House of Commons Journal Volume 7: 7 March 1659

Monday, the 7th of March, 1658.

Prayers.

Malton Election.

MR. Serjeant Waller reports from the Committee of Elections and Privileges, The State of the Case upon the Double Return, and Right of Election, of Burgesses to serve in Parliament for the Borough of Malton in the County of Yorke: Wherein the principal Matter in Question was, Whether New Malton alone, or Old Malton and New Malton together, ought to elect Burgesses to serve in Parliament: And that it being agreed, on the Behalf of both Parties, and by their Counsel, That, in case New Malton only ought to elect such Burgesses; then Colonel Robert Lilburne, and Luke Robinson, Esquires, were duly elected: And that, in case both Old Malton and New Malton ought to join in such Election of Burgesses, then Philip Howard, and George Marwood, Esquires, were duly elected: That this Matter being taken into Consideration by the Committee;

A Record, of 26to Edcardi I. was produced; by which it appeared, That the Borough of Malton, without Addition, did send Burgesses to Parliament; but had discontinued the same for a long time: That, after the Eleventh Day of December 1640, upon Producing of the Record of 26to Edvardi I. it was ordered by the then House of Commons, That the then Borough of Malton should be restored and remitted to their ancient Privilege of sending Burgesses to Parliament: Upon View whereof, and of divers other Records and Evidences produced before the Committee, by both Parties; and upon full Debate, and Hearing of both Parties, Three several Days therein; the Committee were of Opinion, That Old Malton had a joint Right with New Malton to elect and send Members to Parliament, for Malton: And that Phillip Howard, and George Marwood, Esquires, were rightfully elected Burgesses for the Borough of Malton, and ought to sit in Parliament: And that the Indenture, by which Colonel Robert Lilburne, and Luke Robinson, Esquires, are returned, be taken off the File; and withdrawn.

The Question being put, That this House doth agree with the Committee in this Report;

The House was divided.

The Yeas went forth.

So it was Resolved, &c. That this House doth agree with the Committee, That Old Malton had a joint Right with New Malton, to elect and send Members to Parliament for Malton: And that Philip Howard, and George Marwood, Esquires, are rightfully elected Burgesses for the Borough of Malton; and ought to sit in Parliament: And that the Indenture by which Colonel Robert Lilburne, and Luke Robinson, Esquires, are returned, be taken off the File; and withdrawn.

Respecting the Other House.

According to the Order made on Saturday last, the House resumed, and proceeded in, the Debate, That this House will transact with the Persons now sitting in the Other House, as an House of Parliament.

Resolved, &c. That this Debate be adjourned until Three of the Clock in the Afternoon.

This House adjourned itself, accordingly.

Monday, the 7th of March, 1658;

In the Afternoon.

Respecting the Other House.

THE House resumed, and proceeded in, the Debate adjourned until Three of the Clock this Afternoon, That this House will transact with the Persons now sitting in the Other House, as an House of Parliament.

Candles.

Resolved, &c. That Candles be brought into the House.

Door shut.

Resolved, &c. That the Door be kept shut, from any of the Members going out.

Leave to go out.

Ordered, That Colonel Purefoy shall have Leave to go out of the House.

Ordered, That Sir Walter Earle shall have Leave to go out of the House.

Ordered, That Sir Thomas Willis shall have Leave to go out of the House.

Ordered, That Major Gibbon, Mr. Knightley, and Mr, Ditton, shall have Leave, respectively, to go out of the House.

Adjournment.

The Question being put, That this Debate be adjourned till Wednesday Morning, at Eight of the Clock;

The House was divided.

The Yeas went forth.

So the Question passed with the Negative.

Resolved, &c. That this Debate be adjourned till Tuesday, at One of the Clock.

The House adjourned itself, accordingly, until Tuesday, at One of the Clock.