House of Commons Journal Volume 11: 4 February 1697

Jovis, 4 die Februarii;

8° Gulielmi Tertii.

Prayers.

James' Estate.

AN ingrossed Bill, from the Lords, intituled, An Act for vesting and settling certain Estates of William James Gentleman in and upon Trustees, to be sold, for the Payment of Debts, and making Provision for himself, his Wife, and their Children, was read the First time.

Resolved, That the Bill be read a Second time.

Vexatious Suits.

Mr. Harcourt reported from the Committee, to whom the Bill to prevent frivolous and vexatious Suits at Law was committed, That they had made several Amendments to the 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: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

Milson's Estate.

Mr. Brotherton, according to Order, presented to the House, a Bill for vesting certain Messuages, Lands, and Tenements, late of Charles Milson, deceased, in Trustees, to sell, for Payment of Debts and Legacies; and to lay out the Surplus-money in Lands, for the Use of Edward Milson, and his Heirs, according to the Will of the said Charles Milson: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Dee Navigation.

A Petition of Sir Roger Mostyn Baronet, Sir Edward Mostyn Baronet, Thomas Hanmer Esquire, and Tho. Whitley Esquire, on the behalf of themselves, and other Inhabitants of the County of Flint, was presented to the House, and read; setting forth, That there is a Bill depending in the House, for making navigable the River Dee, in the County of Chester; whereby great Part of the Soil adjoining to the said River is to be vested in Francis Gell Merchant, the Undertaker of the said Navigation, and his Heirs; and Impositions are to be laid upon all Coals and Lime brought to Chester; so that thereby the Petitioners will not only be divested of their ancient Inheritance, but the said Impositions will be also very grievous to them: And praying, That they may be heard, at the Bar of the House, against the said Bill.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Duty on Glass.

Ordered, That the Report from the Committee, to whom the several Petitions of the Glass-makers were referred, be made upon Wednesday Morning next.

Privilege—a Person petitions for Discharge.

A Petition of Francis Duncomb, in Custody of the Serjeant at Arms attending this House, was presented to the House, and read; acknowleging his Offence, and begging Pardon for the same: And praying to be discharged out of Custody.

Ordered, That the said Francis Duncomb be brought to the Bar To-morrow Morning, in order to his Discharge.

King's Lynn Port.

A Petition of the Merchants, Traders, Watermen, and other Inhabitants, of the Town of St. Ives, in the County of Huntingdon, interested in the Navigation upon the River Owze, leading through the County of Huntingdon to the Port of King's Lynn, in the County of Norfolk, on behalf of themselves, and others of the said Town of St. Ives, was presented to the House, and read; setting forth, That the taking away the Sluice at Denver Dam, in the County of Norfolk, on the River Owze, will greatly prejudice, if not quite destroy, the Navigation through the Counties of Bedford and Huntingdon to the Port of King's Lynn, in the County of Norfolk; by which Navigation, the Petitioners, and a great Part of the Counties . . Cambridge, Northampton, and Bucks, are supplied with all water-borne Commodities, to their very great Convenience: And praying, That the said Sluice may be continued, for the Advantage of Navigation.

Ordered, That the said Petition do lie upon the Table.

Repairing Churches, &c.

Ordered, That Leave be given to bring in a Bill for the better repairing Churches and Church-yards; and enforcing the Payment of Churchwardens Rates: And that Mr. Price do prepare, and bring in, the Bill.

Army Arrears.

A Petition of Mary Collopp Widow, the Relict and Administratrix of Major Nicholas Collopp, deceased, was presented to the House, and read; setting forth, That her said Husband faithfully served as Major to Colonel Albert Coningham's Regiment, now commanded by Colonel Robert Echlyn, from the first Raising thereof, till the 17th of February 169²/3, when he died; leaving the Petitioner and Two Children very poor; Mr. Robert Curtis, Agent of the said Regiment, refusing to make up any Account with the Petitioner, though there is a great Arrear of her late Husband's Pay due; for want of which, she and her Children are reduced to great Necessities: And praying Relief in the Premises.

Ordered, That it be referred to the Commissioners for taking and stating the publick Accounts to examine the Matter: And that they do give the House an Account thereof.

Quartering Soldiers.

A Petition of the Innkeepers, Victuallers, and other Persons liable to the quartering Soldiers in several Towns in the County of Bucks, was presented to the House, and read; setting forth, That, for the Space of Eleven Months last past, the Petitioners have quartered Soldiers, and been constrained to entertain several of their Wives and Children, and to furnish them daily with ready Money and Provisions, without receiving One Peny Satisfaction for the same; whereby the Petitioners Estates are consumed, their Credit lost, their Debts grown clamorous, and their Families reduced to Beggary; and yet the Soldiery require larger Supplies, which the Petitioners are no longer able to bear: And praying, That some speedy Course may be taken for their Satisfaction, and for preventing the like Hardships for the future.

Ordered, That the said Petition do lie upon the Table.

Preventing Exportation of Wool.

A Bill for the more effectual preventing the Exportation of Wool was read the First time.

Resolved, That the Bill be read a Second time, upon this Day Sevennight.

Ordered, That the Commissioners of the Customs do then lay before this House such Informations as they have received, relating to the Exportation of Wool.

Securing Debts.

A Motion being made, and the Question being put, That the Bill for the better Securing of Debts, and Establishing of Credit, be now read a Second time;

It passed in the Negative.

Ordered, That the said Bill be read a Second time To-morrow Morning.

Mitchel Election.

Colonel Wharton, according to Order, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Mitchel, in the County of Cornwall, 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.

Upon the Re-commitment of the Merits of the Election for the Borough of Mitchell, in the County of Cornwall:

The Committee have met, and heard the Witnesses touching the same.

That the Counsel for Mr. Row, the Petitioner, insisted, That Humphry Courtney Esquire, deceased, was not duly elected:

And, to prove the Right of Election, they produced an Extract out of the Journal, 12 die Decembris, 1° Gul' & Mar; by which it was resolved, That the Right of Election of Burgesses to serve in Parliament for the Borough of Mitchell aforesaid, is in the Lords of the Borough who are liable to be chosen Port-reeves of the same, and in the Housholders of the said Borough, not receiving Alms.

That the Petitioner also produced, as a Witness,

Mr. Denis Russell: Who said, That he took a Poll for Mr. Row, with the Consent of the Port-reeve, and the Steward; and that all named in that Poll, except Gully, did vote while the Port-reeve and Steward were present; and, as to Gully, he was in a House from whence they adjourned to take the Poll in the Street, and did declare before the Adjournment; but could not be positive whether he came into the Street to be polled.

And, the Poll being produced, the Numbers polled for Mr. Row and Mr. Courtney were thus;

Thomas Richards said, That Robert Hellens, that voted for Mr. Courtney, was no Housholder, nor did pay to Church and Poor:

And, that Steph. Covert was an Apprentice at the time of the Election; and his Apprenticeship did not expire till Two Months after the Election:

And, being asked, If he knew of any Beef distributed by Mr. Row to the Electors? said, He did not know of any, except about Christmas.

He further said, That John Tonkyn, who appeared against Mr. Row about a Fortnight before Christmas, asked him, If Mr. Row had paid him? And he telling Tonkyn, That he had not been paid, at that time; the said Tonkyn offered him to pay his Charges, if he would take his Horse and ride back again: And further said, That Seven of Mr. Rowe's Voters paid to Church and Poor.

That, on the behalf of the Borough of Mitchell, was produced,

Thomas Tredenham: Who said, That he was Collector, Two or Three Years ago, for Newland Parish (Mitchell lying in Newland and Tillidore Parishes); and that there was not above Three or Four Voters for Mr. Row that paid to Church and Poor in the said Parish:

That several Bullocks had been given, by Mr. Row, about Christmas time, in several Years; and, a little before this Election, Mr. Attwood distributed Beef on Mr. Row's Account: That the Election was some time before Christmas was 12 Months: But Persons that voted against Mr. Row, as well as those that voted for him, received of the said Beef: He also said, He had not heard of the Dissolution when the Beef was distributed.

John Buckingham said, That Beef had been distributed by Mr. Row, about 2 Months, or 6 Weeks, before the last Election: That one Nicholls, who voted for Mr. Row, said, That, if Mr. Courtney would give him as much as Mr. Row had promised him, which, he said, was 10 l. he would vote for Mr. Courtney: And that several that did vote for Mr. Row did not pay to Church and Poor:

But acknowledged, That Seven of them were Housekeepers; that One received Alms; and another was an Under-tenant:

He also said, as to Mr. Courtney's Voters, Tho. Harvey, Emanuel Poole, John Wynn, Richard Scoverne, Nicholas Bennet, they did not pay to Church and Poor, but were Housekeepers: And that he was present at the Taking of the Poll in the Street, and did not see Gully there, though he looked for him.

Mr. Edward Hoblyn said, That he had searched the Wine-Licence-Office for Four Years back; and found, that, for that time, the Licence for selling Wine for the whole Town of Mitchell was granted to Mr. Row: And that Mr. Row said, His Name was made use of, that his Friend Vincent might have it the cheaper.

Philip Lilly, Abr. Wills, said, That Lilly was Gullye's Keeper at the time of the Election; and that Gully did go into the Street at the time of the Poll.

That they also produced a Discharge to the Warden of the Fleet, as to Gully, by Robert Rhodes. And,

Abraham Wills said, That John Gully did pay to Church and Poor, though not in Mitchell: And that John Julian and Samuel Delbridge did pay to the Church and Poor in St. Tillidore Parish: And that John Parker also paid to Church and Poor in the said Town.

And that the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Humphry Courtney Esquire, deceased, was duly elected a Burgess to serve in this present Parliament for the Borough of Mitchell, in the County of Cornwall.

And the Question being put, That the House do agree with the Committee in the said Resolution, That Humphry Courtney Esquire, deceased, was duly elected a Burgess to serve in this present Parliament for the Borough of Mitchell, in the County of Cornwall;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Tavistock Election.

Colonel Wharton also, according to Order, reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Tavistock, in the County of Devon, 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 Henry Manaton Esquire, complaining of an undue Election and Return of Sir Francis Drake Baronet to serve for the Borough of Tavistock, in the County of Devon:

The Committee have examined the Merits of that Election.

That, for the Petitioner, to prove the Right of Election, was produced a Resolution of the House, made 13 Martii, 8° of his present Majesty, upon the Petition of Ambrose Manaton Esquire against the Lord James Russell; by which it was Resolved, That the Right of electing Burgesses to serve in Parliament for the said Borough is in the Freeholders of Inheritance, inhabiting within the said Borough.

And the Counsel for the Petitioner insisted, That, that being the last Resolution, the Right, according to the late Act of Parliament, could not now be controverted:

But the Counsel for the Sitting Member insisted, That that Act of Parliament did not bind the Parliament; but only appointed a Rule for the Officer to make a Return by; for that, probably, there might, at some time, be a seint Defence; or they whose Right was concerned might not be Parties, or heard; and so it was not reasonable to construe that Act to bind the Parliament; but that they might determine the Right different from the former Resolution:

And they insisted, That the Right is in the Freeholders of Inheritance in Possession, inhabiting within the said Borough, who were presented at the Court:

They further observed, That in the Case cited, between Mr. Ambrose Manaton and the Lord James Russell, the Lord Russell made no Defence.

That the Numbers upon the Poll were agreed to be thus;

But the Sitting-Member insisted, That the major Part of the Petitioner's Voters were not qualified.

That, to prove the Right of Election, the SittingMember produced several Witnesses;

Richard Doidge: Who said, He had known Tavistock above 40 Years:

James Steer: Who said, He had known it above 30 Years; and had been at several Elections:

And they always looked upon it as a necessary Qualification to intitle any Freeholder to vote, to be presented by the Jury of the Town to the Law Court there: And that, upon the Contest formerly, between Sir John Davis and the Lord Russell, Sir John Davis had a great Majority upon the Poll; but the Lord Russell petitioned the House, and carried it, upon the Point, That he had the Majority of those that were presented.

And John Cunningham and James Harvey: Who also said, That they had been present at several Elections; and did not look upon any to have a Right, unless they were presented.

And Harvey said, That about 25 or 26 of those that were presented were for the Sitting-Member; and not above 8 or 9 for Mr. Manaton: That about 16 of those that voted for Mr. Manaton were made by one Whitchurch out of Three Tenements.

Walter Shellaburne said, That Whitchurch purchased of one Garland, for 20 l.; and told him it was Mr. Manaton's Money: And that of the Persons that bought of Whitchurch, some of them were poor Men, and did not pay Scot and Lot; and One of them said, He did not know where his purchased Estate lay: That, upon the Estate bought by Whitchurch, there was a long Lease, and but 3s. 4d. reserved: And that 11 Persons that voted for the Petitioner; viz. John Crasse, William Gill, Peter Westcot, Tho. Southall, Arthur Keck, Walter Spiller, Edward Pike, Barth. Gill, Peter Row, William Gill junior, and Gest Noble; were made by Whitchurch out of the said Purchase.

John Burgate said, That, a little before the late Election of the Lord James Russell, Whitchurch told him, He had bought Land of Kelly and Garland, to make Voices for Mr. Ambrose Manaton; and desired him to be for the said Mr. Manaton; and offered him some Land; and told him, He should have a Deed to shew for it; but did not demand any Money for it.

John Cunningham, James Harvey, said, That John Toller voted for a Garden belonging to Nich. Cudlip's House; which Cudlip voted for Sir Francis Drake:

That John Row and Bevil Row have only a Freehold in Right of their Wives:

That John Moon was made by Whitchurch:

That Henry Farewell was made by Wise, and is a split Voice:

That Richard Ford voted for Part of a Garden, out of the Borough:

That Richard Gerry refused to shew his Deed:

That Andrew Doidge is poor, and pretends to Part of a Garden:

Tavistock Election.

That Robert Williams's was but a little Thing, and he was bound to surrender it:

That John Burne was a poor Man, and another received the Profits:

That Thomas Wood's Family was in the Country at the time of the Election:

That William Hutchins pretends only to Part of a Garden:

That Henry Minson and Ben. Sargent have but One Estate between them; and their Father has the Possession of it:

That Sweet, Hodg, and Harvy, were always rejected, because the Estate was in their Mother:

John Clark and Martin Sowton were waved by the Petitioner:

That Samuel Charter senior and junior, and Tho. Foote, receive but a Pepper-corn Rent between them:

That Francis Cunningham, William Cundy, and Edward Ward, voted for the Reversion of a small House and Garden, which they had jointly with one Geo. Bennet; but they had voted in some former Elections:

That Thomas Wyatt voted before; but his Estate was proved before the Committee formerly to be only a long Lease:

That Farewell pretends to a Quarter Part of a small Garden:

That Henry Minson bought an Estate, which is divided into Three Parts; one of which Sargent has, the other his Son:

That Nicolas Penrose pretended to one Moiety of a small Garden.

William Spry said, That Wm. Doidge, that voted for Mr. Manaton, told him, That he had made 30 sham Voices; and that John Hooper and John Crew were Two of them; and that about 24 or 25 of them voted in this Election:

That Elias Harvey pretends to the Moiety of a House; and has the Report of a sham Man;

That Kelly told Sir Francis Drake, That he had the Inheritance of the Estate sold to Hooper and Crew; and that Mr. Ambrose Manaton paid to Whitchurch the Money for it:

That for the Petitioner, by way of Reply, the Counsel endeavoured to make good the Right, as they opened it; to justify several of their Voters; and take off some that voted for the Sitting-Member:

That, to prove the Right, they called,

Fran. Cunningham: Who said, He had known Tavistock 20 Years:

Wm. Doidge: Who had known it as long:

Robert Williams: Who had known the Borough 22 Years:

Richard Tucker: Who had known it 30 Years:

John Whitchurch:

And they severally said, They did not think it necessary for Persons to be alienated (so they called their being presented by the Jury, and admitted at the Court); and that little Notice had been taken of it till of late: And that some Persons had been refused to be alienated; particularly Samuel Carter; because he would not pay 4s. And

Wm. Doidge denied, That he had shewed Spry any such List, as he had testified: And

Robert Williams said, That Wm. Doidge, 6 September, some time before his being Port-reeve, said, That he should be Port-reeve shortly, and then Mr. Manaton might throw his Cap: And

Williams said, That John Cunningham sent for him, and desired him to be for Sir Francis Drake; and told him, He should get 10 l. by it.

That, to justify the Petitioner's Voters excepted to, they called,

John Whitchurch: Who said, That he had bought an Estate of Garland, which cost him Six-score Pounds; and another of Three Tenements, a Tan-yard, and Two Herb-gardens; that indeed there was a Lease upon them; but the Estates in Possession were worth 10 l. a Year:

Tavistock Election.

That he did not sell at the Instance of Mr. Manaton, but divided the Estate in Sale for his own Conveniency, and was paid for it; and that the Sale was before the former Parliament: That there had been admitted Voices that had but 6 d. a Year.

William Doidge said, That John Toller had voted before, since he sold his House:

That Cunningham bought his Estate of one that voted before:

That Cundy and Ward have voted for 12 or 14 Years.

To prove John Rowe's and Wm. Doidge's Estate, they produced a Deed, dated 3 Oct. 7° Gul.; whereby it was covenanted, by Row and his Wife, to levy a Fine to Row, and his Heirs, of a Moiety of a Tenement.

There was also produced a Deed, to the same Purpose, for Bevil Row, dated 15 October 7° Gul. and a Fine levied last Michaelmas Term.

As to Nich. Penrose; they produced a Release of the Sixth Part of a Messuage, dated the 4 July, 7° Gul'.

As to Richard Souton; they produced a Lease and Release of a Garden, 4 and 5 October 1695:

Tho. Kelly said, He had married an Heiress.

As to Andrew Doidge; they produced a Lease and Release, dated the 23d and 24th October, 6° Gul' & Mariæ, of a Garden.

As to John Hooper; they produced a Lease and Release, dated the 2d and 3d April, 7 Gul. of 2 Houses, and 2 Gardens, to John Cruse, John Hooper, and Daniel Calamy.

As to Robert Williams; they produced a Lease and Release of a Moiety of a Garden, dated 2d October 1689.

Doidge said, That as to Henry Farwell, he had heard his Father say, That he had the Land.

Crasse said, Wood came to be an Inhabitant in Tavistock, a Fortnight after St. James' Tide.

As to Elias Harvey; it was agreed, he was made a Voter by Whitchurch, and was One of the Eleven.

The same for John Moone.

The same for Edward Farwel.

The same for Wm. Gill.

The same for Peter Westcott.

As to Henry Minson; was produced a Release of a Garden, 11 Februar', 7 Gulielmi.

As to Sweet's; the Inheritance was admitted to be in his Wife.

Richard Tucker said, That John Hodge's Garden was always reckoned within the Borough; and to that Purpose produced a Deed 6 Julii, 7° Car. II di.

As to Thomas Southall, Arthur Cake, and John Row; they were allowed to be of the Eleven made by Whitchurch.

Thomas Doidge was admitted to have no Freehold, but in Right of his Wife.

Walter Spiller and Peter Row were admitted to be made by Whitchurch.

Barth. Gill was not insisted on.

As to Pyke; they produced a Release of Half a Garden, 4 Oct. 6° Willielmi; but Pyke's Name was rased through all the Deed.

That then the Petitioner attempted to take off some of Sir Francis Drake's Voters: And

John Bannick was not insisted on.

Doidge said, That, as to John Wyat, he told him, about a 12 Month since, That he had sold his Estate, for an Estate for Three Lives, to one Leer.

As to Samuel White; That he told Doidge, The Right was in his Mother, and he paid her 4 l. a Year: And

Crasse testified to the same effect.

Doidge said, as to Samuel Gill, he told Doidge, a 12 Month since, he had sold his Estate for 7 l.

Francis Cuningham said, That John Tapson, a Fortnight before the Election, said, He had bought Harvy's Land; but should have his Money again after the Election.

Robert Williams said, That Trout said, he had his Land only to serve a Turn: But Trout has been Portreeve.

That Robert Hudison told Williams, he had no Land.

Francis Cuningham said, That the Port-reeve, last Year, told him, he got 100 l. worth of Timber by signing the Lord James Russel's Indenture.

That the Sitting-Member, by Way of Replication, called,

James Harvey: Who said, Carter was refused to be admitted, because he had made out no Title.

Leer said, That Wyat had sold him no Estate; and that the Timber that was given to the former Port-reeve was only for building a Barn, he being Tenant to the Duke of Bedford; and believes was less than was used upon that Occasion: And

The then Port-reeve himself, being called, testified the same thing; and that there was no respect in that Matter, to the Return of the Lord James Russell.

And that, upon the whole Matter, the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the Borough of Tavistock, in the County of Devon, is in the Freeholders of Inheritance in Possession, inhabiting within the Borough, who have been, or shall be presented as such by the Jury of Inquiry of the Borough.

Resolved, That it is the Opinion of this Committee, That Sir Francis Drake Baronet is duly elected a Burgess to serve in this present Parliament for the Borough of Tavistock, in the County of Devon.

The First Resolution being read a Second time;

An Amendment was proposed to be made therein, by leaving out "who have been, or shall be, presented as such by the Jury of Inquiry of the Borough:"

And the Question being put, That these Words stand Part of the said Resolution;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Resolved, That the House do agree with the Committee in the said Resolution, That the Right of electing Burgesses to serve in Parliament for the Borough of Tavistock, in the County of Devon, is in the Freeholders of Inheritance in possession, inhabiting within the Borough, who have been, or shall be, presented as such by the Jury of Inquiry of the Borough.

The Second Resolution being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

Punishing Mutiny and Desertion.

Resolved, That this House will, upon this Day Sevennight, resolve itself into a Committee of the whole House, to consider of the Bill for continuing several former Acts for punishing Officers and Soldiers who shall mutiny, or desert his Majesty's Service; and for punishing false Musters; and for Payment of Quarters; for One Year longer.

Letters of Marque.

Ordered, That the Report from the Committee, to whom the Petition of the Merchants of London, relating to Letters of Marque, be made upon Tuesday Morning next.

Prohibiting India Silks, Callicoes, &c.

Ordered, That the ingrossed Bill to restrain the Wearing of all wrought Silks and Bengals imported into this Kingdom from Persia and East-India, and all Callicoes printed or stained there, be read the Third time upon Saturday next, at Twelve a Clock; and nothing to intervene.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till To-morrow Morning, Nine a Clock.