House of Commons Journal Volume 10: 4 November 1690

Martis, 4die Novembris; 2° Gulielmi et Mariæ.

Prayers.

Macclesfeild's Estate.

A PETITION of Ralph Macclesfeild, Gentleman, was read; setting forth, That the Petitioner, having contracted divers great Debts, which cannot be satisfied but by Sale of some Lands, which are specially intailed, with Remainder to Walter Jennings, Clerk, and John Danyell, Esquire, who are willing to consent to a Bill to enable the Petitioner, and his Trustees, to make Sale of the Lands to the Intents aforesaid: And praying Leave to bring in such a Bill, to sell Lands to pay his Debts; and make Provision for his Wife and Child.

Ordered, That Leave be given to bring in a Bill accordingly.

Wye and Lugg Navigation.

Ordered, That Leave be given to bring in a Bill for the better making the Rivers of Wye and Lugg, navigable.

Highways.

Mr. Serjeant Wogan presented to the House a Bill for Enlarging and Repairing of Highways, and for reviving a former Act for that Purpose, according to the Order of the House: And the same was received.

Wine Measures, &c.

A Bill for the better Prevention of Frauds in selling of Wines, and other Liquors, by Retale, in false Measures, was read the First time;

And the Question being put, That the Bill be read a Second time;

It passed in the Negative.

London Markets.

Ordered, That all the Members that serve for the Counties of Sussex, Kent, Essex, Hartford, and Bucks, be added to the Committee to whom the Consideration of the Petition of the People that use the Markets in the City of London, is referred.

Preventing Fires at Marlborough.

An ingrossed Bill for the better preventing of Fires in the Town of Marlborough in the County of Wilts, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to prohibit the Covering of Houses, and other Buildings, with Thatch, or Straw, in the Town of Marlborough in the County of Wilts.

Ordered, That Mr. Windham do carry the Bill to the Lords; and desire their Concurrence thereunto.

Trade with France.

Ordered, That Leave be given to bring in a Bill for the more effectual putting in Execution an Act of the last Parliament, intituled, An Act for prohibiting all Trade and Commerce with France.

Bernadisto Estate.

Ordered, That Leave be given to bring in a Bill to free the Estate of Sir Sam. Bernadiston, Baronet, from several Incumbrances, occasioned by a Judgment heretofore given against him, upon an Information in the Court of King's Bench at Westminster.

French Bay Salt.

A Bill for preserving French Bay Salt, taken as Prize, for the Use of the Navy, was read the Second time.

Resolved, That the Bill be committed to Colonel Birch, Sir Rich. Reynell, Mr. Dore, Mr. Bromly, Mr. Burrard, Mr. Price, Sir Math. Andrews, Mr. Bockenham, Mr. Clark, Mr. Blowfeild, Sir John Guise, Mr. England, Mr. Whitehead, Mr. Christie, Lord Cornbury, Sir Ralph Dutton, Sir John Cotton, Sir John Wynne, Mr. Perry, Mr. Arnold, Sir Rob. Rich, Sir Tho. Bernadiston, Mr. Archer, Sir Rob. Clayton, Sir Sam. Bernadiston, Mr. Beddingfeild, Mr. Gray, Mr. Ryder, Mr. Papillion, Sir Tho. Mompesson, Sir Walter Young, Mr. Cary, Sir John Lowther, Mr. Buscawen, Mr. Paul Foley: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber: And it is to be an Instruction to the said Committee, That they prepare and bring in a Clause for the more effectual putting in Execution an Act, intituled, An Act for prohibiting all Trade and Commerce with France.

Supply Bill; Excise.

A Bill for doubling the Excise, was read the First time.

Resolved, That the Bill be read the Second time upon Thursday Morning next, at Ten a Clock.

Commissioners of Admiralty.

An ingrossed Bill, from the Lords, intituled, An Act concerning the Commissioners of the Admiralty, was read the First time.

Resolved, That the Bill be read a Second time.

Cirencester Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Burgesses to serve in this present Parliament for the Borough of Cirencester in the County of Gloucester, the State of the Case, as it appeared to the said Committee: The which he delivered in at the Clerk's Table in Writing: Where the same was read; and is as followeth; viz.

Upon the Petition of John How, Esquire, complaining of an undue Election and Return of Henry Powle, Esquire, and Rich. How, Esquire, for Cirencester;

That the Committee proceeded to examine the Merits of the said Election: And

That the Counsel for the Petitioner insisted, That the Right of Election was in all the Inhabitants of the said Borough, who did not receive Alms of the Parish.

That the Counsel for the Sitting Members insisted, That the Right was in the Inhabitants; but exclusive as well of all that received any charitable Donative given to the Poor of the said Borough, as of those that received Parish Alms.

That the Poll at the Election was taken of all Persons that offered themselves, promiscuously: And upon the Casting of it up, the Numbers were thus;

That the Determining of the Election depended upon the settling the Qualification of the Voters: And the great Question before the Committee was, Whether those that received a certain Charity, called By-money, should be allowed to have good Votes; as to many of them it appeared, it was only received by their Wives.

That the Nature of this Charity is thus; It is a certain yearly Charity given to the Borough of Cirencester, and distributed by the Church Wardens and Overseers to such as do not receive Alms of the Parish, or Pay to the Poor: For which the Donor hath provided, That the Churchwardens and Overseers shall have Six Shillings and Eightpence, for their Pains in distributing it: And it is sometimes given to one, sometimes to another, by Six-pence and One Shilling at a time.

That it did not appear, that these Persons that received this Charity had been excepted to, but only at my Lord Newburgh's Election, in King James Time; who was returned, and sat: But there was a Petition against him by Mr. Powle: Which Petition was withdrawn; and so there never was any Judgment of the House upon it.

That, upon hearing what was alleged on both Sides, the Committee came to Four several Resolutions: Which the said Mr. Gray read in his Place; and afterwards, delivered them 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 Inhabitants of the Borough of Cirencester, receiving a charitable Donative, commonly called By-money, have not a Right to vote in electing Burgesses to serve in Parliament.

Resolved, That it is the Opinion of this Committee, That the Inhabitants of the Borough of Cirencester, being Inmates, have not a Right to vote in electing Burgesses to serve in Parliament.

Resolved, That it is the Opinion of this Committee, That Henry Powle, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Cirencester.

Resolved, That it is the Opinion of this Committee, That Richard How, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Cirencester.

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

And the Question being put, That the House do agree with the Committee in the said Resolution, That the Inhabitants of the Borough of Cirencester, receiving a charitable Donative, commonly called By-money, have not a Right to vote in electing Burgesses to serve in Parliament;

The House divided.

The Noes go forth.

So it passed in the Negative.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the Inhabitants of the Borough of Cirencester, being Inmates, have not a Right to vote in electing Burgesses to serve in Parliament.

The Third Resolution being read a Second time;

And a Motion being made, and the Question being put, for a Re-commitment;

Resolved, That the Matter be re-committed, for the Summing-up of the Poll between all the Parties.

Ordered, That the Committee of Privileges and Elections do sit upon Thursday next, in the Afternoon, in the House, upon the Matter re-committed, as aforesaid.

Ordered, That the Steward of the Town of Cirencester do attend the said Committee, at the Time aforesaid.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till Thursday Morning, Nine of the Clock.