House of Commons Journal Volume 11: 29 February 1696

Sabbati, 29 die Februarii;

8 Gulielmi Tertii.

Prayers.

Wallopp's &c. Estate.

MR. Clark reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to enable Trustees to make, and fill up, Leases of the respective Estates of Bluet Wallopp Esquire, and John Wallopp Gentleman, during their Minorities; and to purchase other Lands, by the Fines thereby to be received, to the same Uses as the Estates so to be leased are already settled; was committed; That they had examined and considered the same; and directed him to report the same to the House, without any Amendment: And he delivered the same in at the Clerk's Table.

Eyme's, &c. Nat.

An ingrossed Bill, from the Lords, intituled, An Act for naturalizing Solomon Eyme, and others, was read a Second time.

Resolved, That the Bill be committed to Mr. More, Mr. Baldwyn, Mr. Cheney, Mr. England, Sir John Kay, Sir John Lowther, Mr. Clark, Mr. Gery, Mr. Bertie, Mr. Halsey, Mr. Bromley, Sir John Turner, Sir Marm. Wivell, Mr. Harvey, Mr. Lowther, Mr. Hunt, Mr. Whitacre, Mr. Burdet, Mr. Colt, Sir William Lowther, Mr. Biddulph, Mr. Campion, Mr. Bagnold, Mr. Henley, Mr. Lascells, Mr. White, Sir William Corilon, Lord Cornbury, Mr. Gardiner: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Lord Tunbridges, &c. Nat.

A Bill to naturalize William Viscount Tunbridge, and other Children of the Earl of Rochfort, was read the First time.

Resolved, That the Bill be read a Second time.

Barkham's Estate.

An ingrossed Bill, from the Lords, intituled, An Act for making good the last Will of Sir Wm. Barkham Baronet, deceased; and vesting of Lands in Trustees, to be sold, for Payment of his Debts, and making Provision for his Children; was read a Second time.

Resolved, That the Bill be committed to Sir John Lowther, Sir William Lowther, Mr. Tho. Foley, Mr. Boyle, Sir Rowl. Gwyn, Mr. Brewer, Mr. Gwyn, Mr. Bagnold, Mr. Gardner, Mr. Philipps, Sir John Bolles, Sir Hen. Hobart, Mr. Whitacre, Mr. Paget, Mr. Burdet, Mr. Egerton, Sir Jacob Astley, Sir John Kay, Mr. Ph. Foley, Mr. Owen, Mr. Halsey, Mr. Lowther, Sir H. Colt, Mr. Colt, Sir Robert Cotton, Mr. Freke, Mr. Yates, Mr. Mansell, Mr. Turner, Mr. Stonehouse, Mr. Watlington, Mr. Monson, Mr. Tayler, Mr. Baldwyn, Lord Wm. Pawlet, Doctor Barbon; and all that serve for the County of Norfolk: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Ordered, That it be an Instruction to the said Committee, That they do examine into the several Facts in the Bill alleged; and report the same specially to the House.

Theft, &c. on Northern Borders.

An ingrossed Bill for continuing Four former Acts, for preventing Theft and Rapine upon the Northern Borders of England, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to continue Four former Acts, for preventing Theft and Rapine upon the Northern Borders of England.

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

Vesting Tutbury in the Crown.

Mr. Bromley reported from the Committee, to whom the Bill for re-vesting in his Majesty the Honour of Tutbury, Forest of Needwood, several Parks, Manors, Lands, and Offices, and other Profits, thereunto belonging; and vacating several Letters Patents, therein mentioned; was committed; That they had examined and considered the same; and the Matter of the Petition of Mr. Rupert Brown, which was referred to the said Committee; and had made several Amendments to the Bill; which they had directed him to report to the House; and also the special Matter, touching the said Mr. Brown; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same being read, is as followeth; viz.

Upon the Petition of Mr. Rupert Browne, It appeared to the Committee, That, on the 21th Day of November, in the 31th Year of King Charles the IId, a Grant passed the Seal of the Duchy of Lancaster, of the Honour of Tutbury, and Forest, or Chace, of Needwood, and other Manors, Lands, and Royalties, therein specified, to Rupert Browne Gentleman, and Samuel Boheme Gentleman, in Trust, for Colonel Edward Vernon; in Consideration of 7,000 l. and of a Conveyance to his then Majesty of the Lands at Sheerness, on which the Fort was built; and divers other Considerations, in the Grants mentioned:

That the said Rupert Browne advanced the said 7,000 l. being the Consideration-money for the said Grant; and also, on the 7th of March following, lent to Colonel Vernon 3,300 l. more, upon Security of the same: And that then Colonel Vernon, Mr. Brown, and Mr. Boheme, conveyed all the Premises to Edw. Byrch Esquire, to the Uses following; viz. One Moiety for the Use of Mr. Brown, his Heirs and Assigns for ever, in Consideration of the said 7,000 l.; the other Moiety, in Trust, to repay Mr. Brown the said 3,300 l. with Interest; and afterwards to pay Colonel Vernon's other Debts; and then, in Trust to him, and his Heirs:

That, the 6th of December 1684, Mr. Browne paid the Receiver-General 68 l. 11 s. 9d. in Part of the Rent reserved on the said Grant:

That, the 6th of February 1685, a Decree was made by the Lord Chancellor Jeffryes, for setting aside and vacating the said Grant; and that the same should be surrendered and cancelled:

That, in Trinity Term 1686, Mr. Browne brought a Bill in Chancery against the then Attorney and ReceiverGeneral for the 7,000 l. Purchase-money, and the 68 l. 11 s. 9 d.; and obtained a Decree for the same; which was repaid accordingly;

That Mr. Browne, conceiving he was aggrieved by the said First Decree; for that he, who was an innocent Purchaser for a valuable Consideration, and not privy to any undue Means used in the obtaining of the said Grant, was, by the said Decree, to lose his 3,300 l. with Interest thereof; and also all Interest for the 7,000 l. and all his Charges; and never received any Profit out of the Premises:

Upon their Majesties Accession to the Crown, he brought a Bill of Review, to reverse the said Decree; which is still depending; and to which he could never yet get an Answer:

That, upon the Whole, Mr. Browne opposes not the Passing of this Bill; but hopes, That, if the House shall think fit to pass it, Provision will be made for him, that he may be repaid his 3,300 l. with Interest for the same; and also Interest for the 7,000 l. betwixt November 1683, and February 1686, when the same was repaid; and his Charges at Law: All which he submits to the Consideration of the House.

Then the Amendments to the Bill were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

And a Debate arising upon the said special Report;

Resolved, That the Debate be adjourned until Wednesday Morning next.

English East-India Company.

Colonel Granville reported from the Committee appointed to prepare a Bill for settling and regulating the Trade to the East-Indies, That they had prepared the Bill accordingly; and had directed him to present the same to the House: And he delivered the same in at the Clerk's Table.

Prohibiting India Silks, Callicoes, &c.

Ordered, That Sir Wm. Ellis, Sir Wm. York, Sir John Bolles, Mr. Thornhagh, Mr. Tily, Mr. Seaward, Sir Jos. Williamson, Mr. Stonehouse, Sir Robert Davers, Sir Gerv. Elwes, Sir Tho. Roberts, Mr. Sayer, be added to the Committee, to whom the Consideration of the Petition of the Canterbury Weavers is referred.

Select Vestries.

A Petition of the Rector, and Gentlemen of the Vestry of the Parish of St. James, within the Liberty of Westminster, was presented to the House, and read; setting forth, That the Bill now depending in the House, for Regulating of select Vestries, and preventing Abuses arising thereby, will destroy the Constitution of their said Vestry; which is constituted by the Act of Parliament for making the said Parish: That hitherto the Business of the said Parish hath been done by the said Vestry, with all Fairness and Calmness, to the best of their Judgment: And praying, That they may be heard, by Counsel, before the said Bill do pass.

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

Buckingham Election.

Ordered, That the Inhabitants of the Borough of Buckingham have Leave to withdraw their Petition, touching the Election for the said Borough.

Heron's Estate.

A Petition of Thomas Chew was presented to the House, and read; setting forth, That Sir John Heron Baronet, deceased, was indebted to the Petitioner 70 l.; and, for securing the same, with Interest, confessed a Judgment as of Hilary Term, 4 Gulielmi et Mar'; and is since dead: That Sir Charles Heron, his Brother and Heir, hath a Bill depending in the House, to enable him to sell Lands for Payment of a Portion and Debts: And praying, That, by the said Bill, the Petitioner's Debt may be made payable out of the said Estate.

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

Hackney Coachmen.

Ordered, That the Committee, to whom the Bill for Relief of several Hackney Coachmen is committed, have Power to send for Persons, Papers, and Records: And that all that come to the said Committee have Voices

Shaftsbury Election.

Colonel Granvill, according to the Order of the Day, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Shaftsbury, in the County of Dorset, 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 Inhabitants of Shaftsbury; which alleged Sir Math. Andrews, and Henry Cornish Esquire, to be elected:

Upon the Petition of Henry Cornish Esquire; which also alleged himself, and Sir Mathew Andrews, to be elected:

Upon the Petition of Sir John Moreton; which alleged himself, and Edward Nicholas Esquire, to be elected.

That the Petition of Sir John Moreton, in a more special Manner, controverting the Right of Election, the Committee thought fit to proceed upon that Matter first.

That it was insisted, for Sir John Moreton,

That the Right of Election was in the Mayor and Burgesses; the Burgesses being 12 in Number:

But, however, if the Opinion of the Committee should be, That the Right was in the Inhabitants, paying Scot and Lot, it was further insisted on, for Sir John Moreton, That he had the Majority of them also.

That, if the Right was in the Mayor and Burgesses, it was agreed, That Sir John Moreton was elected.

That to prove the Right in the Mayor and Burgesses, was produced,

21 Jac. 11 Burgesses, therein named, elected.

1 Car. Mayor, and 12 Burgesses named, elected.

16 Car. Mayor, and Burgesses, elected.

1658. In the same Form.

13 Car. 2di. Mayor, and 12 Burgesses named, elected.

19 Car. 2. Mayor, and 11 Burgesses named, elected.

29 Car. 2di. Mayor, and Eight Burgesses named, elected.

31 Car. 2di. Mayor, and Nine Burgesses named, elected.

1 Jac. 2di. Mayor, and Eleven Burgesses named, elected.

All these Returns were under the Common Seal.

That, for Sir Mathew Andrewes, One of the Sitting Members for the Borough of Shaftsbury, it was insisted,

That the Right was not in the select Number, but in the Inhabitants at large:

And, to prove the Right to be as alleged, the Counsel for Sir Math. Andrews argued, That Shaftsbury was a Borough by Prescription, and had sent Burgesses to Parliament before their Charter.

And, for that Purpose, they produced Returns to Parliament of 6 Ri. 2. 26 E. 1. 8 H. 5. by which it appeared, That, at those Times, Shaftsbury had sent Burgesses to Parliament.

And further, to prove the Right to be in the Inhabitants at large; and by way of Answer to the Returns, produced for Sir John Moreton; there was produced the Returns following; viz.

17 Ed. 4. Major, & 6 Burgenses, nominati, unanimi assensu, voluntate, & consensu, alior' burgens', ac totius communitatis, elegerunt.

1 Mari. Major, burgenses, & communitas, unanimi assensu & consensu elegerunt.

2 & 3 Ph. & Mar. Major, comburgenses, & communitas, elegerunt.

1 Eliz. In the same Form.

14. Eliz. Mayor and Burgesses, by their CommonCouncil, elected.

26 Eliz. Mayor, and 4 Burgesses, with the common Consent of all their Borough, elected.

28 Eliz. In the same Form.

43 Eliz. Mayor, and 4 of his Brethren, with the Assent and Consent of the whole Borough, elected.

1 Jac. 1. Mayor, and 7 Burgesses, and Inhabitants, with the Assent and Consent of, and for, the whole Borough, elected.

31 Car. 2. Mayor, Burgesses, and Commonalty, elected.

33 Car. 2. Mayor, Eleven Burgesses, and Commonalty, elected.

1688. Mayor, capital Burgesses, together with the Commonalty, elected.

2 W. & Ma. Mayor, Burgesses, and Commonalty, elected.

7 Willi. In the same Form.

These Returns were under the Common Seal.

That, to prove the Right in the Inhabitants, they also called,

John Legg: Who said, He had known Elections for above 40 Years; and that, at all of them, the Inhabitants voted, and none were refused; but he could give no Account of any particular Election, who stood, or who he himself voted for.

Simon Buckland said, Sir John Low and * Whitacre were chose by the Commonalty 30 Years ago; and that the Inhabitants, not receiving Alms, have voted at all Elections since that Time.

Phi. Andrewes said, That Sir Math. Andrewes, Mr. Grove, Mr. Chafin, and Mr. Nicholas, stood at the Convention; and a Poll was taken; and all the Inhabitants voted, except such as received Alms: That he remembers the Election in King James' time; and thinks, the Inhabitants were denied to be polled; but they petitioned:

That, at this Election, Sir John Moreton and the Mayor went up and down the Town, and desired Peoples Votes: That nobody objected to the Inhabitants being polled at this Election.

Mr. William Druce said, That it was agreed at this Election, by the Mayor, and not denied by Sir John Moreton, nor Mr. Nicholas, That all should have Votes, except such as received Alms:

That, by way of Reply, was produced King James' Charter, which takes notice, That Shaftsbury had been an ancient Corporation. And

Mr. Atwell, the Town-Clerk, said, That he took the Poll in 1685; and none polled but the Mayor and Burgesses.

He further said, That the first Election he remembered was in 78 or 79; and that was a popular Election.

He also produced a Paper, purporting a Poll taken in the Year 1660; which, he said, he found locked up with other Papers and Records of the Borough:

But he not being able to give any Account how it came there, nor other Proof of it, the Committee did not think fit to let it be read as Evidence.

That, at this Election, the Mayor did poll the Inhabitants; and he heard nobody oppose it.

Mr. John Bolles said, He was present at the Election of 78: That the People, by Force, made way for themselves to come up, and made a great Noise; and the Recorder, for Quietness sake, advised the Mayor to poll the Inhabitants, not de jure, but de bene esse; but none were polled but who paid Scot and Lot:

That, in the Parliament in King James' time, he stood himself, and none but the select Number polled: And said, That he had been informed by one Mr. Hayes, a Lawyer of Shaftsbury, of Fourscore Years of Age, That the Right was in the select Number:

That, in 1685, there was a Petition from the Inhabitants against that Election; but, as he believed, upon giving a fair Account of that Matter in the House, and that no Poll was demanded, that Petition was rejected:

That he was present at the last Election; and the Mayor did say, The Clamour being so great, he intended to poll as large, as before.

That, the Counsel being withdrawn,

Mr. Fownes, a Member, informed the Committee, That the Petition in 85, upon some Gentlemen in the House giving an Account of the Fairness of that Election, was rejected:

That the Committee came to this Resolution:

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the Borough of Shaftsbury, in the County of Dorset, is not only in the Mayor and Burgesses of the said Borough.

That the Counsel being again called in, Sir John Moreton's Counsel applied themselves to make it appear, That the Right was in the Scot and Lot Men; and that Sir John Moreton had the Majority of them.

John Walker, Sam. Belpin, said, That they had known several Elections; and that none were admitted to vote that did not pay Scot and Lot, or Watch and Ward. And,

Mr. Atwell, the Town-Clerk, was called in: Who said, He had examined the Poll, and that there was, of Scot and Lot Men,

That, on the other Side, for Sir Mathew Andrews, was delivered in a List of 102 Names, taken out of the Poll, of Men that paid Scot and Lot, and voted for Sir Mathew Andrewes.

Upon which it rested, upon Sir John Moreton's Side, to disqualify so many as might give Sir John Moreton a Majority: And, as to that, the Evidence was thus:

That John Bourne was upon the Rate, but not for Land, in the Borough:

Nathaniel Swetman was admitted to be no good Voter:

That John Jaques did not live in the House for which he was rated; but the Overseer had received of him since Michaelmas:

That William Dyer had been assessed; but not paid:

That Wm. Good did not live in the Town; but was rated.

That, for Sir Math. Andrews, was called Two Witnesses; viz.

Phi. Andrews, * Taylor: Who said, Not only the Scot and Lot Men, but the Inhabitants that did not receive Alms, had voted in the free Parliament that brought in King Charles, and had used to vote in other Elections.

That, the Counsel being withdrawn, the Committee came to these further Resolutions:

Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of Shaftsbury, in the County of Dorset, is only in the Inhabitants of the said Borough, paying Scot and Lot.

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

That then the Counsel was called in again, upon the Petitions of the Inhabitants, and Mr. Cornish:

And the Counsel, being acquainted with the Resolutions of the Committee, insisted upon, on behalf of the Petitioners, That Mr. Cornish had the Majority of Scot and Lot Men.

And, to prove such a Majority, they gave in a List of the Scot and Lot Men for each Candidate:

But it appeared, that List had not been taken out of the Mayor's Poll, nor examined by it: So the Committee were of Opinion, That it was not Evidence: And

Mr. Cornish's Counsel not having further to offer on his behalf;

On behalf of Mr. Nicholas, was produced a List of 110 Scot and Lot Men, that voted for him; and only of 82, that voted for Mr. Cornish: Which not being objected to by the Counsel for Mr. Cornish;

The Committee came to this further Resolution;

Resolved, That it is the Opinion of this Committee, That Edward Nicholas Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Shaftsbury.

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 Sir Bourcher Wray have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

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

Encouragement of Privateers.

A Message from the Lords, by Sir John Franklyn and Sir John Hoskins:

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act for continuing the Acts for prohibiting all Trade and Commerce with France; and for the Encouragement of Privateers; with some Amendments: To which they desire the Concurrence of this House: Also,

Baliol College Estate.

They have agreed to the Bill, intituled, An Act to ascertain and settle the Payment of the impropriate Tythes of the Parish of St. Laurence, Old Jewry, in London, to the Master and Scholars of Baliol College, in Oxford; and for confirming an Award made concerning the same; with some Amendments: To which they desire the Comcurrence of this House.

And then the Messengers withdrew.

Habeas Corpus Suspension.

Mr. Poulteney, according to Order, reported, from the Committee of the whole House, to whom the Bill for impowering his Majesty to apprehend, and detain, such Persons as he shall find Cause to suspect are conspiring against his Royal Person, or Government, was committed, the Amendments made by the Committee to the said 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, agreed unto by the House.

A Clause was offered to be added to the Bill, That the Lieutenants of all the Counties of the Kingdom, or their Deputies or Agents, may, until the First of September 1696, seize the Horses of such Persons as they shall judge to be dangerous to the Peace of the Kingdom; and that, if such Horses be left with any Inn-keeper, the Owners shall pay for their Meat, not exceeding Four Shillings per Week:

And the same was twice read; and amended; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

Another Clause was offered, touching sending Persons to foreign Prisons:

And the same was twice read; and, by Leave of the House, withdrawn.

A Proviso was offered, to be added to the Bill, That the Act shall not extend to seize any breeding Mare in Foal, or having a Colt at her Foot, under Three Years old:

And the same was twice read; and, upon the Question put therepon, agreed unto by the House, to be made Part of the Bill.

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

Encouraging Seamen.

Ordered, That the Report from the Committee of the whole House, to whom the Bill for Increase and Encouragement of Seamen was committed, be made upon Tuesday Morning next; and nothing to intervene.

Sitting of Parliament on Demise of the Crown.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill, That whenever it shall please God to afflict these Realms by the Death of his present Majesty, the Parliament then in being shall not be dissolved thereby; but shall continue until the next Heir to the Crown in Succession, according to the late Act of Settlement, shall dissolve the same.

Mr. Speaker left the Chair.

Mr. Chancellor of the Exchequer took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Chancellor of the Exchequer reported from the said Committee, That he was directed to leave the Chair, upon account of a Matter of Privilege.

The House interpose to prevent a Quarrel.

Then the House was informed, That some Words of Heat had passed between Colonel Granville and Colonel Thompson.

And Colonel Granville being gone out of the House;

Ordered, That Colonel Thompson do not go out of the House: And that Colonel Granville be sent for.

Colonel Granville coming into the House.

Ordered, That they be enjoined not to prosecute any Quarrel between them.

And they severally stood up, and declared, They would not.

Sitting of Parliament on Demise of the Crown.

Mr. Chancellor of the Exchequer acquainted the House, That he was directed by the said Committee to move, That they might have Leave to sit again.

Resolved, That this House will immediately resolve itself into a Committee of the whole House, to consider further of the said Bill.

And the House resolved itself into a Committee accordingly.

Mr. Speaker left the Chair.

Mr. Chancellor of the Exchequer took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Chancellor of the Exchequer reported from the said Committee, That they had gone through the Bill; and made some Amendments; which they had directed him to report, when the House will please to appoint.

Ordered, That the said Report be made upon Monday Morning next.

Committees.

Ordered, That all Committees be adjourned.

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