House of Commons Journal Volume 10: 17 January 1690

Veneris, 17 die Januarii; 1° Gulielmi et Mariæ.

Prayers.

Sadlier's Estate.

A BILL to enable Sir Edwin Sadlier to sell certain Lands for Payment of Debts contracted by him and his Mother.

Resolved, That the Bill be read a Second time.

Sir Thomas Pilkington's Complaint.

Ordered, That Sir Peter Rich do attend in his Place upon Monday Morning next (touching the Complaint made against him upon the Petition of Sir Thomas Pilkington, now Lord Mayor of London, and several others, that were fined upon Pretence of a Riot at the Election of Sheriffs for the said City in the Year 1684), after the Hearing at the Bar between the City of Oxford and the University, upon the Bill for Confirmation of the Charters of the Two Universities.

Duke of Norfolke's Payment to Lady Russell.

An ingrossed Bill come down from the Lords, intituled, An Act to discharge the Duke of Norfolke, and the Trustees of Henry late Duke of Norfolke, upon Payment of certain Sums of Money to the Lady Eliz. Teresa Russel, Wife of Bartholomew Russell, Esquire, was read the Second time.

Resolved, That the Bill be committed to Mr. Blowfield, Sir Wm. Honywood, Sir Fra. Guibon, Mr. Arnold, Sir Jos. Tredenham, Sir Phil. Skippon, Mr. Christy, Mr. Brewer, Mr. England, Mr. Baldwyn, Mr. Fuller, Mr. Gemham, Sir Cha. Raleigh, Sir Rob. Davers, Colonel Howard, Sir Tho. Bernadiston, Mr. Burrard, Sir John Barker, Major Vincent, Mr. Pierpoint, Sir Robert Cotton, Sir Jo. Moreton, Mr. Howard, Sir Rob. Napper, Lord Fitzharding, Mr. Reynell, Colonel Birch, Sir Wm. Langham, Mr. Knyvett, Sir Rob. Dashwood, Sir Gilbert Clerke, and all the Members that serve for the Counties of Norfolke and Surrey: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber.

Syon sworn.

Alexander Syon, Clerk, took the Oaths of Allegiance and Supremacy at the Table, in order to his Naturalization.

Privilege- counterfeiting Protection.

The Serjeant at Arms acquaints the House, That he had Captain Tayler and Mr. Gibson in his Custody at the Door, who were ordered to be taken into Custody for counterfeiting a Protection in the Name of Mr. Cognisby, a Member of the House.

Whereupon they were called in to the Bar; and examined touching the same: And Captain Tayler confessing, That he had delivered such Protection to one Poyts; and nothing more appearing against Mr. Gibson, than that he told Poyts, That he believed, that Captain Tayler could procure him a Protection, if he desired it;

Ordered, That Mr. Gibson be discharged out of Custody.

Ordered, That * Tayler, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege in counterfeiting a Protection, be committed Prisoner to the Gatehouse of Westminster.

Hastings Election.

Resolved, That the House do immediately proceed to receive the Report from the Committee of Privileges and Elections, touching the Election for the Port of Hastings.

Mr. Grey reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of a Burgess to serve in this present Parliament for the Port of Hastings, the state of the Case, as it appeared to the Committee: Which he produced in Writing; and delivered in at the Clerk's Table: Where the same was read; and is as followeth;

Upon the Petition of Peter Gott, Esquire, against the Return of Colonel Beaumont, Baron for the Port of Hastings.

That, for the Petitioner, the Counsel insisted, That there had not been due Notice given of the Time of the Election; and that Violence had been offered to several Voters for the Petitioner; by which many Persons that would have voted for the Petitioner were hindered from voting:

And further, That Colonel Beaumont being returned, they submitted it to the Judgment of the Committee, whether he, being Governor of Dover Castle, could be returned for the Port of Hastings.

Upon the Poll,

It appeared, That, by Order of the Mayor, on Thursday Morning, Eight o'Clock, the Officer was to give Notice of the Election to be at Nine next Morning.

That, for the Petitioner, the Counsel called Marke Sargent: Who testified, That at Elections they used to give Three or Four Days Notice: And he was Twenty or Thirty Miles off at the Time of this Election; and so had no Notice till the Election was over: But if there had been Two or Three Days Notice, he believed he should have been there; and would have voted for Mr. Gott.

William Jenner said, He was threatened to be killed if he did not vote for Colonel Beaumont: And the Church Door was shut, and he hindered from getting in, though he came with a full Design to vote for Mr. Gott.

Thomas Lovell acknowledged, when he was Mayor, They gave Notice of an Election the Day following the Notice; but said, The Rabble told him, as he was going into Church, That, if he voted for Mr. Gott, they would kill him as he came out: And was afraid, if the Poll had gone of Mr. Gott's Side, there would have been Murder done.

Thomas Carswell said, He was threatened, as he walked by the Church; and one laid Hands upon him; and one Marke Bayly, and another, assaulted one that was for Mr. Gott; and had ill Words given him when he got in the Church.

Rich. Carswell said, That Wm. Jenner being at the Church Door, and the said Carswell about to let him in, John Stevens, threatened to kill him, if he let the said Jenupon his saying he had voted for Mr. Gott, one knocked him twice upon the Breast.

Edward Bates said, He saw Richard Carswell struck; and heard one Sargent threatened by Stevens, if he did not vote for Colonel Beaumont, they would cut his Nets.

James Bosam said, He came to vote for Mr. Gott, but did not; there was such a Tumult in the Church that he could not hear himself called.

Tho. Garr said, Marke Low told him, He had Five Shillings to vote for the Governor.

Rich. Sargent voted for the Governor; but said, It was because he was threatened, if he did not, to have his Nets pulled in Pieces: But went to the Church with Mr. Gott, and then designed to vote for him: That, after the Election, the Mayor and Jurats sent him Ten Shillings; and ordered him, he should tell nobody.

For the Sitting Member, the Counsel insisted, That there was due Notice given of the Election: And, if any Disturbance was given at the Election, it was by the Rabble, without the Privity of the Sitting Member: And called James Marsh, Serjeant at Arms at Dover Castle:

Who said, He was sent to Hastings to give them Notice, That the Governor of Dover Castle was coming to settle the Militia; and to go to the Election: And that he came to Hastings on Tuesday before the Election, and gave the Mayor Notice of it: And told Mr. Lovell to that Effect.

John Hide, Mayor, acknowledged Marsh had acquainted him as Marsh declared; and that he called Mr. Lovell on one Side, and desired him to write to Mr. Newington, to acquaint Mr. Gott with it; and said, The constant Notice had been at Twenty-four Hours.

That Mr. Gott was in Town on Thursday Night, before Colonel Beaumont came: That no Freemen were kept out, that he knows of; but gave Order to them that stood at the Door, that none but Freemen should come in: And that, if there was any Disturbance, it was not near the Poll.

Said, 'Tis a Custom of the Port, That if any Man lives out of the Town a Year and a Day, and does not pay Scot and Lot, he has no Vote: And that Mr. Dyne, who voted for Mr. Gott (though he be Recorder), never lived in the Town; and had no Right to vote.

* Turner, Rich. Thresher, Peter Fyatt, Nat. Hartshorn, testified Bosam did vote for Colonel Beaumont.

And Turner said, The Election was with the greatest Quiet that could be by such a Number of People: And that Colonel Beaumont sent him several Days before to publish his Intention of standing Candidate upon the said Election.

Richard Thresher said, He gave Notice to the Freemen the Day before the Election; and 'tis customary so to do: And all the Freemen of the Town (but one who was Bedrid) was present at this Election: And that, after the Governor was elected, he left Ten Pounds to be given to poor Seamen.

That Thomas Carlton junior voted for Colonel Beaumont, and lives with his Father.

Lovell said, He heard Carlton confess he had been a Year and a Quarter out of Town, being an Exciseman.

Peter Fyat said, Mr. Gott bowed; and gave Joy to Colonel Beaumont of his Election: and that Mr. Gott never desired to be returned.

Hartshorne said, the Election was very fair; and they did not proceed upon the Poll, till the Rabble was qualified.

And that . . ., upon the whole Matter, came to a Resolution: Which Mr. Gray 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 John Beaumont, Esquire, is duly elected a Baron to serve in this present Parliament for the Port of Hastings.

The said Resolve being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That John Beaumont, Esquire, is duly elected a Baron to serve in this present Parliament for the Port of Hastings;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

A Message from the Lords, by Sir Miles Cook and Sir Adam Ottley;

Edon's Estate.

Mr. Speaker, The Lords have agreed to the Bill, intituled, An Act to enable Mr. Edon to sell certain Lands for Payment of his Debts, and making a Provision for his Wife, and for his Children, in case he shall have any, without any Amendments.

Earl of Radnor's Jointure.

Also the Lords have passed a Bill, intituled, An Act to enable Charles Bodvile, Earl of Radnor, to make a Jointure, and to raise a Sum of Money out of divers Lands and Tenements in the County of Cornwall: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Militia.

A Bill for settling the Militia of this Kingdom, was read the Second time.

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

Resolved, That the House do, upon This-day-sevennight, at Ten of the Clock in the Morning, resolve into a Committee of the whole House, to proceed upon the said Bill.