House of Commons Journal Volume 11
9 March 1696

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1803

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'House of Commons Journal Volume 11: 9 March 1696', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 498-501. URL: http://www.british-history.ac.uk/report.aspx?compid=39263 Date accessed: 25 October 2014.


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Lunæ, 9 die Martii;

8° Gulielmi Tertii.

Dawson's Estate.

Prayers.

A PETITION of William Fowell, of Black-hall, in the County of Devon, Esquire, was presented to the House, and read; setting forth, That there is a Bill now before the House for vesting part of the Estate of Joseph Dawson Esquire in Trustees, for Payment of his Debts; and for Provision for the Maintenance and Marriage of his Daughters: That the said Mr. Dawson, as Executor to his Father, is indebted to the Petitioner above 800 l. and endeavours to evade the Payment thereof; and, for that Purpose, is procuring the said Bill to pass into a Law: And praying to be heard, by Counsel, against the said Bill, unless it subjects the said Estate to the Payment of the Petitioner's said Debt.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Jones' &c. Estates.

Mr. Farrer reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, an Act for settling the personal Estates of Richard Jones Esquire, and Mary Gyfford Spinster, Minors, in Trustees, for the Purposes therein mentioned, was committed, That they had examined and considered the same; and had directed him to report the same to the House, without any Amendment: And he delivered the same in at the Clerk's Table.

Bristoll Hospitals, &c.

A Bill for the Erecting of Hospitals and Work-houses within the City of Bristoll, for the better employing and maintaining the Poor thereof, was read a Second time.

Resolved, That the Bill be committed to Mr. Foley, Lord Hide, Sir John Bolles, Mr. Yates, Doctor Oxenden, Mr. Sandford, Mr. Blofeild, Mr. Blaake, Mr. Moyle, Mr. Dolben, Mr. Burdet, Mr. Pocklington, Mr. Thompson, Mr. Baldwyn, Sir Robert Davers. Sir John Kay, Mr. Whitaker, Mr. Colt, Sir Hen. Colt, Mr. Bromley, Sir Edw. Aiscough, Mr. Monson, Mr. Phillipps, Mr. Farrer, Sir Tho. Dyke, Mr. Frewen, Mr. Osborne, Mr. Bickerstaff, Mr. Foley, Mr. Hoare, Sir Ri. Onslow, Sir Tho. Day, Mr. Lowther, Colonel Perry, Mr. England, Mr. Fuller, Mr. Palmes, Sir Hen. Goff; and all that serve for the Counties of Gloucester and Somerset: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Earl of Torrington's Grant in Bedford Level.

Ordered, That the Report from the Committee, to whom the Bill for confirming a Grant, under the Great Seal of England, to Arthur Earl of Torrington, by King William and Queen Mary, of several Parcels of Land, Part of the great Level of the Fens, called Bedford Level; and for the better enabling the said Earl to recover the Arrears of Rent, and Mesne Profits; was committed; be made upon Thursday Morning next.

Wilton Bridge.

A Bill for Repeal of an Act made in the 39th Year of the Reign of Queen Elizabeth; and for taking off the Duty off Pontage, payable at Wilton Bridge, near Rosse, in the County of Hereford; was read a Second time.

Resolved, That the Bill be committed to Mr. Tho. Foley, Sir John Bolles, Mr. Dolben, Mr. Newport, Mr. Burdet, Mr. Blaake, Mr. Farrer, Mr. Nicholas, Sir Cha. Keimish, Mr. Whitaker, Sir John Fleet, Mr. Brownlow, Sir John Kay, Mr. England, Sir Edw. Aiscough, Mr. Monson, Mr. Onslow, Mr. Freke, Mr. Thornhagh, Mr. Thompson, Sir Math. Andrews, Sir Ro. Davers, Mr. Ph. Foley, Mr. Norres, Mr. Johnson, Sir Ro. Cotton, Sir Herbert Crofts, Mr. Pocklington, Mr. Baldwyn, Mr. Osborne, Colonel Perry, Mr. Bowyer and all that serve for the County of Hereford: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber.

Preventing Export of Wool.

A Petition of the Clothiers of Kinver, in the County of Stafford, was presented to the House, and read; setting forth, That the Petitioners have employed many Hundreds of Families in making of Frizes, and other Woollen Manufactures; most of which have constantly been exported, and sold beyond Sea; and the Petitioners sufficiently supplied with English Wool, till, of late, that some foreign Merchants having privately bought up, and exported our Wool, the same Sort of Goods are made therewith beyond the Seas; which will, if not speedily prevented, destroy the foreign Trade of our Woollen Manufactures, and utterly ruin the Petitioners, whose sole Livelihood depends thereon: And praying, That the House will take some speedy and effectual Care to prevent the Exportation of Wool.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the Bill for the preventing the Exportation of Wool is committed.

Avon Navigation.

A Petition of the Gentlemen, Freeholders, Tradesmen, and Inhabitants, of Warminster, in the County of Wilts, was presented to the House, and read; setting forth, That the Petitioners find, by the Votes of the House, That a Bill for making the River Avon, in the Counties of Wilts, Gloucester, and Somersett, navigable, hath been read the First time: That the Petitioners are very sensible the said Navigation will not only be a great Advantage to them, but also a Promotion of Trade in general: And praying, That the said Bill may pass without any Obstruction.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Ditto.

A Petition of the Gentlemen, Freeholders, Tradesmen, and Inhabitants, of the Town of Corsham, Chippenham, Calne, and Devises, in the County of Wilts, and other adjacent Places in the said County, was presented to the House, and read, setting forth, That the Bill now depending in the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somersett, navigable, will be a great Benefit to the Petitioners, and all the adjacent Places to the said several Counties: And praying the Removing of all Obstructions against passing the said Bill; it being a great Promotion to Trade in general.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Ditto.

A Petition of the Gentlemen, Freeholders, Tradesmen, and Inhabitants, of the Towns of Bradford, Trowbridge, and other adjacent Places, in the County of Wilts, was presented to the House, and read; setting forth, That there is a Bill now before the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somerset, navigable; which, if it should pass, will be a great Benefit to all the adjacent Places to the said Counties, and probably a Promotion to Trade in general: And praying, That all Obstructions, which tend to hinder the passing of the said Bill may be removed.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Ditto.

A Petition of the Gentlemen, Freeholders, Tradesmen, and Inhabitants, of the Towns of Frome and PhillipsNorton, and other adjacent Places in the County of Somerset, was presented to the House, and read; setting forth, That the making Rivers navigable is a great Advantage to Trade in general: That there is a Bill depending in the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somerset, navigable; which Navigation will be a great Advantage to the Petitioners: And praying, That nothing may hinder the said Bill from passing into a Law.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Ditto.

A Petition of several Deputy-Lieutenants, Justices of the Peace, Gentlemen, Freeholders, and Tradesmen, of the County of Gloucester, near Bath, was presented to the House, and read; setting forth, That the making Rivers navigable is found by Experience to be advantageous to Trade in general: That a Bill is now depending in the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somerset, navigable; which is committed; and, if it pass into an Act, will be a great Benefit to most Parts of the said Three Countries; and may be a means to breed up Watermen for his Majesty's Service: and praying, That no Obstructions may hinder the said Bill from passing; for that it cannot prejudice any Person; but it is for a general Good to the Subject.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Avon Navigation.

A Petition of several Merchants, Gentlemen, and Tradesmen, of the City of Bristoll, was presented to the House, and read; setting forth, That there is a Bill depending in the House, for making the River Avon in the Counties of Wilts, Gloucester, and Somerset, navigable; which, if passed into an Act, will not only be very advantageous to the Trade of Bristoll, but to Trade in general; and may be a Means to breed up Watermen, who may be serviceable to the Nation: And praying, That the said Bill may pass into a Law.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Ditto.

A Petition of several Gentlemen and Landholders, in the County of Somerset, near Bath, was presented to the House, and read; setting forth, That there is a Bill now depending in the House, for making the River Avon, in the Counties of Wilts, Gloucester, and Somerset, navigable; which Bill, if it should pass as the same now is, will be a great Prejudice and Wrong to the Petitioners: And praying, That they may be heard, to offer their Objections against the Passing of the said Bill.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the said Bill is committed.

Papists Protestant Heirs.

Ordered, That Leave be given to bring in a Bill for preventing Papists from disinheriting their Protestant Heirs: And that Sir John Bolles do prepare and bring in, the Bill.

Alienating Lands in Mortmain.

An ingrossed Bill to enable the King, his Heirs and Successors, to grant Licence of Alienation of Lands in Mortmain, was read the Third time.

And an Amendment was proposed to be made therein, L. * by inserting "Thirty:"

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

Resolved, That the Bill do pass: And that the Title be, An Act to enable the King, his Heirs and Successors, to grant Licence of Alienation of Lands in Mortmain.

Ordered, That Doctor Oxenden do carry the Bill to the Lords, and desire their Concurrence thereunto.

Ease of Jurors.

An ingrossed Bill for the Ease of Jurors, and the better Regulating of Juries, was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the Ease of Jurors, and better Regulating of Juries.

Ordered, That Mr. Whitaker do carry the Bill to the Lords, and desire their Concurrence thereunto.

Oaths of Supremacy.

Ordered, That the ingrossed Bill from the Lords, intituled, An Act for altering Part of an Act, made in the Third Year of his present Majesty and the late Queen, intituled, An Act for the abrogating the Oath of Allegiance and Supremacy in Ireland; and appointing other Oaths; be read the Third Time upon Thursday Morning next.

Bamfeild's Estate.

Mr. Whitaker reported from the Committee, to whom the Bill to enable certain Trustees, therein named, to make, renew, and fill up, Leases of the Estate of Sir Coppleston Warwick Bamfeild, during his Minority; and for laying out the Monies raised thereby, in Purchases, to be settled to the same Uses; was committed; That they had examined and considered the same and the several Petitions referred to the said Committee; and that Mr. Amias Bamfeild did not consent to the said Bill: Which Matter, together with some Amendments, made by the Committee, to the said Bill, the Committee had directed him to report to the House; and he read the same in his Place; and afterwards delivered them in at the Clerk's Table: Where the said Amendments were once read; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

And the Question being put, That the Bill, with the Amendments, be ingrossed;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Sir Walter Yonge,
Mr. Elwell:
82.
Tellers for the Noes, Mr. Tredenham,
Mr. Manly:
117.

So it passed in the Negative.

Leave of Absence.

Ordered, That Mr. Hoblyn have Leave to go into the Country for Three Weeks, upon extraordinary Occasions.

King's Speech to be considered.

Resolved, That this House will, upon Wednesday Morning next, take into further Consideration his Majesty's gracious Speech at the Opening of this Parliament.

Morpeth Election.

Colonel Granville reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Morpeth, in the County of Northumberland, 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; viz.

Upon the Petition of Henry Lumly Esquire, complaining of an undue Election for the Borough of Morpeth, in the County of Northumberland:

The Committee have examined the Merits of that Election.

That, as the Poll was taken, there was,

For Mr. Nicholas 90.
For Sir Hen. Bellasis 51.
For Mr. Lumley 39.

That, at this Town, it was agreed, There had not been any controverted Election before.

That, Mr. Nicholas was agreed to be duly Elected: So that the Question was only between the Petitioner and Sir Henry Ballasys; and That depended entirely upon determining the Right of Election.

That the Petitioner insisted, That the Freemen of the several Crafts of the Borough, being in Number Seven, had an equal Right to vote with the free Burgesses.

That, on the contrary, for the Sitting Member, it was insisted, That the Right was in the Bailiffs and FreeBurgesses only.

That, to prove the Right in the free Brothers (so they call the Freemen of the several Crafts);

They produced a Copy of an Oath taken by the Fullers and Dyers, one of the Seven Crafts; whereby, they swear to be true and faithful to the Town and Borough:

And also, a Copy of ancient Articles, made between the Lord Dacre, Lord of the Manor, and the Burgesses and Commonalty of the Town; whereby, the Seven Crafts are instituted, and many Orders for their Regulation are provided; and particularly, That every Apprentice serving the Space of Seven Years within the said Town, should give, or pay, to the common Hutch, for his said Freedom, 12d.:

By which the Counsel for the Petitioner would infer, That the said free Brothers were Freemen of the Town.

But it appeared to the Committee, That there was a plain Difference, in several respects; viz. The free Burgesses had each of them Two Stints in the Common, more than the free Brothers; and that the free Brothers did not choose either Bailiffs or Constables; nor were ever summoned to choose Parliament-men; only, at Elections, they have appeared, and shouted with the free Burgesses at such Elections.

That, on the other Side, to prove the Right in the free Burgesses;

They produced several Returns of Members to serve in Parliament:

And a Return, 1° Mariæ, was read; which says, The Bailiffs and Burgesses elected.

And it was agreed, That the Returns had been in the said Form to this time:

And called Witnesses; viz.

Edward Thompson: Who said, He had known Morpeth Threescore Years:

Robert Story said, He had known Morpeth Forty-five Years:

Wm. Tate said, He had known Morpeth Forty Years:

And all Three said, That the free Brothers never voted at any Election of Parliament-men; nor have claimed any such Vote.

That it was also proved, That the free Burgesses took an Oath to the Lord of the Manor, which the free Brothers did not; That they, being elected Freemen, and free Burgesses, within the Borough, should be true and faithful to the (fn. (a)) [Lord of the] same; and maintain and defend all the Orders, Privileges, and Customs, belonging to the Town and Corporation.

That the Committee came to these Resolutions; viz.

Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the Borough of Morpeth, in the County of Northumberland, is only in the Bailiffs, and free Burgesses, of the said Borough.

Resolved, That it is the Opinion of this Committee, That Sir Henry Bellasysse is duly elected a Burgess to serve in this present Parliament for the said Borough of Morpeth.

The said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

Berwick upon Tweed Election.

Colonel Granville also reported from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Berwick upon Tweed, as it 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 followeth; viz.

Upon the Petition of Sir Francis Blake, complaining of an undue Election of Mr. Ogle, for the Borough of Berwick upon Tweed.

The Committee have examined the Merits of that Election.

That, upon the Poll, there was,

For Mr. Ogle 106.
For Sir Fra. Blake 103.

That the Right of Election is in the Freemen of Berwick.

The Petitioner objected to Four; viz. William Nelson, Henry Richardson, Robert Watson, and Joseph Bunton; who voted for Mr. Ogle; That they were made free after the Teste of the Writ:

That the Writ was tested the 12th of October; and they were made free the 18th of October:

But that it appeared to the Committee, That, by the Custom of the Borough of Berwick, There are four Quarter Guilds; and they are commonly adjourned for a Fortnight: And that there was a Quarter Guild the 4th of October, and adjourned to the 18th of October; at which time these Four were made free:

It appeared also, That they had a Right for many Years to demand their Freedom; and One had had a Right for many Years, being the eldest Son of a Freeman, and Forty Years of Age:

It was admitted, That these were excepted to at the time of the Poll.

That, to prove these Four, so made free, ought not to be allowed to the Sitting Member;

The Petitioner produced Two Reports from the Committee of Privileges and Elections; One of the 28 Novem. 1° Gulielmi et Mar', of the Election of CliftonDartmouth-Hardnesse; wherein Mr. Booth was the Sitting Member; and Mr. Herne the Petitioner; and that 25 Freemen, that voted for Mr. Booth, not being duly and legally made free, were not allowed to Mr. Booth, as good Votes: And thereupon it was resolved, That Mr. Booth was not duly elected:

That the other was a Report of an Election for the City of York, between Mr. Edward Thompson and Mr. Henry Thompson; whereby it appeared, That 22 that voted for Mr. Edward Thompson, were objected to, because they were made free after the Teste of the Writ: It was also proved, That Mr. Foster, Mr. Watson, Mr. Moor, and another Person, had Right to demand their Freedoms, and would have taken their Freedoms, and voted for Sir Fra. Blake; but Mr. Foster gave it as his Opinion, That it would do Sir Fra. Blake no Kindness, to have them made free after the Teste of the Writ.

That, on the other Side, to prove, That they ought to be allowed as good Votes, having Right to demand their Freedom, was produced a Copy of a Report of an Election for the City of Chester, 2d December 1691, between Sir Tho. Grosvenor and Mr. Leving, Sitting Members; and Mr. Whitley and Mr. Mainwaring, Petitioners; by which it seemed to be allowed, to the Sitting Members, That such as were made free after the Teste of the Writ, being qualified to demand their Freedoms, had a Right to vote:

And a Copy of another Report of an Election for the Borough of Ludlow, 8 Dec. 3° Guliel' et Mariæ, between Mr. Hanmore and Mr. Gower, Petitioners; and Colonel Titus and Mr. Lloyd, Sitting Members; by which it seemed, That the Committee and House were of the same Opinion.

That the Petitioner also excepted to Three others of Mr. Ogle's Voters; viz. Mr. Luke Ogle, Mr. Ralph Gray, and the Lord Pollard; for that though they had a Ticket given them to be Freemen, yet they had not been sworn:

But it appeared, That they had all been entered in the Roll of Freemen, and were always called over with Freemen at Elections; and all in the Roll were taken to have a Right to vote.

That the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That Samuel Ogle Esquire it duly elected a Burgess to serve in this present Parliament for the Borough of Berwick upon Tweed.

The said Resolution being read a Second time, was, upon the Question put thereupon, agreed unto by the House.

A Message from the Lords, by Sir Miles Cooke and Mr. Meredeth:

Mr. Speaker,

Sawyer's Estate.

The Lords have passed a Bill, intituled, An Act to enable Trustees to sell a Messuage, Garden, and Outhouses, in Lincoln's-Inn-Fields, late of Sir Robert Sawyer Knight, deceased; and for purchasing other Lands and Tenements, to be settled to the same Uses: And also,

Wagstaffe's Estate.

A Bill, intituled, An Act to enable Sir Thomas Wagstaffe Knight to raise and secure a Portion for Frances, his only Daughter, and Heir-apparent:

To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Privilege.

Mr. Nanny, according to Order, appearing in his Place;

The Petition of Edward Lord Bishop of St. Asaph, formerly presented to the House, was read; setting forth, That Robert Wynn, Rector of Llaniwllin, in the County of Merioneth, Clerk to the Petitioner, was, in June 1695, outed of his Possession of the said Rectory by Peter Price Gentleman: That, in order to recover the Possession again, the Petitioner, in the Name of Geo. Higgins Gentleman, served Mr. Price with a Declaration in Ejectment; to which he appeared, and pleaded to Issue; but the Petitioner cannot prevail with any Attorney to make out the Record, in regard Hugh Nanny Esquire, a Member of this House, doth protect the said Peter Price, although he is not a menial Servant of Mr. Nannye's: And praying such Redress in the Premises, as shall be agreeable to Justice.

Ordered, That the Consideration of the said Petition be referred to the Committee of Privileges and Elections: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Committee of Privileges.

Ordered, That the Committee of Privileges and Elections do not proceed to the hearing any Cause, relating to Elections, during this Session, after Wednesday come Sevennight.

Private Bills

Ordered, That no more private Bills, but what are now depending, be received during this Session.

Supply.

Resolved, That this House will, upon every Monday, Wednesday, and Friday, proceed in the Consideration of the Supply to be granted to his Majesty.

English East India Company.

A Bill for settling and regulating the East-India Trade was, according to Order, read a Second time.

Resolved, That the Bill be committed to a Committee of the whole House.

Resolved, That this House will, upon Thursday Morning next, resolve itself into a Committee of the whole House, to consider of the said Bill.

East India Stock and Debts.

Ordered, That the East-India Company do, upon Wednesday Morning next, lay before this House an Account, signed, of the real Value of their Stock; and also an Account of their Debts.

Plantation Trade.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of the Bill for preventing Frauds, and regulating Abuses, in the Plantation-Trade.

Mr. Speaker left the Chair.

Mr. Chadwick took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Mr. Chadwick reported from the said Committee, That they had gone through the Bill, and made several Amendments; which they had directed him to report to the House, when the House will please to receive the same.

Ordered, That the said Report be made To-morrow Morning.

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

Footnotes

(a) Supplied from the original Report.