House of Commons Journal Volume 7: 22 March 1659

Tuesday, the 22d of March, 1658.

Prayers.

Poole Election.

MR. Boscawen reports from the Committee of Elections and Privileges, The State of the Case concerning the Election for the Town and County of Poole: Viz.

THAT, the Third of January last, being the next County-Court after the Writ for the Election was delivered to the Sheriff, Sir Anthony Ashley Cooper, and one Samuell Bond Esquire, were duly elected Burgesses to serve in this present Parliament for the said Town and County: And that the Mayor and Burgesses of the said Town and County did accordingly, in due Form of Law, the same Third Day of January, seal and execute an Indenture of the said Election: That, afterwards, Sir Anthony Ashley Cooper being chosen to serve in this Parliament for the County of Wiltes, the Sheriff of the Town and County of Poole, on the Twenty-fourth of January following, proceeded to a new Election upon the same Writ whereby the former Election was made; and the Mayor and Burgesses of the said Town did elect John Fitz-James Esquire, and the said Samuell Bond; and, by a second Indenture, dated the same Twentyfourth of January, the said John Fitz-James, and Samuell Bond, are returned as duly elected. He further reported, The Opinion of the said Committee, That the First Election, of the Third of January, is good; and that the Second Election, of the Twenty-fourth of January, is void; that the Indenture, by which the said John Fitz-James and Samuell Bond are returned, be taken off the File, and withdrawn; and that the Sheriff do return the First Indenture, whereby Sir Anthony Ashley Cooper, and Mr. Bond, are elected and chosen, to the Clerk of the Commonwealth in Chancery; and that he do receive the same.

Resolved, &c. That this House doth agree with the Committee of Privileges and Elections, That the First Election, made on the Third Day of January last, of Sir Anthony Ashley Cooper, and Samuell Bond Esquire, to serve as Members of this present Parliament for the Town and County of Poole, is a good Election: And that the Second Election, made, upon the same Writ, on the Twenty-fourth Day of the same Month of January, of John Fitz-James Esquire, and of the said Samuell Bond, to serve as Members of this present Parliament, is void; and that the Indenture, whereby the said John Fitz-James and Samuell Bond are returned, be taken off the File, and withdrawn: And that the Sheriff of the said Town and County of Poole do return the First Indenture, whereby the said Sir Anthony Ashley Cooper, and Mr. Bond, are elected, to the Clerk of the Commonwealth in Chancery: And that the said Clerk of the Commonwealth in Chancery do receive and file the same.

Petersfield Election.

Mr. Serjeant Waller reports from the Committee of Privileges and Elections, The Opinion of the said Committee, concerning the Election of Petersfield, formerly reported on the Nineteenth of February last; and then re-committed; namely, That the Freeholders of the Borough of Petersfield in the County of Southampton have a Right, together with the Burgesses of the said Borough, in the Election of Burgesses to serve in Parliament for the said Borough: And that the said Freeholders had not due and timely Notice of the said Election; and that thereby the same Election became void: The Notice being half an Hour before Ten of the Clock, to be at Ten of the Clock on the same Day: And the Election being the same Day accordingly; by which divers Freeholders were surprized.

Resolved, &c. That this House doth agree with the Committee, That the Freeholders of the Borough of Petersfield in the County of Southampton have a Right, together with the Burgesses of the said Borough, in the Election of Burgesses to serve in Parliament for the said Borough.

Resolved, &c. That the Notice given for the Election of Burgesses to serve in this present Parliament for the Borough of Petersfield in the County of Southampton, being half an Hour before Ten of the Clock, to be at Ten of the Clock on the same Day; and the Election being on the same Day accordingly; by which divers Freeholders were surprised: That the said Freeholders had not due and timely Notice of the said Election; and that thereby the said Election became, and is, void.

Resolved, That a new Writ be issued, for the Election of Two Burgesses to serve in this present Parliament for the Borough of Petersfield in the County of Southampton, in the Place of Sir Henry Norton and Mr. Child, whose Elections are this Day declared void: And that Mr. Speaker do send his Warrant to the Clerk of the Commonwealth in Chancery, to issue a new Writ for the Election of two Burgesses to serve in this present Parliament for the Borough of Petersfield in the County of Southampton, accordingly.

Carmarthen Election.

The Order of Thursday, the Tenth Day of this instant March, concerning the Report of the State of the Case concerning the Election of Burgesses to serve in this present Parliament for the Town and County Borough of Carmarthen; and the Petition of the Sheriffs of the said Town and County; were read.

The Report from the Committee of Privileges and Elections, concerning the said Election; and also the Petition of John Vaughan and Griffith David, Sheriffs of the said Town and County-Borough; were likewise read.

The Case, upon the Report concerning the Election was; viz.

THAT David Morgan Esquire was elected and chosen a Burgess to serve in Parliament for the Town and County-Borough of Carmarthen by One hundred and Eight Voters, who had Right in the said Election: That Rowland Dawkins Esquire, who stood to be Burgess for the said Town and County-Borough, had not above Twenty Voices: That nevertheless, John Vaughan Esquire, and Griffith David Gentleman, Sheriffs of the said Town and County-Borough, returned the said Rowland Dawkins, as duly elected Burgess to serve in Parliament for the said Town and County-Borough: And that it was the Opinion of the said Committee, That the said David Morgan is rightfully elected Burgess to serve in Parliament for the said Town and County Borough of Carmarthen; and ought to sit in the House: That the Indenture, by which the said Rowland Dawkins is returned Burgess to serve in Parliament for the said Town and County-Borough, ought to be taken off the File, and withdrawn: That the Sheriffs return the right Indenture, by which the said David Morgan is chosen into the Office of the Commonwealth in Chancery: That the Misdemeanor and Offence of the said Sheriffs, in making such a false Return, is a great Misdemeanor and Offence: And that the said Sheriffs be sent for, in Custody, by the Serjeant at Arms attending the House.

The said John Vaughan and Griffith David, Sheriffs of the Town and County-Borough aforesaid, petitioned for Leave to attend the Committee of Privileges, to make good their Return; as not doubting but to make it appear to be such a Return as is warranted by Law; at least such as will deserve to be excused from any Censure.

Resolved, &c. That this House doth agree with the Committee of Privileges and Elections, That David Morgan Esquire is rightfully elected Burgess to serve in this present Parliament for the Town and County-Borough of Carmarthen; and ought to sit in the House.

Resolved, &c. That the Indenture, by which Rowland Dawkins Esquire is returned Burgess to serve in this present Parliament for the Town and County-Borough of Carmarthen, be taken off the File and withdrawn.

Resolved, &c. That John Vaughan and Griffith David, Sheriffs of the Town and County-Borough of Carmarthen, do forthwith return the Indenture, by which David Morgan Esquire is chosen to serve Burgess in this present Parliament for the said Town and County-Borough, into the Office of the Clerk of the Commonwealth in Chancery.

Resolved, &c. That the Misdemeanor and Offence of John Vaughan and Griffith David, Sheriffs of the Town and County-Borough of Carmarthen, in making a false Return of Rowland Dawkins Esquire to serve Burgess in this present Parliament for the said Town and CountyBorough, is a great Misdemeanor and Offence: And that the said John Vaughan and Griffith David be, for the said Misdemeanor and Offence, sent for, in Custody, by the Serjeant at Arms attending on this House: And that Mr. Speaker do issue his Warrant to the Serjeant at Arms for the Taking of the said Sheriffs into his Custody; and to bring them to answer their said Misdemeanor and Offence at the Bar of this House, accordingly.

Colchester Election.

Mr. Serjeant Waller further reported from the Committee of Privileges and Elections, The special State of the Matter and Case, concerning the Right of Election of Burgesses to serve in Parliament for the Borough of Colchester in the County of Essex.

Resolved, &c. That this Report be now read.

The said Report was read, accordingly; and was, in Fact, as followeth; viz.

THAT the Mayor, Aldermen, and Common-Council of the Borough of Colchester, apart by themselves, did elect John Maidston and Abraham Barrington, Esquires, Burgesses for the said Borough, to serve in this present Parliament; and the free Burgesses and Inhabitants did elect John Shawe Esquire, and Abraham Johnson Merchant: Both which Elections are thus returned; viz. That of John Maidston and Abraham Barrington, under the Town-Seal, in the Name of the Mayor, Aldermen, Common-Council, and Burgesses; by which Name they are now incorporated; and that of John Shawe and Abraham Johnson, under the Seals of several of the free Burgesses and Inhabitants of the said Corporation: Both which Indentures are returned by the Sheriff: That the Matter of this Election being referred to the Committee of Privileges; and they, taking both the Returns into Consideration, appointed a Day to hear the Right and Merit of the said Election: And that, both Parties then appearing, the Counsel for the Mayor, Aldermen, and CommonCouncil alleged, That, according to an ancient Custom had and used in the said Borough Time out of Mind, the Magistracy, or Heads thereof only, by what Name soever they have been incorporated, have constantly, by a select Number, elected the Burgesses to sit in Parliament for the said Borough: And that therefore the Mayor, Aldermen, and Common-Council, ought by themselves only to have the Chusing of their Burgesses for Parliament: And for Proof thereof, they produced Two Indentures; one dated the Nineteenth of March, in the First Year of the Reign of Queen Mary; and the other dated the Ninth of January, in the First Year of the Reign of Queen Elizabeth; by which it is returned, That the Burgesses to serve in Parliament were, according to an ancient and laudable Custom had and used in the said Borough, chosen by the Bailiffs, Aldermen, and CommonCouncil thereof only: And it appears likewise, by the Entries made in the Town-Books, beginning 9° Eliz. in which the Ordinances and Customs of the said Borough are entered, That, until 4to Car. the Election of Burgesses to serve in the several Parliaments, during all that time, were elected, according to their ancient Custom, by the Bailiffs, Aldermen, and Common-Council, for the time being only: That, against this Prescription, the free Burgesses did allege, That, of common Right, they ought to chuse Burgesses to serve in Parliament: And produced a Report, made 4to Caroli, by the then Committee of Privileges, That the Prescription by the Bailiffs, Aldermen, and Common-Council, as they then made it, was insufficient; it being therein alleged, That there were no Burgesses in the said Borough before Richard the First's Time; and no Common Council there before Edward the Fourth: Which Report was confirmed by the then House of Commons, and the Election then made by the free Burgesses adjudged to be good: That it was agreed by both Sides, That the Burgesses to serve in the respective Parliaments sithence the Fourth Year of the Reign of the late King Charles, until the Parliament held in the Year 1656, were jointly chosen by the Mayor, Aldermen, Common-Council, and free Burgesses thereof: And, that, in the Year 1656, there was a Double Return made, and the Matter heard, at the Committee of Privileges; and ordered, That a special Report should be made thereof; but that no further Proceedings was had thereupon: That the free Burgesses did further allege, That, before there was any Common-Council in the said Town, there were Burgesses sent from the said Town, to serve in Parliament: And, for Proof thereof, they produced divers Copies of Records, taken out of the Tower; one of them in the Six-and-twentieth Year of Edward the First; another in the Two-and-fortieth Year of Edward the Third; another of the Thirteenth of Richard the Second; another of the First of Henry the Sixth; another of the Sixth of Henry the Sixth; which Returns were made by the Sheriffs of the County, of Burgesses to serve in Parliament pro communitate of the said Borough.

Whereupon, It is Resolved, &c. That the Election returned of John Maidston, and Abraham Barrington, Esquires, by the Mayor, Aldermen, and Common-Council, of the Borough of Colchester, to serve as Members in this present Parliament, is void: And that the Indenture, whereby the said John Maidston and Abraham Barrington are returned, be taken off the File, and withdrawn.

Resolved, &c. That the Election of John Shawe Esquire, and Abraham Johnson Merchant, by the free Burgesses and Inhabitants of the Borough of Colchester, to serve as Members in this present Parliament, is a good Election: And that the said John Shawe and Abraham Johnson ought to sit as Members in this present Parliament: And that the Sheriff of the County of Essex do amend the Return of his Writ, as to the Election for Colchester, accordingly.

Jones's, &c. Petition.

The humble Petition of Humphry Jones, Citizen and Mercer of London, and of Owen Jones, Robert Jones, Richard Lloyd, Evan Griffith, and Foulke Owen, Gent. Bailiffs of the several Corporations of Crickith Pullely and Nevyn in the County of Carnarvon; the humble Petition of Thomas Madrin, in the County of Carnarvon, Esquire; were both presented to the House.

And it was Resolved, That these Petitions be now read.

Whereupon the said Petition of Humphry Jones, Citizen and Mercer of London, and of Owen Jones, Robert Jones, Richard Lloyd, Evan Griffith, and Foulke Owen, Gent. was read.

And it is Ordered, That it be referred to the Committee of Privileges and Elections to examine the Matters of Fact contained in the said Petition; and to report their Opinion thereupon to the House.

Petition not signed.

The aforesaid Petition of Thomas Madrin was also read: And, for that the same was not signed, or subscribed by him, was laid aside.

Irish Members.

The Question being propounded, That the Matter of the Debate To-morrow Morning shall be concerning the Sitting of the Irish Members;

The Question was put, That these Words, "legal Right of," be added, as Part of the Question, after the Word "concerning:"

The House was divided:

The Yeas went forth.

So it passed in the Negative.

And the main Question being put; It was

Resolved, &c. That the Matter of the Debate Tomorrow Morning shall be concerning the Sitting of the Irish Members; and that nothing else do then intervene.