Veneris, 17o Februarii
SIR W... electeth for Poole; Mr. Drake for Devon: Mr. Littleton for Lemster.
A Petition read, concerning a corrupt Election by the Bailiff of Bridport.
Sir Rich. Strode, pressed to name who was so chosen, named Sir Lewes Dyve.
Upon Question, the Examination hereof committed to the Committee for Privileges.
Mr. Chancellor Duchy, electeth for Leycester, and waveth Lancaster.
Eryth, &c Marshes.
L. 1a. An Act for the Settling and Dividing of certain Marsh-lands, lately surrounded, and now recovered, and inned from the Inundation of the River of Thames, lying in the Parishes of Eryth and Plomsteade, &c.
Ld. Morley's Estates.
L. 1a. An Act for the perfect Settling and Confirmation of the Estates, and Customs, of the Customary Tenants of the Right honourable Henry Lord Morley and Lord Mounteagle, Baron of Rye, within the Manor of Hornby.
L. 1a. An Act for avoiding of the Increase of Cottages, in Cities, Boroughs, Towns-corporate, and Market-towns.
Courts of Equity.
L. 1a. An Act for Reversing, Altering, or Correcting, of erroneous Sentences, Judgments, Decrees, or Orders, in Courts of Equity.
Secret Offices : - This Afternoon, in the former Place. Mr. Sherfeild, Mr. Solicitor, and Mr. Whistler, added to the Committee ; and Mr. Serjeant Hitcham, and Mr. Clarcke, and Mr. Lowther.
Bury Return amended.
The Clerk of the Crown, the Town Clerk of Bury, and the Sheriff of Suffolke, called in; and, at the Bar, it being down, Mr. Speaker let them know the Order of the House, for Amendment of the Return in the Date of the Indentures of Election : They were all called up to the Table ; where the Town Clerk amended the Date in One Part, from 30 Jan. to 11o Jan. and the Sheriff did the like to the other Part.
Privilege-Arrest of a Member.
Upon Question, after this Amendment, Mr. Gifford to have Privilege, to be delivered out of Execution; and a Warrant to the Clerk of the Crown, for an Habeas Corpus, to bring him hither To-morrow Morning, Eight of the Clock.
Privilege - Member excommunicated.
Motion made where Sir Ro. Howard, during Privilege of Parliament, was excommunicated, for not taking the Oath ex Officio.
Sir D. Digges : - That he is already absolved by a great Assembly at an high Committee, whereat above Twelve Bishops.
Mr. Selden : - Clear, that Breach of Privilege, in One Parliament, may be punished in another succeeding. - Halle's Case. -
That, by the Canon Law, every one, under the Excommunication major, maketh all them subject to the Excommunication minor, which kept him Company ; where he
being a Member of this House, and here amongst us, we all, upon the Matter, excommunicated.
Sir Jo. Ellyott; - To refer the Examination of all this to the Committee for Privileges; with Power to send for any Persons, or Books, which shall be fit to discover the Truth hereof.
Resolved, upon Question, To refer this to the Examination of a select Committee. -
Mr. Selden, Sir Ro. Harley, Sir Nath. Rich, Sir P. Haman, Lord Cavendish, Sir Jo. Finch, Mr. Littleton, Sir Jo. Ellyott, Mr. Wandesford, Sir Wm. Spencer, Mr. Sherland, Sir M. Fleetwood, Mr. Noy, Sir Jo. Mounson, Sir W. Earle, Sir Francis Barrington: This Committee shall take Consideration of the Restraint and Excommunication of Sir Ro. Howard; and hath Power to send for Books, and Records, and Persons, to inform them; and to make their Report to the House, of their Proceedings and Opinions therein. - To meet this Afternoon, Two Clock, in the Exchequer Chamber.
Oath ex Officio.
The Bill against the Oath ex Officio, to be brought in by the Clerk To-morrow.
Sir Tho. Badger his Man brought to the Bar, being down; and the Writ of Habeas Corpus, and the Return thereof, being tendered by the Keeper of the Gatehouse, they were brought up, and read by the Clerk; and the Word, " virtute," being defective, he was commanded to go out, and amend it: Which done, they were brought in again; and Mr. Speaker delivered the Keeper the Pleasure of the House, to enlarge the . ..
Sir Jo. Finch reporteth, from the Committee for Privileges, 1. For Grampound. - The Committee satisfied, that Mr. Thomas well elected. - Three returned; viz. Mr. Thomas; Sir Ben. Rudyard, who hath waved, and elected another; 3ly, Mr. St. Abyn. - The Committee of Opinion, Mr. Thomas shall be presently received into the House. - Resolved.
Resolved, A new Writ, for a new Choice for the other.
Sir Jo. further reporteth the Case for the Knight for Dorsett. -
The Day of Election, 30o Jan. Sir Tho. Freake clearly elected ; but, at the Beginning of his Election, no Mention of any, for the second Place. Some Time after, some called Sir . . Moreton; others, upon Mr. Browne. Hereupon they divided. That the Sheriff, by the Advice of some Gentlemen there (to which Part affected, not cleared) set down the Frame of an Oath, for Freehold, and for being there at the Reading of the Writ. That the Poll being demanded, divers were refused on either Part, for refusing this Oath of being there at the Time of the Writ read; but the Proof something stronger, that more refused upon Sir Geor. Moreton's Part, than on the other, -
That the Sheriff gave no Judgment, but retired into a Chamber, refusing to admit any of either Part; but privately numbered the Names, by which, he said Sir Geo. Moreton had One Voice more than Sir George : But after, Three Voices accepted for Sir Geor. Moreton; and some, tendered for Mr. Browne, refused; saying, he had taken none, nor would. -
The Committee of Opinion, 1. That the Oath undue : 2ly, That the Election of Sir Geor. Moreton not good. - That they did suspect, but not condemn, the High
Sheriff, Under Sheriff, or County Clerk.
Resolved, first, upon Question, That a Warrant shall issue for a new Writ, for Choice of One Knight for Dorsettshyre, in the room of Sir Geor. Moreton.
Upon a second Question, neither the High Sheriff, Under Sheriff, nor County Clerk, to be sent for as Delinquents.
Moved, to adjourn till Monday: But Resolved, To sit To-morrow some Two Hours in the Forenoon.