House of Commons Journal Volume 10: 12 April 1690

Sabbati, 12 die Aprilis; 2° Gulielmi et Mariæ.

Prayers.

Wolstenholme's Estate.

AN ingrossed Bill to enable John Wolstenholme, Esquire, to sell Lands to pay Debts, was read the Third time.

An Amendment was proposed to be made, Press 3, Line 3, to leave out "and;" and insert "by and with the Advice and Consent of:" And, upon the Question severally put thereupon, the same were agreed unto by the House; and the Bill amended at the Table accordingly.

Resolved, That the Bill do pass: And that the Title be, An Act to enable John Wolstenholme, Esquire, to sell Lands, for Payment of Debts.

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

Coventrye's Estate.

An ingrossed Bill to supply a Defect in an Act of the last Parliament, for Sale of a House, late Mr. Secretary Coventrye's, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act to supply a Defect in a former Act of the last Parliament for the Sale or Leasing of a House, late Henry Coventrye's, Esquire, in Piccadilly.

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

Fenwick's Estate.

A Bill to enable Sir Robert Fenwick to sell Lands for Payment of Debts, was read the Third time.

Resolved, That the Bill do pass: And that the Title thereof be, An Act to enable Sir Robert Fenwick to sell Lands for Payment of his Debts.

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

Hudson's Bay Company.

A Bill for confirming, to the Governor and Company trading to Hudsons Bay, their Privileges and Trade, was read the First time.

Resolved, That the Bill be read a Second time.

Supply Bill; late Queen Mary's Estate.

A Bill to vest in their present Majesties the Lands and Estate belonging to the late Queen Mary, or any other Person in Trust for her, was read the Second time.

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

Danvers' Petition.

A Petition of John Danvers, Esquire, was read; setting forth, That, in 1661, during the Petitioner's Minority, the Manor of Dauntsey in Wiltshire was seized into the King's Hands as the Estate of the Petitioner's Father, by virtue of the Act of Pains, Penalties and Forfeitures; which Manor was after granted to the Duke of Yorke and his Heirs; and is now settled in Trustees for the Use of the late Queen Mary: That the said Manor was entailed on the Petitioner; and, for asserting his Right thereto, he brought an Ejectment; whereon a special Verdict was found by the Direction of the Chief Justice Hales: But, in Judge Rainsford's time, Judgment was given against the Petitioner: Upon which there is now depending in the Exchequer Chamber a Writ of Error undetermined: And praying Provision may be made in the Act now passing for vesting the Estate of the late Queen Mary in their Majesties, That such Right as the Petitioner hath therein may not be prejudiced.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill to vest in their present Majesties the Lands and Estate belonging to the late Queen Mary, or to any other Person in Trust for her, is referred.

Late Queen Mary's Creditors.

A Petition of several Tradesmen, who served the late Queen Mary, was read; setting forth, That the Petitioners served the said Queen in their respective Trades; and sold and delivered to her Use divers Goods and Manufactures, at reasonable Rates, to the Value of Six thousand Three hundred Eighty-eight Pounds Seventeen Shillings, for which they have received no Satisfaction: That, by the Bill that is now depending for vesting the said late Queen's Estate in their Majesties, the Petitioners, and their numerous Families, will be deprived, and suffer, by reason of their Loss of their just Debts, without some Provision be made for them therein: That this honourable House, the last Sessions, being sensible of the deplorable Case of the Petitioners, made a particular Provision in the like Bill, although, through the Mistake of the Value of the Lands (which is not above Two thousand Eight hundred and Fifty Pounds per Annum), the Arrears thereby appropriated to that Use would not have answered their Debts, as was intended: And there being now, in the Hands of the Tenants, Arrears, sufficient to satisfy the same, and praying that a Clause may be inserted in the said Bill for securing the Payment of their just Debts out of the said Arrears in such manner as this House shall think fit.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, to whom the Bill to vest in their present Majesties the Lands and Estate belonging to the late Queen Mary, or to any other Person in Trust for her, is referred.

Duties on Linen, &c.

A Motion being made, for the Continuance of the Impositions on all French Linens, and all East India Linen, and several other Manufactures of India, and on all French Wrought Silks and Stuffs, and on all other Wrought Silks, and on all Brandies;

Resolved, That this House will, upon Tuesday Morning next, at Ten of the Clock, resolve itself into a Committee of the whole House, to consider of the said Motion, and of the Book of Rates, and the Balance of Trade; and particularly, in the First Place, of Linen, Silk, Wine, and Brandy; whereby to encourage our Allies, and to discourage the Trade with France, and to encourage and advance our own Manufacture.

Earl of Essex's Estate.

A Message from the Lords, by Sir Miles Cooke and Sir Rob. Legard;

Mr. Speaker, The Lords have passed a Bill, intituled, An Act to enable Algernoone Earl of Essex to make a Wife a Jointure, and for raising Monies for Payment of Six thousand Pounds borrowed to make up the Lady Morpeth's Portion; to which they desire the Concurrence of this House.

And then the Messengers withdrew.

Bedford Election.

Mr. Gray reports from the Committee of Privileges and Elections, to whom the Matter touching the Double Return and Election for the Borough of Bedford, in the County of Bedford, was referred, the State of the Case, as it appeared to the Committee: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth;

Upon hearing the Matter of the Petition of Sir Wm. Francklyn, setting forth several ill Practices in the Double Return of Burgesses for the Borough of Bedford; and upon hearing the Merits of the said Return and Election;

The Committee proceeded first to inspect the Records of the said Returns: And find by one Indenture, dated Eighteenth Mar. 1689, mentioned to be made between Samuell Carter, Esquire, High Sheriff of the County of Bedford, of the one Part; and William Beckett; Mayor of Bedford; Edw. Pilkington, Bailiff, and other Burgesses of Bedford; Sir Wm. Franklin, Knight, and Thomas Hillersdon, Esquire, are returned Burgesses for the said Borough.

By another Indenture, dated Fifteenth Mar. 1689, mentioned to be made between the said High Sheriff, of the First Part; and Robert Thomas, elder Bailiff, and others, Burgesses of the said Borough, of the other Part; Thomas Hillersdon, Esquire, and Thomas Christie, Esquire, are returned Burgesses for the said Borough.

For Sir Wm. Franklin, the Counsel insisted, That it was first a single Return made by the High Sheriff; and afterwards made Double, by the Adding of another Indenture by the Under Sheriff: And produced, as Witnesses,

Mr. Fran. Brace, Mr. Becket, Mayor, Sam. Cater, High Sheriff, and Mr. Milton.

Upon Examination of these Persons, the Fact appeared to be thus:

Mr. Cater the Sheriff delivered the Precept to the Mayor, directed only to him: And, at the Election, the Precept being begun to be read, Exception was taken at the Direction, because it was not directed to the Bailiffs, as well as to the Mayor, as it was insisted it was used to be: And thereupon one Dymock, a Deputy to the Under Sheriff, who had then the Seal of the Office, interlined "Bailiffs" in the said Direction; and then they proceeded to the Election: And, after the Election was over, the High Sheriff received the Precept back from the Mayor (not knowing "Bailiffs" was added), with the Indenture by which Sir Wm. Franklyn and Mr. Hillersdon were returned only; and, having annexed them to the Indenture for the County, delivered them to the Under Sheriff, to be filed in the Crown Office; But the Under Sheriff (though there were some Covenants between him and the High Sheriff not to intermeddle in Elections) carries to the Crown Office the other Indenture returned by the said other Bailiff and Burgesses (in which Mr. Hillersdon and Mr. Christy were returned) annexed to the Indenture returned by the Mayor: Between which Indenture was fixed the Sheriff's Precept: But, before Delivery of the said Returns into the Crown Office, being in the Antichamber, the Under Sheriff inquired of Mr. Milton, Deputy Clerk of the Crown, Whether it was necessary to deliver in the Precept: And Mr. Milton informing him, Some did, and some did not; the Under Sheriff cut off the Precept, and delivered in the Indentures into the Office.

For Mr. Christie the Counsel insisted, That Sir William Franklyn was not duly returned; the Precept being directed to Mayor and Bailiffs, and it was returned by the Mayor and one Bailiff only: And called

Syman Urlyn, Shem Hanwell, Robert Thomas: Who testified, That the Bailiffs were inserted with the full Consent of the Candidates.

And produced Two Indentures of Return, one of 12 Februarii 78, the other 18 August 79, between the Mayor and Bailiffs of one Part, and the High Sheriff of the other:

By which it appeared, That the Precept was then directed to the Mayor and Bailiffs.

After the Matter of the Petition and Return was heard, the Counsel of both Sides were directed to proceed as to the Merits of the Election, according to the Order of the Committee of the Twenty-eighth of March last.

The Counsel for Sir Wm. Francklyn then insisted, They had not been served with the Order; and wanted their Witnesses, and some Books: But the Committee being informed, they had applied themselves for no Order for Witnesses, nor Books, proceeded upon the Merits of the Election.

And the Counsel for Mr. Christie produced a Declaration of the Common Council, of Nineteenth December 1687, That every Inhabitant not taking Collection, nor being a Sojourner, hath a Vote: And called

William Faldo, John Crawley, John Pawlyn, Wm. Stringer: Who spoke as to Six or Seven Elections that they had known; and said, That the Burgesses, Freemen, and Inhabitants, being Housholders of Bedford, not receiving Collections, had the Right of electing Members to serve in Parliament.

And Sir Humph. Winch, being examined, said, He was elected by the same Persons for Bedford; and that he was returned by the Mayor and Bailiffs.

Urlyn, being examined, said, He was one that took the Poll by Order of the Mayor: And that Mr. Christie had 290 Voices, Mr. Hillersdon 284, Sir Wm. Franklyn 249, Sir Anthony Chester 218: That, in his Poll, there were 69 queried by the Mayor for Mr. Christie, 63 queried for Mr. Hillersdon, 60 queried for Sir Anthony Chester, and 54 queried for Sir Wm. Franklyn.

Shem Hanwell said, He was another appointed by the Mayor to take the Poll: And that, according to his Book, Mr. Christie had 291, Mr. Hillersdon 285, Sir Wm. Francklyn 254, and Sir Anth. Chester 213; and that 69 were queried for Mr. Christie, and 68 for Sir William Francklyn; and he queried all the Mayor bid him.

Urlyn and Handwell said, the Election began on Ash Wednesday, and was then adjourned to Thursday, when the Poll was closed; and, though Mr. Christie demanded the Poll to be cast up, was then adjourned till the Afternoon, Three of the Clock, to the Swan in Bedford; then adjourned till Friday was sevennight; then adjourned till Saturday; and then adjourned till Tuesday; and then the Mayor declared the Election, when Mr. Christie had taken Coach for London.

John Fen said, That he knew the Persons that polled; and they were all good Voices.

Hanwell and Chaplyn testified, That the Mayor had had the Town Books, and was again offered to inspect them.

John Fenn and Wm. Weele said, That Sir William Francklyn had dispersed several scandalous Reports of Mr. Christie before the Election, on purpose to alienate Mr. Christie's Friends.

Robert Thomas, the elder Bailiff, said, He did not agree to the Return of the Mayor, nor Adjournment of the Poll.

And that, upon the whole Matter, the Committee came to several Resolutions: Which the said Mr. Grey read in his Place: and afterwards delivered the same in at the Clerk's Table: Where the same were read; and are as followeth;

Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of Bedford is in the Burgesses, Freemen, and Inhabitants, being Householders of Bedford, not receiving Alms.

Resolved, That it is the Opinion of this Committee, That Sir William Francklyn is not duly elected a Burgess to serve in this present Parliament for the Borough of Bedford.

Resolved, That it is the Opinion of the Committee, That Thomas Christie, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Bedford.

Resolved, That it is the Opinion of this Committee, That the Matter upon the Petition of Sir Wm. Francklyn, and of the Return of Burgesses for the said Town of Bedford, be especially reported to the House.

A Petition of Sir Wm. Francklyn was offered to the House, and brought to the Table, to the Effect following; That he was surprised, by the Order of Committee Mr. Christie had obtained, to hear the Merits of the Election, with the Matter of the Double Return; and therefore had not instructed his Council, nor was provided for a Defence in that Matter; the said Order being obtained ex parte.

And the Question being put, That the Petition be read;

It passed in the Negative.

A Motion being made, and the Question being put, That the Matter of the Election of the Burgesses to serve in this present Parliament for the Borough of Bedford be re-committed;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Then the First Resolution being read a Second time;

Resolved, That the House doth agree with the Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of Bedford is in the Burgesses, Freemen, and Inhabitants, being Housholders of Bedford, not receiving Alms.

The Second of the said Resolutions being read a Second time;

Resolved, That the House doth agree with the Committee, That Sir Wm. Francklin is duly elected a Burgess to serve in this present Parliament for the Borough of Bedford.

The Third of the said Resolutions being read a Second time;

Resolved, That the House doth agree with the Committee, That Thomas Christie, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Bedford.

Ordered, That the Under Sheriff of the County of Bedford be taken into the Custody of the Serjeant at Arms attending this House, for his Misdemeanor touching the Return of Burgesses to serve in this present Parliament for the Town of Bedford.

Ordered, That the Mayor of the Town of Bedford be taken into the Custody of the Serjeant at Arms attending this House, for his Misdemeanor in the late Election of Burgesses to serve in this present Parliament for the said Town.

Ordered, That the Mayor and Bailiffs of the Town of Bedford do attend this House upon Monday Morning next, to amend the Return of Burgesses to serve in this present Parliament for the said Town: And that the Clerk of the Crown do then also attend with the said Return.

Resolved, That after a Return made into the Crown Office of Members to serve in Parliament, the same shall not be altered by the Sheriff, or the Clerk of the Crown, or any other but by this House.

Ordered, That all such Members, who are returned for Two or more Places, do, upon Monday Morning next, make their Elections for which Place they will serve.

And then the House adjourned till Monday Morning next, Eight of the Clock.