Martis, 17 die Aprilis;
6° Gulielmi et Mariæ.
AN ingrossed Bill, from the Lords, intituled, An Act
for vesting in Trustees the Estate late of Sir James
Beverley, in Huntingtonshire, to be sold, was read the
Resolved, That the Bill do pass.
Ordered, That Sir Thomas, Littleton do carry the Bill
to the Lords, and acquaint them, That this House hath
agreed to the said Bill, with some Amendments: To
which they desire their Lordships Concurrence.
Halfpence and Farthings.
Mr. Arnold reported from the Committee, to whom
was referred the Consideration of the several Petitions of
several Traders, and poor Inhabitants, in and about the
City of London, and Borough of Southwarke; and of the
retail Shopkeepers, and other poor Inhabitants, without
Cripplegate, London; complaining of the Halfpence and
Farthings now current; That the Committee had examined and considered the said several Petitions; and had
come to several Resolutions; 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 read; and are as follow; viz.
Resolved, That it is the Opinion of this Committee,
That the present Tin Farthings and Halfpence, not being
of the intrinsick Value, and being easy to be counterfeited
are an Obstruction to Trade, and a great Grievance to
2. Resolved, That it is the Opinion of this Committee,
That the Farthings and Halfpence to be made for the
future, ought to be made of English Metal, and of the
intrinsick Value, and to be coined by their Majesties.
3. Resolved, That it is the Opinion of this Committee,
That the same be not lett to farm.
4. Resolved, That it is the Opinion of this Committee,
That an humble Address be made to their Majesties, that
the present Tin Farthings and Halfpence, not counterfeited, be exchanged by their Majesties.
The First Resolution being read a Second time; the
same was, upon the Question put thereupon, agreed unto
by the House.
The Second Resolution being read a Second time;
An Amendment was proposed to be made therein, by
adding "at the Mint:"
And the same was, upon the Question put thereupon,
agreed unto by the House.
Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That the Farthings and Halfpence to be made for the future, ought
to be made of English Metal, and of the intrinsick Value;
and to be coined by their Majesties at the Mint.
The Residue of the said Resolutions, being severally
read a Second time, were, upon the Question severally
put thereupon, agreed unto by the House.
Resolved, That the said Committee do prepare an
humble Address, to be presented to his Majesty, upon the
said Resolutions: And that Sir John Lowther, Mr. Mountague, and Mr. Clarke, be added to the said Committee.
Mr. Bowyer reported, from the Committee of Elections
and Privileges, the Matter touching the Election and
Return for the Borough of Clitheroe in the County of
Lancaster, 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 Fitton Gerard Esquire,
and Christopher Lister Esquire; by which, either of
the Petitioners set forth, That he is duly elected to
serve for Clitheroe in the County of Lancaster; and
complain of a Double Return for the same Place:
The Committee have examined the Merits of the said
Election and Return.
The Counsel could not agree who should first begin;
which depended upon this Question, Whether the Election, or Return, should be first proceeded on? And thereupon the Counsel, and Parties, withdrawing, the Committee ordered, That the Right of Election should be first
examined, and then the Return.
As to the Right of Election; it was agreed on both
Sides, That That was in the Bailiffs, Burgesses, and Freemen: The Burgesses were such as had Estates of Freehold
or Inheritance, in Houses or Lands, within the Borough:
The Freemen were the Tenants of these Houses, who
were to vote, if their Landlords did not; but if the
Landlords voted for the Houses, the Tenants were not to
vote for them.
For Mr. Gerrard were produced Two Witnesses:
Joseph Wilkinson; who produced a Poll taken by himself at the Election; being employed to do so by Mr.
Morris, an Agent for Mr. Gerrard; and this was examined by the Poll taken by the Under-Sheriff, and found
to agree: At the taking of which Poll, all Three of the
Bailiffs were by; and by both these Polls, for the UnderSheriff's original Poll was produced by the other Side,
Mr. Gerard had 46 Votes, and Mr. Lister 43.
Edward Robinson; testified, That the Under-Sheriff
took the Poll by Consent of all Parties; the Town-Clerk
being excluded from doing of it, as not having done it
well the Election before: The Under-Sheriff came to
Town the same Day that the Election was.
On the behalf of Mr. Lyster, Exceptions were taken
to 13 of Mr. Gerard's Electors:
Against Five, because they were not found by the Inquiry-Jury, and sworn before the Election; viz. Four
Burgesses, and one Freeman:
Against another Freeman, because his Landlord voted
for the same Tenement:
Against a Burgess, for having sold his Tenement, and
being struck out of the Call-Book before the Election:
Against another, for being a Quaker, and not sworn:
And against Two others, for being Minors:
And Three more, because they did not pay BurgageRent; viz. 16d. per Annum.
To prove this, they produced the following Witnesses:
William Oddy. the Town-Clerk; who testified he had
been Town-Clerk Six Years, and had known the Town
Twenty Years; and said, It was the Custom, That no
Burgesses or Freemen should vote at Elections, but those
that were found by the Inquiry-Jury, and sworn: That
he has been at several Elections, and never heard it disputed: That this Jury was dismissed by one Bailiff, before the former Election, wherein Mr. Gerard and Mr.
Weddall were Candidates; and no Jury made till after
the present Election, wherein the Petitioners were Candidates; but since the Election there is a new Jury: That
it did not use to be dismissed, but by both the Bailiffs.
He testified likewise, That the Jury was dismissed before the Day to which it was adjourned; but not till they
petitioned to be dismissed; and were then dismissed by the
As to the Persons excepted against;
He testified, That Henry Mallam, Henry Banister,
Christopher Hartley, and Henry Boocock, that voted for
Mr. Gerard, as Burgesses, and Richard Perkinson as a
Freeman, were not found by the Jury, nor sworn:
That John Willson, another Freeman, that voted for
Mr. Gerard, his Landlord, Chippendale, voted for his House:
That Robert Frankland, that voted as a Burgess for
Mr. Gerard, owned to him, That he had sold his Boroughhold before the Election, and was struck out of the CallBook:
That Richard Colbourne, that voted for Mr. Gerard,
was a Quaker, and not sworn:
That Leonard Nowell, that voted as a Burgess for Mr.
Gerard; was at Infant an School: That he never knew a
Minor sound, or sworn, but Mr. Manwaring the present
Bailiff, about Two Years since; who is the same Person
that is the present Bailiff, and voted for Mr. Gerard:
That he was sworn at an Alehouse, by the Bailiff; and
he was by, and another sworn at the same time:
That he does not know what Right Mallam, Banister,
Hartley, or Boocock, have; nor that they offered themselves to the Jury to be found.
Edward Farrer, and Richard Wilson, testified, They
had known the Town, one 30, and the other 20 Years;
and that it was the Custom for none to vote in Elections
but such as were found by the Jury, and sworn; and
that he never knew this Custom disputed, or a Right
claimed by Persons not found, and sworn, till this last Election: And Farrar instanced in Two Persons that had Burgage- Tenements, and yet did not vote, because not found
and sworn; viz. Mr. Hamond and Richard Grosden.
Farrer likewise confirmed all that Oddy had said before,
as to the particular Persons objected against; and further
testified against Three; viz. James Slater, George Dale,
and John Colthurst, that voted for Mr. Gerard; that
though they were Burgesses, yet they paid no BurgageRent to the Lord of the Manor; and therefore, by the
Custom, were excluded for voting at Elections.
But, on the other Side, it was testified by Robinson,
That all that had been Owners of those Houses before,
had always voted at all Elections, and never objected
against, or refused:
The same was also testified by Thomas Dugdall, and
confessed by Farrer a Witness for Mr. Lister, who testified their Non-payment of Burgage-Rent.
To these Objections, were answered for Mr. Gerard,
That this Custom, That none but such Burgesses and
Freemen should vote at Elections, as were found by the
Inquiry-Jury, and sworn by the Bailiffs, was an unreasonable and illegal Custom, and therefore void; as putting it too much in the Power of the Jury or Bailiffs, to
hinder whom they pleased to vote, though they had
never so much Right.
It was likewise testified by Henry Baily, That one of
the Inquiry-Jury consessed to him, That they purposely
avoided meeting, that Mallam, and the rest objected
against for not being found, might not have an Opportunity of being found, and sworn; and that there being
Eleven of the Jury together, he absented himself for fear
of making a Twelfth Man:
That Oddy, the Town-Clerk, consessed to him, That
he knew that Mallam, and the other Mandamus-men, had
a Right; and declared, that he would have entered them,
if they had come to him.
He testified likewise, That these Men offered themselves to the Jury, and were denied to be found, and
sworn; and yet voted at the former Election, where Mr.
Weddall and Mr. Gerard were Candidates; and some of
them had given Votes at some late Elections of Bailiffs,
but does not know they did it before: Believes they
had their Borough-holds since Mr. Parker's Death:
That they were received by one Bailiff, but rejected by
Robinson likewise testified, That he was Foreman of
the Inquiry-Jury; and that Mallam, and the other Three
Burgesses objected against, have Lands in the Borough,
and tendered their Writings to the Jury:
That the Jury found Colebourne the Quaker, and
allowed his Right of being Burgess; and that he still
continues to have his Right, as such, in all other Matters
belonging to the Borough:
That Nowell is a Man grown, and has a Borough-hold,
and tendered himself to the Jury:
That Frankland lives still in the House; and in that
Case he has Right to vote, till another be entered, by the
Custom of that Place:
That Perkinson lives in a free House belonging to the
Borough; and therefore has Right to vote, his Landlord
Dugdall testified, That John Wilson was in another
House at the time of the Election, than what he now
lives in; viz. in an House of Sir Edward Alston's, who
did not vote; and that he was in Possession of the
House from the 14th of February to the 23d, and
then turned out by Force, by Oddy; who broke open
his Door, and flung out his Goods:
But Farrer testified, He was not in Possession of that
House above an Hour before he was turned out.
On behalf of Mr. Gerard;
Objection was likewise made against Four that polled
for Mr. Lyster; viz.
Against Utred Shuttleworth and Edward Webster, as
Against Wm. Riddiall; because, though he was Tenant, yet his Landlord voted for his House; and Nicolas
Woane; for the same Reason.
The Exception to the last was agreed by Mr. Lister's
Counsel: And as to the former the Proofs were thus:
Robinson testified, as to the Two first, That they were
but Reversioners of Burgage-Tenants; and that Two
Women had Estates for Life in them, and were in Possession.
But it was said, on the other Side, That where Women have Estates for Life, who cannot vote, there the
Reversioners may vote:
Oddy testified this to be the Custom; and that these
Reversioners were found by the Jury, and sworn.
Robinson, a Witness for Mr. Gerard, confessed, He
was of the Jury that found Webster, and was for finding
him; but he is since better informed:
Dudly, another of Mr. Gerard's Witnesses, consessed,
He was likewise of the Jury, but against finding him.
Oddy likewise testified, That Slater, that voted for Mr.
Gerard, was a Reversioner, as well as these that voted for
Robinson likewise testified, That William Riddiall, that
voted for Mr. Lister as a Freeman, his Landlord Warren
chose to vote for the same House; and that the Landlord
might chuse which House he would vote for, though he
had other Tenants:
But this was denied by Farrer; who said, Landlords
could not debar their Tenants from voting, when they
had other Tenants to vote for.
Robinson and Dudley likewise testified, That Mr. Nowell,
that voted for Mr. Gerard, was Woane's Landlord.
Mr. Kenyon, a Member of the House, testified, as to
the Custom of being found by the Inquiry-Jury, and
sworn; and that Mr. Manwaring was yet a Minor; and
that Mallam, and the other Mandamus-men, bought their
Borough-holds, to serve a Turn; and Robinson the Foreman of the Jury sold them to them.
And that thereupon the Committee came to this Resolution; viz.
Resolved, That it is the Opinion of this Committee,
That Fitton Gerard Esquire is duly elected a Burgess to
serve in this present Parliament for the Borough of Clitheroe in the Country of Lancaster.
Afterwards the Counsel being called in, upon the Matter of the Return, the Counsel for Mr. Lister declared to
the Committee, That the Witnesses, that should prove
their Case, were gone away; and therefore they would
not trouble the Committee with opening a Case they
could not then prove.
Whereupon, being again withdrawn, the Committee
resolved to proceed upon the Matter of the Return.
And the Counsel for Mr. Lister offering nothing, the
Counsel for Mr. Gerard called Two Witnesses; viz.
Dugdall; who testified, That Mr. Manwaring was
fairly chosen Bailiff, had 38 Voices, and Mr.Wilkinson
but 36: That it was brought to an Equality, by setting
a Vote down wrong; And that Mr. Manwaring was
sworn Bailiff before this last Election.
And Robinson; who testified, That Mr. Manwaring,
before the Election, was found by the Inquiry-Jury,
whereof Bailiff Lister was one; and sworn, without any
The Returns were in this manner: In the Indenture,
whereby Mr.Gerard is returned, Mr.Manwaring and
Mr. Lyster are named as Bailiffs; but Mr.Manwaring
only signed the Indenture with our Burgesses; but not
In the Indenture, whereby Mr. Lyster the Petitioner is
returned, Mr.Ambrose Pudsey, and Mr.Lyster, are named
Bailiffs; and have both signed the Indenture; and both
these Indentures are returned by the Sheriff.
Thereupon the Committee
Ordered, That the Matter of the Return should be
thus specially reported to the House.
The said Resolution being read a Second time;
And the Question being put, That the House do
agree with the Committee in the said Resolution, That
Fitton Gerard Esquire is duly elected a Burgess to serve
in this present Parliament for the Borough of Clitheroe
in the Country of Lancaster;
The House divided.
The Noes go forth.
Tellers for the Yeas,
||Sir S. Barnadiston,
|Tellers for the Noes,
So it was resolved in the Affirmative.
Ordered, That the Clerk of the Crown do attend this
House To-morrow Morning, with the Returns for the
said Borough, in order to amend the same.
Supply Bill; Duties on Paper, &c.
The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to
consider of the Bill for granting to their Majesties several
Duties upon Paper and Parchment.
Mr. Speaker left the Chair.
Sir Thomas Littleton took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Sir Thomas Littleton 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, To-morrow Morning
at Eleven a Clock, resolve itself into a Committee of the
whole House, to consider further of the said Bill.
And then the House adjourned till To-morrow
Morning, Nine a Clock.