House of Commons Journal Volume 11: 18 February 1696

Martis, 18 die Februarii;

8° Gulielmi Tertii.

Prayers.

Bigg's Estate.

A BILL for vesting certain Lands of Tho. Bigg and Eliz. 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 Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for vesting certain Lands of Thom. Bigg and his Wife, in Chislet, in the County of Kent, in Trustees, for Payment of Debts, and making Provision for their Children.

Ordered, That Sir William Honeywood do carry the Bill to the Lords, and desire their Concurrence thereunto.

Servants Wages.

A Bill for the more easy Recovery of Servants Wages was read a Second time.

Resolved, That the Bill be committed to Sir Hen. Dutton Colt, Sir Tho. Littleton, Sir Wm. Ashurst, Mr. Phillipps, Sir John Bolles, Mr. Onslow, Mr. Vaughan, Sir John Wolstenholm, Mr. Gardner, Mr. Manly, Mr. Colt, Mr. Daniell, Mr. Watlington, Mr. Bagnold, Lord Coningsby, Sir Robert Cotton, Mr. Burdet, Sir Robert Clayton, Mr. Harley, Mr. Foley, Mr. Thornhagh, Mr. Arnold, Sir Wm. Williams, Sir John Bucknall, Mr. Lowther, Mr. Blofield, Mr. Nicholas, Mr. Moyle, Mr. Thompson: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber:

And it is to be an Instruction to the said Committee, That they do ascertain the Wages to be recovered by the said Bill.

Oaths of Supremacy in Ireland.

Ordered, That Lord Castleton, Mr. Shackerley, Mr. Pocklington, Mr. Moore, Mr. Pendarvis, Mr. Hammond, Sir Fra. Molineux, Mr. Dolben, Mr. Lebanks, Mr. Osborn, Mr. Brereton, Mr. Colt, Sir Godf. Copley, Mr. Done, be added to the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for altering Part of an Act, made in the Third Year of his Majesty and the late Queen, intituled, An Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths, is committed.

Highway Laws.

Ordered, That Sir Andr. St. John, Mr. Thornhaugh, Lord Cornbury, Mr. Mountague, Mr. Bridges, Mr. Brotherton, Mr. Cox, be added to the Committee, to whom the Consideration of the Petition of the Western Carriers, and others, is referred.

Baliol College Estate.

Mr. Harcourt reported from the Committee, to whom the Bill to ascertain and settle the Payment of the Impropriate Tythes of the Parish of St. Lawrence, Old Jewry, London, to the Master and Scholars of Baliol College in Oxford; and for confirming an Award made concerning the same; was committed; That they had examined the same; and made one Amendment to the 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 was twice read; and disagreed unto by the House.

Ordered, That the Bill be ingrossed.

Courts Baron.

A Bill to ascertain the Jurisdiction of Courts Baron; and regulate Proceedings in inferior Courts; was read the First time.

And the Question being put, That the Bill be read a Second time;

It passed in the Negative.

Darwent Navigation.

A Petition of the Mayor and Commonalty of the City of York was presented to the House, and read; setting forth, That their Trade and Commerce with their Neighbours doth very much depend on the Navigation of the River Ouze; and that if the River Darwent, in the County of Derby, should be made navigable, it will be very prejudicial to the Petitioners said Commerce and Trade: And praying, That the House will not pass any Act for making the said River of Darwent otherwise navigable than now it is.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Bill for making the said River of Darwent navigable is committed.

Darwent Navigation.

A Petition of the Tradesmen and Inhabitants of the Town of Gainsborough, in the County of Lincoln, was presented to the House, and read; setting forth, That, the Petitioners conceive, the Bill for making of the River Darwent, in the County of Derby, navigable, will be such a general Good, and such an Increase of Trade, that it will mightily over-balance all the Arguments that have or can be offered against the said Navigation: And praying, That the said River may be made navigable.

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

Guineas coined.

Ordered, That the Consideration of the Account, formerly presented to the House, of what Guineas have been coined in his Majesty's Mint within the Tower of London, since Lady-day last, and for whom, be referred to the Committee: And that they do examine the Matter; and report the same, with their Opinion therein, to the House:

And it is referred to Mr. Colt, Sir Rich. Onslow, Sir John Bolles, Sir Sam. Barnardiston, Sir Jos. Tyly, Mr. Bridges, Mr. Arnold, Sir Wm. York, Mr. Ogle, Sir Gerv. Elwes, Lord Digby, Mr. How, Sir Godf. Copley, Mr. Hoare, Lord Ashley, Sir Tho. Day, Mr. Molesworth, Mr. Yates, Mr. Bromley, Mr. Morgan, Mr. Sloan, Sir Tho. Pope Blount, Mr. Monstevens, Sir Cha. Carteret, Mr. Norres, Sir Steph. Evance, Mr. Boyle, Mr. Harley, Mr. Cooper, Sir Robert Cotton, Colonel Granvill, Sir Henry Colt, Mr. Elwill, Mr. Baldwyn, Mr. Lownds, Sir Henry Hobart, Lord Pawlet, Mr. Palmes, Mr. Biddulph, Sir Tho. Middleton, Sir Hen. Goff, Mr. Brotherton, Sir Walt. Yong, Sir Robert Clayton, Sir Robert Davers, Mr. Moore, Sir Rich. Atkins, Sir Edw. Seymour, Sir John Austen, Mr. Bethell, Mr. Whitacre; Sir Cha. Windham: 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.

Bristoll Waterworks.

Ordered, That Mr. Henley, Mr. Mawdit, Mr. Swift, Mr. Brotherton, Mr. Baldwyn, Sir John Bucknall, Mr. Sands, Mr. Bethell, Mr. Cox, Mr. Mountague, be added to the Committee, to whom the Bill for the better supplying the City of Bristoll with fresh Water is committed.

Coparcenary Lands.

Mr. Tredenham, according to Order, presented to the House a Bill for the more easy obtaiming Partitions of Lands in Coparcenary: And the same was received.

Fines of ancient Demesne Lands.

Mr. Conyers reported from the Committee, to whom the Bill for proclaiming Fines of ancient Demesne-lands was committed, That they had examined and considered the same: and directed him to report the same to the House, without any Amendment: And he delivered the same in at the Clerk's Table.

Ordered, That the Bill be ingrossed.

Select Vestries.

A Petition of the Churchwardens, and other sufficient Inhabitants, of the Parish of St. George the Martyr, in Southwark, in the County of Surrey, was presented to the House, and read; setting forth, That the said Parish has, before the Memory of Man, been governed by a select Vestry of Twenty-five Persons, who have hitherto managed the Affairs of the Parish, to the Satisfaction of the Inhabitants: That there is a Bill now depending in the House, for Regulating of select Vestries, and preventing Abuses arising thereby; which may tend to alter their ancient Constitution: And praying, That they may be heard, by Counsel, against the said Bill.

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

Marshal's Court.

Ordered, That the Bill to regulate and restrain the Proceedings in the King's Court of the Palace of Westminster, called the Marshal's Court, be read a Second time upon this Day Sevennight.

Council of Trade.

A Bill for constituting a Council of Trade was, according to Order, read a Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

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

Leave of Absence.

Ordered, That Mr. Henry Pelham have Leave to go into the Country for Ten Days, his Lady being very ill.

Garbling Spices.

Ordered, That the Report from the Committee, to whom the Petition of the West-India Merchants, relating to the Garbler of Spices, was referred, be made upon Friday Morning next.

Limington Election.

Colonel Granville, according to the Order of the Day, reported from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Limington, in the County of Southampton, as it appeared to the said Committee, 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 John Pitt Esquire, and William Clark Esquire, complaining of an undue Election and Return of John Burrard Esquire, and Thomas Dore Esquire, for the Borough of Limington, in the County of Southampton:

The Committee have examined the Merits of that Election.

That, for the Petitioners, it was insisted, That Lymington was a Borough by Prescription; and the Right of Election was in the Mayor, Burgesses, and Commonalty of the Borough paying Scot and Lot.

That, on the other Side, it was insisted, That Lymington was a Corporation by Prescription; and the Right of Election was in the Mayor and Burgesses only.

And it was agreed, That if the Right was as is alleged by the Petitioners, that the Petitioners were elected; and that if the Right was as is alleged by the Sitting Members, that the Sitting Members were elected.

That, to prove the Right in the Mayor, Burgesses, and Commonalty, the Petitioners produced several Returns; viz.

26 Eliz. Which says, the Mayor, and Five Burgesses, and Four more in the Return named, and others of the Commonalty, elected.

28 Eliz. In the same Form.

30 Eliz. In the same Form.

39 Eliz. In the same Form.

43 Eliz. In the same Form.

That, for the Sitting Members, to prove the Right of Election in the Mayor and Burgesses only, was produced the following Returns; viz.

1° Jac. Which says, The Mayor, and Thirteen Burgesses therein named, elected:— The Return under their Seals.

21 Jac. The Mayor, and Eight therein named, and other Burgesses, elected.

18 Jan. 1° Car. I. Mayor, and Burgesses generally, elected:— The Return under the Common Seal.

12 Apr. 1° Car. I. Mayor, and Burgesses elected:— The Return under their Seals.

3° Car. I. Mayor and Burgesses elected:— The Return under their Seals.

15 Car. I. The same Form.

16 Car. I. Mayor and Burgesses elected:—The Return under the Common Seal.

That, further to prove Lymington a Corporation by Prescription, the Sitting Members produced Two ancient Deeds; viz. One dated, Die Veneris, in festo sancti Cuthberti, 7° Ed. III. being a Grant from the Burgesses and Community of the Town of Southampton, to Wm. Littlecare and Roger Gust, of New Lymington, and the Burgesses of the said Town, and their Successors, of certain Privileges:

That the other Deed was dated, 10 H. IV.; and was a Grant by Robert Draper, who is called Præpositus novw Lymington, and the Burgesses of the said Town, of a Piece of Land to John Pepwhit, his Heirs and Assigns: —This Grant was under the Common Seal.

That, upon the whole Matter, the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the Borough of Lymington, in the County of Southampton, is not in the Mayor, Burgesses, and Commonalty of the said Borough paying Scot and Lot.

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the said Borough of Lymington is only in the Mayor and Burgesses of Limington.

Resolved, That it is the Opinion of this Committee, That John Burrard and Thomas Dore Esquires are duly elected Burgesses to serve in this present Parliament for the said Borough of Limington.

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

Blechingly Election.

Colonel Granvill also reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Blechingly, in the County of Surrey, as it appeared to the Committee, upon the First Hearing before the said Committee; and the Resolutions of the Committee thereupon, and also the Matter of Fact, upon the new Evidence before them, upon the Recommitment; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

That the Committee, upon the Re-commitment of the Consideration of the Merits of the Election of Blechingly, have heard the Evidence on both Sides, not before heard, according to the Instruction given them upon the Re-commitment.

And, to answer the Evidence given by Mr. Drake, to justify the Votes of John Russell and William Russell; which Drake proved a Deed of Conveyance to John Russell and William Russell, dated 20th January 1678;

For the Sitting Members, were called,

Blake: Who said, He lived in the House supposed to be John Russell's; but paid his Rent to his Father, till the Half-year ending at last Michaelmas: And he said, John Russell brought in Shaw before Michaelmas, to repair his House; and had voted before.

William Withers said, He lived in the House owned by Wm. Russell; but his Father John Russell received the Rent; and particularly the Rent due at last Michaelmas; and that he paid the Rent to his Father, in his own Right: But said, That William Russell, Four Years ago, did say, That House was his.

As to Edward Haberfeild, whose Tenant was Bennet; they called,

Jer. Bennet: Who said, He paid his Rent to Esquire Evelyn; and never heard that Mr. Haberfeild was his Landlord.

As to Richard Jewell and John Jewell, to whom, it was proved, there was a Conveyance of all those Messuages called the Green Dragon, known by the Name of the Shopps; they called,

Thomas Burton: Who said, It was anciently but One Vote:

That as to Thomas Hugget's House, he never knew it have any Vote before: That Grisbrooke had it many Years, and never voted for it: But said, Grisbrooke had another House at the same time:

That John Grisbrook was a Minor; and proved, by a Copy of the Register, That he was baptized 11th of August 1675.

William Miles, Wm. Gourd, said, Blechingly House was a Customary House, and Customary Houses, had no Vote; and that Nicholas Cooper did not vote for it, as was testified by Jewell; but was turned back: And named his own, and other Customary Houses in the Borough, that had no Votes.

Thomas Burton said, That Richard Hayes junior had but One House that formerly voted; That the House the old Man bought was upon the Up-land, and had no Vote: But he further said, That Richard Hayes junior his House had been made into Two Tenements near Twenty Years; and, though they were under One Roof, they had Two Doors to the Street.

The Petitioners called only One Witness; viz.

John Russel senior: Who said, That he accounted for the Rent he received of William Withers to his Son William Russell; and both his Sons had voted several Years; and Five or Six Years for Sir Robert Clayton.

And also the former Report was read.

And the Question being put, That Maurice Thompson Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Blechingly, in the County of Surrey;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

A Message from the Lords, by Sir Miles Cooke and Sir Lacon William Child:

Mr. Speaker,

Heron's Estate.

The Lords have passed a Bill, intituled, An Act to enable Sir Charles Heron Baronet to sell Lands, for Payment of a Portion, and Debts: And also,

Ryder's Estate.

A Bill, intituled, An Act to confirm and establish an Exchange made between Thomas Ryder Esquire and Christopher Clithero Esquire, of certain Messuages in London, for the Manors of Bilsington, and other Lands, in Kent, of the like Value:

To which they desire the Concurrence of this House.

Naffan's Nat.

Also, the Lords have agreed to the Bill, intituled, An Act for naturalizing Henry de Nassau, and other Children of Seignor D' Awverquerk, without any Amendments.

And then the Messengers withdrew.

Wells Election.

Colonel Granville also, according to Order, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the City of Wells, as it appeared to the said Committee, 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 Harry Bridges Esquire, complaining of an undue Election and Return of Edward Berkly Esquire to serve for the City of Wells;

The Committee have examined the Merits of the Election.

That the Petitioner insisted, the Right of Election was in the Mayor, Burgesses, and Inhabitants paying Scot and Lot.

On the other Side, it was insisted, for the Sitting Member, That the Right of electing was in the Mayor, Masters, and sworn Burgesses, only; and that no Poll was duly demanded for the Inhabitants.

That, for the Petitioner, were called,

Samuel Phelp, Ri. Thomas, Wm. Merifeild: Who testified, That at the last Election, a Poll was taken on behalf of all the Freemen of Wells; and the Poors Book was brought: That, a little after the Precept was read for this Election, Sam. Phelp, being a Freeman, and desired by about 150 Freemen then present, who were for the Petitioner, did demand a Poll on their behalf; and the Mayor said, He would consider of it: That the Mayor took the Poll of the Burgesses; and then declared the Sitting Members elected without Polling the Inhabitants:

That Phelps, upon the Declaration, did say, That he had nothing more to say, for his Part.

But the said Witnesses could not say, That after the Burgesses were polled, nor all the time they were casting up the Numbers, and before the Declaration of the Election, any Poll was demanded; and that Mr. Bridges was present, and did not demand the Poll: But, after the Election was over, many of the Inhabitants followed the Mayor, and demanded to be polled; which he refused: And thereupon, afterwards, at least Sixty of the Inhabitants signed an Indenture for the Petitioner.

That, for the Petitioner, was also produced King John's Charter to Wells; by which it is granted, Quod homines ejusdem, & hæredes eor', liberi sint burgenses:

And the Returns following;

17 Edw. IV. Magister Wellen' & communitas ejusdem civitat' eleger'.

30 Eliz. In the same Form.

31 Car. Mayor, Master, and Burgesses, elected John Hall and Wm. Coward Esquires. And

Wm. Meryfeild, Ri. Gallington, testified, That Mr. Berkly was, at that time, elected by the greater Number of the Burgesses: But Mr. Hall carried by the Addition of several Freemen; which gave him the Majority: And that Counsellor Keen took the Poll of the Freemen:

And Gallington said, He was a Freeman, and no Burgess; and voted for Mr. Hall at that Election.

That, for the Sitting Member, was called,

Mr. Trim, the Town-Clerk: Who said, That he was at the last Election: That Mr. Serjeant Coward, Colonel Windham, and Colonel Berkly declared, That they would be elected by the sworn Burgesses:

That the Petitioner said nothing, but polled as a Burgess: That, when Phelps demanded the Poll, he told him, He might have the Manners to let the Burgesses poll first: That, during the time the Burgesses was casting up, all was quiet; and that the Mayor declared the Poll: And that Colonel Windham said to Phelps, You had something to say e'en now; What do you say? And Phelps answered, He had nothing to say:

That the Petitioner was present when the Mayor declared; and never demanded a Poll; That only One Burgess voted for the Petitioner; but there were a great many Freemen in the Hall: And afterwards (fn. 1) [they adjourned] to the Common Council-House; where the Indentures were sealed.

For the Sitting Member were also produced several Returns; viz.

1° Ph. & Mar. Magister burgi de Welles, & burgenses ejusdem burgi, elegerunt.

14 Eliz. Magister, & burgenses, elegerunt.

39, 43 Eliz. 1 Jac. 3 Car. 15 Car. 13 Car. IIdi 25 Car. IIdi. Mayor, Masters, and Burgesses, elected.

Richard Fryer, aged 68 Years, said, He knew Sir Ralph Hopton and Mr. Baker elected, before the War broke out, by the Mayor, Master, and Burgesses; and that he believes he was present at Esquire Hall's Election; and that Mr. Hall was elected in the same manner.

That, upon the whole Master, the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That the Right of electing Citizens to serve in Parliament for the City of Wells, in the County of Somerset, is only in the Mayor, Masters, and Burgesses, of the said City.

Resolved, That it is the Opinion of this Committee, That Edward Berkly Esquire is duly elected a Citizen to serve in this present Parliament for the City of Wells.

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

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