House of Commons Journal Volume 11: 7 February 1694

Mercurii, 7 die Februarii;

5° Gulielmi et Mariæ.

Prayers.

Mildmay's Estate.

MR. Harley reported from the Committee, to whom the Bill to vest the Estate of Mary, Elizabeth, Arabella, Lucy, and Ann Mildmay, in Trustees, to be sold for Satisfaction of Mortgages and Debts thereupon, and preserving the Overplus for their Benefit, was committed, That they had made several Amendments 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.

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

Irish Forfeitures.

A Petition of the Lord Viscount Fitz-Williams of Marion, Colonel Thomas Dungan, and Colonel Thomas Pursell, on behalf of themselves and others, relating to the Bill for vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War, was presented to the House.

And the Question being put, That the Petition be now read;

It passed in the Negative.

Disfranchising Stockbridge Borough.

A Bill to disable the Borough of Stockbridge, in the County of Southamptom, from sending Burgesses to serve in Parliament for the future, was read the Second time.

Resolved, That the Bill be committed to Mr. John Smith, Sir Jacob Ashley, Sir Edward Seymour, Mr. Slater, Sir Robert Davers, Mr. Boscawen, Mr. Godolphin, Sir Rich. Onslow, Mr. Chetwynd, Mr. Blofield, Mr. How, Mr. Bowyer, Sir Fra. Guibon, Mr. Bulkly, Mr. Brewer, Mr. Lutterell, Mr. Harley, Mr. Neale, Sir Wm. York, Mr. Christie, Mr. Herbert, Mr. Etterick, Colonel Titus, Mr. Trye, Mr. R. How, Mr. Bickerstaffe, Mr. Cook, Mr. Ogle, Mr. Randall, Sir Tho. Haslerigg, Mr. Fleming, Mr. Clark, Mr. Biddulph, Mr. Simon Smith, Sir Wm. Cooke, Mr. England, Mr. Pigott, Mr. Wyndham, Mr. Hutchinson, Mr. Waller, Mr. Hedger, Sir John Key, Mr. White, Sir Tho. Clarges, Sir Chr. Musgrave, Mr. Onslow, Mr. Palmes, Mr. Fuller, Mr. Vincent, Mr. Arnold; and all the Members that serve for the County of Southampton: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Ditto.

A Petition of the Bailiff, Constable, and other Inhabitants, of the said Borough of Stockbridge, was presented to the House, and read; setting forth, That the Petitioners are sensible of the high Displeasure of this House, occasioned by certain Irregularities committed by some Members of the Borough, for which there is a Bill in this House to disfranchise the Borough: That the Petitioners hope the House will not use such Severity to the Burgomasters, they being resolved, for the future, in all difficult Cases, to consult the Gentlemen of the County thereabouts: And praying, That the Bill may be withdrawn; and that the ancient Frame and Constitution of the said Borough, in sending Members to Parliament, may not be altered.

Resolved, That the said Petition be rejected.

St. John of Wapping Parish.

A Petition of William Paine Doctor in Divinity, Rector of St. Mary Matfellon, alias Whitechapel, was presented to the House, and read; setting forth, That the Petitioner hath been legally possessed of the said Rectory almost 13 Years: That the Hamlet of Wapping hath had a Chapel of Ease, with competent Maintenance for a Curate, almost 80 Years: That the Inhabitants of Wapping always paid to the Rector of Whitechapel ratable Tythes, amounting to about 130l. per Ann: That the Profits of the said Rectory do not exceed Two Thirds of the Value alleged by the Inhabitants of Wapping: And praying, That his Right and Property to the said Rectory may not be taken away by a Bill for making the said Hamlet a distinct Parish; but that his Freehold therein may be preserved during his Life.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

East India Trade.

Resolved, That this House will, upon Wednesday Morning next, resolve itself into a Committee of the whole House, to consider further of the East-India Trade.

A Motion being made, and the Question being put, That Leave be given to bring in a Bill to repeal the Act, whereby the Importation of Irish Cattle is prohibited;

It passed in the Negative.

Leave of Absence.

Ordered, That Mr. Peregrine Bertie have Leave to go into the Country for a Week, upon extraordinary Occasions.

Ordered, That Mr. Fortescue have Leave to go into the Country, upon extraordinary Occasions.

Ordered, That Mr. Archer have Leave to go into the Country for a Fortnight, upon extraordinary Occasions.

A Message from the Lords, by Sir Miles Cook and Sir Robert Legard:

Mr. Speaker,

Edward's Estate.

The Lords have passed a Bill, intituled, An Act to enable Thomas Edwards to sell Part of his Estate for the Payment of Debts: and to restrain and disable him to commit Waste upon the Residue of the said Estate: To which they desire the Concurrence of this House. Also,

Supply Bill; Million Act Deficiency.

The Lords have agreed to the Bill, intituled, An Act to supply the Deficiency of the Money raised by a former Act, intituled, An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer, Ale, and other Liquors, for securing certain Recompences and Advantages, in the said Act mentioned, to such Persons as shall voluntarily advance the Sum of Ten hundred thousand Pounds, towards carrying on the War against France, without any Amendment.

And then the Messengers withdrew.

Disfranchising Stockbridge Borough.

Another Petition of the Bailiff and Inhabitants of the Town of Stockbridge, in the County of Southampton, was presented to the House, and read; setting forth, That the said Town is an ancient Borough, Time out of Mind; and that the Petitioners are very much afflicted, that any Circumstances of the late Election have brought them under the Displeasure of this House: And praying, That they may be heard by their Counsel, at the Bar of this House, before the Bill to disable the said Borough from sending Burgesses to serve in Parliament for the future do pass into a Law.

Resolved, That the said Petition be rejected.

Worcester Election.

Mr. Bowyer reported from the Committee of Elections and Privileges, the Case touching the Election for the City of Worcester, as it appeared to the said Committee; the which he delivered in, in Writing, at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the Petition of Charles Cocks Esquire, complaining of an undue Return of Samuel Swift Esquire, to serve for the City of Worcester; and also, upon the Petition of the Mayor, and several Freemen of the said City:

The Committee have examined the Merits of that Election.

It was agreed on both Sides, That the Freemen who do not receive Alms were the Electors.

The Poll was likewise agreed to have been in this manner; viz. 682 for the Sitting Member; and but 575 for the Petitioner: 107 Difference.

But, on the Behalf of the Petitioner, it was proved by

Mr. Oakley, the Mayor, That, on Friday Three Weeks before the Election, being the 17th of November, it was agreed by the Mayor, and Aldermen, and Candidates, That all that had Right of Freedom, by Birthright or Service, which were the Two Ways of being Freemen, should be admitted, and sworn Freemen, before the Election: Twenty were then made free, and sworn, accordingly; and Proclamation made, That those of the City that had such Right should come on Monday following, to be examined, admitted, and sworn, and so de die in diem, till they should be all sworn; and the Friday following was appointed for those that lived in the Country to do the like: But that on Monday, though a great many came to be admitted, according to the said Agreement; yet the Aldermen, at the Instigation of Alderman Haynes, a great Friend of the Sitting Member's, went away, and would not admit, or swear, any of them; and, for want of their Presence, nothing could be done: But the Aldermen promised them, to admit them after the Election was over; and did so.

Philip Bearcroft testified the same, That those that came to be admitted, and sworn Freemen, and were refused, were above 100: And that these tendered themselves at the Election to vote for the Petitioner, but were refused; and the Door, where the Poll was taken, kept shut against them.

William Milward gave in a List of these Freemen, who were so refused; wherein there is contained the Names of 103: and that they tendered themselves at the Election, which began on Tuesday the 5th of December, but were kept out; the Door being shut, and Alderman Haynes keeping the Key.

William Collins testified the Demand of these refused Freemen to be polled; and that the Sheriff refused them: Whereupon the Petitioner demanded, That their Names might be entered, to see who, and how many, they were; but that was denied also.

That the Poll was ended on Friday, the 8th of December, Two a Clock in the Afternoon; and the Sheriff's Officers took away all the Books, as well those that the Candidates Agents had taken, as those of his own Officers; and did not then let the Candidates put their Seals to them, as they had done all along before; and refused to adjourn the Poll till the next Day, as he was desired by the Petitioner.

That Four Quakers, coming to poll for the Petitioner, were refused, because they would not swear, though they produced their Copies of Freedom, and though other Quakers were admitted, that voted for the sitting Member.

Thomas Tayler testified, That James Tayler, his Father, coming to poll for the Petitioner, being an old infirm Man, was carried away by Force by some of the Voters for the Sitting Member, and hindered from polling at all.

Tho. Smith testified the same.

Richard Pretty testified, That John Heath was so served, and run into an House by 10 Voters for the Sitting Member, and kept there for some time, and knocked down; but afterwards did get to vote for the Petitioner.

Smith likewise testified, That John Drew came to be polled for the Petitioner; and, after being informed that he was polled, went his way; but is not in the Poll: The same he also testified for Two others; viz. Wm. Dun, and John Hall.

Then the Churchwardens of the several Parishes testified of several Pollers for the Sitting Member, That they received Alms; viz. Of the Parish of St. Albans 8, that received Bread; and One, that had Money by Order of the Mayor: Of the Parish of All Saints 2; viz. Tutman, and Chandler, That received 6d. per Week by Order of the Mayor: Of St. Martin's 12, that received Bread: Of St. Andrew's 4, that received Bread; and One, That had a Pension: Of St. Nicholas, 2; one, a common Beggar; and the other, a Pensioner, and lived in a Town Alms-house at the time of the Election: Of St. Peter's One, a Pensioner: All these voted for the Sitting Member.

It was objected, That one, that received Bread, voted for the Petitioner: But he appeared to be a Clerk of a Parish, and they had Bread as a Perquisite to their Office; and several of them voted for the Sitting Member, and not excepted against.

Richard Andrews testified, That Nine Persons had Coats given them by the Warden of the Company of the Clothiers, by Order of the Sitting Member, who paid for the same, and voted for him; and that he never gave Coats before.

Worcester Election.

Richard Pomfrey testified, That John Cuerton had promised to vote for the Petitioner; but, having a Coat given him, was brought over to the Sitting Member's Side, and voted for him.

The same was proved of John Morgan, by Ickill and Smith.

Thomas Woodard testified, That Charles Swift, the Sitting Member's Brother, offered him 40s. for himself, if he would vote for the Sitting Member; and 40s. apiece for all others he should get off from the Petitioner to vote for the Sitting Member; but knows of no Money actually given.

That the Witness himself was abused, because he was for the Petitioner, and his Windows broken, and his Man beaten at his own Door, and a great Tumult in the Streets.

William Yardner testified, That he was kept down Stairs by the Constable at the Polling-place: And being asked, by Alderman Haynes, Whom he would poll for? and he answering, For the Petitioner; Haynes struck him a Blow in the Breast, and asked him again the same Question: And, he answering as before, Haynes struck him again; and when he had polled, took and shook him; and said, he desired to see his Face, that he might know him.

John Breynton testified, That, coming to poll for the Petitioner, he was thrust, and knocked down twice, before he could get to be polled; and after he was polled, Alderman Haynes told him, He was a forsworn Rogue; and took him by the Hair, and dragged him all along the Tolsey, and afterwards kicked him down Stairs.

Captain Slater, a Captain of the City Trained-Bands, coming to assist the Petitioner at the Election, was abused by the Constables and Mob in the Tolsey and Streets; and said, That he saw 40 Freemen refused Admittance to the poll one Morning, and 20 in the Afternoon, who would have voted for the Petitioner.

For the Sitting Member;

Alderman Haynes testified, That the Sitting Member was courted to stand in Opposition to Mr. Letchmore, but refused it at first; but was afterwards prevailed with, and Mr. Letchmore desisted: That then the Petitioner promised to be for the Sitting Member, but afterwards set up for himself: That the Mayor had likewise promised the Sitting Member, but afterwards was for the Petitioner.

That the Petitioner had agreed not to make any Freemen; but afterwards they made 20; but, finding the Inconveniency of it, agreed again to make no more till after the Election; only the Mayor, he said, was for making Freemen.

That the Petitioner agreed, None but Freemen should be let into the Tolsey to disturb the Poll; and that all Freemen should have Votes, but those that took weekly or monthly Pensions: and that they examined the Voters to this, upon Oath, when they polled them, which was the Scrutiny agreed on; And that it was also agreed by the Petitioner, They should poll by Twenties, which was observed, till the Petitioner had but 15; and, that after that the Petitioner polled so many, that the Sitting Member had an Overplus of 107; whereupon the Petitioner declared, He thought he could no retrieve it, and would put the Sitting Member to no further Charge: And thereupon Three Proclamations were made in the Hall, and in the Street, and the Books closed, and the Scrutiny adjourned till Tuesday.

That he, and a Constable, were abused in the Street by a Parcel of young Men, that declared for the Petitioner, but were no Freemen; but he confessed, they had Right to be so, and were used to be admitted at all other Elections; That he carried Captain Slater out of the Croud, who declared, He believed he had had his Brains knocked out, if it had not been for him.

That there were more than 103 that had Right to their Freedom: That, in all, they were to the Number of 270, and odd; but whether they demanded this Freedom before the Election, he can't tell: That 150, that were not made free, did subscribe for the Sitting Member; but were not at the Election, or demanded their Poll.

Worcester Election.

Robert Hunt testified, He took the Poll Books; and that they were sealed by the Sheriff only; and gave them to Alderman Haynes, to put them up: That the Petitioner made no other Objection, but That the Sitting Member was High Sheriff of the County, and so could not be returned Citizen.

That the Candidates agreed, That the Bread-Men should be polled; and those Quakers only that had been sworn.

Thomas Shewin testified the Agreement to make no Freemen; and That the Election was fairly carried.

Richard Gibbs testified, There were 158 that had Right of Freedom, and would have voted for the Sitting Member at the Election; and some of them demanded it the Day the Poll was closed; but it was agreed on both Sides, They should not be polled.

Tho. Burrill said, That there were 112 that had Right to be Freemen, and would have voted for the Sitting Member; and some of them came on the Day of the Election.

James Jones said the same for 158; but could not say they demanded their Poll.

William Hart gave in a List of them; and said, That they were Freemen, and would have been for the Sitting Member: but could not say they were at the Election.

Mathew Mathews, as to the Nine Coats, declared, The Sitting Member ordered him to give them as he pleased; and would not have it known, that it was upon his Account: That he did not know that the Sitting Member ever gave any before; but his Father did in his Lifetime, who died about Seven Years since.

John Andrews testified, He had a Coat given him; but was not to do any thing for it: But he voted for the Sitting Member.

John Menshoe testified, That he was threatened to have no more Work, if he did not vote for the Petitioner; and if he did, he should have 2s. a Week given him.

To confront some of these last Witnesses;

Collins was called in, for the Petitioner: Who testified, He was by at the Election; and that the Petitioner was so far from declaring he was satisfied, that he complained of foul Play in it; and that he never made any Agreement, That no more Freemen should be admitted; but that he demanded a Scrutiny, which was denied him.

And as to Gibbs;

Milward testified, That he confessed to him, That he had a Pack of Wool, and Money, of the Sitting Member, for acting for him.

And that, upon the whole Matter, the Committee came to several Resolutions; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That Samuell Swift Esquire is not duly elected a Citizen to serve in this present Parliament for the City of Worcester.

Resolved, That it is the Opinion of this Committee, That Charles Cocks Esquire is duly elected a Citizen to serve in this present Parliament for the City of Worcester.

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 Samuell Swift Esquire is not duly elected a Citizen to serve in this present Parliament for the City of Worcester;

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 Charles Cocks Esquire is duly elected a Citizen to serve in this present Parliament for the City of Worcester;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, with the Return for the City of Worcester, in order to amend the same.

Ways and Means.

Resolved, That this House will, To-morrow Morning at Eleven a Clock, resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supplies to be granted to their Majesties, for the Maintenance of the Fleet, and Land Forces, for the Service of the Year One thousand Six hundred Ninety-four.

Privilege.

Ordered, That the Report from the Committee of Elections and Privileges, touching the Matter of the Complaint of a Breach of Privilege against Sir Ralph Dutton, a Member of this House, be made To-morrow Morning.

Cambridge Election.

Ordered, That the Report from the Committee of Elections and Privileges, touching the Election for the County of Cambridge, be made upon Saturday Morning next.

Pensions, &c. to Members.

Ordered, That the Commissioners for stating the publick Accounts do, upon Friday Morning next, lay before this House an Account of the Pensions, Salaries, and Sums of Money, paid or payable to the Members of Parliament out of the publick Revenue, or otherwise.

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