House of Commons Journal Volume 11: 5 March 1696

Jovis, 5 die Martii;

8° Gulielmi Tertii.

Prayers.

Maydwell Rectory.

AN ingrossed Bill for settling divers Lands and Rentscharge on the Rector of the Church of Maydwell, in the County of Northampton, and his Successors; and, in lieu thereof, for settling other Lands, and discharging Tythes belonging to the said Church; according to several Agreements between the Patron and the said Rector, made upon the Inclosing of Lands in Maydwell; and afterwards, with the Consent of the Ordinary, confirmed by several Decrees in the Court of Chancery; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for settling divers Lands and Rents-charge on the Rector of the Church of Maydwell, in the County of Northampton, and his Successors; and, in lieu thereof, for settling other Lands, and discharging Tythes belonging to the said Church; according to several Agreements between the Patron and the said Rector, made upon the Inclosing of Lands in Maydwell; and afterwards, with Consent of the Ordinary, confirmed by several Decrees in the Court of Chancery.

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

Canterbury Election.

Ordered, That Colonel Lee have Leave to withdraw his Petition, touching the Election for the City of Canterbury.

Coparcenary Lands.

Ordered, That it be an Instruction to the Committee, to whom the Bill for the more easy obtaining Partitions of Lands in Coparcenary is committed, That they do make the Bill extend to joint Tenants, as well as Tenants in common, if they think fit.

Cleansing Havens.

A Bill to encourage the Removal of Bars; and for the Scouring, Cleansing, and Deepening, of decayed Havens; was read the First time.

Resolved, That the Bill be read a Second time.

Select Vestries.

A Petition of the Vicar, Churchwardens, and other considerable Inhabitants, of the Parish of Stepney, in the County of Middlesex, was presented to the House, and read; setting forth, That the said Parish hath been governed by a select Vestry above 100 Years; and hath contributed very much to the Peace of the Inhabitants; which will be endangered, and the Election of Vestrymen end in a Mutiny, if the Methods prescribed in a Bill, now before the House, for Regulating of select Vestries, and preventing Abuses arising thereby, should be established by a Law; And praying, That they may be heard against the said Bill.

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

Regulating Hackney Coachmen.

A Petition of Nathaniel Tuther, on behalf of himself, and the rest of the Coach-makers inhabiting within the Cities of London and Westminster, was presented to the House, and read; setting forth, That the Commissioners for licensing and regulating Hackney Coaches do, by Colour of the late Act of Parliament, in that behalf made, prohibit the Petitioners from letting their Coaches to Gentlemen, for their own private Use, which is a great Part of their Trade; and the Petitioners are advised, such Restriction is not within the Meaning of the said Act: And praying, That the House will explain the said Act, touching the Premises aforesaid.

Ordered, That Leave be given to bring in a Bill to explain the Act for regulating and licensing Hackney Coachmen: And that Mr. Conyers and Sir Wm. Coriton do prepare, and bring in, the said Bill.

Wilton Bridge.

A Bill for Repeal of an Act made in the 39th Year of the Reign of Queen Elizabeth; and for taking off the Duty of Pontage payable at Wilton Bridge, near Rosse Bridge, in the County of Hereford, was read the First time.

Resolved, That the Bill be read a Second time.

Dawson's Estate.

Ordered, That Mr. Hoar, Mr. Westerne, Sir Tho. Lee, Mr. Mason, Mr. Hillersden, Mr. Beake, Mr. Venables, Sir Robert Smith, be added to the Committee, to whom the ingrossed Bill, from the Lords, for vesting Part of the Estate of Joseph Dawson Esquire in Trustees, for Payment of Debts, is committed.

Eyme's, &c. Nat.

Mr. Elwill reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for naturalizing Solomon Eyme, and others, was committed, That they had made some Amendments to the Bill; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were twice read; and, upon the Question severally put thereupon, agreed unto by the House; and are as follow; viz.

Press 3, L. 33, and 34, leave out "John Prevost," and insert "Isaac Berthon."

Press 4, L. 21, leave out "John Prevost," and insert "Isaac Berthon."

Press 5, L. 21, and 22, leave out "John Prevost," and and insert "Isaac Berthon."

Bristoll Hospitals, &c.

A Bill for the erecting of Hospitals and Work-houses within the City of Bristoll, for the better employing and maintaining the Poor thereof, was, according to Order, read the First time.

Resolved, That the Bill be read a Second time.

* * * *

Hawkers and Pedlars.

Ordered, That the Report from the Committee, to whom the Bill for Suppressing of Hawkers and Pedlars was committed, be made upon Saturday Morning next.

Plantation Trade.

A Petition of several French Protestants, residing in and about London, in behalf of themselves, and other French Protestant Families settled in the English Plantations in America, was presented to the House, and read; setting forth, That the Petitioners, being prosecuted for their Religion in their native Countries; and being encouraged to come over into England, by the Declaration of King Charles the IId, in July 1681; and since, by another of his present Majesty's in April 1689; they accordingly did, at great Hazard and Expence, transport themselves into England and America; where they have improved the English Colonies by Trade and great Labour; and especially Carolina and New-York, which are chiefly inhabited by French Protestants,who have employed what little they could save in the Improvement of Trade there, for a Maintenance for their Families: That in the Bill, now before the House, for preventing Frauds, and regulating Abuses, in the Plantation-Trade, there is a Clause, That no Person, other than such as are Natives of England or Ireland, or born in his Majesty's Plantations, shall trade, as a Merchant or Factor, in the Plantations, under a Penalty: That, if such a Clause be inserted, many of the Petitioners must be undone, and their Families starve; or return to England, to subsist upon the publick Charities: And praying, That the House will omit the said Clause in the aforesaid Bill; which will be the Petitioners Ruin if it should pass.

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

English East India Company.

Ordered, That the Bill for settling and regulating the Trade to the East-Indies be read a Second time upon Monday Morning next.

English and Irish Forfeitures.

Ordered, That the Bill for vesting in the Crown the forfeited Estates in England and Ireland; and to vacate all Grants made thereof; be read a Second time upon Tuesday Morning next.

Taking off Obligation to coin Guineas.

The House proceeded to take into Consideration the Amendment, made by the Lords, to the Bill for taking off the Obligation and Encouragement for coining Guineas, for a certain Time therein mentioned:

And the same was once read; and is as followeth; viz.

"And whereas the Importation of Guineas from beyond Sea may prove very prejudicial to this Kingdom, in the present Conjuncture, if not prevented; Be it therefore Enacted, by the Authority aforesaid, That, from and after the said 2d Day of March until the said First Day of January, it shall not be lawful for any Person or Persons to import Guineas, or Half-Guineas, into this Kingdom, on any Pretence whatsoever."

The said Amendment was read a Second time:

And an Amendment was proposed to be made therein, by adding "upon Forfeiture of all such Guineas, or Half-Guineas, as shall be so imported; one Moiety thereof to his Majesty, and the other to such Person or Persons as shall seize or prosecute for the same; to be recovered by Bill, Plaint, or Information, in any of his Majesty's Courts of Record at Westminster; wherein no Essoin, Protection, Privilege, or Wager of Law, shall be allowed, nor any more than One Imparlance."

And the said Amendment was, upon the Question put thereupon, agreed unto by . . . .

Then the Amendment was read a Third time.

Resolved, That this House doth agree with the Lords in the said Amendment, so amended.

Ordered, That Mr. Godolphin do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendment, with an Amendment: To which Amendment, they desire their Lordships Concurrence.

Tregony Election.

Colonel Granvill, according to Order, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Tregony, in the County of Cornwall, as it appeared to the said Committee, and the Resolutions of the Committee thereupon; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

Tregony Election.

Upon the several Petitions of Sir Jos. Tredenham, and Seymour Tredenham Esquire, complaining of an undue Election of Francis Roberts Esquire and James Mountague Esquire:

The Committee have examined the Merits of that Election.

That, upon the Poll, the Numbers were thus;

That it was agreed, That all such Inhabitants of the said Borough as did provide for themselves, whether they lived under the same Roof or not, had a Right to vote.

But the Petitioners insisted, That the Mayor ought not to have voted; and that the capital Burgesses, if they were not House-keepers, had no Right to vote: Which was denied by the Counsel for the Sitting Members.

That the Sitting Members had given Exceptions to Nine of them that polled for the Petitioners; which the Petitioners insisted they could justify; and also would justify 17 others, that would have voted for them, and were refused by the Mayor to be polled.

That the Petitioners also insisted, That many ill Practices had been used by the Sitting Members or their Agents, with relation to the said Election.

And, for the Petitioners, were first called,

Henry Greby: Who said, That the Town had been a long time dissatisfied with the Election of Strangers: That about 140 went to Sir Joseph Tredenham's House, and desired him to stand for the said Borough; and that the Mayor had promised to do what he could for him: But Mr. Harvey, Mr. Boscawen's Steward, said, His Master expected both Votes; at which the Town being dissatisfied, they desired Mr. Seymour Tredenham to stand:

That it was given out, That such as were Mr. Boscawen's Friends, if they would give a single Vote, they should have 6 d. a Day; and, if a double Vote, 12 d. a Day: And that the Mayor said, Sir Joseph would lose it, unless he did as they did: And that one Melchisedeck Kinsman, who voted for Mr. Roberts and Mr. Mountague, had before promised Sir Joseph; and being asked, Why he went off? he said, He got Two Hogs by it; One of which Hogs, he believes, was worth 30s.:

That Wooldridge said, He had 1,000 Weight of Tin, which he was to distribute: And that, a little before the Election, the Mayor said, He could have 100 l. for Ten Voices.

To prove the 9, that had polled, and was now objected to, had a Right, they called,

Henry Greby, Ja. Triscawen: Who said, That Tho. May was a Housekeeper, and had lived in Town above Four Years:

But, on the other Side, it was testified, That he was a poor Man, and had lived (a) [that Time] under Presentments:

That Henry Bowman had been a House-keeper for Three Years and upwards:

On the other Side, it was testified, He was under the same Circumstances as May:

That Henry Triscawen was a House-keeper, and solicited for the Sitting Members; and said, He might have had 6 l.:

On the other Side, it was testified, That, all the Time of the Election, he lay in a Hog-stye:

That John Morse had an Estate in Tregony of 14 or 16 l. a Year, and was a House-keeper:

That Henry Tiller is a House-keeper:

That John Collet is a House-keeper, and kept an Inn:

That Richard Pasco is a House-keeper, and by Trade a Mason, and sometimes abroad for Half a Year; but his Sisters at that Time lived in his House:

On the other Side, it was testified, That his Sisters did not live with him, and he had no Servant:

That Wm. Barnicote was a Housekeeper:

On the other Side it was testified, That he worked in a Chamber, and had no Chimney:

That Peter Gummer kept a Shop:

On the other side, it was testified, That he lodged with his Brother, and had neither Pot, nor Bed.

That as to the 17, refused by the Mayor to be polled, the Evidence was thus;

That John Collins did vote before:

That James Dodge is a House-keeper:

On the other Side, it was testified, That he lay under a Presentment and was a very poor Man:

That William Bedford is Minister of the Town, and pays Rates:

But, on the other Side, it was proved, That he boarded with Thomas Tonkyn at the Time of the Election:

That Ra. Tiller is a House-keeper, and was solicited on the other Side:

For the Sitting Members it was proved, That he had received Charity, but not constant Alms:

That John Collett junior was Clerk of the Market:

That Silvester Husbands is Crier of the Town, and a House-keeper:

On the other Side, it was proved, He was a very poor Man, and, 4 Years ago, had been in an Alms-house:

That Richard Marke maintained himself, and rented a Shop at 4s. a Year:

That John Minors did rent a House; but it was owned he had received Charity:

That Elias Herd rents a House, and maintains himself:

On the other Side, it was proved, He was a very poor Man, and his Wife buried by the Charity of the Town.

That then the Petitioners proceeded to disqualify 18, that they had excepted to, of the Sitting Members Voters: And for that they called,

Triscawen: Who said, That Peter Willicomb was no House-keeper; but went out of Town 3 Quarters of a Year since, and lived at Torrington; but it was owned, he had been Mayor:

On the other Side it was testified, That he had reserved a Chamber in the House he before lived in, and lay there at the Time of the Election:

That Thomas Tonkyn wanted a Month of Age at the Time of the Election:

That John Dean was a Servant; and was removed to some other Town 2 Years before the Election:

On the other Side, it was testified, That he was always a House-keeper; and only went for a few Days to assist his Brother; and reserved a Room, and had Housholdgoods:

That Ri. Moyle was no House-keeper:

On the other Side, it was testified, He kept a Shop:

That Anthony Woolhouse was an Exciseman, and a Lodger:

On the other Side, it was proved, That he kept a MaidServant, and dressed his own Meat:

That Henry Hill lived with his Father:

On the other Side, it was said, He lived in a House of his own:

That James Hitchin received Collection:

On the other Side, That he voted formerly.

That the Evidence against the rest was not positive, but upon Hearsay.

That the Petitioners, to prove several ill Practices by the Sitting Members, or their Agents, they called, Richard Betty: Who said, That Cann appeard for Mr. Boscawen and Mr. Mountague; and that Cann would have given him 20s. to vote; but he would not take it.

John Knight said, That John Knight senior had promised Sir Joseph Tredenham One Voice; but afterwards Mr. Harvey, Mr. Drinkwater, &c. told him, That if he did not vote for Mr. Boscawen, he must turn out of all Employments:

That Wooldridge had 10 s.; Harvey 10 s.; Ripping and Cann 20 s. between them; and he saw the Money given:

That Mr. Boscawen asked, Who he was for? and then promised him a Lease; and put it down in his Book:

That a double Voice had 12 d.; and a single Voice but 6d.

That he met Wooldridge, and some others, on the Election-day; and says He, Here is 25s. for the Time past; and, if you will not vote for Mr. Boscawen you shall not vote at all.

Pascoe Collins said, Cann offered him 3 l. to vote for Mr. Mountague, and gave him 2s.; and was offered 4 l. by the Mayor the Election-day in the Morning, to go off from Sir Joseph, and vote for Mr. Mountague.

James Turnoe said, That Mr. Harvey requested him to vote for Mr. Boscawen, and his Friends; and told him, A single Vote would not be accepted; and said, He would give him 50 s.; but he did not accept of it: And Pentyre, Agent for Mr. Boscawen, said, He would give him 6 l. and make it worth 10 l. to him; but he voted for the Petitioners.

Robert Tiller said, That he was offered 3 l.; whereof he received 10 s.; and when he had given both his Voices against Sir Joseph, he was to receive the other 50 s.; and told him, If 3 l. was not enough, he should have what he would.

James Triscawen and Wm. Barnicote testified, That the Mayor said, He might have 100 Guineas, if he would be against Sir Joseph Tredenham; but he would not, for the Kindness he had for him.

John Collet said, the Mayor told him, If he would be for Mr. Boscawen, he should have a Voice; and that Ripping, and some others, gave him 16 Half-crowns in Hand to have voted for the Sitting Members; but he returned the Money again, and was refused his Voice afterwards:

That he asked Gild the Reason, Why he would be against Sir Joseph? And he said, He had 30 l. of Mr. Boscawen to set up his Trade.

Tho. May heard the Mayor say, Two Days before the Election, If Sir Joseph had 100 Voices more than the others he should not carry a Burgesship.

That, for the Sitting Members, were called,

John Cole: Who said, He was Steward to Mr. Roberts; and says, That, when the Voices were cast up, the Majority fell upon the Sitting Members: That some Queries were made; and those that were made out were allowed, on both Sides; and Sir Joseph, as he thought, seemed satisfied; but did say to Mr. Boscawen, He would see him in another Place.

John Wooldridge said, That James Triscawen did manage for Sir Joseph Tredenham; and he asked him, If Sir Joseph had paid him? To which Triscawen answered, That he had not; and that, if Sir Joseph did not carry it, he questioned whether ever he should be paid.

Thomas Tonkyn said, That the Right of Election was in the Mayor, Burgesses, and Inhabitants paying Scot and Lot.

That as to ill Practices, on the Petitioners Side, they called,

Tho. Carew: Who said, He was at Sir Joseph Tredenham's House, Half a Year before the Election; and Sir Joseph gave him 10 s.: That he told Sir Joseph, He was in Debt 5 l.; and Sir Joseph said, He should not want that: That a little before the Election he tendered the 10 s. to Sir Jos.; but he would not accept of it: That he did not vote for Sir Joseph; and, after the Election was over, he sent for the 10 s.; And denied that ever he said any thing of receiving 25 l. for a Voice:

But being confronted by 3 Persons, they testified That he had said, That . . . had, or could have, 25 l. for his Voice.

Wooldridge denied, That he ever offered Carew any Money to vote.

Another Witness said, He asked Tho. Gummer, Why he was against his Landlord? and he said, He had 20 s. for his Voice; that Mr. Seyniour Tredenham bid him go to one Ralph for it; which, accordingly, he did, and received it.

Tregony Election.

Roger Sundercombe said, He was offered 3 l. by Stephen Gibbs, Servant to Sir Joseph Tredenham, for his Voice.

Charles Crocker said, Pascoe Collins told him, That he was with Sir Joseph, and he promised him 3 l. 10 s.; and afterwards had his Money.

Hugh Livy said, Sir Joseph's Servants asked a Voice for his Master; for that his Master's Business was dangerous; and told him, if he would vote for his Master, he should have 5 l.; and that his Master John had a Ship of Timber coming home, and he should have what he would.

Ja. Triscawen said, He was requested by one of Sir Joseph's Men to vote for him; and he told them, They should have 50 s. a piece, or 5 l.

Mr. Harvey denied, That he had offered Turno any Money to vote.

That upon the whole Matter, the Committee came to these Resolutions;

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

Resolved, That it is the Opinion of this Committee, That James Mountague Esquire is duly elected a Burgess to serve in this present Parliament for the said Borough of Tregony.

The said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

Leave of Absence.

Ordered, That Mr. Lewis have Leave to go into the Country for Recovery of his Health.

Ordered, That Mr. Freke have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Avon Navigation.

A Petition of several Gentlemen, and Land-holders, in the Counties of Somerset and Gloucester, near Bath, was presented to the House, and read: setting forth, That the Bill, depending in the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somerset, navigable, if it should pass as it now is, will greatly prejudice the Petitioners; and will not be serviceable to the Publick, as is pretended: And praying, That they may be heard, by their Counsel, to offer their Objections against the said Bill.

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

Ditto.

A Petition of several other Gentlemen, and Landholders, in the Counties of Somerset and Gloucester, was presented to the House, and read; setting forth, That the Petitioners are informed, there is a Bill now depending in the House, for making the River Avon, through the Counties of Wilts, Gloucester, and Somerset, navigable; which, if it should pass into a Law, as the same now stands, will very much wrong and injure the Petitioners Freeholds; and be no ways serviceable to the Publick, as is falsly pretended: And praying, That they may be heard against the said Bill, before it pass this House.

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

State of the Nation—African Trade.

The House according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the State of the Nation, in relation to Trade; and particularly the African Trade.

Mr. Speaker left the Chair.

Colonel Granvill took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Colonel Granvill reported from the said Committee, That they had come to several Resolutions; which they had directed him to report, when the House will please to receive the same.

Ordered, That the said Report be made To-morrow Morning.

Encouragement of Privateers.

Resolved, That this House will, upon Saturday Morning next, take into Consideration the Amendments, made by the Lords, to the Bill for continuing the Acts for prohibiting all Trade and Commerce with France; and for the Encouragement of Privateers.

Committees.

Ordered, That all Committees be adjourned.

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