House of Commons Journal Volume 10: 17 May 1690

Sabbati, 17 die Maii; 2° Gulielmi et Mariæ.

PRAYERS.

Woolen Manufacture.

SIR Thomas Clarges presented to the House a Bill for the Increase of the Woolen Manufacture, and setting the Poor on Work: Which was received.

Privilege- Persons discharged from Custody.

Wm. Pursell and Wm. Comyns in Custody of the Serjeant at Arms attending this House, being, according to the Order of Yesterday, this Day brought to the Bar; and humbly confessing their Offence, and making their Submission to the House; they did, upon their Knees, receive a Reproof from Mr. Speaker for their Offence.

Ordered, That the said Wm. Pursell and Wm. Comyns be discharged out of Custody, first paying their Fees.

Avoiding certain Letters Patents.

An ingrossed Bill from the Lords, intituled, An Act for avoiding certain Letters Patents therein mentioned, was read the First time.

Resolved, That the Bill be read a Second time after Eleven of the Clock.

Restoring Corporations.

Ordered, That Leave be given to bring in a Bill for restoring all Corporations to their ancient Rights and Privileges, notwithstanding any Judgment in a Quo Warranto, Forfeiture or Surrender, or any new Charters granted by the late King Charles the Second, or the late King James the Second: And it was recommended to Mr. Harbord to bring in the Bill.

Listing Papists.

Mr. Coningsby acquaints the House, That he, with other Members appointed by the House, had, according to their Order, attended the Lord Chief Justice of the Court of King's Bench: And that Mr. Dodsworth had appeared before his Lordship: Who took his Examination: Which was presented to the House by the said Mr. Coningsby.

Yorke Election.

Mr. Gray reported from the Committee of Privileges and Elections, the Case touching the Double Return and Election of a Citizen to serve in this present Parliament for the City of Yorke, as it appeared to the Committee: The which he delivered in at the Clerk's Table in Writing: Where the same was read; and is as followeth; viz.

Upon hearing the Merits of the Double Return and Election of Citizens for the City of Yorke;

That the Question was, Whether Edward Thomson, Esquire, or Henry Thomson, Esquire, was duly elected:

Upon the Poll either of them had equal Votes; viz. 841.

That for Mr. Edward Thomson, the Counsel produced Wm. Lun, a Witness: Who said Michael Wharton, Marmaduke Ascough, Richard Hardy, and Wm. Mackpeice, polled for Mr. Edw. Thomson, but were not entered for him in the Poll; and produced a List of Fifty-four Names that polled for Mr. Henry Thomson, who, the Counsel insisted, had no Right to poll; and one Chamley, who was dead before the Poll; and of Four, viz. John Battersby, John Clerke, Thomas Day, and Nathan Day, that polled twice for him: But as to the Fifty-four, all were justified, except the Number of about Twenty-four, that is to say, as to George Allison, Thomas Croggins, Wm. Breck, Thomas Smith, Robert Bele, Math. Smith, George Cartwright, Michael Sharpe, Rich. Faucet, Leon. Spetch, John Hudson, Jos. Thomson, Robert Lewis. Reresby Wilson, John Richardson, Wm. Woodworth James Crogg, John Dand, it was allowed they were not free: Chamley was not proved to be alive at the Poll: And as to Two, viz. Edward Bradley and Isaac Wood, the Witness denied they polled for Mr. Henry Thomson: And as to Wm. Brewhouse and Thomas Day, he said, It was only a Mistake of their Christian Name.

That for Mr. Henry Thomson, the Counsel produced a Witness: Who testified, That Twenty-two had voted for Mr. Edw. Thomson, that were made free since the Teste of the Writ for the Election: But it appeared Fourteen, that had been made free since the Teste of the Writ had likewise voted for Mr. Hen. Thomson; and produced a List of Forty-nine Persons that had voted for Mr. Edw. Thomson, that they insisted were not qualified; but they were all justified to the Number of about Sixteen; that is to say Chris. Mills, John Lambert, Rich. Wrench, Hamond Leech, Wm. Beforth junior, Humph. Nicholson, Edw. Fleming, Sam. Hutton, who were allowed to be not free: And, as to John Boss, Thom. Thompson, Wm. Griffin, Thom. Mason, Cha. Johnson, Wm. Marshall; that the Witness said, they were not polled for Mr. Edw. Thomson: And as to Charles

Yorke Election.

Potter, it was a Mistake for Christopher: And, as to John Tindale, it was a Mistake for Hindle.

That then, for Mr. Henry Thomson, they produced a Witness: Who said, That, as to Three Persons, their Names are set down twice: And that Thomas Swayle, of Bolton, and Thomas Swayle, Tanner, was the same Person: And that one Henry Hutchinson had voted for Mr. Henry Thomson; who was not entered in the Poll Book.

That, upon the whole Matter, the Committee came to a Resolution: Which the said Mr. Gray read in his Place; and afterwards delivered it in at the Clerk's Table: Where the same was read; and is as followeth; viz.

That it is the Opinion of this Committee, That Henry Thomson, Esquire, is duly returned and elected a Citizen to serve in this present Parliament for the City of Yorke.

The said Resolution being read a Second time.

Resolved, That the House doth agree with the Committee, That Henry Thomson, Esquire, is duly returned and elected a Citizen to serve in this present Parliament for the City of Yorke.

Ordered, That the Clerk of the Crown do attend this House upon Monday Morning next, with the Return for the City of Yorke, in order to amend the same.

Albrough Election.

Mr. Gray reports from the Committee of Privileges and Elections, the Case, as it appeared to the Committee, touching the Double Return and Election of Burgesses to serve in this present Parliament for the Borough of Albrough in the County of York: The which he delivered in at the Clerk's Table in Writing: Where the same was read; and is as followeth; viz.

Upon hearing the Matter of the Double Return and Election of Burgesses for Aldbrough in the County of Yorke;

That the main Question was, Whether the Right of Election was in a select Number of Burgesses, holding by Burgage Tenure in the said Borough, or the Inhabitants there paying Scot and Lot.

And that it was agreed, if the Right was in the select Number, then Henry Boyle and John Vandenbendie, Esquires, were duly elected; if in the Inhabitants paying Scot and Lot, then Sir Michael Wentworth, and Christopher Tanckred, Esquire, were duly elected.

That for Mr. Boyle and Mr. Vandenbendie, the Counsel produced several Indentures of Return,

14 Eliz. by a select Number: but the Record was tore.

1 Jac. by Seven Burgesses and Borough Men.

21 Jac. by Seven Burgesses and Borough Men.

3 Car. by Nine Burgesses and Borough Men.

15 Car. by the same.

13 Car. II^di per 9 Burgenses majorem Partem Burgensium, qui Electioni ill' interfuerint.

25 Car. per 16 & multos alios Burgenses: And John Benson, Esquire was elected: -Per 6 & diversos alios Burgenses: And Sir John Reresby was elected.

That these Two last were a Double Return: And it was resolved by the House for Mr. Benson: And produced,

Michael Hardcastle, James Hickman, Richard Lumley, Witnesses: Who said, The Right was in the Boroughmen, who were commonly accounted to be of the Number of Nine.

Robert Hardcastle said, The Nine Borough-holders voted for Mr. Boyle and Mr. Vandenbendy.

That for Sir Mich. Wentworth, and Mr. Tanckred, the Counsel insisted, The Right of Election was in the Inhabitants; and that, though only some few might join in the Return, which was an incertain Number, yet others might be concerned in the Election: And produced several Indentures of Return; viz.

1° Carol. by Eleven Burgesses and Borough-men.

Another in the same Year; by the same.

13 Car. II^di, per 9 Burgenses existen' major' Partem Burgensium, qui Electionem ill' interfuerint.

30 Car. II^di, per 20 & multos alios Burgen' existen' major' Part' Burgensium, qui Electioni ill' interfuerint.

31° Car. II^di, per 58 & alios Burgen' existen' majorem Partem Burgen' presentium.

And the Resolution of the House, Anno 1679, That the Right of Election was in the Inhabitants paying Scot and Lot.

A Return of 33 Car. II^di, per 41 & alios Burgenses ejusdem Burgi existen' majorem Partem presentium.

1° Jac. II^di, per 63 & alios Burgenses ejusdem Burgi existen' majorem Partem Burgensium presentium.

That it was said, That Three of the Nine that claimed to be Borough-holders received Alms, and the others were very poor.

That as to the Merits of the Return, it was not much insisted on; only it was said, That Seven of the Nine Boroughmen had joined in the Choice of the Bailiff, that returned Sir Michael Wentworth and Mr. Tanckred.

That, upon the whole Matter, the Committee came to several Resolutions: Which the said Mr. Gray read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as followeth; viz.

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the Borough of Aldbrough in the County of Yorke, is not only in the select Number of Burgesses, holding by a Burgage Tenure in the said Borough.

Resolved, That it is the Opinion of this Committee, That all the Inhabitants of the said Borough of Aldbrough, paying Scot and Lot, have Right to vote in electing Members of Parliament for the said Borough.

Resolved, That it is the Opinion of this Committee, That Sir Mich. Wentworth, and Christopher Tanckred, Esquire, are duly returned and elected Burgesses to serve in this present Parliament for the said Borough of Aldbrough.

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

And the Question being put, That the House do agree with the Committee therein, That the Right of electing Burgesses to serve in Parliament for the Borough of Aldbrough in the County of Yorke, is not only in the select Number of Burgesses, holding by a Burgage Tenure in the said Borough;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The Second Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee therein, That all the Inhabitants of the said Borough of Aldbrough, paying Scot and Lot, have Right to vote in electing Members of Parliament for the said Borough;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The Third Resolution being read a Second time;

Resolved, That the House doth agree with the Committee, That Sir Mich. Wentworth, and Chr. Tanckred, Esquire, are duly returned and elected Burgesses to serve in this present Parliament for the said Borough of Aldbrough.

Ordered, That the Clerk of the Crown do attend this House upon Monday Morning next, with the Return for the Borough of Albrough in the County of Yorke, in order to amend the same.

Knaresbrough Election.

Mr. Gray reports from the Committee of Privileges and Elections, the Case, as it appeared to the Committee, touching the Double Return and Election of Burgesses to serve in this present Parliament for the Borough of Knaresbrough in the County of Yorke: The which he delivered in at the Clerk's Table in Writing: Where the same was read; and is as followeth; viz.

Upon hearing the Merits of the Double Return and Election of Burgesses for Knaresbrough in the County of Yorke;

That the Question was, Whether Thomas Fawkes, or Hen. Slingesby, Esquires, was duly returned and elected.

And that the determining the Return depended on the Merits of the Election.

That the Right of Election was agreed to be in the Burgage-holders.

That Mr. Fawkes, upon the Poll, had Twenty-two, and Sir Henry Slingesby Twenty Voices.

And that, upon Examination, it appeared to the Committee, Mr. Fawkes had most qualified Voices: And that thereupon they came to a Resolution: Which the said Mr. Gray read in his Place; and afterwards delivered 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 Thomas Fawkes, Esquire, is duly returned and elected a Burgess to serve in this present Parliament for the said Borough of Knaresbrough.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Thom. Fawkes, Esquire, is duly returned and elected a Burgess to serve in this present Parliament for the said Borough of Knaresbrough.

Ordered, That the Clerk of the Crown do attend this House upon Monday Morning next, with the Return for the Borough of Knaresbrough in the County of Yorke, in order to amend the same.

New Windsor Election.

Mr. Gray reports from the Committee of Privileges and Elections, the Case, as it appeared to the Committee, touching the Election of Burgesses to serve in this present Parliament for the Borough of New Windsor in the County of Berks: The which he delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the Petition of Sir Charles Porter, Knight, and Wm. Adderley, Esquire, against the Election and Return of Sir Christopher Wren, and Baptist May, Esquire, for New Windsor;

That the Question was, Whether the Right of Election was in the Mayor, Bailiffs, and select Number of Burgesses, or in the Inhabitants paying Scot and Lot.

That if, in the former, it was agreed, The Sitting Members were elected; if, in the latter, it was agreed, The Petitioners were elected.

That, for the Petitioners, the Counsel insisted, That Windsor was a Borough by Prescription: And produced Returns of Burgesses for the said Borough of 30 Edw. I. 7 Edw. II.

And Indentures of Return of

16 Car.-Burgesses and Inhabitants elected under Common Seals, and Seals of Inhabitants-

17 Car.-particular Burgesses and Inhabitants named, together with divers other Burgesses and Inhabitants elected-

And Resolutions of this House of 1640, 1679, 1680; That the Commonalty had a Right to elect: And called

Mr. Taylor and Mr. Eyre: Who testified, They had known many Elections: And that the Commonalty had the Right, and had constantly elected Burgesses for Windsor.

That, for the Sitting Members, the Counsel produced a Copy of the Charter of 5 Edw. I. quod Villa de Nova Windsor de cetero liber Burgus sit.

And the Resolutions of this House of 13 Car. II. in the Case of Sir Rich. Braham and Mr. Higgens; 2° Maii, 1° Regni Regis & Reginæ nunc, in Mr. Powle's Case; 6 August, in the same Year, Sir Alg. May's Case; That the Right of Election was in the Mayor, Bailiffs, and select Number of Burgesses.

That, upon the whole Matter, the Committee came to several Resolutions: Which the said Mr. Gray read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were read; and are as followeth; viz.

Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of New Windsor in the County of Berks, is in the Mayor, Bailiffs, and select Number of Burgesses only.

Resolved, That it is the Opinion of this Committee, That Sir Christopher Wren, and Baptist May, Esquire, are duly elected Burgesses to serve in this present Parliament for New Windsor aforesaid.

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

And the Question being put, That the House do agree with the Committee therein, That the Right of Election of Burgesses to serve in Parliament for the Borough of New Windsor in the County of Berks is in the Mayor, Bailiffs, and select Number of Burgesses only;

The House divided.

The Noes go forth.

So it passed in the Negative.

The Second Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee therein, That Sir Christopher Wren, and Baptist May, Esquire, are duly elected Burgesses to serve in this present Parliament for New Windsor aforesaid;

The House divided.

The Noes go forth.

So it passed in the Negative.

Resolved, That Sir Charles Porter, and William Adderly, Esquire, are duly elected Burgesses to serve in this present Parliament for the said Borough of New Windsor.

Ordered, That the Clerk of the Crown do attend this House upon Monday Morning next, with the Return for the Borough of New Windsor in the County of Berks, in order to amend the same.

Ordered, That the Mayor of the Borough of New Windsor do attend this House upon Monday Morning next, to amend the Return of Burgesses for the said Borough.

Supply Bill; Hereditary Revenue.

An ingrossed Bill for declaring the Hereditary Revenues of the Crown to be vested in their Majesties, was read the Third time.

An ingrossed Clause was offered, as a Rider, to be made Part of the Bill; reciting, That the Hereditary Revenue hath been much incumbred by Pensions granted by Letters Patents in the Two last Reigns; and enacting, That all Pensions, or Sums of Money, which shall be hereafter granted by Letters Patents out of any Part of the Hereditary Excise, Post Office, or Wine Licences, shall cease at or upon the natural Death of the King or Queen who shall make any such Grant.

And the said Clause was once read.

Resolved, That the Clause be read a Second time.

The Clause was read a Second time.

Resolved, That the Clause be read a Third time.

The Clause was read a Third time.

Resolved, That the Clause be added to the Bill.

Sir Thomas Clarges, according to the Order of the House, presented another ingrossed Clause, as a Rider, to the Bill, for the Commissioners of the Treasury to take the Oath of Lord Treasurer; with a Blank for the Time for their doing the same.

Which Clause was twice read.

Resolved, That the Blank be filled up with "the Second Day of June."

And the same was filled up at the Table accordingly.

The Clause was read the Third time.

Resolved, That the Clause be made part of the Bill.

Another ingrossed Clause was offered, as a Rider, to the Bill, for Confirmation of Letters Patents granted by their Majesties, of divers Lands, to the Earl of Torrington, and his Heirs; and for vesting the said Lands in him, and his Heirs accordingly: Which was thrice read.

Resolved, That the said Clause be made Part of the Bill.

An ingrossed Proviso was offered, as a Rider, to the Bill; That nothing in the said Act shall extend to vest any Estate, or Right, in their Majesties, to any Manors, Lands, Rents, or Hereditaments, that were Theodore Bathurst's of Lincolne's Inne, Esquire, and were seized into the Hands of the late King James the Second, by reason of any Office or Inquisition found by colour of any Commission, further or otherwise than the same were vested in the said late King James.

Which Proviso was thrice read.

Resolved, That the said Proviso be made Part of the Bill.

Resolved, That the Bill do pass: And that the Title be, An Act declaring the Hereditary Revenues of the Crown to be vested in their Majesties.

Ordered, That Mr. Chancellor of the Exchequer do carry the Bill up to the Lords; and desire their Concurrence thereunto.

Listing Papists.

Then the Examination of Mr. Dodsworth, taken before the Lord Chief Justice Holt, formerly presented to the House, was read.

Ordered, That a Copy of the said Examination be taken by the Clerk of this House: And that afterwards, the said original Examination be delivered by the Members of this House, that are of his Majesty's most honourable Privy Council, to one of his Majesty's Principal Secretaries of State.

Ordered, That Mr. Dodsworth have the Privilege and Protection of this House.

Commissioners of Accounts.

Resolved, That this House will, upon Monday Morning next, after the Report upon the Bill for appointing and enabling Commissioners to take the Accompts of all publick Monies since the Fifth November 1688 is proceeded upon, resolve itself into a Committee of the whole House, to consider of the Bill for the better securing the Publick Peace, and preventing the Designs of Papists, and other disaffected Persons to their Majesties Government.

Securing Government against Rebellion.

Ordered, That the Committee appointed to prepare and bring in a Bill for the more effectual securing their Majesties Government, against all such Persons as conspire to rise in Rebellion, and disturb the Peace of the Kingdom, have Power to send for Persons, Papers, and Records.

Ordered, That Sir James Rushout be added to that Committee.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till Monday Morning, Eight of the Clock.