House of Commons Journal Volume 11: 28 March 1696

Sabbati, 28 die Martii;

8° Gulielmi Tertii.

Prayers.

Disposition by Will in Wales.

AN ingrossed Bill to take away the Custom of Wales, which hinders Persons from disposing of their personal Estates by their Wills, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to take away the Custom of Wales, which hinders Persons from disposing their personal Estates by their Wills.

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

Punishing Mutiny and Desertion.

The House proceeded to take into Consideration the Amendment, made by the Lords, to the Bill, intituled, An Act for continuing several former Acts for punishing Officers, and Soldiers, who shall mutiny, or desert his Majesty's Service; and for punishing false Musters; and for Payment of Quarters; for One Year longer:

And the said Amendment was twice read; and, upon the Question put thereupon, agreed unto by the House; and is as followeth; viz.

5th Skin, 30th L. leave out from the Word "and," inclusive, to the End of the Bill.

Ordered, That Sir John Bolles do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendment.

Preventing Escapes.

An ingrossed Bill for the preventing Escapes; and better Security and Relief of Creditors; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the preventing Escapes; and better Security and Relief of Creditors.

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

Practisers of Law to take Oaths.

An ingrossed Bill for requiring the Practisers of the Law to take the Oaths to his Majesty.

Resolved, That the Bill do pass: And that the Title be, An Act requiring the Practisers of the Law to take the Oaths, and subscribe the Declaration, therein mentioned.

Ordered, That Sir Rowland Gwyn do carry the Bill to the Lords, and desire their Concurrence thereunto.

A Message from the Lords, by Sir Richard Holford and Mr. Pitt:

Mr. Speaker,

Encouraging Seamen.

The Lords have agreed to the Bill, intituled, An Act for the Increase and Encouragement of Seamen, with some Amendments: To which Amendments they desire the Concurrence of this House.

And then the Messengers withdrew.

Duty on Leather.

A Petition of the Tanners in and about the City of London, on behalf of themselves, and all others of the same Trade in the Kingdom of England, was presented to the House, and read; setting forth, That there is a Bill now before the House for continuing several Laws therein mentioned; One of which relates to the Exportation of Leather, which is a great Benefit to the Kingdom; and that the Cordwainers in and about London have also petitioned the House, complaining of the Lowness of the Duty upon unwrought Leather exported: The Petitioners pray, they may be heard to shew their Reasons why the said Law should be continued as it now is.

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

Encouraging Seamen.

A Motion being made, and the Question being put, That the House do proceed to take into Consideration the Amendments made by the Lords, to the Bill for the Increase and Encouragement of Seamen;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Then the said Amendments were twice read; and, upon the Question severally put thereupon, agreed unto by the House: and are as follow; viz.

3 Skin, 30 L. after "and," read "or."

32 L. after "and," read "or."

5 Skin, 5 L. after "Office," read "or such other Office as shall be appointed by his Majesty, his Heirs and Successors."

23 L. after "Office," read "or other Office, as aforesaid."

39 L. after "Office," read "or other Office, as aforesaid."

7 Skin, 28 L. after "Office," read "or other Office, as aforesaid."

9 Skin, 41 L. after "them," read "or the Commissioners of the Navy for the Time being, or any Three of them; or such Persons as shall be appointed by the King for keeping the said Register, or any Three of them: or by the Vice-Admirals of the several Counties, or their Deputies."

10 Skin, 4 L. after "Infirmity," add "attested by the Oath of Two credible Witnesses."

12 L. after "being," read "or the Bonds of the Navy for the Time being, or any Three of them; or such Persons as shall be appointed by the King for keeping the said Register, or any Three of them; or by the Vice-Admirals of the several Counties, or their Deputies."

35 L. after "Pay," add "but such Person, for such Offence only, shall not suffer as a Deserter;" and then insert the Proviso A: "Provided, That nothing in this Act contained shall extend to take away or alter the Punishment appointed by an Act, made in the 13th Year of the Reign of King Charles the 2d, for such Captains, Officers, or Mariners, as shall desert the Service of his Majesty, his Heirs or Successors, in his Ships, or shall run away from the said Ships, or entice others so to do."

At the End of the Bill, add Proviso marked B; viz. Provided always, and be it further Enacted, by the Authority aforesaid, That nothing in this Act contained shall be construed to extend to the debarring any Person from being a Chaplain, Surgeon, or any other Officer, in any Office in the Navy, not of Necessity to be executed by a seafaring Man."

Ordered, That Sir Harry Hobart do carry the Bill to the Lords, and acquaint them, That this House hath agreed to the said Amendments.

Colchester Election.

Colonel Granville, according to the Order of the Day, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Colchester, in the County of Essex, 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.

Upon the Petition of several of the Freemen and Burgesses of Colchester, complaining of an undue Election of Sir John Morden to serve for that Borough:

The Committee have examined the Merits of that Election.

That the Right of Election was agreed to be in the sworn Burgesses, not receiving Alms:

That there was, at this Election, a Poll taken by the Town-Clerk; another Poll taken for Sir John Morden: and another Poll taken for Sir Tho. Cooke.

That the Poll taken for Sir John Morden did give the Majority, by 2 or 3, for Sir Tho. Cooke; and the Poll taken for Sir Tho. Cooke did give the Majority, by the like Number, for Sir John Morden; and the Numbers, upon the Poll, taken by the Town-Clerk, who sat most commodiously for taking the same, at the Time of closing the same, were agreed to be thus:

But the Account the Town-Clerk gave the Mayor of the Poll, was,

By which Account Sir John Morden had the Majority by Six; though the Fact was, That really Sir Thomas Cooke had the Majority of his Poll by Two: But it was also proved, and not disowned by the Town-Clerk, That the Town-Clerk, upon telling the Mayor the Numbers of the Poll, did say, That he was not certain.

And John Sewell, Giles Abbott, testified, The Mayor, before the Election, did say, That Sir Isaac Rebow and Sir John Morden should be returned: And offered to lay Two Guineas to One of it: But

Sam. Hall, who was produced on behalf of Sir John Morden, said, He was by, at the time Sewell spake of; and did not hear the Mayor say any such Words.

That, for the Petitioners, it was insisted, That the Mayor had denied a Scrutiny; and that many had polled who had no Right to poll.

That, as to the Matter of the Scrutiny, The Petitioners called

Mr. Wm. Duboyes, Mr. John Duboise, Mr. Tho. Morthy, Mr. Tho. Ruse, Mr. John Potter, Mr. Fra. Acton: Who said, That Sir Thom. Cook was invited to stand for Colchester, having been a Benefactor there: That, upon casting up the Poll, Mr. Kendall, that took the Poll for Sir Isaac Rebow, found One or Two more for Sir Tho. Cooke than for Sir John Morden: That, thereupon, Mr. Bennet, Sir John Morden's Brother-in-Law, demanded a Scrutiny upon Sir John Morden's Account: That the Town-Clerk, in casting up the Poll, told the Mayor, He made it Six for Sir John Morden; but said, He was not certain; and desired the Mayor would not declare that Night: That several demanded of the Mayor to declare for Sir Thomas Cook; and a Scrutiny was demanded; and the Books were sealed up, in order to a Scrutiny the next Day: That the next Day, before the Mayor declared, Mr. Shaw demanded a Scrutiny again; but the Mayor declared for Sir Isaac Rebow and Sir John Morden; but refused to declare the Numbers, saying, That he would not return Sir Tho. Cook; but he had his Remedy in Parliament: That Sir Isaac Rebow did say, It signified nothing to put down Queries, for there should be a Scrutiny for the Whole: That some Objections were made at the Time of the Poll, and several were struck out: But several Queries were left upon Foreigners, and Alms-men: But Mr. Potter did confess, that he had a List of the free Burgesses in his Hand at the Time of the Poll; but could not say it was an exact Copy: And that Sir Isaac Rebow, after the Poll was over, did say, It was plain Sir Thomas Cook had it upon the Poll.

That, to answer which Part of the Evidence for Sir John Morden, was called,

Major Haynes: Who said, That there had been a Difference between him and the Lord Lucas, touching 450 l. recovered of him for Money he engaged for at the last Election of Colchester, when Sir Thomas Cooke stood; and that Sir Tho. Cook would not do any thing in it, till the last Parliament was dissolved: And that Sir Tho. Cook said, If he would dissuade Sir John Morden from standing, and engage Sir Isaac Rebow for him, he should have his Money; but it must not be known to be from him, for fear of Bribery.

But Mr. Roberts, being produced, on behalf of the Petitioners, said, That Major Haines desired him to go to Sir Tho. Cook for to procure an Accommodation between my Lord Lucas and him; and said, That if Sir Tho. Cook would accommodate the Matter, he would persuade Sir John Morden not to stand, or prevail with Sir Isaac Rebow to join with him: And, at last, Major Haines said, If Sir Tho. Cook would give him 250 l. he would do what he had promised, and stand upon his own Feet with the Lord Lucas.

That, further, for Sir John Morden, was called,

Thom. Smith, Mr. Kellam, Mr. Wm. Mott, Mr. John Henly, Mr. Simeon Howard: Who said, That several went about the Town, and declared Sir Isaac Rebow was a Corn-Merchant: and that One said, He had Three Guineas to make a Party for Sir Tho. Cooke; and that the Mayor, upon the Town-Clerk's saying Sir John Morden had the Majority, closed the Poll: But Sir John Morden durst not ride that Night because of the Tumult: That they did not hear a Scrutiny demanded till next Morning; and that, after the Mayor had declared the Election, when the Mayor told them it was too late.

That, for the Petitioners, Exceptions were taken to several that voted for John Morden: And the first Exception was of 27 that could not be found in the Freemen's Books: And for that they called,

Mr. James Shelton: Who said, As to Samuel Mott, he was disfranchised:

And as to Robert Potter, George Clarke, Tho. Burton, Wm. Hall, Abraham Langly, John Tatem, Sam. Ryder, Robert Robbery, Michael Behates, John Drake, Tho. Draper (minor), Joseph Ewry, Jerem. Groom, Samuel Gibson, Henry Hall, Robert Humphry, John Herbert junior, Nath. Legg, Sir Fra. Massam, Wm. Mott junior, James Peacock, Tho. Prigg, Dan. Pilson, James Rich, Joseph Tabor, John Wheeley; he had searched, and could not find their Names in the Books, except Three or Four, that were so long ago that he did not believe they could be the Men:

That they all polled for Sir John Morden; but, he believed, One or Two of them polled for Sir Tho. Cook also.

That, on the other Side, to justify several of those Voices, was called,

Mr. Wheely: Who said, That Wm. Mott junior's Name is entered in the Freemens Book:

That James Rich was a Freeman:

That Langly has voted at Elections of Magistrates; but was a Quaker, and had not sworn:

That Sam. Gibson is a Freeman of the Town.

Mr. Glascock said, That Sir Fra. Massam was sworn:

Which was allowed by the Petitioners.

That Joseph Tabor is entered:

That Jeremy Groom and Nathaniell Legg were Freemen.

Mr. Hayward said, That John Wheely had polled Five or Six Years;—is Servant to Sir Isaac Rebow.

John Drake said, That Joseph Ewry was a Freeman.

John Blows said, That Henry Hall was a Freeman.

That, for the Petitioners, there was also produced several Certificates taken out of the Register Books:

By which it seemed, That Oliver Burkyn, John Harvey, Richard Feild, Abr. Behaites, Fra. Mortier, William Rush, Arth. Wencesly, John Cater, Jeremy Talcot, John Shory, were under Age at the Time of the Election:

But as to Francis Mortier, for Sir John Morden, was produced another Certificate; which says, He was baptized 6th April 1673. And

Rich. Feild senior said, That his Son, Richard Feild, was of Age at the Time of the Election; and was Four or Five Years old, when he was registred.

Mr. Shelton also said, That 58 others that voted for Sir John Morden had taken up their Freedom in the Time of the present Mayor; who was sworn on 29 September last:

But the Town-Clerk, being called on the other Side, said, That, of the 58, 12 were sworn upon the 14 October; and Three on the 12 October, being the Day of the Teste of the Writ; and that the said 12, as well as the Three, had a Right to demand their Freedoms; but all the rest were sworn before the Teste of the Writ.

That the Petitioners also insisted, That some Alms-men had voted for Sir John Morden: And called,

Mr. Shelton: Who said, He had examined the Poors Book, and found that Abraham Dehaine, Tho. Roman, John Martin, Thomas Laye, Tho. Coule, Jos. Ward, are in the Poors Book, and receive out of the Poors Rate.

Mr. Glascock said, That Thomas Tyler lived in an Almhouse, and the Parish find him Wood.

Mr. Purchase said, That Tho. Bennet was in the ParishBooks for 1s. last Year; and had taken Alms since last Christmas.

That, on the other Side, was called,

Mr. Kendall: Who said, That Coule drove a considerable Trade; and was reputed worth 200 l.

Mr. Haywood: Who said Laye was no Alms-man:

That he could not find Jos. Ward in the Poors Books.

That Sir John Morden, to disqualify several that voted for Sir Tho. Cook, called,

Mr. Wheely: Who said, That Three, viz. Cockerhill, Wood, and Pierson, that voted for Sir Tho. Cook, were made free after the Teste of the Writ:

That as to Wm. Banks junior, Wm. Hill, John James, Moses Chappell, John Smith, James Row, John Sparrow, Tho. Essex, Dan. Bruce, Tho. Seabrook, John Pierson junior, Tho. Brewer, John Sebourn, Abra. Vore, Samuel Choke junior, Geo. Harrison, Jos. Rich, Jasper Walters,^* Martindale, Nath. Nevill, John Walker, Jam. Harrison, John Garland, Math. Butcher, John Lucas junior, John Brooks, Tho. Richardson, Tho. Blythe; he had examined the Books, and could not find their Names entered; but, at the same time, he said, He had not seen the Free-schoolbook, wherein many of the Freemens Names are entered. And

Colchester Election.

Mr. Glascock, being called on the other Side, said, That John Smith, John Sebourn, Dan. Bruce, Tho. Blythe, Geo. Harrison, ^* Martindale, Nath. Nevill, John Walker, James Harrison, were Freemen.

Mr. Shelton said, That Jasper Walters was a reputed Freeman; was in the Government of Colchester; and had made Apprentices free.

Mr. Purchase said, That Mathew Butcher is a Freeman; and that he saw him sworn.

Mr. Pullen said, He saw Moses Chappell sworn.

Mr. Choak said, He saw John Brooke sworn.

Mr. Scrivener said, He saw Abra. Vore sworn.

That, further for Sir John Morden, was called,

Mr. Wheely: Who proved, That Charles Great, Isaac Burbredge, John Mittchel, Sam. Choak, Caleb Pilgrim, John Sparrow, and John Farrow, to be under Age at the Time of the Election. And

John Pierson said, That his Sons, John and Henry Pierson, Two other of Sir Tho. Cook's Voters, were under Age at the time of the Election.

Mr. Hayward said, That Nine that voted for Sir Thom. Cooke received weekly Alms

That Four others had their Rent paid by the Parish:

That One lived in an Alms-house:

That Seven others had occasionally received Alms; but could not say he found them in their Books:

That as to Eleven others, they received Cloth at Christmas, being paid by that, which they call Raboot-money:

But it appeared, that That Cloth was not found at the Charge of the Parish.

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

Resolved, That it is the Opinion of this Committee, That Sir John Morden is not duly elected a Burgess to serve in this present Parliament for the Borough of Colchester, in the County of Essex.

Resolved, That it is the Opinion of this Committee, That Sir Thomas Cook is duly elected a Burgess to serve in this present Parliament for the said Borough of Colchester.

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 Sir John Morden is not duly elected a Burgess to serve in this present Parliament for the Borough of Colchester, in the County of Essex;

It passed in the Negative.

Leave of Absence.

Ordered, That Mr. Tilney have Leave to go into the Country, upon extraordinary Occasions.

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

Ordered, That Sir William Strickland have Leave to go into the Country, upon extraordinary Occasions.

Plantation Trade.

A Message from the Lords, by Sir Miles Cook and Sir Richard Holford:

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act for preventing Frauds, and regulating Abuses, in the Plantation Trade, with several Amendments: To which Amendments they desire the Concurrence of this House.

And then the Messengers withdrew.

Yarmouth, Isle of Wight, Election.

Colonel Granvill reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Yarmouth, in the County of Southampton, as it appeared to the said Committee, and the Resolution of the Committee thereupon; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the Petition of John Acton Esquire, complaining of an undue Election of Anthony Morgan Esquire to serve for the Borough of Yarmouth, in the Isle of Wight:

The Committee have examined the Merits of that Election.

That the Right of Election was agreed to be in the Mayor and Burgesses.

That, upon the Poll, there was,

But the Petitioner insisted, That one Mr. Urry, who voted for the Sitting Member, had surrendered his Burgageship; and Five others were unduly admitted to be Burgesses.

That, to prove the Surrender, the Petitioner produced an Entry in the Town-Book; whereby Mr. Thomas Urry desired the Corporation to excuse his Attendance, and choose another chief Burgess in his room: And accordingly Mr. Richard Vally was elected and chosen in his room.

As to the undue making Free of the Five other Burgesses, they produced,

Mr. John Barker: Who said, He had been Mayor of Yarmouth, and had looked into the Records of the Town, and found it to be customary for the Majority of the capital Burgesses to consent to make a Freeman; but believes some have been made free when but Three or Four of the capital Burgesses have been present; but then others have consented.

And also produced a By-Law, made 21 September, 22 Car. II di.; by which it is agreed, That no chief Burgess, or free Burgess, should be made, unless the Mayor, and Five of the chief Burgesses, be present, and consent.

That the Petitioner also called,

Mr. James Dore: Who said, That Edward Cowper, David Stevens, John Lee, John Chiverton, and Daniel Dickenson; whereof the First was Servant to Major Holmes, and lived in a Farm of his; and the other Four were also the Major's Tenants; were made free without his Consent, or the Consent of Mr. Cotton and Mr. Hook; so that though Seven were really present, yet not above Four, with the Mayor, consented to their being made free: But however, he could not say, that any Dissent was declared publickly: But after they were made free, he told Major Morgan it was not fairly done.

Mr. Robert Dyer, Mr. Lucas Brown, said, That these Five, now excepted to, were excepted to at the Time of the Poll.

For the Sitting Member, it was insisted,

That though Mr. Urry had surrendered his chief Burgageship, yet he remained a free Burgess, and had a Right to vote.

And produced a By-Law, 21 Sept. 1680, by which it was agreed, That no chief or free Burgess should be elected, unless the Mayor, and major Part of the chief Burgesses, were present, upon Penalty of 10 l: Which, the Sitting Member's Counsel insisted, was a Repeal of the former By-Law; and the Election of the Five objected to by the Petitioner, was according to the last ByLaw.

That it also appeared to the Committee, That Richard Vally, who voted for the Petitioner, had been disburgessed.

And a Witness said, He could not find Mr. Conyers, another of the Petitioner's Voters, in the Book of the free Burgesses.

That the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Anthony Morgan Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Yarmouth in the Isle of Wight.

The said Resolution, being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

Ways and Means.

Sir Thomas Littleton, according to the Order of the Day, reported from the Committee of the whole House, to whom it was referred to consider of Ways and Means for raising the Supply to be granted to his Majesty, for defraying the Expences of the Civil List for the Year 1696; and for the Relief of the poor French Protestants; the Resolutions of the said Committee; 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 read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That, towards the Supply to be granted to his Majesty, for the defraying the Expences of the Civil List for the Year 1696; and for the Relief of the poor French Protestants; a Duty of One Peny per Gallon be laid upon all low Wines of the first Extraction, drawn or made only from Drink brewed, and made of any Sort of malted Corn.

Resolved, That it is the Opinion of this Committee, That a Duty of 12d. per Gallon be laid upon all low Wines, and Spirits of the first Extraction, made or drawn from Brewers Wash, or Tilts.

Resolved, That it is the Opinion of this Committee, That a Duty of 3 d. per Gallon be laid upon all low Wines, or Spirits of the first Extraction, made or drawn from any other English Materials.

Resolved, That it is the Opinion of this Committee, That a Duty of Eight-pence per Gallon be laid upon all low Wines, or Spirits of the first Extraction, made or drawn from any foreign or imported Materials, or any Mixture with foreign Materials.

Resolved, That it is the Opinion of this Committee, That a Duty of 12s. per Barrel be laid upon all mixed Liquors, commonly called Sweets.

Resolved, That it is the Opinion of this Committee, That the said Duties be granted to his Majesty for the Term of Five Years from the 25th Day of March 1696.

Resolved, That it is the Opinion of this Committee, That, for raising the said Supply, his Majesty be impowered to borrow the Sum of 515,000 l. upon the said Duties, and upon the Revenue; to be paid after the Tallies already struck thereupon.

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

Ordered, That a Bill or Bills be brought in upon the said Resolutions: And that Mr. Attorney General, Mr. Solicitor-General, and Mr. Clark, do prepare, and bring in, the Bill or Bills.

Resolved, That it be an Instruction, That they be impowered to make Provision for the better securing his Majesty's Duties of Excise on Beer, Ale, and other Liquors; and for preventing the Frauds and Abuses of the Brewers, Distillers, and other Persons chargeable with the said Duties.

Supply Bill; Duty on French Goods.

Sir Thomas Littleton also reported, from the said Committee of the whole House, the Amendments, made by them, to the Bill for granting to his Majesty an additional Duty upon all French Goods and Merchandize; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

A Clause was offered, to be added to the Bill, for Sale of Goods left in Ships, upon Clearing; with Blanks therein:

And the same was twice read; and the Blanks filled up; and afterwards withdrawn, by Leave of the House.

An Amendment was proposed to be made in the Bill, to except Salt:

And the Question being put, That Salt be excepted;

It passed in the Negative.

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

English East-India Company.

A Motion being made, and the Question being proposed, that this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider further of the Bill for settling and regulating the Trade to the East-Indies;

An Amendment was proposed to be made to the Question, by adding "after the Third reading the ingrossed Bill for restraining the Wearing of all wrought Silks, Bengals, and dyed, printed, or stained, Callicoes, imported into the Kingdom of England, of the Product and Manufacture of Persia, and the East-Indies:"

And the Question being put, That those Words be added to the Question;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Resolved, That this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider further of the Bill for settling and regulating the Trade to the East-Indies, after the Third reading the ingrossed Bill for restraining the Wearing of all wrought Silks, Bengals, and dyed, printed, or stained, Callicoes, imported into the Kingdom of England, of the Product and Manufacture of Persia, and the East-Indies.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till Monday Morning, Nine a Clock.