House of Commons Journal Volume 10: 22 December 1690

Lunæ, 22 die Decembris; 2° Gulielmi et Mariæ.

Prayers.

York Buildings Water Company.

MR. Bowyer reports from the Committee to whom the Bill for the better encouraging, carrying on, and settling the Waterworks in York Buildings, was committed, That they had agreed upon several Amendments to be made to the Bill; 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 were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Then a Proviso was offered to be added to the Bill, against the using of a Windmill or Chain Pump to the Annoyance of the Neighbourhood.

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.

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

Prideaux's Claim on Lord Jeffryes.

Ordered, That the Report from the Committee to whom the Bill for charging the Estate of the late Lord Jeffryes in the County of Leicester, with the Sum of Fourteen thousand Seven hundred and Sixty Pounds, with Interest, to Edmund Prideaux, Esquire, . . . . be further proceeded upon, and Counsel heard at the Bar touching the said Bill (as was formerly directed), upon Friday Morning next.

Aulnage Duty.

An ingrossed Bill for transferring the Duty and Subsidy of Aulnage to the Custom-house, was read the Third time.

And an Amendment being proposed to be made in Line 21, by leaving out the Word "or;" and, instead thereof, to insert "and;" the same was, upon the Question put thereupon, agreed unto by the House; and the Bill amended accordingly.

Resolved, That the Bill do pass: And that the Title be, An Act for transferring the Duty and Subsidy of Aulnage to the Custom-house.

Ordered, That Sir John Guise do carry the said Bill to the Lords; and desire their Concurrence thereunto.

London Orphans.

Ordered, That the ingrossed Bill from the Lords, intituled, An Act for erecting a Court of Inquiry, in order to the Relief of the distressed Orphans of the City of London, be read the Second time To-morrow Morning at Ten of the Clock.

Bridport 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 Bridport in the County of Dorsett, 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 John Manley, senior, Esquire, complaining of an undue Election and Return of Sir Stephen Evans, to serve for the Borough of Bridport;

That, upon the Poll, the Numbers were thus:

That the Question before the Committee was, Whether the Petitioner, or Sitting Member, had the Majority of qualified Voices; and, upon examining the Exceptions of both Sides, the Committee came to a Resolution: Which Mr. Grey read in his Place; and afterwards, delivered the same in at the Clerk's Table: Where it was read; and is as followeth;

Resolved, That it is the Opinion of this Committee, That Sir Stephen Evans is duly elected a Burgess to serve in this present Parliament for the Borough of Bridport.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir Stephen Evance is duly elected a Burgess to serve in this present Parliament for the Borough of Bridport.

Wareham Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Burgesses for the Borough of Wareham in the County of Dorsett, 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 Thom. Skinner, Esquire, complaining of an undue Election and Return of William Okeden, Esquire, to serve for the Borough of Wareham.

That the Right of Election was agreed, both by the Petitioner and Sitting Member, to be in all the Inhabitants of the Borough of Wareham, paying Scot and Lot, and in the Freeholders of the said Borough.

That, on the Behalf of the Petitioner, was called Wm. Combs: Who delivered in a Poll; which, he said he took for Mr. Skinner: Upon which the Numbers were thus;

That, on the Behalf of the Sitting Member, was called John Guy: Who said, he took the Poll by Direction of the Mayor.

Upon which the Numbers were thus;

That, upon this Poll, there were Queries put upon Nineteen Voices that voted for the Petitioner, and upon Five that voted for the Sitting Member: And Mr. Skynner refusing or neglecting to make good the Voices queried upon this Poll, the Mayor struck off the queried Voices on both Sides, and so the Sitting Member had the Majority of Voices.

That several Exceptions were taken to the Voices of both Sides; wherein the Witnesses contradicted one another: But that, upon the whole Matter, the Committee came to a Resolution: Which 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 William Okeden, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Wareham.

The said Resolution being read a Second time;

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

Berks Election.

Mr. Gray also 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 Berks, 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 a Petition of the Freeholders of the County of Berks, complaining of an undue Election and Return of Sir Henry Winchcombe to serve for the County of Berks;

That no Person appearing to make good the said Petition, the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That the said Petition be rejected.

Upon a Petition of Rich. Nevill, Esquire, complaining of an undue Election and Return of Sir Humphry Forster to serve for the same County;

That, upon examining the Matter of the said Petition, it appeared to the Committee upon the Poll, that there was

But that the Petitioner objected, That there was Nine that voted for the Petitioner, that were not set down in the Poll; and that Five others were not present, who are put down in the Poll for Sir Humphry Forster; and that, as to Twenty-seven others, who polled for Sir Humphry Forster, that they were not Freeholders.

That the Committee heard the Evidence, as to the Two First Objections made by the Petitioner: But, as to the Exception made against the Twenty-seven, as no Freeholders; That it being proved to the Committee, That all that were admitted to poll had taken an Oath before they polled, That they were Freeholders; and the Persons themselves not being present; the Committee came to a Resolution; viz.

That it is the Opinion of this Committee, That the Committee will not admit of a verbal Averment against an Oath given by the Sheriff to such Freeholders, they not being present.

And that the said Twenty-seven being allowed to the Sitting Member, the Sitting Member had the Majority of Voices.

And thereupon the Committee came to a further Resolution;

Resolved, That it is the Opinion of this Committee, That Sir Humphry Forster is duly elected a Knight to serve in this present Parliament for the County of Berks.

Which several Resolutions the said Mr. Gray read in his Place; and afterwards delivered them in at the Clerk's Table; where the same were once read throughout.

And 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 the said Petition be rejected.

The Second Resolution being read a Second time;

Resolved, That the Consideration of the said Resolution be postponed.

The Third Resolution being read a Second time.

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir Humphry Forster is duly elected a Knight to serve in this present Parliament for the County of Berks.

Devizes Election.

Mr. Gray also reports from the Committee of Privileges and Elections, to whom was referred the Matter touching the Election of Burgesses for the Borough of the Devizes in the County of Wilts, the State of the Case, as it appeared to the said Committee: The which he read in his Place; and afterwards delivered the same in at the Clerk's Table in Writing: Where the same was read; and is as followeth; viz.

Upon the Petition of John Methwen, Esquire, complaining of an undue Election of Sir Thomas Fowles, to serve for the Devizes;

That the Right of Election appeared to be in the free Burgesses of the Devizes: And there is in the Devizes a Mayor, Recorder, Twelve major Capital Burgesses, and Twenty-four minor Capital Burgesses, as they are called, which are of the Nature of a Common Council.

That Rich. Hope, on the Behalf of the Petitioner, was called: Who said, He was Clerk of the Court of Record there, in Nature of a Town Clerk, and took the Poll with the Consent of the Mayor: That, upon the Poll, the Numbers were thus:

That, on Behalf of the Sitting Member, was called Dauntsey Brouncker: who said he took the Poll by Order of Sir Thom. Fowles, and with the Consent of the Mayor: And that, upon his Poll, the Numbers were thus:

That afterwards Sir Tho. Fowles and Mr. Methwen came to the Mayor's; and agreed that the Poll should be scrutinied by Two of the Council, as they call it, and Two Gentlemen; and the not taking the Oaths appointed to be taken by the Officers before the First of August, was admitted to be a good Exception, Mr. Methwen being present, and not opposing it.

That, upon the Scrutiny, it appeared, That there were Nine of those that had voted for Mr. Methwen had not taken the Oaths, and Five others that voted for him who had not signed the Declaration of the Test: and that there were only Three of those who voted for Sir Thom. Fowles who had not taken the Oaths, and but one of them who voted for him who had not subscribed the said Declaration.

That Charles Danvers, Recorder of the said Borough, for Twenty Years past, said, That the new Burgesses used to take the Oath according to the 13 Car.; and if not, were put out; and also used to take the Test: And that particularly Sir John Isles, after he had taken the Oath of a Freeman, was put out for not taking of the other Oaths.

That John Bolles said, That after Thirty-six had polled for Mr. Methwen, and Twenty-three for Sir Thomas Fowles, the Town Clerk said there was an End of the Poll: But the Mayor told him that was not his Business: And thereupon there was a great Tumult: Upon which the Town Clerk did not go on: But afterwards there was Eight more polled for Sir Thom. Fowles.

Fran. Paratice, John Rogers, Fra. Paratice, junior, testified, The Recorder had declared his Opinion, That the free Burgesses were not obliged to take the Oaths.

But the Recorder himself denied, That ever he gave any such Opinion.

That Fran. Sadler said, The Recorder had ordered the Serjeant to go to all the free Burgesses; and acquaint them, They must come in and take the Oaths, or they would be put out: And

That Rich. Bundy said, The Quarter Sessions was adjourned several times for swearing free Burgesses.

That Paradice senior, said, The Five objected against for not subscribing the Declaration, had taken the Oaths, and paid their Money, and could not write; but desired their Hands might be put to the Declaration.

And that, upon the whole Matter, the Committee, came to a Resolution: Which 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.

Resolved, That it is the Opinion of this Committee, That Sir Tho. Fowles is duly elected a Burgess to serve in this present Parliament for the Borough of the Devizes.

The said 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 Fowles is duly elected a Burgess to serve in this present Parliament for the Borough of the Devizes;

The House divided.

So it passed in the Negative.

Resolved, That John Methwen, Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of the Devizes.

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, to amend the Return for the Borough of the Devizes, according to the said Resolution.

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

Upon the Petition of Fitton Gerrard, and Francis Lloyd, Esquires, complaining of an undue Election and Return of Thomas Hanmore and William Gowre, Esquires, to serve for the Borough of Ludlow;

That the Case was thus:

That the Borough of Ludlowe is a very ancient Corporation; and in Edward the Fourth's time, the said Borough is incorporated by the name of the Bailiffs, Burgesses, and Commonalty of Ludlow, with a Grant Burgensibus Villæ de Ludlow, to send Members to Parliament.

That this Corporation being served with a Quo Warranto, did, on the 27 Octobris 36° Car. II^di, by Deed under their Common Seal, make a Surrender of their Franchise, Rich. Cole, and Rowland Ersley, being then Bailiffs. On Twenty-eighth October is the Time for Electing Bailiffs in the said Borough, and John Bowdler and Geo. Houghter were then elected and sworn Bailiffs: This Surrender was afterwards, viz. Fifth November following, acknowledged before Sir Miles Cooke, a Master in Chancery, and inrolled as of that Day.

That afterwards, the late King James, in the First Year of his Reign, granted to the said Borough a Charter; and constitutes a Mayor; and therein names their first Officers; and appoints the Election of Officers, and particularly of Burgesses to Parliament, to be by Twelve Aldermen, and Twelve Capital Burgesses: In the said Charter there is reserved to the said King, a Power, by any Order or Direction signified to the Lord President of the Council of Wales, to remove any of the Officers named in the Charter, or thereafter to be elected, and so often as the Lord President, upon such Order or Direction, should declare such Officers to be removed, they should be ipso facto removed accordingly.

In Execution of this Power, King James, by Writing under his Sign Manual, bearing Date Eleventh November 1688, did require the Lord President to remove and displace all the Officers that so the then Corporation might be dissolved: One Smallman, with other Members of the ancient Corporation, carried this Writing to the Duke of Beaufort, then Lord President.

That Smallman said, The Duke of Beaufort then delivered them a Letter, directed to Sir Job Charleton, then Recorder of Ludlow; which the said Duke said, would do their Business; In this Letter was inclosed, as they perceived, some Paper with a Seal; but the Paper was not shewed to them: That they delivered this Letter to Sir Job Charleton; but he refused to open the Letter before them, nor did proceed to act any thing in the dissolving the said Corporation: But afterwards Sir Job asked him, why he would destroy a Mayor Corporation: That afterwards he, with some others, went again to the Duke of Beaufort; and thereupon the Duke, by a Writing under his Hand and Seal, bearing Date Tenth December 1688, which was produced to this Committee, taking Notice of the said Order and Direction of King James under his Sign Manual, did actually, in Obedience to the same, remove and displace the said Officers.

That it also appeared to the Committee, That the old Bailiffs had returned the Members to this House in the Convention.

That the Precept upon this Election was directed to Francis Charleton, Esquire, Mayor of Ludlow, who is Mayor under King James's Charter; and the Election and Poll was ordered by the Mayor: But it was agreed upon, by the Poll so taken by the Mayor, The Sitting Members had the Majority of the old and new Burgesses, made as well before as after King James's Charter.

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 New Charter granted to the Town of Ludlowe, by the late King James, whereby the ancient Method of electing Burgesses for Parliament is altered, is illegal and void.

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

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

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

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

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 the new Charter granted to the Town of Ludlowe by the late King James, whereby the ancient method of electing Burgesses for Parliament is altered, is illegal and void.

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

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

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

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

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

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

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

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

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ for the Electing of Burgesses to serve in this present Parliament for the Borough of Ludlow.

Wooton Basset 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 Wooten Basset in the County of Wilts, 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 Thomas Webb, Esquire, complaining of an undue Election and Return of Henry St. John, Esquire, to serve for Wooton Bassett;

That on behalf of the Petitioner, was called

Charles Brinsden: Who said, He took the Poll at the Election, at the Request of the Petitioner: And, upon his Poll, the Numbers were thus;

And, it being suggested to the Committee, many of the Petitioner's Votes were obtained by Bribery, the Committee were of Opinion, That if any bribing of Votes could be proved, the Counsel of both Sides should apply themselves first to that Matter.

That, thereupon, for the Sitting Member, was called

John Wilkins: Who testified, That Mr. Knighton, who was an Agent, with Two others, for the Petitioner, had told him, that he was very much engaged for the Petitioner; and desired him the said Mr. Wilkins to make a Bond to indemnify him and the Two other Agents: And accordingly he did make a Bond, wherein young Mr. Webb and his Father were bound to indemnify the said Agents: That he did not see the Bond sealed: But Mr. Knighton told him afterwards, It was sealed: And that Mr. Knighton told him that he paid Thirty Shillings and Half a Crown to all the Petitioner's Voters, except Eight: That Weston, the Petitioner's Man, carried a Bag of Money through the Town upon his Shoulders, with a Pair of Bag-pipes playing before him.

That Thomas Parsons, Charles Maslyn, Gabriell Robyns, said, That they were promised Thirty Shillings and Half a Crown to vote for the Petitioner; and accordingly voted; and received their Money at Knighton's House.

That on the Behalf of the Petitioner they produced a Paper, as signed by Parsons, importing a Receipt for One Pound Twelve Shillings Six-pence for Meat and Drink for the Voters: But Parsons himself said He could neither write nor read; and denied, that he ever put his Mark to that Paper, or expended any Meat or Drink for the Voters.

That they also produced another Paper, as signed by Parsons, whereby he had declared, That the Mayor had offered him, and Two others, Thirty Shillings apiece, not to give their Votes for Mr. Webb.

That Parsons denied also, He put his Mark to the Paper: But it was proved by Brindsden.

That Weston said, That, the Night before the Witnesses were to go to London, Parsons said, That some of Mr. St. John's Agents would give Ten Pounds to go to London to swear Bribery: But the said Parsons did not name any Agents.

And that, upon the whole Matter, the Committee came to a Resolution: Which 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 Henry St. John, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Wooton Basset.

The said Resolution being read a Second time;

Resolved, That this House doth agree . . . . . in the said Resolution, That Henry St. John, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Wooton Bassett.

Ordered, That John Knighton, one of the Aldermen of the Borough of Wooton Basset in the County of Wilts, be taken into the Custody of the Serjeant at Arms attending this House; for his Distributing of Bribes to the Electors of the said Borough, at the Election of Burgesses to serve in this present Parliament for the said Borough.

Determining Elections.

Ordered, That the Report from the Committee to whom the Bill for the speedier Determining of Elections of Members to serve in Parliament, was committed, be made upon Wednesday Morning next.

Commissioners of Accompts.

Sir Wm. Whitlocke reports from the Committee of the whole House, to whom the Bill for appointing and enabling Commissioners to take the publick Accompts, was committed, That they had left Blanks for the Commissioners Names to be filled up by the House: And that they had agreed upon several Amendments to be made to the Bill: 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 Table: Where the same were once read throughout; and then a Second time, one by one: And the same, with some Amendments made thereunto, were, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That every Member of the House do prepare a List, in Paper, of Nine Persons, whom he shall think fit to be Commissioners in the said Bill, and put the same open into a Glass at the Table, upon Wednesday Morning next, by Eleven a Clock.

Ordered, That the Bill, with the Amendments, be ingrossed; leaving a Blank for the Commissioners Names.

Supply Bill; Excise.

Mr. Solicitor General presents to the House a Bill for doubling the additional Duty of Excise upon Beer, Ale, and other Liquors, mentioned in an Act of the First Year of their Majesties Reign, intituled, An Act for an additional Duty of Excise upon Beer, Ale, and other Liquors, to begin from the Time the Act for doubling the Duty of Excise upon Beer, Ale, and other Liquors, during the Space of One Year, doth expire, was presented to the House.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

The King's Speech to be considered.

Then the Order for the House, to take into Consideration his Majesty's Gracious Speech on Saturday last to both Houses of Parliament, being read;

Resolved, That this House will, To-morrow Morning at Ten of the Clock, take into Consideration his Majesty's said Gracious Speech; and nothing to intervene.

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