Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.
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Jovis, 18 Martii
Privilege - Sir T. Gerard.
Mr. Selden reports for the Bill of Wales.- - Have searched the Records: Have looked upon the Roll. That as imperfect, as the printed Book : but the Bill, that passed, rectifies it. - That but once, and in the first Place. - Another Difference. -
Bills from Lords.
Prisoner brought up and Discharged.
Winchelsey an Incorporation : - Mayor, Jurates, and Freemen: Now Eight, with the Mayor: Freemen Eleven. Agreed, they ought to elect. They met at the Common Hall. A Question, whether Two Tildens ought to have Voice, because non-resident in the Town; One, Five Months; another, Six. A Decree made, that whosoever should not dwell there within Three Months, should lose his Voice. Mayor proceeded not, till these Two withdrawn. Before they went, said, they gave their Voices for Sir Alexander Temple. When they were gone, Sixteen present. Then the Precept read, and the Mayor, and Seven of those, gave Voice One Way: Other Eight gave an-nother Way, for Temple. Upon this, a new Question, Whether, by Custom of that Place, the Mayor, upon Equality of Voices, could carry the Election. -
Urged by Mr. Finch's Counsel, that he ought to have it: But, upon Debate, the Committee not satisfied. Not appeared, the Mayor had any such Privilege: Rather the contrary : No Example for it. Some consenting afterward, they conceived, the Mayor had cast; and therefore over-ruled, that Mr. Finch chosen; and putting Hands to Indenture after; no Assent, but in Assembly. - The Committee resolved, that these Tildens, excluded, ought to have Voices. Reasons : - This Decree could not alter the Law. 2. Reason: Found these Tildens exercised the Quality of Freemen : Had empty Houses in the Town: - Mayor himself had been out of the Town Two Year, yet served as Mayor: - Had their Share in
Winchelsey Election Punishing the Mayor.
2. No good Election of Mr. Finch, because these Men excluded unjustly. Yet they likewise conceived, that Alex. Temple not duly elected, because those Men gave not their Voice at the Time of the Election; and therefore, a new Writ.
3. The Misdemeanor of the Mayor. - Agreed, he had committed a Contempt against this House, in hindering a due Election. 1. Gave not sufficient Warning, but over-night, when the Election to be next Morning. 2. He gave Warning generally : No Man knew wherefore he came. 3. Would not disclose the Cause of their Meeting. 4. He did threaten One to disfranchise him: And he confessed, he had Cause to do so.
Lastly, for Punishment, they propound, that this Man as worthy of Punishment as the Sheriff of Cambridgeshire. - To be committed to the Serjeant; and then to make his Submission in this House, and then afterwards in the Country.
Resolved, Upon Question, That the Mayor of Winchelsey hath committed a Contempt and Misdemeanor against this House, and shall therefore stand committed to the Serjeant, till Saturday Morning; and then, making his Submission here at Bar, to be discharged from any further Punishment here but to make his Acknowledgement in the Town before the new Election.
- Concerning the * ; the Words he spake upon Report. - He is sorry for it, that he hath offended so honourable a Person. For Sir Alex. Temple; knew him not before, but only by Report. For the Warning; as it used to be : - All therefore present. - Their Custom never to declare the Cause of their Meeting, till come in open Court. - Sorry he hath offended.