House of Commons Journal Volume 11: 12 February 1694

Lunæ, 12 die Februarii;

5° Gulielmi et Mariæ.

Prayers.

Exporting Iron, Copper, &c.

MR. Hungerford, according to Order, presented to the House a Bill for the Exportation of Iron, Copper, and Bell-Metal: And the same was received.

Chaplin's Estate.

An ingrossed Bill for the Sale of the Estate of Susan Chaplin, and Dorothy Chaplin her Daughter, for Payment of Debts, and making a Provision for the said Susan and Dorothy, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the Sale of the Estate of Susan Chaplin, and Dorothy Chaplin her Daughter, for Payment of Debts, and making a Provision for the said Susan and Dorothy.

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

London Orphans Fund.

A Petition of the distressed Orphans of the City of London was presented to the House, and read; setting forth, That the Petitioners have, for many Years, laboured under the greatest Calamities; their Fortunes being swallowed up, under a Colour of Protection and Guardianship, by the said City: That the Petitioners are without Hopes of Redress, unless this House will take their Condition into Compassion, being a Multitude without Counsel, without Friends, or almost the least Support: And praying, That some Expedient may be found out for their Relief.

Ordered, That the Examination and Consideration of the said Petition be referred to the Committee of the whole House, to whom the Petition of the Lord Mayor, Aldermen, and Common-Council, of the City of London, relating to the said Orphans, is referred.

Recovering Small Tythes.

A Bill for the more easy Recovery of small Tythes was read the First time.

Resolved, That the Bill be read a Second time.

Capiatur Fine.

Mr. Waller reported from the Committee, to whom the Bill for taking away the Capiatur Fine in the several Courts at Westminster was committed, That they 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 twice read; and agreed unto by the House.

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

Cambridge Election.

Mr. Bowyer reported, from the Committee of Elections and Privileges, the Matter touching the Election for the County of Cambridge, 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 Sir Rushout Cullen Boronet, complaining of an undue Return of the Lord Cutts to serve for the County of Cambridge;

Cambridge Election.

The Committee have examined the Merits of that Election.

The Sheriff gave in the Poll: According to which,

But this not agreed so, but that, by other Computations, it was made to amount to 10, or 11.

The Poll taken by the Sheriff's Clerk was all along in his own, and his Clerk's Custody; who both testified no alterations made: But the Books were not sealed up.

The Sheriff likewise testified, That he swore all those that polled with him, That they were Freeholders, and had 40s. per Annum; and gave Directions to the other Booths to do the like.

Upon this, the Counsel and Parties being withdrawn, the Committee debated, Whether they should admit Evidence, to unqualify those that swore themselves Freeholders, &c.

And, upon a Division, it was carried in the Affirmative, That they would admit such Evidence.

Whereupon the Counsel, being again called in, produced the following Evidence, whereby to set aside several Voters for the Sitting Member.

The same for Anth. Punchon.

That Tho. Paine confessed, He voted in regard of an House he lived in, because it was Rent-free.

That Richard Priestly confessed, He had no Freehold.

That Robert Lee confessed, He voted, in regard of Ten Acres he had by his Father's Will; but, producing the Probate, it appeared, his Mother had a present Estate for Life in it, and had made no Settlement upon him.

The same for the Freehold of Thomas Walker.

That William Brazier confessed, He voted for Nine Acres, that were his Father's.

That Wm. Cooper, John Rivers, Richard Basse, and John Bacon, confessed, They voted for Freeholds promised to be settled on them, but not done.

That William Band confessed, He voted for a Tenement, wherein he had but a Lease for Years.

The same was also proved against Edward Freeman.

That Stephen Miller confessed, He polled for a Tenement that belonged to an Infant, to whom his Wife was Guardian.

That Joseph Merchant confessed likewise, He voted for a Tenement that belonged to a Child, and not to him.

That William Hurrill confessed, He voted, in respect to an Alms-house he lived in, because he paid no Rent for it.

That Mathew Foreman confessed, He voted, in respect of an Annuity granted to him out of a Copyhold Estate of his Wife's: To which it was answered, This was an Infranchisement of the Copyhold.

All these foregoing 17 Voters confessed, They had no other Freehold in the County.

It was likewise testified by Chambers, That John Dogget confessed, He voted, but had no Freehold at all; but, being fuddled, was over persuaded to do so.

Sterne likewise testified, That Richard Mansfield, and Jeremy Marshall, confessed, They voted, one for an House not worth above 20, or 30s. per Annum; the other, for Two-thirds of an House, worth but 46s. per Annum.

William Martindale testified, That John Cradock confessed, He voted, in respect of an House worth but 20s. per Annum, and a Mill, which he had for Years: And none of these Three last had any other Freehold in the County.

Chambers testified, That Nathaniell Wootton, that voted for the Sitting Member, was a Madman, and had no Estate.

But, on the other Side, it was proved by Richard Peerson, That he was no Madman, and had an Estate of 5l. per Annum.

Exception was also taken against Seven more, that voted for the Sitting Member, That they were Minors, under the Age of 21 Years; viz. Henry Markham, Thomas Pittock, Richard Drury, Robert Batty, Southed Johnson, Wm. Jones, and William Neale.

The first Six proved by Certificates out of the Register; and the last, where the Register was lost, by his own Confession.

It was likewise testified of all these Thirty-one, That they had notice to appear at the Committee, to justify themselves against these Exceptions; but no notice to the Sitting Member.

Another Exception was taken, That there were, in the Poll Book, Two that polled for the Sitting Member, by the Names of Tho. Porter of Cambridge: And,

William Glen testified, There was never a one of that Name in Cambridge; and that he knew most People there, having lived there 38 Years.

Charles Graboe testified, That he voted for the Petitioner, and was set down in the Poll to have voted for the Sitting Member.

That John Bolton voted for the Sitting Member, and refused to tell what Freehold he had.

On behalf of the Sitting Member; It was proved by

That the Sheriff's Clerk, at the Beginning of the Poll, making Mistakes, was discharged, and another put in his stead.

That it was at the Desire of the Petitioner, that the Poll was closed.

That he examined all the Three Poll Books himself, and found them to have this Difference only: The Book taken for the Petitioner made the Surplus on the Sitting Member's Side 14; the Sitting Member's Book 13; and the Sheriff's Book 11.

Tho. Heard testified, That he polled for the Sitting Member, and yet was not entered in the Book: And that Richard Mansfield, objected against by the Petitioner, had a Freehold of 40s. per Annum.

Richard Pierson testified, That William Morson, that polled for the Petitioner, had a Freehold but of 33s. per Annum; and, being taxed with it, confessed it; and said He would never do so again: And he likewise testified, That Nathaniell Wootton, excepted against by the Petitioner, was no Madman; and had an Estate, of Freehold, of 5l. per Annum.

Lucas Brown testified, That John Banks polled for the Sitting Member, and is not entered in the Poll-Book: To which it was answered, There was some Mistake in the Entry.

William Peckly testified, He polled for the Sitting Member; and yet is not in Two of the Poll Books, though he is in the Third: But it was answered, and testified by Lowes, That he was in, by the Name of Peake.

John Stacy testified, That John Tanet told him, He voted for the Sitting Member; but was entered for the Petitioner.

The same was testified by Thomas Hitch for Panger; and by Josselyne for William Clack.

John Acton testified, Robert Dixon was polled twice in the Books taken by my Lord Cutts' Clerk.

Pike testified, That Isaac Webb, and Stephen Cobb, that polled for the Petitioners, were Minors; and proved it by the Register.

And Dudley proved the same for Benjamine Young, by his own Confession.

Pike likewise proved, That Geo. Lee, that polled for the Petitioner, had no Estate till after his Mother's Death.

Nicholas Mallabar testified, That John Davis, of Ely, had only a Barber's Place to a College, and a Salary of 6l. per Annum, and a Singing Man's Place, and no Freehold.

Mason testified, That Tho. Benson's Freehold was not worth 20s. per Annum: The same for Robert Nichols, and Tho. Cadman: And these all voted for the Petitioner: The same likewise of Tho. Harris: But Mallabar said, It might be worth 40s. per Annum to dig, but not otherwise: All these were Land where they dug Turf: But it could not be proved, that any of these had notice to come to the Committee to justify themselves.

It was testified by Smith, That he had lived at Boxworth 30 Years, and had been Ten Years concerned in the Taxes; and knew neither George Sparrow, nor John Hurry, that are entered in the Poll, as of that Place, and polled for the Petitioner: But it was answered, That he was entered by the Name of John Sparrow in the Sheriff's Poll-Book; and such a one there was there: And the same they believed of Hurry, but could not find it out then on the Sudden.

Lowes proved, There was no Robert Cooling of Linton: But it was answered, Linton was there mistaken for Hinton; and Cooling was of that Place.

Josselyne proved, There was no Francis Harvey of * * that voted; and yet such an one is entered in the Poll to have polled for the Petitioner.

He likewise offered this Testimony, That George Palmer was entered in the Poll for the Petitioner; and that he made Inquiry in that Place he is named of, and could not hear of any such Man there: And Pike would have done the same for John Jaggard: But the Committee would not admit such Evidence: And the Counsel on either Side confessed, they had none but such left; whereof, the Counsel on the Petitioner's Side alleged, They had many, if the Committee would admit them: But it was admitted on neither Side.

And that, upon the whole Matter, the Committee came to several Resolutions; which they had directed him to report to the House; 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 the Lord Cutts is not duly elected a Knight to serve in this present Parliament for the County of Cambridge.

Resolved, That it is the Opinion of this Committee, That Sir Rushout Cullen Baronet, is duly elected a Knight to serve in this present Parliament for the County of Cambridge.

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

And the Question being put, That the House do agree with the Committee in the said Resolution, That the Lord Cutts is not duly elected a Knight to serve in this present Parliament for the County of Cambridge;

It passed in the Negative.

The Second Resolution being read a Second time;

And the Question being put, That Sir Rushout Cullen Baronet is duly elected a Knight to serve in this present Parliament for the County of Cambridge;

It passed in the Negative.

Leave of Absence.

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

Ordered, That Sir William Cooke have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

List of French Fleet.

Mr. Secretary Trenchard, according to Order, presented to the House the original List of the French Fleet; which he received from the Earl of Nottingham: And also, a true Copy thereof.

Ordered, That Mr. Boyle do go to the Lords, and desire a Conference upon the Subject-matter of the last Conference.

Leave of Absence.

Ordered, That Sir Charles Raleigh have Leave to go into the Country for a Fortnight, his Lady being very ill.

Ordered, That Sir Edward Phillipps have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Punishing Mutiny and Desertion.

A Bill for the Continuance of the Act for punishing Officers and Soldiers who shall mutiny, or desert their Majesties Service; and for punishing false Musters; and for the Payment of Quarters for One Year longer; was read the Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Pressing Men for Land Service.

A Complaint being made to the House, That several Persons have been pressed for Land-Service, and carried to a House near Turn-Stile in Holborne;

Ordered, That the Examination and Consideration of the Matter of the said Complaint be referred to the said Committee of the whole House: And that they do report the Matter, with their Opinion therein, to the House.

Resolved, That this House will, upon Friday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the said Bill.

Conference with Lords.

Mr. Boyle reported, That he having been at the Lords, according to Order, desired a Conference: The Lords do agree to a Conference with this House, presently, in the Painted Chamber.

Resolved, That the Copy of the French Letter, dated June 1st, N. S. and received by the Earl of Nottingham, May 30th, O. S. 1693, and which hath been laid before this House, be communicated to the Lords at the said Conference.

Resolved, That the original List of the French Fleet and the Copy thereof, this Day presented to the House, be also communicated to the Lords at the said Conference.

Ordered, That the Managers, who managed the last Conference do manage this Conference.

And the Managers went to the Conference.

And, being returned;

Mr. Boyle reported, That the Managers had attended the Conference, and communicated the several Papers, directed by the House, to the Lords.

Call of the House.

The House was, according to Order, called over:

And the Names of such as made Default were called over a Second time; and the Absence of several of them excused, by reason of Sickness, and Indisposition of Health.

Resolved, That Sir Henry Fane, Sir John Cotton, and Sir Thom. Grosvenor, be sent for in Custody of the Serjeant at Arms attending this House, for absenting themselves from their Service in Parliament.

Ordered, That the House be called over again upon this Day Sevennight: And that such Members as have not Leave to be absent, as shall not then attend their Service in this House, be sent for in Custody of the Serjeant at Arms.

Irish Forfeitures.

Resolved, That this House will, upon Friday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of the Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War.

Committees.

Ordered, That all Committees be revived.

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