House of Commons Journal Volume 11: 22 February 1696

Sabbati, 22 die Februarii;

8° Gulielmi Tertii.

Prayers.

Baliol College Estate.

AN ingrossed Bill to ascertain and settle the Payment of the Impropriate Tythes of the Parish of St. Laurence, Old Jewry, in London, to the Master and Scholars of Baliol College in Oxford; and for confirming an Award made concerning the same; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to ascertain and settle the Payment of the Impropriate Tythes of the Parish-Church of St. Laurence, Old-Jewry, in London, to the Master and Scholars of Baliol College in Oxford; and for confirming an Award made concerning the same.

Ordered, That Mr. Harcourt do carry the Bill to the Lords, and desire their Concurrence thereunto.

Alienating Lands in Mortmain.

A Bill to enable the King, his Heirs and Successors, to grant Licence of Alienation of Lands in Mortmain, was read a Second time.

Resolved, That the Bill be committed to Mr. Conyers, Sir Jacob Ashley, Mr. Heveningham, Mr. England, Lord Cornbury, Doctor Oxendon, Mr. Harcourt, Mr. Mountague, Mr. Waller, Mr. Nicholas, Mr. Sloan, Mr. Lawton, Mr. Baldwyn, Sir Geo. Hungerford, Mr. Colt, Mr. Brewer, Mr. Blofeild, Sir Marm. Wivell, Sir John Key, Mr. Burdet, Sir Richard Onslow, Mr. Fuller, Mr. Watlington, Sir Tho. Mompesson, Mr. Frewen, Lord Coningsby, Mr. Moncton, Mr. Blake, Mr. Lowther, Mr. Farrer, Mr. Osborne, Mr. Norris, Colonel Granvill, Mr. Gardner, Lord Pawlet, Mr. Pepys, Sir Rob. Cotton And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Fines of ancient Demesne Lands.

An ingrossed Bill concerning Fines, with Proclamations, levied of ancient Demesne-lands, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for proclaiming, and making effectual, Fines levied of ancient Demesne-lands.

Ordered, That Mr. Conyers do carry the Bill to the Lords, and desire their Concurrence thereunto.

Guineas coined.

Ordered, That the Committee, to whom the Consideration of the Account of what Guineas have been coined in his Majesty's Mint, within the Tower of London, since Lady-day last, and for whom, was referred, have Power to inquire into what Silver has been exported since Ladyday last.

Servants Wages.

Ordered, That all the Members that serve for the Counties of York, Essex, Cornwall, and Suffolk, be added to the Committee, to whom the Bill for the more easy Recovery of Servants Wages is committed: And that all that come have Voices.

Encouraging Gardening.

The Lord Coningsby, according to Order, presented to the House a Bill for the encouraging the Trade of Gardening.

And the Bill was read the First time:

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

It passed in the Negative.

Raising Militia.

A Bill for raising the Militia for the Year 1696, notwithstanding the Month's Pay, formerly advanced, be not repaid, was read a Second time.

Resolved, That the Bill be committed to the Committee of the whole House, to whom the Bill for punishing Officers, and Soldiers, who shall mutiny, or desert his Majesty's Service; and for punishing false Musters; and Payment of Quarters; is committed.

Barkham's Estate.

An ingrossed Bill, from the Lords, intituled, An Act for making good the last Will of Sir William Barkham Baronet, deceased; and vesting of Lands in Trustees, to be sold, for Payment of his Debts, and making Provision for his Children; was read the First time.

Resolved, That the Bill be read a Second time.

Hackney Coachmen.

Ordered, That the Bill for Relief of several Hackney Coachmen be read a Second time, upon Monday Morning next.

Plantation Trade.

Resolved, That this House will, upon Thursday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for preventing Frauds, and regulating Abuses, in the Plantation-Trade.

Cricklade 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 Cricklade, in the County of Wilts, 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 divers of the Burgesses of Cricklade, complaining of want of due Notice at the Election of Burgesses to serve for the said Borough of Cricklade:

The Committee have examined the Matter of the said Petition.

And, as to that Matter, it appeared, That Notice was given at Two a Clock, That the Election would be at Nine the next Day:

That it appeared also to the Committee, That Application had been made to the Bailiff, to put off the Election to a further Time; and he refused so to do.

That the Petitioners called,

Mr. Israel Hayes: Who said, That the Bailiff, the Day before the Election, refusing to put off the Election to a further time, and denying to give a Lift of such Persons as had a Right to vote, Mr. Styles, One of the Candidates, next Morning at Ten of the Clock went out of Town.

Richard Skilling said, As to Two Persons; viz. One Watts, he was out of Town the Day before the Election; and that as to Fitzhugh, he was supposed to be at Gloucester; and did not come to Town till the Election was near over.

That it was agreed, That the Right of Election was in the Freeholders, Copyholders, and Leaseholders for not less than Three Years.

From whence the Petitioners Counsel argued, That it could not be presumed a reasonable Notice, because Deeds were necessary to be produced, to make out the Voters Right, which would require a longer time.

That, for the Sitting Members, were called,

Mr. Nevit Masculine: Who said, That when they were come to the Church, to elect, People were surprised that Mr. Styles did not appear; and that the Bailiff sent Three several Messages to him; but he did not think fit to come; and, upon the Third Message, word was brought, That he was gone out of Town; and thereupon, the Bailiff proceeded to take the Poll, upon the Advice of the Neighbours and Gentlemen then present: That Three Proclamations, at least, were made before the Closing of the Poll; and believes it was at least One before the Poll was closed: That, by the Bailiff's Lift, there could not be above Fifteen or Sixteen absent; some of which he knew would have been for the Sitting Members.

That it also appeared, by the Evidence of the said Mr. Masculine, and one Walter Colein, That there had been several Elections at Cricklade, upon as short Notice.

That, upon the Poll, the Numbers were thus;

And it appeared, by the Poll, That Eight of the Petitioners had voted at this Election; viz. John Miflin, Mark Pitt, Richard Painter, Wm. Palmer, John Flus, Guy Smart, Richard Adams, and William Betterton.

Thomas Weston proved another of the Petitioners to be in Cricklade at the time of the Election; viz. Anthony Reading.

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

Resolved, That it is the Opinion of this Committee, That Charles Fox Esquire, and Edmund Webb Esquire, are duly elected Burgesses to serve in this present Parliament for the Borough of Cricklade, in the County of Wilts.

Resolved, That it is the Opinion of this Committee, That the Petition of the Burgesses of the Borough of Cricklade, in the County of Wilts, complaining of an undue Election for the said Borough, is vexatious, frivolous, and groundless.

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

Privilege of a Member in a Suit.

Colonel Granville also reported, from the Committee of Privileges and Elections, the Matter, touching the Complaint of the Breach of Privilege against Sir Nathanael Nappier, a Member of this House; and of the Petition of the Lord Francis Pawlet, referred also to the said Committee; as the same 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.

That, to prove the Breach of Privileges, was produced a Copy of a Declaration, in Trespass, of Hilary Term last, for the Mesne Profits of a Farm in Portesham, in the County of Dorset, Part of the Estate of Sir Nathanael Nappier, in the Possession of Wm. Masterman, as his Tenant; which was sent down, by Mr. Edward Strode, by Letter dated 14 Jan. 1695, to one Mr. Thomas Cooper:

The Letter took notice, That Mr. Strode had before sent down the Writ; and did thereby send down the Declaration, which he desired might be delivered to the Attorney that appeared the first Day or Week in Term; and that he should tell the Attorney that appeared, He must plead thereto.

Mr. Patience said, That Sir Nath. Nappier, and his Ancestors, had been in Possession of this Farm for Twenty Years, and upwards:

That, in December last, Mr. Edward Strode sent down a Writ against Masterman, by which he was arrested; to which he appeared, by Masterman's Direction:

That the Latter-end of January he received the Declaration; and had since received Letters from Sir Nath. Nappier to desend it:

That, on the Third of February, be acquainted Mr. Strode, Mr. Eyres, and Mr. Townsend, That Sir Nathanael Nappier was concerned in the Estate, and would insist upon his Privilege; and, that since that time, Mr. Strode called upon him for a Plea: That he never heard from Mr. Eyres since he acquainted him with it: And, as for Mr. Townsend, he said, He was only employed to draw a Declaration between A, B, and C; and did not know who were the Parties.

Mr. Dean said, He did see a Lease from the Marquis of Winchester to Sir William Pawlett, for Ninety-nine Years, to commence from the Death of the Marquis of Winchester and the Lady Agnes; under which, Sir Nathanael Nappier claimed: That, according to the Date, the Lease was expired in 1694: But he had searched the Heralds Books, and found in some Places there was mention made of the Lady Anne, and sometimes of the Lady Agnes: That it was not very plain, whether she was the Person from whose Death the said Lease was to commence; but if she was the Person, by the Heralds Books, the Lease was still in being.

It was also proved, That, in Michaelmas Term last, a Bill was exhibited in the Exchequer, by the said Lord Francis Pawlet, against the said Sir Nath. Nappier, to stay Waste: To which Sir Nath. Nappier had appeared.

There was also produced the Minutes of a Motion, made by Mr. Strode, 13 January last, for an Injunction to stay Waste.

For the Petitioner, it was insisted,

That if there had been any Privilege, it was waved by the Defendant's appearing: And that they did not act after they had Notice, That Sir Nath. Nappier insisted upon his Privilege.

And they produced a Copy of a Letter from Mr. Dean to Mr. Strode; wherein, he takes Notice, That Sir Nathanael Nappier was concerned; and sent up an Affidavit to move for Judgment upon an Ejectment; and proposed to get an Injunction to stay Waste.

Albert Parkinson said, He waited upon Sir Nath. Nappier, to see if the Lease was in Being; and that Sir Nathanael said, The Lease was in the Country; and if any came from the said Lord Francis Pawlet there, he would shew it.

Tho. Bremon said, That he was sent by the Lord Francis Pawlet, about Three Months ago, Forty-five Miles, to Sir Nathanael Nappier, to see the Lease; but Sir Nathanael was not at home; and his Steward could not shew it.

That the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That the disturbing the Possession of William Masterman, Tenant of a Farm in Portesham, in the County of Dorset, Part of the Estate of Sir Nath. Nappier, a Member of this House, by causing an Action of Trespass to be brought against the said Masterman, for the Recovery of the Mesne Profits of the said Farm in Portesham, is a Breach of the Privilege of this House.

Resolved, That it is the Opinion of this Committee, That Edward Strode Esquire, having disturbed the Possession of the said William Masterman, by causing an Action of Trespass to be brought against the said Masterman, for the Recovery of the Mesne Profits of the said Farm in Portesham, is guilty of a Breach of Privilege of this House.

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 the disturbing the Possession of William Masterman, Tenant of a Farm in Portesham, in the County of Dorset, Part of the Estate of Sir Nathaniel Nappier, a Member of this House, by causing an Action of Trespass to be brought against the said Masterman, for the Recovery of the Mesne Profits of the said Farm in Portesham, is a Breach of the Privilege of this House;

The House divided.

The Noes go forth.

So it passed in the Negative.

Leave of Absence.

Ordered, That Sir Humphry Foster have Leave to go into the Country for a Fortnight, for Recovery of his Health.

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

Mr. Speaker,

Wallop's &c. Estate.

The Lords have passed a Bill, intituled, An Act to enable Trustees to make, and fill up, Leases of the respective Estate of Bluett Wallop Esquire, and John Wallop Gentleman, during their Minorities; and to purchase other Lands, by the Fines thereby to be received, to the same Uses as the Estates so to be leased are already settled: And also,

Eyme's &c. Nat.

A Bill, intituled, An Act for naturalizing Solomon Eyme, and others:

To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Brecon Election.

Colonel Granville also reported, from the Committee of Privileges and Elections, the Matter, touchng the Election for the County of Brecon, as it appeared to the said Committee; and the Resolution of the Committee thereupon; 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.

Upon the Petition of Sir Rowland Gwyn, complaining of an undue Election of Edward Jones Esquire for the County of Brecon;

The Committee have examined the Merits of that Election.

That, upon the Poll, the Numbers were thus;

But, for the Petitioner, it was insisted, That there were many ill Practices at the Election: And called,

Mr. Daniel Williams, Mr. Cha. Powell, Mr. Wm. Williams, Mr. John Phillips, Mr. Geo. Powell: The Substance of whose Evidence was, That the Poll, at this Election, lasted Six Days; and it used to last but Two Days:

That on the Saturday, about Five hundred appeared, and but Sixty-two polled:

That the Poll was adjourned at Three a Clock, at Mr. Jones' Request, when Sir Rowland Gwyn had polled but Two; and there were several for Sir Rowland ready to have polled; and, by reason of the Market on the Monday following, were not polled:

And that there was a Court-Leet, belonging to the Bishop of St. David's, ante-dated, and made at the time of the Election, as believed, to take off Sir Rowland's Voters; for that several who were for Sir Rowland were summoned to that Court:

That, on Tuesday, the last Day of the Poll, the Sheriff dismissed the Country, without Proclamation, at Three of the Clock, though desired to continue the Poll, and adjourned till Six; and then cast up the Poll; by which many were left unpolled; and, particularly, one Thomas Davis, who was present:

That, before the Sheriff adjourned, on Tuesday, Mr. Daniel Williams desired the Sheriff to call several of Sir Row. Gwin's Men; but he refused:

That, when the Poll was over, he desired to be present at the Casting up of the Poll (fn. 1) [but was denied]; and nobody was present for Sir Rowland at the Casting up of the Poll, although a Scrutiny was promised:

That they desired to make good several Exceptions that were taken at the time of the Polling; but That was not granted.

But that it appeared to the Committee, That there was One of each Side that did attend, to see the Poll fairly taken; and, if any was excepted to, they were sworn.

That one, that voted for Sir Rowland Gwin, was presently imprisoned by the Under-Sheriff.

That several Persons that voted for Mr. Jones, had confessed; viz.

That Wm. Howell, Ro. Rumsey, were threatened by Mr. Harcourt; John Williams, by Mr. Lod. Lewis; Edward Hughes, by Mr. Jeffries; Wm. Nicholas and Tho. Williams, by Mr. Morgan and Mr. Jeffryes; Tho. Morgan, by Mr. James Parry; by which Means, though they intended to be for Sir Rowland Gwyn, they were hindered from being for him:

That Geo. George had no Freehold; and yet swore himself to have 40 s. a Year; and said, He did it because he could not be quiet for Mr. Jones, and his Friends; and that Mr. Jones gave him 5s. for voting:

That Watkin Beavor promised to vote for Sir Rowland Gwyn, but voted for Mr. Jones; and said, He was persuaded to do so by Mr. Jeffryes and his Mother; who told him, He should be released of 38 s. Rent; and, accordingly, he was discharged of it:

That John Morgan was sined 20 s.; and Owen Morgan told him, He would discharge him, if he would vote or Mr. Jones:

That David Beavan had 4s. to buy him a Pair of Shoes, to vote for Mr. Jones:

That John Watkins was promised a grey Coat, and an Horse:

That One scrupled to swear; and Jenkin bid him swear like a Man; and then he took his Oath.

The Petitioner did insist, That he could disqualify several of the Voters for the Sitting Member: But, in regard of the former Resolutions of the House, the Committee did not think fit to hear him to the same.

For the Sitting Member, it was insisted.

That the Election was carried on with all Fairness: And called,

Mr. Harry Williams, Mr. Daniel Winter: Who said, There was an Agreement between the Candidates; and they cast Lots which Hundred should be polled first; and it came to Mr. Jones' Lot to choose the First Hundred:

That the Qualifications of the Electors were settled; and, among the rest, it was agreed, That those that had Leases for Lives, and Quakers that could make out their Estates, should vote:

That, before the Country was dismissed, the Sheriff asked, If they had any more Votes? And Mr. Daniel Williams called several; but they did not appear: Whereupon, at the Request of Mr. Mansell, who appeared for the Petitioner, the Sheriff dismissed the Country:

Brecon Election.

That the Sheriff did say, He was offered 100 l. to make a Double Return.

Mr. William Williams said, That the Sheriff asked, If there were any more to poll for Sir Ro. Gwyn? And, none appearing, he adjourned, to take an Account of the Poll: That B. James asked him, How the Election went; and said, 100 l. for 100 Voices for Sir Rowland Gwyn.

Mr. Godfry Harcourt denied, That he threatened Hughes; and said, That he only desired him to vote for Mr. Jones, being his Neighbour:

Edward Hughes denied, That Mr. Jeffryes ever threatened him in case he did not vote for Mr. Jones.

The Sitting Member insisted, He could disqualify several of the Petitioner's Voters: But, in regard of the former Resolutions of the House, he did not think fit to proceed in that Matter.

That, upon the whole Matter, the Committee came to this Resolution:

Resolved, That it is the Opinion of this Committee, That Edward Jones Esquire is duly elected a Knight to serve in this present Parliament for the County of Brecon.

The said Resolution, being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

Supply Bill; Duties on Wines, &c.

Ordered, That Leave be given, upon the Report of the Bill for continuing several Duties, granted by former Acts, upon Wine and Vinegar, and upon Tobacco, East-India Goods, and other Merchandize, imported, for carrying on the War against France, to offer a Clause for the taking off, or lessening, the Duty upon Irish Iron.

Ditto.

Sir Thomas Littleton, according to the Order of the Day, reported, from the Committee of the whole House, to whom the said Bill was committed, the Amendments, made by the Committee, 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.

Ordered, That the Consideration of the said Report be adjourned till Monday Morning next.

Encouraging Seamen:

Ordered, That the Report from the Committee of the whole House, to whom the Bill for the Increase and Encouragement of Seamen was committed, be made upon Wednesday Morning next.

And then the House adjourned till Monday Morning, Nine a Clock.