House of Commons Journal Volume 12: 1 March 1699

Mercurii, 1 die Martii;

11° Gulielmi Tertii.

Prayers.

Guy's, &c. Nat.

A PETITION of Scipio Guy and James Peltier was presented to the House, and read; setting forth, That the Petitioners are Officers in Major-General Levison's Regiment; where they have served above Ten Years; and are Refugees, upon Account of their Religion, having no Home to return to, their Commissions being all that they have to depend upon: And praying, That Leave be given to bring in a Bill for their Naturalization.

Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition: And that Mr. Johnson do prepare and bring in, the Bill.

Committees.

Ordered, That no Committee do fit after Ten a Clock in the Morning.

Lloyd's, &c. Nat.

Sir John Thorold reported from the Committee, to whom the Bill to naturalize William Lloyd, Cornelius de Witt, and Godfrey Lloyd, was committed, That they had examined and considered the same; and had 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.

St. Eloy's Nat.

Sir Bevill Granville reported from the Committee, to whom the Bill to naturalize Isaac Gouyquett St. Eloy was committed, That they had examined and considered the same; and had directed him to report the same, without any Amendment: And he delivered the same in at the Clerk's Table.

Ordered, That the Bill be ingrossed.

Meoles' Nat.

An ingrossed Bill to naturalize John Meoles was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to naturalize John Meoles.

Ordered, That Colonel Churchill do carry the Bill to the Lords, and desire their Concurrence thereunto.

Lower's, &c. Nat.

A Bill to naturalize William Lower, William Darnell, and Peter Godby, was read a Second time.

Resolved, That the Bill be committed to Mr. Harvey, Sir Robert Davers, Mr. Mounstevens, Mr. Morgan, Mr. Thornhagh, Colonel Rolles, Mr. Yates, Mr. Lowther, Colonel Churchill, Mr. Clark, Mr. Ash, Mr. Blaake, Mr. Hoblyn, Mr. Fortescue, Mr. Tregagle, Mr. Byerly, Mr. Lee, Mr. Hamond, Mr. Holmes, Sir Richard Onslow, Mr. Pendarvis, Mr. Hughes, Mr. Hancock, Admiral Hopson, Mr. Blofeild, Mr. Chetwynd; and all that serve for the County of Cornwall: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.

Poor Laws.

Mr. Hamond reported from the Committee appointed to consider of Ways for the better providing for the Poor, and setting them on Work, That they had agreed upon several Resolutions; 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 read; and are as follow; viz.

1. Resolved, That it is the Opinion of this Committee, That it shall and may be lawful, from time to time, for any County, or any One or more Hundred, City, Town, Parish, or Place, to incorporate themselves, in order to erect Hospitals, Houses of Correction, and Work-houses, for maintaining and employing the Poor of this Kingdom, within the said County, under the Management of such Corporations, to be confirmed and approved of by the Justices of Peace, in their General Quarter-Sessions for the said County, or City.

2. Resolved, That it is the Opinion of this Committee, That where these Corporations are settled in Cities, and Towns Corporate, the Poors Rates of all the Parishes be united into One, by Discretion of the Justices.

3. Resolved, That it is the Opinion of this Committee, That the Corporations in the Country shall each of them contribute to the Charge thereof, by taxing every Parish, according to what it paid before, by Discretion of the Justices, in their General Quarter-Sessions.

4. Resolved, That it is the Opinion of this Committee, That the Sum of Money to be raised shall not exceed what was paid in One of the last Three Years, for the yearly Maintaining and Employing of the Poor, in all the Parishes thus united.

5. Resolved, That it is the Opinion of this Committee, That these Corporations shall be obliged to maintain all the poor impotent People within their Jurisdictions; to provide Work for those that are willing; to force those to work who are idle; and to assist those Poor whose Labour will not maintain their Charge.

6. Resolved, That it is the Opinion of this Committee, That the Governors of these Hospitals, Work-houses, and Houses of Correction, in Cities and Towns Corporate, or Boroughs, be the Mayor and Aldermen, or Chief Magistrates, together with the Guardians chosen out of each Parish contributing to the Charge of the Poor; and, in the Hundreds, all the Justices of the Peace inhabiting therein, together with the Inhabitants chosen for Guardians out of each Parish, in proportion to the Sum of Money it pays.

7. Resolved, That it is the Opinion of this Committee, That these Guardians shall choose a Governor, DeputyGovernor, Treasurer, and Assistants, yearly; and shall hold Courts, and make By-laws, for the better carrying on this Work, to be confirmed by the Justices of the Peace, in their Quarter-Sessions, or by Judges of Assize.

8. Resolved, That it is the Opinion of this Committee, That these Courts have sufficient Power, with Assistance of the Justices of the Peace, to raise Money, as before, for the maintaining and employing the Poor; as also for buying, or building, such Hospitals, Work-houses, and Houses of Correction; provided that such Sum for buying, building, or providing, such Hospitals, Workhouses, and Houses of Correction, or for employing the Poor, shall not exceed what was raised by the Rates for the Poor in Three Years last past, to be levied within Five Years.

9. Resolved, That it is the Opinion of this Committee, That all charitable Gifts, given for the Use of the Poor, after the Erecting of these Corporations, shall belong to that Corporation of which the Parish is a Part to whom it is given, unless limited to any particular Use or Place; and all charitable Gifts, already settled in general Terms, for the Use of the Poor, shall be in them.

10. Resolved, That it is the Opinion of this Committee, That each of these Corporations be One Body Politick in Law; and may sue, and be sued; and may, without Licence in Mortmain, purchase, take, and receive, any Lands, Tenements, and Hereditaments, and any Goods and Chattels whatsoever, for the Benefit of the said Corporation.

Resolved, That it is the Opinion of this Committee, That the said Courts shall be vested with Powers necessary for attaining the End for which they are erected.

Resolved, That this House will, upon Friday Morning next, take the said Report into Consideration.

Army Arrears.

A Petition of John Foster, and others, of his Majesty's Soldiers, was presented to the House, and read; setting forth, That * * * *

That the Consideration of the said Petition be referred to the Committee, to whom the Petition of the Soldiers of Colonel Coot's Regiment is referred.

Ship Charles.

Mr. Fortescue, according to Order, presented to the House a Bill for the Ship Charles Fly-boat, of Exeter, to trade as a free Ship: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Vesey's Estate.

Mr. Conyers, according to Order, presented to the House a Bill to enable Dudley Vesey, an Infant, to sell his Estate in Hintlesham, in the County of Suffolk, for the Payment of his Debts: And the same was received.

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

Methwold's Estate.

A Bill for vesting Part of the Estate of Tho. Methwold Esquire in Trustees, for raising the Sum of Twelve hundred Pounds, expended in the Improvement of the said Estate, was read the First time.

Resolved, That the Bill be read a Second time.

Claims for Prizes.

Ordered, That the Consideration of the Petition of John Liftrots, and others, be transferred from the Committee to whom the Petition of the Soldiers of Colonel Coot's Regiment is referred, to the Committee to whom the Petition of John Reily, and others, is referred.

Distillation from Corn.

Mr. Heveningham reported from the Committee, to whom it was referred to draw up Reasons, to be offered at a Conference with the Lords, for disagreeing to some of the Amendments, made by the Lords, to the Bill to prohibit the excessive Distilling of Spirits, and low Wines, from Corn; and against the Exporting of Beer and Ale; and to prevent Frauds in Distillers; That they had drawn up Reasons accordingly; 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 twice read; and, upon the Question put thereupon, agreed unto by the House; and are as follow; viz.

The Commons disagree to the Amendment marked Clause B, made by the Lords; Because they conceive the Clause is not agreeable to the other Parts of the Bill; which says, That every Distiller shall draw but Half the Quantity of Spirits from low Wines, or Worts, or Wash, that was distilled in One Year, ending the 30th of September last; whereas this Clause does not ascertain the Quantity, but leaves it to the Discretion of the Commissioners of Excise, which gives such a Latitude to them as is not fit to be trusted in any particular Persons whatsoever; and this Clause gives a Liberty to Persons to distil that had not distilled within that Year; and other Persons may, with the same Reason, expect the like Favour.

Ordered, That Mr. Heveningham do go to the Lords, and desire the said Conference.

Augmenting Vicarages.

A Bill for settling Augmentations on some small Vicarages for ever was read a Second time.

Resolved, That the Bill be committed to Mr. Weston, Sir Theoph. Oglethorp, Sir Richard Onslow, Mr. Vernon, Sir Cha. Turner, Mr. Thurland, Mr. Heveningham, Mr. Freke, Sir Richard Farrington, Mr. Hoar, Mr. Hancock, Mr. Thomson, Mr. Swift, Mr. Holmes, Mr. Clayton, Colonel Lee, Sir Robert Eden, Mr. Harvey, Sir Tho. Middleton, Mr. Tilney, Mr. Miller, Mr. Blaake, Sir Jacob Ashley, Mr. Cox, Sir Wm. Cook, Mr. Conyers, Mr. Edward Harley, Sir Edw. Hussey, Mr. Cholmondly, Mr. England, Sir Tho. Wagstaffe, Mr. Howard; and all the Members that serve for Surrey and Sussex: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

A Message from the Lords, by Sir Richard Holford and Mr. Pitt:

Mr. Speaker.

Barailleau's, &c. Nat.

The Lords have agreed to the Bill for naturalizing Peter Barailleau, and others, with some Amendments: To which they desire the Concurrence of this House: Also,

Vyner's Creditors.

They have passed a Bill, intituled, An Act for the Relief of the Creditors of Sir Robert Vyner Knight and Baronet, deceased: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Regulating Elections.

A Bill for Qualifying of Members to sit in Parliament; and further regulating Elections; was, according to Order, read a Second time.

Resolved, That the Bill be committed.

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

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

Leave of Absence.

Ordered, That Mr. Greenfeild have Leave to go into the Country for a Fortnight, his Family being ill.

Executing Judgments in America.

Ordered, That the Bill, That Judgments and Decrees hereafter to be obtained, in his Majesty's Courts of Law and Equity in England, may be executed in the English Plantations and Colonies in America, be read upon Friday Morning next.

Supply.

Mr. Cowper, according to Order, reported, from the Committee of the whole House, to whom it was referred to consider of the Supply to be granted to his Majesty, the Resolutions 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 read; and are as follow; viz.

Resolved, That it is the Opinion of this Committee, That there be allowed, upon Account, out of the 800,000l. granted to his Majesty, for disbanding the Army, and other necessary Occasions, to clear the Arrears of Pay due to the Lord Gallwaye's Regiment of Horse, Major-General La Mellonier's, Lord Lefford's, and Brigadier Bell-Castle's, Regiments of Foot, now in Ireland, for the time they served there, during the War, and until they were put under the Care of the Paymaster of the Forces in England, the Sum of 34,813 l. 5 s.

Resolved, That it is the Opinion of this Committee, That there be allowed, upon Account, out of the 800,000 l. granted to his Majesty, for disbanding the Army, and other necessary Occasions, to clear the Arrears of Pay and Subsistence due to the Five French Regiments now in Ireland, from the respective times of their being put under the Care of the Paymaster of the Forces in England, to the time of their being last placed on the Establishment of Ireland, the Sum of 126,464 l. 10s. 0d.¼

Resolved, That it is the Opinion of this Committee, That there be allowed, upon Account, out of the 800,000l. granted to his Majesty, for disbanding the Army, and other necessary Occasions, to clear the Arrears of Pay and Subsistence due to the Dutch Forces, commonly called the Fourth Troop of Horse-Guards, the Regiment of Horse-Guards, and the Third Regiment of Foot-Guards, to the First Day of March 1698, the Sum 86,286 l.

Resolved, That it is the Opinion of this Committee, That there is due, by Estimation, to clear the Arrears of Pay and Subsistence to the commissioned Officers, to be disbanded in England, to the 25th Day of March 1699, the Sum of 18,570l.

Resolved, That it is the Opinion of this Committee, That there be allowed, upon Account, out of the 800,000 l. granted to his Majesty, for disbanding the Army, and other necessary Occasions, to clear the Arrears of Pay and Subsistence due, by Estimate, to the noncommission Officers, and private Men, to be disbanded in England, to the 25th Day of March 1699, including the Bounty-money, according to the Allowance formerly given upon disbanding the Troops already broke, the Sum of 11,685 l.

Resolved, That it is the Opinion of this Committee, That there is due, to clear the Arrear of Subsistence and Pay to the Three Marine Regiments of Colonel Seymour, Colonel Colt, and Colonel Mordant, to the First Day of August 1698, at which time they were put upon the Establishment of the Navy, the Sum of 57,711 l.

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

Lords agree to a Conference.

Mr. Heveningham reported to the House, That he having, according to their Order, been at the Lords to desire a Conference, they do agree to a Conference Tomorrow at Twelve a Clock, in the Painted Chamber.

Ordered, That the Committee who drew up the Reasons to be offered at the said Conference, do manage the Conference.

A Message from the Lords, by Sir Richard Holford and Mr. Pitt:

Mr. Speaker,

Rabeshires', &c. Nat.

The Lords have passed a Bill, intituled, An Act for the Naturalization of Theophilus Rabeshires, and others: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Ledlow Election.

Sir Rowland Gwynn, according to Order, reported from the Committee of Privileges and Elections, the Matter, as it appeared to the Committee, touching the Election for the Borough of Ludlow, in the County of Salop, 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 Thomas Newport Esquire, and also upon the Petition of several Burgesses of the Town of Ludlow in the County of Salop, complaining of an undue Return for the Borough of Ludlow:

That there was, upon the Poll,

But, the Right of electing for the Borough of Ludlow being in the Burgesses, the Counsel for the Petitioner insisted, That the Sons of Burgesses, and such as married Burgesses Daughters, have a Right to demand to be made Burgesses: And that several Persons, to the Number of about 34, who had a Right to be made Burgesses, had demanded to be made Burgesses, according to their Right, but were not admitted; and that they offered to poll for the Petitioner, but were refused.

That, as to the Right of Election, it appeared by the Evidence, That heretofore the Right of Election was in the Twelve and Twenty-five; some time after, the Election was by the sworn Burgesses inhabiting within the Town; but in 1667, Mr. Baldwyn stood, and was chosen by the 12, 25, and sworn Burgesses at large; and the House agreed Mr. Baldwyn was duly elected; since which Time, the electing Burgesses to serve in Parliament have been by the sworn Burgesses at large.

As to the Method of making Burgesses, it appeared they were generally made upon Petition:

That there were Three Considerations in making Burgesses; that the common Form of a Petition of a Burgess's Son was to set forth, That he was Son of such a Burgess; and praying, That he might be admitted a Burgess for the accustomed Fee; and upon admitting such a Burgess, he pays 1s. 4d.; but there was one Instance of such Burgess's paying 3s. 4d. which was on the 14th of September 1695.

That the common Form of a Petition for one that marries a Burgess's Daughter was to set forth, That he had married such a Burgess's Daughter; praying to be admitted for the accustomed Fee; and, upon admitting such a Burgess, he pays 6s. 8d.

But the Petition of any other Person, not so qualified, was, to admit him a free Burgess, upon such Considerations as should be thought fit; and such Person, upon his being admitted a Burgess, pays a Fine, at Discretion of the Chamber, to 3, 4, 5, or 6 l.

That the first Question before the Committee was, Whether the Sons of Burgesses, or those who marry

Burgesses Daughters have a Right to be made Burgesses of Ludlow:

And the Question seemed to arise from the Practice of that Borough; which was to admit Burgesses Sons, and those that married Burgesses Daughters, upon Petition; which Petitions are drawn by the Town-Clerk, and by him delivered to the Head-Bailiff.

It was also testified, That if the Person has the Benefit of his Petition, and be made a Burgess, the said Petition is presented to the Chamber, whereof there must be 19 present to elect a Burgess; who, upon the Question, do elect or admit Persons so qualified: And no Instance was given of Persons refused, except One or Two; but sometimes the Head-Bailiff does pocket those sort of Petitions; and so they are not presented; pretending, that as he has a Right of calling a Chamber, so of bringing what Business he shall think fit before them. And,

Mr. Smallman said, That, before King James's Time, he never knew above Two or Three in the Year refused; and this Year there was about Threescore pocketed, and not presented by the Head-Bailiff.

And no Person did say, that they ever remembered any Persons polled but sworn Burgesses.

Edward Robinson, a Witness for the Petitioner, said, He had known Burgesses Sons pay more than 1 s. 4d. and that he has known it gone to Vote of Chamber, Whether admitted, or not?

That for the Sitting-Member was called,

Mr. Richard Cole: Who came into the Corporation in 1660, said, He knew several Petitions by such as were Burgesses Sons, or had married Burgesses Daughters, refused; but could not give any particular Instance:

However, upon looking into the lesser Ledger-book, Fol. 85, it is entered, ult. Junii 1698, thus; viz.

"Then Tho. Rice, John Phelps, and Joseph Pearse, having severally a Right, were severally admitted free Burgesses of this Corporation, paying the accustomed Fees:"

But Mr. Cole said, That the Petitioners did not set forth any Right; and that the Question in the Chamber was only, Whether such a one should be admitted? and that the Petitioner must have the Majority by 19, or else his Petition was rejected; and that he took it to be the Right of the Corporation to elect.

Mr. Geo. Long said, He had Two Sons admitted Burgesses, upon Petition, who paid 3s. 4d. and a Bottle of Wine; and that Six or Seven were admitted at the same time, upon the same Terms; and that, upon the Petition of Burgesses Sons, and those that marry Burgesses Daughters, a Question is put in the Chamber, Whether such a one shall be admitted? which is carried by the Majority of the Chamber, which must consist of 19, at least; and that they set down what Fine they shall pay; and that Edmund King was refused Seven or Eight Years ago; but he could not tell for what Reason:

He further said, That he did believe Burgesses Sons, and those that marry Burgesses Daughters, have a Right; but that Right was useless without the Consent of the Chamber; and that they were sworn.

Mr. Cha. Pierce said, When Persons were refused to be admitted Burgesses, it was only indorsed on the Petition; and that the Chamber either refused or admitted Burgesses as they pleased; and that Luke York was refused, and never admitted; and that he had searched all the ancient Books, and finds no Pretence of Right till the 27th December 1690, when Mr. Smallman was TownClerk, and a Contest about an Election.

That the smaller Ledger, Folio 61, was produced, whereby it appeared, that 14 September 1695, it was ordered, in these Words; viz.

"Then ordered, That Thomas and Edward, the Sons of Mr. Roger Povys, George the Son of Mr. George Long, Nathanael the Son of Mr. Edmund King, William the Son of Wm. Reynolds, Edward York the elder, Richard the Son of Thom. Coates, John the Son of Nicolas Carr, Dr. in Physick, having severally a Right to be Burgesses of this Corporation, be admitted accordingly, paying 3s. 4d. apiece, the accustomed Fee:"

Ludlow Election.

And Fo. 40, of the same Ledger, it appears, That the 18th December 1652, Thomas Coats paid 10s. and is said to be admitted for the accustomed Fee.

And Mr. Peirce said, That the Orders, before their Rising, are read to the Chamber:

That the Low Bailiff declared, Mr. Newport would poll none but sworn Burgesses; that he was present with Mr. Newport, and Lord Newport, the Day before the Election, when that Matter was debated; and Smallman gave Lists of sworn Burgesses only.

Mr. Baldwyn said, That he was very conversant in the Corporation, and elected a Burgess for Parliament thrice, and never heard till now of a Burgess's Right, as a Burgess's Son, or having married a Burgess's Daughter; that if the Chamber favours a Burgess's Son to be admitted, they usually pay but 1s. 4 d. and though they set forth, in their Petitions, they are Burgesses Sons, 'tis only as an Inducement, but it did not conclude their Right; and that, about a Year and Half since, of Eleven that stood to be made Burgesses, but One was made so; and that the Consequence of admitting Burgesses Sons, or such as married Burgesses Daughters, to have a Right, would be, that there would be 500 or 1,000 Burgesses more than at present; and the Town-Clerk would get 100 l. by it.

That the Committee, as to this Point, came to this Resolution;

Resolved, That it is the Opinion of this Committee, That the Sons of Burgesses of Ludlow, and those who marry the Daughters of Burgesses, have a Right to be made Burgesses of the said Borough.

That the next Point that came under the Consideration of the Committee was, Whether the Petitions presented by Burgesses Sons, or those that married Burgesses Daughters, to be made Burgesses, ought to be signed by the Petitioners.

That the Sitting Members Counsel insisted, That Petitions ought to be signed.

Mr. Smallman, the Town-Clerk, said, That not One Petition in a Hundred was signed; and that he knew of no Order for signing them; nor any Petitions rejected for not being signed:

But the Petitioner's Counsel produced an Order, entered in the Ledger-Book, Fol. 216. Anno 1663, in these Words; viz.

"That no Petitions be presented at any time of Meeting, or read, but such as are drawn by the TownClerk, or his Deputy, or Town-Clerk's Allowance; and that Mr. Bailiff for the Time being be made acquainted therewith, before they be read publickly; and the same be subscribed under the Petitioner's Hand:"

But Mr. Smallman said, That he did not remember that Order, and the Practice was otherwise; yet he knew of no Order to revoke it; and all Persons that come into the Chamber do take an Oath to observe Orders made, or to be made.

Mr. Richard Brown, who had been Burgess Eight Years; Mr. John Beeson, and Mr. Tho' Savery, who were of the Chamber; said, They knew several admitted Burgesses upon Petitions not signed.

Mr. Richard Brown, who owned himself no Member of the Chamber, said, They were generally not signed.

And Mr. Tho. Savery said, He had presented Petitions to the Chamber that were not signed.

Richard Brown junior, who had drawn some few Petitions for the Town-Clerk, said, He had known some Petitions put into the Chamber, not signed.

Sir Cha. Lloyd said, He was complimented by the Chamber, and made a Burgess, without signing any Petition.

That, for the Sitting-Member, was produced,

Richard Cole: Who said, he was present in the Chamber when the Order for signing Petitions was made; and that it was always discoursed, and observed as a standing

Ludlow Election.

Order; and that if the Chamber discovered there was not a Hand, or Mark, to any Petition to be made a Burgess, or for a Lease, it was rejected: That the Chamber was sworn to obey Orders: And Sir Edward Leighton was an honorary Burgess; and no Fees are taken of Persons of Quality: That the Corporation never granted Burgessships of Right.

Mr. Benjamin Carver said, He had known Petitions not subscribed, rejected for that Reason; though some have been admitted that have been verified to be by the Parties Consent: But has known Petitions of all forts rejected.

Mr. Price said, That Persons always have put their Name, or Mark, to Petitions in his Time: That he had not seen the Order for subscribing their Names; but had heard it discoursed of.

Mr. Carver, Mr. Peirce, said Mr. Smallman had threatened to bring Actions against them, for drawing Petitions to the Chamber; and told Mr. Peirce, There was an Order for that Purpose:

And Mr. Peirce, who is of the Chamber, said, That he had heard the Matter of signing Petitions discoursed in the Chamber; and that, if they were not subscribed, they ought to be rejected; and Mr. Smallman was then present: That he knew of no Petitions received, that were not signed; and the Reason was, because the Corporation had a great deal of Land, and they would not be imposed upon as to the Person:

And further said, That Brown the elder and younger keep an outward Office, and are not admitted into the Chamber.

Mr. Edward Kettilby said, That Mr. Smallman's Son told him, His Son must sign a blank Paper, for a Petition to be writ over, he having not then time to write the Petition, in order to his being made a Burgess; and Mr. Smallman himself agreed he could not be admitted, unless he signed a Petition.

And that, thereupon, the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That every Person having a Right to be made a Burgess of the Borough of Ludlow, ought not to demand such his Right by Petition, signed by the Petitioner, according to the By-law made in the Year 1663, and not otherwise.

That upon these Resolutions, the Counsel for the Petitioner proceeded to make out his Case: And, as to the Right of those, that the Petitioner insisted ought to be polled;

Mr. Smallman said, That Thomas Farmer, Robert Waldron, Tho. Lewis, and Henry Shepard, have severally, married Burgesses Daughters; and had petitioned to be made Burgesses once, or oftener, before the Election:

That William Harding, John Symonds, Thom. Dymock, Luke York, Walter Houghton, William Peirce, Sam. Reynolds, William Woodall, Richard Cole, William Vernoll, Tho. Edwards, John Taylor, Samuel Short, and Charles Woodhall, were Sons of Burgesses; and had, severally, once, or more, petitioned to be made Burgesses; of the before-mentioned, Wm. Peirce, and Samuel Reynolds under Age when they petitioned:

That as to their demanding to be polled;

Mr. Smallman, Mr. Vernall, Mr. Savery, Tho. Peach, said, That in Court, after all the sworn Burgesses were polled, and before the Casting up of the Poll, Mr. Newport delivered in a List of several Persons that he demanded to be polled; which Paper was put into the Hands of the Town-Clerk; who called Tho. Farmer; and the said Farmer gave his Vote; but, upon calling the next, there was a great Noise and Disturbance, Mr. Peirce, and others, leaping upon the Table, by which he was hindered from proceeding: That the Low-Bailiff was for polling them; but the High-Bailiff against it: That Mr. Newport insisted upon it, as his Right, that they should be polled; and if he could not justify them there, he would justify them in another Place, or to that Effect:

And Peach said, That there were in the Hall, when the Poll was taken, ready to poll for Mr. Newport, against Mr. Gower, the following Persons; viz. Walter Houghton, Sam. Reynolds, John Taylor, Luke York, Tho. Lewis, Hen. Sheppard, Thom. Dymock, John Symonds, Richard Cole, William Vernall, John Edwards, Samuel Short, Robert Waldrond, William Peirce, William Woodall, and Charles Woodall:

That himself was employed to look after these Men; who demanded to poll together, and did speak so loud that they might be heard by the Bailiff; and Mr. Vernall endeavoured to bring them up to the Bar, but was hindered by one Whitney.

Mr. Vernall said, That Mr. Newport, some time before the Election, spoke to him, and Mr. Savory, and another, to engage such as had a Right to be made Burgesses, to be for Mr. Newport; and, accordingly, he spoke to several, some at a Distance from the Town, to the Number of 20 or 30; and, the Night before the Election, he made Two Lists of them, one of which he gave to Mr. Newport, and the other to Mr. Smallman; of which Number were, Thomas Farmer, Robert Waldrond, William Harding, John Simonds, Humph. Blith, Thomas Edwards, William Vernall, Luke York, Tho. Dymock, and Tho. Lewis; who told him, They had a single Vote for Mr. Newport; and when Farmer was called, the rest pressed to the Bar; but were hindered by one Whitney, and Hatton Hughes; which Whitney pulled back Blyth, and struck him with his Elbow, and took him by the Collar: That he can't say they demanded to be polled; but he talked with them in Court; and that the Paper was delivered to Smallman, after the Poll was cast up.

Mr. Tho. Savory said, That there were present in the Court-hall, for Mr. Newport, besides those named by Mr. Vernall, Walter Houghton, Samuel Sharpe, John Taylor, and Peter Grove, who had a Right, and had petitioned:

And he further said, That he did see every Man, whose Name is subscribed to the Petition of the Inhabitants against Mr. Gower, sign the Petition.

That the Committee then heard the Counsel for the Sitting-Member: Who insisted, That there had been ill Practice in getting of Hands, to a Petition presented in the Name of the Inhabitants, against Mr. Gower: And called,

Mr. Geo. Herbert, Mr. Peirce: Who said, Ellis Beddo, William Beddo, Jos. Lane, Henry Sheppard, Peter Crow, Francis Webb, William Woodall, Richard Thomas, Richard Cole, John Simonds, and Luke York, being of the Number of those that had petitioned the House against the Return of Mr. Gower, had signed a Paper, which was read distinctly to them, before they signed it:

Which Paper, being read in the Committee, appeared to be the Petition before offered in the House; by which Petition, they say, That Mr. Smallman and Mr. Savory, about 14 Weeks after the Election, did send for and persuade the Petitioners to set their Hands to One or more Papers, in order to make themselves Burgesses of Ludlow: And denies, that they heard the Petition presented to the House read to them, or the Contents thereof told them: And do deny, that they offered to be polled, and were refused; and, if they had been Burgesses, and had Votes, they would have voted for Mr. Gowre, and not the Petitioner: And that Richard Cole, and all the rest, denied they had signed any Petition against Mr. Gower; but had signed a Paper, which, they were told, would make them Burgesses; and, if they had signed any Petition against Mr. Gowre, they were imposed upon in it, by Mr. Smallman and Mr. Savory; and said, If they had had a Right, they would have been for Mr. Gowre, and not for Mr. Newport:

That Houghton, and some others of the Petitioners, who refused to sign the said Petition, said to the same Effect as those that had signed it:

And Watkins gave it as a Reason why he would not sign the said Petition, because Mr. Smallman would ruin him.

Wigley said, He was Ten Miles from Ludlow at the time of the Election: And, being shewn the Petition against Mr. Gower, he owned his Name to the Petition; but said, It was not read to him; and that Mr. Smallman and Mr. Savory desired him to put his Name to it, as a Paper that would make him a free Burgess at the next Election.

Mr. Pierce said, He took the Poll for Mr. Gower; and that the Burgesses were called over by Mr. Smallman, by a List; and were polled, as they stood in their Places, in the Hall: That Farmer spoke for nobody but himself, that he heard; and that Farmer claimed, as having married John Acton's Daughter, who was disfranchised 26 August 1662, which appears by the Ledger; but whether that was before or after his Daughter was born he could not tell:

That he did see Mr. Newport offer a List to Master Smallman, as Persons to be polled; but Mr. Newport and Smallman would not let the Names be known, though desired by him: That he went upon the Table, with his Hat off, to compare the Poll; and there was no Noise, but of the People crying, A Herbert and Gowre:

That he believes Farmer might demand to be polled, but, after the Poll was cast up; and that the List was also delivered in by Mr. Newport, after the Poll was cast up: And declared, That none demanded to be polled, but Farmer; nor did any of the Persons insisted on by Mr. Newport, in the Hall; though he was in a Place where he could look over all the Hall: And Mr. Smallman declared it a fair Election.

Mr. Baldwin said, He was in the Court at the time of the Election, and sat upon the Bench: That Mr. Smallman called over all that he was satisfied had a Right, viz. The sworn Burgesses, by a List; the Copy whereof he had given to Mr. Herbert and Mr. Gower, the Night before: That the Poll was carried on, and ended very quietly:

That whether Farmer offered to poll, or no, he could not say; but Mr. Smallman did not call him: That Mr. Pierce went upon the Table, and compared the Books; and told Mr. Smallman, Mr. Gower had carried it by Seven; and Mr. Smallman agreed the Number: That he thought the Paper was given by Mr. Newport to Mr. Smallman, after the Numbers were cast up: That, while the Clerks were correcting the Poll, there was no Pretence that any others were to poll; nor did he observe any thing more than common Talk; and that though One of the Bailiffs voted for Mr. Gower, yet they were both in the Petitioner's Interest:

That upon the whole Matter, he thought the Election was fair; and the Bailiffs came to him Two Hours after, and were concerned that the Petitioner had lost it.

That the Petitioner's Counsel, by way of Answer to what was objected, That Mr. Smallman, and Mr. Savory had imposed upon several to sign the Petition against Mr. Gower: called,

John Brown junior: Who delivered in Three Petitions: And he said, they were subscribed by the Parties, and read to them:

And by those Petitions, Richard, Cole, William Woodall, and John Symonds, severally, complain, That they were imposed upon in the signing the Second Petition, they being told the 2d Petitions were only to shew that they were not called to give their Votes at the last Election, or that the First Petition was not read to them.

And that, upon the whole Matter, the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That William Gower Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Ludlow.

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 Sons of Burgesses of Ludlow, and those who marry the Daughters of Burgesses, have a Right to be made Burgesses of the said Borough;

Ludlow Election.

The House divided.

The Noes go forth.

So it was resolved in the Affirmative:

The Second Resolution being read a Second time;

Resolved, That this House doth agree with the Committee in the said Resolution, That every Person having a Right to be made a Burgess of the Borough of Ludlow, ought not to demand such his Right by Petition, signed by the Petitioner, according to the By-law made in the Year 1663, and not otherwise.

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 William Gower Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Ludlow;

The House divided.

The Noes go forth.

So it passed in the Negative.

A Motion being made, and the Question being put,
That Thomas Newport Esquire is duly elected a Burgess
to serve in this present Parliament for the Borough of
Ludlow, in the County of Salop;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Ordered, That the Clerk of the Crown do attend this House, To-morrow Morning, to amend the Return for the Borough of Ludlow, by rasing out the Name of William Gower Esquire, and inserting the Name of Thomas Newport Esquire, instead thereof.

Officers sitting in the House.

Resolved, That this House will, upon Monday Morning next resolve itself into a Committee of the whole House, to consider of the Bill to restrain the Number of Officers sitting in the House of Commons.

Committees.

Ordered, That all Committees be adjourned.

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