The Diary of Thomas Burton
28 January 1658-9

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History of Parliament Trust

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Author

John Towill Rutt (editor)

Year published

1828

Pages

11, 12, 13, 14, 15

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'The Diary of Thomas Burton: 28 January 1658-9', Diary of Thomas Burton esq, volume 3: January - March 1659 (1828), pp. 11-15. URL: http://www.british-history.ac.uk/report.aspx?compid=36893 Date accessed: 25 October 2014.


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Friday, January 28, 1658–9. (fn. 1)

Mr. Peters (fn. 2) prayed, standing.

Mr. Bacon moved, that Wednesday be appointed for a fast in the House.

Mr. Knightley moved for a fast.

Mr. Gerrard moved for Dr. Reynolds (fn. 3) to preach.

Resolved, nemine contrudicente.

Mr. Knightley moved for Mr. Manton, (fn. 4) his parish minister.

Resolved, nemine contradicente.

Mr. Weaver moved for Mr. Calamy. (fn. 5)

Major-General Kelsey moved for Dr. Owen. (fn. 6)

Dr. Clarges moved for Mr. Calamy.

Sir Arthur Haslerigge moved for the same.

Lord Lambert moved for Dr. Owen.

There was a great debate about which should be of the two.

Mr. Grove. To prevent reflection, I move for both to be appointed, and that all the four carry on the work of the day, two preach and two pray; as themselves should agree of it.

Mr. Bacon seconded that motion.

Mr. Bodurda and Mr. Knightley moved to put the question for them singly. Otherwise, you include men's votes, that, haply, would be for one, and not for the other.

A great debate arose which should be put first.

Lord Lambert was for Dr. Owen.

Sir Walter Earle was for Mr. Calamy.

Sir Arthur Haslerigge was for Mr. Calamy, first, and highly commended him.

Mr. Hoskins was for the same.

Resolved, to put Dr. Owen first, because, as it was urged, the motion for him was first seconded.

A debate arose about the place.

Mr. Knightley was for Saint Margaret's church.

Major Burton and Mr. Bodurda were for the House.

Sir Arthur Haslerigge. I am for the House. The minister cannot speak so freely in public, to tell of faults and duties, for a reflection upon the Parliament there, is a reflection upon the nation. People come there with ill ears, to reproach if they can. There is a mixture of hearers. Though there be less room here, and crowding, and want of air; yet I would expose myself to any inconvenience within these walls, to hear our faults and our duties.

Mr. Jenyns. I am sorry to hear this House has so many faults, that they may not be told of them publicly. I move that St. Margaret's be the place.

Resolved, that it be on Friday next, in the House. (fn. 7)

Serjeant Dendy made a set speech for thanks to be given to Dr. Goodwin.

Nobody seconded him. They said the sermon was to the Lords, and they must thank him.

Sir Walter Earle. We must not spend time in compliment. (fn. 8)

Mr. Speaker moved to call the House.

Mr. Scawen moved, not to call it, till the House be full.

Resolved, that the Committee for Elections and Privileges (fn. 9) do, in the first place, consider of those returns, where more than ought to be are returned for one place, and make their report thereof speedily to the House.

Resolved, that all such as will question any elections now already returned, shall do the same by petition, within twenty-eight days from this day, and that those that shall question any elections, to be hereafter returned, shall likewise do the same within twenty-eight days after the return thereof.

Resolved, that the Committee for elections and privileges, do mark and read the petitions to be delivered in to them, concerning questionable elections, in order as they shall be delivered in; and that they do appoint days for hearing and proceeding upon the same, accordingly; and report the same to the House, in order as they shall be determined.

Resolved, that the Committee of elections and privileges do, in the first place, examine the mistake concerning the return of Colonel Salmon, to be one of the members of this House, and do first report the same to the House.

Resolved, that the Committee this day appointed for elections and privileges, do sit, notwithstanding the adjournment of the House. John Smythe, Clerk of the Parliament, to attend the petitions. (fn. 10)

Footnotes

1 "Friday, 28th Jan. 1658–9. This morning I went to Westminster, and the Commissioners for tendering the oath, being fully satisfied that although there was a double return for the borough for which I served, yet, in regard, I was returned by both the returns, that my election stood free from any objection, therefore they made no farther scruples, but gave me the oath, whereupon I presently entered the House." Goddard MS. p. 106. Among these forty-one Commissioners, was Edmund Ludlow, whose attendance in that capacity could not have been expected, but who was named, probably, with the vain hope of conciliating him to the Protectoral usurpation. That inflexible republican, however, sat in this Parliament, without taking the oath. See his Memoirs, ii. 619–623. For the names of the Commissioners, see the Journals. The oath was, verbatim, as quoted, vol. ii. p. 297, note.
2 See vol. i. p. 244.; ii. pp. 346, 420, note.
3 Who, after the Restoration, became Bishop of Norwich. See infra.
4 See vol. ii. p. 311. note.
5 See vol. ii. pp. 320, 373, notes.
6 See Ibid, p. 97, notes.
7 "That the Serjeant at Arms do receive the collection of the charity of this House on the day of humiliation." Journals. "The first thing propounded was, for a day of humiliation and seeking of God, for a blessing upon the endeavours and counsels of the House. The time, the place, the persons, were much controverted. At length it was resolved and so ordered, that, for the time, it should be upon this day sevennight, for the place that it should be within the walls of our own House, and not in St. Margaret's, Westminster. And that, to avoid some inconveniences, which had happened in former times, when such preachings being public, and before a promiscuous auditory, either the ministers, though good men, wanted the liberty which it is fit they should have, in rebuking and reproving the faults and miscarriages of their superiors, the Parliament, or if they did speak plain, and home to the infirmities and faults of their governors, the auditory and people were too apt to take hold of any thing to reproach and scandalize the members for their faults: by which the Parliament itself was brought into great obloquy and disgrace. Besides, sometimes, through indiscretion in the preachers, who sometimes would be too busy and pragmatical, in matters of news and state, ill affected persons came frequently to such exercises, not out of any zeal or devotion, but to feel the pulse of the state, and to steer their counsels and affairs accordingly. Many other inconveniences were apprehended to arise from those public exercises before the body of the Parliament out of their own house. "Besides a very material distinction was used between a private fast of the House, which ought to be only by the House, and in the House, and a public fast wherein the House was concerned with the rest of the nation, and might be observed promiscuously by them, in any place where they pleased. "The persons nominated to officiate, were 1, Dr. Reynold's; 2, Mr. Manton; 3, Dr. Owen; 4, Mr. Calamy, whereof two of them were desired to pray, and two to preach, but to be distributed and ordered as themselves shall think fit. And those members that nominated these persons were to give notice to them respectively." Goddard MS. pp. 107, 108.
8 "It was moved by Serjeant Dendy, with a studied preamble, that thanks might be returned to Dr. Goodwin that preached yesterday, but that was presently cried down, as well in regard that he was not appointed or desired by the Parliament to preach, as for that in truth sufficient care was not taken to give that respect to the members which was fit, in preserving rooms and accommodation of places for them, for Sir Walter Earle affirmed, he could not get any room to hear it." Goddard MS. p. 108.
9 Consisting of 147 members. The names annexed in the MS. are exactly the same as in the printed Journals.
10 "Some moved for the calling over of the House, but that was thought not yet seasonable, in regard many returns were not yet come up, and some thought it rather fit that the Committee of Elections should be first nominated. It was objected that unless the House were called over, many might sit upon double returns, or otherwise, who had no right, but that was thought good reason to proceed to the naming of a Committee of privileges, which might examine, and prevent that inconvenience, but not to hasten the calling over the House, when it could not yet be justly accounted a fault in any man that was yet so early absent. "Therefore, it was unanimously desired that the Committee of Privileges might forthwith be made, that such persons as were unduly kept out by false or double elections, might be brought in, and such other as did sit without good right might be cast out. "Thereupon a Committee was named, of which myself was one, to sit in the Star Chamber this afternoon, at two of the clock, and so afterwards upon Saturdays, Tuesdays, and Thursdays, in the afternoon. "The powers and instructions were to hear all matters of privilege concerning elections. 2dly, That double returns shall be first considered. 3dly, That all Petitions shall be received by the Committee, and marked as they were received, and shall be proceeded in, and reported in the same order as they were marked, that men might the better know how to attend and prepare themselves in their business. "After this Committee was settled, and the House ordered to be called over on Monday morning, the House adjourned over until that time, only a breach of privilege was moved, as offered to the person of a particular member of the House, which happened to be my brother Bish, who, being chosen with one Mr. Turgis, for the borough of Gatton, in Surrey, one Audley, who had been a kind of Major, had stood in competition with them, but Mr. Turgis and my brother Bish, being returned by the officer, and Audley not returned, he conceived himself thereby grieved, and meeting with my brother Bish in Westminster-hall he accosted him with very passionate words. At length, he called Mr. B. rascal, several times, and base fellow, and that he was no gentleman, and that he would set him out in his colours, and, in fine, provoked him to go out of the hall with him, and challenged him plainly to fight with him, and although Mr. Bish did let him know, that he was returned a member of Parliament, yet Audley desisted not. This being represented to the House by Mr. Knightley, and after seconded by Mr. Bulkeley, and thirded by Sir A. Haslerigge, and a precedent by him cited, which, in truth, was his own case against one Holford, who, after Sir A. Haslerigge and another had been elected knights for the county of Leicester, spake openly while the Indentures were sealing, and before they were delivered, or returned, that the county had made good choice of one, but the other was unworthy, or to that effect; yet for these words Holford was sent for up to the bar, committed to the Tower, and fined to the party, and forced to be in prison until Sir A. Haslerigge moved for his freedom. "Hereupon it was ordered that Audley should be sent for up to the bar, in safe custody, to answer the said complaint, and after to be proceeded against as justice and the privilege of the House required." Goddard MS. pp. 109, 110.