Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Lunæ, 28 die Octobris; 1° Gulielmi et Mariæ.
Westminster, &c. Courts of Conscience.
A BILL for erecting a Court of Conscience for the City of Westminster, Borough of Southwarke, Tower Hamlets, and Out Parishes within the Weekly Bills of Mortality, was read the First time.
Resolved, That the Bill be read a Second time.
A Petition of Wm. Strode, Esquire, was read; setting forth, That, upon the Death of Oliver St. John, Esquire, who lately served in this Parliament for the Borough of Stockbridge in the County of Southampton, a Writ did lately issue for electing another Member there; and that Twenty-sixth September last was the Day for the Election; and the Persons in Nomination were Wm. Montague, Esquire, and the Petitioner: That the Petitioner was then duly elected by the Majority of the legal Electors: Yet the said Wm. Montague, by undue Practices, prevailed with Richard Hews, Constable or Bailiff of the Borough, to return the said Montague as duly elected; whereas he was not; and whereby the Petitioner is deprived of his Right in Sitting in this House: And praying the Consideration and Relief of the House.
Ordered, That the said Petition be referred to the Consideration of the Committee of Elections and Privileges; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.
A Petition of Wm. Reeves, and others, Burgesses of Stockbridge in the County of Southampton, was read; setting forth, That Stockbridge is a Borough by Prescription; and hath Right to send Two Burgesses to Parliament: That Oliver St. Johns, Esquire, one of the Members of the said Borough, being lately dead, and a Precept directed to the Bailiff, for electing another Member, the Twenty-sixth Day of September was the Day appointed for the Election; when Wm. Strode, Esquire, was duly chosen by the Majority of the Electors: But Wm. Montague, Esquire, and Richard Hews the Bailiff, by Bribery, and other undue Practices, prevailed with some of the Electors to vote for the said Montague, whom the Bailiff hath returned in prejudice of the Petitioners: And praying the Consideration and Relief of the House therein.
Ordered, That the said Petitioner be referred to the Consideration of the Committee of Privileges and Elections; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.
Earl of Castlemaine committed.
The House being informed, that the Governor of the Tower had brought up the Earl of Castlemaine; and that they attended at the Door;
The Earl was brought in to the Bar; and heard what he could say to the Matters he was charged withal.
And being withdrawn;
Ordered, That the Earl of Castlemaine be charged in the Tower, by Warrant from this House, for High Treason, and other High Crimes and Misdemeanors.
Resolved That there be inserted, in the said Warrant, these Words, "in endeavouring to reconcile this Kingdom to the See of Rome."
Message touching commitment of Earl Salisbury.
A Message from the Lords, by Sir Miles Cooke and Sir James Astry;
Mr. Speaker, We are commanded by the Lords to acquaint this House, That they have committed the Earl of Salisbury to the Tower.
And then the Messengers withdrew.
Charges against Sir T. Jenner.
The House being informed, that the Serjeant had brought up Sir Thomas Jenner; and that he attended at the Door;
He was brought in to the Bar; and charged with such Things as the House had been informed of concerning him; and he desiring Time to answer thereunto.
And then withdrew.
Ordered, That Sir Thomas Jenner have Time, till thisday-sevennight, to answer to such Matters as he was this Day charged withal by this House: And that, in the mean time he do continue in the Custody of the Serjeant at Arms.
And he being called in again; Mr. Speaker acquainted him therewith.
Earl of Castlemaine's Imprisonment.
The House being informed, that the Earl of Castlemaine desired to be admitted to say something further to the House;
He was brought in to the Bar accordingly: Where he desired, That he might have the Liberty of the Tower, and of his Servants, and others, to come to him; and not be confined close Prisoner, as Orders were of late given he, and other Prisoners there, should be.
And being withdrawn;
Abuses of Imprisonment by Gaolers.
And a Debate arising in the House, touching the close Confinement and ill Usage of Prisoners in Newgate, and several other Prisons, by the Gaolers;
Resolved, That a Committee be appointed to prepare and bring in a Bill for the better regulating the Imprisonment of the Subject.
And it is referred to Mr. Hawles, Mr. Arnold, Sir Wm. Williams, Sir Thomas Lee, Mr. Garway, Sir John Banks, Mr. Palmes, Colonel Birch, Sir Rob. Cotton, Mr. Paul Foley, Lord Brandon, Sir Rob. Clayton, Mr. Sacheverell, Sir Tho. Littleton, Mr. Fenwick, Mr. Grey, Sir Jos. Tredenham; or any Three of them: And it is recommended to Sir Thomas Lee, and Mr. Hawles to take care of the Matter.
Resolved, That it be referred to the same Committee, to examine into the Abuses committed by Gaolers to their Prisoners; and report the same to the House: And they are to meet at Three of the Clock, in the Speaker's Chamber.
Resolved, That Mr. Attorney General be ordered to prosecute Mr. Richardson, the Keeper of Newgate, for his illegal Usage of several of the King's Subjects, during their Imprisonment.
Answer to Address.
Mr. Hamden acquaints the House, That he, with others of his Majesty's Privy Council, had attended his Majesty with the Address of this House, That his Majesty would be pleased to direct, that a State of the War for the ensuing Year be prepared to be brought into this House: And that his Majesty was pleased to say, It should be done; and it was preparing.
The House to go to Dinner at Guildhall.
Sir Robert Clayton acquaints the House, That the City of London had considered of a Way for the House to go to Dinner into Guildhall To-morrow, without Crowding or Disturbance; viz. through St. Lawrence Church: And therefore desired them to repair thither, accordingly.
Bill of Pains and Penalties.
Ordered, That the adjourned Debate, touching the Number of Persons to be mentioned in the Bill of Pains and Penalties, be resumed upon Wednesday Morning next, at Ten of the Clock.
A Petition of Martin Ryder, Esquire, was read; setting forth, That the Petitioner being duly elected for the Borough of Plymouth in the County of Devon, in the room of Arthur Earl of Torrington, by the Majority of Electors polled, and allowed by Wm. Symonds, Esquire, then Mayor of the Borough; yet, that the said Mayor hath returned the honourable John Granvile, Esquire, in Prejudice of the Petitioner: And praying the House to take the Merits of the said Election into their Consideration; and to appoint a Day for the Hearing the same, and giving Redress therein.
Ordered, That the said Petition be referred to the Consideration . . . . . of Elections and Privileges; to examine the Matter thereof; and report the same, with their Opinions therein, to the House.