Veneris, 9o February, 18o Jacobi.

Sunday.

..... moveth for reading the Bill of the Sabaoth.

L. 1. An Act for Punishment of divers Abuses on the Sabaoth-day, called Sunday.

Recusants.

Sir Jo. Bennett moveth, the Sub-committee, for Recusants, may presently retire into the Committee Chamber.

Freedom of Speech.

Sir James Perrott: - That the Sub-committee, for Freedom of Speech, may tender their Endeavours to the general Committee this Afternoon.

Members to be sworn.

Sir Tho. Rowe: - That a Course may be taken, to try, whether all Members of the House be sworn.

Lord Candish: - That hard to discern, at the swearing, who truly took the Oath, and who not.

Mr. Price: - That none will receive the Communion, that will not take the Oath.

Sir Wm. Strowde, accordant.

Sir War. Hea/e: - That the Clerk may produce the Names of those, which he hath, that were sworn; and all those which appear there not to be sworn, may be sworn again.

Sir Rich. Bulwer -

Sir Wm. Cope: - To have the Names of such delivered privately in, as suspected; and they to take it again.

Mr. Alford: - Not to press any to receive the Communion ; some, peradventure, not in Charity.

Sir Tho. Wentworth, contra. - Not fit for any to serve here, that not in Charity.

Sir Wm. Herberte: - To have the Parties designed -

Sir James Perrott: - For some to be nominated, that may take View of the Particulars of the Books.

Sir Francis Barrington, accordant.

Mr. Dr. Gooch concurreth with Mr. Price.

Sir Francis Goodwyn: - Sithence some have not taken it at all, others in Shew, but not really; to have all sworn over again.

Mr. Pawlett: - To have all sworn again, and the House to be called.

Upon Question, the House to be called over; and every Man to take over the Oath again.

Sir H. Fane: - To have the Question put over again.

Sir Bap. Hickes: - That, for his own Part, his Hand not on, though had his Heart.

Mr. Alford: - To put the Question again, because not resolved. Put again, and resolved, as before.

Mr. Secretary moveth, by what Authority they can swear them over again, that are once sworn.

Sir Edw. Coke: - That they may clearly be sworn over again; and so hath been heretofore, when he Speaker.

Sir Wm. Stowde, and Sir Edw. Gyles: - That none may, either upon Bill, or Motion, speak twice in One Day,

Sir Tho. Wentworth: - To have it in the Morning, and to prepare for the Communion in the Afternoon,

Sir Ro. Phillippes, contra; and for the Afternoon.

Sir Tho. Hobby, - for the Afternoon.

Upon Question, Whether it shall be To-morrow, or no; Resolved, To-morrow.

Upon second Question, Whether To-morrow in the Forenoon, or no; Resolved, Not in the Forenoon.

Sir Edw. Coke, Mr. Crew, Mr. Noy, Mr. Hackwill, Mr. Glanvyle, Serjeant Towse, Mr. Finch, to consider presently, in the Committee Chamber, of the Authority of the Deputies to re-swear those, which have taken the Oath already.

Standing in the Entry.

Ordered, Whosoever standeth in the Entry, pay 12d. presently to the Serjeant.

Oxford Election.

Sir Geor. Moore maketh Report from the Committee of Privileges. - That almost all the Time spent about Oxford Burgesses.

The Case: That the Mayor, and 15 more, called there the Magistrates of the City: A Common-council maketh them up 48. -

That the Magistrates had, in the upper House, made a Pre-election; and then came down into the lower House, and there confirmed their Choice.

Counsel heard on both Parts. The Information not against the Party elected, but against the Mayor, and Magistrates.

Witnesses heard. - That, after the said Pre-election, Mr. Wentworth, in the lower House, there chosen, and not Sir Francis Blondell: This testified by an Alderman, and Three other Witnesses. -

Provision, for saving the Pre-electors harmless. -

That, in the lower House, Mr. Wentworth, the Recorder, by great odds chosen.

Alleged by Counsel on the other Part, that, of the Magistrates, 14 for Sir Francis Blondell, and but One against him : That Two Parts of Three of the Common-council accordingly.

Upon this the Committee, with general Consent, all but One, for the Election of Mr. Wentworth with Sir Jo. Brooke; and that of Sir Francis Blondell void.

Sir Jo. Strangwayes: - A Pre-election, and an Election. - The Magistrates should propound Two; as they pretend ; but the Power remained in the Commons, not in the Common-council.

Upon Question, adjudged, una voce, the Election of Sir Francis not good.

Upon second Question, Whether Mr. Wentworth duly elected; Resolved, Yea.

Ordered, That the Mayor, &c. shall return Mr. Wentworth to the Sheriff; and he to return him to the Clerk of the Crown.

And Ordered, The Mayor shall be sent for by the Serjeant, for his Misdemeanor.

Members to be sworn.

Sir Edw. Coke: - That he, and the rest of the Committees, have resolved, 1. That they, not sworn at all, though have come into the House, and sit, may be sworn by the Lord Steward, or his Deputies; and that the Commissioners ought to minister it to them.

2. That they which have not taken it totally and audibly, have not taken it; and so are to take it again.

3. That he must lay his Hand on the Book, when he taketh the Oath.

4. That One Commissioner may minister it to another, that hath not taken the Oath before.

5. That where fully sworn, and duly, no Power to the Deputies to swear them again. -

Advice, that every Member of the House shall testify in Writing, that he hath duly taken it; and, if any Exception can be against it, then he to take it again.

Call of the House.

Ordered, The whole House to be called over Tomorrow Morning.

These Notes, now made, and brought into the House by Sir Edw. Coke, to be by him, and the other Committees, enlarged, and then to be brought into the House.

Members to receive the Communion.

A Letter from the King to Mr. Speaker, concerning the Communion to be administered in Westmynster Church.

Ordered, upon reading of his Majesty's Letter, That the Communion shall be administered in St. Margaret's Church, in Westminster; and Mr. Dr. Usher to preach there. They to have Notice to be given them hereof, and to provide Ministers for the administering the Communion.

Leicestershire Election.

Counsel, for and against Sir Tho. Beaumond's Election, came to the Bar. They directed, by Mr. Speaker, to speak only to Matter of Law; and to speak only to the Choice of a Knight of a Shire, and not of a Burgess; and not to question the Power [of the] House in examining Returns.

Sir L. Hyde, for Sir Th. Beaumond: -

That an Election of a Knight of a Shire, not resiant at the Day of the Summons, void in Law, and as if no Choice. -

1 H. V. 8 H. VI. 23 H. VI - As good chuse a dead Man, as one disabled by Act of Parliament to be chosen : As Sir Geor, being not resiant. The Act of Parliament, that he shall not be chosen. - And the Pain after hindereth it not.

Mr. Herenden: - That Sir Tho. Beaumond returned a Knight, and only he; which not to be questioned here, because no Averment against the Sheriff's Return.

Here Mr. Speaker cut him off.

Sir Tho. Ireland: - The only question, whether Sir Geor, by 1 H. V. or 8. or 23 H. VI. made incapable. No Words in the Statute, to make the Election void. The Sheriff no Judge, but this House. -

Stat. 23, H. VI. that the Sheriff shall take Bonds in his own Name; but that hath a further Provision, that, if any Bonds taken otherwise, the same should be void : But not so here. -

A Man not said to be resiant, only where eateth; and sleepetb; but, where hath Lands in his Manurance. - Jeoffreyes Case, parochianus. - Sir Geor. 300 l. per Annum, in that County. The Use thus. None ever rejected for that Cause. No such Precedent; ergo, no such Law.

Mr. Holt: - The proper Question, whether the Sheriff's Return of Sir Tho. Beaumond good. The Sheriff Judge of the Number of Voices, but not of Ability, or Disability; ergo, his Return naught, -

Sir Tho. Beaumond not elected in Time, for Sir Geor. elected at the Hour appointed.

Mr. Speaker demandeth, of Sir L. Hyde, how the Practice hath been in this Case, in this House, sithence the said Statutes.

Sir Law. Hyde replieth, - never knew any removed for that Cause, in all his Time; for never heard it questioned; and yet thinketh, divers worthy Gentlemen, not resiant, have served. -

That the Statute, 1 H. V. hath no Penalty; therefore would be idle, if the Choice should not be void.

Mr. Speaker : - That the Words are in the Affirmative ; " Such, as are resiant, shall be chosen."

They dismissed; and the High-sheriff, and Under-sheriff, to attend the Pleasure of the House.

Mr. Hackwill: - No Words, to make the Election void. The Words, " That none shall be chosen,'' extendeth to the Freeholders; whereof the Sheriff no Judge.

Sir Edw. Coke: - This a Case of the greatest Consequence, that can be. -

1. Question, whether any of these Statutes make a Non-resiant in a County, City, or Borough, incapable, and so his Election void. The Law distinguisheth Matters, in Statutes, directory, and conclusory: Direction, but Matter of Order; which maketh nothing void; Matter of Substance only doth it. Scarce any well chosen, if Matter of Order shall overthrow it. Hands and Seals of all Electors should be put to their Indentures; which never done.

2. The Election to be free, without Means; yet, where any Knight chosen without some Means ? -

The Meaning of the Act of Parliament, that such should be chosen, as know the State of the Country, and the Grievances thereof. -

In 6o H. IV. a Precept, that none be returned, but Knights of Shires, and Burgesses of Boroughs: Mentioned in the Writs, no Lawyers to be ; therefore, in the Parliament Roll, called Parliamentum indoctorum: Wherein Three short Acts made, not worth 3 d. -

Authority: - In 8o H. VI. the Provision, that, if any come in thus irregularly, they shall recover no Charges of the Parliament; ergo, he was a Knight, or Burgess. -

To Experience ever thus. - To put Him out of the House, if this Law; for himself never in the West, where chosen; so as then, in all he hath done, non Judex. -

The Example dangerous. - 21 Ed. IV. - A Knight, or Burgess, can make no Proxy ; Noblemen, or Bishops, may. The first represent the Body of the County, or City; the Lords, themselves only: Therefore the King may discharge a Baron of his Attendance, but cannot dispense with the Service of a Knight of a Shire, or Burgess, because of their representative Body.

1. Question, Whether the Election of Sir Tho. Beaumond good : Resolved, No.

2. Question, Whether the Election of Sir Geor. Hastings, good: Resolved, Yea.

Ordered, The Sheriff to bring in the Return of Sir Geor. Hastings, to the Clerk of the Crown; and he to accept, and file it.

The High-sheriff, and Under-sheriff, to be both brought in to the Bar, as Delinquents.

Mr. Living: - That the Sheriff may be examined, whether he had not Security, to save him harmless.

Mr. Speaker chargeth him, as a great Offender to this House, and the State. - He the Officer, to do justly in point of Return of Members of this House: Sworn to do it. - That knowing Sir Geor. Hastings to be elected by the greatest Number, he refused to return the Election of Sir Geor. Hastings chose, and returned another.

[Sir] Alexander Cave, the Sheriff, confesseth, he knew Sir George elected by the greater Number of Voices ; but, for the Return of him, did it not, because informed by Counsel, he was not eligible, in respect he was not resiant in the County. -

Denieth any Security, directly or indirectly, for saving him harmless.

The Under-sheriff: - That he informed the High-sheriff, presently after the Election of Sir Geor. and of the Indenture sealed by the Freeholders: Which the High-sheriff acknowleged.

They retired.

Mr. Alford: - That he may remain with the Serjeant till Monday Morning, and then Proceeding here further.

Sir Tho. Wentworth: - That he guided by Mr. Fletcher, his Counsel; therefore to punish him no further; and because he loseth an 100 l. to the Party, and as much to the King.

They, brought again to the Bar, both kneeled. Then the High-sheriff willed by Mr. Speaker to stand up.

- That this a House of Justice and Mercy. -

Confesseth his Offence: - That sorry for it; and prayeth Pardon: Which pronounced by Mr. Speaker.

The Sheriff therefore enjoined, to return presently Sir Geor. Hastings his Election.

The Under-sheriff pardoned.