House of Commons Journal Volume 10: 28 November 1689

Jovis, 28 die Novembris 1° Gulielmi et Mariæ.

Prayers.

Leave of Absence.

ORDERED, That Sir John Morgan have Leave to go into the Country, to his Command, for a Month.

Privilege- a Person petitions for Discharge.

A Petition of Paige Robinson, in Custody of the Serjeant at Arms attending this House, was read; settingforth, That he was so committed for giving and taking Bribes; whereby he hath justly incurred the Displeasure of the House (for which he is heartily sorry, acknowledging his Offence in so doing); it being at the Election of Stockbridge in the County of Southampton: And praying to be discharged out of Custody, and from the Charge of his Confinement.

Ordered, That Paige Robinson be discharged out of Custody; paying his Fees.

And he was called in to the Bar, and severely reproved by Mr. Speaker; and discharged accordingly.

Cane Chairs, &c.

Colonel Sackvile reports from the Committee appointed to consider of the best Way for improving the Silk and Woolen Manufactures of this Kingdom, That they had agreed upon a Bill for the prohibiting the making or selling of Cane Chairs, Couches, and Squabs: And presented the Bill to the House.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Dartmouth Election.

Mr. Grey reports from the Committee of Elections, to whom the Matter, touching the Election of a Burgess to serve in this present Parliament, for the Borough of Clifton Dartmouth Hardnesse in the County of Devon, the State of the Case, as it appeared to the Committee: The which he produced in Writing; and delivered the same in at the Clerk's Table: And the same was there read; and is as followeth;

Upon the Petition of Joseph Herne, Esquire, against the Election and Return of George Booth, Esquire, a Burgess for the Borough of Clifton Dartmouth Hardnesse, in the County of Devon.

That it appeared, the Right of Election was in the Freemen of the said Borough: And that the determining the present Election depended upon the Allowing, or not Allowing, of the Voices of Twenty-five Freemen made Seventeenth of August last, whereof Twenty-four voted for Mr. Booth, the Sitting Member: And if those Twentyfour were not good Voices, the Majority was agreed to be with the Petitioner.

And, as to the making the said Twenty-four Freemen, That the Fact was, That Mr. Boone, late Burgess for the said Borough, being dead; on the Thirteenth of August last, there was an Order of this House, for a new Writ to chuse a Burgess in his room. On the Sixteenth of August the Writ was Tested.

On the Sixteenth of August it was discoursed at Dartmouth, That Mr. Boone was dead: But Mr. Booth and Mr. Herne were not then particularly named to stand for Burgesses.

That, Seventeenth of August (being Saturday, no common Court Day), the Twenty-five Freemen in Question were made: But it was agreed the Mayor might call a Court any Day.

That it appeared, That the Freemen of the said Borough had been formerly made by the Consent of the Mayor, and greater Part of the Magistrates of the said Borough.

That, at the Time of making these Twenty-five Freemen, there were for the Town Five Magistrates, besides the Mayor; whereof Two, viz. Saunders and Kennycott, were unqualified for not taking the Oaths.

That, at the Making of these Freemen, there was present the Mayor, and Three Magistrates, viz. Mudd, Holdsworth, and Saunders: And that Mudd and Holdsworth protested against their making free: But Saunders agreeing with Mr. Witrow, who was then Mayor, the Mayor claimed his Casting Voice; and commanded Arthur Kelly, the Town Clerk, to swear them; who, though at first refused, yet at last did swear them.

That it appeared, Some of those Twenty-five Men, that were made Free, were Fifty-and-Six Years of Age.

That it was usual, when there was not sufficient Freemen for the Service of the Town, to make new Freemen: And that at this Time there were Fifty or Sixty Freemen.

That only Freemen are returned upon Juries; and upon one Jury, That but Eleven appeared; and the Mayor sent out for another Juryman.

That, upon the whole Matter, the Committee came to several Resolutions: Which the said Mr. Grey read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were read; and are as follow, viz.

Resolved, That it is the Opinion of this Committee, That the said Twenty-five Freemen were not duly nor legally made.

Resolved, That it is the Opinion of this Committee, That George Booth, Esquire, is not duly elected a Burgess to serve in this present Parliament for the Borough of Clifton Dartmouth Hardnesse, in the County of Devon.

Resolved, That it is the Opinion of this Committee, That Joseph Herne, Esquire, is duly elected a Burgess to serve in this present Parliament, for the Borough of Clifton Dartmouth Hardnesse, in the County of Devon.

The First of the said Resolves being read a Second time;

Resolved, Nemine contradicente, That the House doth agree with the Committee, that the said Twenty-five Freemen were not duly nor legally made.

The Second of the said Resolves being read a Second time;

Resolved, Nemine contradicente, That the House doth agree with the Committee, That George Booth, Esquire, is not duly elected a Burgess to serve in this present Parliament, for the Borough of Clifton Dartmouth Hardnesse, in the County of Devon.

The Third of the said Resolves being read a Second time;

Resolved, That the House do agree with the Committee, That Joseph Herne, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Clifton Dartmouth Hardnesse, in the County of Devon.

The House being informed, that the Clerk of the Crown attended at the Door;

He was called in; and amended the Return for the said Borough, by striking out the Name of the said George Booth, and inserting the Name of the said Joseph Herne instead thereof.

Ordered, That Mr. Whitrow, late Mayor of Clifton Dartmouth Hardnesse, in the County of Devon, be sent for in Custody of the Serjeant at Arms attending this House, for his Misdemeanors touching the Election of a Burgess to serve in this present Parliament for the said Borough.

Privilege- a Member in custody petitions for discharge.

A Petition of George Churchill, now Prisoner in the Tower of London, was read; whereby he acknowledgeth his Offence; and that he hath justly suffered under the Displeasure of this House, by his said Imprisonment: And praying to be restored to the Favour of this House, and by their Order to his Liberty.

Ordered, That the said Geo. Churchill be discharged from his Imprisonment in the Tower.

Supply Bill; Land Tax.

Resolved, That the House do now resolve itself into a Committee of the whole House, to proceed in the Consideration of a Bill for granting to their Majesties an Aid of Two Shillings in the Pound for One Year.

Mr. Speaker left the Chair.

Mr. Solicitor General took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Solicitor General reports from the Committee of the whole House, That they had made some further Progress in the said Bill: And that they had directed him to move the House, that they may sit again To-morrow Morning: And that the Members of the several Counties may be ordered to bring in the Names of Commissioners for their respective Counties at that time.

Resolved, That the House do, To-morrow Morning at Ten of the Clock, resolve itself into a Committee of the whole House, to proceed in the further Consideration of the said Bill.

Ordered, That the Members of the several Counties do bring in the Names of the Commissioners, for their respective Counties, To-morrow Morning.

Ordered, That Mr. Attorney General and Mr. Solicitor General do, To-morrow Morning, bring in Commissioners Names, for the Assessing of the Middle Temple, and the Inns of Chancery thereto belonging, upon the Bill for granting to their Majesties an Aid of Two Shillings in the Pound for one Year.

Ordered, That Sir Robert Sawyer, Mr. Finch, and Mr. Foley, do, To-morrow Morning, bring in Commissioners Names, for the Assessing of the Inner Temple, and the Inns of Chancery thereunto belonging, upon the Bill for granting to their Majesties an Aid of Two Shillings in the Pound for one Year.

Ordered, That Mr. Hawles do, To-morrow Morning, bring in Commissioners Names for the Assessing of Lincolne's Inn, and the Inns of Chancery thereunto belonging, upon the Bill for granting to their Majesties an Aid of Two Shillings in the Pound for one Year.

Ordered, That Sir Wm. Williams do, To-morrow Morning, bring in Commissioners Names for the Assessing of Grey's Inn, and the Inns of Chancery thereunto belonging, upon the Bill for granting to their Majesties an Aid of Two Shillings in the Pound for one Year.

Ordered, That Mr. Serjeant Trenchard, and Mr. Serjeant Wogan do, To-morrow Morning, bring in Commissioners Names for the Assessing of the respectivè Serjeants Inns, upon the Bill for granting to their Majesties an Aid of Two Shillings in the Pound, for one Year.

Leave of Absence.

Ordered, That if any Member of this House do go out of Town without Leave of the House, that he be sent for by the Serjeant at Arms attending this House.

Defaulters to Call of the House.

Ordered, That all such Members who were Defaulters upon the last Calling over the House, do attend this House upon Monday next come Sevennight; upon the Penalty of being sent for in Custody of the Serjeant at Arms attending the House.

Committees.

Ordered, That all Committees be revived.