Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.
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Sabbati, 22 die Februarii;
Baliol College Estate.
AN ingrossed Bill to ascertain and settle the Payment of the Impropriate Tythes of the Parish of St. Laurence, Old Jewry, in London, to the Master and Scholars of Baliol College in Oxford; and for confirming an Award made concerning the same; was read the Third time.
Resolved, That the Bill do pass: And that the Title be, An Act to ascertain and settle the Payment of the Impropriate Tythes of the Parish-Church of St. Laurence, Old-Jewry, in London, to the Master and Scholars of Baliol College in Oxford; and for confirming an Award made concerning the same.
Alienating Lands in Mortmain.
Resolved, That the Bill be committed to Mr. Conyers, Sir Jacob Ashley, Mr. Heveningham, Mr. England, Lord Cornbury, Doctor Oxendon, Mr. Harcourt, Mr. Mountague, Mr. Waller, Mr. Nicholas, Mr. Sloan, Mr. Lawton, Mr. Baldwyn, Sir Geo. Hungerford, Mr. Colt, Mr. Brewer, Mr. Blofeild, Sir Marm. Wivell, Sir John Key, Mr. Burdet, Sir Richard Onslow, Mr. Fuller, Mr. Watlington, Sir Tho. Mompesson, Mr. Frewen, Lord Coningsby, Mr. Moncton, Mr. Blake, Mr. Lowther, Mr. Farrer, Mr. Osborne, Mr. Norris, Colonel Granvill, Mr. Gardner, Lord Pawlet, Mr. Pepys, Sir Rob. Cotton And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.
Fines of ancient Demesne Lands.
Ordered, That the Committee, to whom the Consideration of the Account of what Guineas have been coined in his Majesty's Mint, within the Tower of London, since Lady-day last, and for whom, was referred, have Power to inquire into what Silver has been exported since Ladyday last.
Ordered, That all the Members that serve for the Counties of York, Essex, Cornwall, and Suffolk, be added to the Committee, to whom the Bill for the more easy Recovery of Servants Wages is committed: And that all that come have Voices.
Resolved, That the Bill be committed to the Committee of the whole House, to whom the Bill for punishing Officers, and Soldiers, who shall mutiny, or desert his Majesty's Service; and for punishing false Musters; and Payment of Quarters; is committed.
An ingrossed Bill, from the Lords, intituled, An Act for making good the last Will of Sir William Barkham Baronet, deceased; and vesting of Lands in Trustees, to be sold, for Payment of his Debts, and making Provision for his Children; was read the First time.
Resolved, That this House will, upon Thursday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for preventing Frauds, and regulating Abuses, in the Plantation-Trade.
Colonel Granville, according to the Order of the Day, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Cricklade, in the County of Wilts, 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.
Mr. Israel Hayes: Who said, That the Bailiff, the Day before the Election, refusing to put off the Election to a further time, and denying to give a Lift of such Persons as had a Right to vote, Mr. Styles, One of the Candidates, next Morning at Ten of the Clock went out of Town.
Richard Skilling said, As to Two Persons; viz. One Watts, he was out of Town the Day before the Election; and that as to Fitzhugh, he was supposed to be at Gloucester; and did not come to Town till the Election was near over.
From whence the Petitioners Counsel argued, That it could not be presumed a reasonable Notice, because Deeds were necessary to be produced, to make out the Voters Right, which would require a longer time.
Mr. Nevit Masculine: Who said, That when they were come to the Church, to elect, People were surprised that Mr. Styles did not appear; and that the Bailiff sent Three several Messages to him; but he did not think fit to come; and, upon the Third Message, word was brought, That he was gone out of Town; and thereupon, the Bailiff proceeded to take the Poll, upon the Advice of the Neighbours and Gentlemen then present: That Three Proclamations, at least, were made before the Closing of the Poll; and believes it was at least One before the Poll was closed: That, by the Bailiff's Lift, there could not be above Fifteen or Sixteen absent; some of which he knew would have been for the Sitting Members.
|For Mr. Fox||61.|
|For Mr. Webb||50.|
|For Mr. Styles||15.|
And it appeared, by the Poll, That Eight of the Petitioners had voted at this Election; viz. John Miflin, Mark Pitt, Richard Painter, Wm. Palmer, John Flus, Guy Smart, Richard Adams, and William Betterton.
Resolved, That it is the Opinion of this Committee, That Charles Fox Esquire, and Edmund Webb Esquire, are duly elected Burgesses to serve in this present Parliament for the Borough of Cricklade, in the County of Wilts.
Resolved, That it is the Opinion of this Committee, That the Petition of the Burgesses of the Borough of Cricklade, in the County of Wilts, complaining of an undue Election for the said Borough, is vexatious, frivolous, and groundless.
Privilege of a Member in a Suit.
Colonel Granville also reported, from the Committee of Privileges and Elections, the Matter, touching the Complaint of the Breach of Privilege against Sir Nathanael Nappier, a Member of this House; and of the Petition of the Lord Francis Pawlet, referred also to the said Committee; as the same 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.
That, to prove the Breach of Privileges, was produced a Copy of a Declaration, in Trespass, of Hilary Term last, for the Mesne Profits of a Farm in Portesham, in the County of Dorset, Part of the Estate of Sir Nathanael Nappier, in the Possession of Wm. Masterman, as his Tenant; which was sent down, by Mr. Edward Strode, by Letter dated 14 Jan. 1695, to one Mr. Thomas Cooper:
The Letter took notice, That Mr. Strode had before sent down the Writ; and did thereby send down the Declaration, which he desired might be delivered to the Attorney that appeared the first Day or Week in Term; and that he should tell the Attorney that appeared, He must plead thereto.
That, on the Third of February, be acquainted Mr. Strode, Mr. Eyres, and Mr. Townsend, That Sir Nathanael Nappier was concerned in the Estate, and would insist upon his Privilege; and, that since that time, Mr. Strode called upon him for a Plea: That he never heard from Mr. Eyres since he acquainted him with it: And, as for Mr. Townsend, he said, He was only employed to draw a Declaration between A, B, and C; and did not know who were the Parties.
Mr. Dean said, He did see a Lease from the Marquis of Winchester to Sir William Pawlett, for Ninety-nine Years, to commence from the Death of the Marquis of Winchester and the Lady Agnes; under which, Sir Nathanael Nappier claimed: That, according to the Date, the Lease was expired in 1694: But he had searched the Heralds Books, and found in some Places there was mention made of the Lady Anne, and sometimes of the Lady Agnes: That it was not very plain, whether she was the Person from whose Death the said Lease was to commence; but if she was the Person, by the Heralds Books, the Lease was still in being.
It was also proved, That, in Michaelmas Term last, a Bill was exhibited in the Exchequer, by the said Lord Francis Pawlet, against the said Sir Nath. Nappier, to stay Waste: To which Sir Nath. Nappier had appeared.
And they produced a Copy of a Letter from Mr. Dean to Mr. Strode; wherein, he takes Notice, That Sir Nathanael Nappier was concerned; and sent up an Affidavit to move for Judgment upon an Ejectment; and proposed to get an Injunction to stay Waste.
Albert Parkinson said, He waited upon Sir Nath. Nappier, to see if the Lease was in Being; and that Sir Nathanael said, The Lease was in the Country; and if any came from the said Lord Francis Pawlet there, he would shew it.
Tho. Bremon said, That he was sent by the Lord Francis Pawlet, about Three Months ago, Forty-five Miles, to Sir Nathanael Nappier, to see the Lease; but Sir Nathanael was not at home; and his Steward could not shew it.
Resolved, That it is the Opinion of this Committee, That the disturbing the Possession of William Masterman, Tenant of a Farm in Portesham, in the County of Dorset, Part of the Estate of Sir Nath. Nappier, a Member of this House, by causing an Action of Trespass to be brought against the said Masterman, for the Recovery of the Mesne Profits of the said Farm in Portesham, is a Breach of the Privilege of this House.
Resolved, That it is the Opinion of this Committee, That Edward Strode Esquire, having disturbed the Possession of the said William Masterman, by causing an Action of Trespass to be brought against the said Masterman, for the Recovery of the Mesne Profits of the said Farm in Portesham, is guilty of a Breach of Privilege of this House.
And the Question being put, That the House do agree with the Committee in the said Resolution, That the disturbing the Possession of William Masterman, Tenant of a Farm in Portesham, in the County of Dorset, Part of the Estate of Sir Nathaniel Nappier, a Member of this House, by causing an Action of Trespass to be brought against the said Masterman, for the Recovery of the Mesne Profits of the said Farm in Portesham, is a Breach of the Privilege of this House;
|Tellers for the Yeas,||
Sir John Bolles,
|Tellers for the Noes,||
Sir John Manwaring,
Sir Richard Onslow:
Leave of Absence.
Wallop's &c. Estate.
The Lords have passed a Bill, intituled, An Act to enable Trustees to make, and fill up, Leases of the respective Estate of Bluett Wallop Esquire, and John Wallop Gentleman, during their Minorities; and to purchase other Lands, by the Fines thereby to be received, to the same Uses as the Estates so to be leased are already settled: And also,
Eyme's &c. Nat.
Colonel Granville also reported, from the Committee of Privileges and Elections, the Matter, touchng the Election for the County of Brecon, as it 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. Jones||812.|
|For Sir Rowland Gwyn||717.|
Mr. Daniel Williams, Mr. Cha. Powell, Mr. Wm. Williams, Mr. John Phillips, Mr. Geo. Powell: The Substance of whose Evidence was, That the Poll, at this Election, lasted Six Days; and it used to last but Two Days:
That the Poll was adjourned at Three a Clock, at Mr. Jones' Request, when Sir Rowland Gwyn had polled but Two; and there were several for Sir Rowland ready to have polled; and, by reason of the Market on the Monday following, were not polled:
And that there was a Court-Leet, belonging to the Bishop of St. David's, ante-dated, and made at the time of the Election, as believed, to take off Sir Rowland's Voters; for that several who were for Sir Rowland were summoned to that Court:
That, on Tuesday, the last Day of the Poll, the Sheriff dismissed the Country, without Proclamation, at Three of the Clock, though desired to continue the Poll, and adjourned till Six; and then cast up the Poll; by which many were left unpolled; and, particularly, one Thomas Davis, who was present:
That, when the Poll was over, he desired to be present at the Casting up of the Poll (fn. 1) [but was denied]; and nobody was present for Sir Rowland at the Casting up of the Poll, although a Scrutiny was promised:
That Wm. Howell, Ro. Rumsey, were threatened by Mr. Harcourt; John Williams, by Mr. Lod. Lewis; Edward Hughes, by Mr. Jeffries; Wm. Nicholas and Tho. Williams, by Mr. Morgan and Mr. Jeffryes; Tho. Morgan, by Mr. James Parry; by which Means, though they intended to be for Sir Rowland Gwyn, they were hindered from being for him:
That Geo. George had no Freehold; and yet swore himself to have 40 s. a Year; and said, He did it because he could not be quiet for Mr. Jones, and his Friends; and that Mr. Jones gave him 5s. for voting:
That Watkin Beavor promised to vote for Sir Rowland Gwyn, but voted for Mr. Jones; and said, He was persuaded to do so by Mr. Jeffryes and his Mother; who told him, He should be released of 38 s. Rent; and, accordingly, he was discharged of it:
The Petitioner did insist, That he could disqualify several of the Voters for the Sitting Member: But, in regard of the former Resolutions of the House, the Committee did not think fit to hear him to the same.
Mr. Harry Williams, Mr. Daniel Winter: Who said, There was an Agreement between the Candidates; and they cast Lots which Hundred should be polled first; and it came to Mr. Jones' Lot to choose the First Hundred:
That, before the Country was dismissed, the Sheriff asked, If they had any more Votes? And Mr. Daniel Williams called several; but they did not appear: Whereupon, at the Request of Mr. Mansell, who appeared for the Petitioner, the Sheriff dismissed the Country:
Mr. William Williams said, That the Sheriff asked, If there were any more to poll for Sir Ro. Gwyn? And, none appearing, he adjourned, to take an Account of the Poll: That B. James asked him, How the Election went; and said, 100 l. for 100 Voices for Sir Rowland Gwyn.
Supply Bill; Duties on Wines, &c.
Ordered, That Leave be given, upon the Report of the Bill for continuing several Duties, granted by former Acts, upon Wine and Vinegar, and upon Tobacco, East-India Goods, and other Merchandize, imported, for carrying on the War against France, to offer a Clause for the taking off, or lessening, the Duty upon Irish Iron.
Sir Thomas Littleton, according to the Order of the Day, reported, from the Committee of the whole House, to whom the said Bill was committed, the Amendments, made by the Committee, to the said Bill; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table.