Mercurii, 12 die Februarii;
7° Gulielmi Tertii.
AN ingrossed Bill, from the Lords, intituled, An Act
to enable John Fownes Esquire to sell certain Lands
in the County of Devon, which were settled on his Marriage; and to settle other Lands, of an equal Value, to
the same Uses; was read the First time.
Resolved, That the Bill be read a Second time.
Council of Trade.
Colonel Granvill, according to Order, presented to the
House a Bill for constituting a Council of Trade.
The Bill was read the First time.
Resolved, That the Bill be read a Second time upon
Tuesday Morning next.
Taking off Obligation to coin Guineas.
Mr. Godolphin, according to Order, presented to the
House a Bill for taking off the Obligation and Encouragement of coining Guineas, for a certain Time therein
The Bill was read the First time.
Resolved, That the Bill be read a Second time.
Ordered, That Leave be given to bring in a Bill to
encourage the Art of Gardening.
Red Lyonsquare, (St. Andrew's, Holborn) new Parish.
A Bill for making Part of the Parish of St. Andrew's
Holborn, a new Parish, was read the First time.
Resolved, That the Bill be read a Second time.
Elections.— Irregularities of Returning Officers.
A Bill to prevent irregular Proceedings of Sheriffs, and
other Officers, in the electing and returning Members to
serve in Parliament, was, according to Order, read the
Resolved, That the Bill be committed to Sir Richard
Onslow, Sir Geo. Hungerford, Sir Chr. Musgrave, Mr.
How, Sir John Trevelian, Mr. Stringer, Mr. Brewer,
Lord Newport, Mr. Manley, Lord Ashly, Sir Wm. York,
Sir Edward Abney, Mr. Molesworth, Mr. Liddall, Sir
Godfry Copley, Sir John Parsons, Mr. Gwyn, Mr. Lowther, Mr. Bowyer, Sir Rowland Gwyn, Mr. Morgan,
Colonel Granvill, Mr. Newport, Mr. Onslow, Mr. St.
Johns, Mr. Bertie, Sir Thomas Littleton, Mr. Clark, Mr.
Moyle, Mr. Stonehouse, Sir Harry Hobart, Mr. Gray, Sir
Wm. Lowther, Sir John Kay, Mr. Norres, Mr. Burdet,
Sir William Blacket, Mr. Thornhagh, Sir John Bolles, Mr.
Moncton, Doctor Oxenden, Mr. Gardner, Sir Robert
Davers, Sir Robert Cotton, Sir John Lowther, Mr. Foot
Onslow, Sir Ph. Butler, Mr. Chadwick, Mr. York, Mr.
Kendall, Sir Richard Atkins, Colonel Perry, Mr. Mountague, Mr. Blofield, Sir Herbert Crofts, Mr. Arnold, Mr.
Fuller, Mr. Foley, Mr. England, Mr. Yates, Sir Gerv.
Elwes, Mr. Whitacre, Mr. Stockdale, Mr. Worsley, Mr.
White, Sir Walter Young, Mr. Baldwyn: And all that
come are to have Voices: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.
A Bill for preventing Frauds, and regulating Abuses,
in the Plantation-Trade, was, according to Order, read a
Resolved, That the Bill be committed to a Committee
of the whole House.
Resolved, That this House will, upon To-morrow Seven-night, resolve itself into a Committee of the whole
House, to consider of the said Bill.
A Petition of Isaac Correa, Isaac Pereira, and Joseph
Henriquez, on behalf of themselves, and divers other Merchants, was presented to the House, and read; setting
forth, That the Petitioners are informed, That there is a
Clause in the Bill for preventing Frauds, and regulating
Abuses, in the Plantation-Trade, That no Foreigner shall
use the Occupation of a Merchant, or Factor, in any of
his Majesty's Plantations, under a great Penalty: That
such a Clause will be the Ruin of many Families, who,
by the Rigour of the Spanish and Portuguize Inquititions,
were forced to renounce their native Countries, and shelter
themselves under the Protection of the English Government; to which they have ever dutifully submitted: And
praying, That they may be heard, by their Counsel, at
the Bar of the House, before the Passing of the said Bill,
touching the Premises.
Ordered, That the Consideration of the said Petition be
referred to the said Committee to whom the said Bill is
A Petition of John Stamp and Katherine his Wife,
Thomas Gerrard and Margaret his Wife, Henry Foster,
and Mary his Wife, and Henry Farewell, on behalf of
themselves, and others, was presented to the House and
read; setting forth, That the Petitioners are advised, the
Estate of Warwick Bamfeild Esquire, deceased, doth belong to them; and that there is now depending, in the
Court of Chancery, a Suit between the Petitioners and Sir
Coppleston Warwick Bamfeild, for Recovery of the same:
That, during that Contest, there is a Bill now brought into
this House, to enable certain Trustees to make, renew,
and fill up, Leases of the Estate of Sir Coppleston
Warwick Bamfeild, during his Infancy; and for laying
out the Monies to be raised thereby in Purchases, to the
same Uses the said Estate now is; which Bill doth extend
to the Estate of the said Warw. Bamfeild, as well as to the
Estate of Sir Coppleston: And praying, That they may
be heard, by Counsel, touching the said Bill.
Ordered, That the Consideration of the said Petition be
referred to the Committee, to whom the said Bill is
Colonel Granville reported, from the Committee of
Privileges and Elections, the Matter touching the Election
for the Borough of Clitheroe, in the County of Lancaster,
as the same appeared to the said Committee, and the
Resolution of the Committee thereupon; which he read
in his Place: and afterwards delivered in at the Clerk's
Table: Where the same was read; and is as followeth;
Upon the Petition of Thomas Stringer Esquire, complaining of an undue Election and Return of Ambrose
Pudsey Esquire to serve for the Borough of Clitheroe:
The Committee have examined the Merits of that
That, upon the Poll, the Numbers were thus;
For Mr. Pudsey
|For Mr. Stringer
But the Petitioner insisted, That several Irregularities
had been practised at the said Election; and that several
ought to be added to Mr. Stringer's Poll; which would
give him a Majority.
That the Right was agreed to be in the Bailiffs.
Burgesses, and Freemen; but if the Person that had the
Inheritance voted, the Tenant could not:
That the Custom of the Borough is, every Year, to
have an Inquiry-Jury in that Borough; whose Office it
is, to inquire who are Burgesses and Freemen; and such
as are found by that Jury are entered in a Book, and have
only used to vote at Elections.
But that the Petitioner insisted, That the Bailiffs did
at this Election refuse to call an Inquiry-Jury; by which
means, several Persons that ought to have been found as
Burgesses and Freemen, were not found; and so he was
deprived of several Voices.
And for this they called,
Thomas Dugdale: Who said, He had searched the
Records of the Town, and found Inquiry-Juries had
been called in December, November, January, February,
March, and April; and that, the 11th of October, he
desired, of Mr. Bailiff Whitaker, that an Inquiry-Jury
might be called; and that he denied it, saying, It was in
their Power; and that Mr. Stringer should not be a Parliament-man. And
Thomas Dugdale, John Robinson, John Deane, said,
That, on the 23d October, they, with several Persons that
had a Right to be found, went to Bailiff Lyster, and desired of him to call an Inquiry-Jury: That Mr. Lister
said, He would call a Hall, and consider of it; but he
did not call a Hall, nor call an Inquiry-Jury. And
Dean said, That Mr. Pudsey, and Mr. Walbank that
acted for Mr. Pudsey, told him, the said Dean, That, if
he would be for Mr. Pudsey, an Inquiry-Jury should be
called, and he should have a good Voice.
Richard Haye said, Mr. Slater asked him to vote for
Mr. Pudsey; and made him the same Promise.
Tho. Nowell said, One of the Bailiffs asked him to be
for Mr. Pudsey; and made him the same Promise.
Wm. Dugdale, John Wilson, said, Walbank made him
the like Promise.
Geo. Haworth proved a Deed from John Dugdale to
John Dean; but said, there was a Re-conveyance a
John Troy said, He went down with the Petitioner to
Clitheroe; and was at the Election: That he informed
the Bailiffs of several Freemen that would vote; but the
Bailiffs said, They would call none but what were in their
Call-Book, and as they were there.
Wm. Dugdale said, He had a Right to vote for the
House he lived in; which he had been in Possession of
William Dean said, He had been found by the Inquiry-Jury: That his Landlord did vote, but not for this
House: That he was not found for the House he had
lived in; but, about Three Weeks before the Election,
and before the Proclamation, came out for the Dissolution
of the last Parliament, had tendered a Groat to the TownClerk to enter his Name.
Nich. Nowell said, That Mr. Bailiff Whitaker put him
into a free House; and that he was to live there free till
Lady-day, provided he would vote as the Bailiff did; and
that, afterwards, Mr. Walbank offered him 30s. to vote
for Mr. Pudsey; which he refused; but did receive of him
30s. to keep out of the Hall: And said, If he had not
received that 30s. he would have been for Mr. Stringer:
And that Bailiff Whitacre threatened him, if he came to
London, to sting his Wife and Children in the Street;
and afterwards committed him to the County-Gaol, though
there was a Gaol in the Town.
Thomas Dugdale, John Robinson, said, That they had
acquainted Bailiff Whitaker, That Nowell was to appear
before this Committee 17th January: And that he said,
He did not care; he had abused him, and he would send
him to Gaol:
That Henry Baily was Heir by Descent to a Burgagehouse, but not found:
That One Franklyn offered to vote; and had 10s. a
Year Rent reserved; but he did receive Adms.
Ro. Page said, He lived in a Free-house at Lady-day,
and had taken it for Seven Years: That he had covenanted in his Lease to vote as his Landlord should direct;
and would have voted for both the Sitting Members; but
afterwards, when Mr. Stringer had petitioned, his Landlord would have had him given it under his Hand, That
he would have voted for Mr. Stringer and Mr. Lyster.
Richard Haye, John Wilson, said, He hath a Burgagehouse, and was ready to vote for Mr. Stringer and Mr.
John Wilson said, He had been a Freeman Five Years;
and would have voted for Mr. Lyster and Mr. Stringer:
That Mr. Lyster voted, but did not name the House;
and he has other Burgage Lands.
William Baily said, He had a Burgage-house; and was
ready to have voted, if called.
Henry Woolcock said, he was ready to vote for
Mr. Stringer: That he has paid Borough-Rent for
Two Years; which he bought of John Mitchell: But
confessed, That Mr. Parker had made some Bargain
for it; but no Money was paid, nor the Possession delivered.
Richard Blackborn said, He had lived in a Burgagehouse Five Years; was at the Election, but was not
Edward Coulters said, He had been found, and sworn;
but was since removed; but offered a Groat to the TownClerk to have his Name entered.
Robinson said, That Edward Webster had a Reversion,
after the Death of his Mother; and received Rent; and
had a Right.
That, for Mr. Pudsey, the Sitting Member, it was
insisted, That the Inquiry-Jury was discharged fairly,
according to Custom; and that many who would have
voted for Mr. Pudsey had been found, if there had been
an Inquiry-Jury in being. And
Mr. Slater, Mr. Farrer, said, the Custom of the Borough was, to call the Grand Jury about Candlemas, and
discharge it about Michaelmas; and this Year the Inquiry-Jury was discharged at the usual Time, by general
Consent, for want of Business: That they knew nothing
of paying a Groat to have their Names entered anew;
but if a freeman removed to another Burgage-house, he
ought to be found again:
That none but Franklyn actually offered to vote; and
he was maintained by the Town:
That Sir John Ashton, Sir Nich. Sherborn, Mr.
Walmsly, Mr. Crosdale, Mr. Hammond, Mr. Marsden,
Mr. Chippendon, Mr. Breman, John Slater, John Yates,
Rich. Eyres, had all a Right to be found; and would
have voted for Mr. Pudsey; and some of their Tenants
voted for Mr. Stringer.
That, as to several Persons endeavoured to be made
good Votes by the Petitioner, they said,
That Richard Hayes never demanded to be found:
That Thomas Nowell put himself into a House, where
another inhabited, a Fortnight before the Election:
That he did not ask Wm. Dugdall for his Voice; nor
had he any Right to be found by the Jury:
That Dean had re-conveyed before the Election:
That Leonard Nowell was found for William Dean's
That Ro. Page might have been found, if he would;
but he said, He had not his Lease sealed:
That Mr. Lister voted for John Willson's House:
That Henry Woolcock was never presented; and the
Land was Mr. Parker's Son's:
That Ri. Blackborn has not offered himself to the
Inquiry-Jury since he gave Security:
That there are Two William Baily's; One voted for
Mr. Stringer; and the other had no Right:
That he believes Edward Coulters had been found, if
he had come to the Inquiry-Jury.
Richard Nowell, Geo. Howard, * Farrer, said, That
the 30s. paid to Ni. Nowell was for Ale, drawn upon
the Account of Mr. Pudsey.
And that, upon the whole Matter, the Committee came
to this Resolution; viz.
Resolved, That it is the Opinion of this Committee,
That Ambrose Pudsey Esquire is duly elected a Burgess
to serve in this present Parliament for the Borough of
The said Resolution being read a Second time;
Resolved, That the House do agree with the Committee in the said Resolution, That Ambrose Pudsey Esquire is duly elected a Burgess to serve in this present
Parliament for the Borough of Clitheroe.
Colonel Granville also reported, from the Committee
of Privileges and Elections, the Matter, touching the
Election for the Borough of Dunwich, in the County of
Suffolk, as it appeared to the said Committee, 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;
Upon the Petition of Roger Wood and John Bence
Esquires, complaining of an undue Election and
Return of Sir Robert Rich, and Henry Heveningham Esquire, to serve for the Borough of Dunwich,
in the County of Suffolk:
The Committee have examined the Merits of that
The Petitioners insisted, That the Right of Election
was in the Freemen inhabiting within the Borough of
Dunwich only: And for That they produced a Return of
7° Edw. IV. Which says, The Two Coroners, and
Ten Persons therein named, and many others burgens'
& residen' vill' prædict', elected.
12 Edw. IV. Which says, The Bailiff, with the Consent of the whole Commonalty of the Town, did cause
to be elected, in the Presence of the Two Coroners, and
19 Persons named, aliorumque plurimor' burgens' residen', infra villam prædict' commorant', Two Burgesses.
They also produced Three ancient Books; by which it
appeared, The ancient Constitution of the Borough was, of
Two Bailiffs, 12 in the Nature of Aldermen, and 24 in
the Nature of a Common-Council and Freemen.
Liber A. Fo. 84. By which it appeared 11 Oct. 1643,
Two Bailiffs, 10 of the 12, Eight of the 24, and Seven
Fo. 131. 12 Feb. 1° Jac. I. Two Bailiffs, Seven of the
12, Five of the 24, and 20 Freemen, elected.
Fo. 256. 21 Mar. 11 Jac. Two Bailiffs, Eight of the
12, 11 of the 24, and 12 Freemen, elected.
Liber B. Fo. 115, 23 March 1639, Two Bailiffs, Six
of the 12, 14 of the 24, and Eight Freemen, elected.
Liber N° 3°, Fo. 7. August 22d, 1656. Two Bailiffs, Six of the 12, 18 of the 24, and 15 Freemen,
The Petitioners then called Mr. Betts: Who said, He
had known Dunwich 25 Years: That, in the Year 1670,
there was a Contest between Sir Thomas Allen and Mr.
Wood: That Mr. Wood was returned by the greater
Number of the in-sitting Burgesses.
That a Question arose, which was returned by the proper Officer: And it appeared, That the House, upon a
Report from the Committee of Elections, did, 25 Jan.
1670, resolve, That Mr. Wood was duly returned.
Mr. Betts said, That Sir Thomas Allen never thought
sit afterwards to contest the Merits of the Election: And
Mr. Wood continued in the House.
Mr. Green said, That, in 1641, Mr. Brewster was
chosen by the Freemen inhabiting within the Borough:
That there was then no Pretence of Out-fitters; nor no
William Crane said, That, in 1661, Sir John Rouse,
and Rich. Cook Esquire, were chose by the Freemen Inhabitants; and that he never heard of any other Claim
till later Days.
And Mr. Betts, being called in again, said, That one
Benefice, Alderman of the Borough, had taken 40 s. and
50 s. apiece of several, to make them free; and carried
the Common Seal in his Pocket; and gave the Oath of a
Freeman at Yarmouth, Ipswich, &c.; and had a Factor
at Wapping; and made several free that never saw the
Town: But further said, That the same Oath was given
to the inhabiting Freemen, and the Out-sitters; and the
Out-sitter was to pay annually a Crown, and Half a Crown
for their Freedom; a great deal of which had been collected; but the Inhabitants did not pay it; and that, at
least, 20 Out-sitters had been Bailiffs; and Six or Seven
of the present Aldermen were Out-sitters; but that the
Aldermen Out-sitters only voted for Bailiffs; and did not
vote in the present Election; but there is always one of
the Bailiffs an Inhabitant; and that both Bailiffs used to
sign the Returns to Parliament:
Mr. Betts also said, He had known all the Elections
to Parliament since the Year 1670; and was admitted
Town-Clerk in the Year 1680; and continued so till
That, in 1678, Sir Phi. Skippon and Maj. Allen were
chose by the Borough-men; but the Out-sitters voted
That, in 1679, the Borough-men set up Kemp; but
the Out-sitters voted with the Borough-men:
That, in 1680, Sir Ro. Kemp and Sir Ph. Skippon
were chose in the same manner; but the Borough-men
all for them:
That, in the Parliament after the Oxon Parliament,
they chose in the same manner:
That in King James the Second's time, 85, Colonel
Gibbon and Mr. Norton were chosen by the Freemen
inhabiting only; and no Out-sitters voted:
That, in the Convention, there was a Contest between
North and Young, Sir Tho. Allen, and Sir Robert Rich,
and Sir Phil. Skippon: That the Majority of the Inhabitants were for North and Allen; and the Out-sitters for
the others: But North and Allen would not be at the
Charge of bringing up their Witnesses; and none examined but himself: And they produced but one Return;
and so lost it:
And produced a Copy of the Journal, 8 Dec. 3° Gulielmi & Mariæ; by which it appeared, That, upon Report of an Election between Mr. Bence and Mr. Heveningham, the House did agree with the Committee, That
the Right of Election was only in the Freemen inhabiting
within the Borough.
Mr. Betts also gave this Account of the manner of getting the last Charter;
That, about December 1693, they heard there was a
Petition carried on to get another Charter: Whereupon
they called a Hall; and every Freeman in the Town was
there, and Five of them that signed the Petition was there:
That one Girling said, He signed the Petition for fear of
being pressed; and others said, They did not understand
it: It was supposed to be a Petition for a Scire facias, or
Quo warranto: That there was 16 in the Hall actually,
who were against any new Charter; and Nine that stuck
to the Petition they had signed; and, accordingly, a Petition was framed against it; but, finding the first was a
Petition for Restitution, they were fain to get another
Petition; and, by Order of Council, they were to be
heard upon it, but first to pay Costs; which being 33 l.
they were not able to raise it; and so the Petition was
dismissed: And, in June 1694, they carried King William's
Charter down, with 3 or 400 Foreigners; but the Town
never accepted of it: That the Town did accept the
Charter of 1685; and have acted ever since under it;
and Four Returns were made under it; and Two of them
for Sir Robert Rich: That Sir Robert Rich was an Alderman under the Charter:
And (fn. (a)) [they] produced a bound Book, Fo. 61, A.
and B; for the Swearing of him an Alderman; and dispensing with any Oath, but to the Corporation.
And Mr. Betts said, of the inhabiting Burgesses or
Freemen, there was,
For the Petitioners
|For the Sitting Members
Their Names are as follow;
William Wethersby, John Archer, Robert Swatman,
John Battily, Tho. Foster, Ja. Guibons, Ja. Moore, John
Watling, John Scott, Mark Noble, Benj. Hambyn, Geo.
Flint, Hezekiah Shepperd.
But it appeared afterwards to the Committee, That the
Numbers of Freemen would be more or less, according as
King James' Charter, or King William's Charter, should
be allowed: And as to that Matter, the Fact was,
That an Instrument of Surrender was made in King
Charles the IId's Time; but that Surrender was not inrolled till King James' Time: So the Question, between
the Petitioners and the Sitting Members Counsel, was,
Whether that Inrollment in King James' Time did make
good the Surrender in King Charles' Time; and, if that
Surrender was good, then the Charter of King James
being accepted by the Town, and no Surrender of that
made, the Petitioners Counsel argued, That the Charter
of King William and Queen Mary was void; as also, for
this Reason, that the Charter of King James was accepted, but the Charter of King William and Queen
Mary never accepted:
But the Sitting Members Counsel insisted, That, by
Law, the Surrender was void; for that the King cannot
take but by Matter of Record; and that, the Surrender
not being inrolled in King Charles's Time, King Charles
could not take by that Surrender; and so, consequently,
King James could not: However, they insisted, The Right
of Election of Burgesses could not be surrendered.
For the Petitioners was produced,
A Copy of the Return of the Sitting Members; which
said, the Bailiff and Burgesses of the Town elected: And
A Return in King James' Time, and another Return
to the Prince of Orange's Letter; which were in the same
Mr. Betts said, That Phillip Eads, and Two others,
were foisted in by a different Hand, as made free, after
the Assembly was up:
That William Sweatman was not free:
That Benefice was removed and disfranchised.
And his Disfranchisement was read.
John Hasel said, That John Burly was not free, and
lived at Southold:
That Jeremy Page lives at Wesleton:
That James Foreman lives at Thorp, and is no Freeman:
And that Pacy told him, If he would vote for Sir
Robert Rich, he should have a House for 3 l. to be paid
That Aldridge and Ja. Goodwyn are Out-sitters, Southold Men:
That Joseph Burly was an Apprentice:
That Thom. Foster had a Protection:
That Robert Hill was no Freeman:
That Charles Eade, James Eade, Amos Beate, were
neither Freemen nor Inhabitant:
That John Cross was Apprentice to Phil. Eade:
That Masterton was no Inhabitant:
That One of the Ja. Moor's was not free:
That John Cutting was no Inhabitant.
Tho. Stanly said, That Jos. Burly was his Apprentice;
and was got away, by the Instigation of Pacy, to vote for
Sir Robert Rich and Mr. Heveningham; and that he told
his Master, If he would not give him Leave, he must take
Leave; for he had a Friend had procured him a Birth in a
Man of War, and Two days after he was listed on board
the Milford Gally; and he hath not seen him since:
That James Moore was hired, at Michaelmas last, to
live with one Symonds; and came over to vote at the
Election; and then returned to his Service.
Then the Petitioners proceeded to prove several Irregularities in Procuring of Voices.
William Cooke said, That he went to Esquire Heveningham's House, and Mr. Heveningham told him, That if
he would vote for him, the said Mr. Heveningham, and
Sir Robert Rich, he would give him 10s.; and that he
had given Two Guineas to Archer to give to Four: Tha
Archer did give him 10s.: But Cook said, He did not
vote for the Sitting Members; because he did not fancy to
be hired; That Archer voted for Sir Robert Rich: And
Mr. Heveningham desired him to meet at Justice Neat's,
Recorder by the new Charter; and told him, He might
have 10 l. or 20 l. of Mr. Neat, if he would vote for him
and Sir Robert Rich; and that the Bond, after he had so
voted, should be cut in Pieces; and, accordingly, he did
receive 10 l. of Mr. Neat, upon his Bond: That he did not
vote for Sir Robert Rich and Mr. Heveningham; but paid
back the same Money about 12 Days after he had received
it: That he confessed the Matter of the 10 l. to several:
And that Mr. Heveningham asked Ben. Hambyn, Who he
would vote for? And Hambyn said, for him: That Mr.
Heveningham asked him again, Not for Sir Robert Rich?
To which he answered, Yes: Whereupon, he gave him a
Horse: and, that Horse throwing him down, he gave him
another worth 50s.
Hasell, said, That, the Tuesday after the Election, he
went with Cook to pay back the 10 l. to Mr. Neat.
Hasell and Tansy said, That Mr. Heveningham, in the
Town-hall, inquired who Cook voted for; and Cook telling him, Mr. Heveningham replied, he always took him
to be a Rogue. And
Tansy said, That Cook, the Day after the Election, did
tell him of the Matter of the 10 l. lent him by Justice
Neat; in manner as before testified by Cook.
Nich. Beeke said, That, 5 Days before the Election, he
was at Captain Heveningham's; and Mr. Heveningham
asked him, If he could not vote for him? And said, He
would give him 14 or 15 l. to pay his Debts, to vote for
him and Sir Robert Rich, and 5 l. to put in his Pocket:
But he voted for Mr. Bence and Mr. Wood,; for he had
no need of the Money.
Tansy, and another Witness, said, That Hezekiah Sheppard voted for Sir Robert Rich and Mr. Heveningham;
and that he confessed, Mr. Heveningham gave him 10s.
and a Scarlet Waistcoat, (which a Taylor bid him 40s.
for) for his Vote.
James Farro said, That Archer told him, He would
give him 14 or 15 l. to vote for Sir Robert Rich and Mr.
Heveningham; but he answered, He would not, for 100 l.
go against his Conscience; and that John Bathurst afterwards beat him, and said, That if he would not vote for
them, he should not go out of his House alive.
John Collat said, That John Archer offered him 10s.
to vote for Mr. Heveningham:
That he knows Phillip Eade, who voted for Sir Robert
Rich and Mr. Heveningham; and heard him say, That
Sir Robert Rich got him a Place, of 10 l. a Year, to give
his Vote; and said, He was set ashore unexpectedly; and
received a Protection undesired.
And his Protection, and another for Sweatman, being
produced, and read; they were made upon Suggestion of
their being Witnesses in a Law-suit;
But he knew of no Law-suit they were to be Witnesses
in: And said, Sir Robert Rich asked him to vote for him;
and he did offer him a single Vote; but, Sir Robert not
accepting of it, he voted for neither:
That George Flint and Hezekiah Sheppard were pressed
by Mr. Pacy:
And that Three Men of War came to an Anchor at
Dunwich, a little before the Election; and, presently
after sailed away again.
Richard Sumner said, he was on board the Queen, and
was discharged by Sir Robert Rich's Order: That he desired him to go to Dunwich, and vote for him; and gave
him a Protection; but instead of going to Dunwich, he
made Two Newcastle Voyages:
That Sir Robert Rich asked him, If he owed any
Money? And he told Sir Robert Rich, About 13 l.; to
which Sir Robert said, He should not trouble himself,
for he could take care of that: And further said, That,
while he was at Newcastle, Bonner sent to him Two
Letters, to come home and vote for Sir Robert Rich.
James Gurning said, That Enoch Gurning, who appeared for Sir Robert Rich and Mr. Heveningham, told
him, the Solebay Frigate was to come in upon the Electionday, and was to press those seafaring Men that voted
against Sir Robert Rich and Mr. Heveningham: And further told him, He should have what Money he had Occasion for, if he would vote for them: And Gurning said,
The Men of War did come, and stay till the Election
Gurning and Hasell said, That Mr. Bence and Mr.
Wood's Side were frighted by the Men of War; and that
One Man ran out of the Town for some time, but afterwards came and voted. And
Hasell said, That Archer said to him, You employ a
pretty many Men, and, if they should be pressed, what
will you do? for Sir Robert Rich says, The Solebay shall
The Sitting Members denied all manner of Bribery:
And said, That Dunwich was a Borough by Prescription:
That the Charter by King William and Queen Mary, being good, it answered the Petitioners Objections, of their
Voters not being free: And insisted, That the Right of
the Election was in the Freemen at large:
And produced a Copy of King John's Charter to the
Borough; which was to the Burgesses of Dunwich:
And the Charter of King William and Queen Mary,
(fn. (a))  Apr. 6° Gulielmi & Mariæ: Which takes Notice
of the Instrument of Surrender to King Charles IId; and
that the same was not inrolled till the Reign of King
James; and that, thereupon, there are several Doubts
arisen, touching the Franchises, Liberties, and Estate, of
the Town; and, for putting an End to those Doubts, this
Charter confirms them in their former Rights and Liberties they enjoyed before the Surrender, by the Name,
Balli' probor hom' & burgens' villæ Dunwich:
And produced Returns; viz.
7° Edw. VI. Balli' & burgens', & communitas elegerunt.
33 Hen. VIII. Balli' & communitas elegerunt.
And the Resolution of the House, 27 Febr. 1° Gul.
& Mariæ, upon a Report of an Election at Dunwich; by
which the House agreed with the Committee, That the
Right of Election was in the Freemen, called Out-sitters,
as well as the Freemen Inhabitants.
John Archer said, He had known Dunwich 30 Years:
That the Out-sitters always voted: And that he was present at the last Election of Sir Robert Rich and Mr. Heveningham; and that they had the Majority; viz. 35
Freemen Inhabitants; and for the Out-sitters, they
might have had as many as they would: That he was
sent to be sworn Alderman; but he would not accept it;
being a Bailiff by King William's Charter: And denied he ever offered any Money to any, to vote for Sir
Robert Rich and Mr. Heveningham, nor ever terrified any
by the Men of War.
John Archer, Philip Eads, That Benefice had an Office at the Custom-house: but it was said he was disfranchised:
That William Sweatman, Amos Beate, John Crosse,
Charles Eads, James Eades, Jer. Payne, Robert Hill, Wm.
Coggs, Rich. Heat, James Goodwin, George Alder, Ja.
Foreman, John Burly, Robert Bonner, Ja. Ford junior,
Tho. Boone, Tho. Masters, Abraham Wise, were Freemen and Inhabitants:
That John Cutting was a Freeman, but no Inhabitant.
William Russel, Overseer of Southold, said, That John
Burly lived at Southold; but was a seafaring Man; And
that Steel, Goodwin, and Alder, lived there also, and paid
to Church and Poor.
Mr. Foster delivered in a Book of the Town: And said,
That 18 of the 35 (fn. (b)) [for the Sitting Members] were
made free by the new Charter.
Phillip Eads said, He was free by the old and new
Charter: That he had no Horse of Mr. Heveningham,
but one that was lame for his Dogs.
Mr. Pacey said, That the Town-Clerk was in haste to
go home; so he and the other Bailiff made Phil. Eads
Then the Sitting Members proceeded to take their Exceptions to the Petitioners Voters: And
Archer and Ph. Eades, said, That John Mason was
free by King James's Charter:
That John Belwood was made free since King James'
That Christopher Moor was no Inhabitant, but lived
with John Hasell:
That Nicholas Peake was made free since King William
and Queen Mary's Charter:
That John Collet lives with his Mother:
That Wm. Cook lived at Dingly and Wesleton:
That James Farro was sent out of Town because he
was no Inhabitant:
That Wm. Love came to Town but last Midsummer:
That Thomas Burly did not vote till after the Election:
That Richard Hasell is no Inhabitant, but since Christmas last:
That Tho. Newson is no Inhabitant, to his Knowledge:
That James Garwood lived in the Hospital, and is a
That Phillipp Pells had no Habitation:
That Robert Styles is a hired Servant:
That Thomas Gibson had no Habitation:
That Thomas Burrell told him, He owed Mr. Bence
and Mr. Rouse 8 l. and durst not vote against them.
John Scarfe said, That he had received 30s. a Week
since Michaelmas was 12 Month; which was for the Use
of the Freemen that were Friends to Mr. Bence and Mr.
Wood, and were for King James' Charter; that he kept
a Publick-house, and Part of the 30s. was spent in Meat
and Drink, and some of it the Freemen had in Corn; that
the 30s. a Week was continued since the Election, and
was to continue till all the Gentlemen met again: That
he voted for Mr. Bence and Mr. Wood, upon account of
having his Duty paid him: That he had received 27 l.
of Mr. Bence, and 27 l. of Mr. Wood for Meat and
Drink spent at the Election:
That he borrowed 10 l. of Mr. Bence Two Years ago,
and gave his Bond for it; and promised to stand true to
them, and vote for them upon Occasion:
He further said, That William Cook had 3 l. of Swatman, paid by Sir Charles Blois, on account of voting for
Mr. Bence and Mr. Wood; and he saw the Money paid
That Nicholas Peake lost his Employ in the Brick-kilns;
and was promised Two Brick-kilns; and had 20s. in
That Hasell, that appeared for Mr. Bence and Mr.
Wood, promised John Ballard 20s.
That Mr. Bence promised Ri. Sommers a Vessel, upon
account of voting for them.
Captain Lydcott said, He was accidentally driven by
the Tide of Flood into Dunwich Bay; and that he heard
Sir Robert Rick was on Shore, and he went to pay his
Respects to him: That Sir Robert Rich did not know of
his being there; but, when Sir Robert saw him, he defired
him to go away; for that, otherwise, he would spoil his
Mr. Pacy said, He commanded Stevens not to come on
Shore till the Election was over; and, accordingly, he
did not come on Shore, nor sent his Boat, till the Election
was over: That he was Vice-Admiral under Sir Robert
Rich; and had a Charge from Sir Robert, That nobody
should be disturbed.
Upon the whole Matter, the Committee came to these
Resolved, That it is the Opinion of this Committee,
That the Right of Election of Burgesses to serve in Parliament for the Borough of Dunwich, in the County of
Suffolk, is in the Freemen of the said Borough, commonly
called Out-sitters, as well as the Freemen inhabiting within the said Borough.
Resolved, That it is the Opinion of this Committee.
That Sir Robert Rich is duly elected a Burgess to serve in
this present Parliament for the said Borough of Dunwich.
Resolved, That it is the Opinion of this Committee,
That Henry Heveningham Esquire is duly elected a Burgess
to serve in this present Parliament for the said Borough
The First Resolution being read a Second time;
Sir Robert Rich and Mr. Heveningham were heard in
And then withdrew.
And the Question being put, That the House do agree
with the Committee in the said Resolution, That the
Right of Election of Burgesses to serve in Parliament for
the Borough of Dunwich, in the County of Suffolk, is in
the Freemen of the Borough, commonly called Outsitters, as well as the Freemen inhabiting within the said
The House divided.
The Noes go forth.
Tellers for the Yeas,
||Sir Godfry Copley,
|Tellers for the Noes,
||Sir John Barker,
So it was resolved in the Affirmative.
The Second and Third Resolutions, being read a Second
time, were, upon the Question severally put thereupon,
agreed unto by the House.
Bringing Plate to be coined.
Resolved, That this House will, To-morrow Morning,
resolve itself into a Committee of the whole House, to
consider further of the Bill to encourage the bringing in of
milled, broad, and unclipped, Monies, to be exchanged,
by Commissioners in the several Parts of this Realm, with
the common People, for their clipped Monies; and for
the Encouraging of Persons to bring Plate into the Mint,
to be coined.
And then the House adjourned till To-morrow
Morning, Nine a Clock.