House of Commons Journal Volume 12: 17 March 1699

Veneris, 17 die Martii;

Undecimo Gulielmi Tertii.

Prayers.

PHILIP Villerleiu, took the Oaths appointed, in order to his Naturalization.

Moncal's &c. Nat.

The Lord Cornbury reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for naturalizing Mark-Anthony Davesseus de Moncal, and David Loches, 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.

The Bill was read the Third time.

Resolved, That the Bill do pass.

Ordered, That the Lord Cornbury do carry the Bill to the Lords, and acquaint them, That, this House hath agreed to the same, without any Amendment.

Legg's Nat.

Mr. Lowther reported from the Committee, to whom the Bill to naturalize Richard Legg was committed, That they had examined and considered the same; and made several Amendments thereunto; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question thereupon severally put, agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

Westminster Corn Market.

A Bill for a Corn-Market at Westminster was read a Second time.

Resolved, That the Bill be committed to Sir Robert Marsham, Sir Robert Nappier, Colonel Crawford, Sir Robert Cotton, Mr. Chancellor of the Exchequer, Mr. Lowndes, Lord Cornbury, Mr. St. Johns, Major Holmes, Mr. Ash, Mr. Osborne, Captain Blisse, Mr. Drake, Sir Bas. Dixwell, Mr. Crane, Dr. Davenant, Sir Jacob Banks, Mr. Howard, Sir Samuel Barnardiston, Mr. Cooke, Mr. Secretary Vernon, Mr. Freeman, Sir Wm. Coryton, Mr. Cowper, Mr. Dyot, Mr. Knight, Mr. Shackerly, Mr. Montague, Sir Richard Cox, Mr. Carteret, Mr. Pye, Mr. Ryder: And they are to meet this Afternoon, in the Speaker's Chamber, at Five a Clock.

Duty on Leather.

A Petition of the Tanners, Curriers, Skinners, Glovers, Tawers and Dressers of Leather, resorting to the Market holden at the Borough of Pontefract, in the West Riding of the County of York, was presented to the House, and read; setting forth, That the high Duties laid upon Leather, and the great Penalties they are liable unto; and that the Officers appointed to collect the said Duties do oftentimes, instead of informing the Petitioners their Duty touching the said Act, extort great Sums of Money from them; threatening to inflict the Penalties of the said Act, unless they comply with their unreasonable Demands; to the Discouragement of their Trades, and Ruin of their Families: And praying the said high Duties may be taken off, by repealing the said Act.

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

Ditto.

A Petition of the Fellmongers, Leather-dressers, and Glovers, of the Borough of Whitney, in the County of Oxon, with several other Places near about the said Borough, in the same County, was presented to the House, and read; setting forth, That the Petitioners have been in all times famous for the Dressing of Alum-Leather, and Making of Gloves; and thereby, been able to provide for their Families: But, since the Act for laying a Duty on all Leather dressed in Alum, their Trade is very much decayed; and many Families, employed by the Petitioners formerly, are now in Want: And praying Relief in the Premises.

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

Duty on Leather.

A Petition of the Tanners, Glovers, Sadlers, Leathercutters, Curriers, and Shoemakers, residing and inhabiting within the County of Montgomery, was presented to the House, and read; setting forth, That the Duty imposed upon Leather, by the Act made in the 8th and 9th Years of his now Majesty's Reign, hath so impoverished the Leather-Trade, that several of the Petitioners are, for want of Employ, become chargeable to the several Parishes wherein they inhabit: And praying Relief, in such manner as the House shall think most reasonable.

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

Columbiere's, &c. Nat.

An ingrossed Bill from the Lords, intituled, An Act for naturalizing Anthony Columbiere, and others, was read the Second time.

Resolved, That the Bill be committed to Mr. St. John, Admiral Hobson, Lord Cornbury, Mr. Fortescue, Mr. Bridges, Sir Charles Carteret, Mr. Holmes, Mr. Carteret, Mr. Montague, Mr. Trenchard, Mr. Drake, Mr. Mounstevens, Sir Richard Cox, Mr. Gerard, Sir Jacob Banks, Colonel Crawford, Mr. Smith, Major Morgan, Sir Stephen Leonard, Sir Theop. Oglethorp, Mr. Worsley, Sir Bevill Granville, Mr. Hoar, Sir Ja. How, Mr. Duncomb, Sir Jo. Rogers, Mr. Dyot, Mr. Phillips, Mr. Lowther, Mr. Hughes, Mr. Clayton: And they are to meet at Five a Clock this Afternoon, in the Speaker's Chamber.

Carcassonet's, &c. Nat.

An ingrossed Bill, from the Lords, intituled, An Act for Naturalizing of John Francis de Carcassonet, and others, was read the Third Time.

Resolved, That the Bill do pass.

Ordered, That Mr. Gerrard do carry the Bill to the Lords, and acquaint them, That the House hath agreed to the same, without any Amendments.

Claims for Prizes.

A Petition of Archibald Purvis, James Debordes, and Charles Burton, Lieutenants of the Marines, was presented, to the House, and read; setting forth, That they have been at the Taking of several Prizes; and that their several Captains do deny them their Dividends: And praying Relief in the Premises.

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

Recovery of Small Tythes.

Mr. Freeman, according to Order, presented to the House a Bill for continuing the Act for the more easy Recovery of small Tythes: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time, Tomorrow Morning.

Copper Coinage.

Mr. Lowther, according to Order, presented to the House a Bill to prevent the Coining of Farthings and Halfpence for One Year: And the same was received; and read the First time.

Resolved, That the Bill be read a Second time.

Papists Protestant Heirs.

Sir Richard Cocks reported from the Committee, to whom the Bill to prevent Settlements made by Papists from disinheriting their Protestant Heirs was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question thereupon severally put, agreed unto by the House.

A Clause was offered, to be added to the Bill, That no voluntary Settlement, or Will, Fine, Common Recovery, or collateral Warranty, or any Forfeiture, Surrender, or Seizure, in any Copyhold Court, to be made, levied, or suffered, of any Manors, Messages, Lands, or Hereditaments, by any Quaker, after the Day of shall be effectual to deprive or bar any Person, who shall be baptized, or conform to the Liturgy of the Church of England, at their Age of Discretion, such Person being Heir at Law, or entitled to the Reversion; but the same shall be void: And that any Conveyance to be made by any Quaker, for any Consideration less than Parts of the Value of any Lands, Tenements, or Hereditaments, shall be accounted as a Mortgage only; and be redeemable by such Heir at Law, or those in Reversion or Remainder, in like manner as aforesaid:

And the Question being put, That the Clause be read;

It passed in the Negative.

Another Clause was offered, to be added to the Bill, That the Heir of any Protestant, who, since the Restoration of Ch. the IId, hath been educated a Papist, shall be excluded inheriting any Estate in this Kingdom; and that such Protestant Relation or Parent may legally sell, or otherwise dispose of, such Estate to such of their Protestant Kindred as they shall think fit; and such lineal Descent, or former Settlement, shall be null and void:

And the same was once read.

And the Question being put, That the Clause be read a Second time;

It passed in the Negative.

Ordered, That the Bill, with the Amendments, be ingrossed.

Irish Arrears.

Ordered, That Sir Wm. St. Quintin, General Trelawny, Mr. Ireton, be added to the Committee, to whom the Petition of the Soldiers of Colonel Coot's Regiment was referred.

Sedgmore Drainage.

Ordered, That the Report from the Committee, to whom the Bill for opening the ancient Roynes and Watercourses in Sedgmore in the County of Somerset, for rendering the said Moor more healthful and profitable to the Inhabitants, was committed, be made To-morrow Morning.

Half-pay.

A Petition of Captain Francis Sanderson was presented to the House, and read; setting forth, That he hath served in the War, as Captain of Foot, under the Command of Colonel Tidcomb, ever since the Beginning thereof, until he was visited with a violent, lingering Sickness; and agreed, by reason his Majesty's Service should not be neglected, that his Company should be disposed of: And praying, the Premises considered, he may receive a Share of the Bounty designed for disbanded Officers.

Ordered, That the Consideration of the said Petition be referred to the Committee of the whole House, who are to consider further of the Supply to be granted to his Majesty.

Leave of Absence.

Ordered, That Sir Charles Windham have Leave to go into the Country for a Month, upon extraordinary Occasions.

Apprehending Felons.

Ordered, That the Report from the Committee, to whom the Bill for the better Apprehending, Presecuting, and Punishing, of Felons that commit Burglary, or Housebreaking, or Robbery in Shops or Warehouses, was committed, be made upon Tuesday Morning next.

Trent Navigation.

Mr. Pagitt reported from the Committee, to whom the Bill for making the River Trent, in the Counties of Leicester, Derby, and Stafford, navigable, was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.

Ordered, That the Bill, with the Amendments, be ingrossed.

Money in Navy Treasurer's Hands.

Mr. Sergison, from the Commissioners of the Navy, according to Order, presented to the House an Account of what Money, Tallies, and Malt-Tickets are remaining in the Treasurer of the Navy's Hands, of what hath been certified to be received of him for the Service of the Navy, over and above the Assignments made by the Navy-Board; with the Funds the said Tallies are struck upon, and to what Uses the same are directed.

The Title whereof was read:

And the Account is as followeth; viz.

Navy-Office, 17 March 1698.

An ACCOUNT of what Monies, Tallies, and Malt Lottery-Tickets, are remaining in the Treasurer of the Navy's Hands, of what hath been certified to be received by him, for the Service of the Navy, over and above the Assignments made by the Navy-Board; with the Funds the said Tallies are struck upon; and to what Uses the same are directed: Prepared for the Honourable House of Commons, pursuant to their Directions of the 14th Instant.

Note, That what Money is in the Treasurer's Hands for Seamen's Wages, is now paying away to the Ships ordered to be paid off: And that the 60,031 l. Tallies, for the Yards, is newly received; and will be paid to the Workmen as soon as they can be turned into Money.

Ordered, That the said Account do lie upon the Table, to be perused by the Members of the House.

Billingsgate Fish Market.

The House resumed the adjourned Debate, of Yesterday, upon the Clause offered to be added to the Bill for making Billingsgate a free Market for Sale of Fish:

And the Question being put, That the Clause be read a Second time;

It passed in the Negative.

Another Clause being offered, to be added to the Bill, That * * * *

The same was read the First time:

And the Question being put, That the Clause be read a Second time;

It passed in the Negative.

Ordered, That the Bill, with the Amendments, be ingrossed.

Duties on Salt.

Ordered, That Leave be given to bring in a Bill for the better ascertaining the collecting the Duties on Salt, and preventing the ill Practices used to defraud the King of the said Duties: And that Mr. Clark, and Mr. Shackerly do prepare, and bring in, the Bill.

Tamworth Election.

Sir Rowland Gwynn, according to Order, reported, from the Committee of Privileges and Elections, the Matter, as it appeared to the said Committee, touching the Election for the Borough of Tamworth, in the Counties of Stafford and Warwick, 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 Gough, complaining of an undue Election, and Return, of John Chetwynd Esquire to serve for Tamworth:

The Committee have examined the Merits of that Election.

That, upon the Poll, there was,

But the Petitioner's Counsel insisted, That there had been Partiality shewed by the Bailiffs to the SittingMembers.

That the First thing the Committee proceeded upon was, the Right of Election:

That the Petitioner Counsel insisted, That the Right of electing Burgesses was in all such as have Freeholds, or pay Scot and Lot, within the said Borough.

That the Sitting Members Counsel did not agree the Right, denying that Freeholders had any Right.

That the Petitioner, to prove the Right as by them alledged, called several Witnesses;

Mr. Wm. Ashley said, That he had known Elections for Tamworth about 30 Years; and Freeholders were always accepted; and some Freeholders that lived at Wigington have come and voted: But the said Ashley hath been removed from Tamworth Seven Years.

Mr. Thomas Latimer said, That, at the Election, when Sir Thomas Thynne and Sir Andrew Hacket stood, he voted as a Freeholder; he not then paying Scot and Lot, but a Widow living in his Freehold; and that, he remembred, Freeholders, who lived out of Town voted at that Election: And though there was a Contest at that Election, and his Vote objected to by one Allen, then TownClerk, as not paying Scot and Lot; yet he was admitted as a Freeholder: And has heard, that Freeholders voted at the Lord Clifford's Election.

Mr. Backhouse said, He had known Tamworth 30ty Years, and had been at all Elections within that time; particularly at that of Sir Thomas Thynn's and Sir Andrew Hackett's; and that Freeholders were then admitted, though they lived out of the Borough; particularly Mr. Vaughton of Wigington was admitted: And confirmed Mr. Latimer's Testimony, That he was admitted as a Freeholder, though at first objected to, as not paying Scot and Lot: And that, at last Election, there was no Objection to Out Freeholders; but they voted for the Sitting Members, as well as the Petitioner.

Mr. Samuel Buckland testified, That Out Freeholders voted at Sir Thomas Thynn's Election; and named several that then voted, and at other Elections since.

That the Counsel for the Sitting-Members, to answer the aforesaid Evidence touching the Right, first produced the Journal of the House; wherein, 26 Martii 1670. upon the Report of the Election for Tamworth, between the Lord Clifford and Mr. Ferrers, it is resolved, That the Right of Election was in the Bailiffs, and 24 Capital Burgesses, and not in the Populacy.

And called several Witnesses; viz.

Mr. John Vaughton, who had known Elections in Tamworth from the Year 1661: Mr. Fran. Wright, who had lived in Tamworth 51 or 52ty Years: Mr. Chr. Glover, of 70 Years of Age; and was acquainted with the Elections from 1667, inclusive, downwards: Mr. Charles Baynton, who had been acquainted with Tamworth 30ty Years:

Who spake to several Elections, from the Year 1661; and said, That the Right was in the Bailiffs, Capital Burgesses, and Scotters and Lotters; and that the OutFreeholders did not pretend any Right till the Year 1679, when the Lord Waymouth, then Sir Thomas Thynne, stood:

And Glover said, more particularly, That he had Two Landlords, Out-Freeholders, who, though they lived but a Mile off, did not pretend to elect: But at Sir Thomas Thynn's Election, there happened to be one Powell a Bailiff of the Town, who was also Servant to Sir Thomas Thynn; and he admitted all to poll that would: Amongst the rest the Out-Freeholders voted, and have continued to vote since: But they never looked upon them to have any Right; and have been complained of:

And Mr. John Vaughton said, That one Jordan, that was Bailiff with the said Powell, would not sign the Poll at Sir Thomas Thynn's Election, because he thought these Out-Freeholders had no Right.

Mr. Tho' Dilke said, He could not tell whether the Out-Freeholders were polled by the Agreement of the Candidates; but Mr. Chetwyn and Mr. Guy desired their Poll might be taken by themselves; which was done.

Whereupon the Committee came to this Resolution;

Resolved, That it is the Opinion of this Committee, That the Right of Election of Burgesses to serve in Parliament for the Borough of Tamworth is in the Inhabitants paying Scot and Lot, and in such Persons as have Freeholds within the said Borough, whether resident in the said Borough or not.

That the Committee having settled the Right, the Petitioner's Counsel proceeded to disqualify several Persons that had voted for the Sitting Members:

And called their Witnesses; viz.

Mr. Samuell Lee, Mr. Tho. Farmer, Mr. John Backhouse, Mr. Samuell Brickland: One or more of which gave Evidence against Richard Pynor, James Keiling, Wm. Hare, Tho. Orton Shearman, Phill. Needham, Tho. Haydon, Tho. Bateman, and John Vale:

To which Evidence there was no Answer.

That the Evidence against the other Persons was as follows;

That Mr. Guy did not pay Scot and Lot, nor was in any Levy.

That William Cox was a Servant to his Mother; and his Mother was in all the Levies.

That John Smith's Mother owned she was Housekeeper:

But it was acknowleged he was a Butcher, and was in the Poors Levies.

That John Hasledine, Samuell Orton, and Thomas Orton, live in the same House:

But it was acknowleged, by the Petitioner's Witnesses, That Samuell Orton paid Scot and Lot.

That Edmond Taylor and Christopher Wilcox live together; and Wilcox paid to Levies, but Taylor did not.

That George Wright, and one Francis Wright are Inmates to Widow Watkyns: That George was in no Levies before the Election:

But it was acknowleged, That Francis and the Widow did pay to the Levies jointly.

That John Jordan lives with his Father; and he was in no Levies before the Election.

That John Birche's Rent did not commence till Michaelmas after Election, and one More voted for that House.

That the House Samuel Watkyns lived in at the Time of the Election, was but 16s. a Year Rent; and though he was charged to the Constable's Levy, he never paid it.

That Thomas Taylor junior, and Francis Wright, live with Watkyns, in the same House:

Yet acknowleged, That they did pay to the Levies; and the House had been divided Two or Three Years.

That Thomas Vaughton lives in the same House with Arthur Alcock; having but One Door to the Street:

But it was acknowleged, That Vaughton paid Scot and Lot, and kept House.

That Samuel Woodcock, Joseph Woodcock, and Isaac Heath, live all in One House; to which there is but One outward Door, but Two Doors into the Yard; and that Samuell Woodcock was in no Poors Levy till July.

That William Litchfeild lived in the same House with Two others; but was, before the Election, in Constable's Levy for One Peny.

That John Vaughton junior lives in the same House with his Father; and that, a little before the Election, his Father complained, that the said John his Son did not pay to the Levies:

But it was acknowleged, he was in the Poor's Levy before.

That Samuell Adams, and John Osborne Shearman, are Inmates, there being but One outward Door:

But acknowleged, they did pay to one or more Levies.

That George Nock and Robert Smith are both Inmates to Richard Batman:

But believe they were all in One Levy for 1d. or 2d. apiece.

That George Pricard and George Spencer both live in One House, with One Door to the Street:

But acknowleged, both were charged in Levies, though Spencer did not pay in all.

That Thomas Done and Thomas Sadler live in the same House:

But acknowleged, they were both in the Constable's Levies.

That Chr. Hasledine was Inmate to one Mobbes, and lived in the same House; but both paid to Levies.

That Thomas More lived with his Mother:

But it was acknowleged, he was in most Levies.

That Jos. Teate and John Platt live both in One House:

But acknowleged, both were in Levies.

That John Mason and Thomas Danks live both in the same House, but have separate Doors; and think both pay to Levies.

That William Vincent lives with Widow Murray; but is in Levies.

That John Cooper junior lives with a Widow; but pays to the Constable.

That John Macham lives with Mrs Green; but both Macham and Green pay to Levies.

That William Robinson is an Inmate; and he and John Middleton live in the same House, one of one Side the Entry, the other on the other; but both pay to Levies.

That Jos. Williams and Glover both live in One House; but both pay to Levies.

That Richard Ford and Roger Norman live in One House, having but One Door to the Street; that both pay to Levies; however, Norman did not vote.

That Thomas Smith and William Harding junior live both in One House, divided about the Time of the Election; but are in Levies.

That William Fenton lives with Playdon Kelsey in One House; but Fenton paid to Constable's Levy 1d. or 2d.

That John Taylor lived with Thomas Keeling; but both pay to Levies, and receive Charity.

That William Keeling lives in a House with Widow Charity; but both pay to Levies.

That Chr. Hartwell is an Inmate to John Allen; but was in One Levy:

That Francis Wood senior is an Inmate with Mrs. Silvester, and very poor; and believed he was in no Levy since Election;

However, it was acknowleged, That he had been Capital Burgess 20 Years.

That William Piccard lives with his Mother:

But it was acknowleged, both were in Levies; and he Bailiff of the Town this present Year.

That Samuell Membry lived with his Moth and was very poor.

That the Petitioner's Counsel then objected to Four that had polled for the Sitting Members as Freeholders, which were not so:

And the First Person objected to was Mr. Chetwynd, the Sitting Member himself; but he was not insisted on.

That the next Person was Thomas Bateman:

And, as to him, the Evidence was That he was objected to at the time of taking the Poll; and that the Witness had since seen the Deed; which was a Lease for Years, if Bateman should so long live:

That, in June, he heard Mr. Wagstaffe was about selling; and he went to Mr. Wagstaffe about it, who told him, he would: And, Two or Three Days after, Lee met Mr. Wagstaffe, who told him, he had sold it to one Dawes: And that Wagstaffe did not pay Scot and Lot, but Ford the Tenant did:

That the Evidence to the Fourth was only Hearsay.

That the Petitioner's Counsel also insisted, That there had been an Abuse in putting poor People into the Levy for 1d. or 2d. to give them a Pretence for voting:

And as to that, That the Evidence was;

That though John Briggs was in the Constable's Levy for 96 and 97, he did not pay.

That William Proudman was in the Constable's Levy for 1d. but in none other, that he could find.

That John Vate pays 2s. a Year for a Town-House; yet was 2d. or 3d. upon the Constable's Levy, though he did not pay.

That then the Petitioner's Counsel proceeded to disqualify on point of Charity:

And the Evidence to that was;

That John Prine received Mitchell's Charity 96, and Cheadle's in 1697.

That John Browning received Charity in 1696, 1697, and 1698.

That Richard Blyth is put down as an Almsman in the Book of Births and Burials; and lives in a House designed by Mr. Guy for an Alms-house; but was polled because in Constable's Levy.

That Samuell Eggington received Ferrer's Charity, in 1696, Mitchell in 1697, and Gough in 1698; but is in Levies.

That John Drayton received Mitchell 1697, and Gough and Mitchell in 98; but was in Constable's Levy 1d.

That William Boyce received Vaughton's Charity in 1697, and Ferrer's in 1698.

That William Alcock received Ferrer's Charity in 96, Mitchell, 97, and Gough's 98.

That Ralph Keeling, by his own Consession, had received Reppington's Charity Four Years; being 5s. on St. Thomas's Day.

That Richard Eades received Mitchell's Charity, in 1697, and Cheadle's 98.

That John Kay had received Mitchell's Charity, in 97; but believes Kay in Constable's Levy for 1d. or 2d.

That Thomas Meason received Mitchell's Charity in 1697, and Ferrer's in 98.

That Joseph Kelshaw had received Cheadle's Charity in 96.

That Wm. Cock received Ferrer's Charity in 96; Mitchell 98.

That John Milner received Cheadle's Charity for 14 Years:

But it was allowed he was Sexton; and it was in Consideration of his being concerned in the Distribution.

That Will. Fletcher received Ferrer's in 1696; but is in Levies.

That, as to the Adjourning of the Poll, the Petitioner's Counsel called several Witnesses; viz.

Mr. Lee, Mr. Backhouse: Who said, That the Election for Tamworth was in July; and that Elections for Parliament-men there, used always to be determined in One Day; and that this time, though the Petitioner protested against it, and though several Persons, viz. Nock, Thompson, Eggington, Allen, and Gregory, who had a Right to be polled, were present to be polled for the Petitioner, and some of them offered themselves, yet they were not admitted to poll; and that none were present to poll for the Sitting-Members; but the Bailiff, though the Petitioner protested against it, contrary to the Advice of the Deputy Town-Clerk, did, between Five or Six a Clock in the Afternoon, adjourn the Poll till next Morning; when several Persons were admitted to poll for Mr. Chetwynd, Mr. Guy, and the Petitioner:

That, before the Adjournment, the Bailiff's Son broke the Peace, and would shove and hinder those that came for the Petitioner: At the time of the Adjournment, Mr. Chetwynd had not above One Vote before the Petitioner; and that the Bailiff, before he shut up the Books, asked One, or more, Who they were for? And they answering, For Sir Henry Gough, the Bailiff staid a Quarter of an Hour before he adjourned; and then shut up the Books without taking their Poll: And that the Petitioner said, That if he could not be righted, there, he would endeavour to be righted in another Place:

That Shipton, a Man of 100 l. a Year, and had been High Constable, was owned by the Bailiff to have a good Vote till he had declared himself for the Petitioner; and then the Bailiff said, Another had polled for that House:

That one Shakespear, that offered for the Petitioner, was refused; Mr. Chetwynd saying, It was not the right Man: And afterwards his Brother came, and voted for Mr. Chetwynd:

And that Benedict Bell junior, for Sir Henry Gough, next Morning was refused, though in Levy:

And Eggington's Name was set down upon the Poll next Morning, though he did not appear.

Sir Robert Burdett confirmed the former Testimony, as to the Time of the Adjournment; and that Elections at Tamworth used to be determined in One Day.

That then the Sitting-Member's Counsel were heard; who first applied themselves to justify their own Votes: And called,

Mr. Richard Bateman, Mr. John Vaughton, Mr. Tho. Vaughton, Mr. John Allen: One or more of which testified;

That Wm. Cox was a Housekeeper, and paid Scot and Lot in 98, before the Election.

That John Smith paid to the Poor in 97, and 98.

That Samuell Orton has been in all Levies for Twenty Years.

That Thomas Orton paid equal Taxes with his Father; and rented together, from Lady-day last.

That John Hasledine was in all Levies; and, besides, was a Freeholder.

That Edmund Taylor paid to the Poor in April last.

That Chr. Wilcox has been in the Levies many Years.

That as to George Wright and Fran. Wright, the Stock was between them; but believed George's Name in no Levies:

And Francis Wright himself, being examined, said, George had paid Part of the Levy for Nine or Ten Years.

That John Jordan had Part of the Trade with his Father, and pays jointly to the Levies; and is singly charged for a Shop, which he hath had Six or Seven Years.

That John Byrch has paid to the Poors Levy these Twelve Months.

That Samuell Watkyns had paid, or was charged to, the Constable's Levy in 97, and 98.

That Thomas Taylor junior had paid to the Constable's Levy before the Election.

That Thomas Vaughton junior does pay to all.

That Samuell Woodcock was in Constable's Levy a Month or Two before the Election:

That Jos. Woodcock was upon the same Levy, and trades for himself:

That Isaac Heath pays to Church, Poor, and Constable; and he is crossed upon all Levies:

That these Three last live in the same House, but have all distinct Doors within a Court.

That Wm. Litchfeild pays to Constable and Poor; and has been in Levy Six or Seven Years.

That John Vaughton has paid to the Poor Nine Years; and is in the Levy distinct.

That Samuell Adams paid to the Constable several Years before the Election; has seen the Levy crossed.

That John Osborne lives in the same Yard with Adams; but his House is distinct; and he pays to the Constable.

That George Nock and Robert Smith are in all Levies; and their Dwellings are distinct from Bateman's; and they pay their Rent apart.

That George Piccard paid to all Levies till he was Overseer of the Poor.

That George Spencer paid to Constable's Levy in 1697.

That Thomas Done has paid to the Poor for a Year and an Half.

That Thomas Sadler pays to the Constable.

That Chr. Hasledine junior pays to the Constable, and to the Poor.

That Tho. More had paid to the Constable, and Poor, for Twelve Months, and more.

That Jos. Teate pays to the Poor and Constable; and John Platt was for the Petitioner, as well as Mr. Chetwynd.

That John Mason pays to all Levies.

That Thomas Dauks voted for both.

That Wm. Vincent pays to all Levies.

That John Cooper pays to the Constable, and Poor.

That John Meacham pays to Constable, and to the Church.

That Jos. Williams pays to all Levies.

That Glover voted for the Petitioner.

That Richard Ford paid to Poor in 1697.

And Mr. John Vaughton said, That Ford's Name was not interlined when he gave the Levy to Mr. Lee; but it was interlined when he received it back from him.

That Thomas Smith has paid to Poor, or Constables, Two or Three Years; and has been Overseer.

That William Harding has paid to all Levies above Two Years.

That William Fenton has paid to the Constable's Levy 12 Months.

That John Taylor has paid to the Constable's Levy.

That Wm. Keeling paid to the Poor, and Constable, before the Election.

That Chr. Hartwell paid to the Constable, and Poor, before the Election.

That Francis Wood senior is a Capital Burgess.

That Wm. Piccard is the present Bailiff; and pays to all Levies; and a Freeholder.

That Samuell Membury paid to the Church, and Poor, and Constable, before the Election.

That Thomas Wagstaffe was a Freeholder, and had not sold, at the time of Election.

That John Briggs and William Proudman are in Constable's Levies; but cannot say if they have paid.

That John Vale is in Constable's Levy; and is a Freeholder, having married a Coheir.

That the Evidences of the Witnesses produced by the Sitting Member's Counsel, as to such as received Charity, was;

That John Prince pays to the Constable's Levy only.

That John Smith, John Browning, and Richard Blyth, do pay to the Constable's Levy:

But it was acknowleged, that they received Charity.

That Samuell Edgington is a Freeholder.

That John Drayton and Wm. Boyce, though they receive Charity, do pay to Church or Constable's Levy.

That William Latham does pay to all Levies; and did not receive Charity before Election.

That William Alcock receives Charity.

That Ralph Keeling paid to Farmer's Levy; and is a Freeholder.

That Richard Eades and John Kay pay to Constable.

As to Thomas Mason, no Defence.

That John Kelsham pays to Constable.

That William Cock pays to Constable, and Church.

Acknowleged that John Milner has monthly Bread.

That Wm. Saunders does receive Charity.

That then the Counsel for the the sitting Member insisted, That 75, that had voted for the Petitioner, had no Right to vote; whereof,

Luke Allen, John Ballard, Roger Ball, Jos. Bodell, Jacob Dester, Tho. Lewis, John Maseden, Tho. Pynor, Ben. Swift, John Toft, John Adams, Tho. Pynor, Tho. Becke, Wm. Keen, Wm. Wilcox, Cha. Wilcox, were given up by the Petitioner:

That, as to the rest, the Evidence was as follows; by Richard Batman, Tho. Vaughton, John Vaughton, Cha. Baynton, Arth. Cole, Tho. More: One or more of which testified,

That Benedict Bell received Mitchell's Charity in 97.

That John Garnet receives Bread in the Church; but was Clerk, and in the same Circumstances with Milner.

That William Haslehurst received Vaughton's Charity in 97.

That Thomas Robinson senior, Tho. Robinson junior, and Robert Taylor received Mitchell's in 97.

That Fran. Woodcock received Vaughton's in 97, and was a poor Man:

But acknowleged to be One of the Serjeants.

That Humph. Allen was in the Levy:

But William Thompson, at the Election, said, He had taken the Estate, and paid the Arrears; and Thompson was admitted for the same House.

That Edward Drayton was out of Town Four Months before the Election; and no Freeholder.

That Robert Gregory is in no Levy, nor Freeholder.

That Job Whiston was in no Levy at the Election, nor Freeholder.

That, as to Inmates, it was acknowleged;

That Arthur Alcock pays to Church, Poor, and Constable.

That William Adams is no Housekeeper, but lodges up and down:

But acknowleged he did pay to Levy.

That John Betts does pay to Levy.

That Richard Ballard, Dauks, John Fleming, George Glover, and John Gilbert, are Inmates; but pay to One or more Levies.

That Isaac Heath and Samuel Hasledine live in a back Yard; but pay to Levy.

It was acknowleged, That John Kendall and William Keen are in Levies.

That Francis More was no Housekeeper at the Election, but lived with Banks; but was charged in Levy about 1d. for a Shop about 8s. a Year.

That John Matchett is an Inmate.

That John Platt lives in a back Yard;

But acknowleged to live in a House by himself; and to pay to Church and Constable.

That John Seale is a Tabler.

That George Uby rents Two or Three Rooms; Tables; but is in Constable's Levies.

That Edward Woodcock is an Inmate; but in Levy; and his Dwelling divided some Years; and Two Doors to the Street.

That John Wilcox was a Tabler at the Election, and in no Levy.

That there was Evidence offered;

That Thomas Egginton junior was a Minor: Which was by producing a Certificate, That his Sister was baptized on 31th Day of December 1676; and a Witness said, That Thomas Eggington junior was born about a Year and a Half after:

That John Willington was only a Trustee for his Sister; and so owned himself at the Poll.

That Edward Vaughton was seized of a small Tenement, in Trust, with one Shipton, for Mary Vaughton's Daughters; and both were refused as Trustees.

That Cumberford Brookes and Mr. Cook voted for Mr. Chetwynd, and the Petitioner.

That William Sparry, and another, are Freeholders, to the Value of between 10s. or 20s. a Year; and it was never voted for, before.

That, as to the Persons, that by the Petitioner's Witnesses, were present before Poll closed, and not admitted to poll;

John Vaughton said, That Egginton demanded to be polled after the Books were shut up, but before they were sealed:

But Batman said, No Person demanded to be polled till the Books were sealed; and then Eggington offered to be polled.

John Vaughton, Richard Batman, said, That Thomas Pynor had been refused, an Hour or Two before the Books were shut up, as paying to no Levy:

That Tho. Nock was not in the Court, that they see, at all.

That William Thompson was not present at the Adjournment, but was polled next Morning; and that, when the Books were shut up, at Night, Mr. Chetwynd was Two before the Petitioner:

That though Humph. Allen was in all Levies, yet Thompson entered about Lady day, and paid the Arrears:

That Robert Gregory was in no Levy, and no Freeholder; and very poor; and did not offer to poll:

That Thomas Barlow has no Freehold; did not pay before the Election; nor offer to be polled:

That Shipton offered to vote; and the Bailiff refused him, because another, that pretended Right, had polled for the same House, as a Freeholder:

That Shakespear, the elder Brother, was admitted as a Freeholder; and believes the younger did tender, after the elder Brother had polled for the same thing.

That, as to the Adjournment of the Poll, the SittingMember's Counsel called several Witnesses; viz.

John Vaughton, Captain Dilkes, Mr. Richard Batman, Mr. Cha. Baynton, Mr. Tho. More: The Substance of whose Evidence was, That the Poll began about Eleven a Clock in the Morning; that the Bailiff and Recorder were both ancient Men; and that the Bailiff having not dined, was quite tired about Six o'Clock; and that, at the Request, and by the Advice, of the Recorder, as well as for his own Ease, about Six a Clock, after Three Proclamations in the Hall, and at the Market-cross, adjourned the Poll till next Morning, not knowing but there might be more to poll: And that, at the Time of the Adjournment of the Poll, many were not drunk; and there was a great Disturbance, and particularly by several who were Friends to the Petitioner, who quarrelled:

And Batman and More said, None demanded to be polled till the Books were shut up, and sealed; and they heard no Objection (fn. 1) [to the Adjournment] of the Poll.

That the Sitting-Member's Counsel then proceeded to some Irregularity: And,

John Vaughton said, That Mr. Mainwaring, a Bailiff to my Lord Weymouth, threatened Christopher Osborne, that if he would not vote for the Petitioner, he should not hold his Lord's Land.

Thomas Tebb said, That he being under an Arrest, the Day before the Election: Cumberford Brookes, who was an Agent, and solicited Votes for Sir Henry Gough, promised him 20s. towards his Discharge, if he would vote for the Petitioner; and thereupon he voted for the Petitioner; which otherwise he would not have done: And that, next Morning, he received the Money of one Wilcox, by Brookes, Order:

But acknowleged he put his Hand to a Note about Brookes, but could not further tell the Contents:

That he thought the Money was given, but 'tis now demanded of him.

Baynton and Vaughton said, That Brookes was an Agent, and sollicited Votes for Sir Hen. Gough.

That, as to Treating;

William Vincent said, That one Mousley, Agent for the Petitioner, asked him several times for his Vote for the Petitioner; and, about 10 Days before the Election, he sent for Ale, and treated him, and several others, with Ale, to the Value of 2s. 4d. or 2s. 6d.; and said, it was on the Petitioner's Account.

Thomas More said, He had borrowed 5 l. of John Shepherd, Two Months or more before the Election: That Shepperd asked him for his Vote for the Petitioner; and More saying, He could not be for him, Shepperd replied, Then, before God, I will sue you: And that he, the said More, did not vote for the Petitioner; and, accordingly was sued.

That the Petitioner's Counsel did not think it necessary to answer any thing, as to Treating: But, to justify the Petitioner's Votes that were excepted to, they called several Witnesses; viz.

Samuel Lee, * Backhouse, Tho. Farmer: Who said, That Benedict Bell lives by himself; and was in Constable's Levy in 97:

Jacob Dester was given up:

That John Garnet is Clerk of the Church; is in Levies; and receives Bread only in relation to his Place:

That William Haslehurst is in Levies:

That Thomas Robinson senior is a Freeholder, and has been called as such at the Court-Leet:

That Thomas Robinson junior is in the Constable's Levy in 1697:

That Robert Taylor is in the Constable's Levy:

That Francis Woodcock receives Bread, as Serjeant; but, he believes, also receives Vaughton's and Mitchell's Charity:

That Charles Wilcox is also Serjeant:

That Humph. Allen is in all Levies; and Allen had a Crop upon the Land after Thompson entered:

That Edward Drayton is a Magistrate, and in all Levies; and Freeholder;

That Robert Gregory's Landlord did pay for him at the Time of the Election:

That Job Whiston's House was charged in another's Name; but Whiston paid a Month before the Election; and his Name in Levy since:

That John Machet paid to Church in 1697:

That John Seale paid to Poor in June and July 1698.

That John Willington, Edward Vaughton, and Shipton, are called in Court as Freeholders:

That, as to Tebb's 20 s. Mr. Lee said, That Tebb owed his Sister-in-law 5 l. or 6 l. and she employed him to sue the said Tebb; and that he had lost several Processes upon him; and that Mr. Brookes, understanding Tebb was now in Town, had writ to him, to ask him for it.

That the Petitioner's Counsel, at last, quitted all Pretence of Exception to Mr. Guy's being duly elected.

And that, upon the whole Matter, the Committee came to these Resolutions;

Resolved, That it is the Opinion of this Committee, That Thomas Guy Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Tamworth.

Resolved, That it is the Opinion of this Committee, That John Chetwynd Esquire is not duly elected a Burgess to serve in this present Parliament for the Borough of Tamworth.

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

The 1st Resolution being read a Second time;

An Amendment was proposed to be made therein, by leaving out "and in such Persons as have Freeholds within the said Borough, whether resident in the said Borough, or not:"

And the Question being put, That the said Words stand Part of the said Resolution;

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

Resolved, That the House doth agree with the Committee in the said Resolution, That the Right of Election of Burgesses to serve in Parliament for the Borough of Tamworth is in the Inhabitants paying Scot and Lot; and in such Persons as have Freeholds within the said Borough, whether resident in the said Borough, or not.

The 2d Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Thomas Guy Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Tamworth.

The 3d Resolution being read a Second time;

And the Question being put, That the House do agree with the Committee in the said Resolution, That John Chetwynd Esquire is not duly elected a Burgess to serve in this present Parliament for the Borough ........

The House divided.

The Noes go forth.

So it was resolved in the Affirmative.

The 4th Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That Sir Henry Gough is duly elected a Burgess to serve in this present Parliament for the Borough of Tamworth.

Ordered, That the Clerk of the Crown do attend this House To-morrow Morning, to amend the Return for the said Borough of Tamworth, by rasing out the Name of John Chetwind Esquire, and inserting the Name of Sir Henry Gough Knight, instead thereof.

Committees.

Ordered, That all Committees be revived.

Making Militia more useful.

Resolved, That this House will, upon Wednesday Morning next, resolve itself into a Committee of the whole House, to consider of the Bill for making the Militia of this Kingdom more useful.

Claims for Prizes.

Ordered, That the Report from the Committee, to whom the Petition of Captain Crow, relating to Prizes, was referred, be taken into Consideration upon Wednesday next, after the said Committee of the whole House.

Suppressing Lotteries.

Ordered, That the Bill to suppress the Royal Oak Lottery, and all other Lotteries, be read To-morrow Morning.

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