House of Commons Journal Volume 11: 28 November 1696

Sabbati, 28 die Novembris;

8° Gulielmi Tertii.

Prayers.

Irish Arrears.

A PETITION of the Troopers of the Right Honourable the Lord Galwaye's Regiment of Horse was presented to the House, and read; setting forth, That, in 1692, the Petitioners Accounts, relating to their Irish Arrears, were made up, and signed, by their respective Captains; by which they were Debtors to some of the Petitioners 36 l. 30 l. and 20 l. a Man, to be paid at clearing the Regiment: That, in 1693, the Regiment was cleared, and Mr. Moreau, the Agent, who had the Money in his Hands, denied to pay the Petitioners; and, about Two Years after, the Captains agreed upon new Accounts, and reduced the First to little or nothing: And besides, the said Agent is indebted to the Petitioners, for the Off-reckonings, near 19 l. a Man; which he has received, yet denies to pay: All which the Petitioners have proved before the Commissioners of Accounts; and, last Session, petitioned this House for Relief; which was referred to a Committee; but the short Sitting of the Session did not permit to examine into it: And praying such Relief in the Premises as the House shall think fit.

Ordered, That the Lord Coningsby, and Lord Ranelagh, and Mr. Fox, do give the House an Account of the Matter of the said Petition, upon Wednesday Morning next.

African Company.

Mr. Blofeild, according to Order, presented to the House a Bill for settling and regulating the Trade to Africa: And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time, upon Monday Sevennight.

Griebe's Complaint.

Ordered, That Mr. Attorney-General, Mr. Stanley, Mr. Solicitor-General, Mr. Hoblyn, be added to the Committee, to whom the Petition of Mary Griebe is referred.

Privilege.

Colonel Wharton reported, from the Committee of Privileges and Elections, the Matter, touching the Complaint of a Breach of Privilege against Sir Isaac Rebow, a Member of this House, 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 was proved, by Simon Hawley, Edward Fendall, William Plumb, and John Borrett, That Sir Isaac Rebow had employed John Wheely in selling of Timber for him, and receiving his Rents, for Four Years last past; and did allow him a Salary: And

Mr. Borrett did say, He was sent from Sir Isaac Rebow to demand Wheely, being under Arrest; but the Bailiff, Mitchell, refused to deliver him; saying, He could not answer the same.

That it was alleged, on the other Side, That Mr. Wheely was a Housekeeper, and had several Employments: Which was not denied.

But that which was insisted on, by the Counsel of the Persons complained against, was, That Sir Isaac Rebow had declared, That he would not protect any Person from paying their just Debts.

And, for that, they called,

William Harvey and Wm. Aldrey: Who said, That they, with Mr. Loveny, about Two Years ago, went to Sir Isaac Rebow's House, to speak with him about the Business of Mr. Wheely: That Mr. Loveny proposed to refer it to Sir Isaac Rebow; but Sir Isaac would have Captain Reynolds, deceased, joined with him: And, upon that Occasion, Sir Isaac said, He would not protect Wheely, if he did not pay his just Debts.

And they likewise insisted, That Sir Isaac had spoke, to the same Effect, to Mr. Scolding, about Christmas last: But Mr. Scolding was not produced, being, as they alleged, very infirm.

That, thereupon, Sir Isaac Rebow produced,

Simon Hawley: Who said, He was present, when Mr. Scolding did make his Report to Sir Isaac Rebow, That he had settled the Debt at 15 l.: But he, the said Hawley, telling Sir Isaac, that Mr. Wheely had before offered the Debt and Charges; and Mr. Loveny insisted on the Penalty of the Bond; Sir Isaac said, That Mr. Loveny was an unreasonable Man; and therefore he would protect Wheely.

Hawley also said, That Mitchell, the Bailiff, told him, That Mr. Loveny had given him a Bond, to save him harmless, of the Penalty of 500 l.

And that, upon the whole Matter, the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That the Arrest of John Wheely, Steward to Sir Isaac Rebow, by Isaac Mitchell, at the Suit of Thomas Loveny, is a Breach of the Privileges of this House.

The said Resolution being read a Second time;

And a Motion being made, and the Question being put, That the House do agree with the Committee in the said Resolution, That the Arrest of John Wheely, Steward to Sir Isaac Rebow, by Isaac Mitchell, at the Suit of Tho. Loveny, is a Breach of the Privileges of this House;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Ordered, That the said John Wheely be discharged from the said Arrest.

Privilege of a Member in a Suit.

Ordered, That the adjourned Debate, upon the Matter of the Petition relating to Sir Stephen Evans, be further adjourned till Thursday Morning next.

Mitchell Election.

Ordered, That the Report from the Committee of Privileges and Elections, touching the Election for the Borough of Mitchell, in the County of Cornwall, be made upon Monday Morning next.

Commissioners of Accounts.

Ordered, That the Bill for examining, taking, and stating, the publick Accounts of the Kingdom, to commence from the Expiration of the present Commission, be read a Second time upon Monday Sevennight.

Regulating Elections.

An humble Representation and Address of the Mayor, and principal Inhabitants of the Borough of Shafton, in the County of Dorset, was presented to the House, relating to the Bill for the further regulating Elections of Members to serve in Parliament.

And a Motion being made, and the Question being put, That the Petition be read;

It passed in the Negative.

Ditto.

Another Petition from the Borough of Lyme Regis, in the County of Dorset, against the said Bill, was offered to be presented to the House:

And the Question being put, That the Petition be received;

It passed in the Negative.

Orders respecting the Fleet.

Sir Cloudesley Shovell, according to Order, presented to the House a Book of Copies of all such Orders as he received, in order to the joining Sir Geo. Rooke, for the intercepting the French Thoulon Squadron in getting into Brest.

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

Regulating Elections.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill for the further regulating of Elections of Members to serve in Parliament.

Mr. Speaker left the Chair.

Sir Richard Onslow took the Chair of the Committee.

Mr. Speaker resumed the Chair.

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

Ordered, That the Report be made upon Thursday Morning next, at Twelve a Clock.

Supply Bill; Coinage.

A Message from the Lords, by Sir Miles Cook and Sir John Franklyn

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act for the further remedying the ill State of the Coin of the Kingdom, with some Amendments: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

The said Amendments were read; and are as follow; viz.

2d Skin, 28 L. after "been," add "or shall be:" L. 29, instead of "18th Day of November," read "10th Day of December:"

2d Skin, last Line, and 3d Skin, 1st. L. for "18th Day of December," read "10th Day of January:"

3d Skin, 8 L. instead "of 18th Day of November," read "10th Day of December:"

19 L. instead of "10th Day of January," read "1st Day of February:"

30 L. for "18th Day of December," read "10th Day of January:"

4th Skin, 10th and 11th L. instead of "18th Day of November," read "10th Day of December:"

Resolved, That this House will, upon Monday Morning next, take the said Amendments into further Consideration.

Supply; Deficiencies of Funds.

Resolved, That this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider further of the Supply to be granted to his Majesty, for making good the Deficiencies of Parliamentary Funds.

Committees.

Ordered, That all Committees be adjourned.

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