House of Commons Journal Volume 10: 2 December 1690

Martis, 2 die Decembris; 2° Gulielmi et Mariæ.

Prayers.

Serle's Estate.

AN ingrossed Bill from the Lords, intituled, An Act for selling the Estate of Henry Serle, Esquire, deceased, was read the Second time.

Resolved, That the Bill be committed to Sir Christopher Musgrave, Sir Cha. Windham, Sir Fra. Blake, Mr. John Chetwyn, Sir Tho. Hussey, Mr. Freke, Mr. Boscowen, Mr. Elliott, Sir Tho. Darcy, Sir Tho. Littleton, Mr. Hawtry, Mr. Lampton, Mr. Christie, Mr. Vincent, Mr. Brewer, Sir John Dorrell, Major Vincent, Mr. Hutchinson, Mr. Freeman, Sir Rob. Edon, Mr. Piggott, Sir Cha. Bloys, Sir John Guise, Mr. Bowyer, Sir Jam. Long, Sir Rob. Davers, Mr. Pollexfen, Mr. Slater, Mr. Fenwick, Mr. Courtney, Mr. Price, Sir Wm. Poultney, Colonel Trelawny, Mr. Travers: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Ditto.

A Petition of Eliz. Williams, and Sir John Bramston, and others, was read; setting forth, that there having a Bill passed the Lords for the Sale of the Estate of Henry Serle, Esquire; wherein all the Petitioners are highly concerned, and may be, if no Continuance be made of the Charge upon the Lands, as charged by Sir John Birkenhead, and Security for the Petitioners, and others, as Creditors: And praying, That a Provision may be made for them; and that they may have Time to make appear what they have suggested in their Petition.

Ordered, That the Consideration of the said Petition be referred to the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for selling the Estate of Henry Serle, Esquire, deceased, is committed.

Scroope's Estate.

Mr. Travers reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for vesting divers Lands in Trustees, to be sold for the Payment of certain Debts of St. Leger Scroope, Esquire, deceased, was committed, That the Committee had agreed to the said Bill, without any Amendments.

Bagnall's Estate.

Sir Robert Cotton reports from the Committee to whom the Bill for barring the Remainder to Dudley Bagnall, Esquire, in the Estate of Nicholas Bagnall, Esquire, in Ireland, was committed, That the Committee had considered of the Bill, and the Petition of Sir Jervas Clifton; and that they did not conceive there ought to be any Saving for him: And that therefore they had agreed unto the said Bill, without any Amendments.

Ordered, That the Bill be ingrossed.

Cooke's Estate.

Sir Robert Davers reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for the enabling Trustees to sell certain Lands of Richard Cooke, Esquire, deceased, to pay Debts, and to raise a Portion for his Daughter, was committed, That the Committee had agreed unto an Amendment to be made thereunto: Which they had directed him to report to the House: And which he read in his Place, with the Coherence; and afterwards, delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Press 6. Line 8. leave out "Eighteen;" and, instead thereof, insert "Three-and-twentieth."

And the said Amendment being read a Second time; the same was, upon the Question put thereupon, agreed unto by the House.

Vexatious Suits for acting in defence of the Kingdom.

Ordered, That the ingrossed Bill from the Lords, intituled, An Act for preventing vexatious Suits against such as acted for their Majesties Service, in Defence of the Kingdom, be read To-morrow Morning at Eleven of the Clock.

Manwareing's Estate.

Mr. Brewer reports from the Committee to whom the Bill for vesting the Freehold and Inheritance of certain Lands, in the County of Chester; of Thomas Manwareing, Gentleman, in Trustees, to be sold for Payment of Debts, was committed, That the Committee had agreed to an Amendment, to be made thereunto: Which they had 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 was twice read; and agreed unto by the House.

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

Coal Trade.

Sir Wm. Poultney reports from the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for reviving a former Act for regulating the Measures and Prices of Coals, was committed; that they had agreed unto the said Bill, with a Clause: Which they had directed him to report to the House: And which he read in his Place; and afterwards, delivered in at the Clerk's Table: Where the same was twice read; and, with some Amendments made by the House, was agreed unto to be made Part of the Bill; and is as followeth; viz.

"Aud whereas by an Act made in the Twelfth Year of the Reign of King Charles the Second, intituled, An Act for Encouraging and Increasing of Shipping and Navigation, it is, among other Things, provided, That no Goods, or Merchandizes, shall be loaden and carried from one Part of England to another, in any Ship or Vessel whatsoever, whereof Three Fourths of the Mariners, at least, shall not be English, under the Penalty of forfeiting all such Goods as shall be loaden, or carried, in any such Ship or Vessel, together with the Ship or Vessel, and all her Guns, Ammunition, Tackle, Furniture, and Apparel: Now, forasmuch as the high Price of Coals arises chiefly from the Want of Seamen to supply that Navigation, while so many are employed in their Majesties Service: Be it Enacted, by the Authority aforesaid, That so much only of this last-mentioned Act, as concerns the Number and Proportion of foreign Seamen, thereby limited to sail in English Ships shall be dispensed with; and is hereby thus far dispensed with, so as it shall and may be lawful for the Owner or Owners of any Ship or Vessel, English built, and belonging to the Subjects of England, whereof the Master is an Englishman, trading with Coals to and from Newcastle, or the Parts adjacent, or any Part of Wales, to the Port of London, or to any other Part of England, to navigate the said Ship or Vessel with as many foreign Seamen as the said Master or Owner shall think fit; during the present War with France, and no longer; any thing in the said Act contained to the contrary notwithstanding.

Preserving Timber.

Ordered, That the Bill for the better preserving the Ship Timber in all the Forests in England, be read To-morrow Morning at Nine a Clock.

Coal Trade.

A Petition of the Brewers, and many others of the Inhabitants of the Cities of London and Westminster, was read; setting forth, by reason of the Price of Coals, they are much discouraged in their respective Trades, and the Poor in danger of perishing for want of Firing; and that some Persons, if encouraged, are willing to make a Bank of Coals within the said Cities, and insure the Traders to Newcastle, not only against Pirates, but the Danger of the Sea; that the Price of Coals may be as is usual in Time of Peace: And praying, That the said Undertakers may be encouraged in so good and useful a Work, by such Privileges to be granted to them, as may enable them to secure the said Trade, pay the Insurance, and other Losses and Charges thereof, by a Bill to be brought in to this House, for that Purpose.

Ordered, That the Consideration of the said Petition be referred to the Committee to whom the ingrossed Bill from the Lords, intituled, An Act for reviving a former Act for regulating the Measures and Prices of Coals, was committed; and to report their Opinions therein to the House: And that Lord Sherrard, Sir Math. Andrews, Sir Cha. Sidley, Mr. Burrard, Mr. Perry, Mr. Bale, Mr. Lampton, Sir Ralph Carre, Mr. Bowyer, Sir Christopher Musgrave, Sir John Barker, Mr. Davenant, Mr. Buscawen, Mr. Arnold, be added to the said Committee: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Scruples to Manner of Swearing.

A Message from the Lords by Sir Miles Cooke and Mr. Keck;

Mr. Speaker, The Lords have passed a Bill, intituled, An Act to prevent the Obstructions of Justice, and other Inconveniencies occasioned by several of their Majesties Subjects scrupling to swear in the Form and Manner now used: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Insolvent Debtors.

Ordered, That the Bill for Relief of poor Prisoners, be read To-morrow Morning.

Southwarke Court of Conscience.

Ordered, That the ingrossed Bill for erecting a Court of Conscience for the Borough of Southwarke, and other Places within the weekly Bills of Mortality, in the County of Surrey, be read the Third time To-morrow Morning.

Attainting Persons in Rebellion.

Sir Rich. Reignolds reports from the Committee appointed to prepare and bring in a Bill for attainting the Persons that are, or have been, in Rebellion in England, or Ireland, and for confiscating their Estates towards the bearing the Charge of the War, That they had prepared the Bill accordingly: Which he presented to the House: And the same was received.

The said Bill was read the First time.

Resolved, That the Bill be read a Second time Tomorrow Morning.

Chester Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Citizens to serve in this present Parliament for the City of Chester, 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 Roger Whitley, Esquire, and George Manwairing, Alderman of Chester, against the Return of Sir Thomas Grosvenor, Baronet, and Richard Leving, Esquire, to serve in this present Parliament for the City of Chester;

That the Poll was thus; viz.

That the Right of Election lies in the Freemen of Chester.

On the Behalf of the Petitioners were called,

David Perry: Who said, One hundred and Twentyfive were made free after the Teste of the Writ; whereof Ninety-one voted for the Sitting Members, and Twentythree, or Twenty-five, voted for Mr. Whitley, and Twentytwo voted for Mr. Mainwairing: Of the Number that was so made Free, was one Selby, an Apprentice to one Waltham; and Sixteen others, that were Minors.

That Bryan Bollard, testified, That there are in Chester several Almsmen, who wear Badges, and have Four Pounds a Year for their Lives; whereof Five voted for the Petitioners, Eight for the Sitting Members: And that his Son told him, he had Ten Shillings to make him free: That on the Eighteenth March, he apprehended the Poll was only adjourned; for that Sheriff Batho' said, he adjourned it: And the next Day Eighteen Freemen came to vote for the Petitioners, and were refused.

That Street, a Witness, testified, That he was present when the new Freemen were made; and took notice of it to the Petitioners, and advised them to get some made free for them: But they denied it upon the Case of Dartmouth.

That several Masters complained their Apprentices were made free contrary to their Knowledge: That Two (as he was told) had Twelve Shillings apiece to vote for the Sitting Member: But confessed, himself was made free, when a Minor.

That Richard Cooper said, he went with Three Men to the Bear, where Sir Thomas Grosvenour came to them: And they told Sir Thomas Grosvenour, That they had a mind to be made free; but wanted Money: And he bid them go to Mr. Johnson, and let him look over their Indentures: And that if their Indentures were right, they should have Money: And that Mr. Johnson approved of their Indentures: And they told him they had Money, but he did not see them receive it: That Mr. Johnson voted for Sir Thomas Grosvenour: And Sir Thomas lodged in his House. That John Orme said, He received of Johnson, and one Bennet, Twelve or Thirteen Shillings to make him free, and vote for Sir Thomas Grosvenour, and the other Sitting Member Richard Leving, Esquire.

That Sam. Davis said, he received of Johnson and Bennett Thirty-two Shillings, to make him free and vote for the Sitting Members.

And both Orme and Davis said, If they had not received that Money, they would have voted for the Petitioners.

That, on Behalf of the Sitting Members, were called, Thomas Wilcox: Who said, he had known all Elections since the Restauration; and that a Son of a Freeman may demand his Freedom, when capable of taking the Oath of Allegiance; viz. at Sixteen Years of Age; and that an Apprentice has Right to his Freedom, if he comes out of his Time before he is of Twenty-one Years of Age.

That Skelham said, He was Mayor at the Time of the Election; and has known the several Elections since the Restauration; and never knew any Freeman of Chester young or old, rich or poor, denied his Vote: That those who were made free, were either free born, or claimed by Service; and that none were ever put by their Freedom, that were capable of taking an Oath: That the aforesaid Almsmen were never refused their Votes: That Alderman Strect was active to bring Aspersions on Sir Tho. Grosvenor, on purpose to keep him off from being a Parliament Man.

That Wm. Wilson testified, That the aforesaid Almsmen always voted; and that Minors, if free, always polled.

That Mr. Sheriff Partington managed the Poll with the Consent of the other Sheriff Batho', and made Two Proclamations before the closing the Poll; and then closed the Poll the Eighteenth March: That next Morning the Books were cast up publickly; and the Sitting Members declared to be elected.

That Rich. Hockinghull testified, That he saw all the Proceedings; and he thought it a fair Election: That the Books were sealed up in the Presence of Mr. Sheriff Batho: And that it was said Mr. Johnson was a Tenant to one of the Petitioners.

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 Sir Thomas Grosvenor, Baronet, is duly elected a Citizen to serve in this present Parliament for the City of Chester.

Resolved, That it is the Opinion of this Committee, That Richard Leving, Esquire, is duly elected a Citizen to serve in this present Parliament for the City of Chester.

The First 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 Thomas Grosvenor, Baronet, is duly elected a Citizen to serve in this present Parliament for the City of Chester;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Richard Leving, Esquire, is duly elected a Citizen to serve in this present Parliament for the City of Chester.

London Corporation.

A Petition of the Members of the Common Council of the City of London, thereunto subscribing, was presented to the House.

And the Question being put, That the Petition be received, and read;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Then the Petition was read; setting forth, That the Petitioners conceived and hoped, that the late Act of Parliament for the reversing the Judgment in the Quo Warranto, against the said City, would have restored it to its ancient Rights and Privileges: But the contrary happening, the Petitioners beg leave to represent to the House, That; notwithstanding the said Act, several Aldermen of the City, made or elected by virtue of Commissions or Charters from the late King James, act still as Aldermen, under Pretence, that, by some doubtful Expressions in the Act, they are continued, as well as ministerial Officers: That by colour of their assumed Authority, and illegal Proceedings, Sir Tho. Pilkington was by them declared and made Mayor, though not duly returned by the Common Hall, according to the Usage of the City: That by the Contrivance of the said Mayor and Aldermen, Mr. Leonard Robinson is imposed on the Petitioners as Chamberlain of the City; notwithstanding another Person was duly elected and declared by the Sheriffs, and the Hall thereupon dissolved: That divers Members of our Common Council are illegally excluded; and others, duly elected, refused their Admittance: That the Place of Town Clerk having been vacant Three Months, and upwards, an Office of great Trust in this City, and only eligible by and in Common Council; the said Mayor and Aldermen have, of their own Authority, appointed several Persons to the Execution thereof, against the Consent of the Common Council, against the Constant known Rights of the Petitioners: That the Petitioners have not been suffered to meet and consult about the necessary affairs of the City, according to their ancient Rights and Customs: That a Common Council being summoned and assembled the Third October, many Debates arising concerning the Premises; and several Motions being made, and the Majority of the Common Council agreeing, That, for settling the Rights of the City, an humble Address should be made to this honourable House, to explain the said Act; and thereupon the Question being desired to be put; the said Mayor refused it, and, to prevent any such Application, immediately dissolved the Court, and went away: And the Petitioners having, by these evil Practices; all their ancient Rights and Privileges invaded; and neither Mayor, Court of Aldermen, Sheriffs, Chamberlain, Common Council, or Town Clerk, as of Right they ought to have, and praying Relief in the Premises.

Ordered, That the Lord Mayor and Aldermen of the City of London have a Copy of the said Petition: And that they be heard by themselves, and their Counsel, at the Bar of this House, on Monday Morning next, touching the Matter of the said Petition: And that the Petitioners be then also heard by themselves, and their Counsel, to make out the Matter complained of in the said Petition.

Members not to depart without Leave.

Ordered, That no Member of this House do depart the Service of the House, without Leave first had for the same.

Trade with France.

Ordered, That Major Vincent, and Mr. Hen. Vincent, be added to the Committee to whom the Bill for the more effectual putting in Execution the Act for prohibiting all Trade and Commerce with France, is committed.

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