House of Commons Journal Volume 10: 3 May 1690

Sabbati, 3 die Maii; 2° Gulielmi et Mariæ.

Prayers.

Cinque Ports Elections.

THE House took into Consideration the Amendments made by the Lords to the Bill, intituled, An Act for declaring the Right of Election of Members to serve in Parliament for the Cinque Ports.

And the same, being twice read, were agreed unto by the House; and are as followeth;

1 Press, Line 14, after "Enacted," insert "by the King and Queen's Most Excellent Majesties."

Ordered, That Mr. Brewer do carry the Bill to the Lords; and acquaint them, That this House hath agreed to the said Amendments.

Southwarke Court of Conscience.

Mr. Bowyer reports from the Committee to whom the Bill for erecting a Court of Conscience for the Borough of Southwarke, and other Parishes within the Weekly Bills of Mortality, in the County of Surrey, was committed, That they had agreed to the Bill, with several Amendments: Which he read in his Place, with the Coherence; and afterwards delivered the same in at the Clerk's Table: Where they 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 Blanks being left in the Bill, for the Name of the Clerk, or Register and Beadle of the Court, to be inserted, to be filled up by the House;

A Petition of Thomas Prittyman, and others, was read; setting forth, That they had been at great Expence, by Endeavours to get an Act to pass for erecting a Court of Conscience in the Borough of Southwarke, and other Out Parishes in Middlesex, within the Weekly Bills of Mortality; and had prepared another Bill to offer to this House for that Purpose: But that, by Order of the House, a separate Bill was to be brought in for the said Borough alone; which is accordingly done, and ready to be reported from the Committee to whom the same was committed to this House: And praying, That the Petitioners, in Recompence of such their Expence and Trouble, they, or some of them, may have their Names inserted as Registers and Clerks, or Beadles in the said Courts.

Ordered, That the Petitioners have a proportionable Satisfaction from the Borough of Southwarke, for all Monies they have paid or laid out in relation to any former Bills for erecting a Court of Conscience for the said Borough, with any other Places: And that it be referred to Mr. John Gray to settle and ascertain the same.

Resolved, That the Blank for the Clerk or Register be filled up with the Name of "Robert Weston."

Resolved, That the Blank for the Beadle be filled up with the Name, "Gyles Haywood."

Then the Question being put, That the Bill with the Amendments be ingrossed;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Thetford Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom the Matter touching the Double Return and Election of Burgesses to serve in this present Parliament for the Borough of Thetford in the Counties of Norfolke and Suffolke, was referred, the Case, as it appeared to the Committee: Which he produced in Writing; and delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

That, upon the hearing the Merits of the Double Return and Election of Burgesses for the Borough of Thetford, it appeared to the Committee, That William Harbord, Esquire, and Sir Fra. Guybon, Knight, were returned by Edmund Rossall, Mayor, under the old Charter of 16° Queen Eliz.: And that Sir Joseph Williamson, and Adam Felton, Esquire, were returned by John Tyrrell, Mayor, under the new Charter: And that the Merits of the Election depended upon the determining which was the right Mayor.

That it was agreed the Right of Election was in the Mayor, Ten Capital Burgesses, and Twenty Commoncouncilmen.

That for Sir Jos. Williamson, and Mr. Felton, the Counsel insisted, That the Charter of 16 Queen Elizabeth, granted to the Borough of Thetford, and all other Charters and Immunities of the said Borough, were surrendered: And produced a Copy of the Surrender, dated 30th January, 34 Car. II^di, and the new Charter, 34 Car. II^di.

That, for Mr. Harbord, and Sir Francis Guybon, the Council insisted, That the Charter of 16 Eliz: was not duly surrendered, nor agreed to by the Majority of the Corporation: And called Witnesses: Who proved, That one Warmly Hetherset was elected Mayor: But John Wendham, the Mayor then in being, refused to swear him: Upon which several Mandamuses issued out of the King's Bench, for the Swearing of the said Hetherset: But afterwards the said Mendham, upon this Occasion, by disfranchising Three old Members, and admitting Two new ones (whereof his Son, a young Man about Seventeen or Eighteen Years of Age; and one Hobbs, who had not used to come to Church, and, upon this Occasion, received the Sacrament in a profligate Manner, by spitting the Bread out of his Mouth), procured a bare Majority for surrendering the Charter.

As to the electing a Mayor for Thetford, the Manner is thus:

The Common Council propose Two of the Capital Burgesses to the Inhabitants, out of which they elect the Mayor; and, in case of the Death or Removal of the Mayor, the Persons that have the Right of electing have a Power, within Eight Days after, to choose another; who is to be sworn before the Recorder, or his Deputy, and other Capital Burgesses, or the major Part of them.

In the present case, one Harper, who was chosen Mayor, dying soon after he was elected; and there being but Two Capital Burgesses by the old Charter then alive; the Common Council proposed to the Inhabitants the said Rossall, who chose him Mayor; and the Deputy Recorder refusing to swear him, the said Rossall was sworn by one Fokes, an Attorney, in the Presence of the Members of the old Corporation.

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

Resolved, That it is the Opinion of this Committee, That the Charter of 16 Queen Eliz. granted to the Borough of Thetford, is not duly nor legally surrendered.

Resolved, That it is the Opinion of this Committee, That Wm. Harbord, Esquire, and Sir Francis Guybon, Knight, are duly returned and elected Burgesses to serve in this present Parliament for the said Borough of Thetford.

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

Resolved, That the House doth agree with the Committee, That the Charter of 16 Queen Elizabeth, granted to the Borough of Thetford, is not duly nor legally surrendered.

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

Resolved, That the House doth agree with the Committee, That Wm. Harbord, Esquire, and Sir Francis Guybon, Knight, are duly returned and elected Burgesses to serve in this present Parliament for the said Borough of Thetford.

Ordered, That the Clerk of the Crown do attend upon Monday Morning next, to amend the Return of the said Borough.

Importing Thrown Silk.

Then the Order, for the House to resolve into a Committee of the whole House, to consider of the Bill for the discouraging the Importation of Thrown-silk, was read.

A Petition of several Merchants trading to Italy, was read; setting forth, That the Petitioners, long before this Sessions of Parliament, had given Orders to their Correspondents in Italy for several Quantities of Thrown-silk, whereof Part is far advanced on the Way by Land Carriage to the Ports, and Part hath been shipped a considerable time for London: And praying some Provision may be made in the Bill now before the House, for discouraging the Importation of Thrown-silk; That what is already shipped off, and on the Way as aforesaid, upon the Petitioners Account, may not be charged with any new Imposition.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the said Bill is committed.

Resolved, That Mr. Speaker do leave the Chair.

Mr. Speaker left the Chair.

Mr. Speaker resumed the Chair.

Resolved, That Mr. Harcourt do take the Chair of the Committee.

Mr. Speaker left the Chair.

Mr. Harcourt took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Harcourt reports from the Committee of the whole House, That they had made some Progress in the said Bill; but had not gone through the same.

Resolved, That the further Consideration of the said Bill be referred to a select Committee.

And it is referred unto Sir Tho. Hussey, Mr. Paul Foley, Sir Christopher Musgrave, Mr. Herne, Lord Chenie, Sir Rob. Rich, Sir Rich. Onslow, Sir Wm. Honeywood, Sir Jos. Williamson, Mr. Foot Onslow, Mr. Ryder, Sir John Bolles, Mr. England, Mr. Sherrard, Mr. Pitts, Mr. Bertie, Sir Sam. Dashwood, Mr. Chadwick, Sir Phil. Skippon, Mr. Papillion, Mr. Cary, Mr. Arnold, Mr. Bickerstaffe, Colonel Lee, Mr. Baile, Sir Tho. Travell, Sir Tho. Vernon, Mr. Denz. Onslow, Mr. Harcourt, Sir Tho. Hussey, Sir John Knight, Sir John Gwyn, Mr. Palmes, Sir Hen. Gough, Serjeant Tremaine, Sir Tho. Mompesson, Serjeant Hutchins, Mr. Buscawen: And they are to meet on Monday next, at Three of the Clock in the Afternoon, in the Speaker's Chamber. And it is to be an Instruction to the Committee, That it be provided by the said Bill, That the Throwing of Silk beyond the Seas is not such a Manufacturing of it as shall give a Permission to import it within the Intent of the Act of Navigation; and also, that no Imposition be laid upon Italian Thrown-silk.

Leave for Members to attend Lords.

Ordered, That Serjeant Hutchins, and Serjeant Tremaine, have Leave to attend the Lords, as Counsel in a Cause between Vincent and Parker.

Commissioners of Accounts.

Ordered, That the Report from the Committee to whom the Bill for appointing and enabling Commissioners to take an Account of all publick Monies since 5 Novembris 1618 . . . . be made upon Tuesday Morning next.

Committees.

Ordered, That all Committees be revived.

And then the House adjourned till Monday Morning, Eight of the Clock.