House of Commons Journal Volume 9: 1 April 1679

Martis, 1 die Aprilis, 1679.

Prayers.

Preachers on Fast-Day.

ORDERED, That Doctor Jane be desired to preach before this House on the Eleventh Day of April Instant in the Morning; and that Mr. Sharpe be desired to preach before this House on that Day in the Afternoon; being the Day appointed by his Majesty for a solemn Fast and Humiliation: And that Doctor Edysbury do give Notice to Doctor Jane, of the Desire of this House; and Mr. Wogan to Mr. Sharpe.

Norfolke Election.

Ordered, That the Matter of the undue and illegal Practices in the Election of Knights of the Shire to serve in this present Parliament for the County of Norfolke, which was appointed to be heard at the Bar of this House on Friday the Eleventh Day of April Instant, be adjourned till Saturday the Twelfth Day of the same Month.

Privilege- Libellous Publications.

The House being informed, that there is a false and scandalous Pamphlet dispersed abroad, which goes by the Name of "Sir Francis Winnington's Speech:"

And a Copy thereof being this Day delivered to the House;

It is thereupon Ordered, That a Committee be appointed to inquire into the Authors and Publishers of the said Pamphlet; and also of any other Pamphlets of the like Nature; and report the same to the House.

And it is referred to Sir Anth. Irby, Mr. Colt, Sir Tho. Meers, Sir Thomas Stringer, Colonel Birch, Mr. May, Sir Robert Peyton, Colonel Titus, Lord Russell, Mr. Parteridge, Sir Thomas Lee, Sir Francis Russell, Mr. Buller; or any Three of them: And they are to meet this Afternoon at Three of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Montgomery Election.

Sir Thomas Meers reports from the Committee of Elections and Privileges, That the Committee had taken into Consideration the Matter of the Return for the Borough of Montgomery; and had agreed upon a Report: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth, viz.

There are Two Indentures, both dated the Eighteenth of February; One between John Williams Esquire, Sheriff of the County of Montgomery, of the One Part; and Edward Whittingham and Roger Jones Bailiffs, and many Burgesses of the said Borough, of the other Part (wherein Mr. Matthew Price is returned); and is signed by both the Bailiffs, and many Burgesses; and a large Seal against the Bailiffs Names; and a Seal to each of the Burgesses Names.

The other Indenture is between the same Sheriff, of the One Part; and many Burgesses of the Borough of Montgomery, Poole and Landvilling, in the same County, of the other Part (whereby Mr. Edward Lloyd is returned); and is signed by many of the said Burgesses, but not either of the Bailiffs hands; nor any Seal at all.

Whereupon the Committee came to the Resolution following; viz.

Resolved, &c. That it is the Opinion of this Committee, That the Indenture wherein Matthew Price Esquire is returned to serve in this present Parliament for the Borough of Montgomery, is well and duly returned, and by the proper Officers; and that thereupon he ought to sit in this present Parliament, as well returned for the said Borough of Montgomery.

Resolved, &c. That this House doth agree with the Committee, That the Indenture wherein Matthew Price is returned to serve in this present Parliament for the Borough of Montgomery, is well and duly returned, and by the proper Officers; and that thereupon he ought to sit in this present Parliament, as well returned for the said Borough of Montgomery.

Brecon Election.

Sir Thomas Meers further reports from the said Committee, That the Committee had taken into Consideration the Matter of the Return for the Borough of Brecon; and had agreed upon a Report: Which he read in his Place; and afterwards delivered the same in . . the Clerk's Table: Where the same was read; and is as followeth: viz.

An Indenture, dated Twenty-Eighth of February last, made between Richard Jones and Lancelot Herbert, Aldermen of the Borough of Brecon, and many others, Burgesses of the said Borough, of the One Part; and Thomas Bulcott Sheriff of the said County, of the other Part; witnessing, That by virtue of a Mandate to the Bailiff of the said Borough directed, the said Aldermen and Burgesses had chosen Thomas Mansell Esquire Burgess for the said Borough: In Witness whereof, the said Aldermen and Burgesses had set their Hands and Seals: And accordingly there . . . the Hands and Seals of the said Aldermen, and a Multitude of others: But the Bailiff is neither Party to the Indenture, nor his Hand or Seal to it. And also,

There is another Indenture affixed to it, dated the same Day, made between the said Sheriff of the County of Brecon, of the One Part; and John Waters Esquire, Bailiff of the said Borough, of the other Part; witnessing, That the said Bailiff, with the whole Assent and Consent of the rest of the Burgesses there, by virtue of a Warrant of the said Sheriff to the said Bailiff directed, hath made Choice and Election of John Jeffreys Esquire, to be Burgess for the said Borough: In Witness whereof the said Bailiff and Burgesses have set, not only the Common Seal of the said Borough, but also their own Hands and Seals: And accordingly there is a Broad Seal affixed to it; and it is subscribed, John Waters Bailiff; and many other Hands and Seals are also set thereunto.

Whereupon the Committee came to the Resolution following; viz.

Resolved, &c. That it is the Opinion of this Committee, That the Indenture wherein John Jeffreys Esquire is returned to serve in this present Parliament for the Borough of Brecon, is well and duly returned, and by the proper Officer; and that thereupon he ought to sit as well and duly returned to serve in this Parliament for the said Borough of Brecon.

Resolved, &c. That this House doth agree with the Committee, That the Indenture wherein John Jeffreys Esquire is returned to serve in this present Parliament for the Borough of Brecon, is well and duly returned, and by the proper Officer; and that thereupon he ought to sit, as well and duly returned to serve in this Parliament for the said Borough of Brecon.

Dover Election.

Sir Thomas Meres further reports from the said Committee, That the Committee had taken into Consideration the Matter of the Return for the Port of Dover; and had agreed upon a Report: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth, viz.

The Writ is directed, Constabulario Castri Dover, ac Custod' quinq; Portuum, vel eis Locumtenentibus ibidem: Upon which Writ is indorsed thus; "Executio istius Brevis patet in quibusdam Schedul' huic Brevi annex' Respons' Johannis Strode, Armigeri Locumtenentis Domin. Regis Castri Dover," &c. To which Writ is affixed a Precept made by John Strode Esquire, the King's Lieutenant of Dover Castle, directed to the Mayor, Jurats, and Commonalty of the Town and Port of Dover in the County of Kent; to chuse Two Barons for the said Port: Upon which Precept is indorsed thus; Executio istius Mandati patet in quadem Indentura huic annex' per Major' Jurat' & Communitat' Ville & Port' Dover in Comuni prædict'.

There is affixed to the said Writ an Indenture, dated the Third Day of March last, made between John Strode Esquire, Lieutenant of his Majesty's Castle of Dover, of the One Part; and the Mayor, Jurats, and Commonalty, of the said Town and Port of Dover, of the other Part; whereby the said Mayor, Jurats, and Commonalty, have chosen William Stokes Esquire, and Thomas Papillion Esquire, to be their Barons: And, in Witness thereof, the said Mayor, Jurats, and Commonalty had caused their Common Seal to be affixed thereto: And accordingly, there is a large Seal affixed to the same Indenture.

There is affixed to the same Writ a Writing, purporting an Indenture (but made between nobody) witnessing, "That we the Mayor, Jurats, and Barons of the Town and Port of Dover, in a full Hundred there; that is to say George West Deputy Mayor, John Vaylie and Aaron Wellard Jurats, Five of the Common Council, and Ten others stiled Barons of the said Port; have chosen Thomas Papillion Gentleman, and John Strode Esquire, our Combarons: In Witness whereof, we the Mayor, Jurats, and Barons of the Port aforesaid, have put our Hands and Seals." And it is subscribed by George West Deputy Mayor, and Seventeen others; and Eighteen Seals affixed at the Bottom; but no Great or Common *, either to it, or mentioned so to be.

Whereupon the Committee came to the Resolution following; viz.

Resolved, &c. That it is the Opinion of this Committee, That the Indenture, wherein William Stokes Esquire, and Thomas Papillion Esquire, are returned to serve in this present Parliament as Barons for the Town and Port of Dover, is well and duly returned, and by the proper Officer; and that thereupon they ought to sit, as duly returned to serve in the present Parliament for the said Town and Port of Dover.

Resolved, &c. That this House doth agree with the Committee, That the Indenture wherein William Stokes Esquire, and Thomas Papillon Esquire, are returned to serve in this present Parliament as Barons for the Town and Port of Dover, is well and duly returned, and by the proper Officer; and that thereupon they ought to sit, as duly returned to serve in this present Parliament for the said Town and Port of Dover.

Bridgwater Election.

Sir Thomas Meres further reports from the said Committee, That the Committee had taken into Consideration the Matter of the Return for the Borough of Bridgwater, in the County of Somerset; and had agreed upon a Report: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth, viz.

It appears that Sir Haswell Tynt is returned, in an Indenture affixed to the Writ, with Sir Francis Roll, under a Seal of the Borough of Bridgwater, and the Mayor's Hand also to it. And

There is also produced to the Committee another Indenture; wherein Sir Halswell Tynt is returned singly as One of the Burgesses for the said Borough, under a larger Common Seal of the said Borough.

And Mr. William Harboard, a Member of this House, in his Place, declared, That, the same Day this Parliament began (which was the Sixth of March last) Sir Halswell Tynt came to him, and shewed him the last-mentioned Indenture: That thereupon he and Sir Halswell Tynt went to the Sheriff, to desire him to affix it to the Writ: Which he was very willing to do; but that he had carried in all the Returns of that County to the Clerk of the Crown; and therefore could not affix it himself: But went with Mr. Harboard and Sir Halswell Tynt to the Clerk of the Crown to Westminster; and desired him to affix it: Which he refused to do; saying, He had already made out his Book of Returns, and could not then accept this Indenture.

But the Committee, being satisfied That Sir Halswell Tynt was elected, both by the select Number of Capital Burgesses, and also by the Popular; and that the Petitioners, who complain of the said Election, do admit him to be duly elected; came to this Resolution following, videlicet;

Resolved, &c. That it is the Opinion of this Committee, That the Clerk of the Crown shall affix the Indenture, wherein Sir Halswell Tynt is singly returned, to the Writ for the County of Sommerset: And that Sir Halswell Tynt ought thereupon to sit, as duly returned to serve in this present Parliament for the Borough of Bridgwater.

Resolved, &c. That this House doth agree with the Committee, That the Clerk of the Crown shall affix the Indenture, wherein Sir Halswell Tynt is singly returned, to the Writ for the County of Somerset: And that Sir Halswell Tynt ought thereupon to sit, as duly returned to serve in this present Parliament for the Borough of Bridgwater.

And the Clerk of the Crown, being called in, did affix the Indenture, wherein Sir Halswell Tynt is singly returned, to the Writ for the County of Somerset.

Hchester Election.

Sir Thomas Meers further reports from the Committee of Privileges and Elections, That the Committee had taken into Consideration the Matter of the Return for the Borough of Ilchester; and had agreed upon a Report: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth, viz.

To the Writ, for Elections of Members for the County of Somerset, is annexed an Indenture, dated the Twentieth Day of February last, and made between John Carew Esquire, Sheriff of the County of Somerset, of the One Part; and Edward Phelips Knight, and Eight others, Capital Burgesses of the Borough of Irelchester, of the other Part; witnessing, That, according to the Form of a Breve to the Bailiff and Burgesses of the said Borough directed, the said Burgesses, and others, who were interested in the Proclamation in the said Indenture afore-mentioned, had chosen Edward Phelips, and Robert Hunt, Esquires, Two Burgesses for the said Borough: In witness whereof, the said Burgesses had put their Common Seal: And accordingly there is a Broad Seal affixed thereto, and several Hands subscribed : But the Bailiff is neither Party to the said Indenture, nor hath set his Hand or Seal to it.

There is also affixed to the said Writ another Indenture, dated the same Day, made between the said Sheriff, of the One Part; and the Bailiff and Burgesses of the Borough of Irelchester, of the other Part; witnessing, That, by virtue of a Precept from the said Sheriff, the said Bailiff, Burgesses, and Inhabitants of the said Borough, have elected William Strode Esquire, and John Speke Esquire, to be Burgesses of Irelchester aforesaid: In Witness whereof, the said Bailiff, or his Deputy, together with the Burgesses of the said Borough, have put their Hands and Seals: To which Indenture there is One Seal affixed, and over it, Thomas Hillyard Bailiff; and, upon the same Indenture, Jo. Lockyer, Jo. Slade: And, on the Back, is indorsed many Witnesses to the Signing, Sealing, and Delivery thereof.

Whereupon the Committee came to the Resolution following; viz.

Resolved, &c. That it is the Opinion of this Committee, That the Indenture wherein William Strode Esquire, and John Speke Esquire, are returned Burgesses to serve in this present Parliament for the Borough of Irelchester in the County of Sommerset, is well and duly returned, and by the proper Officer; and that thereupon they ought to sit, as duly returned to serve in this Parliament for the Borough of Irelchester.

Resolved, &c. That this House doth agree with the Committee, That the Indenture wherein William Strode Esquire, and John Speke Esquire, are returned Burgesses to serve in this present Parliament for the Borough of Irelchester in the County of Somerset, is well and duly returned, and by the proper Officer; and that thereupon they ought to sit, as duly returned to serve in this Parliament for the Borough of Irelchester.

Attainder of Earl of Danby.

A Bill for summoning Thomas Earl of Danby to render himself to Justice by a certain Day; or, in Default there of, to attaint him of High Treason; was read the Third time.

And some Amendments being made at the Table;

Resolved, &c. That the Bill do pass: And the Title be, An Act for the Attainder of Thomas Earl of Danby of High Treason: And that Sir Robert Peyton do carry up the Bill to the Lords for their Concurrence.

Liberty of the Subject.

Ordered, That the Bill for the better Securing the Liberty of the Subject, be read To-morrow Morning, the first Business: And that the Report from the Committee, appointed to inspect the Temporary Laws that will expire with this Session of Parliament, be made next after the Reading of the said Bill.

Disbanding the Army.

The House then took into Consideration the Disbanding of the Forces raised, or brought over from beyond the Seas, since the Twenty-ninth of September 1677, and that yet remain undisbanded; and what is due to them;

And Mr. Kingdome, the Paymaster of the Army, having, according to the Order of the House, delivered in an Account relating to the said Forces;

And the same being read at the Table;

Ordered, That a Committee be appointed to inspect and examine the said Accounts; and draw up a State of the same; and present it to the House.

And it is referred to Sir George Downing, Mr. Seymour, Mr. Vaughan, Mr. Powle, Mr. Garraway, Sir Robert Peyton, Sir John Knight, Mr. Love, Sir Robert Atkins, Sir John Hotham, Sir John Guyes, Sir Robert Carr, Sir Henry Capell, Sir Thomas Player, Mr. Vernon, Sir Anth. Irby, Sir Wm. Coventry, Sir Tho. Clarges, Sir Edward Harley, Mr. Reynall, Sir Eliab Harvey, Sir William Portman, Mr. Sachaverell, Sir Richard Corbet, Mr. Strangeways, Mr. Johnson, Mr. Booth, Sir Sam. Bernardiston, Mr. Parteridge, Mr. Papillon, Col. Birch, Mr. Duboys, Sir Francis Drake, Sir Gilbert Gerrard, Sir John Coventry, Mr. Deane, Mr. Kingdome, Sir Robert Howard, Sir Francis Russell, Mr. Gower, Mr. Mildmay, Lord Annesley, Mr. Freake, Sir Tho. Meres, Sir Robert Markham, Sir Tho. Stringer: And they are to meet this Afternoon, at Four of the Clock, in the Speaker's Chamber: And are impowered to send for Persons, Papers, and Records.

Resolved, &c. That the Continuing of any Standing Forces in this Nation, other than the Militia, is illegal; and a great Grievance and Vexation to the People.

Petition from a Member in custody.

A Petition of Edward Sackvile Esquire, committed to the Prison of the Tower by this House, acknowledging his Offence; and begging the Pardon and Favour of the House, that he may be discharged of his Imprisonment.

Ordered, That Mr. Sackvile be discharged of his Imprisonment: And that Mr. Speaker do issue out his Warrant accordingly.

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