House of Commons Journal Volume 11: 25 November 1695

Lunæ, 25 die Novembris;

Anno Septimo Gulielmi Tertii.

Prayers.

Members take Oaths.

THE House, being sat, proceeded in the taking the Oaths appointed; and making, repeating, and subscribing, the Declaration: And all such of the Members who attended, and had not already taken the Oaths, and made and repeated, and subscribed, the Declaration, did now do the same.

Vesting Interests in Judgments.

A Bill to vest the Interest in Judgments, and other Securities assigned, in the Assignees, was read the First time.

Resolved, That the Bill be read a Second time.

Grand Committees.

Ordered, That the Grand Committee for Religion do sit every Tuesday, in the Afternoon, in the House.

Ordered, That the Grand Committee for Grievances do sit every Thursday, in the Afternoon, in the House.

Ordered, That the Grand Committee for Trade do sit every Saturday, in the Afternoon, in the House.

Ordered, That the Grand Committee for the Courts of Justice do sit every Friday, in the Afternoon, in the House.

Committee of Privileges.

Ordered, That a Committee of Privileges and Elections be appointed of the Persons following, viz. Mr. Boyle, Sir Gilbert Clark, Mr. Solicitor-General, Mr. Phil. Foley, Mr. Clark, Sir Chr. Musgrave, Sir Boucher Wray. Sir Robert Davers, Mr. Nicholas, Mr. Sanford, Mr. White, Sir Phil. Butler, Sir Wm. Drake, Mr. Denton, Mr. Chancellor of Exchequer, Mr. Parker, Sir John Bolls, Serjeant Bond, Lord Ashley, Mr. How, Lord Cornbury, Lord Digby, Sir Henry Goff, Sir Henry Goodrick, Mr. Stonehouse, Mr. Gray, Mr. Bohun, Mr. Comptroller, Mr. Culliford, Mr. Hamond, Mr. Freke, Mr. Hedger, Doctor Oxenden, Mr. Chr. Mountague, Mr. Thornhagh, Mr. Vernon, Sir Tho. Day, Mr. Slater, Sir John Lowther, Mr. Stanly, Sir Edward Abney, Lord Marquis Winton, Mr. Bromley, Mr. Moyle, Mr. Shackerly, Mr. Smith, Mr. Colt, Mr. Sayers, Mr. Sandys, Sir Wm. Cooper, Mr. Newport, Sir Wm. Ashurst, Sir John Thompson, Mr. Chase, Lord Coningsby, Mr. Kinaston, Mr. Molesworth, Mr. Gardner, Mr. Stockdale, Colonel Austin, Mr. Tho. Foley senior, Sir Math. Andrews, Sir Fra. Winington, Mr. Taylor, Mr. Venables, Mr. Tho. Foley junior, Sir Henry Hobart, Mr. Denz. Onslow, Mr. Moore, Mr. Heveningham, Mr. Whittacre, Mr. Done, Sir John Austen, Mr. Rich. Vaughan, Major Beake, Mr. Winington, Mr. Burdet, Sir Sam. Grimston, Mr. Henly, Mr. Ayslaby, Mr. Finch, Mr. Travers, Mr. Cooper, Mr. Harley, Mr. Price, Mr. Kendall, Sir Rich. Onslow, Sir Robert Howard, Mr. Verney, Sir Robert Rich, Mr. Baldwyn, Sir Tho. Taylor, Serjeant Wogan, Mr. Edw. Harley, Lord Pawlet, Lord Spencer, Mr. Morgan, Mr. Egerton, Mr. Hoar, Sir Rich. Temple, Mr. Yates, Mr. Bridges, Sir Wm. Hustler, Mr. Monson, Alderman Thompson, Sir Robert Cotton, Mr. Pocklington, Sir S. Barnardiston, Mr. Staynes, Sir Roger Puleston. Sir Fra. Massam, Mr. England, Sir Wm. Williams, Mr. Fuller, Mr. Dolben, Mr. Lowther, Mr. Booth, Colonel Perry, Sir Gerv. Elwes, Mr. Mansell, Mr. Cha. Windham, Mr. Irby Mountague, Mr. Freke, Mr. Mawdit, Mr. Norris, Sir Geo. Markham, Sir Robert Clayton, Lord Hide, Mr. Randall, Mr. Ja. Mountague, Sir Edward Ayscough, Mr. Austen, Mr. Hen. Mountague, Mr. Foot Onslow, Mr. Papillon, Mr. Thompson: And they are to meet upon Wednesday next, at Three a Clock in the Afternoon; and sit every Friday, Monday, and Wednesday, in the Afternoon: And all that come are to have Voices: And they are to take into their Consideration all such Matters as shall or may come in question, touching Returns, Elections, and Privileges; and to proceed upon double Returns, in the first Place; and to report their Proceedings, with their Opinions therein, to the House, from time to time: And all Persons that will question Returns, are to do it in Fourteen Days next; and so within Fourteen Days after any new Return shall be brought in: And the Committee is to have Power to send for Persons, Papers, and Records, for their Information: And all Members who are returned for Two or more Places, are to make their Elections by this Day Three Weeks, for which of the Places they will serve; provided there be no Question upon the Return for that Place: And if any thing shall come in question, touching the Return, Election, or Matter of Privilege, of any Member, he is to withdraw during the time the Matter is in Debate.

Libellous Publications.

Resolved, That it be an Instruction to the Committee, That the Committee do inquire into the Authors and Dispersers of Libels, and scandalous Papers, upon Persons, who have served as Members in Parliament, for what they said or did the last Parliament.

Double Returns.

Ordered, That all Members, returned upon Double Returns do withdraw till their Returns are determined.

Hearing Counsel.

Ordered, That it be also an Instruction to the Committee, That they do admit but Two Counsel of a Side, to be heard in any Cause before them.

East Grinstead Election.

A Petition of the Right Honourable Lyonell Earl of Orrery, Baron of Broghill, in the Kingdom of Ireland, was presented to the House, and read; setting forth, That the Petitioner was duly chosen a Burgess for the Borough of East Grinsted, in the County of Sussex, to serve in this present Parliament; notwithstanding which, the Bailiff of the said Borough, refusing to admit of several good Votes for the Petitioner, hath returned Sir Thom. Dyke and John Conyers Esquire, as duly elected: And praying the Consideration of the House 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.

East Grinstead Election.

A Petition of Spencer Compton Esquire was presented to the House, and read; setting forth, That, on the 19th of November instant, the Petitioner was duly chosen a Burgess to serve in this present Parliament for the Borough of East Grinsted, in the County of Sussex; but John Jenner, Bailiff of the said Borough, hath arbitrarily returned Sir Tho. Dyke and John Conyers Esquire as Burgesses, though the Petitioner had the Majority of legal Electors that voted for him: And praying the Consideration of the House in the Premises; and to do therein as to them shall seem meet.

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 Opinions therein, to the House.

Avlishnry Election.

A Petition of Simon Mayn Esquire was presented to the House, and read; setting forth, That at the Election of Burgesses to serve in this present Parliament for the Borough of Aylisbury, in the County of Bucks, Sir Tho. Lee, Baronet, James Herbert Esquire, and the Petitioner, stood Candidates: That the Petitioner ought to have been returned as a Burgess with Sir Tho. Lee, they having the Majority of the Inhabitants who voted for them, and have Right to vote; and most of the Persons that voted for Mr. Herbert have received Alms, or do not pay to Church and Poor, and therefore have no Right to vote in any Election; yet, by many undue Practices, before, and at, the Election, Mr. Herbert procured himself to be returned as one of the Burgesses for the said Borough, in Wrong of the Petitioner: And praying, That he may be restored to his Right by the Justice of the House.

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.

Tregony Llection.

A Petition of Sir Joseph Tredenham Knight was presented to the House, and read; setting forth, That the Petitioner was duly elected one of the Burgesses to serve in this present Parliament for the Borough of Tregony, in the County of Cornwall; but that Hugh Wolrige, Mayor of the said Borough, hath unjustly and arbitrarily returned the Honourable Francis Robarts and James Mountague Esquires to serve in this present Parliament: That several of the Burgesses, who had declared their Intentions to vote for the Petitioner, were prevailed with, by Bribery and Menaces, to give their Votes for Mr. Roberts and Mr. Mountague at the Election; notwithstanding which, the greatest Part of legal Electors voted for the Petitioner: And praying, That he may be admitted to his Seat in Parliament, as Burgess for the said Borough; and such further Justice in the Premises, as to the House shall seem meet.

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.

Ditto.

A Petition of Seymour Tredenham Esquire was presented to the House, and read; setting forth, That the Petitioner was duly elected a Burgess to serve in this present Parliament for the Borough of Tregony, in the County of Cornwall, notwithstanding which, the Mayor of the said Borough hath unjustly returned Francis Robarts and James Mountague Esquires as Burgesses: That several of the Burgesses, who had declared their Intentions to vote for the Petitioner, were prevailed with, at the Election, by Bribery and Menaces, to give their Votes for the said Mr. Roberts and Mr. Mountague, as the Petitioner is ready to prove: And praying the House to take the Premises into Consideration, and to do therein as they shall think fit.

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 Opinions therein, to the House.

Surry Election.

A Petition of Edward Harvey Esquire was presented to the House, and read; setting forth, That at the Election of Knights of the Shire for the County of Surry to serve in this present Parliament, Sir Richard Onslow, Denzill Onslow Esquire, and the Petitioner, stood as Candidates to be elected; and the Petitioner had the Majority of Voices of such as had Right to poll; and ought to have been returned as one of the Knights of the Shire, together with the said Sir Richard; but the High Sheriff of the said County hath returned the said Denzil Onslow, in Wrong to the Petitioner: And praying the Consideration of the House 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.

Clitheroe Election.

A Petition of Thomas Stringer Esquire was presented to the House, and read; setting forth, That at the last Election of Burgesses to serve in this present Parliament for the Borough of Clitheroe, in the County of Lancaster, Christopher Lister, Ambr. Pudsey, Esquires, and the Petitioner, stood as Candidates; and the Petitioner ought to have been returned as one of the Burgesses; but the Bailiff of the said Borough, who refused to poll several of the Burgesses that would have voted for the Petitioner, hath returned the said Mr. Pudsey with Mr. Lister, to the Wrong of the Petitioner, and several of the Burgesses: 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.

Hertford Election.

A Petition of Robert Cecill Esquire was presented to the House, and read; setting forth, That at the Election of Knights of the Shire for the County of Hertford to serve in this present Parliament, Sir Tho. Pope Blount, Tho. Halsey, Ralph Freeman, Esquires, and the Petitioner, stood as Candidates: That the Sheriff hath returned Sir Tho. and Mr. Halsey, though the Petitioner had a greater Number of legal Votes than Mr. Halsey; which is in Wrong to the Petitioner: And praying the Consideration of the House, and 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.

Morpeth Election.

A Petition of Henry Lumley Esquire was presented to the House, and read; setting forth, That Geo. Nichols Esquire, and the Petitioner, were duly chosen Burgesses to serve in this present Parliament for the Borough of Morpeth, in the County of Northumberland; yet one of the pretended Bailiffs of the said Borough hath returned the said Mr. Nichols and Sir Henry Bellasis, in Prejudice of the Petitioner's Right: And praying the Consideration of the House 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 Roger Wood and John Bence Esquires was presented to the House, and read; setting forth, That the Petitioners were duly elected Burgesses to serve in this present Parliament for the Borough of Dunwich, in the County of Suffolk, by a Majority of the Freemen within the said Borough; who are the rightful Electors: And the Petitioners were duly returned by an Indenture under the Common Seal of the said Borough, executed by the present Bailiffs; which was delivered to the High Sheriff of the said County: That the Sheriff refuseth to annex to his Return the said Indenture; but hath annexed another Indenture, without the Common Seal, made by Persons who are no Bailiffs; whereby he hath returned Sir Robert Rich, and Henry Heveningham Esquire, as duly elected: And praying, That the Indenture, by which the Petitioners are returned, may be annexed to the Writ; and that they may be admitted to sit in Parliament.

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.

Blechingly Election.

A Petition of George Evelyn Esquire was presented to the House, and read; setting forth, That the Petitioner was chosen one of the Burgesses to serve in this present Parliament for the Borough of Blechingly, in the County of Surrey, by the Majority of the Burgesses; but the Bailiff of the said Borough hath returned Maurice Thompson Esquire, instead of the Petitioner; to his manifest Injury: And praying the Consideration of the House 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.

Sandwich Election.

A Petition of John Thurbarn, Serjeant at Law, was presented to the House, and read; setting forth, That the Petitioner was duly elected one of the Barons of the Cinque-Ports, to serve in this present Parliament for the Port of Sandwich, in the County of Kent; and, as such, ought to have been returned; but Edward Brent and John Taylor Esquires have prevailed with the Mayor of the said Port, to return them as Members for the said Port; though they, or either of them, were not duly chosen; And praying the Consideration of the House, and 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.

Berwick upon Tweed Election.

A Petition of Sir Francis Blake Knight was presented to the House, and read; setting forth, That at the Election of Burgesses to serve in this present Parliament for the Town of Berwick upon Tweed, Ralph Grey Esquire, the Petitioner, and Samuel Ogle Esquire, stood as Candidates; where many undue Practices were used to procure Votes for Mr. Ogle; though the Petitioner had the Majority of such who were duly qualified to vote; but the Mayor of the said Town, who is Brother-in-law to Mr. Ogle, hath returned Mr. Ogle with Mr. Grey, when he ought to have returned the Petitioner with Mr. Grey; to the great Wrong of the Petitioner: And praying the Consideration of the House therein.

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.

Limington Election.

A Petition of John Pitt and William Clark Esquires was presented to the House, and read; setting forth, That, on the 20th of October last, the Petitioners were duly elected Burgesses to serve in this present Parliament for the Borough of Limington, in the County of Southampton, by the Majority of the legal Electors; but the Mayor of Lymington hath unjustly returned John Burrard and Thomas Dore Esquires: And praying, That the House will take the Premises into Consideration.

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.

Southwark Election.

A Petition of Sir George Meggot Knight was presented to the House, and read; setting forth, That the Petitioner, Anthony Bowyer, and Charles Cox, Esquires, were Candidates at the Election of Members to serve in this present Parliament for the Borough of Southwark, in the County of Surry; which Election began the 23d of October last, and continued, by several Adjournments, until the 28th Day of the same Month; during which time, the Petitioner and his Friends were riotously assaulted, and wounded, to their great Discouragement, by the Agents and Managers for Mr. Bowyer and Mr. Cox: That William Eyre Esquire, Bailiff of the said . . . . . committed many unjust Practices; by employing dishonest Clerks, who polled several, Four or Five times over, and Four, and Five, out of one House; by denying a Scrutiny, though the Petitioner demanded it; by closing the Poll, sooner than he promised to do, when the Petitioner's Friends were absent; by making Three hasty Proclamations, contrary to the known Custom of the Kingdom; and many other Devices, which he used; by which means, the Petitioner lost the Election; to his manifest Wrong: And praying, That he may be admitted to make out his said Complaint; and that he may have such Redress as the House shall think meet.

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.

Ludlow Election.

A Petition of Francis Lloyd Esquire was presented to the House, and read; setting forth, That * * * *

East Grinsted Election.

A Petition of many of the Burgesses and Inhabitants of the said Borough of East Grinsted was presented to the House, and read; setting forth, That the Petitioners duly chose the Right Honourable Lyonell Earl of Orrery to be one of their Burgesses for this present Parliament; but the Bailiff of the said Borough, denying to several of the Petitioners their Right of Election, hath unjustly refused to return the said Lord Orrery; and hath returned Sir Thomas Dyke Baronet, and John Conyers Esquire, as Burgesses: And praying, That the House will take the Premises into Consideration, and do therein as to them shall seem meet.

Ordered, That the said Petition do lie upon the Table.

Newport Writ.

The Lord Cutts, being elected a Knight of the Shire 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 said County of Cambridge.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for the 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.

Nottingham Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for the electing a Burgess to serve in this present Parliament for the Town and County of Nottingham, in the room of Charles Hutchinson Esquire, deceased.

Gloucester Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ, for the electing a Knight of the Shire to serve in this present Parliament for the County of Gloucester, in the room of Sir John Guise Baronet, deceased.

Pembroke Writ.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ to the present Sheriff for the County of Pembroke, for the electing of Members to serve in this present Parliament for the said County, and the Town of Pembroke; the former Sheriff dying after the former Writ was delivered to him, and before the Execution thereof.

Regulating Elections.

Ordered, That Leave be given to bring in a Bill or Bills for the better Regulation of Elections of Members to serve in Parliament: And that Sir William Williams and Sir John Bolles do prepare, and bring in, the same.

Printing the Votes.

Ordered, That the Votes of this House be printed.

Ordered, That Mr. Speaker do peruse the Votes, and appoint the same to be printed: And that no other Person do presume to print the same.

New Motions.

Ordered, That no new Motion be made after One a Clock.

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