Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Martis, 7 die Maii; 1° Willielmi et Mariæ.
Westminster, &c. Courts of Conscience.
ORDERED, That the Report from the Committee, to whom the Bill for establishing Courts of Conscience in Southwarke, Westminster, the Tower Hamlets, and Out Parishes, be made upon Friday next, at Ten of the Clock.
A Bill for the Encouraging of the Woollen Manufacture was read the First time.
Resolved, That the Bill be read a Second time.
A Bill to supply a defective Conveyance, made by Roger Price, of the Manor of Westbury in the County of Bucks, was read the First time.
Ordered, That Leave be given to bring in a Bill in relation to Bankrupts.
Leave of Absence.
Ordered, That Mr. Henry Bertie have Leave to go into the Country, for Three Weeks.
Ordered, That Mr. Buller have Leave to go into the Country, for a Month, his Wife being very ill.
Commissioners of Great Seal to execute Lord Chancellorship.
Sir Wm. Poultney reports from the Committee, to whom the ingrossed Bill, sent down from the Lords, intituled, An Act to enable Lords Commissioners of the Great Seal to execute the Office of Lord Chancellor, and Lord Keeper of the Great Seal of England, was re-committed, That the Committee do think fit to stand to their last Amendment, but that the Clause [A] be added for the Custos Rotulorum, to nominate the Clerk of the Peace; and for the Justices of Peace to remove the Clerk of the Peace in case of Misdemeanor, and the Custos Rotulorum to nominate another; and also, another Clause [B], for the Clerk of the Peace to swear, that he hath not nor will give any thing for his Place.
Both which Clauses were severally read Twice; and, upon the Question severally put thereupon, agreed unto by the House to be Part of the Bill.
A Proviso was offered to be made Part of the Bill, for excepting the Duchy of Lancaster out of the Bill: Which was Twice read, and agreed to by the House to be Part of the Bill.
Declaration of War against France.
Mr. Hamden, One of his Majesty's most honourable Privy Council, acquaints the House, That his Majesty had been pleased to command him to acquaint the House, That he will presently issue forth a Declaration of War against France; and that he is encouraged thereunto by the Assurance this House hath given him of their Assistance; and that his Majesty was graciously pleased to command him to return his Thanks to the House for it.
Colonel Birch reports from the Committee of Privileges and Elections, to whom the Matter, touching the Election of Burgesses to serve in this present Parliament for the Borough of Abingdon in the County of Berks was referred, the State of the Case, as it appeared to the Committee: Which he produced in Writing to the House; and is as follows:
Upon reading the Petition of Sir John Stonehouse, Baronet, against Thomas Medlicot, Esquire, touching the Election of a Burgess to serve in this present Parliament for the Town of Abingdon;
That the Question, that was insisted on, was, Whether the Petitioner, or the said Mr. Medlicot, had polled most Inhabitants, paying Scot and Lot.
That, for the Petitoner, the Counsel called
Mr. Oliver: Who said, That there was an Election between Mr. Dunce and * Stonehouse: That Mr. Dunce had the greater Number of Pollers at First; but, when the Mayor had examined the Poll, * Stonehouse had the greater Number of Scot and Lot Men; and carried it.
Mr. Cordery said, * Stonehouse was chosen by the Scot and Lot Men: That he has known Six Elections, or more: That they did as now; only used to examine who were Scot and Lot Men afterwards.
Mr. Evelyn said, He was there before the Poll was taken: That Sir John Stonehouse, being disabled from appearing himself, appointed somebody to appear for him; That the Gentlemen that were to manage the Poll did agree, That they should admit all, upon Condition there should be a Scrutiny of Scot and Lot Men afterwards. That he see Sir John Stonehouse, the Saturday before the Election, knocked down, by him that carried the Pole with Mr. Medlycott's Colours, without any Provocation.
Mr. Thursby said, That at the Opening of the Poll, Mr. Medlicott said, If we scruple the Men now, we shall never take the Poll; let us take the Poll, and we will strike out them that have no Right afterwards: That Sir John Stonehouse was so barbarously used, he could not be at the Election: That, it being given out, that Sir John Stonehouse would not stand, he was desired to come over; and accordingly, coming on Saturday before the Election in Ox-street, Mr. Medlicott's Men being there, and the Standard-bearer, they flourished their Pole, and he see Sir John Stonehouse knocked down; and they cried, "No Stadley Charter:" That he see no Blows before; but afterwards, there were Blows on both Sides: That Wyblin, that knocked down Sir John Stonehouse, gave his Vote for Mr. Medlicott: That Two of Mr. Medlicott's Sons were there: But he cannot say, any of the Sons gave any Blows: That Wyblin had been burnt in the Hand: That Wyblin being apprehended, and brought before the Mayor, Mr. Medlicott undertook for his Forthcoming.
Mr. Polly delivered in a List of Ninety-eight Names; and said, He was desired to look over the Poll, and see who paid Scot and Lot; and that the Ninety-eight, whose Names he gave in, did pay Scot and Lot, and voted for Sir John Stonehouse: That he is Overseer of the Poor, and knows the Men: That he took the Names out of the Church Book; and says, The Rate is made up at Michaelmas and Easter; and all the Names are in One of the Books.
Mr. Fletcher: That seeing somebody knocked down, he discovered it afterwards to be Sir John Stonehouse: That they also fell upon Him, and broke his Head in Two or Three Places.
A Witness said, The Agreement was, to go to a quiet Poll, and go to an Inspection afterwards: That several, that were set down for Mr. Medlicott, were named by other People.
That, for the Sitting Member, the Counsel agreed the Right of Election to be in the Scot and Lot Men; but alleged, that upon the Scrutiny of Michaelmas Rate they had but Eighty-seven Voices, and Mr. Medlicott One hundred and Five: And called
Mr. Napp, Town Clerk, who said, He took the Poll indifferently, by Order of the Mayor; and that it is a true Poll; but can say nothing as to their paying Scot and Lot: But when he had taken the Poll, and no more came, the Mayor desired him to cast up the Poll in general: Which he did; and there was no Scrutiny for the bad Voices then; because, allowing the bad Voices as they would have it, Mr. Medlicott would have had a Majority.
Thomas Mathers delivered in Two Papers of Polls; and said, upon the Scrutiny there was 87 for Sir John Stonehouse, and 105 for Mr. Medlicott, that pay Scot and Lot: That he examined them with Mr. Medlicott's Son by the Church Book: That he believes the Examination was after Mr. Medlicott understood there was a Petition against him, touching the said Election.
Mr. Edmund Medlicott: That he compared the Poll with the Church Book; and took an Abstract of them that paid Scot and Lot; and a Poll of them that neither pay nor receive, and a Poll of them that received Alms: That there was Eighty-seven of them that paid Scot and Lot for Sir John Stonehouse, and One hundred and Five for Mr. Medlicott: That there was no Scrutiny at the time of the Poll; but they had queried Fifty of Mr. Medlicott's Men; and, abating them, and taking Sir John Stonehouse's Men for good, Mr. Medlicott had the Majority. That Sir John Stonehouse going down Ox-street, and some Soldiers with him, one Browne, hearing some cry, No Radley Charter! fell upon one of Mr. Medlicott's Men (the meaning of the Cry, as he believes, was, because Sir John Stonehouse got the Charter of the Town, and carried it to Radley): That Sir John Stonehouse bid them knock down the Man; but, for himself, he did what he could to keep the Peace.
Mr. Evelyn and Mr. Thursby, being brought to confront Mr. Medlicott, said, There was no such thing, as Sir John Stonchouse's bidding knock down.
Another Witness, Mr. Ch. Medlicott, said, He see one Browne knock down one of Mr. Medlicott's Men first; and that the Man that carried the Pole was knocked down twice, before he struck a Blow.
Another Witness said, The Man that carried Mr. Medlicott's Colours knocked down Sir John Stonehouse; and that he displayed the Colours so near to Sir John Stonehouse, that Sir John was fain to hold up his Hand to save himself from them.
That, upon the whole Matter, the Committee came to Two Resolutions: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, are as followeth:
Resolved, That it is the Opinion of this Committee, That Thomas Medlicott, Esquire, is not duly elected a Burgess to serve in this present Parliament for the Town of Abingdon in the County of Berks.
Resolved, That it is the Opinion of this Committee, That Sir John Stonehouse is duly elected a Burgess to serve in this present Parliament for the said Town of Abingdon.
The First of the said Resolves being read a Second time;
Resolved, That this House doth agree with the Committee, That Thomas Medlicott, Esquire, is not duly elected a Burgess to serve in this present Parliament for the Town of Abingdon in the County of Berks.
The Second of the said Resolves being read a Second time;
And the Question being put, That this House doth agree with the Committee in the said Resolve;
It was resolved in the Negative.
Colonel Birch reports from the Committee of Privileges and Elections, to whom the Matter, touching the Election of a Burgess to serve in this present Parliament for the Borough of Ilcester in the County of Somersett, was referred, the State of the Case, as it appeared to the Committee: Which he produced in Writing to the House, and is as follows:
Upon the Petition of Wm. Strode, and John Speake, Esquires, touching the Election of Burgesses to serve in this present Parliament for the Town of Ivilcester in the County of Somerset;
That the Question was, Whether the Petitioners, or the Sitting Members, had the Plurality of Votes of those that had Right to elect.
That it appeared, by the Poll taken by the Bailiff, That Sir Edw. Windham, Baronet, and Wm. Hellier, Esquire, had each of them Fifty-eight Votes; that Mr. Speake had Fifty, and Mr. Strode Fifty-two Votes.
But, for the Petitioners, the Council alleged, Fourteen that voted for the Sitting Members, were not duly qualified: And that the Right of Election lay in the Inhabitants of the said Town paying Scot and Lot; which the Town called Pott-wallers. And they called
Raymond and Mitchell: Who testified, That as to Ten of the Persons polled for the Sitting Members, they were Boarders; and not possessed, in their own Right, of any House, so as to be called Pott-wallers.
And as to Four others of the Fourteen, viz.
Thomas Collins, he said nothing positive:
Richard Hoddy was Parson; and he paid Scot and Lot for his Parsonage, but tabled with one Mr. Elbourne:
That Thomas Abbot was a Prisoner; but at Liberty, at that time, to Poll:
That Hen. Light was no Housekeeper in the Borough, but had been Bailiff of the same. And,
* Ashfeild said, Two were refused to Poll for Mr. Strode and Mr. Speaker, who had a Right; viz. Thomas Cleve, and Richard Marsh.
For the Sitting Members, the Counsel insisted, That they had the Majority by the Poll taken by the Bailiff; and that, over and above those that were polled, there was Twelve others tendered themselves to be polled, on Behalf of Sir Edward Windham, and Mr. Hellier; and that several, that polled for the Petitioners, had no Right to poll. And called
Robert Smith: Who said, That John Warters, who voted for the Petitioners, lived in the Town House: And that the Persons polled by the Sitting Members, and objected to by the Petitioners, had polled at former Elections, and were sufficient Persons: That several, who had good Votes, tendered themselves to be polled for the Sitting Members, and were refused; viz. one * Raymond, John Bayle, Fran. Masters, and John Pavier.
James Robert Dawes, Robert Golsar, and Thomas Nappier, testified, That Thomas Bartlet, and Thomas Cheny, who polled for the Petitioners, declared, They would not give their Votes for them, unless they had Money given them for it.
That, upon the whole Matter, the Committee came to a Resolution: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, is as followeth;
Resolved, Nemine contrudicente, That it is the Opinion of this Committee, That Sir Edw. Windham, Baronet, and William Hellier, Esquire, are duly elected Burgesses to serve in this present Parliament for the Borough of Ivilcester in the County of Somerset.
The said Resolve being read a Second time;
Resolved, That the House doth agree with the Committee, That Sir Edward Windham, Baronet, and Wm. Hellier, Esquire, are duly elected Burgesses to serve in this present Parliament for the Borough of Ivilcester in the County of Somerset.
The House interpose to prevent a Quarrel.
The House being informed, that there had some hot Words passed between Wm. Harbord, Esquire, and Captain Henry Bertie; and that they were gone out of the House;
Resolved, That the Serjeant at Arms attending the House do go presently and secure them both.
And they being come into the House, were required to, and accordingly did, severally promise, upon their Word and Honour, not to prosecute any Quarrel upon that Occasion.
A Message from the Lords, by Sir Miles Cooke and Mr. Methwin;
Annulling Lisle's Attainder.
Mr. Speaker, The Lords have passed a Bill, intituled, An Act for annulling and making void the Attainder of Alitia Lisle, Widow; to which they desire the Concurrence of this House;
Nassau's &c. Nat.
Also they have passed the Bill for the Naturalization of Henry de Nassau, and others, without any Alteration.
And then the Messengers withdrew.
Ordered, That Sir Christopher Musgrave, Mr. Solicitor General, Mr. Dolben, Mr. Carter, Sir Tho. Littleton, Sir John Key, Sir Fra. Russell, Sir Hen. Goodrick, Sir Walter Young, be added to the Committee to whom it is referred to prepare Reasons, to be offered at a Conference with the Lords, touching the Bill for disarming of Papists: And the Committee are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber; and to make their Report to the House To-morrow Morning.
Rights of the Subject, and Succession to the Crown.
Ordered, That the Bill for establishing the Articles, presented by the Lords and Commons to their Majesties, and settling the Crown, be read the Third Time To-morrow Morning, at Ten of the Clock; and nothing to intervene.
Ordered, That the Debate, touching the Discharging of Richard Janeway out of Custody be adjourned till To-morrow Morning, after the Bill for the Establishing the Articles, and settling the Crown, is read.
And then the House adjourned till To-morrow Morning, Nine of the Clock.