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;
7° Gulielmi Tertii.
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.
Resolved, That the Bill be read a Second time.
Council of Trade.
Colonel Granvill, according to Order, presented to the House a Bill for constituting a Council of Trade.
The Bill was read the First time.
Resolved, That the Bill be read a Second time upon Tuesday Morning next.
Taking off Obligation to coin Guineas.
Mr. Godolphin, according to Order, presented to the House a Bill for taking off the Obligation and Encouragement of coining Guineas, for a certain Time therein mentioned.
The Bill was read the First time.
Resolved, That the Bill be read a Second time.
Ordered, That Leave be given to bring in a Bill to encourage the Art of Gardening.
Red Lyonsquare, (St. Andrew's, Holborn) new Parish.
A Bill for making Part of the Parish of St. Andrew's Holborn, a new Parish, was read the First time.
Resolved, That the Bill be read a Second time.
Elections.— Irregularities of Returning Officers.
A Bill to prevent irregular Proceedings of Sheriffs, and other Officers, in the electing and returning Members to serve in Parliament, was, according to Order, read the Second time.
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 Bill for preventing Frauds, and regulating Abuses, in the Plantation-Trade, was, according to Order, read a Second time.
Resolved, That the Bill be committed to a Committee of the whole House.
Resolved, That this House will, upon To-morrow Seven-night, resolve itself into a Committee of the whole House, to consider of the said Bill.
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.
Ordered, That the Consideration of the said Petition be referred to the said Committee to whom the said Bill is committed.
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.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.
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.
Upon the Petition of Thomas Stringer Esquire, complaining of an undue Election and Return of Ambrose Pudsey Esquire to serve for the Borough of Clitheroe:
The Committee have examined the Merits of that Election.
That, upon the Poll, the Numbers were thus;
But the Petitioner insisted, That several Irregularities had been practised at the said Election; and that several ought to be added to Mr. Stringer's Poll; which would give him a Majority.
That the Right was agreed to be in the Bailiffs. Burgesses, and Freemen; but if the Person that had the Inheritance voted, the Tenant could not:
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.
And for this they called,
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
Dean said, That Mr. Pudsey, and Mr. Walbank that acted for Mr. Pudsey, told him, the said Dean, That, if he would be for Mr. Pudsey, an Inquiry-Jury should be called, and he should have a good Voice.
Richard Haye said, Mr. Slater asked him to vote for Mr. Pudsey; and made him the same Promise.
Tho. Nowell said, One of the Bailiffs asked him to be for Mr. Pudsey; and made him the same Promise.
Wm. Dugdale, John Wilson, said, Walbank made him the like Promise.
Geo. Haworth proved a Deed from John Dugdale to John Dean; but said, there was a Re-conveyance a Month after.
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.
Wm. Dugdale said, He had a Right to vote for the House he lived in; which he had been in Possession of since Michaelmas.
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:
That Henry Baily was Heir by Descent to a Burgagehouse, but not found:
That One Franklyn offered to vote; and had 10s. a Year Rent reserved; but he did receive Adms.
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.
Richard Haye, John Wilson, said, He hath a Burgagehouse, and was ready to vote for Mr. Stringer and Mr. Lyster.
John Wilson said, He had been a Freeman Five Years; and would have voted for Mr. Lyster and Mr. Stringer: That Mr. Lyster voted, but did not name the House; and he has other Burgage Lands.
William Baily said, He had a Burgage-house; and was ready to have voted, if called.
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.
Richard Blackborn said, He had lived in a Burgagehouse Five Years; was at the Election, but was not called.
Edward Coulters said, He had been found, and sworn; but was since removed; but offered a Groat to the TownClerk to have his Name entered.
Robinson said, That Edward Webster had a Reversion, after the Death of his Mother; and received Rent; and had a Right.
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 none but Franklyn actually offered to vote; and he was maintained by the Town:
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.
That, as to several Persons endeavoured to be made good Votes by the Petitioner, they said,
That Richard Hayes never demanded to be found:
That Thomas Nowell put himself into a House, where another inhabited, a Fortnight before the Election:
That he did not ask Wm. Dugdall for his Voice; nor had he any Right to be found by the Jury:
That Dean had re-conveyed before the Election:
That Leonard Nowell was found for William Dean's House:
That Ro. Page might have been found, if he would; but he said, He had not his Lease sealed:
That Mr. Lister voted for John Willson's House:
That Henry Woolcock was never presented; and the Land was Mr. Parker's Son's:
That Ri. Blackborn has not offered himself to the Inquiry-Jury since he gave Security:
That there are Two William Baily's; One voted for Mr. Stringer; and the other had no Right:
That he believes Edward Coulters had been found, if he had come to the Inquiry-Jury.
Richard Nowell, Geo. Howard, * Farrer, said, That the 30s. paid to Ni. Nowell was for Ale, drawn upon the Account of Mr. Pudsey.
And that, upon the whole Matter, the Committee came to this Resolution; viz.
Resolved, That it is the Opinion of this Committee, That Ambrose Pudsey Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Clitheroe.
The said Resolution being read a Second time;
Resolved, That the House do agree with the Committee in the said Resolution, That Ambrose Pudsey Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Clitheroe.
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 Committee have examined the Merits of that Election.
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.
Liber A. Fo. 84. By which it appeared 11 Oct. 1643, Two Bailiffs, 10 of the 12, Eight of the 24, and Seven Freemen, elected.
Fo. 131. 12 Feb. 1° Jac. I. Two Bailiffs, Seven of the 12, Five of the 24, and 20 Freemen, elected.
Fo. 256. 21 Mar. 11 Jac. Two Bailiffs, Eight of the 12, 11 of the 24, and 12 Freemen, elected.
Liber B. Fo. 115, 23 March 1639, Two Bailiffs, Six of the 12, 14 of the 24, and Eight Freemen, elected.
Liber N° 3°, Fo. 7. August 22d, 1656. Two Bailiffs, Six of the 12, 18 of the 24, and 15 Freemen, elected.
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
Mr. Betts said, That Sir Thomas Allen never thought sit afterwards to contest the Merits of the Election: And Mr. Wood continued in the House.
Mr. Green said, That, in 1641, Mr. Brewster was chosen by the Freemen inhabiting within the Borough: That there was then no Pretence of Out-fitters; nor no Contests.
William Crane said, That, in 1661, Sir John Rouse, and Rich. Cook Esquire, were chose by the Freemen Inhabitants; and that he never heard of any other Claim till later Days.
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:
Mr. Betts also said, He had known all the Elections to Parliament since the Year 1670; and was admitted Town-Clerk in the Year 1680; and continued so till lately:
That, in 1678, Sir Phi. Skippon and Maj. Allen were chose by the Borough-men; but the Out-sitters voted with them:
That, in 1679, the Borough-men set up Kemp; but the Out-sitters voted with the Borough-men:
That, in 1680, Sir Ro. Kemp and Sir Ph. Skippon were chose in the same manner; but the Borough-men all for them:
That, in the Parliament after the Oxon Parliament, they chose in the same manner:
That in King James the Second's time, 85, Colonel Gibbon and Mr. Norton were chosen by the Freemen inhabiting only; and no Out-sitters voted:
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.
Mr. Betts also gave this Account of the manner of getting the last Charter;
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.
And Mr. Betts said, of the inhabiting Burgesses or Freemen, there was,
Their Names are as follow;
William Wethersby, John Archer, Robert Swatman, John Battily, Tho. Foster, Ja. Guibons, Ja. Moore, John Watling, John Scott, Mark Noble, Benj. Hambyn, Geo. Flint, Hezekiah Shepperd.
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.
For the Petitioners was produced,
A Copy of the Return of the Sitting Members; which said, the Bailiff and Burgesses of the Town elected: And
A Return in King James' Time, and another Return to the Prince of Orange's Letter; which were in the same Form.
Mr. Betts said, That Phillip Eads, and Two others, were foisted in by a different Hand, as made free, after the Assembly was up:
That William Sweatman was not free:
That Benefice was removed and disfranchised.
And his Disfranchisement was read.
John Hasel said, That John Burly was not free, and lived at Southold:
That Jeremy Page lives at Wesleton:
That James Foreman lives at Thorp, and is no Freeman:
And that Pacy told him, If he would vote for Sir Robert Rich, he should have a House for 3 l. to be paid in Lobsters:
That Aldridge and Ja. Goodwyn are Out-sitters, Southold Men:
That Joseph Burly was an Apprentice:
That Thom. Foster had a Protection:
That Robert Hill was no Freeman:
That Charles Eade, James Eade, Amos Beate, were neither Freemen nor Inhabitant:
That John Cross was Apprentice to Phil. Eade:
That Masterton was no Inhabitant:
That One of the Ja. Moor's was not free:
That John Cutting was no Inhabitant.
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:
That James Moore was hired, at Michaelmas last, to live with one Symonds; and came over to vote at the Election; and then returned to his Service.
Then the Petitioners proceeded to prove several Irregularities in Procuring of Voices.
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.
Hasell, said, That, the Tuesday after the Election, he went with Cook to pay back the 10 l. to Mr. Neat.
Hasell and Tansy said, That Mr. Heveningham, in the Town-hall, inquired who Cook voted for; and Cook telling him, Mr. Heveningham replied, he always took him to be a Rogue. And
Tansy said, That Cook, the Day after the Election, did tell him of the Matter of the 10 l. lent him by Justice Neat; in manner as before testified by Cook.
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.
John Collat said, That John Archer offered him 10s. to vote for Mr. Heveningham:
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.
And his Protection, and another for Sweatman, being produced, and read; they were made upon Suggestion of their being Witnesses in a Law-suit;
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:
That George Flint and Hezekiah Sheppard were pressed by Mr. Pacy:
And that Three Men of War came to an Anchor at Dunwich, a little before the Election; and, presently after sailed away again.
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.
Gurning and Hasell said, That Mr. Bence and Mr. Wood's Side were frighted by the Men of War; and that One Man ran out of the Town for some time, but afterwards came and voted. And
Hasell said, That Archer said to him, You employ a pretty many Men, and, if they should be pressed, what will you do? for Sir Robert Rich says, The Solebay shall come in.
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 produced a Copy of King John's Charter to the Borough; which was to the Burgesses of Dunwich:
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 produced Returns; viz.
7° Edw. VI. Balli' & burgens', & communitas elegerunt.
33 Hen. VIII. Balli' & communitas elegerunt.
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.
John Archer, Philip Eads, That Benefice had an Office at the Custom-house: but it was said he was disfranchised:
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:
That John Cutting was a Freeman, but no Inhabitant.
William Russel, Overseer of Southold, said, That John Burly lived at Southold; but was a seafaring Man; And that Steel, Goodwin, and Alder, lived there also, and paid to Church and Poor.
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.
Phillip Eads said, He was free by the old and new Charter: That he had no Horse of Mr. Heveningham, but one that was lame for his Dogs.
Mr. Pacey said, That the Town-Clerk was in haste to go home; so he and the other Bailiff made Phil. Eads free.
Then the Sitting Members proceeded to take their Exceptions to the Petitioners Voters: And
Archer and Ph. Eades, said, That John Mason was free by King James's Charter:
That John Belwood was made free since King James' Charter:
That Christopher Moor was no Inhabitant, but lived with John Hasell:
That Nicholas Peake was made free since King William and Queen Mary's Charter:
That John Collet lives with his Mother:
That Wm. Cook lived at Dingly and Wesleton:
That James Farro was sent out of Town because he was no Inhabitant:
That Wm. Love came to Town but last Midsummer:
That Thomas Burly did not vote till after the Election:
That Richard Hasell is no Inhabitant, but since Christmas last:
That Tho. Newson is no Inhabitant, to his Knowledge:
That James Garwood lived in the Hospital, and is a Natural:
That Phillipp Pells had no Habitation:
That Robert Styles is a hired Servant:
That Thomas Gibson had no Habitation:
That Thomas Burrell told him, He owed Mr. Bence and Mr. Rouse 8 l. and durst not vote against them.
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:
That he borrowed 10 l. of Mr. Bence Two Years ago, and gave his Bond for it; and promised to stand true to them, and vote for them upon Occasion:
He further said, That William Cook had 3 l. of Swatman, paid by Sir Charles Blois, on account of voting for Mr. Bence and Mr. Wood; and he saw the Money paid before Michaelmas:
That Nicholas Peake lost his Employ in the Brick-kilns; and was promised Two Brick-kilns; and had 20s. in Money:
That Hasell, that appeared for Mr. Bence and Mr. Wood, promised John Ballard 20s.
That Mr. Bence promised Ri. Sommers a Vessel, upon account of voting for them.
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.
Upon the whole Matter, the Committee came to these Resolutions;
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.
Resolved, That it is the Opinion of this Committee. That Sir Robert Rich is duly elected a Burgess to serve in this present Parliament for the said Borough of Dunwich.
Resolved, That it is the Opinion of this Committee, That Henry Heveningham Esquire is duly elected a Burgess to serve in this present Parliament for the said Borough of Dunwich.
The First Resolution being read a Second time;
Sir Robert Rich and Mr. Heveningham were heard in their Places.
And then withdrew.
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;
The House divided.
The Noes go forth.
|Tellers for the Yeas,||
Sir Godfry Copley,
|Tellers for the Noes,||
Sir John Barker,
So it was resolved in the Affirmative.
The Second and Third Resolutions, being read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.
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.
And then the House adjourned till To-morrow Morning, Nine a Clock.