House of Commons Journal Volume 12: 22 December 1698

Jovis, 22 die Decembris;

10° Gulielmi Tertii.

Prayers.

Minehead Election.

A PETITION of John Sandford Esquire, together with the Constable, and several of the principal Inhabitants, of the Borough of Minehead, in the County of Somerset, on the behalf of themselves, and divers others, was presented to the House, and read; setting forth, That the Majority of legal Electors of Burgesses to serve in this Parliament for the said Borough declared, They would choose the Petitioner Sandford; but, by Bribes, Treating, other undue Means of Jacob Banks Esquire, a Foreigner, and his Agents, he procured himself to be chosen, and returned; contrary to the Law; and prejudicial to the Privileges of the said Borough: And praying Relief in the Premises.

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.

Dunwich Election.

A Petition of Sir Henry Johnson Knight was presented to the House, and read; setting forth, That the Petitioner was chosen a Burgess to serve in this present Parliament for the Borough of Dunwich, in the County of Suffolk, by the Majority of legal Electors; but Sir Robert Rich, and Henry Heveningham Esquire, by corrupt Practices, and procuring the Bailiff and Recorder, to refuse divers qualified Voters for the Petitioner, and admitting others unqualified to vote against him, have gotten themselves returned as duly elected; and the Petitioner was denied a Scrutiny of the Poll: And praying the House to appoint some Day for hearing the Matter of the said Election.

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.

Preventing Export of Corn, &c.

Ordered, That it be an Instruction to the Committee of the whole House, to whom the Bill to prohibit the Exportation of Corn, Meal, and Bread, for One Year, is committed, That they have Power to receive a Clause, or Clauses, for the Ease of Persons in carrying Corn to Market from the Isle of Wight, and other Places, into this Kingdom; and Coastwise.

Distillation from Corn.

Mr. Lowndes, according to Order, presented to the House a Bill to prohibit the Distilling of Spirits, and low Wines from Corn; and to prevent Frauds in Distillers: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Preventing Export of Corn, &c.

Ordered, That it be an Instruction to the Committee of the whole House, to whom the Bill to prohibit the Exportation of Corn, Meal, and Bread, for One Year, is committed, That they have Power to receive a Clause for enabling his Majesty, if he shall think it for the Service of the Nation, within the Year, to give Leave to export Corn.

Ailesbury Election.

A Petition of Richard Heywood, and others, Inhabitants of the Borough of Ailesbury, in the County of Bucks, in behalf of themselves, and divers others, Inhabitants of the said Borough, was presented to the House, and read; setting forth, That at the last Election of Members to serve in Parliament for the said Borough, divers illegal Practices were used in behalf of Sir Tho. Lee, One of the sitting Members, and Simon Mayne Esquire; by which a Majority of Votes was procured for Sir Tho. Lee, who was thereupon returned, in Prejudice of the Petitioners: And praying Relief in the Premises.

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: And that they do hear the Matter of the said Petition at the same time the Matter of the former Petitions, relating to the said Election, is, by the said Committee, appointed to be heard.

Lepell's Nat.

Mr. Boyle, according to Order, presented to the House a Bill for naturalizing Peter Lepell: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Westminister Election.

Sir Rowland Gwyn, according to the Order of the Day, reported from the Committee of Privileges and Elections, the Matter of the Election for the City of Westminster, upon the Petition of Sir Henry Dutton Colt, as it appeared to the 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 Sir Henry Dutton Colt Baronet, complaining of an undue Election, and Return, of the Right Honourable James Vernon and Charles Mountague Esquires to serve for Westminster:

That the Petitioner's Counsel allowed the Sitting Members to have a great Majority upon the Poll: But they insisted, that there had been several Irregularities in the Election; and likewise that Mr. Mountague, at the time of the Election, was not qualified to be elected.

And, as to the Irregularities; they called, Mr. Smith Clerk of the Peace, Mr. Tho. Ball, Mr. John Meard, and Mr. Geo. Mills:

By whose Evidence it appeared, That a Paper was tendered to the Grand Jury, by the Foreman, in the Nature of a Presentment, by which they recommended the Sitting Members as Persons of great Parts, Worth, and Loyalty, and the most sit Persons to serve in Parliament for Westminster: But there were no Threats, or Promises, made use of to prevail upon any of the Grand Jury to sign it; and Four of them refused to do it: That the same was afterwards presented to the Justices in Sessions:

And Ball said, the Foreman told the Jury, it came from the Bench:

But Mr. Meard, the Foreman, said, That a Glover, One of the Four that had refused, afterwards told him he had signed it, but that Sir Henry had engaged him to the contrary: And another, that lived at the Sun Tavern in Piccadilly, said, He refused it as living in the same Parish with the Petitioner, and it might hinder his Trade; but afterwards wished he had signed it:

And Meard further said, That he did not receive any Directions from the Justices concerning the Presentment; but himself ordered it to be wrote:

Mr. Meard also said, That, after their making the said Presentment, several of the Justices, and Jury, went to Mr. Mountague's House; they missed of him, but met with Mr. Vernon, and made it their Request to him to stand; but did not carry the Presentment with them.

That, to another Point, the Petitioner's Counsel called, Matthew Evans, Timothy Dolben, Mich. Gillingham, Edward Collier, John Boswell, Wm. Giles, John Wodburn, James Dando, Samuel Sturt, and John Jeffryes:

Who said, They were in Tuttle-fields at the time of the Election; and that there were great Disorders in the Field: That a Party of Horse, that appeared for the Sitting Members, broke in upon many Persons on Foot for Sir Hen. Dutton Colt, and trod some down; (fn. 1) [and drove] others into a great Ditch; and wounded several others; particularly one Gill, who died, about Three Weeks since, of the Bruises he there received.

Gillingham said, That Captain Dent ordered the HorseGrenadiers to pull off their Housings, and ride, as Housekeepers, in coloured Cloaths; and Serjeants Hedley, Chitham, and Barton, were there under Dent's Command; and that Jennings, a Corporal of Horse-Grenadiers, knocked down Seven or Eight with a Broom-staff.

Westminster Election.

Giles and Woodburne said, That one in a gold-laced Scarlet Coat, like an Officer, rode up to Sir H. Dutton Colt, and held a Pistol at him; and swore there would be Murder, if he did not depart out of the Field:

And Giles said further, That the said Person, being asked what he had to do there? said, His Business was to bring his Men on and off.

Boswell said, That they beat a Man under a Cart; and did threaten to shoot him, till he cried out A Mountague and Vernon.

Woodburn said, Being a Soldier, he was commanded by Harding to poll for Mountagu and Vernon; but answered, He did not pay to Church and Poor; yet owned, he polled for Sir Henry Colt.

Dando said, That Taylor, the Messenger, knocked him down; for which, afterwards, he received of him a Guinea, for Satisfaction.

And Jeffries said, That Gibbons and Ferryman, and others, with Whips and Sticks, struck and lashed several of Sir Henry Dutton Colt's Party.

Several of the Witnesses said, That one Party was led by Jennings, who had no Vote; but was followed by Hollingworth and Meers, and several others; some with Broomsticks, and others, with Sword and Pistols, on Horseback; and the Horses were large, like Soldiers or Coach Horses; and that Sir Henry Dutton Colt's Men were assaulted without Provocation that they see; only it had been reported, that Cards and Dice had been thrown up, and Sand and Dirt thrown.

Dolben, the Surgeon, said, He had Three of the wounded under his Hand: And,

Samuel Sturt, another Surgeon, said, He had Seven under his Care; One of which was for the Sitting Members.

Jeffries testified, That he heard Mr. Argus say, That Mr. Mountague had procured Tom of Westminster to be given to the Parish.

Matthew Rogers said, It was reported, That a Door in the Park would be opened; and it was gained by Mr. Mountague's Means.

Then, as to the Point of Treating; they called,

Thomas Woolly, Tho. Stroud: Who said, That they were sent for by Brown a Messenger, and one Bateman, to a Publick-house that one Wade kept, and asked to vote for the sitting Members; and there eat Lamb, and drank; and that Brown and Bateman paid the Reckoning.

Stroud said also, That several were treated at the Ship Tavern, Westminster; and with Coffee, and strong Waters: But could not say it was by Order of the Sitting Members, or that they paid for it.

Peter Wade said, Brown and Bateman were at his House Three several times, and sent for several Neighbours, and desired them to vote for the Sitting Members: That one time they bespoke a Shoulder of Veal; but he, not knowing them, did not provide it; so they had some cold Lamb: And Brown and Bateman paid; and the Reckoning came to 17d.

Jeffryes said, That Ferryman told him, He had 3s. 6d. given him for his Horse.

John Nelthrop said, That George Eades asked him to come to his House, and eat some Bacon; and said they would go in a Body, and vote for the Sitting Members.

As to Threatenings; the Petitioner's Counsel called,

William Spratt: Who said, That Mr. Justice Tully asked One, where he was going? Who answered, To vote for Sir Henry Dutton Colt; and Mr. Tully gave him a Touch on his Shoulder with his Cane, and bid him go about his Business; and told him he had better not go.

As to the Poll; the Petitioner's Counsel called,

Trianor Baldwyn, who took the Poll for the Petitioner: Said, That, a little before the Close of the Poll, the Petitioner desired the Poll might be adjourned for an Hour, because he expected a great many in the Afternoon; but it was denied: Yet Baldwyn acknowleged, there were none to be polled at the time of closing the Poll; and acknowleged, there had been about Seven or Eight Proclamations for Persons to come in before it was closed; That, after the Poll was over, he went, by Sir Hen. Colt's Order, to the Bailiff for his Book; but the Bailiff did not then deliver it to him; but said, He should have it when the other Candidates had theirs.

And, to that Part of the Petition that said, Mr. Mountague was not qualified;

The Petitioner's Counsel explained themselves, That it was in relation to his being One of the Lords Justices; and had signed a Proclamation for prorogoing the Parliament.

For the Sitting Member, were called,

Mr. Edward Martin, Mr. Tho. Moody, Mr. Tho. Stone, Sir Talbot Clark, and Mr. Fox: Who said, They were all in Tuttle-fields at the time of the Election, and that the Disturbance first began by the Petitioner's Party throwing Dirt, and Sand, and Cabbage stalks, and striking the Horses, without any Provocation: That the Sitting Members were at a great Distance; and gave no Encouragement to the Disturbance.

And Sir Talbot Clark particularly said, That, presently after he came into the Field, a Black, which he believes belonged to Sir Henry Colt (because he hath seen him follow Sir Henry's Chair) with 2 or 3 more, struck his Horse over the Nose, and beat him off his Horse; and beat his Man; and Sir Henry said, Go on, go on: And that he did not see any Violence before the Petitioner's Party began it.

And Mr. Fox said, He had known Elections for 25 Years; and it was usual, upon these Elections, for the ordinary People to make Disturbance; who come in, in an insolent Manner, and fright the Horses; and that, formerly, Sir Gilbert Gerrard and Mr. Owen were fain to be carried off, upon a Disturbance occasioned first by their own Party.

As to the Poll; the said Mr. Fox, who took the Poll, said, He would say it was the fairest that had been taken in his Time, and there was no Partiality shewn of either Side; That all Persons were let indifferently to the Bar to poll, and there was no Threatening or Browbeating of the Petitioner's Voters; and, for the greater Conveniency of Gentlemen, they were let into the Court, and polled for the Sitting Members, and Petitioner, alternately: That it was a Quarter past 2 when the Poll was closed; and 16 Proclamations were made before the same was closed: That, for several Proclamations before, there came in only One Man at the 3d Proclamation, to keep the Poll on Foot: That the Reason why the Head Bailiff did not presently deliver the Petitioner's Clerk his Poll-Book, was, because the Candidates were first to meet, and agree the Seals; the Poll-Books having been sealed up upon every Adjournment: That, upon casting up the Books, they all agreed; and there were,

That the Sitting Members Counsel would have called more Witnesses as to the Poll; but the Committee were satisfied without it.

Thereupon, the Counsel withdrew, desiring a Gentleman of the House to acquaint the Committee with his Knowlege in relation to the Bell and Clock-house:

Which, when the Counsel were withdrawn, Mr. Lowndes did.

And the Committee, having considered of the Petitioner's Counsel's Objection to Mr. Mountague's Election, as One of the Lords Justices, came to the following Resolutions; viz.

Resolved, That it is the Opinion of this Committee, That Charles Mountague Esquire is duly elected a Citizen to serve in this present Parliament for the City of Westminster.

Resolved, That it is the Opinion of this Committee, That James Vernon Esquire is duly elected a Citizen to serve in this present Parliament for the City of Westminster.

Resolved, That it is the Opinion of this Committee, That the Petition of Sir Henry Dutton Colt is frivolous, vexatious, and scandalous.

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

Resolution against Foreigners voting.

Resolved, Nemine contradicente, That no Alien, not being a Denizon, or naturalized, hath any Right to vote in Elections of Members to serve in Parliament.

Ordered, That it be an Instruction to the Members who are to prepare the Bill for qualifying of Members to sit in Parliament; and further Regulating of Elections; That they do bring into the said Bill a Clause, or Clauses, pursuant to the said Resolution.

Penryn Writ.

Mr. Secretary Vernon, being chosen a Citizen for the City of Westminster; and also a Burgess for the Borough of Penryn, in the County of Cornwall; made his Election to serve for the City of Westminster.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the said Borough of Penryn, in the room of the said Mr. Vernon.

Totness Writ,

Sir Edward Seymour, being chosen a Citizen for the City of Exeter; and also a Burgess for the Borough of Totness; in the County of Devon; made his Election to serve for the City of Exeter.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the said Borough of Totness, in the room of the said Sir Edward Seymour.

Agmondesham Writ.

The Lord Cheine, being chosen a Knight of the Shire for the County of Bucks; and also a Burgess for the Borough of Agmondesham, in the said County; made his Election to serve for the said County of Bucks.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the said Borough of Agmondesham, in the room of the said Lord Cheine.

Storkbridge Writ.

George Pitt Esquire, being chosen a Burgess for the Borough of Wareham, in the County of Dorset; and also a Burgess for the Borough of Stockbridge, in the County of Southampton; made his Election to serve for the said Borough of Wareham.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the said Borough of Stockbridge, in the room of the said Mr. Pitt.

Newport Writ.

The Lord Cutts, being chosen a Knight for the County of Cambridge; and also a Burgess for the Borough of Newport, alias Medena, in the County of Southampton; made his Election to serve for the County of Cambridge.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the said Borough of Newport, alias Medena, in the room of the said Lord Cutts.

Grampound Writ.

John Tanner Esquire, being chosen a Burgess for the Borough of St. Germains, in the County of Cornwall; and also for the Borough of Grampound, in the said County; made his Election to serve for the said Borough of St. Germains.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the said Borough of Grampound, in the room of the said Mr. Tanner.

Eastloe Writ.

Charles Trelawney Esquire, being chosen a Burgess for the Borough of Plymouth, in the County of Devon; and also for the Borough of Eastloe, in the County of Cornwall; made his Election to serve for the said Borough of Plymouth.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for electing a Burgess to serve in this present Parliament for the said Borough of Eastloe, in the room of the said Mr. Trelawny.

Disbanding the Army.

Ordered, That the Bill for the speedy and effectual Disbanding of the Forces in England and Ireland be read a Second time To-morrow Morning.

Preventing Export of Corn, &c.

Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider of the Bill to prohibit the Exportation of Corn, Meal, and Bread, for One Year.

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