House of Commons Journal Volume 10: 12 November 1690

Mercurii, 12 die Novembris; 2° Gulielmi et Mariæ.

Prayers.

Manwareing's Estate.

A BILL for vesting the Freehold and Inheritance of certain Lands, Tenements, and Hereditaments, in the County of Chester, of Thomas Manwareing, Gentleman, in Trustees, to be sold for Payment of Debts, was presented to the House; and received.

Banes' Estate.

A Bill for the vesting several Houses within the City of London, late the Estate of John Banes, Gentleman, deceased, in Trustees, to be sold for Payment of Debts, was presented to the House, according to the Order; and received.

Highways.

A Bill for Enlarging and Repairing of Highways; and for reviving a former Act for that Purpose, was read the Second time.

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

Southwarke Court of Conscience.

Mr. Bowyer reports from the Committee to whom the Bill for erecting a Court of Conscience for the Borough of Southwarke, and other Places in the Weekly Bills of Mortality, in the County of Surrey, was committed, That they had agreed upon several Amendments to be made to the Bill: Which they directed him to report to the House: And which he read in his Place, with the Coherence; and afterwards, delivered the same in at the Clerk's Table: Where the same were once read throughout.

Whereupon a Petition of Thomas Prettyman, and others, was presented to the House, and read; setting forth, That the Petitioners had been at great Expence in endeavouring to get an Act for erecting Courts of Conscience, as well for the Borough of Southwarke, as other Out Divisions and Parishes in Middlesex, within the Bills of Mortality; and had this Parliament prepared another Bill, as formerly: But that, by Order of the House, a separate Bill was brought in for the said Borough, and is ready to be reported: And praying, in Consideration of such their former Expence, and continual Attendance, they, or some of them, may have their Names inserted, as Register Clerk, and Beadle, in the said Court, preferable to any other, so long as they shall behave themselves well in the said Places.

Afterwards, the said Amendments were read a Second time one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

Act of Navigation respecting English Seamen.

A Bill for suspending, during the War with France, that Part of the Act of Navigation which obliges English Ships to sail with English Seamen, was, according to Order, presented to the House; and received.

Ordered, That the said Bill be read To-morrow Morning.

Rye Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Barons to serve in this present Parliament for the Port of Rye, 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 Caleb Bancks, and Thomas Frewen, Esquires, against the Election and Return of Sir John Austen, and Sir John Dorrell, for the Port of Rye;

That it was agreed the Right of Election was in the Mayor, Jurats, and Freemen of the Port of Rye.

That Henry Dorrington delivered in a Copy of the Poll; which, he said, he took by Direction of the Petitioners: Upon which, the Numbers stood thus; viz.

That, as to the Exceptions, the Matter was thus: There was a Dispute between one Thomas Tournay, and one Crouch, about the Mayoralty of Rye: Upon which, there was a Hearing before the King and Council; and the King determined it for Crouch; and commanded him to go down, and act as Mayor.

That, thereupon, Crouch goes down; calls an Assembly; and, with the Consent of the Majority of the Freemen, makes several new Freemen; Six of which voted for the Petitioners.

That, after the Making of these new Freemen in Crouche's time, Mr. Tournay brought his Mandamus in the King's Bench; and was restored to his Office of Mayor; and then calls an Assembly, in which the said new Freemen, so made in Crouche's time, were disfranchised, as not being admitted according to Custom, there being no Mayor de jure at that Time: Afterwards, the said Mr. Tournay calls another Assembly, where the said new Freemen being, as aforesaid, excluded, he admitted, with the Consent of the Majority of the old Freemen, several others; whereof Nine voted for the Sitting Members.

That, as to one Grible, that voted for the Sitting Members, it was testified, That he was made free by his Father's Copy, though his Father was discharged by the Commissioners for regulating Corporations.

And that, as to others; viz. Thomas Tutty, and Sam. Jeke, senior, that voted for the Sitting Members; it was testified, That they were likewise discharged by the same Commissioners.

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, &c. That it is the Opinion of this Committee, That Thomas Grible, Thom. Tutty, and Sam. Jeke, senior, being discharged by the Commissioners appointed by the Act for regulating Corporations, have a Right to vote in electing Barons to serve in Parliament for the Port of Rye.

Resolved, That it is the Opinion of this Committee, That Sir John Austen is duly elected a Baron to serve in this present Parliament for the Port of Rye.

Resolved, That it is the Opinion of this Committee, That Sir John Dorrell is duly elected a Baron to serve in this present Parliament for the Port of Rye.

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 Thomas Grible, Thom. Tutty, and Sam. Jeke, senior, being discharged by the Commissioners appointed by the Act for regulating Corporations, have a Right to vote in electing Barons to serve in Parliament for the Port of Rye.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir John Austin is duly elected a Baron to serve in this present Parliament for the Port of Rye.

The Third Resolution being read a Second time;

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

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

New Radnor Election.

Mr. Gray also 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 Borough of New Radnor in the County of Radnor, 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 Robert Harly, Esquire, complaining of an undue Return and Election of Sir Rowland Gwyn for the Borough of New Radnor;

That the Question between the Petitioner, and Sitting Member was, concerning the Right of Election,

That the Petitioner insisted, That the Right of Election lay in the Burgesses of Radnor, Ryader, Knighton, Kuncklas, and Kevenlice only.

That the Sitting Member insisted, That Paines Castle, and Presteigne, had an equal Right in electing with the said other Towns.

That, as the Poll was taken, the Numbers, without Paines Castle and Pristeigne, were thus;

But that several others were excepted to by the Petitioner, and taken off from Sir Rowland Gwyn's Poll.

That, besides these, there were Forty-five of Presteigne, and Thirty-four of Paines Castle, that voted for Sir Rowl. Gwyn.

That, to prove that Paines Castle and Presteigne, had a Right to join in the Election, the Counsel insisted upon the Statute of 27 H. VIII. Cap. 26. that said, "The Burgesses Fee should be levied, as well of the Shire Towns, as all other ancient Boroughs within the same Shire:"

And the Record of a Return of Burgesses for New Radnor, wherein Presteigne and Norton were mentioned: But the Record was very much torn and obliterated.

And a Copy of a Record of an Indenture of Return 30° Car. II^di, said to be made between the Bailiff of the ancient Borough of Paines Castle, and Bailiffs of other Towns therein named:

But, that it was testified by John Williams, aged Sixtyfour Years, that had lived at Presteigne all his Time, and one other Witness, aged Eighty-two Years (who said, He had been Town Clerk of New Radnor Twenty Years), That they never knew any of Presteigne voted for Parliament Men.

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 New Radnor is in the Burgesses of Radnor, Ryader, Knighton, Knucklas, and Kevenlice only.

Resolved, That it is the Opinion of this Committee, That Sir Rowland Gwyn is not duly elected a Burgess to serve in this present Parliament for the Borough of New Radnor.

Resolved, That it is the Opinion of this Committee, That Rob. Harly, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of New Radnor.

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

Resolved, That this 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 New Radnor, is in the Burgesses of Radnor, Ryador, Knighton, Knucklas, and Kevenlice only.

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

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir Rowland Gwyn is not duly elected a Burgess to serve in this present Parliament for the Borough of New Radnor.

The Third Resolution being read the Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Robert Harley, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of New Radnor.

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, with the Return for the Borough of New Radnor, to amend the same.

Mitchell 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 Mitchell in the County of Cornwall, the State of the Case, as it appeared to the Committee: Which he delivered in at the Clerk's Table in Writing: Where the same was read; and is as followeth;

Upon the Petition of Humfry Courtney, Esquire, complaining of an undue Election and Return of Anthony Rowe, Esquire, for Mitchell;

That the Right of Election was agreed to be in the Lords of the Borough of Mitchell; who are liable to be chosen Portreves of the same; and in the Householders of the said Borough not receiving Alms.

And that the Numbers, upon the Poll, were thus;

But that, it was testified by Peter Staply, That as to Seven that polled for Mr. Rowe, they were not Housekeepers.

One of which only was justified by Mr. Rowe.

It was further testified, That this Election was managed by one John Atwell on the Part of Mr. Rowe; who had offered Six Pounds apiece to those that would vote for Mr. Rowe.

That Thomas Riccard testified, That he was present the Evening after the Election, when his Father, and Eleyen others, that voted for Mr. Rowe, received Five Pounds apiece, that is, Three Pounds Eighteen Shillings and Sixpence in Silver; and a Guinea, which was said to be for their Wives.

That John Soper said, he had Three Pounds Eighteen Shillings and Sixpence, and a Guinea for his Wife; and saw Richard Ewstace's Wife, and Roger Mancaroe's Daughter, received the like: And that this Money was paid the Morrow after the Election.

That John Atwell, being examined, said, What Money he paid was for Meat and Drink, and Tobacco; and many he had paid said, They were not yet satisfied; and that he promised no Money before the Election.

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 Anthony Rowe, Esquire, and his Agents, are guilty of Bribery, in his endeavouring to be elected a Burgess to serve in this present Parliament for the Borough of Mitchell.

Resolved, That it is the Opinion of this Committee, That Anthony Rowe, Esquire, is not duly elected a Burgess to serve in this present Parliament for the Borough of Mitchell.

Resolved, That it is the Opinion of this Committee, That Humfry Courtney, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Mitchell.

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

Resolved, That the House do agree with the Committee in the said Resolution, That Anthony Rowe, Esquire, and his Agents, are guilty of Bribery, in his endeavouring to be elected a Burgess to serve in this present Parliament for the Borough of Mitchell.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Anthony Rowe, Esquire, is not duly elected a Burgess to serve in this present Parliament for the Borough of Mitchell.

The Third Resolution being read a Second time;

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

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, with the Return for the Borough of Mitchell, to amend the same.

A Message from the Lords, by Sir Miles Cooke and Sir John Francklyn;

Earl of Salisbury's Estate.

Mr. Speaker, The Lords have passed a Bill, intituled, An Act for the limiting the Power of James now Earl of Salisbury, to cut off the Intail of his Estate; to which they desire the Concurrence of this House.

Preventing Fires at Marlbrough.

Also the Lords have agreed to the Bill, sent up to them from this House, intituled, An Act to prohibit the Covering of Houses, and other Buildings, with Thatch or Straw, in the Town of Marlbrough in the County of Wilts, without any Amendments.

And then the Messengers withdrew.

Earl of Torrington heard.

The House being informed, that the Earl of Torrington was in the Lobby of the House, according to the Order of Yesterday;

His Lordship was brought in to the House, by the Serjeant with the Mace, to a Chair, set for him within the Bar, on the Left hand of the House, as he came in:

And, having sit down thereon, for some time, covered; and the Mace being laid upon the Table; his Lordship arose, and stood at the Back of the Chair, uncovered; and was heard before the House.

After which his Lordship withdrew; the Mace attending him.

Committees.

Ordered, That all Committees be adjourned.

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