House of Commons Journal Volume 11
18 January 1694

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1803

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'House of Commons Journal Volume 11: 18 January 1694', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 62-63. URL: http://www.british-history.ac.uk/report.aspx?compid=38949 Date accessed: 26 October 2014.


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Jovis, 18 die Januarii;

5° Gulielmi et Mariæ.

Prayers.

Delays at Quarter-Sessions.

SIR Joseph Tredenham, according to Order, presented to the House a Bill to prevent Delays of Proceedings at the Quarter Sessions of the Peace: And the same was received.

Insolvent Debtors.

An ingrossed Bill for the explaining, and for the more effectual Execution, of a former Act for the Relief of Poor Prisoners, was read the Third time.

An Amendment was proposed to be made in the Bill, Pr. * L. * to leave out "Two;" and insert "Six," instead thereof.

And the same was, upon the Question severally put thereupon, agreed unto by the House: And the Bill was amended accordingly.

An ingrossed Clause was offered, as a Rider to the Bill, That all Persons, being Prisoners on the Day of 1693, shall have the same Benefit as those that were Prisoners on the 28th of November 1690; provided such Person do enter himself into their Majesties Service.

And the Clause was once read.

And the Question being put, That the said Clause be read a Second time;

It passed in the Negative.

Another ingrossed Proviso was offered, as a Rider to the Bill, That no Debtor shall be discharged of any Debt contracted since the 28th of November 1690.

And the Proviso was thrice read; and agreed by the House to be made Part of the Bill.

Privilege.

A Complaint being made to this House, That James Mitchell hath, by Edward Walter a Bailiff, arrested Tho. Huxley, a menial Servant of Mr. Chaplin, a Member of this House; and that he is detained a Prisoner thereupon; in Breach of the Privilege of this House;

Ordered, That the said James Mitchell and Edward Walter be sent for in Custody of the Serjeant at Arms attending this House, for the said Breach of Privilege.

Ordered, That the said Tho. Huxley be discharged out of Prison: And that Mr. Speaker do issue his Warrant accordingly.

Malden Election.

Mr. Bowyer reported, from the Committee of Elections and Privileges, to whom the Matter touching the Election for the Borough of Malden, in the County of Essex, was referred, the Case, as it appeared to the said Committee: The which he delivered in, in Writing, at the Clerk's Table: Where the same was read; and is as followeth; viz.

Upon the several Petitions of Richard Hutchinson Esquire, and of several of the Inhabitants and Freemen of the Borough of Malden, complaining of an undue Return of Sir Eliab Harvey, to serve in Parliament for the said Borough.

The Committee have examined the Merits of that Election.

The Plurality of Votes, upon the Poll, was allowed to the sitting Member by 32.

But, on the behalf of the Petitioners, it was insisted on, 1st, That the Borough of Malden was an ancient Borough by Prescription; and had Power to make By-Laws: And that, according to a By-Law made there, That all Freemen should pay 5 l. at least 61 of the Voters for the sitting Member were not duly qualified, not having paid their 5 l.

And, in the next place, they said, There were some Irregularities in the Election.

As to the First; they produced

Mr. William Atwood; who gave in a Copy of an Inspeximus of a Charter of Hen. II. Burgensibus de Malden: Whereby their ancient Liberties and Privileges, that they had in the time of the King's Grandfather, were confirmed to them.

He offered an Extract of another Record in the Tower; but that was refused, because it was an Extract only.

He, and one Ezekiel Finch, Proved there was such a By-Law as was alledged, made about 23 Years since: And that the 61 Voters were made free since that time, and had not paid any Money: But that such Sort of Freemen always voted in Elections of Parliament-men.
Thomas Stace,
Wm. Carr the
Town-Clerk, and Two others,
Testified to the same Effect: And that the By-Law was not now to be found; but taken out of the Book; but when, or by whom, not known.

Thomas Coe testified, That Ten of the Voters were admitted to their Freedom since the Teste of the Writ; whereof Seven voted for the sitting Member, and Three for the Petitioner.

As to the Misdemeanors in the Election;

Mr. Atwood testified, They could not find the Bailiffs the Morning of the Day of the Election; but, meeting with the sitting Member, he promised to give them Notice when they would begin; but did not; but they had Notice from another: That, when the Petitioner came to the Place of Election with his Party, and they cried out, "A Hutchinson," the sitting Member, being there, threatened to lay them by the Heels: That an old Man, that was for the Petitioner, complained of being kicked and misused; and no Remedy given: That after the Poll was ended, Mr. Atwood, on the behalf of the Petitioner, demanded a Scrutiny; which was denied him by the Bailiffs, as that would take up too much time.

This was likewise proved by other Witnesses.

Sarah Gower testified, That Samuel Pond, a Freeman, that voted for the sitting Member, gave her 2s. to persuade her Husband, who is a Freeman, to vote for the sitting Member: That Mr. Browne, one of the Bailiffs of the Town, that voted for the sitting Member, proffered to give her Ten Shillings before the Poll, and 10s. after, if she would persuade her Husband to vote for the sitting Member; but did not give her any Money: That he likewise said, that a Gentleman, nameless, would give John Jennings her Brother, another Freeman, a Coat, and a Pair of Breeches, if she would persuade him to vote for the sitting Member; but that both her Husband and Brother voted for the Petitioner.

On the behalf of the sitting Member,

It was alleged, and insisted on, That he had a Majority of Votes by 32; which was not denied: That all the Bailiffs, Aldermen, and Common-Council, but one, voted for him; and most Part of the resient Freemen: That, as to the By-Law alleged on the other Side, if there were any such, it related only to those that had their Freedom, in order to set up some Trade there; and not to honorary Freemen: And yet these had always Votes in Elections of Members of Parliament.

This was proved by

Sir John Brampston, who had known the Corporation many Years, and was High-Steward thereof, till turned out by Mr. Alwood, in the time of the late King James.

He testified also, That he had been at many Elections for Members of Parliament; and that these honorary Freemen always voted; and never any Dispute made of it; though at several of those Elections there were several Competitors, and Polls.

And so said Wm. Car the Town-Clerk.

It was likewise testified by

Carr and Stokes, That they were at the Election now, and thought it fairly carried; and the Poll taken in the same Method it was always used to be; viz. The Bailiffs first, and then the Aldermen and Common Council, &c.:

And that, upon the whole Matter, the Committee came to a Resolution; 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 was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That Sir Eliab Harvey Knight is duly elected a Burgess to serve in this present Parliament for the Borough of Malden, in the County of Essex.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir Eliab Harvey Knight is duly elected a Burgess to serve in this present Parliament for the Borough of Malden, in the County of Essex.

Supply Bill; Land Tax.

The House, according to the Order of the Day, proceeded in the further Consideration of the Bill for granting to their Majesties an Aid, for the carrying on a vigorous War against France.

A Clause was offered to be added to the Bill, for a Penalty, if Duplicates were not returned, and written in a Book.

And the same was twice read: And there being a Blank therein, the same was filled up by the House.

And the Clause was, upon the Question put thereupon, agreed unto by the House.

Another Clause was offered to be added to the Bill, for Auditors to deduct and allow the Assessment.

And the same was twice read: And there being a Blank therein, the same was filled up by the House: And other Amendments were made to the Clause by the House.

And then the Clause, upon the Question put thereupon, was agreed to be made Part of the Bill.

Another Clause was offered to be added to the Bill, for excusing small Vicarages.

And the same was twice read; and, by Leave of the House, withdrawn.

Another Clause, for the same Purpose, was offered to be added to the Bill.

And the same was twice read: And there being a Blank therein, the same was filled up by the House.

And then the Clause was, upon the Question put thereupon, agreed unto by the House.

Another Clause * * * *.

And the Question being put, That the Clause be read a Second time;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Mr. Hopkins,
Mr. Clark:
138.
Tellers for the Noes, Mr. Boyle,
Mr. Bromley:
130.

So it was resolved in the Affirmative.

The Clause was read a Second time: And there being a Blank therein, the same was filled up by the House.

And then the Clause was, upon the Question put thereupon, agreed to be made Part of the Bill.

Another Clause was offered to be added to the Bill, That such as have not taken the Oaths, shall not be confirmed.

And the same was twice read; and, upon the Question put thereupon, agreed to be made Part of the Bill.

Another Clause was offered to the Bill, That the Tenants of Colleges shall pay the Taxes for their Estates, where they have agreed so to do.

And the same was twice read; and, upon the Question put thereupon, agreed to be made Part of the Bill.

Another Clause was offered to be made Part of the Bill, That all Mayors, Bailiffs, and Aldermen, shall be Commissioners of the Act within their Divisions.

And the Question being put, That the same be read;

It passed in the Negative.

Another Clause was offered to be added to the Bill, for Officers to pay in course.

And the same was twice read.

And an Amendment being proposed, to leave out "except for Victuals;"

And the Question being put, That those Words do stand Part of the Clause;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Mr. Palmes,
Mr. Parkhurst:
109.
Tellers for the Noes, Colonel Goldwell,
Mr. Bickerstaff:
  19 .

So it was resolved in the Affirmative.

Resolved, That the said Clause be made Part of the Bill.

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

Disciplining the Navy.

Ordered, That Leave be given to bring in a Bill for the better Discipline of their Majesties Navy-Royal; And that Mr. Paul Foley do prepare, and bring in, the same:

Committees.

Ordered, That all Committees be adjourned.

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