Martis, 29 die Decembris; 3° Gulielmi et Mariæ.
A PETITION of Wm. Molineux, Gentleman,
was read; setting forth, That, by a Decree in Chancery, so much of the Lands that were in Possession of
the Petitioner's Brother Hugh Molineux, should be sold,
as would raise Two thousand Pounds for Payment of
the Portions of the Petitioner's Brother and Six Sisters,
with Interest at a Day since past: But that his said
Brother being dead, and the Lands come to the Petitioner, who is willing to perform the Decree (the which he
cannot do without Sale of some Part of his Lands), and
praying that Leave may be given to bring in a Bill for
the Purposes aforesaid.
Ordered, That the Examination and Consideration of
the said Petition be referred to a Committee: And that
they do report their Opinions therein to the House.
And it is referred unto Mr. Harcourt, Mr. Burdet, Mr.
Preston, Mr. England, Mr. Christie, Mr. Waller, Mr.
Bickerstaffe, Sir Rob. Edon, Sir Rich. Temple, Mr. Hedger,
Sir John Manwaring, or any Five of them, and all the
Members that serve for the Counties of Chester and Lancaster: and they are to meet this Afternoon at Four of
the Clock in the Speaker's Chamber.
A Petition of Edward Stephens, was offered to the
House; and opened.
And the Question being put, That the Petition be
It passed in the Negative.
Albury, &c. Lands enfranchisement.
An ingrossed Bill from the Lords, intituled, An Act
for enfranchising several Copyhold Lands and Tenements
holden of the Manor of Albury and North Mims, in the
County of Hertford, was read the Second time.
Resolved, That the Bill be committed to Sir John Jennings, Mr. Etterick, Mr. Blowfeild, Mr. Thornhaugh, Sir
Jos. Tredenham, Sir Jervas Elwes, Mr. Bertye, Mr.
Mountague, Mr. Osbourne, Sir Rob. Edon, Mr. Bickerstaffe, Sir Rich. Temple, Mr. Freeman, Mr. Christie, Mr.
Freke, Mr. Fuller, Sir Wm. Cook, Sir Wm. Honywood, Sir
Ralph Carr, Major Beke, Sir Bowch. Wray, Mr. Biddolph, Mr. Carter, Sir Wm. Cooper, Mr. Hedger, Sir Tho.
Pope Blunt, Sir John Dorrell, Mr. Bertye, and all the
Members that serve for the County of Hertford: And
they are to meet this Afternoon, at Four a Clock, in
the Speaker's Chamber.
A Bill to enable Antho. Eyre, Esquire, to sell Lands in
the County of Chester, for the Payment of his Debts, and
for the settling of Lands in the County of Lincolne, in
lieu thereof, was read the Second time.
Resolved, That the Bill be committed to Sir Rob. Cotton, Mr. Waller, Sir Jos. Tredenham, Mr. Biddolph, Sir
Rob. Davers, Mr. England. Sir Rob. Edon, Mr. Beke, Sir
Wm. Yorke, Mr. Price, Sir Cha. Windham, Mr. Burdet,
Sir Wm. Honeywood, Mr. Shackerly, Sir John Guise, Mr.
Brewer, Sir Rob. Cotton, Mr. Tredenham, Sir Rob. Henley, Mr. Kynaston, Sir Hum. Forster, Mr. Weld, Sir Tho.
Samuell, Mr. Cooke, Serjeant Trenchard, Serjeant Blincowe, and all the Members that serve for the Counties of
Chester, Lancaster, and Lincolne: and they are to meet
this Afternoon at Four of the Clock in the Speaker's
A Bill for the encouraging of Privateers against France,
and for better Security of the Trade of this Nation, was
read the First time.
Ordered, That the Bill be read a Second time upon
This-day-sevennight, at Eleven of the Clock.
Westminster Small Debts.
Ordered, That the Committee to whom the Bill for the
Recovering of small Debts, and for Relieving of poor
Debtors in Westminster, and the Liberties thereof, . . . . .
be revived; and do sit To-morrow Morning at Eight of
Mr. Serjeant Trenchard, reports from the Committee
of Privileges and Elections, to whom the Matter touching the Election for the Borough of Lymington, in the
County of Southampton, was referred, the Case, as it appeared to the Committee: The which he delivered in at
the Clerk's Table, in Writing: Where the same was
read; and is as followeth, viz.
Upon the Petition of Thomas Jervoise, and Oliver
Cromwell, Esquires, complaining of an undue Return of Thomas Dore and John Burrard, Esquires,
to serve for Lymington;
The Committee having examined the Merits of that
Election. And the Question was, Whether the Right of
Election was in the Mayor and Burgesses, or in the Mayor,
Burgesses, and Commonalty of Lymington: For if it was in
the former, it was admitted, the Sitting Members were duly
elected; if in the latter, the Petitioners were duly elected.
For the Petitioners were produced the following
Copies of Indentures of Return to serve in Parliament
for the said Borough; viz.
26 Eliz. which says, -The Mayor and Five Burgesses,
and Four more in the Return named, and others of the
Community, elected-The Return under their Seal,-
28 Eliz. in the same Form.
30 Eliz. in the same Form.
39 Eliz. in the same Form.
43 Eliz. in the same Form.
For the Sitting Members, were produced the following
Copies of Indentures of Returns; viz.
1 Jac. which says,-The Mayor and Burgesses (naming
Twelve) elected.-The Return under their Seals.-
21 Jac.-Mayor, and Eight therein named, and other
Burgesses, elected.-The Return under their Seals.-
18 Jan. 1° Car. Imi,-Mayor, and Burgesses generally
elected.-The Return under their Seals.-
1° Car. Imi,-Mayor, and Burgesses generally, elected.
-The Return under the Common Seal of the Borough.-
3 Car. Imi,-Mayor, and Burgesses, elected.-The
Return under their Seals.-
15 Car. Imi,-Mayor, and Burgesses, elected.-The
Return under their Seals.-
16 Car. Imi,-Mayor and Burgesses, elected.-The
Return under the Common Seal of the Borough.-
Christopher Cleeves, said, He had known Lymington
Sixteen or Seventeen Years: And that, in his Time, the
Mayor and Burgesses always elected; and particularly
has known Mr. Burrard elected Four or Five times by
them; and never knew the Commonalty elect.
It was also alledged for the Sitting Members, That in the
Reign of the late King James the Second, a QuoWarranto
was brought against the Corporation of Lymington: To
which the Mayor and Burgesses pleaded, That they were
a Corporation by Prescription: And thereupon the King's
Counsel did not think fit to proceed any further in it.
And that, upon the whole Matter, the Committee came
to several Resolutions: The which Mr. Serjeant Trenchard
read in his Place; and afterwards delivered the same in
at the Clerk's Table: Where the same were read; and
are as followeth;
1. Resolved, That it is the Opinion of this Committee,
That the Corporation of Lymington is a Corporation by
2. Resolved, That it is the Opinion of this Committee,
That the Mayor and Burgesses of Lymington, only, have
the Right to elect Burgesses to serve in Parliament for
3. Resolved, That it is the Opinion of this Committee,
That John Burrard, and Thomas Dore, Esquires, are
duly elected Burgesses to serve in this present Parliament
for the Borough of Lymington.
The First of the said Resolutions being read a Second
Resolved, That this House doth agree with the Committee in the said Resolution, That the Corporation of
Lymington is a Corporation by Prescription.
The Second of the said Resolutions being read a Second time;
Resolved, That this House doth agree with the Committee in the said Resolution, That the Mayor and Burgesses of Lymington only have the Right to elect Burgesses
to serve in Parliament for the Borough of Lymington.
The Third of the said Resolutions being read a Second
Resolved, That this House doth agree with the Committee, That John Burrard and Thomas Dore, Esquires,
are duly elected Burgesses to serve in this present Parliament for the Borough of Lymington.
Mr. Serjeant Trenchard also reports from the said Committee of Privileges and Elections, to whom the Matter
touching the Election for the Borough of Banbury in the
County of Oxon was referred, the Case, as it appeared
to the Committee: The which he delivered in at the
Clerk's Table, in Writing: Where the same was read;
and is as followeth;
Upon the-Petition of several Freemen and Burgesses
of the Borough of Banbury, complaining of an undue
return of Sir Rob. Dashwood, Knight and Baronet,
to serve for the said Borough;
The Committee have examined the Merits of the
And that the sole Question was, concerning the Right
of Election: For if the Right was in the Mayor, Aldermen, and Capital Burgesses, as they are called, Then the
Sitting Member was duly elected; if in the Burgesses at
large, John Hawles, Esquire, was duly elected.
This Question seemed to arise from some doubtful
Words in the Charter, granted to the said Borough 1°
Mariæ; and in several Returns to Parliament.
The Charter takes Notice of the great Service the Inhabitants of Banbury had done Queen Mary against the
Rebellion of the Duke of Northumberland; and grants,
That the Town of Banbury shall be a free Borough; and
incorporates them by the Name of The Bailiff, Aldermen,
and Burgesses of the Borough and Parish of Banbury: And
that they the Bailiff, Twelve Aldermen, and Twelve Burgesses, shall be one Body Corporate and Community: And
provides, That, in case of the Death or Removal of an
Alderman, one of the Capital Burgesses shall be chosen
in his room: And that the Serjeant at Mace belonging to
the Borough should be chosen by the Bailiff, Aldermen,
and Capital Burgesses. And the Charter names the Bailiff,
Twelve for Aldermen, and Twelve for Capital Burgesses:
And, in several other Places of the Charter, there is Mention made of Capital Burgesses. Then afterwards, the
Profits of the Markets and Fairs is granted to the Bailiff,
Aldermen, and Burgesses: And the Privilege of sending
One Burgess to Parliament is granted to the Bailiff, Aldermen, and Burgesses, and their Successors. So that the Word
"Capital" being left out of the Grant of sending a Burgess to Parliament, made the Doubt upon the Charter,
Whether this Borough should choose in their Corporate
Capacity by the select Number, or by the Burgesses at
For the Petitioners, were produced the following Returns;
5 Eliz.-Bailiff and whole Community elected.-The
Return under the Common Seal.
14 Eliz.-In the same Form.
28 Eliz.-Bailiff, Aldermen, Burgesses, and Commonalty elected.-The Return under the Common Seal.
30 Eliz.-The Return imperfect:-Bailiff, some Aldermen, and Burgesses by Name, and Commonalty elected.
- The Return under * * Seal.
16 Car. Imi,-Mayor, Aldermen, and Burgesses of
Banbury elected-The Return under Common Seal.
13 Car. II.-Mayor, Aldermen, and Capital Burgesses
elected.-The Return under Common Seal.
For the Petitioner was also called,
John Austin: Who produced an Indenture, with about
Forty Names, purporting an Election of Mr. Hawles;
and said, It was signed by the several Persons whose
Names were thereto put: And that they had demanded
of the Mayor to be polled; but were refused by him;
saying, The Precept was directed to the Mayor, Aldermen, and Capital Burgesses.
The said Austin said further, That some of the Common Burgesses offered to vote for the Sitting Member:
But he would not accept of them.
For the Sitting Member, were produced the following
29° Eliz.-Bailiff, Aldermen, and Burgesses of the Borough and Parish of Banbury elected.-The Return under the Common Seal.
43 Eliz. In the same Form.
31 Car. IIdi,-Mayor, Aldermen, and Capital Burgesses elected.-The Return under the Common Seal.
For the Sitting Member was also called,
Samuel Tateham, aged about Threescore and Fourteen
Years: Who said, He was a Freeman; but had no Vote:
That he remembred the Election of Nath. Fynes, Esquire,
in the Reign of King Charles First: And that the Mayor,
Aldermen, and Capital Burgesses only voted; and no
other claimed a Vote: Neither did any other vote in the
Election of Sir John Holman, Anno 1661; though since
they have claimed a Right.
John Tims testified, That he remembred the Election
of Sir John Holman: And that only the Mayor, Aldermen, and Capital Burgesses, voted at that Election.
And that, upon the whole Matter, the Committee
came to several Resolutions: The which Mr. Serjeant
Trenchard read in his Place; and afterwards delivered in
at the Clerk's Table: Where the same were read; and
are as followeth; viz.
Resolved, That it is the Opinion of this Committee,
That the Right of Election of a Burgess to serve in Parliament for the Borough of Banbury is in the Mayor, Aldermen, and Capital Burgesses of Banbury only.
Resolved, That Sir Robert Dashwood, Knight and Baronet, is duly elected a Burgess to serve in this present
Parliament for the Borough of Banbury.
The First of the said Resolutions being read a Second
Resolved, That this House doth agree with the Committee in the said Resolution, That the Right of Election
of a Burgess to serve in Parliament for the Borough of
Banbury is in the Mayor, Aldermen, and Capital Burgesses of Banbury only.
The Second of the said Resolutions being read a Second time;
Resolved, That this House doth agree with the Committee in the said Resolution, That Sir Robert Dashwood,
Knight and Baronet, is duly elected a Burgess to serve in
this present Parliament for the Borough of Banbury.
Mr. Serjeant Trenchard also reports from the said
Committee of Privileges and Elections, to whom the
Matter touching the Election for the Borough of Calne in
the County of Wilts was referred, the Case, as it appeared to the Committee: The which he delivered in at
the Clerk's Table, in Writing: Where the same was read;
and is as followeth;
Upon the Petition of Sir Geo. Hungerford, Knight,
complaining of an undue Return of Wm. Wyndham,
Esquire, to serve for Calne;
That the Committee have examined the Merits of the
And that the Right of Election appeared to be in the
Burgesses Inhabitants within the said Borough: And the
Question was, Whether the Petitioner, or Sitting Member, had the Majority of these Voters.
For the Petitioner, was called.
Walter Foreman: Who produced a Poll; which he
said, he took at the Time of the Election, at the Request
of Sir Geo. Hungerford.
Upon which Poll there was Fifteen for the Petitioner;
and Fourteen for the Sitting Member.
Robert Dyer, Tho. Richards, William Jones, testified,
That the Burgesses Inhabitants had only a Right to vote:
That Hen. Foreman and Rich. Ryder, who were Burgesses,
and afterwards went and lived out of Town, were refused
their Votes at the Election, wherein Sir Edward Baynton
stood, Anno 61; and testified, That Oliver Harman, one
of the Voters for the Sitting Member, lived out of the Borough, about a Stone's Throw, at the Time of Election.
Alex. Orchard, a Bailiff, testified, That a little before
the Election, he was spoken to by Rich. Seager, one that
voted for the Sitting Member, to arrest Robert Dyer;
and promised him, That if he would but stay and arrest
also Blake, Langton, and Swaddon (which Four voted for
the Petitioner), and secure them, that they might not
have their Votes, he should have Four or Five Guineas:
That Dyer was arrested (but got off before the Election
Day) for a Debt wherein he stood bound with Seager,
to one Parsons.
Johnson Weekes, John Goddard, testified, That Mr.
Haskins, one of the Stewards, did declare, That he would
return Mr. Wyndham, if he had but Ten Voices.
Goddard said, That he was spoken to by Colonel Chivers, to vote for Mr. Wyndham: And that Haskyns the
Steward promised him to give him a Guinea out of his
own Pocket, and procure him the Lady Bainton's Custom,
if he would vote for Mr. Windham.
That he had voted at Two Elections, and particularly
when Mr. Fowler was Steward; but they were not controverted.
On the Behalf of the Sitting Member, was called,
Thomas Fowler: Who delivered in a Poll; which, he
said, he took by Order of the Steward: Which Poll agreed with the before-mentioned Poll produced by Walter
Foreman; only John Goddard's Name, that was taken in
the other Poll for the Petitioner, was omitted in This;
and said, That Goddard and Swadden, Two of the Petitioner's Voters, were disfranchised; and produced the Town
Book wherein their Disfranchisements were recorded.
There was also a Conviction of Forgery produced against
Swaddon: And, as to Dyer, another of the Petitioner's
Voters, Fowler said, That he was disfranchised; and he
had seen it recorded in the Book; but that Dyer had got
the Book into his Custody; and the Leaf was torn out.
That Oliver Harman lived in the Borough several Days
before and after the Election: But, as to Harman's Children and Maid, they lived at his House out of the Borough.
That, on the Petitioner's Behalf, it was made appear
by the Town Book, That John Norman, who voted for
the Sitting Member, was disfranchised.
That, upon the whole Matter, the Committee came to
a Resolution: The which Mr. Serjeant Trenchard read in
his Place; and afterwards, delivered in at the Clerk's
Table: Where the same was read; and is as followeth; viz.
Resolved, That it is the Opinion of this Committee,
That Wm. Wyndham, Esquire, is duly elected a Burgess
to serve in this present Parliament for the Borough of
Calne in the County of Wilts.
The said Resolution was read a Second time.
Resolved, That this House doth agree with the Committee in the said Resolution, That Wm. Windham, Esquire,
is duly elected a Burgess to serve in this present Parliament
for the Borough of Calne in the County of Wilts.
Lord desire a Conference.
A Message from the Lords, by Sir Miles Cooke and Sir
Lacon Wm. Child:
Mr. Speaker, The Lords desire, a Conference with
this House at One a Clock, in the Painted Chamber,
upon the Subject Matter of the last Conference, touching
the Amendments to the Bill for regulating of Tryals in
Cases of Treason.
And then the Messengers withdrew.
Resolved, That this House doth agree to a Conference
with the Lords, as is desired.
And the Messengers were called in again: And Mr.
Speaker acquainted them therewith.
Ordered, That the Members who managed the last
Conference do manage this Conference.
Call of the House.
Then the Order for the Calling of the House was read.
Ordered, That the Call of the House be adjourned until This-day-sevennight: And that such Members of this
House, as shall not then attend, be sent for in Custody of
the Serjeant at Arms attending this House.
Privilege of a Member in a Suit.
A Petition of John Lord De La Warr was, according
to Order, read; setting forth, That the late Lord Charles,
the Petitioner's Father, Eleventh February 77, contracted
a Debt of Ten thousand Pound unto Sir John Cutler, a
Member of this House; for Security whereof, the Petitioner's Father mortgaged to him several Manors and
Lands in Com. Southampton: and died about Christmas
87; when the Petitioner applied himself to Sir John to
pay off the Mortgages: But Sir John, claiming a Debt of
Thirty-five thousand Seven hundred Twenty Pounds, by
virtue of a pretended stated Accompt of June 87, refused
to discover the Items thereof: Whereupon the Petitioner
brought a Bill against him, to be relived against the said
Accompt as fraudulent, and to discover the real Debt;
and that, on Payment thereof, he might have a Redemption of the mortgaged Estates: But Sir John, insisting on
his Privilege for about Two Years, refused to answer the
Bill: But he afterwards consented to wave his Privilege,
the Cause came to be heard Twenty-seventh April last, before the Lords Commissioners of the Great Seal; who were
satisfied that the said Accompt was erroneous in many Instances, particularly in one Item of Six thousand Three
hundred Sixty six Pounds Principal: Whereupon it was
decreed, That the Accompt of Thirtieth June 87, and all
other Accompts since that of Ten thousand Pounds of
Eleventh February 77, should be laid open; and that Sir
John should make out what Money he hath since lent to
or advanced for the Petitioner's said Father; and, on the
Petitioner's paying what should appear due, Sir John was
to re-convey the mortgaged Premises, prout Decree: And
that, in pursuance of the said Decree, the Petitioner, Sir
John Cutler, and their Agents, have attended the Master
in Chancery, to whom the Matter is referred: And Sir
John's Agents having obtained Time to bring in the Accompt, promised to do so on Twenty-fourth November last;
when he was pleased, by a Note under his Hand, to give
Notice to the said Master, and Petitioner's Counsel and
Agents, that he insisted upon his Privilege as a Member
of this House, notwithstanding he had before waved the
same; whereby the Petitioner's Proceedings are stayed, to
his great Prejudice, he having raised Money to pay Sir
John what shall appear to be due unto him; the which he
refusing to accept, the Petitioner and his Family are likely to continue under the Difficulties wherein they are now
involved, unless Sir John may be by this House obliged
not to resume his Privilege: The which he hopes the
House will be rather inclined to do, in respect of Sir John's
great Age, by whose Death the Petitioners Case will meet
with much greater Difficulties: And praying the House
would please to order the said Sir John Cutler to wave his
Privilege, so that the Petitioner may be at Liberty to prosecute the Decree, in order to have the reality of the Debt
ascertained; and that, upon Payment thereof, the Petitioner's Estate may be discharged from the same.
Resolved, That Sir John Cutler, having formerly waved
his Privilege without the Leave of this House, ought not
to resume the same.
Then a Petition of Sir John Cutler concerning the same
Matter, was read; setting forth, That Charles late Lord
De la Warr being greatly indebted, applied to the Petitioner to supply him; who lent him Six thousand Five
hundred Pounds: And some Mortgages of some Part of
his Lordship's Estate . . . assigned to him, for Security
thereof, with Interest at Six per Cent.; and for such other
Money he should afterwards lend him.
Tenth February 77, That by the Six thousand Five
hundred Pounds, and other Monies lent, the Debt was
increased to Ten thousand Pounds; which was then acknowledged by his Lordship, by Writing under his Hand
Twenty-seventh December 80, The Debt was increased
to Fifteen thousand Six hundred Fifty Pounds; as was
agreed per Lordship.
That his Lordship having obtained a Decree against
one Mr. Huddleston for Ten thousand Pounds; but agreed
to accept Six thousand Three hundred Sixty-six Pounds,
which was secured by a Statute and Mortgage of the
Equity of Redemption of his Estate in Com' York and
Oxon, then in Mortgage to Sir Tho. Byde, and others, for
Three thousand Pounds; to serve his Lordship, the Petitioner lent him Two thousand Pounds more; and took an
Assignment of that Security for the same, Twelve March
80: And thereupon his Lordship agreed, the Six thousand Three hundred Sixty-six Pounds should be deducted
out of his Debt; and his Lordship's Debt then adjusted
at Eleven thousand Six hundred Fifty Pounds, and acknowledged to be due.
Twenty-seventh February 81, That the Petitioner haveing paid One thousand Pounds for his Lordship, to take
off another Mortgage; with other Monies lent, and Interest, the Debt was increased to, and agreed to be, Sixteen-thousand Nine hundred Fifty Pounds.
Seventeenth February 82, That the Accompt was then
stated, and increased to, and agreed by his Lordship to
be, Eighteen thousand Eighty-two Pounds Seventeen
Shillings and Four pence.
Twenty-seventh February 83, That, by Accompt then
stated, and other Monies lent, the Debt was increased
and agreed to be Twenty thousand Seven hundred Twenty one Pounds Fifteen Shillings.
Second July 84, That by Accompt then stated, and
other Monies lent, the Debt was increased, and agreed to
be Twenty-one thousand Three hundred Fifty-four
Pounds Ten Shillings.
That, as the Petitioner had not received any Interest
since the Debt began, so he did not receive any for that
Debt of Twenty thousand Seven hundred Twenty-one
Pounds Fifteen Shillings, in Three Years.
And in July 1687, at his Lordship's Desire, the Petitioner lent him One thousand Five hundred Pounds more;
and sunk the Interest to Five Pounds per Cent. Whereupon the Accompt being stated between them, there appeared, and was agreed to be due to the Petitioner
Thirty-five thousand Seven hundred and Twenty Pounds:
And his Lordship gave a new Statute to the Petitioner
of Twenty thousand Pounds for a further Security; and
it was agreed his Lordship should have Three Years time
to pay it in: And the Petitioner was to accept of the
Money at any time, on Six Months Notice.
That this Accompt, as well as all the former, was fairly
adjusted and stated by his Lordship, and his Agents; and
all the Writings drawn by his Lordship's Counsel, and
no Objection made thereto during his Lordship's Lifetime; and the now Lord La Warre privy to almost all
these Transactions: But that the Petitioner never refused
to accept his Money; and if he did . . . ., to discover
the Particulars, he conceives he might; the same being
so adjusted, That the now Lord La Warr, after his Father's Death, exhibited his Bill, stuffed with the usual
Pretences: But the same being upon the Revolution, the
Petitioner did not answer for some time; but afterwards
he did; and thereby set forth all the Accompts fairly stated,
and insisted thereon, and submitted to accept his Thirtyfive thousand Seven hundred and Twenty Pounds, and Interest, and re-convey; as also that he had paid the Six
thousand Six hundred Pounds, and Interest; and to Mrs.
Huddleston, and Sir Wm. Cooper her Administrator, the
Three thousand Pounds, which ought also to be paid him.
Twenty-seventh Apr. 91, That the Cause coming
to be heard, some Matters were insisted on, which the
Petitioner was not then apprised of; but which he, if
permitted, can sufficiently answer. The Lords Commissioners did Order not only the last Accompts of June 87,
but all the precedent Accompts, since February 1677, to
be laid open; and referred it to a Master, to examine the
Particulars thereof, and to state the Matter upon Byde's
Mortgage; and that the Petitioner should make out what
Money he had so lent and advanced since February 1677:
Whereat the Petitioner, being aggrieved, as well for that
the stated Accompts are set aside, as for that no Provision was made for his being satisfied the Three thousand
Pounds paid to Mrs. Huddleston, and Administrator, and
so, by Consequence, must lose it; that although the Petitioner, in due Time and Method, petitioned the said
Commissioners for a Rehearing of the Cause, in August
last; when he doubted not to have satisfied their Lordships in many Matters they were not before satisfied in;
yet they refused to grant him the same; but permitted
the Decree to be signed and inrolled: Whereupon the
Petitioner, supposing a speedy Prosecution, was advised,
and did sign a Writing, insisting upon his Privilege for
his Agents to make use of, when any Proceeding should
be upon the Decree.
That the Lord La Warr's Agents did not stir upon
the Decree, till towards the End of last Michaelmas Term;
when they took out a Warrant to attend the Master;
and when the Master only ordered the Petitioner to bring
in his Accompt and Charge, pursuant to the Decree, by
the Twenty-fourth November: And the Petitioner did not
wave his Privilege, but only by his voluntarily answering,
and permitting a Proceeding to Hearing, as before. And
the Petitioner being, by the Decree, like to be deprived
of Ten thousand Pounds of the Debt; and, as a Member, in no Capacity of Redress, by Appeal; he hath thought
fit to insist upon his Privilege: And, for that Purpose, his
Agent, on the Twenty-fourth November, before any further Proceedings on the Decree, gave a Copy of the said
Writing to the Lord La Warre's Agents. And praying,
That the Premises may have the Consideration of the
House; and humbly submits, whether the House will give
him Leave (without which he cannot do it) to bring an
Appeal in the House of Peers, against the said Decree.
Resolved, That this House will take the said Petition
into Consideration This-day-three-weeks.
Trials for Treason.
Then the Managers appointed went to the Conference.
And being returned;
Mr. Mountague reported, That the Duke of Bollon
managed the Conference for the Lords: And that the
Lords observe, That in the Reason offered by the Commons for their disagreeing with them in the Clause marked
A, in the Bill, intituled, An Act for the better regulating
of Tryals, in Cases of Treason, they do not object against
it as unreasonable in itself; but as it is of a different Nature from the Intent and Purport of the Bill.
The Lords look upon it to be quite otherwise; and
cannot conceive how any thing should be thought foreign
to the Bill, that doth so naturally agree with the Scope of
it; which is, the Protection of all innocent Men, who
shall, at any time hereafter, happen to be accused of any
of the Crimes therein mentioned: The Ground of this Bill
is, That every Man who shall be prosecuted for Treason,
or Misprision of Treason, shall have a fair and equal
Tryal for his Life. So that, in what respect, or by what
Circumstance soever, as the Course of Proceedings now
is, an innocent Man's Life, Estate, or Liberty, may be
unduly exposed by his being prosecuted for the Crimes
above expressed. It is very fit there should be a Remedy:
And therefore, if the present Method of trying Peers
giveth just Cause of Objection to it, in relation to the
true and natural Meaning of this Bill, it is either to be
shewed, That the Objection is of no Force; and that,
in the present Method, there is no such Defect or Inconvenience; or, it must be acknowledged there ought to be
a Remedy: And then it cannot be denied but that such
a Remedy cometh properly in this Bill, since it agreeth
both with the Title, and with the Intent of it.
The Lords are of Opinion, That the Interest of the
People of England is, at least, equally concerned with
That which they may be supposed to have in the passing
this Clause. In their judicial Capacity it can never be
thought convenient for those to whom they are to administer Justice, That the Lords, when they are to receive it,
are to lie under greater Hardships and Disadvantages
than others in Cases where their Lives are to be defended:
And, as they have a Part in the Legislature, it seemeth
yet to be less reasonable, that they should, in the Method
of their Tryals, be so distinguished, as to be more exposed
than the meanest Subject in the Kingdom.
The Lords conceive, that nothing is more conducive
to preserve the whole Constitution, than a mutual Care
of one another in all the Parts of it: It is That more
especially which must cherish and promote the good Correspondence between the Two Houses, which is so indispensably necessary for the maintaining the Safety, Honour,
and Greatness of the Nation. Of this they are so fully
persuaded, that they will never fail to support and improve, to the utmost of their Power, the true Interests
of the House of Commons; and therefore cannot doubt
but that the House of Commons will be as ready to comply with the Lords in this, or any other Instances, where
they shall be so well founded, as they take themselves to
be, in the Matter now in Question.
Resolved, That this House will, upon Thursday Morning next, at Eleven a-Clock, take the Report of the said
Conference into Consideration.
A Petition of several Burgesses and Freemen of the
Borough of Chippenham in the County of Wilis was
read; setting forth, That Thomas Talmash, Esquire, was
on the Fourteenth Dec. 1691, duly elected a Burgess there
by the Majority of qualified Voters; notwithstanding
which Sir Baz. Firebrass, after several undue Practices,
hath procured a Return of himself by the Bailiff: And
praying the Consideration and Examination of the House
in the Premises.
Ordered, That it be referred to the Consideration of
the Committee of Privileges and Elections: Who are
to examine the Matter of the said Petition; and to report
the same, with their Opinions therein, to the House.
Resolved, That this House will, To-morrow Morning at Ten a Clock, resolve itself into a Committee of
the whole House, to consider further of the Supplies to
be granted to their Majesties for the carrying on a
vigorous War against France.
East India Company.
The House being informed, That the Committee of
the East India Company attended, according to Order;
They were called in; and, at the Bar, they did deliver
in a Paper of the Names of the Persons they proposed
to be Security, and the Sums for which each Person
would be Security: Many of which Persons attended also.
Which Paper was read, the Committee standing at
the Bar; and is as followeth; viz.
The 28th December 1691.
The Adventurers of the East India Company, in a
General Court assembled, do humbly present to this honourable House the Persons hereunder named, being
Adventurers, to be Security, according to the Sums annexed to their Names, That the Stock and Estate they
now have shall be made good Seven hundred and Fortyfour thousand Pounds, all Debts paid.
And they do farther humbly propose to give Security
for what Sum their Accompts given in to this honourable House make out more than the said Sum of Seven
hundred Forty-four thousand Pounds, if required thereunto by this honourable House.
|Sir Joseph Herne
|Sir Thomas Cooke
|Earl of Berkley
|Sir Benj. Bathurst
|Geo. Boun, Esquire
|Mr. Thom. Boone
|Sir Josiah Child
|Josia Child, Esquire
|Mr. John Cook of Hackny
|Mr. John Cook, Austin Fryers
|Sir Sam. Dashwood
|Mr. John Dubois
|Mr. John Goodiere
|Mr. Fra. Gosfright
|R. Hutchinson, Esquire
|R. Hutchinson, jun. Esquire
|Frederick Herne, Esquire
|Sir Wm. Langhorne
|Sir John Moore
|Mr. Nath. Mountny
|Mr. Ralph Marshall
|Sir Tho. Rawlinson
|Nathan Tench, Esquire
|Fran. Tyssen, Esquire
|Mr. Jam. Wallis
|Sir Hum. Edwyn
|Colonel John Perry
|Sir Jerem. Sambrook
|Sir Tho. Chambers
|Tho. Chambers, Esquire
|Mad. Eliz. Howland
|Sir John Chardin
|Sir Edw. Borwerie
|Mr. John Sewell
|Mr. John Holland
|Mr. Rich. Mountny
|Sir Sam. Etheredie
|Mr. Dan. Cawston
|Mr. Alvaro de Costo
|Mr. Richard Goodall
|Mr. Richard Chowne
|Mr. John Smith
|Mr. Row. Answorth
|Mr. Samuel Angley
|Mr. Rob. Marshall
|Mr. John Carter
|Mr. Sam. Cudworth
|Mr. Rich. Acton
|Wm. Hewer, Esquire
|Mr. Tho. Canham
|Mr. John Sweetaple
|Mr. Wm. Delawood
|Mr. Paul Dominique
|Sir James Ward
|Sir Thom. Davoll
|Edward Rudge, Esquire
|Mr. Rob. Blackborn
|Mr. Robert Wittingham
|Nath. Herne, Esquire
|Mr. Hen. Wheatly
|Mr. Peter Hudson
|Pit'er and P' Henriques
|Mr. John English
|Mr. Thom. Lewes
|Sir John Lethieulier
|Sir Wm. Hedges
|Mr. John Cater
|Mr. Edm. Bury
|Mr. Edm. Portmans
|Mr. Isaac Houblon
|Mr. James Lapey
|Wm. Desboverie, Esquire
|Mr. And. Willaw
|Mr. Mau. Hunt
|Edward Progers, Esquire
|Mr. Lawr. Renaut
|Mr. John Paige
|Mr. Josiah Lawton
|Mr. Tho. Turner
|Captain Valent. Pine
|Richard Alie, Esquire
Signed, in the Name of the
R. Blackborne, Secret.
And then they withdrew.
Resolved, That this House will, upon Saturday Morning next, at Ten a Clock, take into further Consideration
the said Answer, and Proposals given by the Committee
of the East India Company.
Ordered, That all Committees be adjourned.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.