House of Commons Journal Volume 10: 6 August 1689

Martis, 6 die Augusti; 1° Gulielmi et Mariæ.

Prayers.

New Windsor Election.

COLONEL Birch reports from the Committee of Privileges and Elections, to whom the Matter touching the Election of a Burgess for the Borough of New Windsor in the County of Berks was referred, the State of the Case, as it appeared to the Committee; and delivered the same in Writing, as followeth; viz.

Upon the Petition of Samuel Starkey, Esquire, against the Return of Sir Algernoon May, a Burgess for the Borough of New Windsor in the County of Berks;

That it appeared, The Petitioner claimed to be chosen by the Populace; and that the City Member was chosen by the select Number.

That the Petitioner offered to explain the Communitas Burgi, mentioned in the Returns of Burgesses for the said Borough:

But the Petitioner offering no new Evidence, but what had been this Sessions in the Case of Mr. Speaker (in which Case the House had agreed the Right of Election to be in the select Number); the Committee came to a Resolution: Which he read in his Place; and afterwards delivered the same 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 Sir Algernoone May is duly elected a Burgess to serve in this present Parliament for the Borough of New Windsor in the County of Berkes.

The said Resolution being read a Second time;

Resolved, That this House doth agree with the Committee, That Sir Algernoone May is duly elected a Burgess to serve in this present Parliament for the Borough of New Windsor in the County of Berkes.

Hereford Election.

Colonel Birch reports from the Committee of Privileges and Elections, to whom the Matter touching the Election of a Citizen to serve in this present Parliament for the City of Hereford was referred, the State of the Case, as it appeared to the Committee: Which he delivered in Writing; and is as followeth; viz.

That, upon the Petition of Hugo Gwyn, Esquire, against the Return of Henry Cornwall, Esquire, a Citizen, to serve in this present Parliament for the City of Hereford; and, hearing the Merits of the said Election; it appeared, That Mr. Cornwall, upon the Poll, had 372; Mr. Gwyn but 143 Voices:

And, That Mr. Gwyn insisting, That he was assaulted; and that the Election was disturbed in a riotous Manner; the Committee proceeded to examine that Matter: And, it appearing to be a particular Quarrel between the said Mr. Gwyn and one Mr. Price, in the Morning of the Day of the Election; and that the said Difference was quickly ended; the Poll went on orderly and peaceably; and that Proclamations were duly made at the Closing of the said Poll; That the Committee came to a Resolution: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same, being again read, is as followeth;

Resolved, That it is the Opinion of this Committee, That Henry Cornwall, Esquire, is duly elected a Citizen to serve in this present Parliament for the City of Hereford.

The said Resolution being read a Second time:

Resolved, That the House doth agree with the Committee, That Hen. Cornwall, Esquire, is duly elected a Citizen to serve in this present Parliament for the City of Hereford.

Exeter Election.

Colonel Birch reports from the Committee of Privileges and Elections, to whom the Matter of the Election of a Citizen to serve in this present Parliament for the City of Exeter was referred, the State of the Case, as it appeared to the Committee: Which he delivered in Writing; and is as followeth; viz.

That, upon the Petition of Hugh Speke, Esquire, against the Return of Christopher Bale, Esquire, a Citizen to serve in this present Parliament for the City of Exeter;

It was insisted by the Petitioner, That the Election was disturbed by several Butchers, and others; and that it was a void Election: And called

Mr. Benjamin Robins: Who said, He was at the Election, 6 June, from first to last: And that one Frew was knocked down: And if any Persons cried out against Mr. Bale, the Butchers cried, "Knock them down:" And that, though it was desired the Butchers might be polled, yet it was not done. That it was agreed, That no Freeholder, that lived in the Out County, should vote; yet several were admitted to vote for Mr. Bale: And that One time, as he thought, he heard a clear Voice for Mr. Speke.

That John Hamlye, John Crosse, and Bartholomew Hooke, being examined, spake to the like Effect.

That, for the Sitting Member, the Counsel insisted, That the Petitioner had but 25 Voices; and that the Sitting Member had 526: And that the Poll was carried on with all Fairness: And called

Mr. Whitehead: Who said, He was from the Beginning, to the End of the Election: And said, What Disturbance was, was occasioned by some Persons crouding in, and would not withdraw: And that it was a very peaceable Election; and that Way was made for any one that would come in Competition: That the Competition was between Mr. Bampfeild and Mr. Bale for Five or Six Hours, and then about Twenty-five polled for Mr. Speke: And that none were refused to poll for Mr. Speke: And that Proclamations were made for Three Quarters of an Hour.

That George Crocker also testified, There was no Violence used: And that Proclamations were duly made, and none hindered from voting for Mr. Speke.

That thereupon the Committee came to a Resolution: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth;

Resolved, That it is the Opinion of this Committee, That Christopher Bale, Esquire, is duly elected a Citizen to serve in this present Parliament for the City of Exeter.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee, That Christopher Bale, Esquire, is duly elected a Citizen to serve in this present Parliament for the City of Exeter.

Abbington Election.

Ordered, That the Report from the Committee of Privileges and Elections, touching the Election of a Burgess for the Borough of Abbington in the County of Berkes, be made on Saturday Morning next.

Debtors Relief.

Then the House resumed the adjourned Debate upon the Bill for Relief of poor Prisoners.

And an Amendment was proposed to be made, Press 3, Line 6, to leave out "or belonging to;" and, Line 7, to leave out "imprisoned, or being a Prisoner upon Bail or Security:"

And, upon the Question severally put thereupon, the same were agreed unto by the House: And the Bill amended at the Table, accordingly.

And then, a further Debate arising upon the Bill;

Ordered, That the Bill do lie upon the Table.

Precedents of Conferences.

Mr. Foley reports from the Committee, to whom it was referred to manage the free Conference, touching the Amendments proposed by the Lords to be made to the Bill for reversing Two Judgments given in the Court of King's Bench against Titus Oates, Clerk; had, according to the Order of the One-and-thirtieth of July last, inspected the Journals of both Houses, touching Proceedings upon Conferences and free Conferences: And had agreed upon a Report: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Journal of the House of Commons.

"Lunæ, 13 Maii, 13° Car."

"A Bill for securing and preserving his Majesty's Person and Government against treasonable and seditious Practices and Attempts, was this Day read the First time."

"Ordered, To be read a Second time To-morrow."

14 May 1661.

It was read a Second time; and committed.

16 May 1661.

It was reported by Sir Phillip Warwick, with several Amendments; and ordered to be ingrossed.

20 May 1661.

The ingrossed Bill read; and a Committee appointed to prepare a Proviso to be added to it.

21 May 1661.

The Bill passed, with the Proviso; together with some other Provisoes brought in, ingrossed;-And was that Day sent up to the Lords.

Journal of the House of Lords.

22 May 1661.

The Bill was read the First time, in the Lords House.

24 May 1661.

Read the Second time There; and committed.

27 May 1661.

The Bill was reported in the Lords House; and passed, with several Amendments, and a Proviso for the Peers.

28 May 1661.

It was sent back to the Commons; - as appears by both Journals.

The same Day; the Commons read the Amendments; and agreed to all but the Sixth: Which was "in the Second Skin, Line 3, after the Word 'State,' and before the next Word 'and,' put in these Words 'other than That of his Peerage:' Which being Twice read;"

"And the Question put, That this House do agree to the said Amendment;"

"It passed in the Negative."

"The Proviso was in these Words; 'Provided always, and be it Ordained and Enacted, That no Peer of this Realm shall be tried for any Offence against this Act, or any thing therein contained, but by his Peers, and not otherwise:' Which being twice read;

"And the Question put, Whether it should be added to the Bill;"

"It passed in the Negative."

"Ordered, That a Conference be desired;-and a Committee appointed to manage it."

31 May 1661.

"Mr. Lowther sent to desire a Conference."

"He reported, the Lords had agreed to a present Conference, in the Painted Chamber."

Lords Journal.

31 May 1661.

After the Conference.

"Ordered, That the Report of this Conference shall be made the next Day that this House sits again;" -and then adjourned to the Fifth Day of June.

June the 5th, 1661.

The Conference reported, with the Reasons of the Commons for their Disagreement:-Which are entered at large in the Lords Book.

Lords Journal.

The Lords ordered "to adhere to the Alterations and Words, as they were put in by this House, concerning the Excepting of Peerage; and also, to adhere to the Adding of the said Proviso, as it was sent down:" And it was further ordered, "to have a free Conference with the House of Commons: and There every Lord as will, have Liberty to give his Reasons, that were used in this House upon the Debate."

Precedents of Conferences.

Commons Journal.

June the 5th 1661.

" A Message from the Lords; to desire a present free Conference, in the Painted Chamber, touching the Matter of the last Conference.

June the Sixth.

Mr. Solicitor had made report of what had passed at the free Conference, and their Lordships adherence to the said Amendment and Proviso; and the Reasons thereof:

"Whereupon the House assumed the Debate of the said Amendment and Proviso: And, as an Expedient, this Alteration was propounded; That in the said Proviso, after the Words "against this Act," instead of the Words "or any thing therein contained, but by his Peers, and not otherwise," there be inserted these Words following; and after such Conviction, shall not be privileged, during his Life, to sit in Parliament, &c."-prout in the Act.

"After much Debate, it was resolved, upon the Question, That this House doth agree to the Sixth Amendment, sent down by the Lords, with the Qualification expressed in the said Proviso, so altered and amended; and not otherwise."

"Resolved, That this House doth agree to the said Proviso, sent down by the Lords, so amended, altered, and now read; and not otherwise.

"Ordered, That a free Conference be desired with the Lords, upon the Subject Matter of the last free Conference."

Lords Journal.

"June the Eighth, 1661."

" A Message was brought from the House of Commons by Sir Thomas Meeres, Knight, to desire a present free Conference in the Painted Chamber, upon the Matter of the late free Conference."

"Answer returned;- The Lords will take Consideration; and send an Answer by Messengers of their own."

Commons Journal.

June the Eighth, 1661.

"A Message from the Lords; to desire a present Conference with the House of Commons in the Painted Chamber, upon the Message sent up by the House of Commons this Morning: And, at the same time, their Lordships will be ready to enter into a free Conference with them, upon the Matter of the last free Conference."

Lords Journal.

June the Tenth, 1661."

"Report being made from the Conference, and free Conference as to the Message;-The Commons agreed it was a Mistake in their Messenger, to name Time and Place."

"After the free Conference reported,"

"The Question being put, Whether to concur with the House of Commons in these Amendments;

"It was resolved in the Affirmative."

Commons Journal.

June the Tenth.

"A Message from the Lords, That they have fully concurred to those Amendments you have made in the Act for the King's Safety."

Pardon of Titus Oates.

"Mr. Foley also acquainted the House, That the said Committee had also, pursuant to their Order, inspected the Journal of the House of Lords, touching the Address for a Pardon for Titus Oates; and had taken a Copy thereof, and of the Entry of his Majesty's Answer thereunto: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.

"Die Jovis, 6 die Junii, 1689."

"It being moved; That an Address might be presented to their Majesties from this House, That they would be pleased to pardon Titus Oates, and discharge him from the remaining Punishments he is liable to undergo, from the Two Judgments of Perjury against him in the Court of King's Bench; the Lord President, Earl of Bridgwater, Earl of Macclesfield, Earl of Nottingham, Lord Bishop of St. Asaph, Lord Bishop of Sarum, Lord Wharton, and Lord Godolphin, were appointed forthwith to draw an Address to this Effect; and report it to the House."

"The Lord President reported the Form of an Address: Which was as followeth;"

"To the King and Queen's most Excellent Majesties;

WE, the Lord's Spiritual and Temporal, in Parliament assembled do make it our humble Request to Your Majesties, That, whereas Titus Oates, Clerk, hath already received a severe Punishment for the Perjury whereof he hath been formerly convicted; and that some of the said Punishments will be still continued upon him, unless they shall be remitted by Your Majesties gracious Pardon; Your Majesties will be graciously pleased to grant Your Pardon to the said Titus Oates, to discharge him from the remaining Part of those Punishments, which he will otherwise be liable to undergo."

"The Address was read; and agreed to."

"Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the Lord President, the Lord Chamberlain, and the Earl of Nottingham, do attend their Majesties with the Address of this House concerning Titus Oates."

"Die Veneris, 7Junii 1689."

"The Lord President reported, That the Lords have attended the King with the Address of this House concerning Titus Oates; and his Majesty hath given Order for issuing out a Pardon, as is desired."

Conference desired with Lords.

Resolved, That a Conference with the Lords be desired, for the settling the Methods of Proceedings upon Conferences and free Conferences between the Two Houses.

Resolved, That it be referred to the Committee who managed the free Conference with the Lords, touching the Amendments to the Bill for reversing Two Judgments given in the Court of King's Bench against Titus Oates, Clerk, to prepare Reasons to be offered at the said Conference.

Ordered, That Sir Wm. Poultney, Sir Thomas Clarges, Mr. Grey, Sir John Lowther, Mr. Hamden, Mr. Palmes, be added to the Committee.

Orphans of London.

Resolved, That the House do, upon Thursday Morning next, at Ten of the Clock, resolve itself into a Committee of the whole House, to proceed in the further Consideration of the Bill for Relief of the Orphans of the City of London.

State of the Nation.

Then the Order for the House to resolve itself into a Committee of the whole House, to proceed in the further Consideration of the State of the Nation, in order to represent it to his Majesty, was read.

Resolved, That Mr. Speaker do leave the Chair.

Mr. Speaker left the Chair.

Mr. Grey took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Grey reports from the Committee of the whole House, That they had directed him to move the House, That the Officers of the Custom-house may be directed to bring in an Account of the Balance of the Trade between England and France, for Four Years, ending at Michaelmas last.

Ordered, That the Officers of the Customs do, upon Thursday Morning next, bring to this House an Account of the Balance of the Trade between England and France, for Four Years, ending at Michaelmas last.

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