 1697, All the Goods condemned, except 133¾ Tuns Three Half-Hhds. and Eight Tierces of Wine, 20 Pieces and Half a Hhd of Brandy, 22 Pieces of Molasses, 20 Fats of Prunes, 4 Tuns of Honey, 1 Tierce of Vinegar, 2 Nut-tree Planks, 4 Reams of Paper, 2 Boxes of Sweatmeets, Nine Cask of Frontineack Grapes, and 10 Cask of Rice.

Claims for Prizes.

25 September 1697, An Order sent down to unload, inventory, and appraise, the said Goods so condemned.

12 October 1697, The Ship, and all the Goods excepted in the former Sentence, restored, by Decree of the High Court of Admiralty as belonging and appertaining to the Subjects of the most Serene King of Sweden, except 32¾ Tuns of Town and High Country Wine, claimed by Elias and Charles Mandell.

14 October 1697. An Order was sent down for their being discharged accordingly.

6 November 1697, A Certificate returned, that the Quantity of Goods landed out of her, when filled up, were; viz.

213 Hhds. 1 half Hhd. of White Wine.

51 Hhds. of Claret.

26 Hhds. of Stum.

36 Pieces of Brandy.

5 Hhds. and 40 half Hhds of Vinegar.

57 Puncheons of Prunes.

28 Hhds 19 Barrels of Turpentine.

1 Cask of Cocoa.

7 Hhds. of Peas.

5 Casks and 63 Cakes of Rosin,

10 Bales of Paper.

207 Walnut-tree Planks.

16 November 1697, There was an Appraisement returned of the same Quantity; which Appraisement was made upon the Oaths of Five Men, One of whom was the Collector of the Customs at Plymouth.

9 December 1697 The 32¾ Tuns of Wine, formerly excepted in the Decree of Restitution, condemned.

14 December 1697. An Order sent down to unload, inventory, and appraise, the same; but the Sub-commissioner advised the Ship was gone away with them, before the said Order came to his Hands: Whereupon the Commissioners deducted the Value out of the Freight, at the same Price the rest were sold; which Sum is also made good in the Account.

10 December 1697. The said Goods were put up for Sale, by Inch of Candle, as the Act of Parliament for the Encouragement of Privateers directs, after due Notice given, as well in London, as in Plymouth, where the Goods then lay; and were all sold then, with Advance upon the Appraisement to the Persons, and at the Prices, mentioned in the Account, except the Vinegar, Turpentine, Stum, Molasses, and Rosin; for which nothing was then bid, they being over appraised.

22 December 1697. The said Vinegar, Turpentine, Stum, Molasses, and Rosin, were again put up for Sale, by Inch of Candles, at a lower Rate; and then sold to the Persons, at the Prices mentioned in the Account.

28 January 169⁷/8. A Return was made of the Delivery of the Goods following, to the Buyers; viz.

210 Hhds. White Wine.

53 Hhds. of Claret.

24 Hhds. of Stum.

36 Pieces of Brandy.

40 Puncheons of Molasses.

57 Puncheons of Prunes.

5 Casks and 63 Cakes of Rosin.

28 Hhds. 19 Barrels of Turpentine.

7 Hhds. of Peas.

1 Cask of Cocoa.

10 Bales of Paper, containing 100 Reams. And afterwards another of,

4 Hhds. 36 Half Hhds. of Vinegar.

207 Walnut-tree Planks.

3 June 1698. A Certificate returned of the Quantities of Goods landed out of her, before they were filled up, by which the Freight was paid; being, viz.

44 Pieces of Brandy.

40 Puncheons of Molasses.

57 Puncheons of Prunes.

10 Bales of Paper.

207 Walnut-tree Planks.

47 Casks of Turpentine.

5 Casks and 63 Cakes of Rofin.

1 Hhd. of Cocoa.

Note, Their Loss in Quantity proceeds from their so long lying on board; whereby the Hoops were rotted, and some of them flying, occasioned great Leakage; so that a great Part of them came out but a Quarter, others One 3d, full; and, in general every one of them wanting considerably of being full; so that it took up about 15 Tuns of Wine and Stum, and 8 Pieces of Brandy, to fill up the rest; for which the Commissioners were obliged to pay Freight, it being always the Custom of Merchants so to do.

The Loss between Filling up and Delivery is not a Tun; which is but small Leakage, considering the Time they had lain in the Cellars, and the Waste in Tasting in order to the Sale, &c.

Note further, From the first coming in, till she was, delivered there was always Waiters on board, as well for the Custom-house, as Excise and Prize-Office, and Locks kept on the Cellar-doors, by all Three Sets of Officers, until the Delivery to the Buyer; which was in Presence of them all; and the Quantities, by all their Accounts, agreed to be as made good.

There was also Directions always given, that the Captains, or their Agents, might put a Waiter or Waiters on board, join One or Two Appraisers in the Appraisements, be present at the Sale, and put Locks on the Cellar-doors until Delivery, if they were so pleased.

It may be further observed, That the 4 l. 5s. per Tun, with the Customs, makes near 32 l. per Tun; and That for Wines lying at Plymouth, which is, at least, 10 l. per Tun Difference from the Markets at London; which, if considered, is a good Price for such Wines, that had lain so long in a perishing Condition; which rendered some of them eager, and the rest palled and decayed, for want of being filled up.

It is alleged, in the Account given in by the Captain, That there is 49 Tuns of Wine wanting; which cannot be; for the whole Charge, by the Bills of Lading, is but 120 Tuns One Tierce; and the Commissioners make good, in their Accounts, 104½ Tuns; so there can be wanting but about 15 Tuns in all; which is not much to be admired, was used for filling up, for the Reasons aforesaid; and not only the Sweeds Seamen, who continued long on board, as well as all the Waiters, Men of War's Men, &c. could not be kept from drinking, whilst in their Power.

And as to the Rosin alleged to be wanting; it is to be believed, was contained in the 5 Hhds. for there was no Hogsheads mentioned in the Bills of Lading; and there is made good 63 Cakes and 5 Hhds; which cannot reasonably be thought but to make out the 100 contained in the Bill of Lading.

There is no Paper wanting; for there is but 10 Bales condemned; and the same Quantity is made good in the Account.

The like for the Molasses; there being but 40 Puncheons in the Bill of Lading condemned; and the same Quantity is made good in the Account.

The Brandy, which is a leaky and wasting Commodity, it appears, that all the Cask condemned were landed, but One; and, when filled up, made no more than was made good in the Account.

And as to the Walnut-tree Planks; there was no more found on board than the 207 made good in the Account.

As to the Difference in the Freight, and Cap-cloth, they have cast it up but at 4s. 6 d. per Rix-Dollar, whenas a Rix-Dollar was worth then 5s. by the Course of Exchange; as eminent Merchants on the Exchange can testify; who gave their Opinions accordingly, before the Freight was adjusted: Besides, it is not considered, that the Goods are to bear ²/3 of Port-Charges; which is likewise not included in the Captain's Account.

Dated 7th February 1698.

Robert Murray,
Jo. Parkhurst,
John Paschall.

Ordered, That the Consideration of the said Petition, and Answer, be referred to the Committee, to whom the Petition of Captain Crow is referred.

Privilege.

Ordered, That Sir John Williams have Leave to withdraw his Complaint of a Breach of Privilege against him committed by Robert Jones, and others.

Aylesbury Writ.

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, to amend the Return for the Borough of Aylesbury, in the County of Bucks.

Ships Margaret and Friendship.

An ingrossed Bill for the Ships Margaret and Friendship to trade as free Ships was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the Ships Margaret and Friendship, of Bristoll, to trade as free Ships.

Ordered, That Mr. Yate do carry the Bill to the Lords, and desire their Concurrence thereunto.

Price's Estate.

Mr. Price, according to Order, presented to the House a Bill to enable Edward Price Esquire to transfer a Charge of One thousand Pounds, for the Use of his younger Children, from an Estate in the County of Montgomery, to an Estate in the Counties of Hereford and Radnor, of a better Value: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Meure's, &c. Nat.

Ordered, That Leave be given to bring in a Bill to naturalize Abraham Meure, and others: And that Mr. Lowther do prepare, and bring in, the Bill.

Ordered, That it be an Instruction, That he do take care, in the said Bill, that the said Persons shall not be capable of electing, or being elected, to serve in Parliament.

Ordered, That it be an Instruction also, That he do take care, in the Bill, that the said Persons shall . . . . be any Part of the 7,000 Men mentioned in the Act for granting an Aid to his Majesty for disbanding the Army, and other necessary Occasions.

Call of the House.

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

Poor Laws.

Mr. Hammond reported from the Committee appointed to consider of Ways for the better providing for the Poor, and setting them on Work; and who were to consider of all the Acts relating to the Poor, and of reducing the same into One Law; and report their Opinion therein to the House; That they had considered the same, and inspected the Laws accordingly; and had directed him to move the House, That Leave may be given to bring in a Bill, that shall comprehend all the said Laws.

Ordered, That Leave be given to bring in a Bill comprehending all the former Laws; and for the better providing for the Poor: And that the said Committee do prepare the said Bill.

Billingsgate Fish Market.

A Bill for making Billingsgate a free Market, for Sale of Fish, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Sir Tho. Davall, Mr. Cholmondly, Sir Robert Clayton, Mr. St. John, Colonel Perry, Sir Henry St. John, Mr. Hancock, Mr. Cook, Sir Wm. Drake, Sir Robert Cotton, Sir Robert Davers, Sir Henry Ashurst, Mr. England, Mr. Fox, Mr. Lowther, Sir Isaac Rebow, Mr. Winington, Mr. Hayes, Mr. Mordant, Sir Wm. Ashurst, Mr. Heveningham, Mr. Hoblyn, Mr. Brotherton, Mr. Gott, Mr. Poultney, Sir Rowland Gwynn, Mr. Shackerly, Mr. Duke, Mr. Thursby, Mr. Johnson, Sir Jacob Ashley, Mr. Scobell, Sir Richard Onslow, Mr. Tilney, Sir Hen. Pickering, Sir Cha. Hedges, Mr. Jervoise, Mr. Pierpoint, Mr. Traverse; and all that serve for the Counties of Norfolk, Suffolk, Kent, Sussex, and Essex: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.

Ordered, That the Consideration of the Petitions, which have been presented to the House, and were ordered to lie upon the Table until the said Bill was read a Second time, be referred to the said Committee.

Ordered, That the City of London, and Company of Fishmongers, be heard, by their Counsel, before the said Committee.

Ordered, That it be an Instruction to the said Committee, That they do take care, in the said Bill, for the Preservation of the Fry of all Floating and Shell-fish.

Ordered, That the said Committee have Power to send for Persons, Papers, and Records.

Supply.

Resolved, That this House will, upon Friday Morning next, resolve itself into a Committee of the whole House, to consider further of the Supply to be granted to his Majesty.

Resolved, That this House will, upon every Tuesday, Thursday, and Saturday, Morning, at a Eleven a Clock, resolve itself into a Committee of the whole House, to consider of the Supply to be granted to his Majesty.

Woollen Manufacture.

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 encourage the Woollen Manufacture in England; and to restrain the Exportation of Woollen Manufactures from Ireland into any foreign Parts; and for the better preventing the Exportation of Wool from England and Ireland.

Mr. Speaker left the Chair.

Sir Joseph Tredenham took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Joseph Tredenham reported from the said Committee, That they had gone through the Bill, and made several Amendments thereunto; which they had directed him to report, when the House will please to receive the same.

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

Committees.

Ordered, That all Committees be revived.

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