Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.
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Mercurii, 12 die Februarii;
AN ingrossed Bill, from the Lords, intituled, An Act to enable John Fownes Esquire to sell certain Lands in the County of Devon, which were settled on his Marriage; and to settle other Lands, of an equal Value, to the same Uses; was read the First time.
Council of Trade.
Taking off Obligation to coin Guineas.
Red Lyonsquare, (St. Andrew's, Holborn) new Parish.
Elections.— Irregularities of Returning Officers.
Resolved, That the Bill be committed to Sir Richard Onslow, Sir Geo. Hungerford, Sir Chr. Musgrave, Mr. How, Sir John Trevelian, Mr. Stringer, Mr. Brewer, Lord Newport, Mr. Manley, Lord Ashly, Sir Wm. York, Sir Edward Abney, Mr. Molesworth, Mr. Liddall, Sir Godfry Copley, Sir John Parsons, Mr. Gwyn, Mr. Lowther, Mr. Bowyer, Sir Rowland Gwyn, Mr. Morgan, Colonel Granvill, Mr. Newport, Mr. Onslow, Mr. St. Johns, Mr. Bertie, Sir Thomas Littleton, Mr. Clark, Mr. Moyle, Mr. Stonehouse, Sir Harry Hobart, Mr. Gray, Sir Wm. Lowther, Sir John Kay, Mr. Norres, Mr. Burdet, Sir William Blacket, Mr. Thornhagh, Sir John Bolles, Mr. Moncton, Doctor Oxenden, Mr. Gardner, Sir Robert Davers, Sir Robert Cotton, Sir John Lowther, Mr. Foot Onslow, Sir Ph. Butler, Mr. Chadwick, Mr. York, Mr. Kendall, Sir Richard Atkins, Colonel Perry, Mr. Mountague, Mr. Blofield, Sir Herbert Crofts, Mr. Arnold, Mr. Fuller, Mr. Foley, Mr. England, Mr. Yates, Sir Gerv. Elwes, Mr. Whitacre, Mr. Stockdale, Mr. Worsley, Mr. White, Sir Walter Young, Mr. Baldwyn: And all that come are to have Voices: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.
A Petition of Isaac Correa, Isaac Pereira, and Joseph Henriquez, on behalf of themselves, and divers other Merchants, was presented to the House, and read; setting forth, That the Petitioners are informed, That there is a Clause in the Bill for preventing Frauds, and regulating Abuses, in the Plantation-Trade, That no Foreigner shall use the Occupation of a Merchant, or Factor, in any of his Majesty's Plantations, under a great Penalty: That such a Clause will be the Ruin of many Families, who, by the Rigour of the Spanish and Portuguize Inquititions, were forced to renounce their native Countries, and shelter themselves under the Protection of the English Government; to which they have ever dutifully submitted: And praying, That they may be heard, by their Counsel, at the Bar of the House, before the Passing of the said Bill, touching the Premises.
A Petition of John Stamp and Katherine his Wife, Thomas Gerrard and Margaret his Wife, Henry Foster, and Mary his Wife, and Henry Farewell, on behalf of themselves, and others, was presented to the House and read; setting forth, That the Petitioners are advised, the Estate of Warwick Bamfeild Esquire, deceased, doth belong to them; and that there is now depending, in the Court of Chancery, a Suit between the Petitioners and Sir Coppleston Warwick Bamfeild, for Recovery of the same: That, during that Contest, there is a Bill now brought into this House, to enable certain Trustees to make, renew, and fill up, Leases of the Estate of Sir Coppleston Warwick Bamfeild, during his Infancy; and for laying out the Monies to be raised thereby in Purchases, to the same Uses the said Estate now is; which Bill doth extend to the Estate of the said Warw. Bamfeild, as well as to the Estate of Sir Coppleston: And praying, That they may be heard, by Counsel, touching the said Bill.
Colonel Granville reported, from the Committee of Privileges and Elections, the Matter touching the Election for the Borough of Clitheroe, in the County of Lancaster, as the same appeared to the said Committee, and the Resolution of the Committee thereupon; which he read in his Place: and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.
|For Mr. Pudsey||44|
|For Mr. Stringer||32|
That the Custom of the Borough is, every Year, to have an Inquiry-Jury in that Borough; whose Office it is, to inquire who are Burgesses and Freemen; and such as are found by that Jury are entered in a Book, and have only used to vote at Elections.
But that the Petitioner insisted, That the Bailiffs did at this Election refuse to call an Inquiry-Jury; by which means, several Persons that ought to have been found as Burgesses and Freemen, were not found; and so he was deprived of several Voices.
Thomas Dugdale: Who said, He had searched the Records of the Town, and found Inquiry-Juries had been called in December, November, January, February, March, and April; and that, the 11th of October, he desired, of Mr. Bailiff Whitaker, that an Inquiry-Jury might be called; and that he denied it, saying, It was in their Power; and that Mr. Stringer should not be a Parliament-man. And
Thomas Dugdale, John Robinson, John Deane, said, That, on the 23d October, they, with several Persons that had a Right to be found, went to Bailiff Lyster, and desired of him to call an Inquiry-Jury: That Mr. Lister said, He would call a Hall, and consider of it; but he did not call a Hall, nor call an Inquiry-Jury. And
John Troy said, He went down with the Petitioner to Clitheroe; and was at the Election: That he informed the Bailiffs of several Freemen that would vote; but the Bailiffs said, They would call none but what were in their Call-Book, and as they were there.
William Dean said, He had been found by the Inquiry-Jury: That his Landlord did vote, but not for this House: That he was not found for the House he had lived in; but, about Three Weeks before the Election, and before the Proclamation, came out for the Dissolution of the last Parliament, had tendered a Groat to the TownClerk to enter his Name.
Nich. Nowell said, That Mr. Bailiff Whitaker put him into a free House; and that he was to live there free till Lady-day, provided he would vote as the Bailiff did; and that, afterwards, Mr. Walbank offered him 30s. to vote for Mr. Pudsey; which he refused; but did receive of him 30s. to keep out of the Hall: And said, If he had not received that 30s. he would have been for Mr. Stringer: And that Bailiff Whitacre threatened him, if he came to London, to sting his Wife and Children in the Street; and afterwards committed him to the County-Gaol, though there was a Gaol in the Town.
Thomas Dugdale, John Robinson, said, That they had acquainted Bailiff Whitaker, That Nowell was to appear before this Committee 17th January: And that he said, He did not care; he had abused him, and he would send him to Gaol:
Ro. Page said, He lived in a Free-house at Lady-day, and had taken it for Seven Years: That he had covenanted in his Lease to vote as his Landlord should direct; and would have voted for both the Sitting Members; but afterwards, when Mr. Stringer had petitioned, his Landlord would have had him given it under his Hand, That he would have voted for Mr. Stringer and Mr. Lyster.
Henry Woolcock said, he was ready to vote for Mr. Stringer: That he has paid Borough-Rent for Two Years; which he bought of John Mitchell: But confessed, That Mr. Parker had made some Bargain for it; but no Money was paid, nor the Possession delivered.
That, for Mr. Pudsey, the Sitting Member, it was insisted, That the Inquiry-Jury was discharged fairly, according to Custom; and that many who would have voted for Mr. Pudsey had been found, if there had been an Inquiry-Jury in being. And
Mr. Slater, Mr. Farrer, said, the Custom of the Borough was, to call the Grand Jury about Candlemas, and discharge it about Michaelmas; and this Year the Inquiry-Jury was discharged at the usual Time, by general Consent, for want of Business: That they knew nothing of paying a Groat to have their Names entered anew; but if a freeman removed to another Burgage-house, he ought to be found again:
That Sir John Ashton, Sir Nich. Sherborn, Mr. Walmsly, Mr. Crosdale, Mr. Hammond, Mr. Marsden, Mr. Chippendon, Mr. Breman, John Slater, John Yates, Rich. Eyres, had all a Right to be found; and would have voted for Mr. Pudsey; and some of their Tenants voted for Mr. Stringer.
Colonel Granville also reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Dunwich, in the County of Suffolk, as it appeared to the said 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 Petition of Roger Wood and John Bence Esquires, complaining of an undue Election and Return of Sir Robert Rich, and Henry Heveningham Esquire, to serve for the Borough of Dunwich, in the County of Suffolk:
The Petitioners insisted, That the Right of Election
was in the Freemen inhabiting within the Borough of
Dunwich only: And for That they produced a Return of
7° Edw. IV. Which says, The Two Coroners, and Ten Persons therein named, and many others burgens' & residen' vill' prædict', elected.
12 Edw. IV. Which says, The Bailiff, with the Consent of the whole Commonalty of the Town, did cause to be elected, in the Presence of the Two Coroners, and 19 Persons named, aliorumque plurimor' burgens' residen', infra villam prædict' commorant', Two Burgesses.
They also produced Three ancient Books; by which it appeared, The ancient Constitution of the Borough was, of Two Bailiffs, 12 in the Nature of Aldermen, and 24 in the Nature of a Common-Council and Freemen.
The Petitioners then called Mr. Betts: Who said, He had known Dunwich 25 Years: That, in the Year 1670, there was a Contest between Sir Thomas Allen and Mr. Wood: That Mr. Wood was returned by the greater Number of the in-sitting Burgesses.
That a Question arose, which was returned by the proper Officer: And it appeared, That the House, upon a Report from the Committee of Elections, did, 25 Jan. 1670, resolve, That Mr. Wood was duly returned. And
And Mr. Betts, being called in again, said, That one Benefice, Alderman of the Borough, had taken 40 s. and 50 s. apiece of several, to make them free; and carried the Common Seal in his Pocket; and gave the Oath of a Freeman at Yarmouth, Ipswich, &c.; and had a Factor at Wapping; and made several free that never saw the Town: But further said, That the same Oath was given to the inhabiting Freemen, and the Out-sitters; and the Out-sitter was to pay annually a Crown, and Half a Crown for their Freedom; a great deal of which had been collected; but the Inhabitants did not pay it; and that, at least, 20 Out-sitters had been Bailiffs; and Six or Seven of the present Aldermen were Out-sitters; but that the Aldermen Out-sitters only voted for Bailiffs; and did not vote in the present Election; but there is always one of the Bailiffs an Inhabitant; and that both Bailiffs used to sign the Returns to Parliament:
That, in the Convention, there was a Contest between North and Young, Sir Tho. Allen, and Sir Robert Rich, and Sir Phil. Skippon: That the Majority of the Inhabitants were for North and Allen; and the Out-sitters for the others: But North and Allen would not be at the Charge of bringing up their Witnesses; and none examined but himself: And they produced but one Return; and so lost it:
And produced a Copy of the Journal, 8 Dec. 3° Gulielmi & Mariæ; by which it appeared, That, upon Report of an Election between Mr. Bence and Mr. Heveningham, the House did agree with the Committee, That the Right of Election was only in the Freemen inhabiting within the Borough.
That, about December 1693, they heard there was a Petition carried on to get another Charter: Whereupon they called a Hall; and every Freeman in the Town was there, and Five of them that signed the Petition was there: That one Girling said, He signed the Petition for fear of being pressed; and others said, They did not understand it: It was supposed to be a Petition for a Scire facias, or Quo warranto: That there was 16 in the Hall actually, who were against any new Charter; and Nine that stuck to the Petition they had signed; and, accordingly, a Petition was framed against it; but, finding the first was a Petition for Restitution, they were fain to get another Petition; and, by Order of Council, they were to be heard upon it, but first to pay Costs; which being 33 l. they were not able to raise it; and so the Petition was dismissed: And, in June 1694, they carried King William's Charter down, with 3 or 400 Foreigners; but the Town never accepted of it: That the Town did accept the Charter of 1685; and have acted ever since under it; and Four Returns were made under it; and Two of them for Sir Robert Rich: That Sir Robert Rich was an Alderman under the Charter:
And (fn. 1) [they] produced a bound Book, Fo. 61, A. and B; for the Swearing of him an Alderman; and dispensing with any Oath, but to the Corporation.
|For the Petitioners||25.|
|For the Sitting Members||13.|
But it appeared afterwards to the Committee, That the Numbers of Freemen would be more or less, according as King James' Charter, or King William's Charter, should be allowed: And as to that Matter, the Fact was,
That an Instrument of Surrender was made in King Charles the IId's Time; but that Surrender was not inrolled till King James' Time: So the Question, between the Petitioners and the Sitting Members Counsel, was, Whether that Inrollment in King James' Time did make good the Surrender in King Charles' Time; and, if that Surrender was good, then the Charter of King James being accepted by the Town, and no Surrender of that made, the Petitioners Counsel argued, That the Charter of King William and Queen Mary was void; as also, for this Reason, that the Charter of King James was accepted, but the Charter of King William and Queen Mary never accepted:
But the Sitting Members Counsel insisted, That, by Law, the Surrender was void; for that the King cannot take but by Matter of Record; and that, the Surrender not being inrolled in King Charles's Time, King Charles could not take by that Surrender; and so, consequently, King James could not: However, they insisted, The Right of Election of Burgesses could not be surrendered.
Tho. Stanly said, That Jos. Burly was his Apprentice; and was got away, by the Instigation of Pacy, to vote for Sir Robert Rich and Mr. Heveningham; and that he told his Master, If he would not give him Leave, he must take Leave; for he had a Friend had procured him a Birth in a Man of War, and Two days after he was listed on board the Milford Gally; and he hath not seen him since:
William Cooke said, That he went to Esquire Heveningham's House, and Mr. Heveningham told him, That if he would vote for him, the said Mr. Heveningham, and Sir Robert Rich, he would give him 10s.; and that he had given Two Guineas to Archer to give to Four: Tha Archer did give him 10s.: But Cook said, He did not vote for the Sitting Members; because he did not fancy to be hired; That Archer voted for Sir Robert Rich: And Mr. Heveningham desired him to meet at Justice Neat's, Recorder by the new Charter; and told him, He might have 10 l. or 20 l. of Mr. Neat, if he would vote for him and Sir Robert Rich; and that the Bond, after he had so voted, should be cut in Pieces; and, accordingly, he did receive 10 l. of Mr. Neat, upon his Bond: That he did not vote for Sir Robert Rich and Mr. Heveningham; but paid back the same Money about 12 Days after he had received it: That he confessed the Matter of the 10 l. to several: And that Mr. Heveningham asked Ben. Hambyn, Who he would vote for? And Hambyn said, for him: That Mr. Heveningham asked him again, Not for Sir Robert Rich? To which he answered, Yes: Whereupon, he gave him a Horse: and, that Horse throwing him down, he gave him another worth 50s.
Nich. Beeke said, That, 5 Days before the Election, he was at Captain Heveningham's; and Mr. Heveningham asked him, If he could not vote for him? And said, He would give him 14 or 15 l. to pay his Debts, to vote for him and Sir Robert Rich, and 5 l. to put in his Pocket: But he voted for Mr. Bence and Mr. Wood,; for he had no need of the Money.
Tansy, and another Witness, said, That Hezekiah Sheppard voted for Sir Robert Rich and Mr. Heveningham; and that he confessed, Mr. Heveningham gave him 10s. and a Scarlet Waistcoat, (which a Taylor bid him 40s. for) for his Vote.
James Farro said, That Archer told him, He would give him 14 or 15 l. to vote for Sir Robert Rich and Mr. Heveningham; but he answered, He would not, for 100 l. go against his Conscience; and that John Bathurst afterwards beat him, and said, That if he would not vote for them, he should not go out of his House alive.
That he knows Phillip Eade, who voted for Sir Robert Rich and Mr. Heveningham; and heard him say, That Sir Robert Rich got him a Place, of 10 l. a Year, to give his Vote; and said, He was set ashore unexpectedly; and received a Protection undesired.
But he knew of no Law-suit they were to be Witnesses in: And said, Sir Robert Rich asked him to vote for him; and he did offer him a single Vote; but, Sir Robert not accepting of it, he voted for neither:
Richard Sumner said, he was on board the Queen, and was discharged by Sir Robert Rich's Order: That he desired him to go to Dunwich, and vote for him; and gave him a Protection; but instead of going to Dunwich, he made Two Newcastle Voyages:
That Sir Robert Rich asked him, If he owed any Money? And he told Sir Robert Rich, About 13 l.; to which Sir Robert said, He should not trouble himself, for he could take care of that: And further said, That, while he was at Newcastle, Bonner sent to him Two Letters, to come home and vote for Sir Robert Rich.
James Gurning said, That Enoch Gurning, who appeared for Sir Robert Rich and Mr. Heveningham, told him, the Solebay Frigate was to come in upon the Electionday, and was to press those seafaring Men that voted against Sir Robert Rich and Mr. Heveningham: And further told him, He should have what Money he had Occasion for, if he would vote for them: And Gurning said, The Men of War did come, and stay till the Election was over.
The Sitting Members denied all manner of Bribery: And said, That Dunwich was a Borough by Prescription: That the Charter by King William and Queen Mary, being good, it answered the Petitioners Objections, of their Voters not being free: And insisted, That the Right of the Election was in the Freemen at large:
And the Charter of King William and Queen Mary, (fn. 2)  Apr. 6° Gulielmi & Mariæ: Which takes Notice of the Instrument of Surrender to King Charles IId; and that the same was not inrolled till the Reign of King James; and that, thereupon, there are several Doubts arisen, touching the Franchises, Liberties, and Estate, of the Town; and, for putting an End to those Doubts, this Charter confirms them in their former Rights and Liberties they enjoyed before the Surrender, by the Name, Balli' probor hom' & burgens' villæ Dunwich:
And the Resolution of the House, 27 Febr. 1° Gul. & Mariæ, upon a Report of an Election at Dunwich; by which the House agreed with the Committee, That the Right of Election was in the Freemen, called Out-sitters, as well as the Freemen Inhabitants.
John Archer said, He had known Dunwich 30 Years: That the Out-sitters always voted: And that he was present at the last Election of Sir Robert Rich and Mr. Heveningham; and that they had the Majority; viz. 35 Freemen Inhabitants; and for the Out-sitters, they might have had as many as they would: That he was sent to be sworn Alderman; but he would not accept it; being a Bailiff by King William's Charter: And denied he ever offered any Money to any, to vote for Sir Robert Rich and Mr. Heveningham, nor ever terrified any by the Men of War.
That William Sweatman, Amos Beate, John Crosse, Charles Eads, James Eades, Jer. Payne, Robert Hill, Wm. Coggs, Rich. Heat, James Goodwin, George Alder, Ja. Foreman, John Burly, Robert Bonner, Ja. Ford junior, Tho. Boone, Tho. Masters, Abraham Wise, were Freemen and Inhabitants:
Mr. Foster delivered in a Book of the Town: And said, That 18 of the 35 (fn. 3) [for the Sitting Members] were made free by the new Charter.
John Scarfe said, That he had received 30s. a Week since Michaelmas was 12 Month; which was for the Use of the Freemen that were Friends to Mr. Bence and Mr. Wood, and were for King James' Charter; that he kept a Publick-house, and Part of the 30s. was spent in Meat and Drink, and some of it the Freemen had in Corn; that the 30s. a Week was continued since the Election, and was to continue till all the Gentlemen met again: That he voted for Mr. Bence and Mr. Wood, upon account of having his Duty paid him: That he had received 27 l. of Mr. Bence, and 27 l. of Mr. Wood for Meat and Drink spent at the Election:
Captain Lydcott said, He was accidentally driven by the Tide of Flood into Dunwich Bay; and that he heard Sir Robert Rick was on Shore, and he went to pay his Respects to him: That Sir Robert Rich did not know of his being there; but, when Sir Robert saw him, he defired him to go away; for that, otherwise, he would spoil his Election.
Mr. Pacy said, He commanded Stevens not to come on Shore till the Election was over; and, accordingly, he did not come on Shore, nor sent his Boat, till the Election was over: That he was Vice-Admiral under Sir Robert Rich; and had a Charge from Sir Robert, That nobody should be disturbed.
Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of Dunwich, in the County of Suffolk, is in the Freemen of the said Borough, commonly called Out-sitters, as well as the Freemen inhabiting within the said Borough.
And the Question being put, That the House do agree with the Committee in the said Resolution, That the Right of Election of Burgesses to serve in Parliament for the Borough of Dunwich, in the County of Suffolk, is in the Freemen of the Borough, commonly called Outsitters, as well as the Freemen inhabiting within the said Borough;
|Tellers for the Yeas,||
Sir Godfry Copley,
|Tellers for the Noes,||
Sir John Barker,
Bringing Plate to be coined.
Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider further of the Bill to encourage the bringing in of milled, broad, and unclipped, Monies, to be exchanged, by Commissioners in the several Parts of this Realm, with the common People, for their clipped Monies; and for the Encouraging of Persons to bring Plate into the Mint, to be coined.