House of Commons Journal Volume 10: 28 November 1690

Veneris, 28 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, on certain Trustees, to be sold for Payment of Debts, was read a Second time.

Resolved, That the Bill be committed to Mr. Brewer, Mr. Cooke, Sir John Manwairing, Sir Wm. Poultney, Sir Rob. Davers, Sir Hen. Gough, Mr. Perry, Mr. England, Mr. Bickerstaffe, Mr. Fenwick, Mr. Leving, Mr. Norreys, Sir Rob. Cotton, Mr. Burdett, Mr. Biddulph, Mr. Parker, Marquis Winchester, Mr. Papillion, Mr. Hedges, Sir Roger Puleston, Sir John Guise, and all the Members that serve for the Counties of Chester and Lancaster: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Sheafe's Estate.

A Bill to enable Thomas Sheafe to sell some Lands for Payment of Debts, and making-Provision for his Wife, according to an Agreement, was read the Second time.

Resolved, That the Bill be committed to Sir John Guise, Sir Tho. Travell, Sir Thomas Lee, Mr. Arnold, Marquis Winchester, Sir Edw. Hussey, Mr. Hawtry, Mr. Christie, Mr. Russell, Sir Cha. Windham, Mr. Freke, Sir Rob. Nappier, Sir Rob. Davers, Sir Sam. Bernadiston, Sir Tho. Mompesson, Sir Rob. Rich, Sir Henry Goodrick, Mr. Buscawen, Mr. Cooke, Colonel Kirby, Mr. Biddolph, Mr. Papillion, Mr. Fenwick, Sir Edw. Hussey, Mr. Hedger, Sir Wm. Poultney, Major Vincent, Sir Tho. Darcy: And they are to meet this Afternoon, at Four a Clock, in the Speaker's Chamber.

Preserving Timber.

A Bill for the better preserving the Ship Timber in all the Forests in England, was, according to Order, presented to the House; and received.

Hackney Coaches.

A Bill for regulating and licensing Hackney Coaches, was read the First time.

And also another Bill for regulating and licensing Hackney Coaches, and for Enlarging of several strait and inconvenient Streets and Passages, was read the First time.

Ordered, That the Bills be read a Second time.

Aulnage Duty.

A Bill for transferring the Duty of Aulnage to the Custom-house, was presented to the House, according to Order; and received.

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

French Bay Salt.

Ordered, That the Report from the Committee to whom the Bill for Preservation of French Bay Salt, taken as Prize, from being destroyed, was committed, be made upon Monday Morning next.

Cardigan Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Knights of the Shire to serve in this present Parliament for the County of Cardigan, 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; viz.

Upon the Petition of John Vaughan, Esquire, complaining of an undue Election and Return of Sir Carbury Price to serve as a Knight of the Shire for the County of Cardigan;

That the Question was, Whether the Poll was duly adjourned from Aberitswith to Cardigan.

That, upon the Poll, the Numbers were thus;

That there is an Act of Parliament 1° Mariæ, that says, That the Sheriff's Turn shall be kept at Cardigan and Aberitswith, alternis vicibus. And This time the Turn was to be kept at Aberystwith.

That the Sheriff came down the Ninth March; was not sworn till Eleventh; and the Election was the Nineteenth of the same March.

That, the Sheriff, some time before the Election, declared, The Turn was to be kept at Aberystwith; but for the Ease of the Country he would adjourn to Cardigan.

That, for the Petitioner, was called Marmaduke Williams: Who testified, That the Sheriff declared all the Voters should be polled at Aberystwith, before he had adjourned to Cardigan: That the Election began Nineteenth March; when the Voters were called by several Lists, and some were polled on both Sides: And that the Sheriff then adjourned to next Day; and promised Mr. Vaughan his List should be called first: That the next Day the Under Sheriff came, and began with Sir Carbury Price's List.

That afterwards, Mr. Vaughan delivered in a List of One hundred and Fifty Freeholders, of which there was only Twenty-four polled: And then the Under Sheriff said, "Adjourn to Two at Cardigan;" and so adjourned to Cardigan without further Proceeding in That List; though he believes there were several Hundreds ready to poll for Mr. Vaughan; and many cried out to be polled.

That John Jones testified, to the like Effect, the Surprize in the Adjournment; and said besides the Ninetyone polled for Mr. Vaughan, he knew of Two hundred and Seventy-three Freeholders more ready to poll for Mr. Vaughan at Aberystwith.

That John Haberley testified, Besides the Ninety-one polled for Mr. Vaughan, and the Two hundred and Seventy-three spoken of by Jones, he knew Forty-nine other Freeholders in Town, ready to poll for Mr. Vaughan.

That Rice Vaughan said, There were Four hundred and Eighty-five Freeholders that would have voted for Mr. Vaughan, whereof Three hundred and Ninety-four did not poll.

That, on the Behalf of Sir Carbury Price, was called; Wm. Powell, who said he believed, There was One hundred unpolled for Sir Carbury Price at the Time of the Adjournment; which was Twentieth March, Twelve a Clock: That the Reason the Sheriff gave for the Adjournment was, because he was advised, that That being the Day of the Return of the Writ, he could not adjourn after Twelve a Clock: That there was a Proclamation; but whether before or after the Adjournment, could not be positive.

That David Lloyd testified, There was a Proclamation before the Adjournment: That, when they came from Aberystwith, he believes there were One hundred to poll for Sir Carbury Price: And that they were fain to get Boats, because they could not have Horses enough.

That another David Lloyd testified, That the Sheriff came at the Time of the Adjournment to Cardigan; and, upon Notice, that Mr. Vaughan would come to Cardigan, stayed an Hour or two expecting him: That Sir Carbury, he believes, had One hundred came with him from Aberystwith; and might have had Three hundred more about Cardigan.

That Erasmus Davis testified, The Sheriff, some time before the Election, had ordered Proclamation to be made in the Market Towns of the designed Adjournment from Aberystwith to Cardigan; and he heard Proclamation made accordingly at Lampeter.

That Geo. Powell testified, Several Houses were taken up at Cardigan upon the Account of Mr. Vaughan: But that Mr. Vaughan never came to Cardigan, nor polled any there: That Sir Carbury Price polled there Thirty-seven.

And 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 Adjournment of the Poll, taken at the Election of a Knight of the Shire for the County of Cardigan, by the Sheriff of the said County, from Aberystwith to Cardigan, is a legal and good Adjournment.

Resolved, That it is the Opinion of this Committee, That Sir Carbury Price, Baronet, is duly elected a Knight to serve in this present Parliament for the County of Cardigan.

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

And the Question being put, That the House do agree with the Committee in the said Resolution, That the Adjournment of the Poll taken at the Election of a Knight of the Shire for the County of Cardigan, by the High Sheriff of the said County, from Aberystwith to Cardigan, is a legal and good Adjournment;

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 in the said Resolution, That Sir Carbury Price, Baronet, is duly elected a Knight to serve in this present Parliament for the County of Cardigan;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Chester Election.

Ordered, That the Report from the Committee of Privileges and Elections, touching the Election of Citizens to serve in this present Parliament for the City of Chester, be made upon Tuesday Morning next.

Earl of Salisbury's Estate.

Then, according to the Order of the Day, the Counsel of the Earl of Salisbury were called in; and also the Counsel of Mr. Robert Cecil, his Brother; and both heard touching the ingrossed Bill from the Lords, intituled, An Act for limiting the Power of James now Earl of Salisbury, to cut off the Intail of his Estate.

And the Counsel being withdrawn;

The Bill was read the Second time: And also a Petition of Samuel Heming, Gentleman, and John Heming, Apothecary, was, according to Order, read; setting forth, That the Petitioners in May 1680, paid to James late Earl of Salisbury, deceased, for a Term of Forty-one Years, of a House and Ground in St. Martin's Lane, and had Five Leases made thereof for One-and-twenty Years, reserving the agreed Rent of Forty Pounds per Annum thereon; and have built on the Premises, and laid out Three Thousand Pounds on the same; and there still remains Thirty Years and a half of the One-and-forty Years: And, for that the present Earl cannot make good his Father's Agreement, and make the Petitioners Leases for Thirty Years and a half, by reason of a Settlement, without a Recovery; against his doing whereof there is an Act before this House, which will restrain him; and, in case the said Leases be not made, and the Petitioners admitted to enjoy the Premises, it will be to their utter Ruin; and praying, That a Proviso may be inserted in the said Bill, whereby the Earl may be enabled to make the Petitioners Lease for Thirty Years and an half.

Resolved, That the Bill be committed to Mr. Boscawen, Sir Tho. Pope Blunt, Mr. Dalben, Mr. Cary, Mr. Chadwick, Sir Christopher Musgrave, Mr. Christie, Sir Wm. Poultney, Mr. Waller, Sir Rich. Temple, Mr. Hawtry, Serjeant Blincoe, Mr. Harbord, Lord Falkland, Mr.Glemham, Captain Pitts, Mr. Hutchinson, Sir Wm. Leveson Gower, Sir Scrope How, Mr. Ash, Lord Colchester, Sir James Long, Sir Jacob Ashley, Mr. Cha. Mountague, Colonel Granvile, Sir John Austen, Sir Tho. Samwell, Lord Sherrard, Mr. Hopkins, Mr. Greenfeild, Sir Tho. Clarges, Mr. Mansell, Sir Wm. Forrester, Sir Tho. Travell, Mr. Howe, Colonel Austen, Sir Rob. Sawyer, Mr. Travers, Sir Math. Andrewes, Sir Phil. Skippon, Sir Jervas Elwes, Mr. Burrard, Mr. England, Mr. Arnold, Mr. Papillion, Sir Rob. Clayton, Mr. Beare, Sir Rob. Rich, Mr. Clerke, Mr. Thornhaugh, Mr. Gray, Sir Gilbert Clerke, Mr. Howard, Sir Walter Young, and all the Members that serve for the County of Hertford: And they are to meet this Afternoon at Five of the Clock, in the Speaker's Chamber: And it is to be an Instruction to the Committee, That they do take care to provide by the said Bill, That, where the Honour shall fall to a Protestant Heir, the Estate be preserved for the Benefit of such Protestant Heir.

Ordered, That the Consideration of the said Petition be referred to the Committee to whom the said Bill is committed.

Wye and Lugg Navigation.

Ordered, That Sir John Guise, Lord Falkland, Mr. Bickerstaffe, Sir Sam. Bernadiston, Sir Ralph Dutton, Mr. Courtney, Mr. Harbord, Mr. Buscawen, be added to the Committee to whom the Bill for the more effectual making the Rivers of Wye and Lugg navigable, is committed.

Clandestine Marriages.

Ordered, That Sir Rob. Clayton, Sir Rob. Dashwood, Sir Sam. Dashwood, be added to the Committee to whom the Bill for preventing clandestine Marriages, is committed.

Prideaux's Claim on Lord Jeffryes.

Ordered, That Mr. Goldwell, Sir Wm. Drake, Mr. Bockland, Serjeant Blincoe, be added to the Committee to whom the Bill for charging the Estate of the late Lord Jeffryes with Fourteen thousand Seven hundred and Sixty Pounds, and Interest, to Edmund Prideaux, Esquire, is committed.

Knowles' Petition.

Ordered, That Sir Math. Andrewes be added to the Committee to whom the Consideration of Knowles is referred.

Committees.

Ordered, That all Committees be revived.

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