House of Commons Journal Volume 11: 2 February 1694

Veneris, 2 die Februarii;

5° Gulielmi et Mariæ.

Prayers.

Clayton's Estate.

MR. Waller reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to indemnify the Trustees of James Clayton Esquire, for joining with him in selling Lands for Payment of his Debts, was committed, That they had examined and considered the Bill; and also the Petition of Robert Fleetwood, referred to them; and had heard the Petitioner, and his Witnesses: And that the Committee had made an Amendment 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 was read; and is as followeth; viz.

Pr. 1. L. 10, after "James," insert "the Second."

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

It passed in the Negative.

The Bill was read the Third time.

And the Question being put, That the Bill do pass;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ordered, That Mr. Waller do carry the Bill to the Lords; and acquaint them, That this House hath agreed to the Bill, without any Amendment.

Holt's Estate.

A Petition of Ann Gwavas, Executrix of William Gwavas deceased, who was the surviving Executor of John Coke Esquire, on behalf of herself, and Eleven Children, was presented to the House, and read; setting forth, That the said John Coke, in 1664, lent Sir Robert Holt, Father of Sir Charles Holt, by the Hands of Mr. Gwavas, 5,000l. on a Mortgage, in the Name of Andr. Fountein Esquire, in Trust for Coke; the Interest whereof was received by Gwavas, and applied to Coke's Use: That, in 1665, Coke settled a great Estate in Tail Male, with Power to grant Leases for 500 Years; and afterwards did, by Lease, demise the Manor of Holkham, &c. to Captain Coke, and Mr. Gwavas, for 500 Years, in Trust, for Payment of his Debts, Legacies, and Funerals: And the same Day Mr. Coke made his Will, and, as he had formerly declared, gave all his personal Estate to Mrs. Cobb, his Sister, Captain Coke his first Cousin, and Mr. Gwaves, whom he made his Executors, to their own Disposition; and soon after died; That Robert Coke Esquire entered on the entailed Estate, as next Heir Male: Captain Coke and Mr. Gwavas, on the TrustEstate; and the Executors, on the personal: But Mr. Fountein, having, by Surprize, gotten the Mortgage-Deeds of Sir Robert Holt's Estate, set up a Title thereto for himself: And thereupon the Executors exhibited a Bill in the Exchequer against Fountein; and he was decreed to assign Holt's Mortgage to the Executors, whose Right it was; and declared Fountein only a Trustee: That Robert Coke was satisfied in the Disposition of the personal Estate, and never questioned the same; but, after his Death, the Relations of Edward Coke exhibited a Bill in the Exchequer against the said Executors, where, in Hilary Term 1682, it was decreed, That John Coke's personal Estate, after Debts, &c. paid, should go in Ease of the real Estate; which Decree, as advised, is quite contrary to the Will; and against which the Petitioner hopes to be relieved: That the said Sir Cha. Holt hath preferred a Bill to this House for redeeming the said Mortgage, and that the Mortgage money may be paid into the Exchequer-Chamber, to the Use of such Person to whom it doth of Right belong; suggesting, That the said Executors are only Executors in Trust, That the Mortgage-money was decreed for the Benefit of Edward Coke, and That he obtained a Decree against Sir Cha. Holt, in Trinity Term last, for the same: That the said Decree, obtained against Sir Cha. Holt, was by Consent, to which the Petitioner is no Party: And, in regard the Petitioner's late Husband was at great Expence in defending several Suits, upon the Account of his said Executorship; and had disbursed more, by 2,000l. than he had received; as appears by Two Reports, the one, made in . . . Exchequer, in 1686, the other, in Chancery, in 1688.; the Petitioner prays, That she may be heard by Counsel, to offer Reasons against passing the said Bill; or that a Clause may be therein inserted, for Payment of the Money to the Petitioner; she being, as advised, the only Person intitled to receive the same

Ordered, That the Examination and Consideration of the said Petition be referred to the Committee, to whom the Bill for divesting several Securities out of Andrew Founteine Esquire, and others, and vesting the same in Trustees for raising and paying the Money due upon the said Securities; and assigning the Residue of the Estate, incumbered therewith, to Sir Charles Holt; is committed.

Preserving Wrecks.

Mr. Boscawen, according to Order, presented to the House a Bill to prevent the Spoils and Abuses committed upon Wrecks: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Oakhampton Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for the electing of a Burgess to serve in this present Parliament for the Borough of Oakhampton in the County of Devon, in the room of Henry Norleigh Esquire, deceased.

Disciplining the Navy.

Mr. Foley, according to Order, presented to the House a Bill for the better Discipline of their Majesties Navy Royal: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Privilege.

A Complaint being made to the House, That John Appleby, Richard Wootton, and William Mer, have arrested James Curteis, Coachman to the Lord Cornbury, a Member of this House, at the suit of Charles Goupye, and had taken away his Goods; in Breach of the Privilege of this House;

Ordered, That the said Charles Goupye, John Appleby, Richard Wootton, and William Mer, be sent for in Custody of the Serjeant at Arms attending this House, for the said Breach of Privilege.

Ease of Jurors.

Ordered, That the adjourned Debate, upon the ingrossed Bill for Ease of Jurors at the Assizes for England and Wales, be resumed upon this Day Sevennight.

Clitheroe Election.

Mr. Bowyer, according to the Order of the Day, reported from the Committee of Elections and Privileges, the Case touching the Election for the Borough of Clitheroe in the County of Lancaster, as it appeared to the said 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 John Weddall Esquire; and also upon the Petition of the Bailiffs, and several Burgesses of the Corporation of Clitheroe; complaining of an undue Return of Fitton Gerard Esquire, to serve for the said Borough;

The Committee have examined the Merits of that Election.

It was agreed, on both Sides, That the Right of Election was in the Burgesses and Freemen.

The Burgesses were such as had, in any Lands or Houses in the Borough, an Estate of Freehold or Inheritance: And they were of Two Sorts: Out-Burgesses, that lived out of the Borough; and In-Burgesses, that lived in the Borough, and had such Estate in Houses or Land there: And both these had Right of Electing.

The Freemen were such as lived in the Houses within the Borough as Tenants; and they had Right of Electing, when the Landlords did not vote for those Houses: But when they did, the Tenant had no Right of Electing.

It was likewise agreed, That there was every Year a Jury of Enquiry made, and kept on Foot for some time of the Year, to enquire into this Right of Burgesses and Freemen; and, upon their finding of it, the Persons so found were entered into a Book, called the Call Book, and sworn; and out of this Jury the Bailiffs were chosen.

It was also agreed, That Mr. Roger Manwaring, the Bailiff that returned the sitting Member, was found a Burgess by that Jury, and entered into the Book, and sworn: That there are Two Bailiffs; one called the OutBailiff chosen by the Out-Burgesses, and the other the In-Bailiff, chosen out by the In-Burgesses: And that the Out-Bailiff is the chief, and hath the Precedency.

But for the Petitioner it was objected;

That Mr. Manwaring was not duly chosen Bailiff, having been put up with Mr. Wilkinson, the Petitioner's Uncle, who had equal Voices, and was sworn in; and Mr. Manwaring never sworn, being a Minor, under the Age of Twenty-one Years.

To prove which was produced,

An Extract of the Register-Book of Swetnam; by which it appeared, That he was christened 19 June 1673: Neither did he ever act as Bailiff, but in this Business of the Election.

That the whole Number of Electors, at the time of the Election, was Eighty-five, Burgesses and Freemen: And That, upon a Poll, taken before Wilkinson and Lister, the Bailiffs, in the Town-Hall, which is the proper Place for making the Election, and to which Place Lister the In-Bailiff adjourned, from the Shambles, where the sitting Member's Poll was taken: And that, upon the Poll there, the Petitioner had Twenty-six Burgesses, and Nineteen Freemen; Forty-five in all: But none there gave any Vote for any-body else but the Petitioner; but a Place was left for those that would have polled for any body else: That, after the Poll was ended, one Proclamation was made, That all that had Right to vote should come: That afterwards the Petitioner was declared by the said Bailiffs; and an Indenture drawn up, and signed by the Bailiffs and Electors, and sealed with the Common Seal of the Borough, according to Custom; and tendered to the Sheriff, to be annexed to the Precept; who told them, He had annexed to it, before, another Indenture, whereby the sitting Member was returned. This was proved by Whittacre, Kenyon, and Oddy the Town-Clerk.

Clitheroe Election

Which last also testified, That he was proffered, by one Captain Crofts, something should be worth Five Guineas, if he would vote for the sitting Member; but had nothing given him; nor voted for him, but for the Petitioner.

Nowell said, That he saw Mrs. Parker offer an Elector 40s. to vote for Bailiff Manwaring, and the sitting Member.

But, on behalf of the sitting Member, it was proved against this last Witness, That he was a Thief, and had stole Twenty-one Pair of Shoes: And Mrs. Parker, Widow of Mr. Parker, the deceased Member, denied that she ever made any such Offer: And withal testified, That this Nowell was one of her Chairmen; and the other Chairman, who was by, was arrested by means of the Petitioner; and was thereby hindered from being in Town, to testify this, as he sent her Word since she came to Town.

It was likewise testified, on behalf of the sitting Member,

That Mr. Wilkinson, having great Power in the Borough, not only got Voices for his being Bailiff, by treating the Burgesses and Freemen, but also got Subscriptions of them, for the Petitioner's being Recorder; and swore him in a Tippling-House, without due Election, in order to his Election for a Member of Parliament.

That the Jury of Enquiry was discharged by a Note under the Hand of one of the Bailiffs, when several Burgesses and Freemen were ready to tender themselves, to make out their Right, and be sworn; whereas the Jury never used to be discharged but by both Bailiffs.

That indirect Means were used, to hinder the Jury from meeting to this Purpose; and that thereby Mr. Bradshaw, and several others, were hindered from being found by the Jury, and sworn, and put in the CallBook, and thereby deprived of their Votes at the Election for Members of Parliament: This was testified by Mr. Bradshaw, and Edmund and John Robinson.

Who likewise testified the Fairness of the Election of the sitting Member, in these Particulars;

That the Sheriff, when he came to Town with the Precept, called both the Bailiffs together, Manwaring and Lister, and told them his Business; and, without any Contradiction of Lyster, who was the Inn-Bailiff, gave the Precept to Manwaring, who was the Out-Bailiff, and had the Precedency in all Matters:

That there it was agreed, the Day of Election should be on Monday the 30th of November, and Papers of Notice put up in the Streets; though afterwards it was countermanded by Bailiff Lyster:

That, on the Day appointed, both the Bailiffs met in the Town-Hall; but, because there was too great a Croud, Manwaring, by his Clerk, that was no Officer of the Town, adjourned to an open Place called the Shambles; and there read the Precept, and proceeded to a Poll; wherein the sitting Member had Forty-five Votes for him, and one for Mr. Pudsey, but none for the Petitioner: That, after the Poll was ended, Proclamations were regularly made, and the sitting Member declared; and an Indenture sealed, and annexed to the Precept:

That the Common Seal was in the Custody of Mr. Wilkinson, who denied to let them have it to set it to the Indenture:

That Mr. Manwaring had often demanded to be sworn; but was refused to be so:

That the Adjournment from the Shambles to the Town-Hall, after the Precept . . . read, was without any Proclamation made by the Crier, but was by the Bailiff himself.

There were several Exceptions taken, on both Sides, to several of the Pollers: And particularly the sitting Member proved Two of the Freemen, viz. Slater and Brenand, that voted for the Petitioner, had no Votes as Freemen, because their Landlords voted as Burgesses for the same Houses.

Clitheroe Election.

On the other Side, Exceptions were taken to Frankland, that voted for the sitting Member, because he had sold his Borough-hold, before the Election; to Nowell, because an Infant; and Colbourn, a Quaker, and therefore not sworn; and Wilson, because he had a Landlord voted for his House; and Three others, as not found by the Jury, and sworn.

To which last Objection it was answered, That it was their Fault that hindered the Jury from meeting.

Mr. Kenyon, a Member, testified, That he had known the Borough long; and that Infants were not to be Bailiffs and Burgesses there.

And that, upon the whole Matter, the Committee came to a Resolution; 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 was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That Fitton Gerard Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Clitheroe in the County of Lancaster.

The said Resolution being read a Second time;

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

The House divided.

The Noes go forth.

So it passed in the Negative.

Then the Question being put, That John Weddall Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Clitheroe in the County of Lancaster;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Resolved, That the late Election of a Burgess to serve in this present Parliament for the Borough of Clithero in the County of Lancaster, in the room of Anthony Parker Esquire, deceased, is a void Election.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the Borough of Clitheroe in the County of Lancaster, in the room of Anthony Parker Esquire, deceased.

A Motion being made, and the Question being put, That Thomas Rigby Esquire, late Sheriff of the County of Lancaster, be sent for in Custody of the Serjeant at Arms attending this House;

The House divided.

The Yeas go forth,

So it passed in the Negative.

Ways and Means.

The Order of the adjourned Debate of Yesterday, upon the First Resolution of the Committee of the whole House, to whom it was referred to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and the Land Forces, for the Service of the Year One thousand Six hundred Ninety-four, being read;

Resolved, That the said Debate be adjourned till Tomorrow Morning, Eleven a Clock.

Ditto.

Resolved, That this House will, To-morrow, after the said adjourned Debate upon the Report is over, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and the Land-Forces, for the Service of the Year 1694.

London Orphans Fund.

Resolved, That this House will, upon Tuesday Morning next, at Eleven a Clock, resolve itself into a Committee of the whole House, to consider of the Petition of the Lord Mayor, Aldermen, and Common-Council, of the City of London, concerning the Orphans of the said City.

Committees.

Ordered, That all Committees be revived.

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