House of Commons Journal Volume 11: 9 January 1696

Jovis, 9 die Januarii ;

7° Gulielmi Tertii.

Prayers.

A Member discharged from custody.

ORDERED, That Mr. Bere, in Custody of the Serjeant at Arms for absenting himself from his Service in Parliament, be discharged out of Custody, paying his Fees.

Duties on Coals.

A Petition of the Owners of Ships concerned in the Coal-Trade for the Towns of Newcastle, Sunderland, Stockton, Whitby, Scarborough, Burlington, Lynn, Yarmouth, Aldborough, Ipswich, and London, was presented to the House, and read; setting forth, That, since a Duty of 5s. per Chaldron was laid upon Coals, by the last Parliament, great Losses have befallen the Petitioners; especially by a Storm, which happened in September last, wherein they lost near 200 Sail of Ships, about 600 Seamen; whereby there are many Widows and Fatherless, in the several Sea-Ports, left in a deplorable Condition; besides the Owners Loss, upwards of 200,000 l.: That the said Losses, together with the said Tax, are very grievous, and fall but upon a little Part of the Nation, if compared with the Whole: And, the Coal-Trade, which now is the chiefest Nursery for Seamen, being under many Discouragements, the Petitioners pray, That the House will be pleased to find out some easier Way to raise Money, than to continue the said Tax.

Ordered, That the Consideration of the said Petition be referred to the Committee appointed to consider of the Act, made the last Parliament, for granting to his Majesty certain Duties upon Glass Wares, Stone and Earthen Bottles, Coals, and Culm, for carrying on the War against France; and of the Doubts and Complaints relating thereunto.

Madely Manor.

An ingrossed Bill from the Lords, intituled, An Act for vesting the Manor of Madely, in the County of Salop, in Trustees, for certain Purposes therein mentioned, was read a Second time.

Resolved, That the Bill be committed to Mr. Mordaunt, Mr. Kinaston, Sir Eliab Harvey, Mr. Tredenham, Mr. Heveningham, Mr. Newport, Sir Fra. Massum, Sir Wm. Whitmore, Mr. Burdet, Mr. Frewen, Mr. Colt, Mr. Gerey, Sir Edw. Ernley, Mr. Blake, Mr. Manley, Sir Edward Acton, Mr. Baldwyn, Mr. Weld, Mr. Blofeild, Mr. England, Sir Tho. Day, Mr. Bromley, Mr. Archer, Mr. Stringer, Mr. Jones, Mr. Parker; and all the Members that serve for the Counties of Salop and Stafford: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Earl of Kent's Jointure.

An ingrossed Bill, from the Lords, intituled, An Act to enable Anthony Earl of Kent, and Henry Grey his Son and Heir apparent, to make a Jointure for Jemima, Wife of the said Henry Grey, was read a Second time.

Resolved, That the Bill be committed to Sir Samuel Barnardiston, Sir Fra. Winington, Mr. Manley, Sir Henry Hobart, Sir Jacob Ashley, Sir Ra. Delavall, Sir Wm. Lowther, Mr. Conyers, Mr. Chase, Mr. Pendarvis, Sir Thomas Dyke, Mr. Bickerstaffe, Mr. Foley, Sir Wm. Williams, Mr. Harley, Mr. Done, Mr. Sands, Mr. Bethell, Mr. Colt, Mr. Gray, Sir Wm. Twisden, Mr. Bagnold, Mr. Duncomb, Mr. Tredenham, Mr. Brewer, Mr. Blofeild, Lord Cavendish, Sir Hen. Colt, Mr. Mountague, Sir Wm. Coriton, Lord Russell, Mr. Moore, Sir Gerv. Elwes, Mr. Lowther, Mr. Arnold, Mr. Baldwyn, Sir John Lowther, Mr. Jones, Sir Rowl. Gwynn, Sir Fra. Massam, Sir John Woodhouse: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Wye and Lugg Navigation.

A Petition of the Merchants, and other the Traders and Inhabitants, of the City of Bristoll, was presented to the House, and read; setting forth, That, some Years since, the Petitioners had considerable Commerce with the County of Hereford, by the Conveniency of carrying Goods to and fro' by Water; but that, of late Years, by reason of the Mills and Dams now on the Rivers Wye and Lugg, and the excessive Rates of Land-carriage, their Communication is, in a manner, lost: And praying, That a Bill for making the said Rivers navigable may pass into a Law.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Bill for making navigable the Rivers of Wye and Lugg, in the County of Hereford, is committed.

Regulating Elections.

Ordered, That the ingrossed Bill for preventing Charge and Expence in Elections of Members to serve in Parliament be read the Third time, upon Saturday Morning next.

Supply Bill; House Duty.

A Bill for granting several Rates and Duties upon Houses, for making good the Deficiency of the clipped Money, was read the First time.

Resolved, That the Bill be read a Second time.

Holbourn and Finsbury Court of Conscience.

A Petition of the Right honourable the Lady Rachel Russell was presented to the House, and read; setting . . . . . That the Petitioner . . seised of the Manors of St. Giles and Bloomsbury, in Middlesex, and a Court of Baron belonging to the same, for Recovery of small Debts contracted within the said Manors, to be levied by the Goods and Chattels of the Defendant, but not by arresting the Body; and divers Advantages accrue to the Petitioner by the said Court: That the Petitioner is informed, a Bill is now depending in this House, for erecting a Court of Conscience for Holbourn and Finsbury Division, for Recovery of small Debts under 40s.; which Bill will take away her said Court Baron, and be grievous to the Subject, by subjecting the Body of the Defendant to imprisonment; and is advised, there is no Need of the said Court of Conscience; for that her said Court is more easy, and less chargeable, to the Subject: And praying, That she may be heard, by Counsel, to shew Cause, why the said Bill ought not to pass.

Ordered, That the said Lady Russell be heard, by her Counsel, at the Bar of this House, at the Second Reading of the said Bill.

Leave of Absence.

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

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

Supply Bill; Duties on Wines, &c.

Mr. Attorney-General, according to Order, presented to the House a Bill for continuing several Duties, granted by former Acts, upon Wine and Vinegar, and upon Tobacco, and East-India Goods, and other Merchandizes; imported, for carrying on the War against France: And the same was received.

A Message from the Lords, by Sir John Franklyn and Sir John Hoskins:

Mr. Speaker,

Powell's Estate.

The Lords have passed a Bill, intituled, An Act for vesting several Messuages and Lands, belonging to Samuel Powell Esquire, in Trustees, for Payment of his Debts: And also,

Oaths of Supremacy in Ireland.

A Bill, intituled, An Act for altering Part of an Act, made in the Third Year of his present Majesty and the late Queen, intituled, An Act for the abrogating the Oath of Supremacy in Ireland, and appointing other Oaths:

To which they desire the Concurrence of this House.

And then the Messengers withdrew.

East Grinsted Election.

Mr. Solicitor-General, according to Order, reported, from the Committee of Privileges and Elections, the Matter, as it appeared to the Committee, touching the Election for the Borough of East Grinsted, in the County of Sussex; and the Resolutions of the Committee thereupon; 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.

Upon the Petition of Lionel Earl of Orrery, Spencer Compton Esquire, and of the Inhabitants of the Borough of East Grinsted in the County of Sussex:

The Committee have examined the Merits of the Election for that Borough.

That the Petitioners insisted, That the Right of Election was in the Burgage-holders, and Inhabitants, of the said Borough, paying Scot and Lot; the Majority whereof voted for the Petitioners:

And did also insist, That if the Committee were of Opinion, That the Right was in the Burgage-holders alone, That the Petitioners were elected by the Majority of them.

To prove the Right in the Burgage-holders and Inhabitants, the Petitioners produced several Returns; viz.

12 Edw. 4. Which Indenture says, 12 Persons, therein named, and other Burgesses of the Borough of East Grinsted, elected; and had full Power for themselves, and the Commonalty of the Borough.

17° Edw. 4. made between the Sheriff, of the one Part; And the Bailiff and 12 other Persons, most of them other Persons than in the First Indenture named, and other Burgesses, of the other Part; witnesseth, That the said Bailiff and Commonalty elected.

7 Edw. 6. made between the Sheriff, and above Sixteen Persons named, and stiled Burgesses and Inhabitants of the Borough; the said Burgesses and Inhabitants, ex eorum unanimi assensu & consensu, elegerunt; and concludes, In cujus rei testimonium, burgenses prædicti sigilla sua apposu'.

1° Mariæ; Between the Sheriff, and the Bailiff and Thirteen other Persons named, and stiled Burgesses and Inhabitants; the said Bailiff, Burgesses, and all other Inhabitants of the said Borough, of their common Assent, elected: To which Indenture the said Bailiff, Burgesses, and Inhabitants, put their Seals.

1° & 2° Phil. & Mariæ; Bailiff, and Four other Persons named, and stiled Burgesses and Inhabitants, elected: The said Bailiff, Burgesses, and Inhabitants, for themselves, and in the Names of all other the Burgesses and Inhabitants of the said Borough, put to their Seal.

2 & 3 Ph. & Ma. Bailiff, and Twelve other Persons named, and stiled Burgesses and Inhabitants, elect: The Bailiff and Burgesses put to their Seals, in the Name of all other the Inhabitants.

26 Eliz. Between the Sheriff, and the Bailiff and Fourteen other Persons named, and stiled Burgesses and Inhabitants, elected: Bailiff, Burgesses, and Inhabitants, put their Seal.

30 Eliz. Bailiff, and Seven other Persons named, and stiled Burgesses and Inhabitants, of their common Assent, jointly together, elected: The said Bailiff and Burgesses, in the Name of all the Residue of the Burgesses and Inhabitants, put their Seal.

39 Eliz. The Bailiff, and Five other Persons named, and others of the Commonalty, for and in the Name of the rest of the Burgesses, elected; and gave Power for themselves, and the Commonalty of the said Borough.

43 Eliz. The Bailiff, and Ten other Persons named, and stiled Burgesses and Inhabitants, elected: Bailiff and Burgesses, in the Name of all the Residue of the Burgesses and Inhabitants, put their Hands and Seals, with the common Seal of the Borough.

1 Jacobi; Between the Sheriff, and the Bailiff and Twelve other Persons named, and stiled Burgesses and Inhabitants: The said Bailiff, Burgesses, and Inhabitants, elected: Bailiff and Burgesses, in the Name of all the Residue of the Burgesses and Inhabitants, put to their Seal, with the common Seal of the Borough.

21 Jac. Between the Sheriff, and Twelve Persons named, and stiled Bailiff, Burgesses, and Inhabitants: The said Bailiff, Burgesses, and Inhabitants, of their common Assent, jointly elected: And to the Indenture set their Seals.

4 Martii, 15 Car. 1. Indenture recites the Sheriff's Warrant to the Bailiff and Burgesses: Sixteen Burgageholders named, Fourteen Inhabitants named, elected: And set their Hands and Seals.

16° Car. 1. About 59 Persons named, Burgesses and Inhabitants of the Borough, and there present, elected, by virtue of the Sheriff's Warrant, directed to the Bailiff, Burgesses, and Inhabitants.

24 Apr. 16 Car. I. Resolution of the House, reciting, That Mr. Goodwyn affirmed, That the Inhabitants, as well as Burgage-holders, had Right to elect: It was resolved, That Mr. Goodwyn was well elected and returned Burgess, and a fit Person to serve in Parliament.

7 Apr. 79. Report of East Grinsted Election was read, wherein is recited, That one Witness testified for 60 Years, and another for 40 Years, That the Inhabitants, as well as Burgage-holders, always voted: The House resolved, That the Inhabitants, as well as Burgageholders, had Right to elect.

19 Apr. 31 Car. Precept to Bailiff and Burgesses: 35 Persons named, and stiled Bailiff, Burgesses, and Inhabitants, elected: And the Bailiff, Burgesses, and Inhabitants, sealed.

19 Aug. 31 Car. Precept to Bailiff and Burgesses; 34 Persons named, and stiled Bailiff, Burgesses, and Commonalty, elected: Bailiff and Burgesses set their Seals.

33 Car. Thirty-five Persons named, and stiled Burgesses and Inhabitants, with divers other Burgesses and Inhabitants, elected.

Mr. Packer, being produced as a Witness, said, The Inhabitants demanded a Poll for the Petitioners; but it was denied: And he proved an Indenture to be signed and sealed by them; which testified, That they had elected the Petitioners.

That the Petitioners, in the next Place, endeavoured to prove themselves elected by the Burgage-holders:

East Grinsted Election.

That the Poll taken of the Burgage-holders was thus; viz.

That the Petitioners insisted, That some that were qualified to vote as Burgage-holders, and would have voted for the Petitioners, were denied their Votes: And called

James Thorp: Who said, He had received of Mr. Putland 9d. for Rent due to the Lord; but that it was not for the House he pretended to give his Vote for: But,

Another Witness said, William Putland lived in the House for which he voted; though he had not lived there long: And believed, Putland bought it 19 Years ago; and that he would have polled for the Petitioners, but was refused.

Mr. Smith was also called: Who said, He was a Burgage-holder, and voted for the Petitioners; and would have polled for them; but was refused: He produced Deeds of his Burgage-hold; but could not say, When they were executed, nor when he had Possession first.

Hutchins said, Edward Head had a Burgage-Estate in the Borough; and that, he believes, It was a Mortgage to him in Fee: But,

Mr. Packer said, Head would have polled for the Petitioners, but was objected against by Mr. Conyers; because, as Mr. Conyers said, an Infant had the Equity of Redemption; and was refused by the Bailiff.

Ledger said, That when Sir Thomas Dike came to him, to desire his Vote, a little before the Election, he pulled out a Handful of Money: That he then told him, He would do him as much Kindness as Mr. Compton should: And Pain offered him the running of an Horse, if he would vote for Sir Thomas Dyke.

That, for the Sitting Members.

It was insisted, That the Right of Election was only in the Burgage-holders: And that the Votes of the Inhabitants were procured for the Petitioners by indirect Means.

Thomas Pollard, being called as a Witness, said, That Mr. Packer desired his Vote for the Earl of Orrery and Mr. Compton; and promised to be a good Friend to him: And told him, That Sir Thomas Dyke had been in the House a good while, and had done no Good; and that he was a Jacobite, and kept a Jesuit in his House; and that he would not be suffered to sit in the House: And further testified, That he, denying to vote for the Petitioners, was threatened with a Stone-Doublet; and accordingly, Three Days before the Election, he was arrested: That Percivall would have had him gone to London, to have been out of the Way at the Election; which he refused.

Jeremy Johnson said, That it was given out, by one Percivall, that appeared for the Petitioners, That if Sir Thomas Dyke was chosen, the House would not accept of him; but he would be turned out again.

Edward Payne said, It was rumoured in the Town, a little after Percivall came to Town, That Sixty Members were to be turned out of the House; and that Sir Thomas Dyke was to be one of them.

Mr. Thomas James testified, That he heard Mr. Packer say, He had received a Letter from the Chancellor of the Exchequer, or else he had not made so much Interest there.

John Cowper said, That Bodell said, after the Election was over, That Widow Jenner and Widow Taylor should have their Pensions stopped; and that he had the Order of the Lord Chamberlain so to do, because some certain Persons had voted for the Sitting Members.

Robert Badkyn said, That Robert Bodell, that appeared on behalf of the Petitioners, gave out, That, if they did disoblige my Lord of Dorset, they should be troubled with Soldiers, and lose the Assizes.

John Payn, John Wood, said, Ledger declared, He would vote for the Petitioners; for he could have a Place for his Mother, in the College, of 8 l. a Year; which would be worth 100 l.

Hen. Page said, That Smith, that pretended to vote for the Petitioners, had declared, The House for which he pretended to vote, was not his, but one Mr. Smith's, of Windsor.

That, on behalf of the Sitting Members, were also produced Returns; viz.

28 Eliz. Between the Sheriff and Twenty-three Persons named, and stiled Bailiff, and Burgesses and Inhabitants: Bailiff and Burgesses, of their common Consent, jointly elected: Bailiff and Burgesses, in the Name of the Residue of the Burgesses, then sealed.

13 Car. Between the Sheriff, and Fifteen Persons named, and stiled Bailiff and Burgesses: And reciting, That the Bailiff and Burgesses, by Warrant to them directed, elected.

Jenner: That, on the Behalf of the Sitting Members, was also produced a Letter from the Earl of Dorset, directed to the Bailiff, and the rest of the Burgage-holders, at East-Grinsted; by which he took Notice of their Promise to choose the Lord Orrery; he recommended the Earl of Orrery; and offered them his Service: Which, he said, was read publickly before they went to the Election, and before the Precept was read.

That, upon the whole Matter, the Committee came to these Resolutions; 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 East Grinsted, in the County of Sussex, is not in the Burgage-holders and Inhabitants of the said Borough.

Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of East Grinsted is in the Burgageholders only.

Resolved, That it is the Opinion of this Committee, That Sir Thomas Dyke Baronet is duly elected a Burgess to serve in this present Parliament for the Borough of East Grinsted.

Resolved, That it is the Opinion of this Committee, That John Conyers Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of East Grinsted.

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 Right of Election of Burgesses to serve in Parliament for the Borough of East Grinsted, in the County of Sussex, is not in the Burgage-holders and Inhabitants of the said Borough:

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The rest of the said Resolutions being severally read a Second time; the same were, upon the Question severally put thereupon, agreed unto by the House.

Coinage.

Colonel Granville, according to the Order of the Day, reported, from the Committee of the whole House, who were to consider of the State of the Coin of this Kingdom, the Resolutions of the said Committee; 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 were read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That, in order to the remedying the ill State of the Coin of this Kingdom, the Recompence to be given for sup plying the Deficiency of the clipped Money, shall extend to all clipped Money which is Silver, although of a coarser Alloy than the Standard.

Resolved, That it is the Opinion of this Committee, That the Collectors and Receivers of his Majesty's Aids and Revenues be enjoined to receive all such Monies.

Resolved, That it is the Opinion of this Committee, that a Reward of Five Pounds per Cent. be given to all such Persons as shall bring in either milled or broad unclipped Money, to be applied in Exchange for the clipped Money, throughout the Kingdom.

Resolved, That it is the Opinion of this Committee, That a Reward also of Three-pence per Ounce be given to all such Persons as shall bring in wrought Plate, to the Mint, to be coined.

Resolved, That it is the Opinion of this Committee, That, for the sooner bringing in the clipped Money to be re-coined, any Persons may pay in their whole next Year's Tax, of Four Shillings in the Pound, in the said clipped Money, at one convenient Time, to be appointed for that Purpose.

Resolved, That it is the Opinion of this Committee, That Commissioners be appointed in every County, to pay and distribute the new-coined Money, and to receive in the clipped Money.

The First Five of the said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The last Resolution being read a Second time;

An Amendment was proposed to be made therein, by inserting after the first "the," and before "new," these Words, "milled and broad unclipped Money, and the:"

And the same was, upon the Question put thereupon, agreed unto by the House.

Resolved, That the House do agree with the Committee in the said Resolution, so amended, That Commissioners be appointed in every County, to pay and distribute the milled and broad unclipped Money, and the new-coined Money; and to receive in the clipped Money.

Ordered, That a Bill be brought in upon the said Resolutions: And that Mr. Attorney-General, Mr. SolicitorGeneral, Mr. Serjeant Bond, Mr. Chancellor of the Exchequer, Mr. Harley, and Mr. Lownds, do prepare and bring in, the same.

Ordered, That it be an Instruction to the Members appointed to prepare the said Bill, That they do bring into the said Bill a Clause, to enable the re-coining the clipped Money, as the same shall come into the Exchequer.

Committees.

Ordered, That all Committees be revived.

Encouragement of Privateers.

Resolved, That this House will, upon Tuesday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for the Encouragement of Privateers.

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