House of Commons Journal Volume 8: 15 June 1661

Sabbati, 15 Junii, 13° Car. Regis.

Cornwall Petition.

THE Petition of the Gentlemen, Inhabitants of the County of Cornwall, was this Day read.

Wareham Election.

Serjeant Charleton made Report from the Committee of Privileges and Elections, touching the Election for the Borough of Wareham in the County of Dorsett (touching which Robert Laurence Esquire had preferred his Petition) That the First Question was, Whether the Election was to be by the Mayor, Magistrates, and Freeholders, of the said Borough only; or by them, and all that paid Scot and Lot; and the Opinion of the Committee, that all that paid Scot and Lot had Votes in Election with the said Magistrates and Freeholders: And that the Second Question was, Whether Mr. Laurence or Mr. Culliford had the Majority of Voices; and the Opinion of the Committee, that the said Mr. Culliford was duly elected, and ought to sit.

Resolved, That this House doth agree with the said Committee, that Mr. Culliford was duly elected one of the Burgesses for the said Town of Wareham, and ought to sit in this House.

Cardiff Election.

Mr. Serjeant Charleton made Report from the Committee of Privileges and Elections, touching the Return and Election for the Town of Cardiff in the County of Glamorgan: That the said Committee had examined the Cause upon the Merits, and concerning Sir Richard Lloyd's Waver of his being returned as Burgess for the said Town of Cardiff: and that it appeared to the said Committee, that, after Mr. Thomas had preferred his Petition, setting forth his Election as Burgess of Cardiff, Sir Richard Lloyd, having Notice thereof, and being elected Knight of the Shire for the County of Radnor, had waved his Election for Cardiff; and that this House, not being informed that that Election was questioned, did thereupon direct a Writ for a new Election; by virtue whereof Mr. Basset was elected, and returned; whereas Mr. Thomas, at the former Election, had clearly the Majority of Voices, there being an Hundred and Five for him, and but Forty for Sir Richard Lloyd, and none of them came to the Poll; and that Sir Richard Lloyd acknowledged, that he knew nothing of his Election till that he was advertised thereof by Letter; and that he did not make any Defence; and the Opinion of the Committee, that Mr. Thomas was duly chosen; and that the Committee submitted to the Judgment of the House, what was to be done with Mr. Basset.

Resolved, upon the Question, That this House doth agree with the Committee, that Mr. Thomas was duly chosen Burgess for the said Town of Cardiff, and only ought to sit in this House as Burgess for that Place.

Resolved also, upon the Question, That the new Writ, and Election of Mr. Bassett, is void; and that the same be discharged: And

Ordered, That the Clerk of the Crown do, on Monday next, attend this House with the several Returns touching the said Town of Cardiff; and that the Sheriff of Glamorganshire do then likewise attend, and take the said Writ and Indenture, whereby Mr. Bassett was returned, from the File; and that he do bring in the Indenture whereby Mr. Thomas was returned, and file the same; Whereof the said Sheriff's Deputy, or such as deal for him, are to have notice.

Poole Election.

Serjeant Charleton made Report from the said Committee, touching the Difference between William Constantine Esquire and Sir John Fitzjames Knight, concerning their Elections for the Town of Poole in the County of Dorsett, That the First Question before them was, Whether the Out Burgesses of the said Town of Poole had Voices as well as the In Burgesses; and the Opinion of the Committee, that the Out Burgesses had equal Voices in the Election with the In Burgesses: And that the Second Question being, Who had the Majority of Voices, it appeared, that Sir John Fitzjames had much more the Majority of Voices, and was duly elected one of the Burgesses for the said Town of Poole; and the Opinion of the Committee, that the said Sir John Fitzjames was duly elected one of the Burgesses for the said Town of Poole, and ought to sit.

Resolved, That this House agree with the said Committee, that Sir John Fitzjames was duly elected one of the Burgesses for the said Town of Poole, and ought to sit in this House.

Privilege.

This House being this Day informed by Sir John Talbot Knight, one of the Burgesses of Knaresborough, in the County of Yorke, that one Robert Acton of Salwarpe, hath, since the said Sir John Talbot was returned a Burgess for the said Town of Knaresborough, made violent Entries into and upon certain Lands and Tenements and other the Possessions of the said Sir John Talbot; and hath commenced Suits against one Thomas Ellis, who is Bailiff to the said Sir John, and caused him to be arrested by one Gill, one of the Sheriff's Bailiffs, in Breach of Privilege of Parliament;

Resolved, upon the Question, That the said Sir John Talbot have Privilege, as a Member attending the Service of this House; and that the said Acton and Gill be brought up in Custody to answer their said Breach of Privilege: And

Ordered, That the Serjeant at Arms attending this House, or his Deputy, do accordingly apprehend them, and bring them up in safe Custody.

Grievances.

Upon the Report, made unto this House by Mr. Steward, from the Grand Committee of Grievances, touching the Complaint made against James Halsall and Edward Halsall Esquires, and John Walter Gentleman, from the Ports of Plymouth, Dartmouth, Barnstaple, and Kingston upon Hull, and several other Parts of the Kingdom, that, by Pretence of a Patent touching Ballast, the said Parties, and their Deputies and Agents, do demand and exact new Duties and Fees, that were never known before;

Resolved, upon the Question, and Ordered, That the Execution of the Patent, as to the new Duties and Fees complained of, be suspended; and that the said Patentees, their Deputies and Agents, be enjoined to forbear to levy or receive any Money for the new Duties and Fees complained of, until the Matters complained of be heard by the Committee of Grievances, and reported to this House.

Act of Oblivion.

The House then resumed the Debate touching the Proviso tendered to be added to the Act of Oblivion.

And the Question being put, That the Proviso, tendered to be added to the Act of free and general Pardon, Indemnity, and Oblivion, be read;

The House was divided: And

The Yeas went forth.

So it passed in the Negative.

And the Proviso was ordered to be laid aside.

Duchy of Cornwall.

Ordered, That the Bill to enable the King's Majesty to make Leases of Lands, Parcel of his Highness' Duchy of Cornwall, or annexed to the same, be read on Monday Morning.

Stansted Parish.

Ordered, That the Bill for constituting the Parish of Stansted, formerly annexed to the Parish of Wrotham, in the County of Kent, a distinct Parish and Rectory from Wrotham, be read on Monday Morning.

Act of Oblivion.

Ordered, That the House proceed upon the Act of Oblivion on Monday Morning, at Nine of the Clock.

And the House adjourned till Seven of the Clock on Monday Morning next.