House of Commons Journal Volume 12: 4 February 1698

Veneris, 4 die Februarii ;

Nono Gulielmi Tertii.

Prayers.

Russia Trade.

SIR Henry Hobart, according to Order, presented to the House a Bill for the encouraging and improving the Trade to Russia: And the same was received.

The Bill was read the First time.

Resolved, That the Bill be read a Second time upon Wednesday Morning next.

Petition from Leverpoole.

A Petition of the Mayor, Bailiffs, Aldermen, Common Council-men, and also of the Merchants, and other principal Inhabitants, of the Corporation and Port of Leverpoole, in the County of Lancaster, was presented to the House, and read; setting forth, That * * * *

Melcomb-Regis Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown to make out a new Writ, for the electing a Burgess to serve in this present Parliament for the Borough of Melcomb-Regis in the County of Dorset, in the room of John Knight Esquire, expelled this House.

Time limited for receiving Petitions.

Ordered, That no Petitions be received after Ten a Clock in the Forenoon.

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

Mr. Speaker,

Preventing throwing Squibs, &c.

The Lords have agreed to a Bill, intituled, An Act to prevent the Throwing or Firing of any Squibs, Serpents, or other Fireworks, without any Amendments: Also,

Maesacker's &c. Nat.

The Lords have agreed to the Amendments, made by this House, to the Bill, intituled, An Act for the Naturalization of Gerrard Maesacker, and others: Also,

Farrington's Estate.

The Lords have passed a Bill, intituled, An Act for vesting in Trustees, to be sold, certain Lands of Geo. Farrington Esquire, lying in the Counties of Middlesex and Surrey, settled upon the Marriage of William Farrington his Nephew; and with the Money arising thereby, for purchasing of other Lands in Lancashire, where the ancient Estate of the Family lies, to be settled to the same Uses: To which they desire the Concurrence of this House: Also,

Kinnersly's Estate.

The Lords have passed a Bill, intituled, An Act to enable Thomas Kinnersly Esquire, an Infant to make a Jointure and Settlement of his Estate: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Downeton Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for the electing a Burgess to serve in this present Parliament for the Borough of Downeton in the County of Wilts, in the room of Charles Duncomb Esquire, expelled this House.

Salt to be sold by weight.

Mr. Foley reported from the Committee, to whom the Bill to oblige all Retailers of Salt to sell by Weight was committed, That they had made several 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 once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, one of them disagreed, and the rest agreed, unto by the House.

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

Notes allowed to be taken from Papers before the House.

Ordered, That Mr. Francis Molyneux have Liberty to peruse, and take Copies or Notes out of the Books and Papers which were delivered by him to the Commissioners for examining, taking, and stating, the publick Accounts relating to the Duke of Schomberg's Regiment, and which are now in the Hands of the Clerk of this House.

Papers to be re-delivered.

Ordered, That the Papers which were by Colonel Byerly delivered to the Commissioners for examining, taking, and stating, the publick Accounts, relating to the Accounts of his Regiment, and which are now in the Hands of the Clerk of this House, be delivered to the said Colonel Byerly by a Schedule.

Buying and selling Offices.

Colonel Wharton, according to Order, presented to the House a Bill to prevent the Buying and Selling of Offices, and places of Trust: And the same was received.

Ordered, That the Bill be read To-morrow Morning.

Supply Bill; Arrears of Annuities.

Mr. Lowndes, according to Order, presented to the House a Bill for satisfying and discharging the Arrears of several Annuities, which incurred between the 17th Day of May 1696, and the 17th Day of May 1697.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Privilege of a Member in a Suit.

Mr. Arthur Owen attending in his Place;

The Petition of Dame Ellen Williams, relating to him, was read; setting forth, That her late Husband, Sir Wm. Williams of Vaynoll, deceased, was seised of divers Manors and Lands in Wales, and died possessed also of a considerable personal Estate; the . . . . of which real Estate was litigated on Sir William's Death, between Sir Boucher Wray, the said Mr. Owen, and Dame Jane Salusbury, as his Coheirs: That the said Mr. Owen, with many other armed Persons, made a forcible Entry on the Lands and Premises of Sir William, breaking open the Doors of his Two capital Messuages, and the Petitioner's Chamber and Closet; and took away all the Writings belonging to his Estate; and refuse to allow the Petitioner Dower, insisting on Privilege: And praying Relief therein.

Whereupon the said Mr. Owen was heard.

Ordered, That the Consideration of the said Petition be referred to the Committee of Privileges and Elections: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Importing Bone-lace, &c.

Ordered, That the Report from the Committee, to whom the Bill for rendering the Laws more effectual for preventing the Importing of foreign Bonelace, Needlework, Point and Cut-work, was committed, be made upon Monday Morning next.

Cambridge Election.

Mr. Norris reported, from the Committee of Privileges and Elections, the Matter touching the Election for the County of Cambridge, 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 Sir Christopher Hatton, and several other Freeholders of the County of Cambridge, complaining of an undue Election of Sir Rushout Cullen to serve for the said County.

The Committee have examined the Merits of that Election.

That the Counsel for the Petitioners insisted on three Things;

1st, That the first Day of the Poll Granado Pigott Esquire had a great Majority of Sir Rushout Cullen; and that the Poll was not rightfully and regularly adjourned till the next Day.

2dly, That some great Men had browbeaten and threatened some of the Freeholders, and used indirect Means for the gaining Votes for Sir Rushout Cullen.

3dly, That Money had, contrary to the late Act, been expended upon several of the Freeholders that voted for Sir Rushout.

That it was agreed, that upon the Poll, the first Day, Mr. Pigott had the Majority; and that Mr. Pigott opposed the Adjournment to the next Day.

That the Petitioners Counsel called several Witnesses; viz.

John Welbore and Robert Swan testified, That the Election began Eleven a Clock, the 16th Day of December: That the Poll, according to an Agreement between the Candidates and the High-Sheriff, was taken at Four Courts till about Two a Clock in the Afternoon, at which time Two of the Courts were discharged; the Two Courts that then remained, were the Crown-Court, and the Nisi Prius Court; and that, about half an Hour after Four, the Nisi Prius Court, and the Persons attending there, were discharged by the Sheriff, without being adjourned over to the next Day; and that a Person had his Hand upon a Book at that time: That, after the Discharge of the Nisi Prius Court, there were two polled at the Crown-Court; and then it being about a Quarter before Five, the Poll at the Crown-Court was adjourned to the next Day: That the Reason the Sheriff gave for the Adjournment was, That several could not come that Day, because the Waters were out; though the said Welborn and Swan testified, several came from the said Places that Day.

Allen Hurrell said, That he heard the High-Sheriff say, That Mr. Pigott had the first Day a Majority of 150 Voices; and believed Mr. Pigott would get the Day, let them do what they could.

William Cooke said, That the High Sheriff, after the Election, declared, He had advised upon it, and did not doubt but he was safe; and that the Earl of Orford had promised to get him Fourscore Pounds he was out of Pocket upon Account of Highwaymen.

Allington Harrison said, That the First Day of the Election he had his Hand on the Book at the Nisi Prius Court, intending to have polled for Mr. Pigott; but was prevented by the Adjournment, but polled the same Night at the Crown-Court: That, being present at a Meeting of the Commissioners for the Tax, he heard Mr. Loane, a Commissioner, and Justice of Peace, say, Should we elect a Man the King hath set a Mark of Disfavour upon? The King is for having Sir Rushout Cullen chosen: But he could not say any Person was influenced by it: That he himself voted for Mr. Pigot; and that the Mark of Disfavour was, the King's putting Mr. Pigot out of Commission: That there was no proceeding upon the Tax at that Meeting.

Thomas White said, He had no Money; but his Charges were borne to Cambridge by Mr. Marsh, who voted for the Sitting Member, and desired him to vote for him also; and that he would not have gone without his Charges: That the said Marsh paid near Half a Crown for him: That Mr. Steward would not bear his Charges for Mr. Pigott, so he voted for the Sitting Member: That he is a Freeholder of 5 l. 10 s. all Charges borne.

Thomas Varnham, That Esquire Loane sent for the Freeholders; but told them, There was an Act against Treating: And therefore, they paid 2 d. apiece; and Mr. Loane desired the Freeholders to be for Sir Rushout.

Charles Stewart said, That one Gester, Esquire Pickering's Bailiff, paid 29 s. the Reckoning of 20 Men, who voted for Sir Rushout; but believes they were Mr. Pickering's Neighbours or Tenants.

Jos. Sparrow, That the 15th June, he kept a private Court for Mr. Holgate; and Mr. Sizer sent for him, and they dined together; and Mr. Sizer sent for several Freeholders; that Five or Six Freeholders appeared, of which there was but Three, that had Business at the Court; and that, upon Account of the Freeholders, they had a Quarter of Lamb extraordinary; that Mr. Sizer, recommended Sir Rushout; and that, their being several Tenants of the Court, he paid 10 s. and Mr. Sizer 6 s.: That he voted for Mr. Pigott; but Three of the Freeholders, that appeared then, he knew voted for Sir Rushout.

Geo. Baker said, He kept the Crown Inn in Cambridge: and that Mr. Tregonnell Frampton paid between 3 l. and 4 l. for about 20 Men; most of which came from Newmarkett; but he could not say, it was by the Direction of Sir Rushout Cullen, or any of his Agents.

Henry Porter said, He was present . . a Bowl of Punch; it being Court-time, when Esquire Rowland treated his Tenants; and that Mr. Rowland asked him to be for Sir Rushout, and he said, He would vote as the rest of his Neighbours.

John Flavell said, He was a Freeholder, of 40s. per Ann. and came to be polled for Mr. Pigott the first Day, and was prevented by the Books being shut up; but said, It was Candle-light, and his Master could not spare him the next Day; and so he was not polled.

Thomas Ellington, That he was at the White Bear in Cambridge, and a Gentleman, unknown to him, gave to 16 Men, that came from Leverington, 5 or 6 s. apiece, openly, in the Yard; and that he heard them say, They would vote for Sir Rushout: That he declared it to somebody about Ten Days before he attended the Committee; but could not remember to whom; nor give a very good Account about that Matter.

Thomas Daresly, Robert Nun, Dr. Cresnall, said, That Robert Nun collected about 30 s. of which Dr. Cresnall paid 5 s.; some paid Half-a-Crown; some 1 s. and Nun paid Half-a-Crown; that it was paid by the Freeholders, amongst themselves, who voted for Sir Rushout, to drink together before they set out, and towards other Charges; and that it was agreed, That the poor Freeholders should partake; that there was about 15 s. spent accordingly, at the Bull; and about Threescore People appeared; but it did not appear, That Sir Rushout ordered, or contributed, any thing towards the Collection.

Dingly Askam said, He was a Freeholder; and, being at the Election, addressed to the Sheriff, to have a Man removed; whereupon, the Lord Cutts asked him, What he had to do? to which he answered, with his Hat on, That he had as much to do, as any-body else; the Lord Cutts said, He was an impudent Fellow, and ought to be committed.

Obadiah Barnes and John Flack, That the Lord Cutts said, Mr. Drake had done something about Adjournment of the Court the Night before, which would amount to a Riot, and he should answer it in the House of Commons: And Flack further said, That he asked some Freeholders to vote for Mr. Pigott; particularly, Robert Hill and Robert Adams; and they said, They durst not; they were afraid of Mr. Loane: But he could not say, that he ever heard Mr. Loane threaten; but Adams staid at home; and Hill voted for Mr. Pigott.

Cambridge Election.

John Walcham said, That some on Wisbich Side was at the Election on Thursday; particularly, Robert Gun, who lived at March, and the Sheriff; and believes the Roads were better on Wednesday than on Friday, because of the Frost; and though a Breach was made in the middle Level, yet the Roads were never the worse.

Then the Petitioners produced Two Letters from the Earl of Orford; both without Subscription, and in the same Words; whereby he recommended the Sitting Member as a very fit Person, well qualified, both in Understanding and Estate; and that Mr. Pigot had not signed the Association.

That for the Sitting Member to answer what was alledged, and proved by the Petitioners, were called several Witnesses; viz.

Sir Henry Pickering, who said, He was at the Election all the while; and when it was near Five a Clock on Thursday, a Message came from the Crown-Court to the Nisi Prius Court, to bid them come over to the other Court: But one Drake said, We will not be adjourned; we would fain see, who will adjourn us: Upon which the Sheriff came, and adjourned the Court to the next Morning, Eight a Clock; and he thought it was time so to do; for the People began to throw Squibs, and the Tapsters, &c. were got drunk: That Mr. Pigott was in Court next Day, all the while, and polled, as near as Sir H. Pickering could judge, near Fourscore; and, after the Poll was over, he went into the Chamber, and his Friends cast up the Poll with the others: That on Friday Morning Mr. Pigot would have had the Poll closed; but the Sheriff would not; saying, he was an Isle of Ely Man; and he knew it impossible for the People of that Side to come the Day before.

Edward Bailey said, He was at the Nisi Prius Court when a Clerk for Sir Rushout brought Orders from the Crown-Court to adjourn; and that Mr. Drake opposed it; and that afterwards, the Nisi Prius Court was adjourned till next Morning.

John Bellamy said, That Twelves, and some others, came to his House, and told him, the Banks were broke; and if they had been broke near them, as they thought at first, it would have been impossible for them to have stirred; and they agreed all, not to stir that Day; and sent a special Messenger to desire the Court might be adjourned to next Day.

Mr. Loane said, That the Meeting, mentioned by Mr. Harrison, was to receive the Assessment; but their Clerk was wanting, and so they did not proceed upon it: Believes, he did then declare himself to be for Sir Rushout Cullen; but used no Threats, or Promises of Reward; nor treated; nor had any such Direction from Sir Rushout; but Sir Rushout hath often begged of his Friends, not to treat: That he had no Direction from the Court to give a Character of Mr. Pigot; but believed he might say, That he thought Sir Rushout the more proper Man; and that it would be like an Affront, the King having set his Mark of Displeasure upon Mr. Pigott, in so lately displacing him; that he believed Mr. Pigott did sign the Association after it came to be a Law, but not before; having objected against the Words "Rightful and Lawful," and the Word "Revenge."

That, upon the whole Matter, the Committee came to this Resolution; viz.

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

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee, in the said Resolution, That Sir Rushout Cullen is duly elected a Knight to serve in this present Parliament for the County of Cambridge.

A Motion being made, and the Question being put, That the Petition of Sir Christopher Hatton and Sir Richard Bennett Baronets, and other Freeholders of the County of Cambridge, unto this House, complaining of the late Election of a Knight of the Shire of the County of Cambridge, is frivolous and vexatious;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Exceedings of War Charges.

Mr. Norris, according to Order, reported, from the select Committee, to whom the several States, Estimates, and Accounts, presented to the House, were referred, the Matter, touching the Estimate of the Arrear of the extraordinary Charge of the War, as it appeared to the said Committee; 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.

Brandenburgh. That, by an Abstract of the Treaties for Subsidies, it appears, That there was payable 10,000 Rixdollars per Month to the Elector of Brandenburgh; of which, as by another Abstract of the Payments, it appears, there was due, the 1st of November last, an Arrear of 180,000 Rixdollars.

Hesse-Cassel. That, by an Abstract of the Treaties for Subsidies, it appears, That there was payable to the Landgrave of Hesse-Cassell 10,000 Rixdollars per Month; of which, as by another Abstract of the Payments, it appears, there was due, the 1st Day of November last, an Arrear of 254,000 Rixdollars.

Wolfembuttle. That, by an Abstract of the Treaties for Subsidies, it appears, That there was payable to the Dukes of Wollfembuttle 100,000 Rixdollars per Ann. by Twelve equal Monthly Payments; of which, as by another Abstract of the Payments, there was due, to the 1st of November last, an Arrear of 121,223 Rixdollars for his Majesty's Share; being Two-thirds of the said Subsidy.

Memorandum. The Pay of these Troops was provided for in the Establishment; but this is over and above for Arrear of Subsidies, pursuant to the 7th Article of the Treaty, signed and sealed the 1st Day of June 1694.

Munster. That, by an Abstract of the Treaties for Subsidies, it appears, That there was payable to the Bishop of Munster 20,000 Rixdollars a Month, besides 5,000 Rixdollars a Month more, while his Troops were in Flanders; of which, by another Abstract of the Payments, it appears, there was due to the 1st of November last, an Arrear of 149,997 Rixdollars, for his Majesty's Share; being Two-thirds of the said Subsidy,

Hanover and Cell. That, by an Abstract of the Treaties for Subsidies, it appears, That there was payable to the Dukes of Hanover and Cell 75,000 Rixdollars a Campaign, towards the maintaining 6,000 Men, over and above the Four Regiments of Horse, and Four Regiments of Foot, provided for in the Establishment; of which, as by another Abstract of the Payments, it appears, there was due, the 1st of November last, an Arrear of 50,000 Rixdollars for his Majesty's Share; being Two-thirds of the said Subsidy.

Holstein. That, by an Abstract of the Treaties for Subsidies, it appears, That there was payable to the Duke of Holstein 75,000 Rixdollars a Campaign; of which, by another Abstract of the Payments, it appears, That there was due, the 1st of November last, an Arrear of 25,000 Rixdollars, being Two-thirds of the said Subsidy.

King of Denmark. That, by an Abstract of the Treaties for Subsidies, it appears, That there was payable to the King of Denmark, in Consideration of an intire Prohibition of Commerce between that Crown and France, 200,000 Rixdollars a Year, during the War, at Four Quarterly Payments each Year; of which, by another Abstract of the Payments, it appears, There was due, the 1st of November last, an Arrear of 111,111 Rixdollars for his Majesty's Share; being Two-thirds of the said Subsidy, besides the like Share of 300,000 Rixdollars, payable within Three Years; both which Sums may be satisfied with 200,000 Rixdollars.

Memorandum. All the above-mentioned Sums Amount to 245,055 l. Sterling, at Four Rixdollars to the Pound.

Memorandum. This Charge is over and above what is allowed by the Establishment.

Ordered, That the said Report be referred to the Committee of the whole House, who are to consider further of the Supply to be granted to his Majesty; and of Ways and Means for providing for the Deficiencies.

Transport Debt.

Mr. Norris also reported, from the said Committee, the Account and State of the Transport-Debt, for the Reducing of Ireland, as it appeared to the said Committee; 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.

That, upon Consideration had of the Accounts and State of the Transport-Debt, due to Ships employed in the Reduction of Ireland, the same appeared to be as followeth; viz.

Memorandum. That the Act for granting to his Majesty several additional Duties upon Coffee, Tea, Chocolate, &c. towards Payment of the Interest of the above-mentioned Debt, will expire the 2d Day of May next.

And the Act for licensing Hawkers and Pedlars, for a further Provision for Payment of the said Interest, will expire the 25th Day of June next.

Ordered, That the said Report be referred to the said Committee of the whole House, who are to consider further of the Supply to be granted to his Majesty; and of Ways and Means for providing for the Deficiencies.

Salmon Preservation.

Ordered, That the Bill for the Increase and Preservation of Salmon, and the Fry of Salmon, in the Rivers of this Kingdom, be read a Second time To-morrow Morning.

Laws concerning Robberies.

Ordered, That the Bill for regulating and amending the Laws concerning Robberies on the Highways, and Hue and Cries, be read a Second time on Tuesday Morning next.

Timber in New Forest.

Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider further of the Bill for the Increase and Preservation of Timber, in the New Forest, in the County of Southampton.

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