House of Commons Journal Volume 10: 27 March 1689

Mercurii, 27 die Martii; 1° Willielmi et Mariæ.

Prayers.

Aulnage Duty.

A PETITION of the Weavers of Worsted and other Stuffs in Norwich and Norfolk, was read.

Resolved, That it be referred to the Committee who are appointed to consider of the Petition of divers Clothiers of the County of Gloucester, to consider the Matter of the said Petition; and to report the same, with their Opinions, to the House: And they are hereby impowered to send for Persons, Papers, and Records.

Leave of Absence.

Ordered, That Mr. Colt have Leave for a Fortnight, from Monday next, to go into the Country.

Tregony Writ.

Ordered, That Mr. Speaker do grant his Warrant to the Clerk of the Crown, to issue a new Writ, for the Electing of a Burgess to serve in this present Parliament for the Borough of Tregony in the County of Cornwall, in the Room of Charles Boscowen, Esquire, deceased.

Leave of Absence.

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

Hackney Coaches.

A Bill for Licensing Hackney Coaches, was read the First time.

Resolved, That the Bill be read a Second time this Day Three Weeks.

Coronation Oath.

Mr. Dalben reports from the Committee, to whom the Bill for establishing the Coronation Oath, was referred, That the Committee, having taken the same into their Consideration, had agreed upon several Amendments to be made thereunto: 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 one by one; and, upon the Question severally put thereupon, were agreed upon by the House.

Ordered, That the Bill with the Amendments be ingrossed.

Privilege-a person reprimanded and discharged.

A Petition of Nathanael Bowtell, in Custody of the Serjeant at Arms, was read; by which he begged the Pardon of the House, and prayed to be discharged.

Resolved, That he have the Reprimand of the House; and be then discharged, paying his Fees.

And he was brought in to the Bar; and had a Reprimand, by Mr. Speaker, accordingly.

Leave of Absence.

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

Ordered, That Mr. York have Leave to go into the Country, for a Month.

Punishing Mutiny and Desertion.

Mr. Harbord reports from the Committee, to whom the Bill for punishing Soldiers which should mutiny, and desert their Majesties Service, was referred, That they having taken the same into their Consideration, had agreed upon several Amendments to be made thereunto: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout; and afterwards one by one; and, upon the Question severally put thereupon, were agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

East Grinsted 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 East Grinsted in the County of Sussex, the State of the Case as it appeared to the Committee: Which he produced in Writing: Which, being read at the Clerk's Table, is as followeth:

Upon the Petition of John Conyers, Esquire, against Sir Thom. Dyke, the Sitting Member.

That the Question was, Whetner the Burgage-holders alone, or the Inhabitants, as well as the Burgage-holders, had the Right of Election.

That Mr. Conyers's Counsel proved the Right to be in the Inhabitants, as well as Burgage-holders, from the several Authorities following; viz.

1 mo Mariæ, The Bailiff, Burgesses, and all other Inhabitants, have elected-.

14° Eliz. Burgesses and Inhabitants-.

30 Eliz. Bailiff, Burgesses, and Inhabitants, of their common Assent jointly together, have elected-.

21 Jac. I. The Bailiff, Burgesses, and Inhabitants, of their common Assent, &c.

1 Car. I. Bailiff and others of the Commonalty of the said Borough have elected-.

15 Car. I. Thomas Dine, and others, Burgage-holders, and Edw. Newinton, and others, Inhabitants, do elect Robert Goodwin-.

16 Car. I. Burgenses et alii Inhabitantes elegerunt.- To which there are Forty-four Names.

That, besides which, the Journal of 1640 was produced; whereby it appeared, that Mr. Goodwin was agreed to be well elected by the Inhabitants, upon a Report made from the Committee of Elections, in a Contest between him and Mr. White, who was elected by Burgage-holders only.

That another Journal of the House was also read; whereby it appeared, that in the Year 1679, upon the Election of Henry Powle, Esquire, the same Question was before the Committee: Whereupon, and upon producing several of the Records aforesaid, the Committee were of Opinion, "That the Right of Election for the said Borough was in the Inhabitants, as well as Burgageholders; and that the said Mr. Powle is duly elected." To which the House afterwards agreed.

That Robert Mathews, a Witness for Mr. Conyers, affirmed, That he was present at this Election; and that, before the Election was declared, a Poll was demanded for the Inhabitants; and a Return, of Mr. Sackvill and Mr. Conyers, tendered under the Hands and Seals of Forty-two Inhabitants: But the Bailiff refused to admit them to a Poll, or accept of their Return.

That, of these Persons, Six were Borough holders.

That the whole Number of Inhabitants in the Borough, who pay Scot and Lot, is about Sixty.

That it was also proved, that Mr. Goodwin Wharton, and Mr. Jephson, in King Charles the Second's time, were chosen by the Inhabitants, as well as Burgageholders: And, at this Election, none of the Inhabitants offered to poll for Sir Thomas Dyke.

That, on the other Side, it was proved, that Sir Thomas Dyke had the Majority of the Burgage-holders:

The Proofs offered by his Counsel and Witnesses were as follows:

The Records of 12 Edw. IV. Burgesses-. 17 Edw. IV. Burgess of the Commonalty-. 28 Eliz. Burgesses and Inhabitants-. 15. Car. I. Bailiffs and Burgesses chose John White-. 13 Car. II. Bailiff and Burgesses -. 27 Car. II. Bailiff and Burgesses chose Edward Sackvile. 29 & 30 Car. II. Bailiff and Burgesses-.

That John Bartholomew, Seventy-four Years old, remembers when the Lord Buckhurst and Sir Geo. Courthope were chosen; and it was by the Burgage-holders.

That John Langridge knew Captain Sackvile's Election, and Mr. Pelham's, to be by Burgage-holders.

That there were Objections made against some of Mr. Conyers' Votes; That Two or Three of them lived in One House, and did not all pay to the Church and Poor: And the Poor's Book being produced, those Exceptions were found frivolous, they being all charged to Church and Poor.

That, upon the whole Matter, the Committee, finding both by Records, and Witnesses, that the Usage of the Election for the said Borough hath been, for the most part, by the Inhabitants at large, as well as the Burgesses; the Committee came to Four Resolutions: Which he read in his Place; and afterwards, delivered in the same at the Clerk's Table: Where the same being read, are as followeth:

Resolved, That it is the Opinion of this Committee, That the Burgage-holders alone, within the Borough of East Grimsted in the County of Sussex, have not the Right of Election of Members to serve in Parliament for the said Borough.

Resolved, That it is the Opinion of this Committee, That the Inhabitants, as well as the Burgage-holders, of the Borough of East Grimstead, have Right to vote in Elections of Members to serve in Parliament for the said Borough.

Resolved, That it is the Opinion of this Committee, That Sir Thomas Dyke is not duly elected a Burgess to serve in this present Parliament for the Borough of East Grimstead.

Resolved, That it is the Opinion of this Committee, That John Conyers, Esquire, is duly elected to serve in this present Parliament for the Borough of East Grinsted.

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

The Question was put, That the House doth agree with the Committee in the said Resolve, That the Burgage-holders alone within the Borough of East Grinsted in the County of Sussex have not the Right of Election of Members to serve in Parliament for the said Borough: And

It passed in the Negative.

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

The Question was put, That the House doth agree with the Committee, That the Inhabitants, as well as the Burgage-holders, of the Borough of East Grinstead, have Right to vote in Elections of Members to serve in Parliament for the said Borough: And

It passed in the Negative, Nemine contradicente.

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

The Question was put, That the House doth agree with the Committee, That Sir Tho. Dyke is not duly elected a Burgess to serve for the Borough of East Grinstead: And

It passed in the Negative.

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

The Question was put, That the House doth agree with the Committee, That John Conyers, Esquire, is duly elected to serve in this present Parliament for the Borough of East Grinstead: And

It passed in the Negative.

Prince of Denmark's Nat.

A Message from the Lords, by Mr. Justice Dolben and Mr. Baron Nevil;

Mr. Speaker, The Lords have sent you down a Bill, passed their House, intituled, An Act for exhibiting a Bill in this present Parliament, for naturalizing the most Noble Prince George of Denmark: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

The Bill was read the First time.

Resolved, That the Bill be now read the Second time;

The Bill was read the Second time.

Resolved, That the Bill be committed to Sir Hen. Capell, Sir Hen. Goodrick, Mr. Finch, Sir Wm. Williams, Sir Tho. Clarges, Mr. Colt, Sir Christopher Musgrave, Mr. Fenwick, Sir Fra. Russell, Mr. Mansell, Sir John Lowther, Mr. Attorney General, Mr. Dolben, Mr. Gwyn, Mr. Windham, Sir John Holt, Mr. Solicitor General, Mr. Boscowen, Sir Cha. Raleigh, Mr. Done, Mr. Paul Foley, Sir Jos. Tredenham, Mr. Sacheverell, Major Wildman, Mr. Tho. Foley, Sir Tho. Dyke: And they are to meet this Afternoon, at Four of the Clock, in the Queen's Court.

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