House of Commons Journal Volume 10: 11 November 1690

Martis, 11 die Novembris; 2° Gulielmi et Mariæ.

Prayers.

King's Bench Prison.

A PETITION of the poor Prisoners of the King's Bench Prison for Debt, was read; setting forth, That for several Years above Eight hundred Prisoners have been committed to the said Prison; and that there are seldom less than Three thousand belonging thereto: And that last Easter Term one Wm. Briggs was sworn Marshal of the Prison, but is only nominal for Mr. John Farrington, who is a Prisoner in Execution for large Sums: Who doth barbarously oppress and extort upon the Petitioners; and causeth them to be put in lousy and stinking Rooms, except they sign a Book to pay extravagant Fees and Demands: And he hath caused divers of the Petitioners, for endeavouring to redress these Grievances, to be removed out of the Prison to private Spunging-houses, and in the Hole and Dungeon, and in Irons in the Prison; whereby they are deterred from seeking Relief in the Premises: And praying the same may be examined, and the Petitioners relieved.

Ordered, That the Examination and Consideration of the said Petition be referred to a Committee; to report the same, with their Opinions therein, to the House.

And it is referred to Sir John Guise, Mr. Slater, Mr. Bickerstaffe, Colonel Austen, Mr. Paul Foley, Sir Tho. Darcy, Mr. Wm. Thomson, Sir Jonath. Jennings, Mr. Bowyer, Sir Jerv. Elwes, Sir Rich. Onslow, Mr. Christie, Sir Sam. Bernardiston, Mr. Hawtry, Mr. Colt, Mr. Hedger, Mr. Fuller, Mr. Blowfeild, Sir Fran. Thomson, Mr. Mountague, Sir Matth. Andrewes, Sir Phil. Skippon, Mr. England, Major Vincent, Lord Cornbury, Mr. Fawkes, Mr. Hutchinson, Mr. Kenyon, Mr. Arnold, Mr. Biddulph: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Fleet Prison.

Ordered, That the Examination and Consideration of the Extortions upon the Prison in the Fleet be referred to the Committee to whom the Examination and Consideration of the Petition of the poor Prisoners of the King's Bench Prison for Debt is referred: And they to report their Opinions therein to the House.

Insolvent Debtors.

Ordered, That the Bill for Relief of poor Prisoners be read the First time upon Thursday Morning next, at Eight a Clock.

Recovery of Tythes.

A Bill for the more easy Recovery of small Tythes, was read the First time.

Resolved, That the Bill be read a Second time.

Armourers.

A Petition of the Workmen Armourers of the City of London was read; setting forth, That, by an Act 13° Car. II^di, it is provided, That, at every Muster and Exercise of the Militia, every Horseman is to bring with him defensive Arms; viz. Breast and Pots Pistol-proof and the Backsword proof: Every Pikeman to have Back, Breast, and Head-piece; and every Musqueteer a Headpiece: For want of due Execution of which Laws the Petitioners Trade is like to be utterly lost: And praying the Consideration of the House for reviving and encouraging the Art of Making of Armour.

Ordered, That the Consideration of the before-mentioned Petition of the Workmen Armourers of the City of London be referred to the Committee to whom it is referred to prepare and bring in a Bill for the better regulating and making the Militia of this Kingdom more useful.

Droitwich Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Burgesses to serve in this present Parliament for the Borough of Droitwich in the County of Worcester, the State of the Case, as it appeared to the said Committee: Which he delivered in at the Clerk's Table, in Writing: Where the same was read; and is as followeth; viz.

Upon the Petition of Sir John Packington, Baronet, complaining of an undue Election and Return of Philip Foley, Esquire, as Burgess to serve for Droitwich;

That the Committee proceeded to examine the Merits of the said Election: And

That the Question was, Whether the Right of Election was in the Burgesses of the Corporation of the Salt Springs of Droitwich, or in the Proprietors of the Salt Springs at large.

Of the Proprietors,

Of the Burgesses of the Corporation,

That, as to the Burgesses of the Corporation, none can be of the Corporation but they must have some Property in the Salt Springs: But it appeared to the Committee, That several of the Corporation had only a Reversion, upon a Pepper Corn, reserved after Five hundred, or a great Term of Years. It likewise appeared, as well by ancient Rolls in the Nature of Rentals, said to be made ex Assensu & Consensu omnium Burgensium & non Burgensium whereof some were particularly expressed to be non Burgensium, as also by Witnesses, That many of the Proprietors were not Burgesses of the Corporation.

And that it was testified, as well by Mr. John Philpot, the Town Clerk, as Mr. Robert Pendrice, one of the Proprietors, but not of the Corporation, That the Proprietors at large had no Right to vote in electing Burgesses to Parliament.

That, upon the whole Matter, the Committee came to several Resolutions: Which 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 Droitwich is in the Burgesses of the Corporation of the Salt Springs of Droitwich.

Resolved, That it is the Opinion of this Committee, That Philip Foley, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Droitwich.

The First Resolution being read a Second time;

Resolved, Nemine contradicente, That this House doth agree with the Committee in the said Resolution, That the Right of Electing of Burgesses to serve in Parliament for the Borough of Droitwich is in the Burgesses of the Corporation of the Salt Springs of Droitwich.

The Second Resolution being read a Second time.

Resolved, Nemine contradicente, That this House doth agree with the Committee in the said Resolution, That Philip Foley, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Droitwich.

Colchester Election.

Mr. Gray also reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Burgesses to serve in this present Parliament for the Borough of Colchester in the County of Essex, the State of the Case, as it appeared to the said Committee: Which he delivered in at the Clerk's Table in Writing: Where the same was read; and is as followeth; viz.

Upon the Petition of Isaac Rebow, Esquire, complaining of an undue Election and Return of Burgesses for Colchester;

That the Committee . . proceed to examine the Merits of the said Election: And that the Right of Election was agreed, as well by the Counsel for the Sitting Members, as the Petitioners, to be in the Freemen of the said Borough not receiving Alms.

That it appeared to the Committee, That the Poll at the Election was taken promiscuously; and was afterwards to be scrutined.

That Three Clerks that took the Poll were produced: Upon whose Books the Poll stood thus;

That Mr. Rebow, having a Majority upon the Poll thus taken, demanded to be returned; but the Mayor refused till the Scrutiny: And thereupon, the Clerks Books were sealed up, and delivered to the Mayor. The Mayor sent for Mr. Rebow to be at the Scrutiny; but he refused to come.

Upon the Scrutiny, the Numbers were thus;

That, thereupon, the Committee came to several Resolutions: Which Mr. Gray read in his Place; and afterwards, delivered in at the Table: Where the same were read; and are as followeth; viz.

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

Resolved, That it is the Opinion of this Committee, That Sam. Reignolds, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Colchester.

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

Resolved, That the House doth agree with the Committee in the said Resolution, That Edward Cary, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Colchester.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Sam. Reignolds, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Colchester.

Buckingham Election.

Mr. Gray also reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Burgesses to serve in this present Parliament for the Borough of Buckingham in the County of Bucks, the State of the Case, as it appeared to the said Committee: Which he delivered in at the Clerk's Table in Writing: Where the same was read; and is as followeth; viz.

Upon the Petition of Sir Rich. Atkyns, and Sir Peter Tyrrell, Baronets, complaining of an undue Election and return for the Borough of Bucks;

That the Committee proceeded to examine the Merits of the said Election:

And that the Question was only upon the Right of Election:

That, if the Right of Election was in the select Number, which consisted of a Bailiff and Twelve Burgesses, the Sitting Members were elected: If in the Inhabitants at large, the Petitioners were elected:

That, for the Petitioners, several Returns were produced:

1° Edw. VI.-Bailiff and Eleven Burgesses (named) elected.-

6 Edw. VI.-Eadem forma.

2 & 3 Phil. & Mar.-Bayliff. et Burgens. cum communi Assensu & Consensu eligerunt.

1 Eliz.-Bailiff and Twelve Burgesses elected.-

And produced the Charter 1° Mariæ; Quod Villa de Buckingham de cætero liber Burgus sit: Et quod erint duo Burgens. Parliamenti.-

That, for the Sitting Members, was produced an ancient Record of 27 E. III. of a Precept to the Mayor and Bailiff of Bucks, for electing Burgesses to Parliament:

As also a Judgment of the House in Case of Mr. Dormer, That the Right of Election was in the Bailiff and Twelve Burgesses:

That it was also proved, as well by one Fourty, a Witness, produced for the Petitioners, as by Wm. Atton, and Hugh Hethersey, produced by the Sitting Members, who spake as to several Elections; and said, That the Persons that sat upon those Elections were always elected by the select Number:

That, thereupon, the Committee came to several Resolutions: Which 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 Election of Burgesses to serve in Parliament for the Borough of Bucks is in the Bailiff and Twelve Burgesses of Bucks only.

Resolved, That it is the Opinion of this Committee, That Sir Rich. Temple, Knight of the Bath, and Baronet, is duly elected a Burgess to serve in this present Parliament for the Borough of Bucks.

Resolved, That it is the Opinion of this Committee, That Alexander Denton, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Bucks.

The First: Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That the Right of Election of Burgesses to serve in Parliament for the Borough of Bucks is in the Bailiff and Twelve Burgesses of Bucks only.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir Rich. Temple, Knight of the Bath, and Baronet, is duly elected a Burgess to serve in this present Parliament for the Borough of Bucks.

The Third Resolution being read a Second time;

Resolved, That it is the Opinion of this Committee in the said Resolution, That Alexander Denton, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Bucks.

Election Committees.

Ordered, That the Chairman of the Committee of Privileges and Elections do make the rest of his Reports To-morrow Morning.

Cirencester Election.

Ordered, That the Matter of the Election of the Burgesses to serve in this present Parliament for the Borough of Cirencester in the County of Glocester be heard at the Bar of this House upon This-day-fortnight.

Coal Trade.

An ingrossed Bill from the Lords, intituled, An Act for regulating the Measures and Prices of Coals, was read the Second time.

Resolved, That the Bill be committed to Sir Rob. Davers, Mr. Arnold, Sir Rob. Rich, Sir Walter Young, Lord Castleton, Mr. Hawtry, Mr. Hutchinson, Sir Christopher Musgrave, Doctor Barbon, Sir Rob. Cotton, Mr. Pitts, Sir John Cotton, Sir Tho. Clarges, Lord Falkland, Mr. Robinson, Sir Tho. Bernadiston, Mr. Glemham, Sir Tho. Darcye, Mr. Godolphin, Mr. Gwyn, Mr. Blowfeild, Sir Matth. Andrews, Mr. Taylor, Colonel Birch, Mr. Slater, Sir John Brownlow. Mr. Thomson, Mr. England, Mr. Cooke, Sir Tho. Lee, Mr. Christie, Major Vincent, Mr. Clerke, Sir Tho. Pope Blunt, Mr. Bowyer, and all the Members that serve for the City of London and Westminster, and County of Middlesex: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Commissioners of Admiralty.

Resolved, That the ingrossed Bill from the Lords, intituled, An Act concerning the Commissioners of the Admiralty, be now read the Third time.

The Bill was read the Third time.

And a Debate arising thereupon, a Motion was made: And the Question being put, That the Debate be adjourned;

It passed in the Negative.

Resolved, That the Bill, with the Amendments, do pass: And that the Title be agreed to.

Ordered, That Mr. Attorney General do carry the Bill to the Lords; and acquaint them, That this House hath agreed thereunto, with several Amendments; to which Amendments this House desire their Lordships Concurrence.

Earl of Torrington desires to be heard.

The House being informed, by a Member of the House, That the Earl of Torrington, now in Custody of the Marshal of the Admiralty, doth desire to be heard before this House, touching the Matter for which he is in Custody;

Ordered, That the Earl of Torrington, at his Desire, be by the Marshal of the Admiralty, brought before this House To-morrow Morning, to be heard accordingly.

Ordered, That the Serjeant at Arms attending this House do give Notice of this Order to the Marshal of the Admiralty, by delivering the Order of this House to him.

Address for providing Seamen.

Mr. Mountague reports from the Committee to whom it was referred to prepare an humble Address to be presented to his Majesty, upon the Debate of the House, in relation to the providing a sufficient Number of able Seamen for the next Year's Fleet, That they had prepared an Address accordingly: 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 the said Address be re-committed to the same Committee.

Ordered, That the said Committee have Power to send for Persons, Papers, and Records.

Prideaux's Claim on Lord Jeffryes.

Ordered, That Mr. Hen. Herbert, Mr. Beare, Mr. Jeffryes, Sir Rob. Nappier, Sir Tho. Littleton, Mr. Serjeant Trenchard, Mr. Nich. Gold, Mr. Arnold, Mr. Done, Mr. Clerke, be added to the Committee to whom the Bill for charging the Estate of the late Lord Jeffryes in Leicestershire, with the Sum of Fourteen thousand Seven hundred Sixty Pounds, with Interest, to Edmund Prideaux, Esquire, is committed.

Committees.

Ordered, That all Committees be revived.

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