House of Commons Journal Volume 11: 4 March 1696

Mercurii, 4 die Martii;

8° Gulielmi Tertii.

Prayers.

Dawson's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act for vesting Part of the Estate of Joseph Dawson Esquire, in Trustees, for Payment of Debts, and for Provision for the Maintenance and Marriage of his Daughters, was read a Second time.

Resolved, That the Bill be committed to Mr. Farrer, Sir St. Andr. St. John, Mr. Whitaker, Mr. Baldwyn, Sir Har. Hobart, Mr. Bertie, Mr. Pocklington, Sir Wm. York, Sir Robert Davers, Mr. Poulteney, Mr. Clarke, Mr. England, Mr. Molesworth, Sir Cha.Cartaret, Sir Rowland Gwynn, Sir Jac. Ashley, Mr. Foley, Mr. Duke, Mr. Sandford, Mr. Bromley, Mr. Bohun, Mr. Burdet, Mr. Sloane, Mr. Lukener, Sir Tho. Day, Mr. Colt, Mr. Cary, Sir Edw. Abney, Mr. Blofeild, Sir Walter Yonge, Sir William Lowther, Mr. Brewer, Sir John Bolles, Mr. Staines: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.

Bristoll Hospitals, &c.

Sir Thomas Day according to Order, presented to the House a Bill for the Erecting of Hospitals and Workhouses within the City of Bristoll, for the better employing and maintaining the Poor thereof: And the same was received.

Ordered, That the Bill be read To-morrow Morning.

Rotherhith Dock.

An ingrossed Bill to enable Trustees to raise Money for making a wet Dock, and improving the Estate of the Marquis and Marchioness of Tavistock, at Rotherhith, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to enable Trustees to raise Money for the making a wet Dock, and improving the Estate of the Marquis and Marchioness of Tavistock, at Rotherhith, in the County of Surrey.

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

Stretton, &c. Parishes.

A Bill for making the Towns of Stretton and PrinceThorpe, in the County of Warwick, a separate Parish from Woolston, was read the First time.

Resolved, That the Bill be read a Second time.

Lord Tunbridge's, &c. Nat.

An ingrossed Bill to naturalize William Viscount Tunbridge, and other Children of the Earl of Rochfort, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to naturalize William Viscount Tunbridge, and other Children of the Earl of Rochfort.

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

Committees.

Ordered, That all Committees be revived.

Prohibiting India Silks, Callicoes, &c.

Ordered, That the Consideration of the Petition of the Say-makers and Worsted-yarn-makers, in the Counties of Suffolk and Cambridge, formerly presented to the House, be referred to the Committee, to whom the Petition of the Weavers of Canterbury was referred.

Woolbruggers, &c.

A Petition of the Master, Wardens, and Assistants, of the incorporated Company of Clothiers in the City of Worcester, was presented to the House, and read; setting forth, That the Petitioners have, for many Years past, kept at Work many Thousands of poor People, who have constantly had a comfortable Subsistence by the same; but, of late, there hath been great Abuses committed by Wool-broggers and Engrossers, who have bought up vast Quantities of Wool; who hold the same up at such exorbitant Rates, above what it used to be sold for, that it is to the great Prejudice of the Grower, and the Ruin of the Manufacturer; who must lay down their Employment; and the Poor unavoidably perish for want of Work: And praying, That this intolerable Grievance may be redressed, by making such a Law as may effectually suppress the same for the future.

And a Motion being made, and the Question being put, That the Consideration of the said Petition be referred to a Committee; and that they do examine the Matter thereof; and report the same to the House;

It passed in the Negative.

Supply Bill; Duty on French Goods.

Mr. Clarke, according to Order, presented to the House a Bill for granting to his Majesty an additional Duty upon all French Goods and Merchandize.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Red-Lion-Square (St. Andrews Holborn) new Parish.

A Bill for making Part of the Parish of St. Andrews, Holborn, a new Parish, was, according to Order, read a Second time.

And a Petition of the Inhabitants of Red-lyon Square, Bedford Walk, &c. formerly presented to the House, was read; setting forth, That * * * *

And the Question being put, That the Bill be committed;

It passed in the Negative.

A Message from the Lords, by Sir Miles Cook and Sir Richard Holford:

Mr. Speaker,

Jones', &c. Estate.

The Lords have passed a Bill, intituled, An Act for settling the personal Estates of Richard Jones Esquire, and Mary Gyfford Spinster, Minors, in Trustees, for the Purposes therein mentioned: To which they desire the Concurrence of this House:

Stanhope's Nat.

And also have agreed to the Bill, intituled, An Act for naturalizing James Stanhope Esquire, without any Amendment:

Taking off Obligation to coin Guineas.

And also have agreed to the Bill, intituled, An Act for taking off the Obligation and Encouragement for coining Guineas, for a certain Time therein mentioned, with some Amendments: To which Amendments they desire the Concurrence of this House.

And then the Messengers withdrew.

Totnes Election.

Colonel Granville, according to Order, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Totnes, in the County of Devon, 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 Sir Richard Gipps Knight, and James Bateman Esquire, complaining of an undue Election of Sir Edward Seymour, and Edward Yard Esquire, for the Borough of Totnes;

The Committee have examined the Merits of that Election.

That, upon the Poll, the Numbers were thus;

But that, for the Petitioners, it was insisted, That 32 that had Right, and were for the Petitioners, were denied to be polled:

That the Right of Election was in the Freemen inhabiting within the Borough; and that 10, that voted for the Sitting Members, were not so qualified.

Totness Election.

Upon the Petitioners own Evidence, 4 of the 32 were disfranchised: And, as to the remaining 28, they were made free under the late King James's Charter; so that their Freedom seemed to depend upon the Validity of that Charter.

And, as to that Matter, it appeared to the Committee, That an Instrument of Surrender of the Charter of Totnes had been made in King Charles the IId's time; but that Surrender had never been inrolled; however, upon executing of the Instrument of Surrender, the said late King James did grant a new Charter to the said Borough; and, by that, appointed the Mayor, Recorder, Justices of the Peace, and Assistants to the Mayor of the said Borough, and some Freemen; and that, under this Charter, these Freemen were made; that, after the Proclamation for Restoring of Charters, the old Magistracy resumed their several Offices, and those appointed by King James's Charter never pretended to act since; nor could the Petitioners prove, That the Freemen made by the said King James's Charter had ever voted, or claimed to vote, at any Election since.

Yet the Petitioners insisted, That though King James' Charter was not valid; yet, if those that were made free had a Right to demand their Freedom, they were well made free by such as then acted in the Magistracy.

And, to prove their Right, they called,

Mordecai Cockey, Luke Short: Who proved Mordecai Cockey, John Brooking, Christ. Farwell, Richard Short, were all Sons of Freemen:

They also proved some of them to have been Apprentices in Totnes; but they could not speak positively as to their Masters being Freemen.

Farwell and Horace, said, That Sir Richard Gipps had demanded the Mayor to poll these Persons; and began with Doctor Burthogg; but the Mayor said, He could not allow the Men made free by King James' Charter.

That, to prove the Right in the Freemen inhabiting,

They produced a Copy of the Freeman's Oath; whereby they swear not to claim, or occupy, the Liberties of the Town, but during such Time as they shall dwell and inhabit within the said Town.

That the Counsel for the Sitting Members admitted, That as to Six that voted for them, they did live out of Town at the Time of the Election; but that one was a Magistrate of Totnes, and the other had not lived out of Town Three Months.

That, however, for the Sitting Members, it was insisted, That the Freemen not inhabiting within the Town, as well as those that did, had a Right to vote; and that though a Breach of an Oath might be a good Cause for a Disfranchisement, yet it did not ipso facto do it.

That, for the Sitting Members, were called,

James Bucklie, Rich. Cockie, John Wilkins: Who said, That Sir Richard Gipps demanded the Mayor to poll the Freemen by King James' Charter; that the Mayor told him, All that he knew had a Right had been already polled; but, in case he could call any more, he would admit them:

Whereupon, the said Sir Richard Gipps, holding a List of Names in his Hand, named Doctor Burthogg; and the Mayor said, He did not allow him; and so Sir Richard named no more:

That, on the Sixth of November before the Election, being at the Mayor's, and discoursing of the Election, Sir Richard Gipps said, He was commanded by the King to stand; and that, if he had not One Voice, he should sit; for he had as great an Interest with the King as any Man in England; and that he could procure 500 l. a Year for the Corporation: That, at the Election, he stood up, and told Sir Edward Seymour, He had not opposed him, but that he was commanded by the higher Powers; and, being desired to explain himself, or he might hear of it in another Place, he said, He was commanded by his Wife: That, after the Election was over, he said, He would give any Man 50 l. to lay him 100 l. that he did not carry it in St. Stephen's Chapel:

That, 11th of this Month, Sir Richard Gipps said, at the Mayor's Lodgings, Now he should lose it, right or wrong; for Sir Edward Seymour had such an Interest in the House.

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

Resolved, That it is the Opinion of this Committee, That the Persons made free by the late King James' Charter to the Borough of Totnes, in the County of Devon, have no Right to vote in Electing of Members to serve in Parliament for the said Borough, by virtue of such Freedom.

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the said Borough of Totnes is in the Freemen not inhabiting, as well as the Freemen inhabiting, within the said Borough of Totnes.

Resolved, That it is the Opinion of this Committee, That Sir Edward Seymour, and Edward Yard Esquire, are duly elected Burgesses to serve in this present Parliament for the said Borough of Totness.

Resolved, That it is the Opinion of this Committee, That the Petition of Sir Richard Gipps, complaining of an undue Election for the said Borough of Totnes, 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.

Resolved, That Sir Richard Gipps, having preferred to this House, a frivolous, vexatious, and groundless, Petition, relating to the Election of Members to serve in this present Parliament for the Borough of Totnes, in the County of Devon, be taken into the Custody of the Serjeant at Arms attending this House.

Resolved, That Sir Richard Gipps do make Satisfaction to the Members of this House he petitioned against, for the Costs and Expences they have been put unto by reason of such Petition.

Fees on Proceedings of the House.

Ordered, That Sir Jos. Williamson, Sir Edw. Seymour, Sir Chr. Musgrave, Mr. Harley, Sir Walter Yonge, Sir Rich. Onslow, Sir John Kay, Sir Godfry Copley, Colonel Granville, Mr. Bertie, Lord Pawlet, Sir Jac. Ashly, Mr. Brotherton, Mr. Boscawen, Mr. Lowther, Mr. Papillon, Mr. Smith, Mr. Woodroffe, Mr. Palmes, Mr. Halsey, Doctor Oxenden, Sir Wm. Lowther, be added to the Committee, to whom the Fees relating to the Proceedings of this House are referred: And that they do sit de die in diem: And are impowered to send for Persons, Papers, and Records.

Tregony Election.

Ordered, That the Report, from the Committee of Privileges and Elections, for the Borough of Tregony, in the County of Cornwall, be made To-morrow Morning.

Leave of Absence.

Ordered, That Sir Wm. Coryton have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Ordered, That Sir Fra. Molyneux have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

Wilton Bridge.

Mr. Thomas Foley, according to Order, presented to the House a Bill for Repeal of an Act made in the 39th Year of the Reign of Queen Elizabeth; and for taking off the Duty of Pontage payable at Wilton Bridge, near Rosse, in the County of Hereford: And the same was received.

Vesting Tutbury in the Crown.

The House resumed the adjourned Debate upon the special Report concerning Mr. Rupert Browne, relating to the Bill for re-vesting in his Majesty the Honour of Tutbury, Forest of Needwood, several Parks, Manors, Lands, and Offices, and other Profits, thereunto belonging; and vacating certain Letters Patents therein mentioned:

And a Clause was offered to be added to the Bill, That Rupert Brown should be at Liberty to proceed in a Bill of Review in Chancery, for Reversal of a Decree in this Bill mentioned, &c.

And the same was twice read; and, with some Amendments, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

Another Clause was offered, to be added to the Bill, That the Honour of Tutbury, and Forest of Needwood, by this Act re-vested in the Crown, shall not be alienated from the Crown:

And the same was twice read; and, upon the Question put thereupon, agreed unto by the House, to be made Part of the Bill.

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

English East India Company.

A Bill for settling and regulating the Trade to the East-Indies was, according to Order, read the First time.

Resolved, That the Bill be read a Second time.

Ways and Means.

Ordered, That the Report from the Committee of the whole House, to whom it was referred to consider of Ways and Means for raising the Supply to be granted to his Majesty, for carrying on the War against France, be made upon Friday Morning next.

Encouragement of Privateers.

Resolved, That this House will, To-morrow Morning, take into Consideration the Amendments, made by the Lords, to the Bill for continuing the Act for prohibiting all Trade and Commerce with France; and for the Encouragement of Privateers.

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