Martis, 15 die Decembris;

8° Gulielmi Tertii.

Prayers.

Warner's Estate.

AN ingrossed Bill, from the Lords, intituled, An Act explaining a former Act of Parliament, intituled, An Act for enabling Trustees to sell Part of the Estate of Edmund Warner, deceased, for Payment of his Debts, and preserving the rest for the Benefit of his Heir, was, according to Order, read a Second time.

Resolved, That the Bill be committed to Sir Sa. Barnardiston, Mr. Whitaker, Doctor Oxenden, Mr. Gardner, Sir Hen. Colt, Mr. Pocklington, Sir Gerv. Elwes, Mr. Watlington, Mr. England, Sir Marm Wyvell, Sir Robert Davers, Sir Ro. Clayton, Mr. Evelyn, Mr. Colt, Sir Robert Cotton, Mr. Gery, Sir Wm. Coriton, Sir Wm. Lowther, Mr. Fuller, Serjeant Bond, Sir Tho. Hussey, Mr. Hammond, Mr. Phillipps, Mr. White, Sir Fra. Masham, Mr. Moyle, Mr. Slater, Mr. Norris, Mr. Hedger, Mr. Campion, Sir Cha. Turner, Mr. Foley, Mr. Mountague, Mr. York, Mr. Stockdale; and all that serve for the Counties of Suffolk and Norfolk: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber: And have Power to send for Persons, Papers, and Records: And it is to be an Instruction to the said Committee, That they do receive Clauses, to preserve the Fines, and other Rights, of Lords of Manors.

Warner's Estate.

A Petition of John Pinks, on behalf of himself, and Alice Crow, Sarah Pinks, and Judith Smallwood, Legatees of Eliz. Pinks, deceased, was presented to the House, and read; setting forth, That Edmund Warner, deceased, was indebted to the said Eliz. Pinks in 100l. principal Money, on a penal Bill; which she devised to the Petitioners: That there is a Bill in the House for explaining a former Act of Parliament for enabling Trustees to sell Part of the Estate of the said Edmund Warner, for Payment of his Debts; which Bill, if it should pass, will, as advised, defeat the Petitioners of their said Legacy: and praying such Relief as the House shall think fit.

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

Ditto.

A Petition of Henry Dawson Gentleman was presented to the House, and read; setting forth, That Edmund Warner, deceased, was indebted to the Petitioner 460l. at the time of his Death; which his Widow and Administratrix refuseth to pay: That there is now depending in the House a Bill for explaining a former Act of Parliament, to enable Trustees to sell Part of the Estate of the said Edmund Warner for Payment of his Debts; whereby, the Petitioner's Debt not being thereby provided for, he will be in danger to lose it; notwithstanding, before the Passing of the said former Act, Mr. Hawes, the Widow's Father, and by whose Consent the said Estate is to be sold, promised the Petitioner, That his said Debt should be provided for by the said Act, though it is not: And praying, That he may be heard before the now Bill pass and that he may be relieved according to Justice.

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

Inrolling Deeds.

A Bill for the more easy acknowledging Deeds in the Country, in order to be inrolled, was read a Second time.

And a Motion being made, and the Question being put, That the Bill be committed;

It passed in the Negative.

Gatton Election.

Colonel Wharton reported, from the Committee of Privileges and Elections, the Matter, touching the Election for the Borough of Gatton, in the County of Surrey, 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 as followeth; viz.

Upon the Petition of John South Esquire, against the Return of Geo. Evelyn Esquire, to serve for the Borough of Gatton, in the County of Surrey:

The Committee have examined the Merits of that Election.

That, for the Petitioner, it was insisted, That the Right of Election was in the Inhabitants, not receiving Alms; and in the Freeholders of the said Borough, having such Freehold in their own Occupation.

That, upon the Poll, the Petitioner, and Sitting Member, had equal Numbers; viz. each had 11 Voices.

But that it was insisted, on behalf of the Petitioner, That several that voted for the Sitting Member were not qualified; and that Four, who had a Right to vote, and would have voted for the Petitioner, were denied to be polled.

That, as to the Right of Election, for the Petitioner, was produced,

Gatton Election.

John Pigeon, Adam Listny, Ben. Shore, John Tanner: Who had been acquainted with the Town for a great many Years, and had been present at several Elections: And they said, The Right of Election was in the Inhabitants of the Town, not receiving Alms; and the Freeholders (fn. 1) [of the Borough], having their Lands in their own Occupation: but could give no Instance, when any Person that received Alms had offered to vote, or been refused.

And it was agreed, That there had been no disputed Election in this Borough but One, when the Lord Haversham, Sir NicholasCarew, and Mr. Turgis, stood: At which Election Mr. Turgis brought some Persons down from London, as having Estates in Nutwood: and the Inhabitants, that were for my Lord Haversham, objected to them, as unknown Persons; but the then Constable returned Sir Nicholas Carew and Mr. Turgis, who the Strangers voted for: That afterwards the Inhabitants petitioned the House of Commons against them; but it came to no Determination.

John Ingram, Clerk, said, He was a Minister of the next Parish; and, by common Report, the Right of Election was in the Inhabitants, and Freeholders having their Lands in their own Occupation: But had been present at no Election but the last.

And, as to the Right of the Four Persons that would have voted for Mr. South, and were refused, they called,

Benjamin Shore, Alex. Dallington: Who said, That Cornelius Alston was an Inhabitant at the time of the Election, and came down in July or August last; and had laid out a great deal of Money upon his House:

That Matthew Scriven was an Inhabitant at the time of the Election, and a Fortnight before:

That William Ticknall was an Inhabitant at the time of the Election, and a Month before:

That James Williams had been an Inhabitant several Years, and had voted before; and has been Churchwarden and Constable.

The Counsel, then, for the Petitioner, proceeded to make good the Voices that had voted for him, and were queried at the time of the Election: And,

Shore and Dallington also testified, That Robert Pepys was an Inhabitant, and received Tythes, and voted formerly:

That Edward Shore is an Inhabitant, and has a Freehold in his own Possession:

That Richard Killick senior hath voted, and bore Office in the Borough:

That Rich. Killick junior, and John Walker, are Inhabitants, and had voted formerly:

That Edward Stevens was an Inhabitant; but newly come to Town:

That Charles Smith had a Freehold of Two Acres of Land, sold to him, by the Lord Haversham, about September last: And Dallington said, He was a Witness to the Deeds; but saw no Money paid for it.

That the Counsel for the Petitioner further proceeded to make their Exceptions to several that voted for the Sitting Member: And,

Ben. Shore said, That he never knew John Wood vote before; nor was he an Inhabitant:

That Ambrose Parker was reputed not to have his Freehold Land in his Possession:

That John Chilman had lett his Freehold Land to Edward Shore:

That Anthony Ainscomb was, about 12 Months ago, absent for about a Quarter of a Year:

That John Beadle lives in a little House just by the great House:

That Gabriel Aynscomb lived in Mr. Turgis's House.

That, for the Sitting Member, it was insisted, That the Right of Election was in the Freeholders of the Borough, and the Inhabitants paying Scot and Lot: And,

Mr. Carew and Richard Jewell, being called as Witnesses, said, That, before the Election, it was agreed by the Candidates, That the Right was in the Freeholders, and the Inhabitants paying Scot and Lot.

Edward Shore said, That he had known Gatton 50 Years; and that the Right was in the Freeholders, and Inhabitants paying Scot and Lot.

Mr. Carew said, That Colonel Thompson pretended to have a Right to vote, by virtue of a Lease from his Father, for a Year, made in May last: And,

That he did not take Cornelius Alston to be an Inhabitant, he renting a House but of 5l. 10s. a Year; and never did give Notice to the Churchwardens, as the Act of Settlement requires:

That he had made out a Warrant for the taking up Scriven and Ticknall, to put them upon finding Security; but they could not be taken:

That Palmer, and Two or Three others, were denied their Votes; because they were exempted from paying to Church and Poor, by reason of their Poverty.

Ainscomb, the Constable said, That he did query Seven of Mr. South's Voters; because they did not pay to Scot and Lot: And believes, None of the Seven, but Pepys, the Minister, voted before:

That he queried Colonel Thompson; because he did not know whether his Father had made any Settlement upon him, or was of Age:

That he queried Tho. Pepys; because, being a Minister, and, not being qualified to be elected, he thought, he could not elect:

That Richard Killick senior refused to pay to Church and Poor:

That John Walker hath but 30 s. a Year Freehold, though he rents Fourscore Pounds a Year:

That Edward Stevens and William Palmes did not pay to Church and Poor:

That Charles Smith had no Estate there, till a little before the Election; being Two Acres, granted to him by the Lord Haversham:

That Cornelius Alston came to Town the Day before Sir John Thompson was made a Lord:

That James Williams lived in One of my Lord Haversham's Houses:

That William Ticknall was no Inhabitant:

That Scriven came to Town about August: And, Jeffrey Chilman said, That Scriven was brought to the Town in August last, by the Lord Haversham; and the Parish had endeavoured to remove him:

That Edward Stevens does not pay Scot and Lot: But said, There had been no Assessment since he came to the Town:

That John Walker never paid Scot and Lot; but had been Overseer of the Poor:

That Williams did pay when he lived in a bigger House; but is now removed into a House that never paid.

Edward Shore said, That Gabriel Aynscomb is an Inhabitant, and rents above 80l. per Ann.:

That Anthony Aynscombe is an Inhabitant, and rents almost as much:

That Ambrose Parker has had a Freehold in his own Occupation ever since Michaelmas last:

That John Chilman is a Freeholder; but Shore hath the Possession of it:

That Beadle hath been an Inhabitant for many Years.

And that, as to John Wood, the Counsel said, That the was a Freeholder: And, for that Matter, appealed to Mr. Turgis, a Member.

And, upon the whole Matter, the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That George Evelyn Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Gatton, in the County of Surrey.

The said Resolution being read a Second time;

Resolved, Nemine contradicente, That the House doth agree with the Committee in the said Resolution, That George Evelyn Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Gatton, in the County of Surrey.

Coinage.

The House, according to the Order of the Day, proceeded to take into Consideration that Part of his Majesty's Speech, which relates to the ill State of the Coin of the Kingdom:

And his Majesty's Speech was read.

And a Motion being made, for a Supply to be granted to his Majesty, for making good the Deficiency in recoining hammered Money, and the Recompence to be given for bringing Plate into the Mints, to be coined;

Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider of that Motion.

Leave of Absence.

Ordered, That Mr. Foster have Leave to go into the Country, his Lady being very ill.

Gwynn's Petition.

A Petition of John Gwynn, John Pritchard, and others, Drovers, in North-Wales, was presented to the House:

And the Question being put, That the said Petition be now read;

It passed in the Negative.

Ways and Means.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply granted to his Majesty, for carrying on the War against France, for the Service of the Year 1697.

Mr. Speaker left the Chair.
Sir Thomas Littleton took the Chair of the Committee.
Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had made a further Progress in the Matter to them referred; and had directed him to move, That they may have Leave to sit again.

Resolved, That this House will, To-morrow Morning resolve itself into a Committee of the whole House, to consider further of Ways and Means for raising the Supply granted to his Majesty, for carrying on the War against France, for the Service of the Year 1697.

Committees.

Ordered, That all Committees be adjourned.

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