Martis, 31 die Decembris; 1° Gulielmi et Mariæ.
Prayers.
Attainder of Irish Rebels.
ORDERED, That Leave be given to bring in a
Clause to the Bill for attainting such as are in Rebellion against their Majesties in Ireland, to vest in the Duke
of Ormond all Estates made by him, or his Ancestors, to
any Tenants, and all Monies issuing out of, or Mortgages,
Charges, or Incumbrances upon, the said Duke's Estate, to
any Person, who are in Rebellion against their Majesties.
Leave of Absence.
Ordered, That Mr. Henry Trenchard have Leave to
go into the Country, for a Fortnight, for recovery of his
Health.
Irish Protestants.
Mr. Solicitor General reports from the Committee
to whom the Bill for the Relief of their Majesties
Protestant Subjects in Ireland, was referred, That they
had agreed to make several Amendments in the Bill;
which they had directed him to report to the House: And
he read the same in his Place, with the Coherence; and
afterwards, delivered the same in at the Clerk's Table:
Where the same were read once throughout; and afterwards
a Second time, one by one; and upon the Question
severally put thereupon, agreed unto by the House.
Ordered, That the Bill be ingrossed.
Duke of Buckingham's Estate.
A Bill to enable the Trustees of the late Duke of Buckingham to sell his Estate, for Payment of his Debts, was
read the First time.
Resolved, That the Bill be read the Second time.
Imprisonment of the Subject.
Ordered, That Sir Thomas Lee, and Mr. Hawles, do
bring in the Bill for regulating the Imprisonment of the
Subject, upon Friday Morning next.
Plymouth Election.
Mr. Grey reports from the Committee of Elections
and Privileges, to whom the Matter touching the Election
for the Borough of Plymouth in the County of Devon was
referred, the State of the Case, as it appeared to the Committee: The which he delivered in Writing at the Clerk's
Table: Where the same was read; and is as followeth;
Upon the Petition of Martin Ryder, Esquire, against
the Return of John Granvile, Esquire, Burgess for
Plymouth in the County of Devon.
That, for the Petitioner, the Counsel insisted, That
Plymouth was a Borough by Prescription; and incorporated in the Reign of Henry the Sixth: And that the
Right of Election was in the Freeholders and Freemen of
Plymouth: And alleged, the Petitioner had the Majority,
upon the Poll, both of Freeholders and Freemen.
That, for the sitting Member, the Counsel insisted,
That, Plymouth being a Borough by Prescription, the
Right of Election could not be in the Corporation of Freemen, though of late they had interposed in Elections:
And that it was in the Freeholders only: Whereof they
insisted the sitting Member had the Majority thereupon.
That, for the Petitioner the Counsel produced the
Resolution of this House 9 June 1660, "That the Right
of Election of Burgesses for Plymouth was in the Mayor and
Commonalty;" and produced Indentures of Return; viz.
1° Jacobi. - Major & Communitas ex eorum communi Assensu & general' Consensu elegerunt - Indentur'
sub Sigillo Majori & Communitatis.
26 Eliz. - Major & Communitas nominaverunt &
assignaverunt Burgenses - Indenture a sub Communi Sigillo
Majoris & Communitatis.
2 Phil & Mariæ. - Mayor, Burgesses, and Commonality of Plymouth elected.-Indenture under the
Common Seal of Mayor, Burgesses, and Commonalty.
1° Caroli. - Major & Communitas elegerunt - Indentur' sub Communi Sigillo Majoris & Communitatis.-
15 Car. I. - Major & Communitates elegerunt-
Indentur' sub Communi Sigillo Majoris & Communitatis-
William Cotton said, That the Elections of Burgesses
had been formerly by the Mayor, Magistrates, and Common Council, and no Freeholder was admitted: But
some Freeholders have been admitted.
That, for the Sitting Member, the Counsel agreed
That Freemen had interposed for Forty or Fifty Years,
but without any Right.
Samuell Eastlake said, He took the Poll for the Election on the Behalf of Mr. Rider; and, when he numbered
them, he found Eighty-five for Mr. Granvile, and Eightynine for Mr. Ryder.
Cotton said, That Mr. Rider had Fifty-five Freeholders,
and Mr. Granvile Fifty-four.
Then the Counsel for the Sitting Member called John
Miller and Andrew Philipps: Who said, The Poll delivered in by the Sitting Member was taken by Order of
the Mayor: And that Mr. Granvile had Sixty-one Freeholders, and Mr. Rider Fifty-three.
And that, upon the whole Matter, the Committee came
to a Resolution: Which the said Mr. Grey read in his
Place; and afterwards, delivered the same in at the Clerk's
Table: Where the same was read; and is as followeth;
Resolved, That it is the Opinion of this Committee,
That John Granvill Esquire, is duly elected a Burgess to
serve in this present Parliament for the Borough of
Plymouth, in the County of Devon.
The said Resolution being read a Second time:
Resolved, Nemine contradicente, That this House doth
agree with the Committee in the said Resolution, That
John Granvill, Esquire, is duly elected a Burgess to serve
in this present Parliament for the Borough of Plymouth,
in the County of Devon.
Southampton Election.
Mr. Grey reports from the Committee of Privileges
and Elections, to whom the Matter touching the Election
for the Town and County of Southampton was referred,
the State of the Case, as it appeared to the Committee:
The which he delivered in Writing at the Clerk's Table:
Where the same was read; and is as followeth; viz.
Upon the Petition of Sir Charles Windham, Knight,
complaining of an undue Election and Return of
Edward Fleming, Esquire, to serve in this present
Parliament for the Town, and County and Town of
Southampton;
That the Petitioner claimed to be chosen by the Burgesses and Inhabitants of the said Town, paying Scot
and Lot.
And the Sitting Member claimed to be chosen by the
Mayor, Bailiff, and select Number of Burgesses of the
Corporation.
And, if the Right was in the Burgesses and Inhabitants
at large, it was agreed to be with the Petitioner; if in the
select Number, to be with the Sitting Member.
That, for the Petitioner, the Counsel produced several
Indentures of Return of Burgesses for the said Town; viz.
28 H. VI. - An Indenture of Return. - 13 elegerunt - Indentura sub Sigillis suis.
17 Ed. IV. - 12 elegerunt-Indentur' sub Sigillis suis.
33 H. VIII. - About Thirty-six Burgesses and free
Tenants elected. - Indenture under their Seals.
1 Mariæ. - Assensu Burgensium & Inhabitant' Villæ
Southampton electi sunt-Indentura sub Sigillis Burgen'
& Inhabitantiu' prædict'.
43 Eliz. - Burgenses Villæ prædictæ qui in pleno
Comitati interfuerunt, elegerunt - Indentura sub Sigillis
suis.
21 Jaco - In pleno Com', per Assensu' Burgensiu' &
Inhabitant' ejusdem Villæ electi fuerunt-sub Sigillis suis.
1° Car. Imi
Burgenses & Inhabitant' Villæ & Comitatus prædict' elegi facerunt-sub Sigillis suis separatim.
31° Car. IIdi. - 31° Et al' Burgenses & Inhabitantes
Villæ prædict' elegerunt-sub Sigillis suis separatim.
And called Jos. Hancock and Isaac Watts: Who said,
they knew several Elections of Burgesses for the said
Town; and that the Scot and Lot Men used to elect, and
have several times polled; and, to that end, they used to
have the Poor Books at the Poll: And that the Scot and
Lot Men were never denied; and particularly, that they
were allowed to poll for Mr. Brett and Sir Benjamin
Newland at this last Convention; and that they sat in
this House as so elected: And Colonel Fleming then
polled the Scot and Lot Men himself.
Wm. Lyne said, he had borne all Offices, and that Scot
and Lot Men always chose: And that this Time they
combined together, and made an Agreement to save the
Mayor harmless if Sir Cha. Windham should bring an
Action.
Wm. Birkinhead said, That he had known the Town
Fourteen Years: That he is now a Burgess of the Town;
but was admitted to poll for Parliament Men as a Scot
and Lot Man at an Election, before he was Burgess;
and signed the Return.
For the Sitting Member, the Counsel insisted, That the
Right of the Election was in the Corporation; and that
they were a Corporation Time out of Mind; and that
none but Members of Corporations had made any Returns from 6 E. VI. till February 79.
And produced their Charter, in which there was an
Inspeximus of Henry the Second's Charter. Quod homines,
sui de Hampton habeant et teneant Guildam suam, et omnes
Libertates & Consuetudines suas.
And produced Indentures of Return; viz. 6° E. VIti.
1° Mariæ, 1° Eliz. 16° Car. Imi, 15° Car. Imi, 31° Car.
IIdi, 30 Car. IIdi, 22° Car. IIdi, 13° Car. IIdi.
And called John Clements, and Wm. Pocock: Who
said; As to all the Names mentioned in those Returns, he
had searched the Corporation Book; and found their
Names entered therein, as of the Guild and Burgesses of
the Town: And Pococke acknowledged, He did take the
Poll for Major Brett at the Convention; and Mr. Bret
was returned, as chosen by Scot and Lot Men.
And that, upon the whole Matter, the Committee
came to several Resolutions: The which the said Mr.
Grey read in his Place; and afterwards delivered the
same in at the Clerk's . . . . : Where they were read;
and are as follow; viz.
Resolved, That it is the Opinion of this Committee,
That the Right of Election of Burgesses to serve in
Parliament for the Town and County of the Town of
Southampton, is in the Burgesses and Inhabitants of the
said Town and County.
Resolved, That it is the Opinion of this Committee,
That Edward Fleming, Esquire, is not duly elected a
Burgess to serve in this present Parliament for the Town,
and County and Town of Southampton.
Resolved, That it is the Opinion of this Committee,
That Sir Charles Windham, Knight, is duly elected a
Burgess to serve in this present Parliament for the Town,
and County and Town of Southampton.
The First of the said Resolves being read a Second
time;
Resolved, That the House doth agree with the Committee in the said Resolve, That the Right of Election
of Burgesses to serve in Parliament for the Town, and
County of the Town of Southampton, is in the Burgesses
and Inhabitants of the said Town and County.
The Second of the said Resolves being read a Second
time;
Resolved, That this House doth agree with the Committee, That Edward Fleming, Esquire, is not duly
elected a Burgess to serve in this present Parliament for
the Town and County of the Town of Southampton.
The Third of the said Resolves being read a Second
time.
Resolved, That the House doth agree with the Committee, That Sir Charles Windham, Knight, is duly
elected a Burgess to serve in this present Parliament for
the Town, and County of the Town of Southampton.
Ordered, That the Clerk of the Crown do, upon Thursday Morning next, attend, to amend the said Return.
Ways and Means.
Then the House resolved into a Committee of the
whole House, to consider of further Ways to raise the
Supply granted to their Majesties.
Mr. Speaker left the Chair.
Mr. Hampden took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Mr. Hampden reports from the Committee of the whole
House, That they had made a further Progress in the
Matters to them referred; and had agreed upon several
Resolutions, which they had directed him to report to the
House: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where
the same were read; and are as followeth;
Resolved, That it is the Opinion of this Committee,
That, as a further Means of raising a Supply for their Majesties, there be an Imposition laid upon Coffee, Tea, and
Chocolate, at the Custom-house: And that the House be
moved, That a Bill be brought in for that Purpose.
Resolved, That it is the Opinion of this Committee,
That, as a further Means of raising the said Supply, there
be an Imposition of One Quarter of a Year's full Value
laid upon every House, erected upon a new Foundation
within the Lines of Communication, and Weekly Bills of
Mortality, since the Twenty-fourth June 1660; to be paid
by the present Occupier: And that the House be moved,
That a Bill be brought in for that Purpose.
The first of the said Resolutions being read a Second
time;
Resolved, That this House doth agree with the Committee, That, as a further Means of raising a Supply for
their Majesties, there be an Imposition laid upon Coffee,
Tea, and Chocolate, at the Custom-house.
Ordered, That a Bill be brought in according to the
said Resolve: And that Sir Math. Andrews do prepare
and bring in the Bill.
The Second of the said Resolves being read a Second
time;
An Amendment was proposed to be made, by leaving
out "paid;" and, instead thereof, to insert "laid down:"
Which was, upon the Question put thereupon, agreed
unto by the House.
Resolved, That the House doth agree with the Committee in the said Resolve, so amended, That, as a further
Means of raising the said Supply, there be an Imposition
of One Quarter of a Year's full Value laid upon every
House, erected upon a new Foundation within the Lines
of Communication and Weekly Bills of Mortality, since
the Twenty-fourth June 1660; to be laid down by the
present Occupier.
Ordered, That a Bill be brought in according to the
said Resolve: And that Sir Wm. Wogan and Mr. Christy
do prepare and bring in the same.
Ordered, That Mr. Attorney . . . Mr. Solicitor do
prepare and bring in the Bill, directed Yesterday for an
Imposition to pay for Licences to sell Beer, Ale, Cyder,
Mum, Coffee, Brandy, and other Liquors.
Resolved, That the House do, upon Friday Morning
next, resolve into a Committee of the whole House, to
proceed further into the Consideration of Ways to raise
the rest of the Supply granted to their Majesties.
Resolved, That this House will adjourn till Thursday
Morning next.