House of Commons Journal Volume 10: 1 December 1691

Martis, 1 die Decembris; 3° Gulielmi et Mariæ.

Prayers.

Defaulter at Call, excused by illness.

THE House was acquainted, That Nicholas Glyn, Esquire, a Member of this House, who was ordered to be committed to the Serjeant at Arms for not attending the Service of the House, is very ill; and so has been for some time; and that the same is so certified by the Mayor of Bodmyn his Physician.

Ordered, That the said Mr. Glyn have a Month's time given him to come up to attend the Service of the House.

Putt's Estate.

An ingrossed Bill from the Lords, intituled, An Act to enable the Executors and Trustees of Sir Tho. Putt, Baronet, deceased, to lease several Messuages, Lands, Tenements, and Hereditaments, during the Minority of Sir Tho. Putt, Baronet, Son and Heir of the said Sir Tho. Putt, towards the Payment of Five hundred Pounds apiece Legacies to his Three Sisters, Margaret, Ursula, and Susanna Putt, as also the Debts of the said Sir Thomas Putt the Father, was read the Third time.

Resolved, That the Bill do pass: And that the Title be agreed to.

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

Mathewes' Jointure.

An ingrossed Bill from the Lords, intituled, An Act for settling a Jointure upon Jane the Wife of Colonel Edward Mathewes, Daughter of Sir Tho. Armstrong, deceased, was read the Second time.

Resolved, That the Bill be committed to Sir Sam. Bernardiston, Mr. Blowfeild, Mr. Chetwyn, Sir Matth. Andrewes, Mr. Gwyn, Mr. Piggot, Sir Francis Blake, Sir John Moreton, Mr. Slater, Sir Jerv. Elwes, Colonel Godfrey, Sir Rob. Davers, Lord Pawlet, Major Vincent, Sir Cha. Raleigh, Mr. Biddulph, Mr. Christie, Sir Tho. Bernardiston, Sir John Dorrell, Mr. Colt, Mr. Granville, Mr. Waller, Mr. Hutchinson, Mr. England, Mr. Cooke, Mr. Owen, Mr. Ash, Mr. Clerke, Mr. Henley, Mr. Blowfeild, Mr. Arnold, and all the Members that serve for South Wales: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.

Tythe of Hemp and Flax.

A Bill for the encouraging the Sowing of Hemp and Flax, was read the Second time.

Resolved, That the Bill be committed to Sir John Dorrell, Sir Sam. Bernardiston, Mr. Colt, Lord Falkland, Sir Robert Davers, Mr. Ash, Mr. Slater, Mr. Ogle, Lord Digby, Sir Edw. Hussey, Mr. Gwyn, Mr. Willmott, Mr. Bromley, Mr. Foley, Sir Jervas Elwes, Mr. Robinson, Mr. Blowfeild, Sir Jonath. Jennings, Mr. White, Sir Fran. Blake, Sir John Carew, Sir Wm. Honeywood, Sir Edw. Philips, Sir Wm. Yorke, Sir Ralph Dutton, Mr. Waller, Sir Tho. Bernardiston, Mr. England, Major Beake, Mr. Shackerly, Mr. Fuller; Mr. Phil. Foley, Colonel Granville, Sir Tho. Hussey, Mr. Hutchinson: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber.

Royal Mines.

The Lord Digby according to Order, presented to the House a Bill for the explaining a Proviso touching Royal Mines, in the Statute made in the First Year of their Majesties Reign, intituled, An Act for Repeal of the Statute of 5 Hen. IV. against the multiplying Gold and Silver: And the same was received.

Aulnage Duty.

A Bill for transferring the Collection of the Duty of Aulnage to the Custom-house, and giving a Recompence to the Crown for the same, was read the Second time.

Resolved, That the Bill be committed to Sir Rob. Davers, Lord Marquis Worcester, Sir Rob. Cotton, Mr. Chetwyn, Mr. White, Mr. Onslow, Sir Cha. Bloys, Mr. Champneyes, Sir Ralph Dutton, Mr. Wilmot, Sir Tho. Darcy, Mr. Lewis, Mr. Gwyn, Sir Rob. Henley, Sir John Barker, Sir Rich. Onslow, Mr. Slater, Sir Christopher Musgrave, Mr. Goldwell, Mr. Ash, Sir Sam. Bernardiston, Sir Walter Young, Mr. Blowfeild, Mr. Cooke, Mr. Fuller, Mr. Herbert, Mr. Clarke, Sir Jos. Tredenham, Sir Wm. Cooke, Mr. Colt, Mr. Biddolph, Mr. Osbourne, Sir Fran. Blake, Sir Jerv. Elwes, Sir Fran. Vincent, Sir Tho. Mompesson, Mr. Hawtry, Mr. Fenwick, Sir Fra. Massam, Mr. Henley, Mr. Chadwick, Mr. Cooke, Mr. Travers, Mr. Mayne, Sir Rob. Rich, Mr. Christie, Mr. Burdet, Mr. Brereton, Mr. Musgrave, Mr. Cary: And they are to meet this Afternoon at Four of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records: And it is to be an Instruction to the Committee, That they hear the Lord Cornbury, as to his Right; and consider of a Clause on his Behalf.

Ditto.

A Petition of George Hase, and others, was read; setting forth, That they, being Makers of Worsted Stuffs in Norwich, have been strangely oppressed by the Farmers of the Duty of Aulnage, in their Demands and Seizures, for want of Payment of Duties by them imposed: Which, by a Committee of this House, the last Session, was declared to be illegal; and that the said Worsted and Norwich Stuffs were not liable, by any Law, to the Payment of the Duty or Subsidy of Aulnage: And the House thereupon ordered, That Leave be given to bring in a Bill to regulate the Abuses of Aulnage in general: Whereupon the Aulnagers ceased to collect the Duty for above Twelve Months: But then, taking the Advantage of an Interval of Parliament, they again demanded and made Seizures for the Duty: 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 to whom the Bill for transferring the Collection of the Duty of Aulnage to the Customhouse, and giving a Recompence to the Crown for the same, is committed.

Denbigh Election.

Ordered, That Wm. Williams, Esquire, have Leave to withdraw his Petition, and the Petition of the Inhabitants of Denbeigh, touching the Election for the Borough of Denbeigh.

Woollen Manufacture.

Mr. Herbert, according to Order, presented to the House a Bill for the better Improvement of the Woollen Manufacture: And the same was received.

Settlement of the Poor.

A Bill for the better Explaining of Two former Acts for the Settlement of the Poor, was read the First time.

Resolved, That the Bill be read a Second time.

Chippenham Election.

Mr. Serjeant Trenchard, according to the Order of the Day, reports from the Committee of Privileges and Elections, to whom the Matter touching the Election for the Borough of Chippenham in the County of Wilts, was referred, the State of the Case, as it appeared to the Committee: The which he delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

That, upon the Petition of Sir Humphry Edwyn, complaining of an undue Return of Sir Bazil Firebrass to serve for the Borough of Chippenham;

That the Right of Election appeared to be in the Occupiers of certain ancient Houses, called Free Houses, or Burgage Houses; of the Names of which Persons, both Men and Women, a Register has been used to be kept in the said Town.

So that the Question was, Whether the Sitting Member or the Petitioner had the Majority of those Freemen, or Occupiers of those Burgage Houses.

That the Election was on the Ninth December: And, on the Eighth December, one Wm. Hobbs came, and demanded of the Town Clerk a List of such Persons as had a Right to elect: Which List the said Hobbs produced.

That Wm. Hobbs, Gabriell Gouldney, Wm. Scott, and Gabriell Norreyes, testified, That the List was delivered by the Town Clerk, and agreed to by the Bailiff and Burgesses.

And Gouldney delivered in a Poll: Which he said he had taken for his own Satisfaction:

And said, That, of those in the List delivered by the Town Clerk, Sir Bazill Firebrass had Fifty-two; and Sir Humph. Edwyn Fifty-six.

That, on Behalf of the Sitting Member, was produced Thom. Webb, Town Clerk; Mr. Lord, the then Bailiff: Who testified, That a Common Hall was called to agree the Electors: But, several Objections being made of both Sides, the Bailiff ordered, That a List should be given of all that claimed a Right; and afterwards, should be submitted to a Scrutiny.

That, the Poll being ended, a Scrutiny was demanded; and the Bailiff agreed to be the proper Judge.

That, upon the Scrutiny, Four that voted for Sir Humphry; viz. Wm. Russell, John Jones, Henry Short, and John Starr: were disallowed, as not being Householders: And. they being struck out, the Numbers, upon the Poll, were thus;

For Sir Baz. Firebrass 53.

For Sir Humph. Edwyn 52.

That thereupon the Petitioners endeavoured to justify those Votes; and called Mr. Hobbs: Who said, Russell had voted in Four Elections: That Jones had voted in Two or Three Elections: And that Short had been called to vote in Two or Three Elections: But himself refused to vote:

And endeavoured to disqualify the following Voters for Sir Bazill.

That Mr. Hobbs, and Mr. Scott, testified, That Rolls lived with his Daughter;

That Wiltshire lived with his Father;

That Power lived with his Mother;

That Nash lived with his Mother;

That West lived with his Mother;

That Barnes lived out of the Town;

That Lake, the Vicar, did not live in any free House;

That Gurgevill came in the Night before the Election;

That Hebb lived in a Stable;

That Fisher rented a free House; but lived in a House that was not free:

That the Votes of the first Four, struck out at first by the Bailiff, were disqualified, as not Housekeepers, by the said Lord, Webb, and Chappell.

That Webb and Chappell likewise testified, That the other Persons objected against by the Petitioners were Householders; so that That Matter seemed to depend upon the Credit of the Witnesses: Only as to Gurgevill, the Question was, Whether he had a legal Possession; it being said, He came in but the Night before the Election: But he continued for a Quarter of a Year after; and Lippit, that had been in before him, had been in but a Week.

That there was also other Evidence; viz.

That Chappell and Hodges testified, That Sir Hum. Edwyn had promised to give Hobbs a good Place; and that he was engaged to give him his Vote: And that Sir Hum. came into Gage's House, and saluted his Wife, and put a Guinea into her Hand; and promised Gage next Opportunity, he should be a Gauger: And thereupon Gage promised to do his Business: And that, after the Election, Sir Humfry bid his Man give Serle some Money: Which his Man did accordingly.

That Robert Taylor, a Boy of Nineteen or Twenty Years of Age, is His Uncle had Thirty Shillings to vote for Sir Humphry.

That for the Petitioner was called

* Barnes: Who testified, He heard his Father say, That Ady promised him Forty Shillings to vote for Sir Bazill Firebrass; and that Ady was Sir Baz. Agent.

And Farr said, He heard Barnes say, That Ady gave him Money to vote for Sir Baz. Firebrass.

That the Sitting Member called Ady, to speak to that Matter of his giving Money to vote for Sir Baz. Firebrass: But that it was objected to by the Petitioner.

And that, upon the whole Matter, the Committee came to a Resolution: Which Mr. Serjeant Trenchard read in his Place; and afterwards, delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That Sir Baz. Firebrass is duly elected a Burgess to serve in this present Parliament for the Borough of Chippenham in the County of Wilts.

The said Resolution being read a Second time;

And the Question being put, That the House doh agree with the Committee in the said Resolution;

The House divided.

The Noes go forth.

So it passed in the Negative.

Then the Question being put, That Sir Humph. Edwyn is duly elected a Burgess to serve in this present Parliament for the said Borough of Chippenham;

It passed in the Negative.

Resolved, That the late Election of a Burgess to serve in this present Parliament for the Borough of Chippenham in the County of Wilts, in the room of Richard Kent, Esquire, deceased, is a void Election.

Ordered, That Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ for the Election of a Burgess to serve in this present Parliament for the Borough of Chippenham in the County of Wilts, in the room of Richard Kent, Esquire, deceased.

Aldborough Election.

Mr. Serjeant Trenchard also reports from the said Committee of Privileges and Elections, to whom the Matter touching the Election for the Borough of Alborough in the County of Suffolke was referred, the State of the Case, as it appeared to the Committee: The which the delivered in at the Clerk's Table: Where the same was read; and is as followeth;

That upon the Petition of Sir Edward Turner, complaining of an undue Return of William Johnson, Esquire, to serve for Aldbrough in the County of Suffolke;

The Question was, Whether the Right of Election was in the Freemen resient within the said Borough of Aldborough only, or in the Freemen at large.

For that it was agreed, That if the Right was in the Freemen resient within the said Borough, then the Petitioner was elected: If in the Freemen at large, then the Sitting Member was elected.

That, for the Petitioner, it was insisted, That Alborough was a Borough by Prescription; and was first incorporated 1° Edw. VI^ti: And produced the Charter of Edward VI^ti; and a Paper, whereby Eleven of those nonresient Freemen had subscribed, not to have the Advantage of the Marshes, Quoy, or Causeway belonging to the said Town.

That, for the Sitting Member, it was insisted, That Alborough was a Corporation by Prescription; and that Thomas Wall, who was produced as a Witness by the Petitioner testifying, That non-resient Freemen had voted in other Elections of Burgesses to serve in Parliament; and that thereupon the Committee came to this Resolution: Which Mr. Serjeant Trenchard read in his Place; and afterwards, delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Resolved, That it is the Opinion of this Committee, That Wm. Johnson, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Aldbrough, in the County of Suffolke.

The said Resolution being read a Second time;

Resolved, That the House doth agree with the Committee in the said Resolution, That William Johnson, Esquire, is duly elected a Burgess to serve in this present Parliament for the Borough of Aldbrough in the County of Suffolke.

Oath of Supremacy in Ireland.

Sir Thomas Clarges reports from the Committee appointed to prepare Reasons to be offered at a Conference, for the disagreeing with the Lords to the Amendments made by their Lordships to the Bill for abrogating the Oath of Supremacy, in Ireland, and appointing other Oaths, That the Committee had prepared Reasons accordingly: Which he read in his Place; and afterwards, delivered in at the Clerk's ....: Where the same were twice read; and agreed unto by the House; and are as followeth;

1. The House of Commons intending by this Act to preserve the English Government, and Protestant Religion, in Ireland, have especially therein provided against the Practising of Barristers, Clerks in Chancery, Attornies, and Practisers of Law, of the Romish Religion there; who have been at all times great Enemies to the Crown of England, and the Protestant Religion therein, and constant Fomenters, Raisers, and Actors, in Rebellion against them, and more especially in the late Rebellion against their present Majesties; and by the Influence they will thereby have upon the Popish Inhabitants, who are much more numerous than the Protestants in Ireland, if they are admitted to have their Professions, will be always apt and ready to disturb the Peace of the Kingdom; and the Establishment of the Protestant Religion there.

2. Barristers at Law, of the Romish Religion, have been frequently admitted to practise in Ireland, by virtue of the King's Letters, without qualifying themselves, as others of that Profession in that Kingdom.

3. That the Act, intituled, An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown, not making any express Mention of the Kingdom of Ireland, the Commons thought fit to secure the Benefit of this Act to it, against all Pretences to the contrary.

Conference with Lords.

Resolved, That a Conference be desired with the Lords, upon the Amendments made by their Lordships to the Bill, intituled, An Act for the abrogating the Oath of Supremacy in Ireland, and appointing other Oaths.

Ordered, That Mr. Roberts do go to the Lords; and desire the said Conference.

Mr. Roberts reports from the Lords, That the Lords do agree to a present Conference, in the Painted Chamber.

Ordered, That the Committee who prepared the said Reasons, do manage the said Conference.

And the Managers went to the Conference accordingly: And being returned;

Sir Thom. Clarges reports from the Conference, That the Managers had attended the same; and given the Lords their Reasons, Why they do not agree with the Lords in the Amendments to the said Bill.

Publick Accompts.

Mr. Foley, according to the Order of the Day, presented to the House, from the Commissioners for taking the publick Accompts, a Book of the State of the Incomes and Issues of the publick Revenue, from the Fifth Day of November 1688, to Michaclmas 1691, with their Observations thereupon: Which he read in his Place; and afterwards, delivered in at the Table: Where the same were read.

Resolved, That this House will, upon Thursday Morning next, at Ten a Clock, take into Consideration the said State and Observations; and nothing to intervene.

Members ordered to attend.

Ordered, That all the Members of the House do then attend the Service of the House, upon Pain of incurring the Displeasure of the House.

Ordered, That no Member do take the said Book out of the said House.

Leave of Absence.

Ordered, That Sir Fran. Massam have Leave to go out of Town for Three Days, to attend the Funeral of a near Relation.

Making Saltpetre.

Ordered, That Mr. Travers, Mr. Elliot, Mr. Godolphin, Sir Fra. Drake, Sir John Parsons, Mr. Randall, Mr. Prideaux, Mr. Brewer, Mr. Whitley, Mr. Neale, Mr. Perry, Mr. Courtney, Mr. Harcourt, be added to the Committee to whom it is referred to prepare and bring in a Bill for the making of Saltpetre here in England.

Committees.

Ordered, That all Committees be adjourned.

Ways and Means.

Resolved, That this House will, upon Friday Morning next, at Ten a Clock, resolve itself into a Committee of the whole House, to consider of Ways and Means for raising the Supplies to be granted to their Majesties, for the carrying on a vigorous War against France.

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