Journal of the House of Commons: Volume 12, 1697-1699. Originally published by His Majesty's Stationery Office, London, 1803.
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Veneris, 20 die Januarii;
10° Gulielmi Tertii.
Henry Monk and John Hopky took the Oaths appointed in order to their Naturalization.
A Bill for naturalizing Bartholomew Ogilvy was read a Second time.
Resolved, That the Bill be committed to Mr. Morgan, Mr. Thornhagh, Sir Jos. Tredenham, Mr. Hayes, Mr. Pelham, Sir Edward Stradling, Mr. Blofeild, Mr. Holmes, Mr. Osborne, Sir John Phillips, Mr. Bertie, Mr. England, Colonel Godfry, Mr. Tredenham, Mr. Thursby, Sir Hen. Ashurst, Mr. Gerrard, Mr. Jervois, Mr. Mounsteven, Mr. Bethell, Lord Powlet, Mr. Lowther, Mr. Brewer, Mr. Hughes, Sir Richard Cocks: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.
Earl of Derwentwater's Estate.
An ingrossed Bill, from the Lords, intituled, An Act for the more easy and certain Payment of the Debts of Edward Earl of Darwentwater, by Sale of Woods and Timber; and for enabling him to raise Money for Discharge of Incumbrances upon Part of his Estate; was read a Second time.
Resolved, That the Bill be committed to Sir George Fletcher, Mr. Tredenham, Sir Francis Drake, Mr. Mountstevens, Mr. England, Mr. Forster, Mr. Vernon, Sir Edw. Hussey, Mr. Bethell, Mr. Hancock, Mr. Vane, Sir Wm. Cook, Mr. Blofeild, Sir Walter Yonge, Mr. Pagit, Mr. Dimock, Mr. Conyers, Mr. Brereton, Sir Wm. Blacket, Mr. Stonehouse, Sir Rich. Farrington, Mr. Car, Sir Robert Eden, Mr. Duke, Sir John Philips, Mr. Foley, Mr. Ogle, Mr. Desbovery, Mr. Lowther, Mr. Sayers; and all that serve for the Counties of Durham, Cumberland, Northumberland, and Westmoreland: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chambers.
Abuses in King's-Bench and Fleet Prisons.
A Petition of Henry Killigrew Esquire was presented to the House and read; setting forth, That the Petitioner finds, by the Votes of this House, that Sir William Duncomb has presented a Petition to this House, relating to the Petitioner, which is referred to a Committee: That, some time since, the Petitioner preferred his Bill in Chancery against the said Sir William and Sir Edward Bash, to discover what Part of the Money, now claimed by Sir William Duncomb, had been paid; the Petitioner not doubting to prove, that what Sir William claims is satisfied; but he refuseth to answer the said Bill: And praying, That the Matter of the said Petition may not be examined by the said Committee, until Sir Wm. Duncomb shall have answered the Petitioner's said Bill.
Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Petition of John Goodall is referred, and who are to inquire into the ill Practices and Abuses of the Prisons of the King'sBench and Fleet:
And that Sir Joseph Tredenham, Colonel King, Mr. Morgan, Mr. Vernon, Mr. Trelawney, Mr. Hancock, be added to the said Committee.
The Lord Fairfax, according to Order, presented to the House a Bill for the more effectual preventing the Exportation of Wool.
And the Bill was read the First time:
And the Question being put, That the Bill be read a Second time;
It passed in the Negative.
Sir Rowland Gwyn reported, from the Committee of Privileges and Elections, the Matter, as it appeared to the said Committee, touching the Election for the Port of Hastings, 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 Robert Austin Esquire, complaining of an undue Return of Peter Gott Esquire to serve for the Port of Hastings.
That the Question depended upon the Majority of qualified Votes:
That, upon the Poll, there were,
For Mr. Gott - 34, besides the Mayor:
For the Petitioner 35, with himself.
That as to the Right of Election, the Petitioner's Counsel insisted, That the Right was in the Mayor, Jurats, and Freemen resient, that watch and ward: And called,
Mr. John Hide, who came to Hastings in 1660, and had been Mayor Four times; Mr. Phillip Lovell, who had been Mayor Twenty Years ago: And they said, They had known several Elections: And that the Right was in the Mayor, Jurats, and Freemen living within the Corporation; and that they never knew any vote that were not resient, or did not do the Service of the Town, and watch and ward; and instanced in Sir Robert Parker, who though he had been a Parliament-Man, and consequently, as such, must have been a Freeman, yet was refused his Vote, as not resient, and paying to Watch and Ward.
That then the Petitioner's Counsel proceeded to their Exceptions to Mr. Gott's Voters: And,
Mr. Lovell said, That Mr. Pultney did not pay to Watch and Ward; but his Vote was consented to by the Majority of the Assembly, though some privately muttered against it.
Thomas Winter: Who said, That Andrew Skeech went to Sea, and left Hastings, for above Two Years before the Election, and had done no Duty during that time: That he did not come into the Corporation till the 15th of May last: That his Goods had been attached, and the Doors of the House where he did live shut up; but, some Terms having been made, the Goods were not removed: That his Family was at London, except a Daughter, who lived with a Brother-in-law: Yet he could not say there was any Exception to his Vote, at the Time of the Election.
Richard Waller delivered in the Town Book: by which is appeared, That (fn. 1) Carswell was, for Words by him spoken, reflecting upon the Corporation, disfranchised 22 September 1696.
Being asked, If he knew of any other disfranchised? he said, That he himself was disfranchised, in order to make him a Witness; and that, afterwards, being readmitted, he was sworn again: And there was another disfranchised about a Hundred Years ago:
That Adam Delsey was refused to vote for Mr. Gott, living at London.
The Counsel also insisted, That the Mayor had given Two Votes for Mr. Gott; and, against that, they produced a Resolution of the House, in a controverted Election between Sir Francis Rolls and Mr. Palmer, 7 December, 1669: In which Case it was an Exception, That the Mayor had voted twice; once, by which he made the Votes of the Candidtates even; and, afterwards, gave a casting Vote:
But, by the Journal, it does not clearly appear what Opinion the House was of, in that Case.
That the Counsel for the Sitting Member agreed, That the Right of Election was in the Mayor, Jurats, and Freemen; but denied, that it was requisite, that they should be resient, or charged to watch and ward; and agreed the Poll as before.
For Mr. Gott, the Counsel insisted, That they would justify all his Votes, and take off One, or more, from the Petitioner's: And they called,
Mr. Waller: Who said, He knew Adam Delsay; that he was admitted a Freeman in 1696, and has constantly paid the Duties of the Town, as much as any other; and that the Seamen, when at Sea, hire others to watch and ward for them:
That Andrew Skeech had a House in Hastings, of his own; but it is mortgaged: that his Family has been resient in Town all the Time, except Two Months, or a little more: That he has seen the Doors open, and his Child playing about the Door: That Skeech was in the Poors Book; but petitioned off his paying, in regard he was taken by the French, and had great Losses:
That Mr. Hide being Mayor, he was ordered to enter Mr. Carswell, upon the Freeman's List:
And they produced his Re-admittance, 12 July 1697.
And he said, Carswell, had voted in the Assembly ever since; and, particularly, at the Election of the present Mayor; and at the Choosing of a Common Serjeant, since that; but was not sworn since his Re-admittance.
Mr. Thomas Lovell said, That Skeech had been out of Town some time; but his Family remained in Town; and that he had a House there all the Time: That Skeech had not been an Inhabitant of any other Place; but had been at Sea:
And that John Greg, who voted for the Petitioner, had received weekly Alms of the Parish, for about Two Years, and wears a Badge:
That Freemen, if they have been absent Two Years upon their Occasions, when they return, act as Freeemen, without being sworn again:
That he himself has been Mayor six times, and has voted when Mahyor; and never knew the Mayor's Vote denied; nor was it excepted to at this Election:
That he could not speak as to Parliament-Men; but in the Case of Town-Clerk, and other Town-Officers, if the Mayor, by his Vote, do first make the Numbers equal, he has afterwards a casting Voice; and, particularly, said, Captain Hide did it 22 Years ago, in the Case of a Town-Clerk; and that Mr. Mun's Election was carried by Sir Robert Parker's Vote: That Mr. Gott has voted; and that Mr. Fultnye's Vote was not spoke against, by the Mayor, Jurats, or any body else.
Mr. Robert Phipps said, That if Freemen are absent, and return again, they have the Benefit of their Freedom; and that Skeech did return to Hastings Two or Three Months for the Election, and is now in the Poors Rate: That Skeech's Children, were there, in his Absence; and that, in their Corporation, they did conceive the Mayor, besides a single Voice, if that did make it equal, had a casting Voice: And,
Mr. Delsay, himself, being examined, said, When he came to Town, Mr. Lough asked him, to vote for Colonel Austin; and he did believe Mr. Laugh a great Agent for Colonel Austin; but he told Mr. Lough, He did intend to vote for Mr. Gott: That when he was made free, it was by the Consent of the whole Bench; and they asked him what House he would be summoned at; and bid him agree with the Town-Serjeant (fn. 1) [for one] to which and ward for him; which, accordingly, he did; and has paid to Watch and Ward as long as any other Freeman.
That he offered to vote for Mr. Pultney and Mr. Gott; but was refused, as a Delinquent; though, when he was made free, he was told he should not be so reckoned:
But Mr. Delsay acknowleded, he had not been at Hastings for Two Years before.
That it appeared to the Committee, That Mr. Pultney, Mr. Gott, and Mr. Austin, were in the same Circumstances, as to their Freedom; having none of them Houses in Town, nor paying to Watch and Ward.
That Mr. Austin's Counsel insisted, That Mr. Conyers voted for himself in East-Grinstead Election; but the Report was not read to the Committee.
Winter, on behalf of Mr. Austin, said, That Greg did Watch and Ward, in his own Right, and vote in the Election of Mayor, and other Town-Officers.
And that, upon the whole Matter, the Committee came to these Resolutions; viz.
Resolved, That it is the Opinion of the Committee, That the Right of Election of Members of Parliament for the Port of Hastings, in the County of Sussex, is in the Mayor, Jurats, and Freemen resient, and not receiving Alms, only.
Resolved, That it is the Opinion of this Committee, That Peter Gott Esquire is duly elected a Baron to serve in this present Parliament for the Port of Hastings.
The said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.
The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill to encourage the Woollen Manufacture inEngland; and to restrain the Exportation of Woollen Manufactures into any foreign Parts; and for the better preventing the Exportation of Wool from England and Ireland.
Mr. Speaker left the Chair.
Sir Joseph Tredenham took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Sir Joseph Tredenham reported from the said Committee, That they had made some Progress in the Matter to them referred; and had directed him to move, That they may have Leave to sit again.
Resolved, That this House will, upon Monday Morning next, resolve itself into a Committee of the whole House, to consider further of the said Bill.
Ordered, That all Committees be revived.
And then the House adjourned till To-morrow Morning, Eight a Clock.