House of Commons Journal Volume 8: 16 May 1661

Jovis, 16 die Maii, 1661.

Prayers.

Bristoll Election.

SERJEANT Charlton reports from the Committee of Privileges and Elections, concerning the double Return for the City of Bristoll, That Thomas Earl of Ossory, and John Knight Esquire, were returned as Citizens to serve for the said City of Bristoll by one Indenture; and Sir Humphery Hook Knight, and John Knight, were returned by another Indenture; and that Sir Humphery Hooke subscribed to the Election of the Earl of Ossory, and sealed to his Return, and renounced his own Election; and the Opinion of the said Committee thereupon, that the Return was therefore single; and that Sir Humphery Hook might renounce his Return; and that the Earl of Ossory ought to sit, till the Merits of the Cause touching the said Election were determined.

Resolved, That this House doth agree with the Committee; and that the Earl of Ossory do sit in the House, till the Merits of the Cause touching the said Election be determined.

Bath Election.

Serjeant Charlton also reports from the said Committee, touching the double Return for the City of Bath, That Alexander Popham Esquire, and William Pryn Esquire, were returned as Citizens to serve for the said City of Bath by the Mayor and Aldermen only in one Indenture; and Sir Charles Berkly and Sir Thomas Bridges by the Aldermen only in another Indenture; and the Opinion of the said Committee thereupon, that the said Mr. Popham and Mr. Pryn ought to sit, till the Merits of the Cause touching the said double Return be returned.

Resolved, That this House doth agree with the said Committee; and that Mr. Popham and Mr. Pryn do sit in this House, till the Merits of the Cause touching the said Election be determined.

Ordered, That the Petition of Sir Charles Berkley Knight, Comptroller of his Majesty's Houshold, and Sir Thomas Bridges Knight, now presented to this House, be referred to the Committee of Privileges and Elections.

Bedford Election.

Serjeant Charleton also reports from the said Committee, touching the several Returns for the Town of Bedford, That John Keeling Serjeant at Law, and Richard Taylor Esquire, were returned, in two Indentures, by the Mayor, Bailiffs, and Burgesses; and that Sir Samuell Luke and Mr. Taylor were returned in another Indenture by the Mayor; and the Opinion of the Committee, that Serjeant Keeling ought to sit, till the Merits of the Cause touching the said Election be determined.

Resolved, That this House doth agree with the said Committee; and that Serjeant Keeling do sit in this House, until the Merits of the Cause touching the said Election be determined.

Truro Election.

Serjeant Charleton makes Report from the same Committee, touching the Double Returns for the Borough of Truro, That Nicholas Arundell Esquire, and Edward Boscowen Esquire, were returned, by one Indenture, by the Mayor; and William Bruarton Esquire, and Arthur Trevor Esquire, by another Indenture, to which the Mayor refused to put his Hand: And the Opinion of the Committee is, that Mr. Arundell and Mr. Boscowen ought to sit, till the Merits of the Cause touching the said Election be determined.

Resolved, That this House agree with the said Committee; and that Mr. Arundell and Mr. Boscowen do sit in this House, till the Merits of the Cause touching the said Election be determined.

Bodmin Election.

Serjeant Charleton makes Report from the same Committee, touching the several Returns for the Borough of Bodmin, That Sir John Carew was returned in Two single Indentures by the Mayor; that Hender Roberts Esquire was likewise returned in Two single Indentures, whereof one was by the Mayor; that the said Mr. Roberts and Sir James Smith returned by another Indenture; and the said Sir John Carew and Barnard Greenvill Esquire by another Indenture; and the Opinion of the Committee, that Sir John Carew and Hender Roberts, being only returned by the Mayor, do sit, until the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the said Committee, that Sir John Carew and Hender Roberts. being only returned by the proper Officer, do sit in this House, till the Merits of the Cause touching the said Elections be determined.

Camelford Election.

Serjeant Charleton also reports from the same Committee, touching the several Returns for the Borough of Camelford, that Thomas Coventry Esquire, and Charles Roscarrick Esquire, are returned by several Indentures by the Mayor; and Barnard Greenvile Esquire by another Indenture by the Burgesses; and the Opinion of the Committee, that Mr. Coventry and Mr. Roscarrick do sit, until the Merits of the Cause touching the said several Elections be determined.

Resolved, That this House doth agree with the said Committee; and that Mr. Coventry and Mr. Roscarricke do sit in this House, until the Merits of the Cause touching the said several Elections be determined.

Bossiny Election.

Serjeant Charleton also reports from the same Committee, touching the several Returns for the Borough of Bossiny, That Robert Roberts Esquire, and Richard Rouse Esquire, are returned by the Mayor in Two several Indentures; and Anthony Buller Esquire, by the Burgesses in another Indenture; and the Opinion of the Committee that Mr. Roberts and Mr. Rouse ought to sit, until the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the said Committee; and that Mr. Roberts and Mr. Rouse do sit in this House, until the Merits of the Cause touching the said Elections be determined.

St. Ives Election.

Serjeant Charleton reports from the same Committee, touching the several Returns for the Borough of St. Ives, That James Praed Esquire, and Edw. Nosworthy Esquire, are returned in several Indentures by the Mayor; and John Bassett Esquire in another Indenture by the Burgesses; and the Opinion of the Committee, that Mr. Praed and Mr. Nosworthy do sit in this House, till the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the said Committee; and that Mr. Praed and Mr. Nosworthy do sit in this House, till the Merits of the Cause touching the said Elections be determined.

St. Michaell Election.

Serjeant Charleton also reports from the said Committee, touching the double Returns for the Borough of St. Michaell; that Sir Edward Mosely, and Mathew Wren Esquire, are returned in Two several Indentures by John Woodhouse, Deputy Portreve, Sir Peter Courtney, and Humphrey Borlace Esquire, and the said Mr. Wren, in another Indenture by Mr. Nancharrau, who pretended to be a Deputy-Portreve, whose Deputation was revoked; and the Opinion of the Committee, that the said Sir Edward Mosely, and Mathew Wren, only, ought to sit, until the Merits of the Cause touching the said Elections were determined.

Resolved, That this House doth agree with the said Committee; and that Sir Edward Mosely, and Mr. Wren, do sit in this House, until the Merits of the Cause touching the said Elections be determined.

St. Mawes Election.

Serjeant Charleton also reports from the said Committee, upon the several Returns for the Borough of St. Mawes, That Arthur Spry Esquire, and Sir William Tredenham, are returned in several Indentures by the Mayor; and Sir Richard Vivian in another Indenture by the Burgesses; and the Opinion of the Committee, that Mr. Spry and Sir William Tredenham ought to sit, till the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the said Committee; and that Mr. Spry, and Sir William Tredenham, do sit in this House, until the Merits of the Cause touching the said Elections be determined.

Tavestoke Election.

Serjeant Charlton also reports from the said Committee, touching the Return of the Borough of Tavestoke, That George Howard Esquire, and Sir John Davy, are returned by the Mayor and Burgesses in one Indenture; and William Russell Esquire, and Sir John Davy, by the Portreve alone in another Indenture, and that the Borough is not therein mentioned; and the Opinion of the Committee, that Mr. Howard, and Sir John Davy, should sit; and that the Return of the said Mr. Russell is void.

Resolved, That this House doth agree with the said Committee; and that the said Mr. Howard, and Sir John Davy do sit in this House; and that Mr. Russell's Return is void.

Beeralston Election.

Serjeant Charleton also reports from the said Committee touching the double Returns for Beeralston, That Sir John Maynard Knight, Serjeant at Law, and George Howard Esquire, are returned in one Indenture by the Mayor; and Sir John Maynard and Elizeas Crymes in another Indenture, by the Burgesses; and the Opinion of the said Committee, that Serjeant Maynard, and Mr. Howard, do sit in this House, until the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the Committee, that Serjeant Maynard, and Mr. Howard, do sit in this House, until the Merits of the Cause touching the said Elections be determined.

Poole Election.

Serjeant Charlton also reports from the said Committee, touching the double Return for the Town of Poole, That John Morton Esquire, and William Constantine Esquire, are returned by one Indenture; and John Morton Esquire, and Sir John Fitz James, by another Indenture; and all by the chief Officers; and the Opinion of the Committee, that both Mr. Constantine, and Sir John Fitz James, do forbear to sit in this House, till the Merits of the Cause touching their Elections be determined.

Resolved, That this House doth agree with the Committee, that both Mr. Constantine, and Sir John Fitz James, do forbear to sit in this House till the Merits of the Cause touching their Elections be determined.

Wareham Election.

Serjeant Charlton also reports from the said Committee, touching the double Return for the Borough of Wareham, That George Pytt Esquire, and Robert Culleford Esquire, are returned in one Indenture by the Mayor: and the said Mr. Pitt, and Robert Lawrence Esquire, in another Indenture, by the Burgesses; and the Opinion of the Committee, that Mr. Culleford ought to sit, till the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the Committee, that Mr. Culleford do sit in this House till the Merits of the Causes touching the said Elections be determined.

Hereford Election.

Serjeant Charlton also reports from the said Committee, touching the double Return for the City of Hereford, That Sir Henry Lyngen Knight, and Sir Edward Hopton Knight, are returned by one Indenture; and Herbert Westfalin Esquire, and Sir Henry Lingen Knight, are returned by another Indenture; and the Opinion of the Committee, that Sir Edward Hopton do sit in this House, till the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the Committee, that Sir Edward Hopton do sit in the House, till the Merits of the Cause touching the said Elections be determined.

Leicester Election.

Serjeant Charleton also reports from the said Committee, touching the double Return for the Borough of Leicester, That John Grey Esquire, and Sir William Hartop Knight, are returned by one Indenture; and Sir William Hartop Knight, and Sir John Prettiman, Knight and Baronet, by another Indenture; and all by the proper Officer: and the Opinion of the Committee, that both Sir John Prettiman, and Mr. Grey, do forbear to sit in this House, until the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the Committee, that both Sir John Prettiman, and Mr. Grey, do forbear to sit in this House, until the Merits of the Cause touching the said Elections be determined.

Boston Election.

Serjeant Charlton also reports from the said Committee, touching the double Return for the Borough of Boston, That Robert Lord Willoughby of Earisby, and Sir Anthony Irby Knight, were returned by one Indenture by the Mayor; and Robert Lord Willoughby of Earisby, and Thomas Thory Esquire, by another Indenture, by the Burgesses; and the Opinion of the Committee, that Sir Anthony Irby do sit in this House, till the Merits of the Cause touching the said Elections be determined.

Resolved, That this House doth agree with the said Committee, that Sir Anthony Irby do sit in this House, till the Merits of the Cause touching the said Elections be determined.

* * * *

Call of the House.

Resolved, upon the Question, That the Calling over of this House, in respect of the great Business of this Day, be now forborn; and that the House be called over on Saturday next, at Ten of the Clock in the Morning.

Ancolne Fens.

A Bill for Confirmation of certain Decrees made for the Level of Ancolne, was this Day read the First time.

Resolved, That this Bill be read again, the Second time, on Wednesday next.

Harbin's Estate.

A Bill to enable John Harbin Esquire to make Sale of his Lands to pay his Debts, and make Provision for younger Children, was this Day read the First time.

Resolved, That this Bill be read again, the Second time, on Wednesday next.

Packington's Estate.

Ordered, That the Bill for vacating of Conveyances passed by Sir John Packington and his Lady, of certain Lands at Aylesbury, be read first To-morrow Morning.

Orlibeare's Estate.

Ordered, That the Bill for reviving a Settlement of certain Lands on John Orlibeare, for Life, with Remainder to his Son, be read in the Second Place Tomorrow Morning.

Confirming publick Acts.

Upon Report made by Mr. Vaughan from the Committee for confirming of publick Acts;

Resolved, upon the Question, That the said Committee have Power to make a Sub Committee, to look upon the original Records of the Acts of Pardon, Indemnity, and Oblivion; of the Act for Confirmation of judicial Proceedings; of the Act for taking away the Court of Wards, and Liveries, and Tenures; and of the several Acts touching his Majesty's Revenue; mentioned in the Bill to them committed; and see that the Titles do agree: And that the said Committee have Power to send for Persons, Papers, and other Records, as they shall think fit.

Securing the King's Person, &c.

Sir Phillip Warwick reported from the Committee to whom the Consideration of the Bill for securing and preserving of his Majesty's Person, .... several Amendments to be made in the said Bill.

And the first Amendment, being for filling up of the Blank in the first Line, and the third Page, the same, being twice read, and put to the Question, was agreed upon.

And the Second Amendment, being in the Fifteenth Line of the same Page, was twice read; and the Word "or," in the First Place, being made "and," the same was again twice read; and put to the Question; and the Words "lawful and credible," being inserted into the said Amendments, the same was again twice read; and being then put to the Question, was agreed upon, in all the said Amendments.

And the Third Amendment, being for filling up the Blank in the Second Line of the Fourth Page, the same being twice read, and put to the Question, was agreed unto.

And the Fourth Amendment, being in the Third Line of the same Page, was twice read; and the Word "or," in the first Place, being made "and," the same was again twice read; and put to the Question, and agreed unto.

And the Fifth Amendment, being in the Eighth Line of the Fifth Page, being likewise twice read; and the Word "or" therein made "and;" the same being again twice read, and put to the Question, was also agreed unto.

And the Sixth Amendment, being in the Twelfth Line of the same Page, was also twice read; and, being put to the Question, was agreed unto.

And the Seventh Amendment being in the Fourteenth Line of the said Fifteenth Page, was also twice read; and, being put to the Question, was agreed unto.

Resolved also, upon the Question, That these Words, "or against," between the Words * * and in the same Line, be left out; and that in the Fifteenth Line of the same Page, these Words, "to the same Effect" be inserted, instead of these Words, "to such, or the like Effect:" Which Amendment being twice read, and put to the Question, was agreed unto.

Resolved also, upon the Question, That these Words, "and indicted thereupon within Three Months after such Prosecution," be inserted between the Words * * and * * in the * * Line of the * * Page: Which said Amendment being twice read, and put to the Question, was agreed unto.

And it was Resolved, upon the Question, That the said Bill for securing and preserving his Majesty's Person and Government, with the Alterations and Amendments aforesaid, be ingrossed.

Quakers, &c.

Resolved, upon the Question, That it be referred to Mr. Thurland, Mr. Lowther, Mr. Serjeant Charleton, Mr. Flint, Mr. Streete, Mr. Prinn, Sir Solomon Swaile, Sir John Goodrick, Sir Thomas Mers, Sir Robert Atkyns, Mr. Robert Walker, or any Three of them, to prepare and bring in a Bill to prevent the ill Consequences in Government, by the Quakers, Anabaptists, and other Schismaticks, refusing to take Oaths, and numerously and unlawfully convening together; with such Penalties as may be suitable to the Nature of those Offences, and may be profitable to work upon the Humour of such Fanaticks.

Leave of Absence.

Forasmuch as this House was informed, that Sir Henry Wright, a Member of this House, is much indisposed in his Health;

Ordered, That he hath the Leave of this House to go into the Country, for the Recovery of his Health.

And the House adjourned till Eight of the Clock To-morrow Morning.