House of Commons Journal Volume 11: 5 February 1696

Mercurii, 5 die Februarii ;

7° Gulielmi Tertii.

Prayers.

HENRY de Nassau took the Oaths appointed, in order to his Naturalization.

Nassau's, &c. Nat.

Colonel Granville, according to Order, presented to the House a Bill for Naturalization of Henry de Nassau, and others.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Clithero Election.

Ordered, That the Report touching the Election for the Borough of Clithero, in the County of Lancaster, be made upon Saturday Morning next.

Biggs Estate.

A Bill for vesting certain Lands of Thomas Biggs, and Elizabeth his Wife, lying in Chislet, in the County of Kent, in Trustees, for Payment of Debts, and making Provision for their Children, was read the First time.

Resolved, That the Bill be read a Second time.

Barkhamstead Manor.

An ingrossed Bill, from the Lords, intituled, An Act to enable Trustees to sell Part of the Manor of Barkhamsted; and to pay off Incumbrances on the same; and to lay out the Overplus in an Estate, to be settled as the said Manor is now settled; was read the First time.

Resolved, That the Bill be read a Second time.

Harwich Roads.

A Bill for Repair of the Highways between London and Harwich, in the County of Essex, was read a Second time.

Resolved, That the Bill be committed.

A Motion being made, and the Question being put, That the Bill be committed to a Committee of the whole House;

It passed in the Negative.

Resolved, That the Bill be committed to Sir Eliab Harvey, Mr. Bickerstaffe, Mr. Dolben, Mr. Stonehouse, Mr. Norris, Mr. Bowyer, Mr. Baldwyn, Mr. Onslow, Sir Marm. Wyvell, Mr. Forster, Mr. Lowther, Sir Wm Cooper, Mr. Watlington, Mr. Robinson, Mr. Bagnold, Sir John Smith, Mr. Harvey, Mr. Whitacre, Mr. Ash, Mr. Sandford, Mr. Conyers, Sir John Bolles, Sir Robert Cotton, Sir Richard Onslow, Sir John Trevillian, Mr. Hoblyn, Sir Tho. Davall, Mr. Halsey, Sir Robert Smith, Mr. Bromley, Lord Castleton, Mr. Boyle, Lord Pawlet, Mr. Wm. Harley, Mr. Brotherton, Mr. Farrer, Mr. Moor, Mr. Blofeild, Mr. Hunt, Mr. Gwynn, Mr. Kinston, Sir Wm. Twisden, Mr. Tredenham, Mr. Burdet, Sir Gerv. Elwes, Mr. Price, Sir Fra. Massam, Sir John Parsons, Mr. Cooper, Mr. Tredenham junior, Mr. England; and all that serve for the Counties of Essex and Suffolke: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.

Ordered, That it be an Instruction to the said Committee, That they be impowered to receive a Clause, to repair the Way near Colchester, called the Severalls.

Leave of Absence.

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

Punishing Mutiny and Desertion.

Ordered, That Leave be given to bring in a Bill for continuing the Act for punishing Officers and Soldiers who shall mutiny, or desert his Majesty's Service: And that Brigadier Earle do prepare, and bring in, the Bill.

Wymondham Roads.

Ordered, That Leave be given to bring in a Bill for Repair of the Highways between Wymondham and Attleborough in the County of Norfolk: And that Sir Harry Hobart do prepare, and bring in, the Bill.

Bristol Water-works.

Ordered, That Leave be given to bring in a Bill for the better Supplying of the City of Bristoll with fresh Water: And that Mr. Blake and Mr. Yates do prepare and bring in, the Bill.

Fines of ancient Demesne Lands.

Mr. Conyers, according to Order, presented to the House a Bill concerning Fines, with Proclamations, levied of ancient Demesne-lands: And the same was received.

Hackney Coachmen.

The Lord Cornbury, according to Order, presented to the House a Bill for Relief of several Hackney Coachmen: And the Bill was received.

Challenging Jurors.

Mr. Brotherton, according to Order, presented to the House a Bill to supply some Defects in an Act, or Ordinance, made in the Thirty-third Year of King Edward the First, Statute the Fourth, intituled, He that challengeth a Jury, or Juror, for the King, shall shew his Cause; and to make it more beneficial for the Liberty of the Subject: And the Bill was received.

Encouraging Seamen.

A Petition of several Fishermen, westward on the River of Thames, on behalf of themselves and others, was presented to the House, and read; setting forth, That the Petitioners understand, the Company of Fishermen have petitioned the House for Leave to insert a Clause into the Bill for the Increase and Encouragement of Seamen, to impower the said Company to keep a Register, within the Precincts of their Charter, of all Fishermen, Dredgermen, and their Servants: That the said Clause is only designed to oppress the Petitioners, by returning such as are poor to serve the King; and to let those alone who have Money to bribe themselves off; and tends only to the private Ends of the said Petitioners, who are but few; some of them buying their Fifth of others, and the rest are of other Trades: That the now Petitioners are, at all times, ready and willing to serve his Majesty: and desire there may be such a general Register established, as by the said Bill is designed: And praying, that no such Clause may be added to the said Bill, to impower the said Company to keep a particular Register.

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

Aunger's Estate.

A Message from the Lords, by Sir Robert Legard and Doctor Edisbury:

Mr. Speaker,

The Lords have agreed to the Bill, intituled, An Act to enable John Aunger, an Infant, and his Mother, to make a Lease of his Estate, for the Improvement thereof, without any Amendment.

And then the Messengers withdrew.

Commissioners of Accounts.

Mr. Harcourt, according to the Order of the Day, reported from the Committee of the whole House, to whom the Bill for taking and stating the publick Accounts was committed, That they had left a Blank, for the Commissioners Names, to be filled up by the House; and had made several Amendments to the said Bill; 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 once read throughout, and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

And Mr. Gwyn also reported from the Committee appointed to inspect the Lists given in of Persons Names, to be Commissioners for taking and stating the publick Accounts; and to report upon whom the Choice should fall; That they had inspected the Lists accordingly: And that the Choice had fallen upon

Ordered, That the said Names be inserted into the Blank in the Bill.

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

Re-vesting Tutbury in the Crown.

Ordered, That Leave be given to bring in a Bill for re-vesting in his Majesty the Honour of Tutbury, and the Lands thereunto belonging: And that Mr. Pagit do prepare, and bring in, the Bill.

English and Irish Forfeitures.

Ordered, That Leave be given to bring in a Bill, or Bills, to vest in the Crown all forfeited Estates in England and Ireland; and to vacate the Grants made thereof: And that Sir Richard Onslow do prepare, and bring in, the Bill.

Blechingly Election.

Colonel Granville reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Blechingly, in the County of Surrey, as the same appeared to the Committee, and the Resolutions of the said 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 George Evelyn Esquire, complaining of an undue Return of Maurice Thompson Esquire to serve for the Borough of Blechingly.

The Committee have examined the Merits of that Election.

That Mr. Howard, the other Sitting Member for the said Borough, was agreed to be well elected; so that the Question was only between the Petitioner and Mr. Thompson.

Upon the Poll, the Numbers were thus;

That the Petitioner insisted, That the Bailiff of Blechingly had, without just Cause, declared 24 of his Voters to be not found: and so Mr. Thompson duly elected.

And, for the Petitioner, was called,

Mr. Richard Bromhall, Mr. Peter Hussey, Mr. Tho. Bromfeild, Mr. Tho. Drake: Who said, That they were present at the Election: That Sir Robert Clayton, after all were polled, said, He had queried, and found Mr. Evelyn had but 16 good Votes; that Mr. Evelyn offered to shew the Titles of several Voters; but Sir Robert Clayton said, His Friends had not their Titles: and That was not a Place to determine that Matter: That Mr. Howard and Mr. Evelyn sat between the Bailiff and Sir Robert Clayton: That Sir Robert did ask several of the Voters, If they had a Burgage-tenure; and if the Bailiff said, He did not know any particular Voter, then Sir Robert said, He was not found; and so he was put by: And that, afterwards, Sir Robert bid the Bailiff fill up the Indenture with Mr. Howard's and Mr. Thompson's Name; and said, He would stand by him: And said, If Mr. Evelyn's Petition came into the House, Sir John Thompson's Interest and his would bring him off.

Rich. Jewell, John Russell, William Life, said, That Sir Robert Clayton spake to the same Effect as before testified, about Mr. Evelyn's Petitioning.

Mr. Bromfeild said, That one Butterly was objected to, as unfound, when he voted for Mr. Evelyn: and, afterwards, when he voted for Mr. Thompson, the Bailiff said, He was found.

Blechingly Election.

Then the Petitioner proceeded to disqualify several Voters for Mr. Thompson:

And called,

Ro. Coleman, Ri. Jewell: Who said, They lived at Blechingly; but did not know, That Thomas Firmin, Dean Monteth, John Kendrick, Anth. Keck, Samuel Nash, William Lightfoot, John Wise, William Clayton, Sam. James, and Thomas Fowler, had Burgage-houses to vote for.

Ri. Jewell said, the Persons before excepted to had voted at former Elections; but the Report was, That Sir Robert Clayton had bought, in their Names; and he looked upon them as Sir Robert's Trustees.

Charles Armet produced the Will by which Thomas Burton's pretended Estate was given to his Sister, for her Life: And

Wm. Russell said, the reputed Owner was Ursula Burton the Sister.

William Russell further said, That Wm. Wood and John Saxby voted for the same House.

That, for the Sitting Member, was produced,

Mr. Bonwick, Mr. Kendrick: Who said, They were present at the Election, and faw nothing but what was fair: That the Bailiff asked the Electors, as they came to be polled, before they declared who they were for, Where their Freeholds lay; but they refused to give any Account; and said, They would be made good Voices before a Committee of Elections: Did confess, That Mr. Evelyn did say, He had Writings to make several of his Voters good; but did not offer to produce them.

And Mr. Kendrick said The Persons excepted to had voted at former Elections: And said, Himself had voted since the Year 1682; and that the Widow Palmer was his Tenant; that the Consideration-money of his Purchase was paid by Mr. Thomas Clayton; that he had not actually received any Rent, but Mr. Thomas Clayton was accountable for it to him: That Sir Robert Clayton did keep the Deeds of this and all other his Estate: and that he received this Deed, in the Morning, of Sir Robert Clayton.

Ja. Snolly, Tho. Martingale, Tho. Burton, said, That One House has but One Vote; but believe, Now there are more Votes than formerly: And

Burton said, He did not think there were 40 good Votes in the Borough.

Thom. Chapman said, There are at Blechingly 54 or 55 Burgage-houses: That some Houses had been built upon the old Burgage-lands; and, he believed, they had Votes.

Then the Counsel for Mr. Thompson proceeded to make good the Votes excepted to by the Petitioner: And

Stephen Locker proved a Deed of Conveyance to Mr. Firmin, made between Robert Smythier and Tho. Firmin; and said, He was a Witness to the written Receipt for the Purchase-money, but saw no Money paid; and said, He lived with Sir Robert Clayton at the time of the Execution of the Deed, which was at London.

Thomas Burton, Tho. Martingale, said, Mr. Dean Monteth had voted Two or Three times: and that Mr. Kendrick, Mr. Keck, Mr. Nash, Mr. Lightfoot, had voted at former Elections:

And Locker proved Lightfoot's Deed of Conveyance.

Thomas Burton, Tho. Martingale, said, That John Wise, William Clayton, Sam. James, Tho. Burton, had voted at former Elections:

And a Fine was produced, levied by Samuel James:

That Wood, or Saxby, one of them, has a Vote.

That then the Sitting Member proceeded to the Exceptions to the Petitioner's Voters; and called,

Thomas Chapman, John Beane: Who said, That William Partridge kept the Free-school, and voted for the Schoolhouse; which they did not know had been done before.

John Beane said, Richard Wright declared, in his Hearing, That Mr. Evelyn would sell him a Piece of Land, to vote for him: And

Ri. Wright said, He had bought a Burgage-house of Mr. Evelyn, before the Election; and paid 5s. in Part of it.

Henry Bonwick said, That Peter Hussey, the Night before the Election, said, If he had a Voice, as he had not, he would give One Vote for his Father; but did not know who he should give the other for.

Chapman and Martingale said, That Robert Shallcrosse had no House to vote for; but voted for Bleclingly House, which he hath in Right of his Wife: And

That John Russell, William Russell, John Life, John Symonds, Richard Hayes senior, Richard Wright, Richard Miles, Richard Dewy, Ja. Samborne, John Hugget, Thomas Hugget, Mich. Burgis, Robert Bricklove, John Bradshaw, Thomas Northey, John Jewell, (fn. 1) [William Jewell,] Rich. Bromhall, Tho, Bromfeild, Wm. Gregory, had no Houses to vote for:

That they know no Robert Allen, nor Edward Haberfeild:

That John Gregory was dead.

That, on the other Side, to justify several of these Votes, was called,

Drake: Who proved a Deed of Conveyance to John Russell and Wm. Russell, dated the 20th of January 78: And

Mr. Drake said, That William Russell had voted before.

William Ball proved a Deed of Conveyance from

Edward Nicholas to Edward Haberfeild, dated 16th March 87:

Another Deed of the same Date, between John Glydd and Richard Bromhall:

Another Deed, dated 26th June 1688, between John Glydd and Thomas Bromfeild.

But Bromfeild's Deed was objected to; because it was only of Part of a Messuage.

Another Deed was proved, dated 14 April 1691, between Ralph Drake, and others, to Ri. Jewell and John Jewell, of all those Messuages called the Green Dragon, known by the name of the Shopps:

R. Jewell proved Fourscore and Ten Pounds paid on that Conveyance.

John Russell proved a Conveyance between William Grisbroke and Tho. Huggett, of Widow Tutchin's House: And the Consideration money was proved paid.

Wm. Grisbroke said, He gave his Son John Grisbroke a Burgage-house of 40s. a Year; and made a Conveyance to him.

John Russell said, That the School-master's House is a Burgage-house; and the Schoolmaster has voted formerly.

Richard Jewell said, That Blechingly House stands near the Middle of the Borough; and, in Writings, tis reckoned Two Burgage-tenures; and believes one Cooper voted for it in King James's Time.

Richard Hayes junior said, That Richard Hayes the elder has a House in the Borough, and paid 20 l. for it; and that he sold it him about 10th of September: And that he votes for another himself.

William Life proved a Conveyance, dated 10th September 95, between Richard Hayes junior and Richard Hayes senior.

That it was insisted, on behalf of the Sitting Member, That he had Witnesses to make good the Exceptions taken to several Votes, endeavoured to be justified by the Petitioner; and particularly to prove some of the Deeds to be made in Trust: But the Committee were of Opinion, That, if the Sitting Member had had such Evidence, it ought to have been offered, when he first made his Objections against those Voices.

And that the Committee came to these Resolutions; viz.

. . . . . . That it is the Opinion of this Committee, That Maurice Thompson Esquire is not duly elected a Burgess to serve in this present Parliament for the Borough of Blechingly, in the County of Surrey.

Resolved, That it is the Opinion of this Committee, That George Evelyn Esquire is duly elected a Burgess to serve in this present Parliament for the said Borough of Blechingly.

The First Resolution being read a Second time;

Resolved, That the Consideration of the Merits of the Election for the Borough of Blechingly be re-committed.

Ordered, That the Merits of the said Election be heard, by the Committee of Privileges and Elections, upon Tuesday next, in the Afternoon.

Ordered, That the said Committee do hear the Evidence, on both Sides, not already heard.

Bringing Plate to be coined.

Ordered, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider of the Bill to encourage the Bringing in of milled, broad, and unclipped, Monies, to be exchanged, by Commissioners in the several Parts of this Realm, with the common People, for their clipped Monies; and for the Encouragement of Persons to bring Plate into the Mint, to be coined.

Supply.

Ordered, That the Report from the Committee of the whole House, to whom it was referred to consider of the Supply to be granted to his Majesty, for carrying on the War against France; and to consider of an Imposition upon French Goods; be made To-morrow Morning.

Encouraging Seamen.

Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for the Increase and Encouragement of Seamen.

Supply Bill; Duties on Wine, &c.

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

Committees.

Ordered, That all Committees be revived.

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