House of Commons Journal Volume 7: 8 April 1659

Friday, the 8th of April, 1659.

Prayers.

Leave of Absence.

RESOLVED, &c. That Mr. Serjeant Waller shall have Leave to go into the Country for a Month, in regard of his Indisposition of Health, notwithstanding the Day appointed for Calling over of the House.

Bossinny Election.

Mr. Hewley reports from the Committee for Elections and Privileges, the State of the Case, upon the Double Return upon the Election of a Burgess to serve in this present Parliament for the Borough of Bossinny and Trevena in the County of Cornewall, in the Place of Anthony Nicoll Esquire, lately deceased;

THAT it appeared to the Committee, upon View of both Returns, That, by Indenture, dated the 11th of March last, made between Nicholas Cossen Esquire, Sheriff of the said County of Cornewall, of the one Part; and John Robins Mayor, and other Free Burgesses of the said Borough, of the other Part; That the said Mayor, and Free Burgesses, under the Common-Seal of the said Borough, did elect Thomas Povey Esquire, to be Burgess to serve in this present Parliament for the said Borough: And that, by another Writing indented, dated the Fourteenth of March last, divers Burgesses, Resiants and Tenants of the said Borough, did elect Colonel John Mill, as Burgess to serve in Parliament for the said Borough, in the place of the said Anthony Nicholl: To which Writing neither the Sheriff of the said County nor the Mayor of the said Borough are nominated, or mentioned, to be Parties: Which said Indenture, and Writing indented, were both returned by the said Sheriff, into the Office of the Clerk of the Commonwealth in Chancery.

He further reported the Opinion of the said Committee, That the Indenture, by which the said Thomas Povey is returned, being returned by the Mayor, under the Common Seal of the said Borough, is the right Indenture: And that the said Thomas Povey is duly returned; and ought to sit in Parliament: And that the other Writing, by which the said Colonel John Mill is returned as a Burgess to serve in Parliament for the said Borough, ought to be taken off the File; and withdrawn.

Resolved, &c. That this House doth agree with the Committee, That the Indenture, by which Thomas Povey Esquire is returned to serve as a Burgess in this present Parliament, for the Borough of Bossinny and Trevena in the County of Cornewall, in the place of Anthony Nicholl Esquire, lately deceased, being returned by the Mayor, under the Common Seal of the said Borough, is the right Indenture: And that the said Thomas Povey, is duly returned, and ought to sit in Parliament: And that the other Writing, by which Colonel John Mill is returned to serve in Parliament for the said Borough, be taken off the File; and withdrawn.

Earl of Arundell.

Resolved, &c. That it be referred to a Committee, to examine, By whom, and by what means, the Earl of Arundell, who (as the House is informed) is a Protestant, is detained in the Parts beyond the Seas: And by whom, and by what Right, his Inheritance here is with-held from him: And to offer their Opinion to this House, How the said Earl may be restored both to his Estate and Liberty.

Mr. Raliegh, Mr. Chute, Mr. Annesley, Sir Arthur Hesilrige, Sir William Doyley, Mr. Robert Reynolds, Mr. Humfry Mackworth, Mr. Manby, Mr. Rolle, Mr. Henry Fitzjames, Mr. Edmund Jennings, Colonel Whetham, Mr. Edward Cooke, Mr. John Fowell, Captain Baynes, Mr. Stuart, Mr. Jervase Bennett, Mr. Herbert Morley, Mr. Shaftoe, Mr. Bulkeley, Sir Robert Goodwyn, Sir John Copplestone, Mr. Francis St. John, Colonel Talbot, Mr. Francis Gerard, Mr. Tregonnell, Sir Charles Coote, Mr. Edmund Fowell, Sir John Northcote, Mr. Wharton, Colonel Grosvenor, Mr. Trevor, Mr. Hugh Boscawen, Sir Henry Vane, Mr. Swinfen, Mr. Charleton, Mr. Crew, Major Aston, Mr. Guilbert Gerrard, Mr. John Stephens, Mr. Samuell Baldwyn, Sir William Wyndham, Mr. Bayles, Mr. Gell, Mr. Jenkinson, Mr. Bodwrda.

This Committee, according to the foregoing Vote, are to examine the Particulars thereby referred to them: And are to meet To-morrow, at Two of the Clock in the Afternoon, in the Star-Chamber.

Resolved, &c. That this Committee shall have Power to send for Parties, Witnesses, Papers, and Records.

The Question was propounded, That it be referred to the same Committee, to examine the Misdemeanors the House hath been this Day informed of, to have been committed by Mr. Henry Howard, Brother to the Earl of Arundell, at the first Election of Burgesses to serve in this present Parliament for the Borough of CastleRiscing in the County of Norfolke; and at other Elections of Burgesses to serve for other Places in this present Parliament:

And the Question being put, That this Question be now put;

It passed with the Affirmative.

And the main Question being put; It was

Resolved, &c. That it be referred to the same Committee, to examine the Misdemeanors the House hath been this Day informed of, to have been committed by Mr. Henry Howard, Brother to the Earl of Arundell, at the first Election of Burgesses to serve in this present Parliament for the Borough of Castle-Riseing in the County of Norfolke; and at other Elections of Burgesses to serve for other Places in this present Parliament.

Transacting with Other House.

Sir Walter Earle reports from the Committee to whom it was referred to consider of the Manner of transacting with the Other House, the Resolutions of the said Committee.

The first of the Votes of the Committee now reported, was read: And was in these Words; viz. "That such Messages as shall be sent from this House to the other House, shall be carried by Members of this House."

Members not to go out.

Resolved, &c. That none of the Members of the House do go out of the House, without Leave first obtained from the House in that Behalf.

The Question being propounded, That such Messages as shall be sent from this House to the other House, shall be carried by Members of this House;

The Question was put, That this Question be first put.

The House was divided.

The Noes went forth.

So it passed with the Affirmative.

And the main Question being put;

The House was divided.

The Yeas went forth.

So it was Resolved, &c. That such Messages as shall be sent from this House to the other House, shall be carried by Members of this House.

The Second Vote of the Committee, reported by Sir Walter Earle, was in these Words; viz. "That such Messages as shall be sent from the other House to this House, shall not be received, unless brought by Members of their own Number."

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

The House was divided.

The Noes went forth.

So it was Resolved, &c. That this House doth agree with the Committee, That such Messages as shall be sent from the other House to this House, shall not be received, unless brought by Members of their own Number.

Representation of Officers.

A Letter from his Highness the Lord Protector, directed, "To our Trusty and Right well-beloved Thomas Bampfield Esquire, Speaker of our House of Commons; to be communicated to the House;" and signed on the Head, Richard P.; and dated the Eighth of April 1659; was this Day read: And by the said Letter, his Highness represented to the Parliament, The humble Representation and Petition of the General Council of the Officers of the Armies of England, Scotland, and Ireland: Which was read.