House of Commons Journal Volume 9: 26 November 1680

Veneris, 26 die Novembris, 1680.

Prayers.

Answer to Address.

MR. Speaker acquaints the House, That, both Houses having attended his Majesty in the Banqueting House, Yesterday in the Afternoon, with the Address for a Fast; his Majesty was pleased graciously to answer, "That his Majesty will give Order for a Day of Humiliation, as is desired."

Taunton Election.

Ordered, That the Cause concerning the Election for Members to serve in this present Parliament for the Borough of Taunton in the County of Somersett, be heard, at the Bar of this House, To-morrow Morning at Ten of the Clock.

Feltmakers.

A Petition of the Master, Wardens, Assistants, and Company of Feltmakers in London, was read.

Ordered, That the Consideration of the said Petition be referred to the Committee to whom the Bill for the Encouragement of the Woollen Manufacture, by the general Wearing thereof, is committed.

Fine on T. Dare.

A Petition of Thomas Dare, of Taunton, a Prisoner in Execution, for a Fine of Five hundred Pounds, set upon him at the King's Suit, was read.

Ordered, That an humble Application be made to his Majesty, from this House, by such Members thereof as are of his Majesty's most honourable Privy Council, to desire his Majesty to pardon and remit the said Fine.

Judges Proceedings.

Ordered, That the Lord Colraine, Sir Robert Markham, Mr. Upton, Mr. Ayloffe, Sir Philip Parker, Mr. Bond, Mr. Dutton Colt, Sir Robert Henley, Mr. Reynell, Mr. Conningsby, Mr. Duke, Mr. Briggs, Sir Trevor Williams, Mr. Bremen, Sir Francis Russell, Sir Gervase Elwes, Mr. Burwood, Mr. St. John, be added to the Committee appointed to examine the Proceedings of the Judges in Westminster Hall.

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Precedents of Messages.

Ordered, That a Committee be appointed to inspect the Journals of this House, and search Precedents touching the Bringing of Messages from the Lords House; and make Report thereof, with their Opinion therein, to the House: And that in the mean time, the Clerk of this House do respite the Entry of this Message in the Journal of this House.

And it is referred to Sir William Poultney, Sir John Trevor, Mr. Sacheverell, Mr. Harbord, Colonel Titus, Lord Russell, Mr. Paul Foley, Sir Thomas Meres, Mr. Hamden, Mr. Powle, Sir William Jones, Sir Gilbert Gerald, Sir Henry Capell, Sir Fra. Winnington, Sir Thomas Lee, Sir Francis Russell; or any Two of them.

Answer to Address- Earl of Hallifax.

Mr. Secretary Jenkins delivered in an Answer, in Writing, from his Majesty, to the Address relating to the Earl of Hallifax: Which Mr. Speaker read to the House; and is as followeth:

Charles R

HIS Majesty having received the Address of this House relating to the Earl of Hallifax, hath thought fit to return this Answer;

That he conceives the said Address to be liable to several Exceptions: But having a great Desire to preserve all possible good Understanding with this House, He chuses to decline to enter into Particulars, to avoid all Occasions of Dispute: He therefore thinks fit to tell them, That he doth not find the Grounds in the Address of this House to be sufficient to induce him to remove the Earl of Halifax: But he answers them at the same time, That, whenever this House, shall, in due and regular Course prove any Crime either against the said Earl of Hallifax, or any other Person, who either now is, or shall hereafter be, in his Council, He will leave Him or them to their own legal Defence, without interposing to protect them.

Ordered, That his Majesty's Answer be read again To-morrow Morning at Ten of the Clock.

Answer to Address- Dissenters.

Mr. Secretary Jenkins acquaints the House, That his Majesty had been attended by such Members of this House, as are of the Privy Council, with an Address concerning the Protestant Dissenters: And that his Majesty's Answer is, "That they shall be discharged, and without Fees, as far as may be done according to Law: And that they shall be recommended to the Judges."

Trials of Impeached Lords.

Mr. Treby acquaints the House, That he had attended the Lords with the Message desiring their Lordships to appoint a Committee to join with a Committee of this House, for adjusting the Methods and Circumstances relating to the Tryals of the Lords in the Tower: That they would send an Answer to this House by Messengers of their own.

Monmouth Election.

Sir William Poultney reports from the Committee of Elections and Privileges, That the said Committee having taken into Consideration the Matter touching the Election and Return of Members to serve in this present Parliament for the Borough and Town of Monmouth, had agreed upon Four several Resolves: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being again read, are as followeth;

Resolved, That the Election of a Burgess to serve in Parliament for the Borough of Monmouth in the County of Monmouth doth not belong to the Burgesses, Inhabitants of the Borough of Monmouth only.

Resolved, That the Burgesses Inhabitants of the Boroughs of Newport and Uske in the County of Monmouth, have a Right to vote in the Election of a Burgess to serve in Parliament for the said Borough of Monmouth.

Resolved, That Charles Lord Herbert is not duly elected a Burgess to serve in this present Parliament for the said Borough of Monmouth.

Resolved, That John Arnold Esquire is duly elected a Burgess to serve in this present Parliament for the said Borough of Monmouth.

The First of the said Resolves being read;

Resolved, That this House doth agree with the Committee, That the Election of a Burgess to serve in Parliament for the Borough of Monmouth doth not belong to the Burgesses, Inhabitants of the Borough of Monmouth only.

The Second of the said Resolves being read;

Resolved, That this House doth agree with the Committee, That the Burgesses, Inhabitants of the Boroughs of Newport and Uske, have a Right to vote in the Election of a Burgess to serve in Parliament for the said Borough of Monmouth.

The Third of the said Resolves being read;

Resolved, That this House doth agree with the Com mittee, That Charles Lord Herbert is not duly elected a Burgess to serve in this present Parliament for the said Borough of Monmouth.

The Fourth and last of the said Resolves being read;

Resolved, That this House doth agree with the Committee, That John Arnold Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Monmouth.

Westbury Election.

Sir John Trevor reports from the Committee of Elections and Privileges, That the Committee, having taken into Consideration the Matter touching the Election and Return for the Borough of Westbury in the County of Wilts, had agreed upon Four several Resolves: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read again, are as followeth;

Resolved, That Henry Bertie Esquire is not duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

Resolved, That Richard Lewis Esquire is not duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

Resolved, That William Trenchard Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

Resolved, That Edward Norton Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

The First of the said Resolves being read;

Resolved, That this House doth agree with the Committee, That Henry Bertie Esquire is not duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

The Second of the said Resolves being read;

Resolved, That this House doth agree with the Committee, That Richard Lewis Esquire is not duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

The Third of the said Resolves being read;

Resolved, That this House doth agree with the Committee, That William Trenchard Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

The Fourth and last of these Resolves being read;

Resolved, That this House doth agree with the Committee, That Edward Norton Esquire is duly elected a Burgess to serve in this present Parliament for the Borough of Westbury in the County of Wilts.

Ordered, That the Clerk of the Crown do attend Tomorrow Morning at Ten of the Clock, to amend the Return for the said Borough of Westbury.

The House being informed, from the Chairman of the said Committee, of several Miscarriages and Misdemeanors committed by Samuel Gibbs, late Mayor of the said Borough of Westbury, in the said Election;

Ordered, That the said Samuel Gibbs be sent for in Custody of the Serjeant at Arms attending this House; to answer, at the Bar of this House, for the great Misdemeanors by him committed in the said Election and Return.

Agmondesham, &c. Elections.

Ordered, That Mr. Treby do make his Report touching the Election for the Borough of Agmondesham, in the County of Bucks, and for the Borough of Malborough in the County of Wilts, on Monday Morning next.

Monmouth Return amended.

The Clerk of the Crown, being called in, amended the Return for the Borough of Monmouth, by raising out the Name of Charles Lord Herbert; and inserting the Name of John Arnold Esquire, instead thereof.

Protestant Dissenters.

An ingrossed Bill for the Repeal of an Act made in the Thirty-fifth Year of the Reign of Queen Elizabeth was read the Third time.

Resolved, That the Bill do pass: And that the Title be, An Act for the Repeal of a Statute made in the Thirtyfifth Year of the Reign of Queen Elizabeth.

Ordered, That Sir Eliab Harvey do carry up the Bill to the Lords for their Concurrence.

Privilege- a person discharged.

William Rapley, late Bailiff of Haslemere in the County of Surrey, being brought to the Bar, and there kneeling, received the Censure of this House from Mr. Speaker; and was discharged from the Custody of the Serjeant at Arms, paying his Fees.

Superstitious Bequests.

Ordered, That Leave be given to bring in a Bill for the better Discovery of Settlement of Estates given to superstitious Uses.

Impeachment of Mr. Seymour.

The House then resumed the adjourned Debate relating to the Articles of Impeachment against Edward Seymour Esquire, a Member of this House.

The Question being put, That the Consideration of the Articles of Impeachment against Mr. Seymour be referred to a Committee;

It passed in the Negative.

Resolved, That there is Matter sufficient in the First Article to impeach Mr. Seymour.

The Second Article being read;

Resolved, That there is Matter sufficient in the Second Article to impeach Mr. Seymour.

The Third Article being read;

Resolved, That there is Matter sufficient in the Third Article to impeach Mr. Seymour.

The Fourth Article being read;

Resolved, That there is Matter sufficient in the Fourth Article to impeach Mr. Seymour.

Resolved, That Mr. Seymour be impeached upon these Articles.

Ordered, That a Committee be appointed to prepare the said Impeachment.

And it is referred to Sir William Jones, Mr. Vernon, Mr. Fleetwood, Mr. John Trenchard, Mr. Harbord, Colonel Titus, Sir William Poultney, Mr. Papillon, Sir Fra. Winnington, Mr. Paul Foley, Sir Trevor Williams, Mr. Duboys, Sir Thomas Stringer, Sir Thomas Player, Sir Henry Capell, Mr. Montague, Sir Gilbert Gerald, Mr. Booth, Mr. Love, Sir William Waller, Serjeant Rigby, Sir Christopher Musgrave, or any Three of them: And they are to meet at Three of the Clock this Afternoon, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Ordered, That it be referred to the same Committee to consider of Precedents concerning the Committing a Member to Custody, when impeached in Parliament: And to report the same to the House.

The Question being put, That Sir Christopher Musgrave be added to the said Committee;

The House divide.

The Noes go forth.

And so it was resolved in the Affirmative.

Committees.

Ordered, That all Committees that are discontinued, be revived; and do sit this Afternoon in the Places formerly appointed.

And then the House adjourned to Eight of the Clock To-morrow Morning.