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, 2 die Aprilis; 1° Willielmi et Mariæ.
Citizens fined for Riot in 1683.
THE House being acquainted, that divers of the Citizens, of London (whose Petition was offered Yesterday) were at the Door, to own their Petition;
Resolved, That they be called in.
And there accordingly came to the Bar, Mr. Bethell, Mr. Jekill, Mr. Swinnocke, Mr. Key, and Mr. Jenks: who owned the Petition.
The Petition of divers Citizens, accused of a Riot at Guild-hall, London, 24 Junii 1682, and fined for the same 8 May 1683, viz. Thomas Pilkington, Major Slingsby Bethell, Samuel Swynocke, John Deacle, Richard Freeman, Robert Kaye, Executors of Samuel Shute, Executors of Alderman Cornish, Executors of Sir Thomas Player, Executors of Francis Jinks, John Wirkham, and John Jeakell senior; alledging, that they were unjustly fined, some in One thousand Marks, others in less, according to the Degree of Prejudice against them, amounting in all to Four thousand One hundred Pounds; and that Mr. Bethell suffered Nineteen Months Imprisonment; and praying the House to consider their Case; was read.
Ordered, That it be referred to the particular Committee appointed to examine the Matters relating to the City of London, which were reported from the Grand Committee of Grievances the Fifth of March last, to examine the Matter of the said Petition, and report the same, with their Opinions therein, to the House.
Leave of Absence.
Ordered, That Sir James Moreton have Leave to go into the Country, for Three Weeks.
Sir Francis Russell reports from the Committee, to whom the Bill for taking away the Duty arising by Hearthmoney, was referred, That they, having taken the same into their Consideration, had agreed upon several Amendments to be made, and a Clause to be added to the Bill: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were once read throughout; and a Second time one by one; and, upon the Question severally put thereupon, were agreed unto by the House.
Resolved, That the Bill, with the Amendments and Clause, be ingrossed.
Sir Rich. Temple reports from the Committee of Privileges and Elections, to whom the Matter, touching the Election for the County of Essex, was referred, the State of the Fact, as it appeared to the Committee: Which he produced in Writing; Which being read at the Table, is as followeth:
Upon the Petition of John Lemott Honeywood, Esquire, against John Wroth, Esquire, the Sitting Member for the County of Essex;
That the main Question was, Whether the Poll was duly closed or no.
That, for the Petitioner, his Counsel opened it, That the Day, appointed for the Election, was Thursday 10th January; and that, upon the View, Colonel Mildmay and Mr. Honeywood appeared to have Three or Four to One to what Captain Wroth had: That, whereas the Poll might have been ended that Day, the Coroner had, by several Adjournments, continued the Poll till the Tuesday following; and, at last shut up the Poll before all had polled for Colonel Mildmay and Mr. Honeywood: That, notwithstanding, Captain Wroth carried it but by Twentysix Voices; Colonel Mildmay having 1,437, Mr. Honeywood 1,302, and Captain Wroth 1,328, by the Poll taken by the Coroner.
Lewis Prescott, a Witness, said, He went to the Court House a Thursday, the Day of the Election, about Ten a Clock: About half an Hour after Ten, the Coroner came and read the Prince's Letter: As soon as it was done, the whole Multitude, about 1,200 as he believes, cried out, A Mildmay! and A Honeywood! and so continued for an Hour's time: About half an Hour after Eleven of the Clock, Two Chairs were brought to carry Colonel Mildmay and Mr. Honeywood: But, whilst they were brought, Mr. Wroth came, with a Party (as he believes) of Two hundred Men, and no more; and demanded a Poll. Mr. Whitacre took the Poll for Colonel Mildmay and Mr. Honeywood, which Mr. Haynes also inspected; and Two others, I suppose, took the Poll for the Coroners and Mr. Wroth. About half an Hour they polled; and adjourned till Three: About half an Hour after Three, the Coroner came, and did not poll above a Quarter of an Hour: Then it was agreed to go into the Church-yard and have a View: Colonel Mildmay and Mr. Honeywood's Party went to the Right Hand; Mr. Wroth's to the Left: And says, that, upon the View, it appeared to him, that Colonel Mildmay and Mr. Honeywood had Three to One. When they came out of the Church-yard, they polled till about half an Hour after Five; and then adjourned till Friday Morning, Eight a Clock: But the Coroner came not till almost Ten. Afterwards he adjourned till Three in the Afternoon; and did not come till Four; then polled till almost Six; and adjourned till Seven Saturday Morning. On Saturday Morning, he came not till Ten. From Saturday they adjourned till Monday Ten a Clock: They polled till Two in the Afternoon; and then adjourned till Four. On Monday, he came about Four, and polled; and, about Six, adjourned till Tuesday Morning, Eight a Clock. On Tuesday Morning, about Eight, the Coroner came; and, after he had polled above Three Quarters of an Hour, the Coroner bid the Crier make Proclamation. And says, he pressed into the Court: At first they told him the Poll was closed; but afterwards admitted him to poll: That, whilst he was swearing, the Crier made 'Proclamation "The Poll was closed." That several afterwards demanded a Poll; but it was answered, "The Poll was closed." He says, there was about 150 crying out, A Mildmay! and A Honeywood; and some he knew, had not polled. Mr. Whittakre was discharged Monday 11 Clock.
Thomas Haines, another Witness, said, He was Inspector of the Poll: And says, those that polled for Colonel Mildmay, and Mr. Honeywood, they would give them a Check; and take their Books from their Hands. At the End of the Poll they made Three Oyez! as fast as they could: Whereupon Colonel Mildmay said, "You ought to keep a Pause; I have not polled for, Honeywood, nor Honeywood for me: But the Clerk cried Oyez; and the Poll was closed. He went off the Bench, and there was a Number of Men to be polled; and one Byatt was taking an Account of the Names of those that would have polled. Alter the Poll was closed, Mr. Whittakre and he would have inspected the Casting up of the Poll; but were not admitted.
Simon Massey said, He was there all the Time: That, when the Poll was closed, there was Abundance of People to poll: Several Persons cried out to be polled; but they shut the Book; and said, no more should be polled. He says, He knew several of them to be Freeholders, particularly one Chandler.
Ralph Manwareing said, There were several to poll, when they heard "Oyez" cried out; so he persuaded several of them to croud in; and he heard them cry out, they wanted to be polled, "I would poll Mildmay and Honeywood:" Notwithstanding, presently the Poll was shut up.
Wm. Pryatt said, He see Mr. Thory, the Coroner, shove those Men away from him, that was of that Side the Court next to Mr. Honeywood, and reached over his Hand to them on the Side next Mr. Wroth, to poll: He says, he was shoved back twice: Then he, and some others, went where the Nisi Prius was; and set down the Names of some that had not polled: Of which, he knows Seven to be Freeholders; which he named.
Edward Soames said, He was present at the Settingdown the Names of them .... had not polled; whereof he knows Sixteen to be Freeholders, whom he named; and that they could not be accepted to be polled: And says, several had been abused, by rapping their Fingers. That Velley told Sir Samuel Husbands, he had given such Directions about it, the Poll could not fail.
Abbott said, The Election lasted from Thursday till Tuesday: That he knew Fifteen to be Freeholders, which he named, that had not polled: He says, they cried out to be polled, and could not be heard; and he was one at taking their Names.
William Penton said, He requested them not to speak, unless they were Freeholders: They answered they would swear it; particularly Edward Harrington, Thomas London.
Richard Green said, He knew Jeoffrey March and John Tayler (who said they had not polled) to be Freeholders.
So they gave an Account of about Forty-one that were Freeholders, and who were put down in a Paper, immediately after the Paper was closed; and declared they would poll for Colonel Mildmay and Mr. Honeywood.
That, for the Sitting Member, the Counsel agreed the Poll continued, as before: But the Question was, Whether those that offered themselves to be polled were refused before the Poll was closed. That there were Five Proclamations; and when the Poll was closed, there were Persons wanted to be polled for Captain Wroth, as well as for the Petitioner. The Number polled for each of the Candidates was also agreed.
Thomas Winnell, a Witness, said, That about One hundred of them agreed to go down to Sir Thomas Fanshawe and Mr. Maynard; but, in regard they had Notice they did not stand, they did not intend to go down: But, afterwards, understanding Mr. Wroth stood, they went down: That, with Difficulty, they got in; but some went away, and did not poll because of the Number; and, knowing they came for Captain Wroth, they were jostled and hindred to come. He said, that, on Tuesday Morning, coming from Colchester Ward, he overtook about Fourteen coming to poll for Mr. Wroth; and asking them, who they intended to poll for, they said, For Mr. Wroth: And, when he came into the Town of Chelmsford, they were closing up the Books; the Poll was over; and believes there was Sixty for Mr. Wroth to be polled then.
* Lee said, That he assisted at the Poll, at the Coroner's Request, as Clerk; and, that as fast as they were sworn, he wrote down their Names; and they were inspected, to see they wrote them down: Mr. Haines was for Mr. Honeywood and Colonel Mildmay: That it continued from Thursday till Tuesday Ten or Eleven a Clock: That the Court then grew mighty thin; and the Coroner ordered the Crier to make Proclamation with Three Oyes's; and then it was that Mr. Crescut came in; and his Name was set down, and Two alter him was sat down: After that, there was Two more Proclamations with Two "Oyes's, That if there was any other Freeholders they should come and poll." That there was about half an Hour between them all: There was a confused Noise, after the Poll was closed: Some cried, "Shut up the Books;" and others called for a Poll: That they carried away the Books on Saturday; when about Sixty cried, "Run, knock them down, take away the Books;" which was the Reason they did not admit them at the Casting-up the Books: That Colonel Mildmay did say, 'You should make a little longer Stay betwixt the Proclamations; and he had not polled yet:" But he did not see them lay their Hands on the Book, nor offer themselves to poll: That, at the time of the last Proclamation, there was great Silence.
Robert Neale said, He was appointed one of the Clerks; and the Poll was carried on fairly: That Three Oyes's was made: That he saw about Seven Quakers there, and held out the Book to One of them, to give him his Oath; but he refused it, and said, the rest were of the same Opinion: That the Court was then thin; and any body might come in as would: That Colonel Mildmay's Men were very outrageous; which was the Reason they did not let them in at the Casting-up of the Books; but set a Watchman to keep them from breaking open the Doors. He said, South and Thorey the Two Coroners, the other Clerk, and himself, were at the Casting-up of the Books; and does not know that any one was to demand Entrance, to see the Books cast up.
Jeoffrey Lee said, He was employed as a Swearer: That Three Oyes's were made very deliberately; and then came in Mr. Prescot, whom he swore by Captain Wroth's Order; and then Two more, whom he did swear; and then they said a considerable time, and none came in, neither for Colonel Mildmay or Mr. Honeywood. At last, says Colonel Mildmay to Captain Wroth, "Don't let any more Trouble of Adjournments be; but let us close the Books:" And, accordingly, the Coroner went away with his Books.
John Robinson; He said, he was present when the Poll was closed; and Oyez called Three times, with Deliberation: And, when the Poll was closed, he saw nobody offer to poll for Colonel Mildmay and Mr. Honeywood, but a Parcel of Quakers, who durst not come there to give their Oath.
Philip Herne said, William Wright junior and Joseph Chandler, were polled, though pretended not to be polled.
Thomas White said, That Robert Cornish, of South Benfleet, not Eighteen Years of Age, polled for his Father; and that near Twenty for Mr. Wroth came, after the Poll was shut up; and so they could not be polled.
Samuel Clerke said, That, he going to be polled, Mr. Wroth shoved him down: That his Friend, being weakly, could not get to be polled; and went away.
John Howe said, That he came to Chelmsford on Sunday; but could not get himself to be polled till late on Monday; and, on Tuesday, when the Poll was closed, and the People crying out, A Mildmay! A Honeywood! Colonel Mildmay rebuked them; saying, "Mr. Wroth is fairly elected."
George Burling said, He staid till Tuesday; and that, being near Mr. Wroth's Chair, the Rabble crying out, A Mildmay! A Honeywood! Colonel Mildmay checked them, saying, "It is a Mildmay and a Wroth! It is a fair Election; and therefore hold your Tongues."
That Colonel Mildmay, the Sitting Member, gave a large Account of the said Election.
That upon the whole Matter, the Committee, being of Opinion the Poll was fairly closed, came to a Resolution: Which he read in his Place, and then delivered the same in at the Clerk's Table: Where the same being read, is as followeth:
Resolved, That it is the Opinion of this Committee, That John Wroth, Esquire, is duly elected Knight of the Shire to serve in this present Parliament, for the County of Essex.
The said Resolve being read a Second time;
Resolved, That this House doth agree with the Committee, That John Wroth, Esquire, is duly elected Knight of the Shire to serve in this present Parliament for the County of Essex.
Leave for Members to attend Lords as Counsel.
Ordered, That Sir Wm. Williams, and Mr. Hawles, have Leave to attend at the Bar of the House of Lords, as Counsel in a Cause between Serle and Clerke.
Lords Amendments to Bill for removing Papists.
The House then took into Consideration the Report on Thursday last, from the Conference with the Lords, touching the Bill for removing Papists from London and Westminster: Which Report being read;
Resolved, That this House doth agree with the Lords; in the Amendment by them proposed to be made in the Proviso, touching such as have been Inhabitants.
The Question being put, That the House do agree with the Lords, in the retaining the Proviso by them sent down in the Bill, and rejecting the Proviso by this House sent up to the Lords for their Concurrence, instead of it;
It was resolved in the Negative.
Resolved, That it be referred to the Persons who managed the last Conference, to prepare Reasons, to be offered at a Conference, why this House doth not agree with the Lords, in the Matter aforesaid.
Then the House, according to the Order on Friday Sevennight, resumed the Debate touching the Matter of Mr. Fitzherris:
And the House being acquainted, that the Clerk of the Crown attended at the Door, with the Record of Mr. Fitzherris's, Trial;
Resolved That the Clerk of the Crown be called in.
Accordingly he came in; and at the Bar delivered in the Record.
And then withdrew.
The Record, of Pas. 33° Car. IIdi, was read.
A Debate arose thereupon.
Resolved, That the farther Debate touching the Matter of Mr. Fitzherris, be adjourned until this Day Fortnight.
Ordered, That Mr. Speaker do grant his Warrant to the Clerk of the Crown, to issue out a new Writ, for the Election of a Burgess to serve in this present Parliament for the Borough of Beverly in the County of Yorke, in the room of Sir John Hotham, Baronet, deceased.
Leave for Members to attend Lords as Counsel.
Ordered, That Mr. Finch have Leave to attend at the Bar of the House of Lords, as Counsel in a Cause between Serle and Clerke.
And then the House adjourned till To-morrow Morning, Nine a Clock.