Jovis, 18 Martii
L. 1. AN Act for the better and more speedier Payment of Debts from Men imprisoned, and for Releasement and Discharging of Prisoners.
Rolls. L. . . An -
L. 1. An Act for preventing unnecessary Suits about Precedence between Citizens and Burgesses.
L. 1. An Act to avoid Exactions of Customers, Comptrollers, Searchers.
Sir James Perrott gives Account of the Communicants. - First Day, last of February, 439 received; since, at several Days, 20; only 12 to receive.
Privilege - Sir T. Gerard.
Serjeant says, [a]told him (Mr. Tho. Tressell) that Sir Tho. Grerrard in Ely-house, with the Spanish Ambassador. Ordered, That Mr. Tressell shall be here on Saturday.
The Bill for Sir Tho. Gerrard, to be brought in on Monday Morning, by the former Committee.
Mr. Selden reports for the Bill of Wales.- - Have searched the Records: Have looked upon the Roll. That as imperfect, as the printed Book : but the Bill, that passed, rectifies it. - That but once, and in the first Place. - Another Difference. -
The Bill, upon Question, passed for a Law.
L. 2. An Act for Hospitals : - Committed to Sir Jo. Walter, Sir Rob. Hicham, Mr. Recorder, Mr. Glanvyle, Mr. Banks: Presently, Committee Chamber.
Sir Edw. Cooke reports the Bill of Concealments. The Amendments twice. read. A Proviso for Sir Robert Hicham.
Mr. Whistler: - Suppose the King hath made an Estate in Tail, Sixty Years ago, here no Reversion nor Remainder. The Subject provided for, but not the King.
Mr. Solicitor, accordant. - To have it re-committed, and he will attend.
Sir Rob. Philips: - Not to have this Proviso pass with the Bill, but to have Sir Rob. Hicham pass a Bill for that particular.
The Bill, upon Question, re-committed: - Saturday, Seven a Clock, Morning, Court of Wards.
Mr. Recorder reports the Bill of Hospitals. - Have added some Words.
These Amendments, upon Question, to be added.
L. 3. - Hospitals. - Upon Question, passed for a Law.
L. 3. An Act concerning the Purveyance and Taking of Horses, Carrs, Carts, and Carriages: - Upon Question, passed for a Law.
Bills from Lords.
A Message from the Lords, by Sir Will. Bird and Sir Charles Caesar: - The Lords have sent Five Bills, passed their House.
Prisoner brought up and Discharged.
The Sheriff of Cambridgeshire brought to the Bar, made his Submission upon his Knees: Confesseth he hath committed an Error; is very sorry for it, and craves Pardon.
Discharged, paying his Fees; and making his Submission and Acknowledgment likewise in the Country, at the open Quarter Sessions.
Sir Pet. Hayman desires to have it explained, whether his Sentence shall take off that Action of 100 against the High Sheriff. - Resolved, Not.
Mr. Glandvyle reports from the Committee of Privileges : - Whether Two Men have Voices : 2. Whether Mr. Finch duly elected : 3. Whether Paul Wiman have offended : 4. The Punishment. -
Winchelsey an Incorporation : - Mayor, Jurates, and Freemen: Now Eight, with the Mayor: Freemen Eleven. Agreed, they ought to elect. They met at the Common Hall. A Question, whether Two Tildens ought to have Voice, because non-resident in the Town; One, Five Months; another, Six. A Decree made, that whosoever should not dwell there within Three Months, should lose his Voice. Mayor proceeded not, till these Two withdrawn. Before they went, said, they gave their Voices for Sir Alexander Temple. When they were gone, Sixteen present. Then the Precept read, and the Mayor, and Seven of those, gave Voice One Way: Other Eight gave an-nother Way, for Temple. Upon this, a new Question, Whether, by Custom of that Place, the Mayor, upon Equality of Voices, could carry the Election. -
Urged by Mr. Finch's Counsel, that he ought to have it: But, upon Debate, the Committee not satisfied. Not appeared, the Mayor had any such Privilege: Rather the contrary : No Example for it. Some consenting afterward, they conceived, the Mayor had cast; and therefore over-ruled, that Mr. Finch chosen; and putting Hands to Indenture after; no Assent, but in Assembly. - The Committee resolved, that these Tildens, excluded, ought to have Voices. Reasons : - This Decree could not alter the Law. 2. Reason: Found these Tildens exercised the Quality of Freemen : Had empty Houses in the Town: - Mayor himself had been out of the Town Two Year, yet served as Mayor: - Had their Share in
common Profits, and never questioned till now.
Winchelsey Election Punishing the Mayor.
Proved by Witnesses, that the Custom of the Ports, that they must be absent a Year and a Day. -
2. No good Election of Mr. Finch, because these Men excluded unjustly. Yet they likewise conceived, that Alex. Temple not duly elected, because those Men gave not their Voice at the Time of the Election; and therefore, a new Writ.
3. The Misdemeanor of the Mayor. - Agreed, he had committed a Contempt against this House, in hindering a due Election. 1. Gave not sufficient Warning, but over-night, when the Election to be next Morning. 2. He gave Warning generally : No Man knew wherefore he came. 3. Would not disclose the Cause of their Meeting. 4. He did threaten One to disfranchise him: And he confessed, he had Cause to do so.
5. Scandalized Sir A. Temple; saying, he was allied to the Arch-papist of this Kingdom, * Rickard. This utterly false. -
Lastly, for Punishment, they propound, that this Man as worthy of Punishment as the Sheriff of Cambridgeshire. - To be committed to the Serjeant; and then to make his Submission in this House, and then afterwards in the Country.
Resolved, Upon Question, That this Election of Mr. Finch is not good; and that a new Writ shall issue forth, for a new Election.
Resolved, Upon Question, That the Mayor of Winchelsey hath committed a Contempt and Misdemeanor against this House, and shall therefore stand committed to the Serjeant, till Saturday Morning; and then, making his Submission here at Bar, to be discharged from any further Punishment here but to make his Acknowledgement in the Town before the new Election.
Resolved, Upon Question, Paul Wimann shall be called in, and heard before Sentence.
Called in, and brought to the Bar, and kneeled.
Demanded, what he could say for himself, Mr. Speaker gave him his Charge.
- Concerning the * ; the Words he spake upon Report. - He is sorry for it, that he hath offended so honourable a Person. For Sir Alex. Temple; knew him not before, but only by Report. For the Warning; as it used to be : - All therefore present. - Their Custom never to declare the Cause of their Meeting, till come in open Court. - Sorry he hath offended.
Resolved, Upon Question, that the Two Tildens ought to have Voice in the Election.
The Mayor brought to the Bar again, and Mr. Speaker pronounced his Sentence upon him.