House of Commons Journal Volume 12
10 January 1698

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History of Parliament Trust

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1803

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38, 39, 40

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'House of Commons Journal Volume 12: 10 January 1698', Journal of the House of Commons: volume 12: 1697-1699 (1803), pp. 38-40. URL: http://british-history.ac.uk/report.aspx?compid=39525 Date accessed: 20 September 2014.


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Lunæ, 10 die Januarii;

Nono Gulielmi Tertii.

Prayers.

STEPHEN Seignoret and Peter Rowviere took the Oaths appointed, in Order to their Naturalization.

Baker's Estate.

Mr. Farrer reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to vest in Sydenham Baker Gentleman an absolute Estate of Inheritance, in Fee-Simple, in a certain Rent, Messuages, Lands, and Hereditaments, in the County of Devon; and securing to John Baker Gentleman, and Henry Baker, an Infant, his Son, Monies, in lieu of their Claim thereunto; was committed; That they had examined and considered the same; and had directed him to report the same to the House, without any Amendments: And he delivered the same in at the Clerk's Table.

The Bill was read the Third time.

Resolved, That the Bill do pass.

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

Duties on Leather.

A Petition of the Cordwainers, Tanners, Curriers, Cardmakers, Glovers, and other Artificers working in Leather, within the Town and Parish of Leeds, in the West-Riding of the County of York, was presented to the House, and read; setting forth, That the Duty of 15 l. per Cent. lately laid upon Leather, hath not only proved a Detriment to all Artificers in Leather, but the Ruin of many 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.

Ditto.

A Petition of the Master, Wardens, Assistants, and Fellowship, of the Company of Glovers, of the City of London, was presented to the House, and read; setting forth, That, by means of the Duty laid on AlumLeather, their Trade is much decayed; their Markets forestalled, by Commodities of foreign Growth; and many of them are already reduced to great Hardships; and, if the said Duty be continued, it will unavoidably ruin their whole Trade: And praying Relief in the Premises.

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.

Preserving Inclosures.

Ordered, That Leave be given to bring in a Bill to make the Statutes of Edward the Ist, and Edward the VIth, against burning and destroying Inclosures, more effectual: And that Sir William St. Quintin and Sir John Bolles do prepare, and bring in, the Bill.

Committee of Privileges.

Ordered, That Sir Robert Cotton, Sir John Bolles, Mr. Watlington, Sir John Phillipps, Sir John Thorold, Mr. Yard, Mr. Baldwyn, Mr. Devereux, Mr. Hamond, Mr. Moncton, Mr. Henley, Mr. Sherrard, Mr. Palmer, Sir Tho. Roberts, Mr. Papillion, Mr. Fleming, be added to the Committee of Privileges and Elections.

Wearing Silks and printed Callicoes.

A Motion being made, and the Question being put, That Leave be given to bring in a Bill to restrain the Wearing of all wrought Silks, Bengals, Herba, and Stuffs mixed with Silk or Herba, of the Manufacture of Persia, China, or East-India; and all Callicoes, printed or stained out of this Kingdom;

The House divided.

The Yeas go forth.

Tellers for the Yeas' Sir Henry Hobart,
Mr. Cooper:
55.
Tellers for the Noes, Mr. Papillon,
Mr. Perrey:
37.

So it was resolved in the Affirmative.

Ordered, That Sir Henry Hobart and Mr. Blofeild do prepare, and bring in, the Bill.

Hammered Coin.

A Message from the Lords, by Sir John Hoskins and Sir Richard Holford:

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act to prevent the further Currency of any hammered Silver Coin of this Kingdom; and for recoining such as is now in being; and for the making out new Exchequer-Bills, where the former Bills are, or shall be, filled up by Indorsements; without any Amendments.

And then the Messengers withdrew.

Assize of Bread.

A Bill to regulate and ascertain the Assize of Bread was read a Second time.

Resolved, That the Bill be committed, upon the Debate of the House, to Mr. Boscawen, Mr. Heveningham, Mr. Arnold, Mr. Colt, Sir John Bolles, Mr. Perry, Mr. Gwynn, Mr. Whitaker, Mr. Mountague, Mr. Gardner, Mr. Foley, Mr. Cartwright, Mr. Morgan, Sir Fra. Masham, Mr. Dolben, Sir Tho. Roberts, Mr. Ashley, Sir Henry Colt, Mr. Bulkley, Sir Wm. Honywood, Mr. York, Sir John Ellwell, Mr. Gery, Sir Wm. St. Quintin, Mr. Blofeild, Mr. Methwin, Sir John Bucknall, Mr. Lowther, Mr. Lowndes, Sir Wm. York, Mr. Sandford, Mr. Farrer, Mr. Clarke, Mr. Phillipps, Sir Henry Gough, Mr. Thornhagh,; and all the Members that serve for London, Westminster, Surry, and Kent: And all that come are to have Voices: And they are to meet at Four a Clock this Afternoon, in the Speaker's Chamber.

Army Arrears.

A Petition of Francis Molyneux, in Custody of the Serjeant at Arms attending this House, was presented to the House, and read; setting forth, That the Petitioner's Accounts, as Agent to Duke Schomberg's Regiment, was audited in 1693, by Mr. Abbot; and there was then due to the Petitioner above 1,250 l.; of which he hath since received but about 265 l.: But upon Complaint last Session of Parliament against the Petitioner, by the Subaltern Officers, the Petitioner was ordered, by this House, to be prosecuted by the Attorney-General, and is ready to defend himself: And the former Complainants having made new Complaints to the said Duke, for Arrears, he has ordered Mr. D'Cardonnell, his Secretary, to re-audit the Petitioner's Accounts: In order to which, the Petitioner has delivered his Accounts to Mr. D'Cardonnell; and sent for his Book-keeper, Post, out of Yorkshire, who is come to assist in settling the said Accounts: And praying, That the House will so far consider his Case, that they will grant him his Liberty, subject to their further Order; that he may attend the adjusting his Accounts, before the said Mr. D'Cardonnell; or in any other Method, as the House shall think fit, so that his Innocency may appear.

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

And it is referred to Sir Marm. Wivell, Sir John Bolles, Mr. Tankerd, Mr. Norris, Sir Henry Colt, Sir Chr. Musgrove, Mr. Heveningham, Mr. Arnold, Colonel Granville, Mr. Hammond, Mr. Thornhagh, Mr. Bohun, Mr. Mountstevens, Sir Tho. Dyke, Colonel Godfrey, Mr. Kinaston, Mr. Cary, Sir Wm. Honywood, Sir Jos. Herne, Mr. Mountague, Sir Fra. Masham, Sir Edward Ascough, Mr. Aislaby, Dr. Oxenden, Lord Norris, Mr. Colt, Mr. Harrison, Sir Cha. Windham, Sir Wm. Hustler, Sir John Elwell, Mr. Gery, Mr. Gardner, Colonel Bierly, Mr. Thompson: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Ordered, That the said Mr. Molyneux be discharged out of Custody, according to his Petition, in order to attend the said Committee; paying his Fees.

Ordered, That the Consideration of the Petition of the Subaltern Officers and Troopers of his Grace the Duke of Sconberg and Leinster's Regiment of Horse, presented to the House on Friday last, 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.

Army Arrears.

A Petition of Katherine Lovelace, Administratrix to her Son-in-law, Captain Peircy Kirke, was presented to the House, and read; setting forth, That Mr. Richard Harnage Agent to the Marquis of Carmarthen's Regiment of Marines, refuseth to pay the Petitioner what is due to her, for her said Intestate's Pay; notwithstanding the Resolutions of this House the last Session of Parliament; and an Order for the Attorney and Solicitor General to prosecute him; And praying Relief in the Premises.

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

Supply.

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

A Message from the Lords, by Sir John Hoskins and Sir Richard Holford:

Mr. Speaker,

Counter's, &c. Imprisonment.

The Lords have agreed to the Bill, intituled, An Act for continuing the Imprisonment of * * * Counter, and others, for the late horrid Conspiracy to assassinate the Person of his Sacred Majesty, with an Amendment: To which Amendment they desire the Concurrence of this House.

And then the Messengers withdrew.

Preventing Correspondence with late King James.

Sir William Williams reported from the Committee appointed to draw up Reasons, to be offered at a Conference with the Lords, for disagreeing to one of the Amendments, made by the Lords, to the Bill, intituled, An Act against corresponding with the late King James, and his Adherents, That they had drawn up the same accordingly; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were twice read, and agreed unto by the House: and are as follow, viz.

Amendment, 4th Skin, 22 Line, after "Treason" leave out to "and," in the 29th Line.

This Amendment leaves out the whole Clause in that Part of the Bill.

Which Clause is in these Words following:

"And be it Declared and Enacted, by the Authority aforesaid, That all and every Person and Persons, who shall hereafter be accused, indicted, or prosecuted, for any thing made or declared Treason by this Act, shall be intitled to the Benefit of the Act of Parliament, made in the 7th Year of his now Majesty's Reign, intituled, An Act for regulating of Tryals in Cases of Treason, and Misprision of Treason."

This Bill being to create and make new Treasons, and to enact, Persons so offending, being lawfully convicted, to be adjudged guilty of High Treason, and to suffer and forfeit as in Cases of High Treason, ought in Justice to secure, That all Persons who shall be accused, indicted, or prosecuted, upon this new Law, for High Treason, shall have the same Benefit of all just and equal Means for Defence of their Innocency, in these Cases, which Offenders are to have in Cases of High Treason, before the Making of this Law, by the Act for Regulating of Tryals in Cases of Treason.

And to prevent and avoid Questions and Doubts that may happen to arise upon the Construction of this Law, in such Cases; The Commons are of Opinion, it is most safe, if not necessary, to continue in the Bill this declaratory Clause, that there may be no Occasion given, or Room left, for any Court or Minister of Justice, to raise such Doubts or Questions upon the Constructions of these respective Laws hereafter.

These are the Reasons and Inducements the House of Commons had for disagreeing to this Amendment.

Resolved, That a Conference be desired with the Lords, upon the Subject-Matter of the said Amendment.

Ordered, That Sir Wm. Williams do go to the Lords, and desire the said Conference.

Counter's, &c. Imprisonment.

Then the House proceeded to take into Consideration the Amendment made by the Lords, to the Bill, intituled, An Act for continuing the Imprisonment of * * * Counter, and others, for the late horrid Conspiracy to assassinate the Person of his Sacred Majesty.

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

At the End of the Bill add, Clause A; "Be it further Enacted, by the Authority aforesaid, That all and every Person or Persons who shall voluntarily come in, and plainly detect any Plots or Contrivances framing against his Majesty's Life or Person, shall have the Protection of both Houses of Parliament, if a Parliament be then sitting."

And the said Amendment being read a Second time;

And the Question being put, That the House do agree with the Lords in the said Amendment;

It passed in the Negative.

Ordered, That a Committee be appointed to draw up Reasons, to be offered at a Conference with the Lords, for disagreeing with their Lordships in the said Amendment.

And it is referred to Mr. Sloane, Sir John Elwell, Dr. Oxenden, Mr. Manly, Mr. Price, Sir Eliab Harvy, Sir Cha. Sidley, Mr. Gwynn, Sir John Ernley, Mr. Cornwallis, Mr. Bertie, Mr. Bromley, Sir Tho. Davall, Mr. Nicholas, Lord Cutts, Sir John Bolles, Mr. Dolben, Mr. Clark, Mr. Brotherton, Sir Sam. Barnardiston, Mr. Blofeild, Mr. Norris, Mr. Rowney, Mr. Ashley: And they are to meet this Afternoon, at Four a Clock, in the Speaker's Chamber.

False indorsing Exchequer Bills.

Resolved, That this House will, upon Wednesday Morning next, proceed in the further Examination of the Matter touching the false Indorsement of Exchequer Bills.

Ordered, That Mr. Darby and Mr. Marryott, in the Custody of the Serjeant at Arms, be brought to this House on Wednesday Morning next.

Ordered, That Mr. Tayler, Mr. Crawford Counsellor at Law, Mr. William Clayton, and Mr. * Porter, do attend this House upon Wednesday Morning next.

Ordered, That Mr. Mosell, Mr. Henry Lloyd, and Mr. Benja. Levy, do attend this House upon Wednesday Morning next.

Preventing Correspondence with late King James.

Sir William Williams reported, 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 against corresponding with the late King James, and his Adherents, the Lords do agree to a Conference, immediately, in the Painted Chamber.

Ordered, That the Committee who drew up the Reasons do manage the Conference.

And the Managers went to the Conference.

And, being returned;

Sir William Williams reported, That the Managers had attended the Conference, and given the Lords the Reasons for disagreeing to the said Amendment; and had left the Bill and Amendments with the Lords.

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