Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.
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Jovis, 4 die Februarii;
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.
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.
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.
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.
Duty on Glass.
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.
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.
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.
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.
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.
Preventing Exportation of Wool.
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.
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.
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.
|For Mr. Row||25.|
|For Mr. Courtney||14.|
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.
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:
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.
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.
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;
|Tellers for the Yeas,||
|Tellers for the Noes,||
Sir Rowland Gwyn,
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.
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.
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:
|For Sir Francis Drake||31.|
|For Mr. Manaton the Petitioner||57.|
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 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.
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:
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
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:
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.
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.
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
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.
|Tellers for the Yeas,||
Sir Henry Colt,
Sir Walter Yonge:
|Tellers for the Noes,||
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.
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.
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.