House of Commons Journal Volume 11: 6 February 1695

Mercurii, 6 die Februarii;

Sexto Gulielmi Tertii.

Prayers.

Compelling the predection of Sir P. Pindar.

ORDERED, That the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to compel Edward Williams Esquire to bring forth the Person of Sir Paul Pindar Baronet, is committed, have Liberty to sit in a Morning before the Sitting of the House: And that they sit To-morrow Morning.

Cosserat's, &c. Nat.

An ingrossed Bill, from the Lords, intituled, An Act for Naturalizing of Bernard Cosserat, alias Mourte, and Alexander Ringli, and others, was read the Second time.

Resolved, That the Bill be committed to Mr. Boscawen, Sir Edward Ayscough, Mr. Lowther, Mr. Bale, Mr. Bowyer, Mr. Popham, Mr. Ryder, Sir Fra. Massam, Mr. Stonehouse, Sir Robert Eden, Sir John Cotton, Mr. Gee, Mr. Christie, Mr. Clarke, Sir Tho. Littleton, Sir John Bolls, Sir Richard Onslow, Mr. Norres, Mr. Waller, Mr. Dyot, Mr. Gerrard, Mr. Hedger, Mr. Hungerford, Mr. Freeman, Sir Chr. Greenfield, Mr. Lutterell, Mr. Shackerley, Sir Wm. Honeywood, Colonel Titus, Mr. Wilmot, Sir Jos. Tredenham, Mr. Mawdit, Mr. Palms, Mr. Buckley, Mr. Morris, Mr. Nicholas, Sir Jonath. Jennings, Mr. Thornhaugh, Sir John Moreton, Sir Ralph Dutton, Mr. Burdet, Sir Fra. Guibon, Mr. Arnold, Mr. Speake, Mr. Cooke, Mr. England, Mr. Kendal, Mr. Lampton: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chambers.

Privilege in relation to Suits at Law.

Ordered, That Mr. Bowyer, Mr. How, Mr. Freke, Sir Robert Eden, Mr. Colt, Mr. Foley, Mr. Lowther, Mr. Winnington, Mr. Mawdit, Sir Fra. Drake, Sir Edward Hussey, Mr. Waller, Sir Jos. Tredenham, Sir Richard Temple, Mr. Onslow, Mr. Hungerford, Mr. Clarke, Mr. Speake, Sir John Bolls, Mr. Stockdale, be added to the Committee, to whom it is referred to consider how the Privileges of the Members of this House, in relation to Suits in Law and Equity, may be regulated.

Cruisers.

Sir John Lowther, from the Commissioners of the Admiralty, presented to the House an Account of Cruisers, according to Act of Parliament, signed by the said Commissioners.

The Title whereof was read.

Ordered, That the said Account do lie upon the Table, to be perused by the Members of the House.

Refusal to attend the summons of a Committee.

Mr. Brewer acquainted the House, from the Committee, to whom the Examination and Consideration of the Petition of Thomas Kemp and others, of the ancient Four hundred Hackney Coachmen, was committed, That one Thomas Fitz-Harris hath been several times summoned to attend the said Committee, but did not attend.

Ordered, That the said Thomas Fitz-Harris be sent for in Custody of the Serjeant at Arms attending this House, for contemptuously neglecting to attend the said Committee.

Privilege—Censures for false Returns.

Sir John Bolles reported from the Committee appointed to inspect Precedents of what Censures have been inflicted upon Officers, for making false Returns of Members to serve in Parliament; and to report the same to the House; That they had searched several Journals; and had directed him to report to the House the case between Sir Thomas Savile and Mr. Hoyle, touching an Election for York, 4° Car. I.: Which he read in his Place, and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Journal, N° 4. 29 Apr. 4° Car. I.

Mr. Hackwell reported, from the Committee of Privileges, the Case concerning the Sheriffs and Aldermen, sent for from York.

Sheriff Thompson censured: 1st, For precipitating to Sentence for Sir Thom. Savill's Election, purposely to put out Mr. Hoyle: 2dly, The Refusal of the Poll demanded by Mr. Hoyle. He acquainted not his Fellow Sheriff with it: Pronounced it within a Quarter of an Hour after the Reading of the Writ: Was admonished not to do it, while doing it: Answered, He would do it and justify it. His Excuses holden idle: His Behaviour at the Committee very full of Offence. A Message to him, That he should be saved harmless.

Alderman Hemsworth charged with undue Preparations; conventing several Companies, to the end, as it had been for the Business of the City; there read Sir Thom. Savill's Letter to them: Solicitations for Sir Tho. Savill, both publick and private: Said, He was persuaded the Parliament would not hold, and then they knew Sir John Savill's Power; assuring them, they should be saved harmless, in choosing Sir Tho. Savill: Persuaded Atkins to conceal, that he had * * Assurance, to save the Electors of Sir Thomas Savill harmless: Unduly procured Hands to confirm Sir Thomas Savill's Election, and reviled honest Men for not subscribing it.

Alderman Cooper and Sheriff Atkins to be discharged, paying their Fees, per the Opinion of the Committee.

Upon the Question, Cooper to be discharged, paying his Fees, without further Censure.

Upon the Question, Sheriff Atkins to be discharged, paying his Fees, without further Censure.

Upon the Question, Sheriff Thompson and Alderman Hemsworth to be re-committed to the Serjeant at Arms, during the Pleasure of the House; and not to be discharged, till they have made Submission and Acknowlegement, at the Bar of the House, of their Offence, upon their Knees.

And not to be discharged before they have paid their Fees.

Upon the Question, Mr. Thompson and Mr. Hemsworth, now censured for their Misdemeanor about the Election, to pay the Charges of the Witnesses, which came up about the Election; and not to be discharged till they have paid.

Upon the Question, Four Members were appointed to tax the Charges, and to return the same to the House.

30 Apr. 4° Car. I.

Sir P. Hayman reported from the Committee for Examination of the Charges of the Witnesses from York, That they have abated from 40l. and odd, to 20l.

Sheriff Thompson and Alderman Hemsworth called in; and, kneeling at the Bar, their Judgment, as ordered upon the Questions, pronounced unto them by Mr. Speaker.

2d May, 4 Car. I.

Alderman Hemsworth and Sheriff Thompson, having paid their Fees to the Clerk and Serjeant, and the 20l. to Mr. Hoyle, were called in; and kneeling, acknowledged their Offence, in unduly preparing, and returning Sir Tho. Savill, a Citizen for York, to serve in this Parliament.

Resolved, That the Matter be re-committed to the same Committee: And that they do inspect the Journals; and report what other Precedents they shall find to the House.

Resolved, That it be an Instruction to the said Committee, That they do inspect Precedents of what Censures have been inflicted by this House, upon Persons that have broken the Privileges of the House; and report the same.

Committees.

Ordered, That all Committees be revived.

Tryals in Lancashire.

The House, according to the Order of the Day, proceeded further in reading the Informations and Papers delivered in to the House by Mr. Aaron Smith, touching the late Proceedings and Tryals in Lancashire and Cheshire:

And Mr. Lunt's Information was read through:

And also Mr. Wilson's and Mr. Wombwell's Informations.

And several Letters, and other Papers, delivered into the House by Mr. Aaron Smith, were also read; among which were several printed Papers, as an Act recognizing the late King James in Ireland; and several Proclamations dated at Dublin.

Ordered, That Candles be brought in.

And they were so.

Candles.

A Motion being made and the Question being proposed, That there does appear to this House, that there was sufficient Grounds for the Prosecutions and Tryals of the Gentleman at Manchester;

An Addition was proposed to be made, by inserting between "that," and "there," these Words; viz. "before the Falsity of the Witnesses was detected."

And the Question being put, That those Words be added to the Question;

The House divided.

The Yeas go forth.

So it passed in the Negative.

Resolved, That there does appear to this House, that there was sufficient Grounds for the Prosecution and Tryals of the Gentlemen at Manchester.

A Motion being made, and the Question being put, That, upon the Informations and Examinations before this House, it does appear, that there was a dangerous Plot carried on against the King and Government;

The House divided.

The Yeas go forth.

So it was resolved in the Affirmative.

Papers to be burnt by Hangman.

Resolved, That an Act of the pretended Parliament of Ireland, held in the Year 1689, recognizing the late King James, be burnt by the Hands of the common Hangman.

Resolved, That a printed Paper, intituled, "A Proclamation," dated at Dublin, the First Day of April 1689, be also burnt by the Hands of the common Hangman.

Resolved, That another printed Paper, intituled "A Proclamation, "dated at Dublin, the Fourth Day of May 1689, be also burnt by the Hands of the common Hangman.

Ordered, That the said Acts, and printed Papers, be burnt in the Old Palace-Yard, Westminster, upon this Day Sevennight, being the Thirteenth Day of February instant: And that the Serjeant at Arms attending this House do see the same done: And that the Sheriffs of London and Middlesex do assist the Serjeant at Arms therein.

And then the House adjourned till To-morrow Morning, Nine a Clock.