House of Commons Journal Volume 12: 7 February 1699

Martis, 7 die Februarii;

10° Gulielmi Tertii.

Prayers.

Claims for Prizes.

APETITION of Captain John Munden, late Commander of his Majesty's Ship the London, on the behalf of himself and Ship's Company, was presented to the House, and read; setting forth, That, in June 1697, the Petitioner took Three Ships, as Prize; which were condemned, and sold, by the Commissioners of Prizes: That the Goods on board the Ships, viz. the Emanuel, St. Paul, and Amity, were worth 14,000 l. as appeared by their Bills of Lading; but the said Commissioners have paid the Petitioner only 166 l. in full of his and his Company's Share of the said Prizes, according to Act of Parliament, though there is much more due to them: And praying, That the said Commissioners may give a more particular Account of the Cargo of the said Three Ships; that the Petitioners may have the due Benefit of the said Act.

Ordered, That it be referred to such of the Commissioners of Prizes as are Members of this House, to give an Answer, in Writing, to the Matter of the said Petition.

Abuses in King's Bench and Fleet Prisons.

A Petition of Eleanor Smith, Relict and Executrix of Francis Smith, late of London, Bookseller, was presented to the House, and read; setting forth, That Thomas Bromhall, deceased, who had purchased the Inheritance of, and was, Warden of the Fleet Prison, prevailed with the Petitioner's said Husband, to be bound with him in above 1,000 l. towards the said Purchase; and actually paid for Bromhall above 600 l.: That John Tilly Esquire, endeavouring to procure an Act of Parliament, for Sale of the Fleet, and hearing that the Petitioner intended to oppose him, gave her a Bond to pay 200 l. in May 1695, of which he has paid but 7 l. 6s. and refuses to pay the Petitioner any more; saying, He was in his Castle, meaning the Fleet: So that the Petitioner is like to lose her said Debt, Tilly having the Management of the said Prison, and the Petitioner not being in a Condition to compel him to pay her: And praying, That she may be paid her said Debt, out of the Profits of the said Prison, or otherwise, as the House shall think sit.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of John Gooddall is referred; and who are to inquire into the in Practices and Abuses of the Prisons of the King's-Bench and Fleet: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Army Arrears.

A Petition of Obadiah Wood, John Newton, and Digby Kidderminster, in behalf of themselves, and the Officers, Ministers, and Attendants, on the Train of Artillery employed for the Reducing of Ireland, was presented to the House, and read; setting forth, That the Petitioners faithfully served in the Wars; and there is due in Arrear to them 17,030 l. 14s. 2d. as appears by the Accounts of the principal Officers of the Ordnance-Office: That they petitioned the Lords Justices for their said Arrears; who referred the Matter to the Commissioners of the Treasury; who allowed the said Arrears to be a just Debt; but had not Money to pay the same, till supplied by this House: And praying, That the House will order the Payment of what is due to them; many of them being now languishing in Prison for small Debts, and their Families in great Want.

Ordered, That the said Petition do lie upon the Table.

Ayre and Calder Navigation.

A Petition of the Mayor, Aldermen, and Capital Burgesses, of the Borough of Kirkby in Kendall, in the County of Westmoreland, was presented to the House, and read; setting forth, That there is a Bill depending in the House, for making navigable the Rivers Ayre and Calder, in the County of York; the completing whereof will be of great Advantage to the Towns of Leeds and Wakefeild, in the Woollen Manufactures, by reason of Water-carriage; and the Petitioners having great Dealings into those Parts, the said Navigation will not only encourage their Commerce, but will be a general Advantage to all the trading Towns in the North of England: And praying, That the said Bill may pass into a Law.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Ditto.

A Petition of the Clothiers trading in the Woollen Manufacture, within the Town of Wakefeild, in the West Riding of the County of York, was presented to the House, and read; setting forth, That the Towns of Leeds and Wakefeild are the principal Markets, in the North, for Woollen Cloth; and are situate on the Rivers Ayre and Calder; which may be made navigable; and several Persons have undertaken to do it; which will be a great Improvement of Trade to all the trading Towns in the North, by reason of the Conveniency of Water-carriage; for want of which the Petitioners send their Goods 22 Miles by Land-carriage; the Expence whereof is not only very chargeable, but they are forced to stay Two Months sometimes, while the Roads are passable to Market; and many times their Goods receive considerable Damage, through the Badness of the Roads, by Overturning: And praying the House to encourage the said Navigation.

Ordered, That the said Petition do lie upon the Table until the Bill for making the said Rivers navigable be read a Second time.

Yarmouth Harbour.

Mr. England reported from the Committee, to whom the Bill for continuing a former Act, for the clearing, preserving, maintaining, and repairing, the Haven and Pier of Great Yarmouth, in the County of Norfolk, was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; 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.

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

Darwent Navigation.

A Petition of several Iron-mongers in and about the City of London was presented to the House, and read; setting forth, That the making navigable the River Darwent, in the County of Derby, will be a great Advantage to the Petitioners, in the more easy Conveyance of Ironwares; which now are brought down the River Trent, where the Petitioners receive great Oppressions at Wilne Perry; which, by this Navigation, will be removed, and the Land-carriage shortened: And praying, That the Bill, depending in this House, for making the said River Darwent navigable, may pass into an Act.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Darwent Navigation.

A Petition of several Cheesemongers in and about the City of London was presented to the House, and read; setting forth, That the Petitioners have great Quantities of Cheese sent down the River Trent, out of the Counties of Derby, Stafford, and Chester; the Conveyance of which will be much cheaper, by making the River Darwent, in the County of Derby, navigable; to the Advantage of those Counties, and also to the Inhabitants of London and Westminster: And praying the House to pass the Bill, therein depending, for making the said River Darwent navigable.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Ditto.

A Petition of the Bailiffs, Burgesses, and other Gentlemen, and Inhabitants, of the Town of Tamworth, in the Counties of Warwick and Stafford, was presented to the House, and read; setting forth, That the making of the River Darwent, in the County of Derby, navigable, will be of great Advantage, for the more cheap Conveyance of Heavy Goods from one Place to another, and particularly to London: And praying, That the Bill, depending in the House, for making the said River navigable, may pass into an Act.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Ships Margaret and Friendship.

Mr. Yates reported from the Committee, to whom the Bill for the Ships Margaret and Friendship to trade as free Ships was committed, That they had made an Amendment to the Bill; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read a Second time; and, upon the Question put thereupon, agreed unto by the House.

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

Ayre and Calder Navigation.

A Bill for making navigable the Rivers Ayre and Calder in the County of York, at the Charge of such Persons as will undertake the same, was, according to Order, read a Second time.

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 Mr. Byerly, Sir Richard Onslow, Mr. Foley, Mr. Ogle, Mr. Kirkby, Mr. Molyneux, Mr. Hoblyn, Mr. York, Mr. Vane, Sir Edw. Blacket, Mr. Aislaby, Mr. Palmes, Mr. Thursby, Sir Rich. Cocks, Mr. Bridges, Colonel Granville, Mr. Mountagu, Mr. Brotherton, Mr. Vernon, Mr. Hancock, Mr. Blofeild, Mr. Turner, Mr. Atkinson, Sir Jo. Robinson, Mr. Clayton, Sir Cha. Turner, Mr. Worsly, Mr. Boyle, Mr. Machell, Sir Wm. Hustler, Mr. Wortley, Mr. Thornhagh, Sir John Phillips, Mr. Jervoise, Mr. Harvey, Sir Richard Farrington, Sir Abstrupus Danby, Mr. Hayes, Sir Henry Ashurst, Mr. Freeman; and all that serve for the Counties of York, Durham, Lancaster, Northumberland, and Cumberland: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers: And have Power to send for Persons, Papers, and Records.

Ditto.

A Petition of the Lord Mayor, and Commonalty, of the ancient City of York, was presented to the House, and read; setting forth, That the said City has chiefly its Support and Advantage by the River Ouze, and Water of Humber; which is a Passage for Ships and Boats from York to Hull, and divers Parts of this Realm; and that, by Letters Patents 10° Edwardi 4°, the said Petitioners were appointed Conservators of the River Ayre, from the River Ouze to Knottingly Mill-dam; and have all along exercised their Powers accordingly: That if the Bill, depending in the House, for making the Rivers Ayre and Calder navigable, should pass, the River Ouse will be so drained by such Navigation, that no Boats or Vessels will be able to pass thereon; whereby the Trade of the City of York, carried on by the said River Ouze, will be quite carried into other remote Parts, and the Petitioners said Power of Conservatorship destroyed; to the Impoverishing of the said City, and Countries adjacent: And praying, That the said Bill may not pass; the Petitioners being ready to offer other Reasons against the same.

Ordered, That the Consideration of the said Petition be referred to the said Committee: And that the Petitioners be heard, by their Counsel, before the Committee, thereupon.

Ordered, That the Committee do also hear Counsel for the said Bill.

Ayre and Calder Navigation.

A Petition of Francis Nevill, of Chevett, in the County of York, Esquire, was presented to the House, and read; setting forth, That there is a Bill depending in the House, for making the Rivers Ayre and Calder navigable; and the Petitioner being Proprietor of several Corn, Fulling, and Rape, Mills, and Dams, upon the River Calder, the same will not only be weakened, by the immense Weight of Water thereon; but, by Back-waters, his Mills will be inevitably stopped from going at all, to his great Prejudice: And praying to be heard, by Counsel, before the said Bill do pass.

Ordered, That the Consideration of the said Petition be referred to the said Committee: And that the Petitioner be heard, by his Counsel, before them, to the said Bill.

Ditto.

A Petition of the Clothiers, and others, the Inhabitants of the Town of Bradford, in the West Riding of the County of York, was presented to the House, and read; setting forth, That the making navigable the Rivers Ayre and Calder, in the County of York, will not only be a great Advantage to the Towns of Leeds and Wakefeild, which are the chief trading Towns for Cloth, but to all the trading Towns in the North, by the Conveniency of Water-carriage: And praying, That the Bill, depending in the House, for making the said Rivers navigable, may pass into an Act.

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

Ditto.

A Petition of the Traders in the Woollen Manufactures, and others, the Inhabitants of the Town of Bingley, in the West Riding of the County of York, was presented to the House, and read; setting forth, That the Rivers Ayre and Calder are capable of being made navigable; and divers Persons have undertaken to do it; the effecting whereof will be a great Advantage to Trade, in all the Northern trading Towns of England; and particularly to the Petitioners, who have now no Conveniency of Watercarriage within 28 Miles of them; and the Land-carriage not only occasions a great Expence upon their Manufactures, but oftentimes they receive great Damage, by Overturning, through the Badness of the Roads; which, by the said Navigation, will be preserved: And praying, That the Bill, now depending in the House, 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 said Bill is committed.

Ordered, That the Consideration of the several Petitions which have been presented to the House, relating to the said Bill; which were ordered to lie upon the Table until the Bill was read a Second time; be referred to the said Committee.

Ailesbury Election.

Sir Rowland Gwyn reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Ailesbury, in the County of Bucks, as the same appeared to the 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 several Petitions of Simon Mayne Esquire, and of divers Inhabitants of Ailesbury, complaining of an undue Return of James Herbert Esquire; and also upon the several Petitions of Robert Dormer Esquire, and of other Inhabitants of Ailesbury, complaining of the undue Return of Sir Thomas Lee; to serve for the said Borough of Ailesbury:

That the Right of Election was agreed to be in the Housholders not receiving Alms.

And the Numbers of the Poll, as it was taken, were agreed to be,

That the Right of the Bedford Charity-men to vote was controverted by the Petitioners, and Sitting Members: And, as to that, it appeared,

That John Bedford, by his Will, made the 12th July, 9° H. 7, allotted Lands, of about 120 l. a Year, for the Repair of the Highways about Aylesbury; and to be dealt in Alms to blind People, crooked, sick, and poor People:

In 39° Eliz. there was an Act of Parliament for settling this Charity; by which the said Trust is vested in Nine Persons; who are made a Corporation, and impowered to act in the Disposition of the said Charity, according to the Will of Mr. Bedford, and are to have perpetual Succession, by the Name of the Surveyors of the Highways of Aylesbury, in the County of Bucks:

That this Charity, accordingly, every St. Thomas's Day, is distributed by the Feoffees, to the Poor of Ailesbury, by 2s. Half a Crown, or 3, 4, or 5s. apiece, or such small Sums; and is commonly continued to the same Persons, for their Lives; but 'tis discretionary in the Feoffees to change the Persons as they think fit; and, for this Charity, every Three Years, they account to the Bishop of Lincoln:

That it also appeared, by the Testimony of Robert Holland, who had lived in Ailesbury 48 Years; and of Alexander Dover, who has known Aylesbury above 40 Years; and of Henry Monday, who was born in Aylesbury in 1652, and has known several Elections; That these Men, who received this Bedford Charity, were always admitted to vote; and could not say their Votes were refused upon any Election:

But John Heywood said, That, at the Election in King James time, when Sir Tho. Lee and Sir Richard Ingoldsby stood against Sir William Egerton and Mr. Anderson, the Bedford Men were polled, with a Quere; and their Votes not allowed, upon a Scrutiny; and Sir Wm. Egerton and Mr. Anderson were returned, though, with the Bedford Men, Sir Thom. Lee, and Sir Richard Ingoldsby had a Majority of 40: But Sir Tho. Lee and Sir Richard Ingoldsby did then insist, That the Bedford Men had a Right to vote: And Heywood said, He did not remember any Contest till then.

And the Committee, upon Consideration of the Matter, were of Opinion, That all Persons receiving Alms within the Borough of Aylesbury, pursuant to the Will of Mr. Bedford, are, in respect thereof, disabled to vote in the Election of Burgesses to serve in Parliament for the said Borough.

That the Petitioner Mr. Mayn's Counsel, who were also for Sir Thomas Lee, insisted, That several that had a Right to vote, aad did offer to vote, for Sir Thomas Lee and Mr. Mayne, were refused by the Constables; and that others that had voted for Mr. Herbert and Mr. Dormer had no Right to vote: And that Robert Eggleton did come, and first give in his Vote for Sir Tho. Lee, and Mr. Mayne, but was not put down so; but afterwards, his Poll was taken for Mr. Herbert and Mr. Dormer:

The Persons that they complained were refused by the Constables, were, Sam. Stephens, Math. Willis, John Pate, Robert Crocket, Tho. Brasier, Edward Parish, Robert Hitchcock, William Forbes, James Gullett, Tho. Williams, Robert Ironmonger, Henry Woodhouse, Francis Walton, Ely Rolf:

That Sir Tho. Lee's and Mr. Mayn's Counsel called Witnesses to qualify the 14: But Six of them; viz. Math. Willis, John Pate, Roberd Ironmonger, Henry Woodhouse, Fra. Walton, and Ely Rolf; being agreed to have received the Bedford Charity; and all such being, by the Opinion of the Committee, incapacitated to vote; it will not be necessary to trouble the House with the Evidence relating to them.

That the Evidence with relation to the remaining Eight was as follows;

Mr. Thomas Oviat and Sam. Stephens, said, That Samuel Stephens was an Housholder, and did not receive Alms; and had been Constable twice; and paid to the Window-Tax:

But it was acknowledged, That one Smith lives under the same Roof; and there was but one Door to the Street, from Stephens' Apartment, and from Smith's; but Stephens' paid above 4 l. a Year Rent, and Smith but 40 s. a Year; and Stevens had voted at an Election Three Years ago; and Stephens had lived there about 12 Years, and Smith about 5 Years; that Smith has voted, but with a Quere; yet Smith was admitted to poll for Mr. Herbert and Mr. Dormer; but Stephens' Vote for Sir Tho. Lee and Mr. Mayne was refused.

Tho. Lee, Robert Hitchcock, Wm. Lee, said, That Robert Crocket is an Housholder; and that his House was got ready for him against Lady-day: That Mr. Goldfinch the Constable said, He was not an Inhabitant, because he had not given Notice: But the Witnesses testified, That, for his House and Land, he paid 10 l. a Year, at least:

They also said, That he had a Pack in several Towns: and would have voted for Sir Thomas Lee and Mr. Mayne.

Thomas Lee said, That Tho. Brasier was an Housholder, and did not receive Alms: That the Part of the House where he lives has been divided a Dozen Years: That he took the House a Fortnight before the Election; and would have voted for Sir Tho. Lee and Mr. Mayne; but was refused, as not having been an Housholder long enough:

Mr. Oviat said, That Brasier paid Half a Year's Rent, due at St. Thomas' Day last; and that Richard Haley, living in the same Part, was brought in a Chair, and voted for Mr. Herbert; and Mr. Parish for Mr. Mayne.

John Clark, and John Maybery, said, That Edward Parish was an Housekeeper:

And Clark said, That Parish had watched and warded, and had lived there ever since before May; and that he offered to vote for Sir Tho. Lee and Mr. Mayn, and was refused.

William Lee said, That Robert Hitchcock was an Inhabitant, and did not receive Alms:

And Hitchcock himself said, He offered to vote for Sir Tho. Lee and Mr. Mayne, but was refused.

Alexander Dover said, He knew William Forbes to be an Housekeeper:

And Forbes himself said, That he came to Aylesbury 2d May, and took a House, the 20th May, of William Kirkby: That he was disbanded before he came to live in Town; and married a Woman that lived there; and that he would have voted for Sir Tho. Lee and Mr. Mayne, and was refused.

James Gullett said, He would have voted for Sir Thom. Lee and Mr. Mayne, and was refused; and Goldsmith told him, He would not poll him, unless he knew whom he was for: That he came to Aylesbury in January was 12 Months.

Thomas Rolf said, That Gullet had married a young Woman that owned the House he lived in.

Ailesbury Election.

Tho. Williams said, He offered to poll for Sir Tho. Lee and Mr. Mayne, and was refused.

William Lee said, That Tho. Williams is a Housekeeper, and did not receive Alms: That Whitchurch lived under the same Roof; but he received Alms, and did not poll; and said, He had nothing to do to poll.

As to Robert Eggleton;

Rich. Wright, and Tho. Read, said, That Robert Eggleton, when he came first to poll, gave his Vote for Sir Tho. Lee and Mr. Mayne; but his Vote was not then put down: But he was whispered by the Constable, and, afterwards, voted for Mr. Herbert.

That the Counsel then proceeded to take Exceptions to Six of the Votes for Mr. Herbert and Mr. Dormer; viz. John Smith, John Mills, Robert Row, Jos. Gyles, John Fenford, Charles Noy:

But all but Gyles and Noy had received the Bedford Charity: and so need not trouble the House with the Evidence relating to them.

And, as to Gyles;

Alexander Dover said, That Giles came in last Year, and had Notice to remove; upon which he had promised a Certificate, but had not brought it: But acknowleged him to be a Housekeeper 21 July.

And William Lee said, Charles Noye lived in a House that, Three Years ago, was his Mother's; but could not tell whether his Mother or he kept House.

Sir Thomas Lee and Mr. Mayne's Counsel also insisted, That there had been a Partiality shewn by the Constables: And, for that, called,

Math. Lee: Who said, He was at Richard Kingham's Shop, and heard him say, That right or wrong, they would return Mr. Herbert, whoever they left out.

John Hasell, That he came, on the Election-day, to Hawkins his House, and asked him, Who his Master voted for? and said, He doubted his Master would fool himself in voting for Sir Tho. Lee and Mr. Mayne; and his House would go no higher.

That, for Mr. Herbert and Mr. Dormer, the Counsel produced,

Robert Eggleton himself: Who said, He voted for Mr. Herbert and Mr. Dormer, and never offered his Vote for any other.

Richard Heydon said, That the Constable took Eggleton by the Hand, and asked him, Who he voted for? That Eggleton spoke low, and the Constable told them, He voted for Mr. Herbert and Mr. Dormer; and Mr. Mayne, not being satisfied, had him called in again (he not being Four Yards from the Bar;) and he repeated his Vote over again for the same.

That, as to the Eight that Sir Tho. Lee and Mr. Mayn's Counsel said had a Right, and were refused, which were not Bedford Men, Mr. Herbert and Mr. Dormer's Counsel called several Witnesses:

John Whorwood said, That Stephens' House was never reckoned a Dwelling-house, till he lived there; but was a Wash-house and Kitchen, Part of a Farm-house: But said, Stephens lived there before him, and had been Constable; but Smith came in to him, and had served no Offices.

William Spencer said, He took the Right of Voting to be in John Smith, he dwelling in the Front-part, and having voted at a former Election.

Thomas Bigg, John Ivory, said, Robert Crocket came to Ailesbury at Lady-day, or not long before: That he is a Scotchman, and before carried a Pack: That, though he had rented 10 l. a Year, in House and Land, of several Persons, he had been warned out by the Justices, as not settled by the Statute.

Peter Wilkins, Richard Talboys, Alexander Kingham, said, That Brasier paid 3s. 6d. per Week for his Board; and Dover, his Landlord, bid him provide himself a Bed, a Loaf, and a Piece of Cheese, and take Part of an House, and he should have a Vote; and that he removed Three or Four Days before the Election; and, since, he returned to Dover's again.

William Spencer said, That Edward Parish was a Servant to one Dawney, of Aylesbury, and rented a Cellar of Beer of him; and, a little before the Election, said, He would take a House, and have a Voice; and that he lay at his Master's House before the Election, and since; and that he, and one White in the same Circumstances, who would have voted for Mr. Herbert and Mr. Dormer, were rejected at the same time:

And said, That Robert Hitchcock had Two Houses of his own in the Town; but one was empty, and the other was lett: That be warned him to watch, as the next Neighbour; but he refused.

John Gutteridge said, That Robert Hitchcock had kept House since Michaelmas; but lived with his Mother before, and at the time of, the Election.

Thomas Bigg, John Ivory, John Heywood, said, That William Forbes and James Gullet were disbanded Soldiers, and Scotchmen: They have been in Aylesbury about Six Months: That they have been warned out; but the Justices had a Difficulty upon them, about removing them, being Scotchmen: That Forbes lived with a Woman, as his Wife, who was formerly an Inhabitant.

Richard Heydon said, That Tho. Williams was no Housholder; but lived with Whitchurch: That Williams, in the Election before, offered to vote, and was denied by Mr. Mayn's Agent; and the Constables polled Whitchurch; and Williams and Whitchurch did, respectively, live in the same Part of the House they held at that Election:

Richard Talboys said, That Williams was no Housekeeper; but lived with Whitchurch; and Whitchurch built the House.

That, as to Gyles, it was admitted he came by Certificate; but he was there the Christmas before the Election.

Thomas Kempster said, Charles Noy had been a good Housekeeper 6 or 7 Years; and Constable 3 or 4 Years ago; and rents 50 l. a Year; and watches and wards, and pays all Dues: That he lives in a Victualling-house with his Mother, but in an Apartment separate to himself: And could not tell in whose Name the Licence was.

That the Counsel for Mr. Herbert and Mr. Dormer demanded Allowance for Edward Taylor; who, they said, was refused, as a Minor: And,

Samuel Higgons produced a Certificate of the Register: By which it appeared, That Edward Taylor was baptized the 2d of June 1677: And he said, That the said Taylor tendered his Vote for Mr. Herbert and Mr. Dormer, but was refused to poll, as under Age:

And a Licence was produced in his Name, of 26 April 1698.

That the Counsel for Mr. Herbert and Mr. Dormer then objected to Seven, that voted for Sir Tho. Lee and Mr. Mayne; viz. Robert Payton, John Ells, junior, John Shepperd, John Meadon, Robert Holland, Alexander Duncomb, and Math. Ashby:

But Payton and Meadon had received the Bedford Charity; and so need not trouble the House with the particular Evidence relating to them.

That, as to the other Five;

William Brooks, John Higgins said, That John Ells junior was no Housekeeper; but has a Chamber in the House, eats with his Mother, and pays her for his Diet.

Mr. Robert Hart said, That John Shepherd was a Tenant to him a Year and a Half since; but left his House above a Year since, and got in again, a little before the Election, without any new Bargain, or his Privity.

Charles Noy, Wm. Goldsworth, said, That Robert Holland declared, He had nothing to do with the House, but was a Sojourner; for he had made over all to his Grandson.

Wm. Goldsworth, William Jones, said, That Alexander Duncomb lived with his Mother: And Goldsworth said, He had seen Duncomb pay his Mother for Drink, she keeping a Publick-house: And Jones said, That Duncomb declared his Mother had paid Rent 16 Years.

John Haywood, Thomas Eggleton, said, That Matth. Ashby was a Housekeeper; but he came to Aylesbury as an Hostler, and stood warned out of the Town.

That, as to the Bedford Charity-men, it appeared, that the following Persons had received that Charity, and voted for Sir Thomas Lee; viz.

All which, but William Bridgfoot, Tho. Lee senior, and Henry Nicholls, did likewise poll for Mr. Mayne.

That Mr. Herbert and Mr. Dormer's Counsel insisted also, That several others, who were not mentioned in the Book of the Account of the Bedford Charity, and had polled for Sir Tho. Lee and Mr. Mayne, had received Bedford Charity: And for that called,

Judith Hales: Who said, She saw the Wife and Daughter of Geo. Welch, on last St. Thomas' Day, receive of Bedford's Charity, from a Woman that hath usually delivered the same for several Years past:

That John Ironmonger's Wife received from the same Woman, at the same time:

That Thomas Harris's Wife received from the same Woman, at the same time:

That Thomas Layton's Wife received from the same Woman, at the same time:

And that John Reed himself received from the same Woman, at the same time:

Then Mr. Herbert and Mr. Dormer's Counsel proceedupon Point of Corruption: And for that called,

Peter Wilkyns: Who said, That he voted for Sir Thom. Lee and Mr. Mayne, and had 3s. given him by Alexander Dover, to vote so; which 3s. he was promised should be made 3 l.; and that afterwards Dover desired him not to speak of it, telling him, He had rather give the said Wilkins 5 Guineas; and that Dover went with him to an Alehouse, where was Williams, Brooks, and Oviat, 3 of the Feoffees; and there he was promised his Money by Saturday following: And afterwards the said Wilkins received 50s. from Mr. Young, an Attorney, who told him, He brought it from Mr. Mead: That Young required a Note for the said 50s.; which he gave; but Mr. Young said, it should be his own when the Election was over: and Dover told him, It was the Feoffees Money: That he had also given him Two Barrels of Beer before the Election, and Three since:

That Dover desired him to give it under his Hand to discharge the Bribery; and told him, If he would go before a Justice of Peace, and swear he would not come to Town, he should have 6 l.: And Dover also told him If he would not declare this Matter, he should have 10 l. when the Election was over:

That, if it had not been for the said Money, he had voted for Mr. Herbert and Mr. Dormer:

He further said, That he did not know Dover to be Sir Tho. Lee's Agent in other Matters; but that Sir Tho. Lee had bought Bricks of him.

Samuel Weaver said, He had 20s. from Williams, to vote for Sir Thomas Lee and Mr. Mayne, and to let William Clark come into his House, to try to vote; and Williams said, That it was out of Bedford Money: And that Wm. Tucker gave Jordan 6s. to pay for his Child's Birth and Burial, to vote for Sir Tho. Lee and Mr. Mayne: And Dover and James Jordan gave his Wife 12 d. apiece, and asked him to vote for Sir Tho. Lee and Mr. Mayne; but he said, He did not vote for them, because he would not uphold Bribery.

Richard Weekes said, That Samuel Dover offered him a Guinea, if he would vote for Sir Thomas Lee and Mr. Mayne, to be paid when the Election was over.

James Brandon said, That he being indicted for selling Drink without Licence, Mr. Mayn's Son told him, If he would vote for his Father, he should have a Licence, and it should cost him nothing: And Mr. Mayn's Son gave his Brother Half a Crown, to give him for his Day's Work.

That, as to the Carriage of the Constables;

William Bampton said, The Poll began before he came; but he staid till it was shut up; and, before it was shut up, they made Proclamation, and then stayed Half an Hour; and then made Proclamation again: And that Mr. Mayne was angry they did not shut up the Poll: And Bampton said, He thought the Constables impartial.

Richard Haydon said, The Constables behaved themselves very equally; and that he did not perceive any angry Words; only Mr. Mayn threatened the Constables for not polling some that were for him.

Samuel Bampton said, That Rose, the First time he came, only gave a single Vote; and afterwards came, and would have polled for Mr. Dormer; but was denied by Mr. Mayn.

That Sir Thomas Lee and Mr. Mayn's Counsel, by way of Reply, to justify the Votes excepted to on other Side, called,

Peter Goldsworth: Who said, John Ells has Part of an House descended to him from his Father:

Thomas Newin said, John Ells has watched on the King's Watch, upon his own Account:

Gullet said, That he had seen John Ells buy Victuals, and make his Bread; but in his Mother's Apartment: That he has no Servant; but provides for himself, and repairs his Part.

Alexander Dover said, That John Shepperd is an House keeper, and took an House of him at Michaelmas 1697, and rented it to Michaelmas 1698.

Alexander Dover, Robert Holland, said Tho. Shepperd had been for some time to help his Mother; yet he came to Town a Month before the Election; and his Family was at Aylesbury all the time.

Nath. Netmaker said, That Robert Holland and Alexander Duncomb were both Housekeepers at the last Election; and he had received of them Three Quarters of the Land-Tax.

Holland said, Duncomb had been a Housekeeper, 3 or 4 Years.

That Matth. Ashby's Licence was produced, dated 26 April 1698; and also his Lease, dated 14 December 1697.

That against Taylor's Vote, insisted on by Mr. Herbert and Mr. Dormer, they produced,

Henry Bayley: Who said, Edward Taylor lived with his Mother, and paid her for Drink; and his Mother receives and pays, particularly for the Hackney Horses: And that Taylor's Father had been dead for 2 Years.

That then Mr. Oviat gave the Committee an Account of such Men as, he said, had polled for Mr. Herbert and Mr. Dormer, and had received the Bedford Charity, viz.

Aylesbury Election.

Aylesbury Election.

But by the Book of Bedford Charity it appeared, That One of them, viz. John Johnson, was only paid out of the Charity-Stock, for making a Gown for Widow Bradly.

That as to the Five, that Judith Hales said received of the Bedford Charity, and were not entered in the Book; they called,

Mr. Oviat: Who said, Geo. Welch did not receive in 1697: That Ironmonger was not then in Town: Harris not received for 8 Years: was a substantial Man in 1697: That John Reed never received; and that Layton never received, nor asked.

Thomas Williams said, That the Names of the Persons who received the Charity were always set down in Writing.

Sir Tho. Lee and Mr. Mayn's Counsel further insisted, That there was, in Aylesbury, other annual Charity left to that Town, and disposed by the Churchwardens: And

Mr. Mead and Mr. Braddon testified, That John Higgins, Fra. Carter, Edward Edwards, Zach. Whitmill, Charles Haywood, Wm. Clark, and Gabr. White, had received of that Charity: and voted for Mr. Herbert and Mr. Dormer.

That, as to the Bribery; they called,

John Beal: Who said, That it being told Wilkyns, it was reported he was hired, he lifted up his Hands, and denied he ever said any such thing.

Josiah Roll, Tho. Brazier, said, That Wilkyns came into his Master's House, and said, He never had One Peny, or One Penyworth, to vote for Mr. Mayn and Sir Tho. Lee; and said, They were Whores and Rogues that said so:

That Wilkyns took God to witness, he had no Money to vote for Sir Tho. Lee and Mr. Mayne, from Man, Woman, or Child; but said, He could have had Money to pay his Rent, to be for Mr. Herbert and Mr. Dormer.

John Hawkes, Mary Dover, said, That Wilkins had denied, several times, that he had any Money to be for Sir Tho. Lee and Mr. Mayne.

Eliz. Hawkes said, That Wilkins said, That he wished the Devil might fetch him, if he told Esquire Dormer, or the Lord Norreys, he was bribed; and said, He was obliged to give Sir Tho. Lee and Mr. Mayne a Vote.

Mary Saunders said, She lived in the House where Wilkyns pretended to have Drink at the time of the Election; and that Wilkyns had not any such Drink.

And that, upon the whole Matter, the Committee came to these Resolutions:

Resolved, That it is the Opinion of this Committee, That James Herbert Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Aylesbury, in the County of Bucks.

Resolved, That it is the Opinion of this Committee, That Sir Thomas Lee Baronet is not duly elected a Burgess to serve in this present Parliament for the Borough of Aylesbury.

Resolved, That it is the Opinion of this Committee, That Robert Dormer Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Aylesbury.

The First Resolution being read a Second time;

An Amendment was proposed to be made therein, by inserting after "Bedford," these Words, "or any other Persons receiving any other Charity annually distributed in the same Town:

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

Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That all Persons receiving Alms within the Borough of Aylesbury, pursuant to the Will of Mr. Bedford; or any other Persons receiving any other Charity, annually distributed in the same Town; are, in respect thereof, disabled to vote in the Election of Burgesses to serve in Parliament for the said Borough.

The Second Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That James Herbert Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Aylesbury, in the County of Bucks.

The Third Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That Sir Tho. Lee Baronet is not duly elected a Burgess to serve in this present Parliament for the Borough of Ailesbury;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The Fourth Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That Robert Dormer Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Aylesbury;

The House divided.

The Noes go forth.

Aylesbury Writ.

So it passed in the Negative.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ for the electing a Burgess to serve in this present Parliament for the Borough of Aylesbury, in the County of Bucks, in the room of Sir Tho. Lee Baronet, who is adjudged not to be duly elected.

Haslemere, &c. Elections.

Ordered, That the Reports, from the Committee of Privileges and Elections, touching the Election for the Borough of Haslemere, in the County of Surry; and touching the Election for the Borough of Ludgershall, in the County of Wilts; be made upon Thursday Morning next.

Supply.

Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider further of the Supply to be granted to his Majesty.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned until To-morrow Morning, Eight a Clock.