House of Commons Journal Volume 10: 20 June 1689

Jovis, 20 die Junii; 1° Willielmi et Mariæ.

Prayers.

Woollen Manufacture.

A PETITION and Case of the Wool-combers and Makers of Worsted Yarn, in the Counties of Suffolk, Norfolke, Cambridge, the Isle of Ely, Huntington and Northampton, was read; setting forth, That the Petitioners employ several Thousands of Poor in their Trade, wherein great Abuses have, and may happen, by false and short Reeling of the said Yarn, to the publick Prejudice, and debasing the Manufacture: To prevent which, an Act was made 14° Car. II^di, for regulating the making the said Stuff; whereby (inter alia) such a Number of Wardens and Assistants of the Master Weavers of the City of Norwich, and County of Norfolk, had a Power granted them, to search for and seize all Worsted Yarn reeled false or short; and to lay a Fine upon such Yarns so defective, as a Jury, by the said Act, should fine, not exceeding the Moiety of the Value of the said Yarn: Which said Fines are to go to the Use of the Poor of that Trade, necessary Charges defrayed: That, notwithstanding the said Act, the Abuses above-mentioned are yet continued, and the publick Manufacture thereby extremely prejudiced; for the Spinsters, being numerous, and no ways liable to any Punishment for making their Work short or false, and having Choice of Masters, care not for the repeated Complaints of the Employers; herding together in Defiance of them: By which Means, most of the Yarns that come from their Hands is defective; and the Search of the Wardens and Assistants is either bought off, or winked at, by Favour of one or other of them: Or if, in case a Seizure be made, or a Fine passed, the Poor receive little or no Benefit thereby, most of it being swallowed up in Charges, or wasted in Treats, Compositions; and then the Yarn (though never so bad) is free to be sold, and often bought by the Wardens themselves, and made into Stuffs, to the great Damage of the whole Trade in general: To prevent which, the Petitioners prayed, 1. That they may be incorporated into a Trade of Wool-combing, and making of Worsted Yarn; and none occupy the same, but such as are Artists, and have served Seven Years Apprenticeship thereunto, or managed the said Trade for some time preceding: 2. That they may be impowered to punish the Spinsters by some corporal Infliction, or Penalty, to make a Satisfaction for not making or spinning the said Yarn as they ought, and are required to do; which will secure the Foundation of the whole Work, and prevent all future Mischiefs: 3. That if, after this, any Yarn shall be found defective, then, instead of laying a Fine thereon, the same may be cut to Pieces, and destroyed: Which will tend to a Consumption of Wool in general, prevent all Partiality in Searchers, deter Parties from the Offence, and secure a good Commodity, both of Yarn and Stuffs, to the whole Nation; which, as the Petitioners chief Desire, they referred it to the Consideration of the House.

Ordered, That the Petition do lie upon the Table, to be considered, when the Case of the Worsted Weavers, of Norwich comes before the House.

Bathurst's Estate.

Sir Jonathan Jennings reports from the Committee, to whom the ingrossed Bill, sent down from the Lords, intituled, An Act to enable Theodore Bathurst to make a Jointure for his Wife, and charge Monies upon Part of his Estate in Yorkshire, was referred; That the Committee had agreed upon several Amendments to be made in the Bill: Which he read in his Place, with the Coherence; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout; and afterwards, a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House; and are as followeth; viz.

Press 3, Line 29, Leave out "Two;" and insert, instead thereof, "Three."

Press 4, Line 15, Leave out "Two;" and insert, instead thereof, "Three."

Resolved, That the Bill be now read the Third time.

The Bill was read the Third time.

Resolved, That the Bill, so amended, do pass.

Ordered, That Sir Jonathan Jennings do carry up the Bill to the Lords, and acquaint them, that this House doth agree thereto, with such Amendments; and desire their Concurrence to the said Amendments.

Exeter Election.

A Petition of Hugh Speak, Esquire, was read; setting forth, That on the Sixth Instant was the Election for One of the Citizens for the City of Exon, in the room of Sir Henry Pollexfen, now Lord Chief Justice of the Common Pleas: That the Petitioner, and one Christopher Beale, Esquire, the now pretended Mayor, stood as Candidates; and the Petitioner had been then chosen, had not the said Bale bribed several Persons, and brought several out of Prisons and Alms-houses to give their Votes for him; many of them striking several that appeared to vote for the Petitioner; which caused a great Riot, and many of the Petitioner's Friends, that had Voices, went away, for Fear of Murder: Whereby the said Bale procured himself to be returned by Edward Seaward, the now pretended Sheriff, in Wrong to the Petitioner: And praying the House to appoint a short Day for him to make out his Suggestions.

Ordered, That the said Petition be referred to the Committee of Privileges and Elections; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.

Leave of Absence.

Ordered, That Mr. Grubb have Leave to go into the Country, for a Fortnight.

Mitchell Election.

Colonel Birch reports from the Committee of Privileges and Elections, to whom the Matter touching the Election of Burgesses to serve in this present Parliament for the Borough of Mitchell, in the County of Cornwall was referred, That the Case coming to be heard upon the Petition of Humphry Courtny, Esquire, against Charles Fanshaw, Esquire, Viscount Fanshaw, in the Kingdom of Ireland, touching the Election of a Burgess for Medeshall, alias Mitchell, in the County of Cornwall; a Proclamation was made, according to Custom, for the said Petitioner to attend, and prosecute his said Petition: But that the Petitioner, nor none for him, appeared: And that, thereupon, the Committee came to a Resolution: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That the said Petition, for want of Prosecution, be dismissed.

The said Resolution being read a Second time;

Resolved, That this House doth agree with the Committee, That the said Petition, for Want of Prosecution, be dismissed.

Mitchell Writ.

Ordered, That Mr. Speaker do grant his Warrant to the Clerk of the Crown, to issue out a new Writ, for the Electing a Burgess to serve in this present Parliament for the Borough of Mitchell in the County of Cornwall, in the room of Charles Lord Viscount Fanshaw, who was, the Thirteenth Day of May last, discharged from being a Member of this House.

Cardigan Election.

Colonel Birch reports from the Committee of Privileges and Elections, to whom the Matter touching the Election of a Knight of the Shire to serve in this present Parliament for the County of Cardigan was referred, The State of the Case, as it appeared to the Committee: Which he delivered in at the Clerk's Table, in Writing; and was there read; and is as followeth; viz.

Upon the Petition of John Vaughan, Esquire, against John Lewis, Esquire, the Sitting Member for the County of Cardigan;

For the Petitioner, The Counsel insisted, That whereas there are Two Coroners for the County of Cardigan, who ought to have made the Return, the Return was made by One of the Coroners; viz. Morris alone: And that, though there was an Agreement between the Candidates, that the Non-residents should not be polled, yet the Coroner polled them for Mr. Lewis; and refused to poll them for Mr. Vaughan the Petitioner: And that there was an Agreement to adjourn the Poll till Monday, yet the Coroner closed it on Saturday: and called in one of the Coroners.

Mr. John Price: Who said, Mr. Morris denied to seal up the Poll Books at the first Adjournment: And that it was agreed, that the Non-residents should be laid aside on both Sides: And Mr. Vaughan's Non-residents were sent out of Town: But, next Day, Mr. Lewis' Nonresidents were called, and admitted: That, on Saturday Night Mr. Lewis desired Seven of his Men to be polled, because they lived at some Distance; and it was agreed, after polling Seven of a Side, the Poll should be adjourned: That, afterwards, they polled above Seven a Side; but he went away, and Mr. Morris returned Mr. Lewis, without his Consent: That several Non-residents offered themselves to be polled for Mr. Vaughan, but were refused.

Mr. David Lloyd, Mr. John Jones, Mr. Walt. Lloyd, Mr. William Hughs, testified the Agreement about the Non-residents; and the sending away Mr. Vaughan's Non-residents; and the Agreement about the Adjournment of the Poll till Monday.

Then they called some Persons to prove that Mr. Lewis had polled some Persons not qualified:

John Thomas John: Who said, That James Evans, as he was informed, had Four Nobles a Year; Richard John about Twenty Shillings; David John Prees, some said Four Nobles, some Thirty Shillings.

John Jones said Wm. Evans is not a Freeholder, of Value, having not above Twenty-five Shillings a Year; David James had not Twenty Farthings a Year; Griffith Richards Twelve Shillings a Year; Hugh Williams no great Matter, cannot tell what.

For Mr. Lewis, the Sitting Member insisted, That the Election was carried on very fairly: That the Prince of Orange's Letter being delivered to Mr. Morris, the Coroner, he gave due Notice: and that the Poll began on Thursday, and continued till Saturday; which was sufficient for polling all that were polled in that County: That the Non-residents were polled on both Sides: That there was no Agreement for adjourning the Poll till Monday, after Seven were polled: and that Mr. Vaughan had polled Twenty, after such pretended Agreement: And called

Sir Carbery Price: Who said, He was present when the Prince's Circular Letter was read, and a Poll demanded: That the Second that cried out for Mr. Vaughan was Mr. Price; and that they polled on all alike: He cannot say any thing to the Agreement; but, as to the Nonresidency, they were polled on both Sides: That Mr. Moris made Proclamation, and sent to Mr. Vaughan twice; and would not close the Book till he had Mr. Vaughan's Resolution: He was upon the Place from the Beginning of the Election to the last; but heard no Agreement about the Non-residents, or for the Adjournment insisted on: That he saying to Mr. Vaughan, "We have "lost it for this time;" "No," says he, "you know "very well to the contrary, for I have lost it:" He thinks Mr. Morris behaved himself as he ought to do; but Mr. Preece behaved himself more like a Party than a Judge.

Mr. Price said, He was at the Election 17th January; and the Coroner demanded who stood, and the Candidates appeared to be Mr. Lewis and Mr. Vaughan: That one Side producing a Book, that Non-residents had no Votes; the other insisted, they had; so it was agreed, on both Sides, they should be entered down on both Sides: That John Phillips, and his Son, who were pretended to be refused polling, as Non-residents, for Mr. Vaughan, were polled: That, on Saturday Evening, it was proposed there might be an Adjournment to Cardigan by Mr. Vaughan; but did not hear Mr. Lewis or Mr. Moris consent: That when there was no more to poll, and they were pressing Mr. Moris that he would proclaim Mr. Lewis; Mr. Morris would not do it, till he had sent to Mr. Vaughan, to know if he had any more Men to poll: That he was one of the Messengers that were sent to Coroner Price, to join with Mr. Lewis, in the Return of Mr. Lewis; but, he said, he would not: That he knows of no Man that was rejected, that offered to poll, though he was there from first to last: That Mr. Morris made three Proclamations for Persons to come in to Poll; and afterwards, when Mr. Vaughan said, he would poll no more, they cast up the Books; and then proclaimed Mr. Lewis.

David Lloyd, Esquire, John Lewis, Esquire, Thomas Lloyd, Esquire, Charles Lloyd, Esquire, Wm. Powell, Esquire, all testified, That the Agreement upon a Dispute of the Right was, That the Non-residents should be put down, but entered as Non-residents.

Charles Lloyd, Esquire, said, The Method in carrying on the Poll was, if there was any Suspicion they had not Forty Shillings a Year, they should be sworn.

Mr. Morris, the Coroner said, Mr. Vaughan's Party making an Objection against Non-residents, he ordered his Clerk to put them down as such.

That, on Saturday, Mr. Vaughan said, He would poll All that Night; and thereupon they went to poll, and there were Twenty Men of Mr. Vaughan's Side, the last that were polled: That some would have had him proclaimed Mr. Lewis duly elected, but he would not till Mr. Vaughan had Notice; and then did not do it, till he had made Three Proclamations for Persons to come in; and none coming in, he cast up the Books, and proclaimed Mr. Lewis: That, as he remembered, there was 385 for Mr. Lewis, and 363 for Mr. Vaughan; and he numbered up the Non-residents on both Sides: That he never rejected any Person that would swear he was a Freeholder; and he swore any Person when desired.

That, upon the whole Matter, the Committee came to the Resolution following: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, is as followeth:

Resolved, That it is the Opinion of this Committee, That John Lewis, Esquire, is duly elected a Knight in the Shire to serve in this present Parliament for the County of Cardigan.

The said Resolve being read a Second time;

Resolved, That the House doth agree with the Committee, That John Lewis, Esquire, is duly elected a Knight of the Shire, to serve in this present Parliament for the County of Cardigan.

Privilege.

Ordered, That the Report, touching a Breach of Privilege, between Sir Richard Temple and Mr. Palmes, be made This-day-sevennight.

Leave of Absence.

Ordered, That Sir Edward Acton have Leave to go into the Country for a Month.

Ordered, That Mr.Miller have Leave to go into the Country, for Three Weeks.

Oaths taken by Officers in the Army.

An ingrossed Bill sent down from the Lords, intituled, An Act to regulate the Administration of the Oaths required to be taken by Commission or Warrant Officers, employed in their Majesties Service by Land, by virtue of an Act made this present Session of Parliament, intituled, An Act for the abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths; was read the Second time.

Resolved, That the Bill be committed to Sir Tho. Clarges, Sir Robert Davers, Mr. Serjeant Wogan, Mr. Christy, Sir Cha. Raleigh, Mr. Brewer, Sir Jonath. Jennings, Sir Fra. Drake, Sir Robert Cotton, Sir John Cary, Mr. Boscowen, Colonel Birch, Sir Christopher Musgrave, Mr. Gwyn, Mr. Done, Mr. Palmes, Mr. Guy, Mr. Hobby, Mr. Arnold, Sir Walter Moyle, Sir Matthew Andrews, Mr. Thorny, Mr. Foley, Sir John Guise, Mr. Niccolls, Sir Edward Hales, Mr. Buckly, Mr. Fenwick, Mr. Foster, Major Vincent, Mr. Bickerstaffe, Sir Wm. Honeywood, Mr. England, Mr. Leveson Gowre, Mr. Morgan, Mr. Williams, Sir Edward Harley, Sir John Doyley: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber.

Supply Bill; Coffee, Tea, &c.

A Bill laying an additional Custom upon Coffee, Tea, and Chocolate, was read the Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Resolved, That the House do, To-morrow Morning, resolve itself into a Committee of the whole House, to take the said Bill into Consideration.

Prohibiting Trade with France.

Ordered, That Leave be given to bring in a Bill to prohibit French Commodities.

Duty on Portugal and Spanish Wines.

Ordered, That the Commissioners of the Customs do, upon Monday Morning next, bring in to this House, an Account of what the Duties upon Portugal and Spanish Wines have amounted unto for the last Twenty Years.

Attainting several Persons.

Resolved, That Leave be given to bring in a Bill, to attaint of High Treason certain Persons who are now in Ireland, or any other Parts beyond the Seas, adhering to their Majesties Enemies, and shall not return into England by a certain Day.

A Bill for the Attainting of certain Persons of High Treason was read the First time.

Resolved, That the Bill be read a Second time.

Lords Amendment to Chancellorship Bill.

Resolved, That the Committee, to whom it was referred to prepare Reasons to be offered at a Conference with the Lords, touching the Amendments proposed to be made to the Bill for enabling Lords Commissioners of the Great Seal to execute the Office of Lord Chancellor and Lord Keeper, do manage the Conference this Day to be had with the Lords thereupon.

Then the Managers went to the Conference.

Sir Wm. Poultny reports from the Conference with the Lords, that the Persons appointed had attended the same; and delivered their Reasons, why they do not agree with the Lords, in the Amendments, by them proposed to be made, to the Amendments by this House proposed to be made to the Bill.

A Message from the Lords, by Sir Miles Cooke and Mr. Methwyn:

Supply Bill; Land Tax.

Mr. Speaker, We are commanded by the Lords to acquaint this House, That they do agree to the Bill, intituled, An Act for a Grant to their Majesties of an Aid of Twelve-pence in the Pound for One Year, for the necessary Defence of their Realms, without any Amendments.

Bathurst's Estate.

Also, That the Lords have agreed to the Amendments by this House proposed to be made to the Bill for enabling Theodore Bathurst to make a Jointure for his Wife, and to charge Monies on Part of his Estate in Yorkshire.

And then the Messengers withdrew.

Committees.

Ordered, That all Committees be revived; and sit this Afternoon.

Papers to be returned.

The House being informed, That in the Trunk of Writings which were taken with Mr. Brent, and which now remain before the Committee appointed to examine into the Matter of the Bailing of Mr. Brent, there are several Writings which concern the Estate of Sir Thomas Preston: And that Mr. Preston, a Member of the House, hath Occasion for them:

Ordered, That such Writings as relate to the said Sir Thomas Preston's Estate, be delivered to the said Mr. Preston, by Schedules to be made thereof, to remain with the Chairman of the Committee, and Clerk of the House; and to be forth-coming as the House shall require.

Burton and Graham's Accounts.

Ordered, That the Committee, to whom it was referred to examine the Cases of Mr. Burton and Mr. Graham, and other Prisoners in the Tower, Newgate, and Gatehouse; and other Matters referred to them; be revived; and do sit this Afternoon; and make their Report with all convenient Speed.

Preventing Export of Wool.

Ordered, That the Report from the Committee, to whom the Bill for preventing the Exportation of Wool was referred, be made on Saturday Morning next, at Ten of the Clock.

Rights of the Subject, and Settling the Crown.

The adjourned Debate, touching the Amendments proposed by the Lords to be made to the Bill for declaring the Rights and Liberties of the Subject, and settling the Succession to the Crown, was resumed.

The Clause A was read.

Resolved, That the Clause be committed: And it is referred unto Mr. Hamden, Mr. Finch, Mr. Sacheverell, Mr. Serjeant Wogan, Sir Edward Seymour, Sir Fra. Russell, Sir Tho. Clarges, Sir Wm. Poultny, Sir Henry Capell, Colonel Penruddock, Sir Christopher Musgrave, Mr. Smith, Mr. Christy, Colonel Austen, Sir Wm. Williams, Sir John Guise, Major Wildham, Lord Digby, Mr. Freke, Sir Jos. Tredenham, Sir Wm. Strickland, Sir Rob. Cotton, and all the Members that are of the Long Robe: And all that come are to have Voices: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber.

The last Amendment proposed by the Lords to be made to the said Bill, was 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.

Information concerning Declaration of late King James.

Sir John Guise acquaints the House, That several of the Declarations of King James the Second have been taken at Cambridge; and that there was one Thomas Fowler at the Door, to give an Account thereof.

Resolved, That he be called in.

He was called in; and was, at the Bar, examined concerning the same; and gave an Account, that they came down by Carriers in Boxes, directed to the Master of Queen's College, and Master of St. John's College:

And then withdrew.

But Sir Robert Sawyer, One of the Burgesses for the University, acquainted the House, That he had received Information, that the Boxes were both carried to, and now remain, with the Vice Chancellor.

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