House of Commons Journal Volume 10: 31 December 1689

Martis, 31 die Decembris; 1° Gulielmi et Mariæ.

Prayers.

Attainder of Irish Rebels.

ORDERED, That Leave be given to bring in a Clause to the Bill for attainting such as are in Rebellion against their Majesties in Ireland, to vest in the Duke of Ormond all Estates made by him, or his Ancestors, to any Tenants, and all Monies issuing out of, or Mortgages, Charges, or Incumbrances upon, the said Duke's Estate, to any Person, who are in Rebellion against their Majesties.

Leave of Absence.

Ordered, That Mr. Henry Trenchard have Leave to go into the Country, for a Fortnight, for recovery of his Health.

Irish Protestants.

Mr. Solicitor General reports from the Committee to whom the Bill for the Relief of their Majesties Protestant Subjects in Ireland, was referred, That they had agreed to make several Amendments in the Bill; which they had directed him to report to the House: And he read the same in his Place, with the Coherence; and afterwards, delivered the same in at the Clerk's Table: Where the same were read once throughout; and afterwards a Second time, one by one; and upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill be ingrossed.

Duke of Buckingham's Estate.

A Bill to enable the Trustees of the late Duke of Buckingham to sell his Estate, for Payment of his Debts, was read the First time.

Resolved, That the Bill be read the Second time.

Imprisonment of the Subject.

Ordered, That Sir Thomas Lee, and Mr. Hawles, do bring in the Bill for regulating the Imprisonment of the Subject, upon Friday Morning next.

Plymouth Election.

Mr. Grey reports from the Committee of Elections and Privileges, to whom the Matter touching the Election for the Borough of Plymouth in the County of Devon was referred, the State of the Case, as it appeared to the Committee: The which he delivered in Writing at the Clerk's Table: Where the same was read; and is as followeth;

Upon the Petition of Martin Ryder, Esquire, against the Return of John Granvile, Esquire, Burgess for Plymouth in the County of Devon.

That, for the Petitioner, the Counsel insisted, That Plymouth was a Borough by Prescription; and incorporated in the Reign of Henry the Sixth: And that the Right of Election was in the Freeholders and Freemen of Plymouth: And alleged, the Petitioner had the Majority, upon the Poll, both of Freeholders and Freemen.

That, for the sitting Member, the Counsel insisted, That, Plymouth being a Borough by Prescription, the Right of Election could not be in the Corporation of Freemen, though of late they had interposed in Elections: And that it was in the Freeholders only: Whereof they insisted the sitting Member had the Majority thereupon.

That, for the Petitioner the Counsel produced the Resolution of this House 9 June 1660, "That the Right of Election of Burgesses for Plymouth was in the Mayor and Commonalty;" and produced Indentures of Return; viz.

1° Jacobi. - Major & Communitas ex eorum communi Assensu & general' Consensu elegerunt - Indentur' sub Sigillo Majori & Communitatis.

26 Eliz. - Major & Communitas nominaverunt & assignaverunt Burgenses - Indenture a sub Communi Sigillo Majoris & Communitatis.

2 Phil & Mariæ. - Mayor, Burgesses, and Commonality of Plymouth elected.-Indenture under the Common Seal of Mayor, Burgesses, and Commonalty.

1° Caroli. - Major & Communitas elegerunt - Indentur' sub Communi Sigillo Majoris & Communitatis.-

15 Car. I. - Major & Communitates elegerunt- Indentur' sub Communi Sigillo Majoris & Communitatis-

William Cotton said, That the Elections of Burgesses had been formerly by the Mayor, Magistrates, and Common Council, and no Freeholder was admitted: But some Freeholders have been admitted.

That, for the Sitting Member, the Counsel agreed That Freemen had interposed for Forty or Fifty Years, but without any Right.

Samuell Eastlake said, He took the Poll for the Election on the Behalf of Mr. Rider; and, when he numbered them, he found Eighty-five for Mr. Granvile, and Eightynine for Mr. Ryder.

Cotton said, That Mr. Rider had Fifty-five Freeholders, and Mr. Granvile Fifty-four.

Then the Counsel for the Sitting Member called John Miller and Andrew Philipps: Who said, The Poll delivered in by the Sitting Member was taken by Order of the Mayor: And that Mr. Granvile had Sixty-one Freeholders, and Mr. Rider Fifty-three.

And that, upon the whole Matter, the Committee came to a Resolution: Which the said Mr. Grey 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 John Granvill Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Plymouth, in the County of Devon.

The said Resolution being read a Second time:

Resolved, Nemine contradicente, That this House doth agree with the Committee in the said Resolution, That John Granvill, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Plymouth, in the County of Devon.

Southampton Election.

Mr. Grey reports from the Committee of Privileges and Elections, to whom the Matter touching the Election for the Town and County of Southampton was referred, the State of the Case, as it appeared to the Committee: The which he delivered in Writing at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the Petition of Sir Charles Windham, Knight, complaining of an undue Election and Return of Edward Fleming, Esquire, to serve in this present Parliament for the Town, and County and Town of Southampton;

That the Petitioner claimed to be chosen by the Burgesses and Inhabitants of the said Town, paying Scot and Lot.

And the Sitting Member claimed to be chosen by the Mayor, Bailiff, and select Number of Burgesses of the Corporation.

And, if the Right was in the Burgesses and Inhabitants at large, it was agreed to be with the Petitioner; if in the select Number, to be with the Sitting Member.

That, for the Petitioner, the Counsel produced several Indentures of Return of Burgesses for the said Town; viz.

28 H. VI. - An Indenture of Return. - 13 elegerunt - Indentura sub Sigillis suis.

17 Ed. IV. - 12 elegerunt-Indentur' sub Sigillis suis.

33 H. VIII. - About Thirty-six Burgesses and free Tenants elected. - Indenture under their Seals.

1 Mariæ. - Assensu Burgensium & Inhabitant' Villæ Southampton electi sunt-Indentura sub Sigillis Burgen' & Inhabitantiu' prædict'.

43 Eliz. - Burgenses Villæ prædictæ qui in pleno Comitati interfuerunt, elegerunt - Indentura sub Sigillis suis.

21 Jaco - In pleno Com', per Assensu' Burgensiu' & Inhabitant' ejusdem Villæ electi fuerunt-sub Sigillis suis.

1° Car. I^mi Burgenses & Inhabitant' Villæ & Comitatus prædict' elegi facerunt-sub Sigillis suis separatim.

31° Car. II^di. - 31° Et al' Burgenses & Inhabitantes Villæ prædict' elegerunt-sub Sigillis suis separatim.

And called Jos. Hancock and Isaac Watts: Who said, they knew several Elections of Burgesses for the said Town; and that the Scot and Lot Men used to elect, and have several times polled; and, to that end, they used to have the Poor Books at the Poll: And that the Scot and Lot Men were never denied; and particularly, that they were allowed to poll for Mr. Brett and Sir Benjamin Newland at this last Convention; and that they sat in this House as so elected: And Colonel Fleming then polled the Scot and Lot Men himself.

Wm. Lyne said, he had borne all Offices, and that Scot and Lot Men always chose: And that this Time they combined together, and made an Agreement to save the Mayor harmless if Sir Cha. Windham should bring an Action.

Wm. Birkinhead said, That he had known the Town Fourteen Years: That he is now a Burgess of the Town; but was admitted to poll for Parliament Men as a Scot and Lot Man at an Election, before he was Burgess; and signed the Return.

For the Sitting Member, the Counsel insisted, That the Right of the Election was in the Corporation; and that they were a Corporation Time out of Mind; and that none but Members of Corporations had made any Returns from 6 E. VI. till February 79.

And produced their Charter, in which there was an Inspeximus of Henry the Second's Charter. Quod homines, sui de Hampton habeant et teneant Guildam suam, et omnes Libertates & Consuetudines suas.

And produced Indentures of Return; viz. 6° E. VI^ti. 1° Mariæ, 1° Eliz. 16° Car. I^mi, 15° Car. I^mi, 31° Car. II^di, 30 Car. II^di, 22° Car. II^di, 13° Car. II^di.

And called John Clements, and Wm. Pocock: Who said; As to all the Names mentioned in those Returns, he had searched the Corporation Book; and found their Names entered therein, as of the Guild and Burgesses of the Town: And Pococke acknowledged, He did take the Poll for Major Brett at the Convention; and Mr. Bret was returned, as chosen by Scot and Lot Men.

And that, upon the whole Matter, the Committee came to several Resolutions: The which the said Mr. Grey read in his Place; and afterwards delivered the same in at the Clerk's . . . . : Where they were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Town and County of the Town of Southampton, is in the Burgesses and Inhabitants of the said Town and County.

Resolved, That it is the Opinion of this Committee, That Edward Fleming, Esquire, is not duly elected a Burgess to serve in this present Parliament for the Town, and County and Town of Southampton.

Resolved, That it is the Opinion of this Committee, That Sir Charles Windham, Knight, is duly elected a Burgess to serve in this present Parliament for the Town, and County and Town of Southampton.

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

Resolved, That the House doth agree with the Committee in the said Resolve, That the Right of Election of Burgesses to serve in Parliament for the Town, and County of the Town of Southampton, is in the Burgesses and Inhabitants of the said Town and County.

The Second of the said Resolves being read a Second time;

Resolved, That this House doth agree with the Committee, That Edward Fleming, Esquire, is not duly elected a Burgess to serve in this present Parliament for the Town and County of the Town of Southampton.

The Third of the said Resolves being read a Second time.

Resolved, That the House doth agree with the Committee, That Sir Charles Windham, Knight, is duly elected a Burgess to serve in this present Parliament for the Town, and County of the Town of Southampton.

Ordered, That the Clerk of the Crown do, upon Thursday Morning next, attend, to amend the said Return.

Ways and Means.

Then the House resolved into a Committee of the whole House, to consider of further Ways to raise the Supply granted to their Majesties.

Mr. Speaker left the Chair.

Mr. Hampden took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Hampden reports from the Committee of the whole House, That they had made a further Progress in the Matters to them referred; and had agreed upon several Resolutions, which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were read; and are as followeth;

Resolved, That it is the Opinion of this Committee, That, as a further Means of raising a Supply for their Majesties, there be an Imposition laid upon Coffee, Tea, and Chocolate, at the Custom-house: And that the House be moved, That a Bill be brought in for that Purpose.

Resolved, That it is the Opinion of this Committee, That, as a further Means of raising the said Supply, there be an Imposition of One Quarter of a Year's full Value laid upon every House, erected upon a new Foundation within the Lines of Communication, and Weekly Bills of Mortality, since the Twenty-fourth June 1660; to be paid by the present Occupier: And that the House be moved, That a Bill be brought in for that Purpose.

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

Resolved, That this House doth agree with the Committee, That, as a further Means of raising a Supply for their Majesties, there be an Imposition laid upon Coffee, Tea, and Chocolate, at the Custom-house.

Ordered, That a Bill be brought in according to the said Resolve: And that Sir Math. Andrews do prepare and bring in the Bill.

The Second of the said Resolves being read a Second time;

An Amendment was proposed to be made, by leaving out "paid;" and, instead thereof, to insert "laid down:" Which was, upon the Question put thereupon, agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That, as a further Means of raising the said Supply, there be an Imposition of One Quarter of a Year's full Value laid upon every House, erected upon a new Foundation within the Lines of Communication and Weekly Bills of Mortality, since the Twenty-fourth June 1660; to be laid down by the present Occupier.

Ordered, That a Bill be brought in according to the said Resolve: And that Sir Wm. Wogan and Mr. Christy do prepare and bring in the same.

Ordered, That Mr. Attorney . . . Mr. Solicitor do prepare and bring in the Bill, directed Yesterday for an Imposition to pay for Licences to sell Beer, Ale, Cyder, Mum, Coffee, Brandy, and other Liquors.

Resolved, That the House do, upon Friday Morning next, resolve into a Committee of the whole House, to proceed further into the Consideration of Ways to raise the rest of the Supply granted to their Majesties.

Resolved, That this House will adjourn till Thursday Morning next.