House of Commons Journal Volume 9: 12 April 1679

Sabbati, 12 die Aprilis, 1679.

Prayers.

Convocation Oaths.

ORDERED, That Mr. Cooke, Sir Robert Cleyton, Sir Herbert Croft, Sir Philip Egerton, Sir John Wynn, Mr. Rich. Mr. Partheridge, Mr. Sterne, be added to the Committee to whom the ingrossed Bill sent down from the Lords, intituled, An Act to disable any Person from sitting in any of the Houses of Convocation, till he hath taken the Oaths, and made and subscribed the Declaration, therein mentioned.

Leave of Absence.

Ordered, That Sir John Cloberry have Leave to go into the Country; as likewise Sir William Moore.

Dr. Jane and Mr. Sharpe thanked.

Ordered, That the Thanks of this House be returned to Dr. Jane and Mr. Sharpe, for their Sermons Yesterday preached before this House, at St. Margaret's, Westminster: And that they be desired to print their Sermons: And that the Members that serve for the Universities do give them the Thanks of this House; and acquaint them with the Desire of the House, to print their Sermons.

Prevention of Swearing, &c.

Ordered, That a Committee be appointed to inspect the Laws that are now in Force against Swearing, Cursing, Drunkenness, Sabbath-breaking, and Uncleanness, and to bring in a Bill of Bills, for the more effectual Prevention thereof.

And it is referred to Sir Thomas Player, Mr. Duboys, Sir James Smith, Sir Richard Corbet, Mr. Reynall, Mr. Partheridge, Sir Jos: Williamson, Mr. Wright, Mr. Buller, Mr. Onslow, Sir William Thomas, Sir John Wynn, Sir Gilbert Gerrard, Mr. Booth, Sir Charles Harbord, Mr. Beake, Sir John Knight, Sir Wm. Franklyn, Sir Thomas Glergis, Mr. Papillon, Mr. Paul Foley, Sir Richard Cust, Mr. Pitt, Sir Thomas Armstrong, Sir Walter Young, Mr. Hamden, Mr. Sterne, Master of the Rolls, Sir Tho. mas Stringer, Sir Robert Thomas, Sir Henry Foord, Sir Peter Tyrrell, Sir Francis Drake, Sir John Borlace, Mr. Nosworthy, Sir John Hewley, Sir Nic. Carew, Mr. Slater, Col. Titus, Sir John Cloberry, Sir George Downing, Mr. Henley, Sir Robert Peyton, Mr. Gerrard: And all that come are to have Voices: And they are to meet this Afternoon, at Three of the Clock, in the Speaker's Chamber.

Leave of Absence.

Ordered, That the Lord Ashley and Mr. Parkhurst have Leave to go into the Country.

Call of the House.

Ordered, That the House be called over on Friday in Easter Week: And that such Members as shall then make Default, in attending the Service of the House, be sent for in Custody of the Serjeant at Arms attending the House: And that this Order be sent to the Sheriffs of the respective Counties; to the end they may give Notice thereof to the Members that serve for the several Places within their Counties.

Information against Mr. Castleton.

Ordered, That a Committee be appointed to examine the Matter of the Information against Mr. Castleton; and to report the same, with their Opinions thereupon, to the House, on Monday Morning next.

And it is referred to Sir Gilbert Gerrard, Sir Francis Drake, Mr. Harbord, Mr. Swinfen, Mr. Rushworth, Sir Henry Foord, Sir James Long, Sir Tho. Clergis, Mr. Duboys, Mr. Love, Mr. Trenchard, Mr. Wright, Sir Robert Markham, Mr. Vernon, Sir Francis Russell, Sir Richard Corbett, Sir Trevor Williams, Col. Birch, Mr. Pilkington; or any Five 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.

Army Accounts.

Ordered, That the Committee appointed to inspect and state the Accompts relating to the Army, do make a Report thereof to the House, on Tuesday next, at Ten of the Clock.

Conference on Earl of Danby's Attainder Bill.

Sir Francis Winnington acquaints the House, That, in Pursuance of an Order of the House, he had drawn up, in Writing, the Substance of the Matter that was delivered at the last free Conference with the Lords: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was again read; and, upon the Question, agreed; and is as followeth, viz.

At a free Conference with the Lords, relating to the Passing the Bill of Attainder against Thomas Earl of Danby, the Substance of the Matters proposed by the Lords was as followeth;

The Lord Privy Seal said, That the Commons might see, by the present quick free Conference which the Lords desired, that their Lordships did shew their Willingness, by using all Means possible, to reconcile both Houses; and to come to such an Understanding, as to pass the Bill with all Expedition.

He declared, That the Reasons of the Commons, for passing the Bill as they proposed, were unanswerable; and therefore the Lords were content to make the Bill absolute, without giving the Lord of Danby any Day to appear; and the Penalties to continue.

He observed, That the Lord impeached would not only, by the Passing of this Bill, be ruined, together with his Family; but likewise those Acquisitions which he got by the Marriage into a noble Family, would be lost.

And he intimated, That if the House of Commons would have any other Penalties added to the Bill, their Lordships would leave it to the Commons; so that they run not to the absolute Destruction of the Lord impeached.

And the Lord Privy Seal took notice, That, although Reason and Justice were of the Commons Side, yet, in a Legislative Capacity, they were to consider Circumstances, in relation to the Good of the Publick.

Upon this, his Lordship said, That in the Transaction of this Affair, there were Two great Points gained by this House of Commons:

The first was, That Impeachments made by the Commons in one Parliament, continued from Session to Session, and Parliament to Parliament; notwithstanding Prorogations or Dissolutions.

The other Point was, That, in Cases of Impeachments, upon Special Matters shewn, if the Modesty of the Party impeached directs him not to withdraw, the Lords admit, that, of Right, they ought to order him to withdraw; and that afterwards he must be committed.

His Lordship observed, That a Member of the House of Commons mentioned the Earl of Clarendon's Case at the free Conference in the Morning: But, in regard That Case was General, and not Special Matter shewn, it was not like This: And therefore, he did not understand, the Lords intended to extend the Points of Withdrawing and Commitment to General Impeachments, without Special Matter alledged: For if . . should be otherwise, the Lords did not know how many of their Lordships might be picked out of their House of a sudden.

The Earl of Shaftesbury said, That they were as willing to be rid of the Earl of Danby as the Commons: And, in the first Place, as to the Right of the Commons, That, upon Impeachments, the Lord accused ought to withdraw, and then be committed, he said, Their Lordships did agree it was their Right, and well warranted by Precedents of former Ages: And, as to the Distinction, that the Lord Privy Seal made, where the Impeachments were General, and when Special Matter was alledged, he said, The Lords gave no Order to make any such Distinction; for that General Impeachments were not in the Case. And the Duke of Monmouth and Lord Fauconberge at irmed the same; and that the Earl of Shaftesbury was in he right, and delivered the true Sense of the Lords. He also said, That the Expression which was sent with Reasons from the Lords the other Day, viz. "That the Lords would not draw into Example the Proceedings of the Earl of Danby, but would vacate them," they intended That to extend only to the Points of Not withdrawing, and Not committing.

He likewise declared, That the Way now proposed, he thought, would be a Means to have the Bill pass: For the Commons might have other Penalties, if they would, as Confiscation of Estate: And, although they had no particular Order to mention Honours, yet by the general Words he though Honours were included: And, if they were insisted on by the Commons, he knew not but they might be agreed to be inserted in the Bill.

He desired the Commons would consider, that there were weighty Reasons, which were better understood than expressed, that prove it necessary for the Good of the Publick, that this Bill should speedily pass.

The Commons replied, That they hoped their Lordships did not think the Commons did take it as if they had now gained any Point: For that the Points which their Lordships mentioned as gained, were nothing but what was agreeable to the ancient Course and Methods of Parliament.

The House then took into Consideration the First, Fourth, Sixth, and Seventh Amendments made by the Lords to the Bill for the Attainder of Thomas Earl of Danby of High Treason.

And the said Amendments being read;

Resolved, &c. That this House doth adhere to the Words of the said Bill, mentioned in the First, Fourth, Sixth, and Seventh Amendments made by the Lords to the said Bill.

House to sit P. M.

Ordered, That Sir Thomas Lee do go up to the Lords, to acquaint them that this House doth intend to sit this Afternoon; and desires that their Lordships will do the like.

And then the House adjourned till Three of the Clock this Afternoon.

Post meridiem ejusdem diei.

Leicester Election.

ORDERED, That the further Examination of the Matter of the Election for the County of Leicester, which was appointed to be heard at the Bar of this House this Day, be adjourned till Monday Morning next; and to come on, the first Business.

Norfolke Election.

Ordered, That the Matter of the Election for the County of Norfolke, which was appointed to be heard at the Bar of this House on Monday next, be adjourned till Tuesday next; and be heard immediately after the Report from the Committee appointed to inspect and state the Accounts relating to the Army.

Lords sit P. M.

Sir Thomas Lee acquaints the House, That the Lords have resolved to sit this Afternoon.

Committees added.

Ordered, That Mr. Breman, Sir Tho. Player, Sir Fran. Drake, Mr. Mansell, Mr. Hamden, Sir Walter Young, Mr. Partheridge, Mr. Trenchard, Sir John Mallet, Mr. Hopkins, Mr. Slater, Mr. Barber, be added to the Committee appointed to inquire into the Miscarriages of the High Sheriff of the County of Durham, in setting at Liberty so many Papists, at the Time of the Election of Members to serve in this present Parliament for the said County.

Conference on Earl of Danby's Attainder Bill.

Ordered, That Mr. Grey do go up to the Lords, and desire a free Conference upon the Subject Matter of the last Conference.

Mr. Grey reports, That the Lords have agreed to a present free Conference upon the Subject Matter of the last Conference, in the Painted Chamber.

Ordered, That the Members that managed the last free Conference, do withdraw, and consider of Reasons to be offered at this free Conference, Why this House has adhered to the Words of the Bill for the Attainder of Thomas Earl of Danby of High Treason, mentioned in the First, Fourth, Sixth, and Seventh Amendments made by the Lords to the said Bill: And that the same Members do attend, and manage the said Conference.

Sir Tho. Meers reports, That the Members appointed had attended at the free Conference; and delivered their Reasons; and left the Bill and Amendments with the Lords.

Corfe Castle Election.

Sir Thomas Meers reports from the Committee of Elections and Privileges, That the Committee had taken into Consideration the Matter of the Election for the Borough of Corfe Castle; 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 twice read; and, upon the Question, agreed to; and is as followeth;

The Question was, Whether the Freeholders only of Lands or Houses in the said Borough, that paid Scot and Lot, or all the Freeholders and Leaseholders generally, had Right to vote in Elections; and whether the Petitioner, or the Sitting Member, had most Voices.

Sir Nathaniel Napier produced the several Witnesses following; viz.

Richard Jones, Richard Paynter, Edward Kennell, John Symms, Mr. Dugdale, prove, That the Freeholders, Leaseholders, and Chattel Leases, have always had Right to vote: And a blind Man, a Beggar, that had a Cottage, was fetched and had a Vote in a former Election: And all Tenants for Twenty Years or more had Votes in Elections: And that one Paynter had a Vote in my Lord Lattimer's Election, and had but a Lease for Years of Mr. Ogden, and paid to Church and Poor: And that, when my Lord Lattimer was chosen, the Mayor invited all to the Election, as well Freeholders as Leaseholders. That at this Election the poor Men were courted, as well as the Rich: And that Mr. William Culliford, an Agent for my Lord Dunblaine, gave some Eighteen-pence, and One a Shilling, for their Hindrance of Work half a Day, as they bragged; and Edward Kennell's Man particularly, who said he had also a Guinea given by the said Mr. Culliford, for his Vote in this Election.

And that Sir Nath. Napier in this Election had Thirtysix Voices that pay Scot and Lot, of which but Five were questioned by the Mayor; and my Lord Dunblaine but Sixteen or Fifteen.

My Lord Dunblaine produced the several Witnesses following, to prove the Right of Election in the Freeholders paying Scot and Lot only; and that he had the Majority of Voices at this Election.

Mr. Culliford says, He was at my Lord Lattimer's Election; and all the Barons agreed, That the Mayor, Barons, and Freeholders paying Scot and Lot, and no other, had Right to vote in Elections.

Wm. Culliford, Char. Osborne, prove, That the Mayor, being doubtful who had a Right to vote, asked the Barons; who told him, All Freeholders, paying Scot and Lot, had Right: And that at the Election they were present: And that my Lord Dunblaine had Twenty-one Voices, and Sir Nath. Napier but Twenty, that paid Scot and Lot: And that they examined my Lord Dunblain's Poll with the Poors Books, and found all the Twenty-one but Mr. Culliford paid Scot and Lot: And prove that several were threatened, if they voted for my Lord Dunblaine; and others were proffered Money.

Mr. Jones proves, That Mr. Ogden gave Five Pounds to the Poor; and he never used to give Money to the Poor: But he says, None of the Voters.

Sir Wm. Portman, Mr. Savage, Mr. Earle, several Members of the House, that were at the Election, did affirm, That Sir Nath. Napier, as they thought, had the Majority of Voices.

Whereupon the Committee came to the Resolutions following; viz.

Resolved, &c. That it is the Opinion of this Committee, That Peregrine Lord Viscount Dunblaine is not duly elected to serve in this present Parliament for the Borough of Corfe Castle in the County of Dorsett.

Resolved, &c. That it is the Opinion of this Committee, That Sir Nathanael Napier is duly elected to serve in this present Parliament for the Borough of Corfe Castle in the County of Dorsett.

Resolved, &c. That this House doth agree with the Committee, That Peregrine Lord Viscount Dunblaine is not duly elected to serve in this present Parliament for the Borough of Corfe Castle in the County of Dorsett.

Resolved, &c. That this House doth agree with the Committee, That Sir Nath. Napier is duly elected to serve in this present Parliament for the Borough of Corfe Castle in the County of Dorsett.

Ordered, That the Clerk of the Crown do attend on Monday next, and mend the Return for the Borough of Corfe Castle.

Ordered, That Edward Dackomb Mayor of the Borough of Corfe Castle be sent for, in Custody of the Serjeant at Arms attending this House; to answer his Miscarriages in the Returning of Members to serve in this present Parliament for the Borough of Corfe Castle.

Choosing Speakers.

Resolved, &c. That it be a Standing Order of the House, That, from henceforth, upon any Vacancy of the Chair, no Motion be made for Choosing of a new Speaker, till after Eleven of the Clock.

And then the House adjourned till Monday Morning, Eight of the Clock.