House of Commons Journal Volume 10: 8 December 1691

Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.

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Citation:

'House of Commons Journal Volume 10: 8 December 1691', in Journal of the House of Commons: Volume 10, 1688-1693( London, 1802), British History Online https://prod.british-history.ac.uk/commons-jrnl/vol10/pp575-579 [accessed 25 November 2024].

'House of Commons Journal Volume 10: 8 December 1691', in Journal of the House of Commons: Volume 10, 1688-1693( London, 1802), British History Online, accessed November 25, 2024, https://prod.british-history.ac.uk/commons-jrnl/vol10/pp575-579.

"House of Commons Journal Volume 10: 8 December 1691". Journal of the House of Commons: Volume 10, 1688-1693. (London, 1802), , British History Online. Web. 25 November 2024. https://prod.british-history.ac.uk/commons-jrnl/vol10/pp575-579.

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In this section

Martis, 8 die Decembris; 3° Gulielmi et Mariæ.

Prayers.

Campion's Will.

A PETITION of Eliz. Campion, Widow, on the Behalf of herself and Six Children, was read; setting forth, That her Husband, by Will, devised his Estate to be divided into Nine Shares, Two for the Widow, Two for his eldest Son, and one to each of the rest; and appointed Executors to manage and divide the said Estate, accordingly: That the greatest Part of the Estate is in Fee of a Piece of Ground, called Coventry House, with Buildings thereon, most unfurnished: That the Testator's Debts are great, of which the said Premises are mortgaged for Four thousand Pounds: And, for that, by his Will, no Power is vested in the Trustees to sell or dispose of any Part of the said Estate, subjected by the Will to pay Debts, or carry on the unfinished Buildings, whereby the said Estate and Buildings will be ruined, the Heir and Children being all Infants; and praying Leave to bring in a Bill, to enable the Performance of the Will.

Ordered, That the Examination and Consideration of the said Petition be referred to a Committee: And that they do report their Opinions therein to the House.

And it is referred to Sir Tho. Clarges, Mr. Arnold, Mr. Newport, Sir Cha. Bloys, Mr. Bickerstaffe, Sir Gerv. Elwes, Mr. Christie, Mr. Forster, Lord Ranelagh, Mr. Weld, Mr. Philipps, Sir Tho. Samwell, Mr. Jeffryes, Mr. Slater, Sir Tho. Haslerig, Sir Wm. Ellis, Mr. Hawtry, Sir John Moreton, Mr. Bathurst, Sir Edw. Hussey, Sir John Brownlow, Sir Tho. Hussey, Sir Sam. Bernadiston, Sir Tho. Darcye, Mr. Thornhaugh, Mr. Cooke, Mr. Clarke, Mr. Vincent, Mr. Henley, Mr. Blowfeild, Mr. Foley, and all the Members that serve for the City of Westminster, and County of Middlesex. or any Five of them: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chambers.

Oath of Supremacy in Ireland.

Then the House, according to the Order of the Day, resumed the adjourned Debate upon the Report of Saturday last, of the Conference with the Lords, touching the Amendments made by the Lords to the Bill for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths.

Ordered, That the Managers of the said Conference do prepare Amendments to be made to the said Amendments made by the Lords; and also Reasons to be offered, at a Conference with the Lords, touching the same, upon the Debate of the House.

And they are to meet To-morrow Morning at Eight a Clock, in the Speaker's Chamber.

Defaulter at Call of the House.

Ordered, That John Tanner, Esquire, a Member of this House, in Custody of the Serjeant at Arms for not attending the Service of the House, be admitted into the House, having paid his Fees to the Serjeant.

Ludlow Election.

Mr. Serjeant Trenchard, according to the Order of the Day, reported from the Committee of Elections and Privileges, to whom the Matter touching the Election for the Borough of Ludlow, in the County of Salop, was referred, the State of the Case, as it appeared to the Committee: The which he delivered in, in Writing, at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the Petition of Thomas Hanmer and Wm. Gower, Esquires, complaining of an undue Return of Colonel Titus and Francis Lloyd, Esquires, to serve for Ludlow;

The Committee have examined the Merits of that Election.

The Case was thus:

The ancient Government of the Borough of Ludlow is, by the Twelve and Twenty-five; which they call the Chamber.

Anno 36° Car. IIdi, the Franchises of this Town were surrendered; and a new Charter granted by King James in the First Year of his Reign; with Reservation of a Power to himself to remove and displace any Officers by his Privy Signet, directed to the Lord President of Wales.

Anno Domini 1688, according to this Power reserved, King James removes all the Officers, and restores the ancient Corporation.

It was moved, Whether the Burgesses under the new Charter had Votes: But it appearing, that they were made Free after the Dissolving of the Charter, they were waved by the Counsel of either Side.

As to the Right of Election, it was alleged, That the Right was in the Chamber, consisting of Thirty-seven, and in the Free Burgesses, as well Non-resients as Resients.

Edw. Kettleby, Rich. Cole, Roger Powys, Phil. Gore, and others, testified, That they had been present at several Elections of Burgesses to serve in Parliament for Ludlow; and that the Burgesses non-resient had been admitted to give their Votes, as well as the resient.

It was alleged for the Sitting Members, That the Right of Election was in the Chamber, and the Burgesses resient only.

John Coleback, an ancient Burgess and Inhabitant, testified, That he was present at the Election of the Burgesses for the Convention in 1660, and for the Parliament in 1661; and that the resient Burgesses were only admitted to vote; but that, since the Year 1679, the Out Burgesses had given their Votes, contrary to the ancient Custom.

There was likewise produced a Resolution of this House, 14 Car. IIdi, That all the resient common Burgesses of the Town of Ludlow have Right of Election, as well as the Twelve and Twenty-five.

As to the Poll;

Mr. Kettleby, Mr. Beeston, testified, That they took a Poll for the Petitioners; and that of the old Burgesses.

Mr. Hanmore, had 41 Votes.
Mr. Gowre, 39
Mr. Lloyd, 32
Colonel Titus, 25

Mr. Smallman the Town Clerk testified, That, upon the Poll,

Mr. Lloyd, had 57 Votes.
Colonel Titus, 49
Mr. Hanmore, 41
Mr. Gowre, 39

But, of those that voted for the Sitting Members, and are inserted in their Poll, it appeared, That Twenty-two or Twenty-three were made Free after the Teste of the Writ, the Writ bearing Teste on the Twenty-fourth December; and they were made Free the Twenty-sixth or Twenty-seventh of December: So that the main Question seemed to be, Whether those that were so made Free had a precedent Right; and, Whether they were qualified to vote in this Election.

Rich. Cole, Rowl. Ersley, Bern. Hamond, testified, That the Sons of Freemen, and such as married Freemens Daughters, pretended a Right to be made Free; but that they applied themselves to the Chamber by Petition; and that the Chamber had a Right to admit them, or reject them, as they thought fit: That they paid a Fine for their Freedom, and that they had known several rejected: That, by the Usage, no Admission could be made, unless Nineteen of the Chamber were present; and that, at this Admission, there was not that Number.

John Coleback, Edw. Smallman, testified, That the Sons of Freemen, and such as had married Freemens Daughters, had a Right to be made Free: That they applied themselves to the Chamber by Petition, and paid a small Fine certain; viz. Sixteen-pence for a Freeman's Son, and Three Shillings and Four-pence for him that married a Freeman's Daughter: That the Chamber had no Right to reject them, if they were so qualified: That they never knew it done but twice, and then upon private Interests, and it was looked upon as an Injury: That the Chamber met the Twenty-sixth of December, after the Teste of the Writ, to fill up the Chamber, Nine of them being dead since the Surrender of their Charter; and some of the Survivors refused to act with them: That these Freemen were admitted December Twenty-seventh, when above Twenty of the old Chamber were present: And, of the Twentythree Burgesses in Question, Twenty of them were qualified as Freemens Sons, or such as had married Freemens Daughters.

There was likewise produced the Charter of King Edw. IV. in the First Year of his Reign, incorporating the Town of Ludlow: And there appeared no Clause in it, requiring Nineteen of the Chamber to be present at the Admission of Freemen, or at the doing any other Act, as a Common Council.

And that, upon the whole Matter, the Committee came to several Resolutions: Which Mr. Serjeant Trenchard read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as follows; viz.

Resolved, That it is the Opinion of this Committee, That Silus Titus, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Ludlow in the County of Salop.

Resolved, That it is the Opinion of this Committee, That Francis Lloyd, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Ludlow in the County of Salop.

The First Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That Silus Titus, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Ludlow in the County of Salop;

The House divided.

The Noes go forth.

Tellers for the Yeas, Colonel Granville, 191.
Mr. Palmes,
Tellers for the Noes, Mr. Kynaston, 145.
Mr. Bickerstaffe,

So it was resolved in the Affirmative.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Francis Lloyd, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Ludlow in the County of Salop.

Tavistock Election.

Mr. Serjeant Trenchard also reports from the Committee of Elections and Privileges, to whom the Matter touching the Election for the Borough of Tavistock in the County of Devon, was referred, the State of the Case, as it appeared to the Committee: The which he delivered in, in Writing, at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the Petition of Amb. Mannaton, Esquire, complaining of an undue Return of Sir Fra. Drake, Baronet, to serve for the Borough of Tavistock in the County of Devon;

The Right of Election appeared to be in the Freeholders of Inheritance, inhabiting within the said Borough.

The Petitioner called

Nicolas Row: Who produced a Poll; which he said he took by the Consent of the Portreve.

That, upon this Poll there was

For Sir Fra. Drake, 39.
And for Mr. Mannaton, 36.

That Sir Fra. Drake did call Two others to poll; but the said Row took no Notice of them, one being an Infant of about Twelve Years of Age, and the other an Inhabitant.

The Petitioner insisted he could disqualify Nineteen of Sir Fra. Drake's Voters; and called one Whitechurch: Who testified, That Thomas Harvey senior, Robert Harvey junior, John Harvey, Stephen Harvey, had no Estate in their own Right; but had Estates granted to them by one Williams, only to make them Voices upon a former Election.

That Henry Travell, Robert Hodgkinson, had a Freehold granted to them in the Reign of King James; but never voted till this Election.

That Walter Edmonds senior, Walter Edmonds junior, produced their Deeds at the Election of Mr. Russell and Butler; and it was but for Years.

That Sam. White was an Infant.

That Dav. Grindey was Tenant only per Courtesy.

That Walter Shillabere, John Sheare, John Bennet, were Trustees.

That Thom. Perrington, upon a Purchase, could not make a good Title.

That James Hockaday had mortgaged in Fee.

That Daniel Frost lived under his Father; and has voted.

That John Frost, George Pearse, had no Estates.

That Richard Doidge's Father, since the Election, had made an Estate for Three Lives.

On the Behalf of Sir Fran. Drake was called

Edward Seagre: Who said, He was the only Person employed by the Portreve to take the Poll:

And that, upon the Poll,

Sir Fra. Drake had 39 Voices.
And the Petitioner 34

John Cunningham, Stephen Harvey, said, Thomas Harvey senior was always reputed a Freeholder; and produced a Feoffment to him from Abra. Harvey, dated 30 Oct. 36 Car. IIdi.

That Thom. Harvey junior had an Estate in Fee Simple; and produced a Feoffment to him from Dawberry Williams, dated 11 Nov. 36 Car. II.

And a Feoffment to John Harvey from Thomas Harvey, dated 1 Aug. 4 James II.

That Stephen Harvey had voted in former Elections: And Harvey said, He had seen his Deed.

James Leer said, Henry Farwell was a Freeholder of Inheritance; and produced a Lease and Release from Richard Cudlip and Richard Abbot to him, and one Everard: Release, dated 2 Februarii, 34 Car. IIdi.

Stephen Harvey, said, Robert Hodgson and Humfrey Hodgson were reputed Freeholders; and produced a Lease and Release to Robert Hodgson from Dawbeny Williams: Release dated 20 Februarii, 34 Car. IIdi; and the like for Humphry Hodgson: And produce a Conveyance by way of Lease and Release from Moses Guscot to Walter Edmonds senior: Release dated 2d May 1677: And said, He had seen Walter Edmonds junior his Deed.

The Infant and Tenant per Courtesy, objected to by the Petitioner, were waved by Sir Fra. Drake.

Cunningham said, Shillebear, Bennet, and Sheres, were Freeholders in Possession; and produced a Conveyance by way of Lease and Release to Shillebear, and one Jam. Leer; the Release dated 2 Mar. 34 Car. IIdi; and a Feoffment to Bennet from Mary Waller, dated 29 Sept. 4 James II di; and the like for Sheer.

Said, He knew Thom. Pennington to have a good Estate from his Father; and produced a Conveyance made upon Marriage, dated 8 June 1658.

That James Hockady, though he had mortgaged to Davy, Davy had not entered; and produced a Feoffment from Emanuel Frost to Daniell Frost, dated 1 December, 30 Car. II.

Stephen Harvey said, That John Trout and George Perrie have been admitted Tenants in Court; and no Objection was made to them at the Election.

Cunningham said, That Richard Doidge was Tenant in Court.

Then, on the Behalf of Sir Fra. Drake, the following Exception were taken to the Voters for the Petitioner.

Cunningham said, That William Corbin claimed only under a Will, whereby Lands were given to his Wife; and produced a Copy of the Will.

Exception was also taken to Cha. Sweet: But it was answered, He had married a Wife that had Lands of Inheritance; and she was living.

Exception to Thom. Doidge, That he had but an Annuity of Five Pounds for Life.

Answer, That he had voted always, and had Ten Pounds per Annum.

Exception to Thomas Wyat, That he had but an Estate for Years.

Answer, That it was to him and his Heirs.

Exception, That Henry Vosper, Thom. Clarke, William Willcox, lived out of Town.

Answer, Vosper and Willcox lived in Town; Clerke admitted no Vote.

Exception, That John Doidge was not Twenty-one Years old: That Hen. Maddicot voted by Proxy.

Burges and Harvey said, That Edward Farwell, Samuell Gill, Robert Williams, John Clarke, and Martin Sowton, were made Freeholders but a little before the Election, and after the Teste of the Writ; and that Willisford offered Burgesse to make him a Freeholder, if he would vote for Mr. Mannaton.

Answer, Release produced to Farwell from Thomas Willisford, dated 7 Januarii 1689; and a Conveyance to Williams, dated 2d Oct. 1689.

Doidge said, He saw Gill's Deed, which bore Date before the last Parliament was Dissolved.

And that, upon the whole Matter, the Committee came to a Resolution: Which Mr. Serjeant Trenchard read in his Place; and afterwards, delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That Sir Fra. Drake, Baronet, is duly elected a Burgess to serve in this present Parliament for the Borough of Tavistock in the County of Devon.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir Fran. Drake, Baronet, is duly elected a Burgess to serve in this present Parliament for the Borough of Tavistock in the County of Devon.

Dunwich Election.

Mr. Serjeant Trenchard also reports from the Committee of Elections and Privileges, to whom the Case touching the double Return and Election for the Borough of Dunwich in the County of Saffolke, was referred, the State of the Case, as it appeared to the Committee: The which he delivered in, in Writing, at the Clerk's Table: Where the same was read; and is as followeth; viz.

That, upon Examination of the Merits of the Double Return and Election of a Burgess to serve for Dunwich;

It appeared to the Committee, upon view of the Record, That John Bence, Esquire, was returned by one Indenture, and Hen. Heveningham, Esquire by another Indenture; each Indenture under the Common Seal by both Bailiffs.

The determining the Right of Return depended entirely upon the Merits of the Election: And, as to the Election, it was agreed of both Sides, That the Merits of this Election would depend upon settling the Qualifications of the Electors; for it was alledged, on the Behalf of Mr. Bence, That the Right was in the Freemen of the Borough of Dunwich, resident within the Borough.

And, on the Behalf of Mr. Heveningham, it was alledged, That the only Qualification was to be a Freeman, whether resident within the Borough, or an Outsitter: So that if the Right was in the former, Mr. Bence was duly elected; if in the latter, Mr. Heveningham.

That, on Behalf of Mr. Bence, it was alledged, That Dunwich was a Borough by Prescription: And they produced several Returns, viz.

7 Edw. VI. which says, The Two Bailiffs, in Presence of the Two Coroners, and Ten others, in their Return named, and many other Burgesses and Resiants, elected- the Return is under the Common Seal, and the Seal of the Bailiship.

12 Edw. IV. which says, The Bailiffs, with the Assent and Consent of the whole Commonalty, elected -the Return under the Common Seal.

30 Eliz.-Bailiffs, Burgesses, and Commonalty, elected, -the Return under the Common Seal.

Jac. Imi-Bailiffs, Burgesses, and honest Men of the Borough, elected-the Return under the Common Seal.

Car. Imi-Bailiffs, Burgesses, and honest Men, elected,-the Return under the Common Seal.

And produced an ancient Book; by which it appeared, That 11 Jac. so many of the Twelve, Twenty-four, and Freemen, which were present, in all making Thirty-three, elected a Burgess.

And another ancient Book; by which it appeared, That Anno 1639, so many of the Twelve, Twentyfour, and Freemen which appeared, in all making Thirty, elected.

And another ancient Book of an Election, 22 Aug. 1656; wherein is recorded the Names only of Twentyfour Electors.

In the same Book is Mention made of another Election, 4 Apr. 1660; wherein is recorded the Names only of Twenty-five Electors.

In the same Book is Mention made of another Election, 25 Apr. 1661; wherein is recorded the Names only of Twenty-seven Electors.

Crane and Captain Hall testified, That they knew the Election of Sir John Rous and Mr. Cooke; and that there was not above Twenty or Thirty Electors, who were of the Town.

Mr. Driver, Mr. Stansley, testified, That they had known several Elections: That the Freemen of the Town only used to elect Bailiffs and Burgesses: That no Outsitters did vote till the Election of Sir Thomas Allen and Mr. Wood; which Outsitters were made to vote for Sir Thomas Allen: That the Outsitters pay Two Shillings and Six-pence; and some Three Shillings yearly.

Mr. Betts, Town Clerk, testified, That he remembered the Election between Sir Thom. Allen and Mr. Wood, who were doubly returned.

That Sir Tho. Allen had all the Outsitters, and but Three or Four Boroughmen; and produced a Resolve of the House, That the said Mr. Wood ought to sit till the Merits of the Election was determined.

And the said Mr. Betts said, That Sir Tho. Allen did not prosecute the Matter afterwards; but Mr. Wood sat till he died, being about Eight Years.

That he believed Mr. Bcnyface, since 1670, had made free Five hundred, Two whereof were Scotchmen, and others lived very remote; and particularly he made Fortytwo free at an Alehouse; whereas there are not above Forty Freemen resident.

And produced a Charter of Incorporation made 10 King John; whereby Guildam mercatoriam was granted to them: Which the Counsel insisted was the ancient Method of erecting a Corporation.

That, on the Behalf of Mr. Heveningham, it was alledged, That Dunwich was a Corporation by Prescription: And, upon the Evidence given for Mr. Bence, the Counsel for Mr. Heveningham observed,

That, in the Charter of King John, there was the Word "confirm," as well as "grant;" which implied, that they were incorporated before that time: That all the ancient Returns were under the Common Seal of the Corporation: That, in the ancient Books, it appeared, That Elections to Parliament were always made at their Corporation Assemblies: And called

Mr. John Benyface: Who testified, He remembered for Twenty-two Years; and that no Outsitters, that came in that time, were denied: And that he heard Mr. Driver say, He would cut his Throat sooner than put his Hand to a Borough Return: And that Mr. Driver declared Mr. Heveningham duly elected.

That Mr. Heveningham's Return was sealed; and Mr. Driver went off the Bench, and came a Quarter of an Hour after, and sealed Mr. Bence's: That he believes Two hundred might be made Free since 1670: That Outsitters come to the Election of Bailiffs, and one of the present Bailiffs is an Outsitter.

Tho. Webber, Tho. Hooter * * Snelling, testified, That They had known Elections from Sir Thomas Allen's time; and that Outsitters have been all along admitted: That the Inhabitants are not able to bear the publick Charge of the Town: And the Money paid by the Outsitters is applied towards it: And produced.

A Resolve of the House in the Case of Sir Rob. Rich and Sir Phil. Skippon, That the Right of the Election of Burgesses to serve in Parliament for the Borough of Dunwich is in the Freemen of the said Borough, commonly called Outsitters, as well as in the Freemen inhabiting within the said Borough.

And that the Committee, upon the whole Matter, came to several Resolutions: Which Mr. Serjeant Trenchard 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 Right of Election of Burgesses to serve in Parliament for the Borough of Dunwich is not in the Freemen of the said Borough, commonly called Outsitters, as well as in the Freemen inhabiting within the said Borough.

Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of Dunwich is only in the Freemen inhabiting within the said Borough.

Resolved, That it is the Opinion of this Committee, That John Bence, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Dunwich.

The First Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That the Right of Election of Burgesses to serve in Parliament for the Borough of Dunwich is not in the Freemen of the said Borough, commonly called Outsitters, as well as in the Freemen inhabiting within the said Borough;

The House divided.

The Noes go forth.

Tellers for the Yeas, Mr. Bickerstaffe, 237.
Sir Thom. Darcye,
Tellers for the Noes, Sir Rob. Rich, 119.
Colonel Granvill,

So it was resolved in the Affirmative.

The Second Resolution being read a Second time;

Resolved, That this House doth agree with the Committee in the said Resolution, That the Right of Election of Burgesses to serve in Parliament for the Borough of Dunwich is only in the Freemen inhabiting within the said Borough.

The Third Resolution being read a Second time;

Resolved, That this House doth agree with the Committee in the said Resolution, That John Bence, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Dunwich.

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, to amend the Return for the said Borough of Dunwich.

A Message from the Lords, by Sir Adam Ottley and Sir Rob. Legard;

Burton's Estate.

Mr. Speaker, The Lords have passed a Bill, intituled, An Act for the Enabling of Sir Thom. Burton, Baronet, to sell Lands, for Payment of Debts: To which they desire the Concurrence of this House.

Earl of Ailsbury's Estate.

Also, the Lords have agreed to the Amendments made by this House to the Bill, intituled, An Act for making a Twelve Years Lease made by the Earl and Countess of Ailsbury, for Payment of Debts, which was determinable on their Deaths, to have Continuance absolutely for those Twelve Years.

And then the Messengers withdrew.

Defaulter at Call of the House.

Ordered, That John Michell, Esquire, a Member of this House, in Custody of the Serjeant at Arms, for not attending the Service of the House, be admitted into the House, having paid his Fees to the Serjeant.

Borealston Writ.

Sir Fra. Drake, Baronet, being returned a Burgess to serve both for the Borough of Tavistock in the County of Devon, and also for Borough of Borealston in the same County; and he electing to serve for the Borough of Tavistock.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ for the electing a Burgess to serve in this present Parliament for the said Borough of Borealston.

Supply Bill; Excise.

Then Mr. Solicitor General, according to the Order of the Day, reported from the Committee of the whole House, to whom the Bill for granting to their Majesties certain Impositions upon Beer, Ale, and other Liquors, was referred, That they had made several Amendments to the Bill; which they had directed him to report to the House: And which he read in his Place, with the Coherence; and afterwards, delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time severally, one by one; and, upon the Question severally put thereupon, agreed unto by the House, except as to Clause B, That every College and Hall, in either of the Universities, that brew their own Beer and Ale, and battle or size it out to their respective Members, shall not be liable to any Duty of Excise.

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

The House divided.

The Yeas go forth.

Tellers for the Yeas, Mr. Mountague, 94.
Sir Rob. Cotton,
Tellers for the Noes, Sir Walter Young, 121.
Mr. Freke,

So it passed in the Negative.

Tryals for Treason.

Ordered, That the Amendments made by the Lords to the Bill for the Regulating of Tryals, in Cases of Treason, be taken into Consideration upon Friday Morning next, at Ten a Clock.

Privilege-Intimidation of a Witness.

The House being informed, that one * Lehardy had been threatened by several Persons, for making a Discovery of Trading between the Island of Jersey and France;

He was ordered to be called in.

And being called in; he was examined concerning the same. He said, that nobody had threatened him; but that he was told he durst not go home.

And then withdrew.

Hawkers and Pedlars.

Ordered, That Sir Robert Cotton, Sir Edward Abney, Mr. Carter, Mr. Beare, Mr. Dyott, Sir Wm. Langham, be added to the Committee to whom the Bill, intituled, An Act for suppressing of Hawkers and Pedlars, is committed.

Aulnage Duty.

Ordered, That Sir Wm. Drake, Sir Francis Massam, Captain Reignolds, be added to the Committee to whom the Bill for transferring the Collection of the Duty of Aulnage to the Custom-house, and giving the Crown a Compensation for the same......

Army and Navy Estimates.

Ordered, That Mr. Peregrine Bertie be added to the Committee to whom the Estimates of the Army and Navy are referred.

Deer Stealers.

Ordered, That Mr. Gwyn be added to the Committee to whom the Bill for the better Discovery and Punishment of Deer-stealers, is committed.

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