House of Commons Journal Volume 9: 22 November 1669

Die Lunæ, 22 Novembris, 1669. 21 Car. II.

Prayers.

HEster Palmer did this Day take the Oaths of Allegiance and Supremacy before the Speaker, at the Clerk's Table, in order to her Naturalization.

Pearle's Estate.

A Petition of Richard Pearle, Gentleman, was read; desiring Leave for a Bill to cut off a Recovery, which was obtained by Practice:

And Leave being given, a Bill was delivered in.

A Bill on the Behalf of Richard Pearle, Gentleman, for cutting off a Recovery obtained by Practice, was read the First time.

Ordered, That this Bill be read the Second time, after Ten of the Clock, on Wednesday next.

Beckham's Estate.

A Bill to enable a Sale of Lands for Payment of the Debts, and raising of Portions for the younger Children of John Beckham Esquire, was read the First time.

Resolved, &c. That this Bill be read the Second time on Wednesday next.

Evesham Election.

Sir Job Charlton reports from the Committee of Elections the State of the Case concerning the Election for the Borough of Evesham, upon the Petition of Sir James Rushout; and the Questions arising thereupon, being Three, viz.

1. Whether the Mayor, Aldermen, and capital Burgesses only, or the Burgesses at large, had the Right of Election:

2. Whether the Election was good or void:

3. Who had the Majority of Voices.

And that the Committee were of Opinion, that the common Burgesses had Voices in Election; and that the Election by the Mayor, Aldermen, and chief Burgesses, was not good: That the Election was not voted: That Sir James Rushout had the Majority of Voices, and was duly elected.

The Question being put, To agree with the Committee, that the Right of Election is in the common Burgesses; and that the select Election by the Mayor, Aldermen, and chief Burgesses, was not good;

The House was divided.

The Noes went out.

Tellers,

And so it was resolved in the Affirmative.

The Matter being debated, Whether the Denial of the Poll did avoid the Election;

The Question being put, To agree with the Committee, that the Election is not void;

The House was divided.

The Noes went out.

Tellers,

And so it passed in the Negative.

Resolved, &c. That the Mayor of the Borough of Evesham be sent for in Custody of the Serjeant at Arms attending this House, for his Misdemeanor and Miscarriage, in making the Return for the Borough of Evesham, and denying the Poll.

Ordered, That Mr. Speaker do certify the Lord Keeper of the Great Seal of England, that the House have this Day resolved the Election to be void which was lately made upon the Death of Sir Abraham Cullen, who lately served as a Member of this House of Commons, for the Borough of Evesham in the County of Worcester, desiring him, that a Writ may issue forth, under the said Great Seal, for the electing of a new Member to serve in this present Parliament in his Place and Stead.

Conventicles.

Ordered, That Col. Stroud, Lord Richardson, Sir Wm. Hayward, be added to the Committee for suppressing seditious Conventicles.

Committee of Privileges.

Ordered, That Mr. Pierpoint, Sir Wm. Hartopp, Sir Jo. Austin, Mr. Swynfen, Mr. Jo. Bennett, Mr. Foulk Grevill, Mr. Henley, Mr. Steward, Sir Jo. Fagg, Mr. Hambden, Mr. Edw. Lewis, Mr. Hayles, Mr. Goring, be added to the Committee of Privileges and Elections.

Publick Accounts.

Ordered, That this House will, To-morrow Morning Nine of the Clock the first Business, proceed in the further Consideration of the Report of the Commissioners for Accounts; nothing to intervene: And the Commissioners are desired to be then present.

Delay of a Writ.

A Complaint being made, of some Neglect or Miscarriage, committed by Mr. Serjeant Flint, a Member of this House, in detaining in his Hands the Writ for electing a Member to serve for the Town of Tamworth, whereby the Election hath been delayed;

And one Mr. Ferrers being called in, and heard, at the Bar of this House, what he could inform in this Matter;

And being withdrawn;

A Member reprimanded.

And Mr. Serjeant Flint being, by Command of the House, withdrawn; and the Matter debated; the House being of Opinion, that there was a Miscarriage in this Matter by the said Mr. Serjeant Flint; who being called into his Place, Mr. Speaker, by the Command of the House, having given him a Reprehension for the same: And so was excused.

Corn and Grain Measures.

Ordered, That Mr. Rigby and Mr. Otway be added to the Committee, to which the Bill for ascertaining the Measures of Corn and Grain, was committed.

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