ORDERS, Effential, Fundamental and Stand- ing Orders, Reports, Declarations, Memorandums, Rules, Agreements and Refolutions of the Houfe of COMMONS -elating to their Forms of Proceeding, Privileges, 6cc. Colleded out of the J O U RN A L S. And the Matter relative to the fame Subject chronologically connected, whereby the Judgment of the Houfe a: funciiy Times, is at once fecn. To which are added, Proceedings of the Houfe againft the Honourable Mr. MURRAY. The SECOND EDITION, Corrected and Brought down to this Time. LONDON: Printed for JAMES LYMANS j and Sold by the BOOKSELLERS of London and Wefl- minfter, 1756. VJL tp t iv- - . T O T H E RIGHT HONOURABLE The Earl of EG MONT, and Vifcount PERCIFAL, One of His MAJESTY'S moft Honou- rable Privy Council, and Member of Parliament for Bridgewater. My LORD, TTOwevtr you may bejurprifcd at the Li- JLJL Icrty I have t akin in -pre fuming thus to addrefs you, without your PermiJJion j yet, my Lord, though cinfcious of the Inde-co- rum, I chofe rather to rely on your Goodnefs in forgiving it, than rifque your refufing me the Opportunity of paying the Tribute of Ef- teem and Honour, which in Concurrence with Mankind, I have for your Lcrdjhip \ an Ho- nour refusing not from the accidental Advan- tage of your illuftrious Defcent, but perfonat Merit, and intrinfic Worth : For the public Voice proclaims yen po/efs a Soul with every Virtue fraug.hr, and Abilities u> adcrn tit bigheft Stations, in vhicb they ardently wijh to fee, and repine that you are net ra' fed to : Confident that that noble Spirit (which influ- enced *,ou to animate his late Rc,\al Highwfi^ w'cenf.rji Lord of bis Bed ch<>.mb:r, ioper- f evert in cb eying tbs Dictates of b':s truly 2067959 DEDICATION. Princely Difpofition (in doing a tboufand gra- cious and generous dftions, which rendered kirn revered., and the Delight of tbe World) would be difplayed in making the Welfare of Mankind your Care. That the Love of your Country was tht firfi Principle of your Na- ture, appeared in the Dawn cfyour Life, even when you was but ri/ing into Manhood, you rnanifefted fucb a Zeal for its Happinefs rnd Glory, as is feldowfeen at fo juvenile a Seafon ; And that LOVE ft ill clings about your Heart, is confpicuous from your Conduft in fo many Parliaments into which you have been cbofin with fo much Honour. MjLoRD, tbo* it is lut bare Juftice I Jhould here give you the dpplaufe which your Actions deferve, yet I might incur the World's Ceti- fure, Jhould I offer to delineate your LordfhipV nolle CbaraRtr, which, as it would employ a Ptn equal to your own to portray, I fl:al! there- fore fupprefs my Inclination to attempt, as it would be under tak 'ng tbe Flight of an E*gl; % with the Winrs of a Wren. I am, With the Higheft Honour, t4r(~i f \$- VT^V 31 J Your LORDSHIP'S t lVAUA":V'l. Mofl Devoted :;^1J1 Humble Servant. T rr PREFACE. TH E Importance of this Book is fo great, that who- foever perufes it, will find him- felf intereited in it, as the Word PRIVILEGE is become as Powerful as the Word LAW ; and that Ignorance may be held as infuffi- cient a Plea, in tranfgreffing a- gainft the One as the Other. The very Members of the Houfe are fubjecl: to Penalties, as well as intitled to Privileges^ which P R E FA C E. which probably many of them have no Conception of : There- fore it is highly incumbent on them to be converfant with thofe Rules by which they are to re- gulate their own and others Con- duct:, not only in that Augufl Aflembly, but the whole King- dom, if not the whole World, ,035 "x apSfi auxtaw 11 THE &msg" R: THE CONTENTS. Gainft Obflruttions in the Streets, and Gaming in Weftminficr Hall, 6cc. for keeping the I r bby and fairs clear of Footmen, Chairmen^ Coachmen, &c. P ge i Papifls not to come near the Houje du- ring I his Parliament, 9 For fetting up Lamps, and bringing in Candles^ jo Collections for the Officers of the Houfe, recommending them to the King for Sa- laries, and Fees to be taken by them, 1 1 A Table of Fees to be demanded and taken by the Officers and Servants of the Houfe, 1 5 A 3 for ttc CONTENTS. For the Speaker's taking, on Vacancy of the Chair , his Power of adjourning^ Precedence ', Page 26 For the Sitting, being at Prayers, ta- king Places, and Rifmg of the Houje, 27 For locking the Back- Door, and keep- ing the Houfe, Bar and Gallery, and Speaker's Chamber, and Lobby clear of Strangers, and taking them into Cujlody, 34 Of Decency, fpeaking, making Mo- tions, ana on Rifing of the Houfe, 38 Relating to f peaking and afting on the Queftion, 42 For reading the Orders every Day, 46 Orders upon Petitions, and bringing in and Puffing private Rills, 47 Lnr, fng in and pajfing public Bills, viz. Poor^ ^Trade, Highways, Ports <.? d Harbours, 55 Bringing in, and paj/ing Bills of Aid and Supply, 55 Tone Ling Bills in gene rat, -63 On Royal A[jent to Bills, whether tbt Houje may proceed 'without Prorogation y 70 Recefs, iH. On Meffages from ' tbe King and the Lords, 7 1 Relating The CONTENTS. Relating to Committees, Page 74 .1 Conferences, 87 Call of the Houfe, the Manner, 92 Motions for Leave into the Country, ib. For fining Defaulters on the Call of the Members abfent without Leave, and Defer fers, &c. 96 About bringing Delinquents and Pri- foners to the Bar, 99 Hovfe of Commons Right of Commit- ment, i o i About Quarrels, 105 Touching Privileges and Protections, 106 On the King's taking Notice of Bufi- nefs tranfafled in the Houje bejore deter- mined, j 44 About P oft Letters and Franking, 162 Touching the Journals, Minute-Book, &c. 171 Againfl Printing the Fetes and Pro- ceedings of the Houfe, 176 Orders of the Houfe pleadable on Ap- peals and Writs of Error, 1 8 1 Touching Witnejjes, \ 8 8 Trials and Impeachments, 191 Members of the Long Robe not to pie ad at the Lords Ear, in any Caufe without Leave , CONTENTS. Leave j Members not to attend the Lords en Summons without Leave, Page 202 Difqualifcatiomjer, and in Members, and Difpenfations and Injunctions to Members, 204 Againjl Members holding S. S. Stock , or taking Money for tranfafling Bufmefs, or accepting oj Entertainment l s, 208 Members not to keep Popijh recufant Strvants, 2 i o i to receive the Ccmmu?iion> and tejlify their taking the Oaths, 2 1 1 Not to vi/it Foreign Miniflers, 2 1 3 Members not to be removed for Age> Sicknejs, or Abfence beyond Sea, 2 1 4 Touching Elections and Returns, ib. Orderi Jor ballotting on controverted Eleflicns, 246 . relating to Preachers, 247 Conference of the Lords and Commons upon a Libel, 248 Proceedings on the Election of a Mem- ber for the City of Weftminiler, 254 ORDERS, Againfl Obftrutfions in the Streets, and Gaming in Weftminfter-Hall, &c. For keeping the Lobby and Stairs cl~ar of Footmen, Chairmen, Coachmen, &c, 1667, 12 Feb. Ordered, THAT the Conftables, and other Officers of Middle fex and Weft- minfter concerned, do take Care, that from eight of the Clock in the Morning, 'till two in the Afternoon, being the ufual Times of the Meeting and Rifing of this Houfe, the Paffages through the Streets between Temple-Bar and Wefl- minfter-Hall, be kept free and open ; and that no Obftruction be made by Carts, D ays, Cars, or otherwife, to hin- der the Paflage of the Members to and from this Houfe ; and the Serjeant at Arms attending this Houfe, is to, give Notice of this Order, and it is referred B to [2] to Mr. Done and Mr. Bovithon, Juftices of the Peace for the County of Middle- fex y to fee this Order executed and per- formed. 1685, 19 Nov. Altered from Ten to Four in the Afternoon. 1735, \6Jan. Altered from Eleven to One, and from Four to bix in the Afternoon. This ordered to be revived annually. 1715, 21 Jan. Ordered, That the Ju- ftices of the Peace for the C ties of London and Weftminfttr* do take Care that the Scavengers keep the PaiTages through the Streets between the Royal- Exchange and Wcftminfter- Hail, free and open from all Nuiiances whatfoever ; ind that there be no Obstruction to hin- der the PafTage of the Members to and from this Houfe ; and that the Se jeant at Arms attending this Houfe, do give Notice of this Order to the Juftices aforefaid. 1739, 8 Fib. The Houfe was moved, That the Journal of the Houfe of the 21 Day of Jan. 1715, in Relation to their Order to the Juftices of the Peace for the Cities of London and might be read, and the fame was read accord- accordingly ; and the fameOrder for keep- ing the Streets free and open was made. 1754, 1 6 Jan. A Complaint being made to the Houfe, That John Loir, as , one of the Conftables in Waiting, \vas ycftcrday obftruded in the Execution of the Order of the Houfe, made upon Friday the ] 6th of November laft, for keeping the Paffoges through the Streets between Temple- Bar and Wcftminfter- Hall free and open, during the therein- mentioned Time. 1754, 17 Jan. Refolded, That it ap- pears to this Houfe, that Henry Neble^ a Conftable of the City of We'ftminfter^ did on Tuefday laft, in the Morning, beween the Hours of eleven and twelve of the Clock, in a forcible Manner, near Charing-Crofi, obilrudt John Lotnas, ano- ther Conftable of the laid City (then in Waiting, and endeavouring to put in Execution the faid Order of this Houfe) in Contempt of the faid Order, and in Breach of the Privilege of this Houfe. Ordered, That the faid Henry Noble be, -for his faid Oiience, committed Pr> foner to the Prifon of the Gate-Ho-;fe ; and that Mr. Speaker do iiTue his War- rant accordingly. B 2 1007, [4] 1697, 2 8 Jan. Ordered, That Mr. Speaker do iflue his Warrant to the High-Conftab'e of Wejhninfter, that the Conftables in Wejlminfter do take care there be no Gaming or other Diforders in Wejlminfter-Hali during the Sitting of Parliament. 1699, 12 Dec. Ordered^ The Con- ftables in Waiting do take Care that there be no Gaming, or other Diforders, inWe/lminfter-Hall, during the Sitting of Parliament j and that there be no An- noyance by Chairmen, or otherwife, thereabouts. Refohed, That thefe Orders be fent to the High-Bailiff of Wejlminfter, and that he do fee the fame put in Ex- ecution. 1700, 19 Feb. Ordered and declared a Jlanding Order. Thefe Orders re- newed every Seffion. 1729, 14 Jan. Ordered, That the Ser- jeant at A ms, attending this Houfe, do take Care that there be no Gaming, or othe Dif rders, in the Room now fitted up for the Footmen, attending the N: em- bers of this Houfe to wait in. Revived every Seflion. [ 5] I747> *6 Nov. Ordered, That the Conftables in Waiting, do take Care that there be no Gaming, or other Disorders in Weftmitifter-Hall, or the Paffages lead-, ing to the Houfe, during the bitting of Parliament ; and that there be no An- noyance by Chairmen, Footmen, or otherwife, therein or thereabouts j that the faid Orders be fent to the High- Bailiff of Weftminjler, and that he do fee the fame put in Execution. Ordered, That the Serjeant at Arms, attending this Houfe, do take into his Cuftody fuch Footmen as (hall prefumc to diibbey the Orders of the Houfe ; and that no fuch Footmen be difcharged out of Cuftody, but by fpecial Order of the Houfe. Revived annually. 1641, 28 Jan. Ordered, That if any Footmen, or other Perfon whatfoever, fhali offer any Affront or Abufe to the Guards appointed to attend this Houfe, that the Guards fliall apprehend fuch Perfons, and bring them to this Houfe to receive condign Puniihment : And it is likewi e ordered, that no Footman that belongs to any Member of this Houfe, or to any other, (hall come up B the [6] the Stairs of this Houfe, or {land on the Stairs. 1666, 13 Off. Ordered, That no Pa- ges, Footmen, or Footboys, be fuffered to be in any of the Lobbies, or on the Stairs leading to the Houfe, during the Sitting of the Houfe ; and that the Ser- jeant at Arms do take care to put this Order in Execution. 1685, 4 June. The fame Order, and the Footmen to attend in the Hall. 1699, $ March. Revived. 1670, 12 Nov. Ordered^ That no Lacquey or Footman belonging to any Member of this Houfe, or other Gen- tlemen's Servants, do hereafter prefume ro (land upon any Part of the Stairs lead- ing up to this Houfe ; and in Cafe any of them mall do contrary hereunto, fuch Lacquey or Footman is to be fcnt to the I Joule of Correction, and the Serjeant at Arms attending this Houfe, is to fee that this Order be fet up at the further Door of the Lobby. 1672,, 7 Feb. -j 1675, 1 6 Ap. /Revived. 1676, 22 Dec. C 8 and 22 fvA< [7] 172 r, 31 July, The Serjeant order'd to take them into Cuftody, and Knights- Mar (hal's Officer to aliift the Serjeant. 1685, 4 June. Ordered, That the fe- veral Members of this Houfe be defired to difarm their Footmen and Lacquies attending this Houfe. j 688, 22 Jan. Ordered, That the Ser- jeant at Arms attending this Houfe, do take efpecial Care to keep the Stairs and Paffage to the Houfe, free from Interrup- tion by Footmen and Lacquies ; and that no Footman or Lacquey do prefume to ftand upon the Stairs, whereof they are required to take efpecial Notice, and demean themfelves accordingly 3 and that this Order be affixed on the Doors of Wt/lminfler-Hall, and the Ports and other convenient Places adjacent to this Houfe. 1695, 20 Dec. Revived. 1695, 8 Feb. On Complaint, to be taken into Cuftody. 1 693, 13 Jan. Ordered, That the Ser- jeant at Arms do take care to keep the Stairs clear from Footmen, and that he do take into his Cuftody fuck of them as fliall behave themfelves rudely j and that the Conftables of Weflmifijkr do B 4 take [ 8] take care, that the Railages in and about Weftminfter-Hall y be kept clear from Chairmen and Coachmen, fo that they may not flop or annoy the Members of this Houfe, and this Order to be affixed upon We/lminfter-HaU Gate, and the Lobby of this Houfe. 1 699, 1 8 Jan. Made a (landing Order. 1720, 1 6 Mar.. To be taken into Cuf- tody, and not difcharged but by fpecial Order of the Houfe. 1699, 2 7 J an - Ordered, That the Ser- jeant at Arms, and his MefTengers, do take all poffible Care to keep the Lobby,. Pafiages, and Stairs of the Houfe, clear of all loofe, idle, and diforderly Per- fons. 1 747, 1 6 Nov. Ordered, That no Foot- man be permitted to be within the Lob- by of the Houfe, or upon the Stairs leading thereto. Revived annually. 1739, 8 Feb. Complaint being made to t'u- Houfe, that great Numbers of idle a d dhbrdv j rly Pcrfons do daily, under t! e Pi-r-tence of afking Charity, infcftthe Streets and public Places of the City and Liberty oJ Wtftmnftcr y to the great An- noyance and Interruption of the Mem- ber* [ 9 ]' bers of this Houfe in their Paffage to and from this Houfe, and of other Per- fons going on their lawful Occalions, notwithftanding the great Collections which have been made for the Relief of the Pooi", during the present fevere Seafon, over and above the Provifion of the refpeclive Parishes for that Purpofe. Ordered, That Mr. Speaker do fend to the Juftices of the Peace for the faid City and Liberty, and to the Veftries of the refpedivc Parilhes there, that Di- rections may be given forthwith by them to the Beadles, Conftables, and other Officers of the faid refpeclive Parifhes, to put the Laws in Execution againft all idie and diforderly Perfons, who ihall be found infeiting the Streets, and other publick Places of the faid City and Li- berty, under Pretence of aiking Cha-- rity, Papijls not to come near the Houfs during : this Parliament. 1 690, I o Dec. Ordered, That no Pa- - pifts do prefume to come into Wejiwin- Jkr-Hall y the Coult--of Requcrts, or 5- [10] Lobby of this Houfe, during the Sitting of this Parliament ; and this Order to be patted up ^.Weftminfter-Hall Gate, and in the Lobby of this Houfe, and that the Serjeant at Arms attending this Houfe, do take into Cuftody ali fuch Perfons as fhall offend againft the faid Order. ORDERS for fitting up Lamps, and for bringing in Candles. 1699, ^ Dec. Ordered^ ^TpHAT Lamps be fet up every Night: -** upon the Stairs to this Houfe, and in the Paffages and other convenient Places, for the better Accommodation of the Members in their Attendance upon Com- mittees. 1 700, ! 9 Feb. Ordered, That Lamps bp fet up every Night upon the Stairs to this Houfe, and in the Paffages and other con- venient Places, for the Accommodation of the Members in theirAttendance upoa the Service of the Houfe: and Com- mittees. Ordered and declared a flanding Order. 1701, 19 Feb. Ordered, That the Ser- jeant at Arms do give. Notice to the pro- per per Officer, that there be more Lamps 1 or Lights fet up in convenient Places leading to, and in the Paffages about the Houfe, and the Streets leading thereto. 1717, 6 Feb. Ordered and declared^ That when the Houfe (hall be Sitting, and Day-light fliall be {hut in, that the Serjeant at Arms attending this Houfe, do take care that Candles be brought in, without any particular Order for that : Purpofe. Refolded, That the faid Order, be a Handing Order of the Houfe. COLLECTIONS for the Officers of the Hcuje, recommending them to the King jor Salaries, and Fees to be taken by them. 1625, 14 Aug. Refofoed, np H AT every Knight of the Shire is * to pay ten Shillings, and every Bur- gefs five ^hillings, according to the Note delivered in by the Committee for Lon- don, '&c. and whofoever is abfent to pay double. The Sum collected, iia/. B6 1641; 1641-, 24 June. Rfjotved upon the Queftion, That every Knight fhall pay twenty Shillings, and every Burgefs ten Shillings, to be difpofed of, by Order of this Houfe,' among fuch Officers as they fhall think fit, for a Reward for their feveral great Pains. Re/ohed, &c. Thatthefe Monies (hall be paid in by Monday next. Refofocd, dec. That thofe that have not paid in their Monies by Monday next, fhall pay double. Moved, That the Houfe might be kept fweet and clean ; and the Serjeant was required to take care, that it might he fo kept accordingly. 1644, 13 Dec. Ordered, That no pri- vate Ordinance do pafs this Houfe, or be tranfmitted to the Lords, until the Far- tics that are concerned therein, do firft pay fuch Fees for the fame unto Mr. Speaker, the Clerk, Serjeant, and others belonging to the faid Houfc, as hath ufualiy been paid upon the palling of private Bills j . and all Members, that from any Committee, wherein the Ad- vantage or Benefit of any private Perfon is. concerned, are defired to take Notice of of this Order, and to acquaint the Per- fons that arc, or (hall be conce- ned here- with j and to appoint them fir it to pay fuch antient and accuftomed Fees, as aforefaid, to Mr. Speaker, the Clerk, and other the Officers of the faid Houfe. 1662, 1 6 May. Ordered, That every Knight of the Shire, now prefent in Town, do give amongft the Servants of the Houfe of Commons, ten Shillings \ and every Citizen, Burgefs, or Baron, now in Town, five Shillings ; and every Knight, Citizen, Burgefs or Baron, that is abfent, to give double the faid Sums of ten Shillings, and five Shillings, re- fpeclively amongft the faid Servants j and that if any of the Members that are pre- fent do not pay in their Monies before Tuefday Morning, fuch as (hall fail mall be taken as abfent, and pay double the Sums before- mentioned refpectively ; and the faid Monies are to be paid in to Mr. Sharp, Deputy to the Clerk of this Houfe, and is to be diftributed amongft the Servants by Mr, Speaker. t66 4l [ 12 May, 1666, 2 Jan. 1688, 24 April, 1670, 4 March, 1672, 24 March, ^ Revived; 1678, 31 May, 1689, 31' 1690, 15 1*95. i : 1700, 6 ^/. The Clerk of the Houfe, Serjeant at Arms, Clerk Affiftant, and other Clerks ndOfficers of this Houfe, having ferved with great Diligence and Fidelity, and being but flenderly provided for. Rejohed, That the faid Clerk of the Houfe, Serjeant at Arms, Clerk Affif- tant, and other Clerks and Officers, be humbly recommended to his Majefty, that they may have competent Salaries, . anfwerable to their Truft and Services, fettled upon them. 1731,22 eb. Refohed; That all Fees, to be demanded or taken by any Officer or Se vant of the Houfe, be fixed ac- cording to the Rate of the Liil of Fees entered in the Journal of the Year 1700; . and that Tables of the fame, being firfl pcrufed by Mr. Speaker, be printed and hung . hung up in the Speaker's Chamber, hr thc Lobby, and in the Clerk's Office;, and that the Clerk take care to renew fuch printed Tables from Time to Time, as Occafion (hall require, and to pre- ferve them always fair and legible. Rejohed and Declared^ Netnine Con-? tradicent, That if any Officer or Ser- vant of this Houfe, fhallprefume to de- mand, or take any greater Fee than what (hall be contained in the faid printed Tables, this Houfe will proceed againft fuch Officer or Servant with the utmoft Severity. Ordered, That the faid Refolutions be' flanding Orders of the Houfe. Ordered, That the faid Refolutions be printed 'with the faid Table. A TABLE of FEES to be demanded and taken by the Officers and Servants - of the honourable Houfe of Commons. To Mr. Speaker, I s. d. Tf'O K every private Bill 5 o p ** For every private enacling Claufe. ^^- ^ 5 o o And ['6 .] And if tKe Bill concerns a Coun- ty or Counties, Corporation or Corporations, or in the Cafe of fuch-like Bills, called double Bills ~ - 10 o o To Mr. Speaker's Secretary. "For eve: y private Bill o 10 o For every private enacting CJaufe o I o o And if the Bi.l concerns a Coun- ty or Counties, or Corpora- tion or Corporations, or in the Cafe of fuch like Bills, called double Bills I o For every Warrant figncd by Mr. Speaker for a newWrit, Com- mitment, Difcharge, or Wit- nefs to attend o i o o To tbe Clerk, and the Officers under him. To the Clerk. ( 'For the feveral Readings 3 13 4 For Brcviating. Amend- Private Bills, ments, interlocutory Orders,and other Pro- ceedings 150 For the Order of Com- mitment - 068 For every private enadingCiauie 5 o o Aai And if the Bill concerns a Coun- ty or Coun Jes, or Corpora- tion or Corporations, or in the Cafe of fuch like Bills, called double Bills 10 o For every Order upon Motion, or Petition, or Committees appointed in private Matters, or Copies of them, or of Committees in publick Mat- ters ; taken out by any Per- fon . -068 For every Order for the Com- mitment or Difcharge of any Perfon 068 For Copies of all Petitions, Re- ports, or other Matters out of the Journals, if under ten * Sheets 068 if above ten Sheets, per Sheet o i o For every Search in the Journals o 68 For Copies of Bills per Sheet o J o but if for Members 004 For engroffing Bills, per Prefs o 12 6 For every Hearing at the Bar, from each Side. <. 1134 For: For attending Committees of the whole Houfe, or grand Com- mittees in private Concerns 0134 And for preparing the Report, and tranfcribing o 10 o For reading at the Table, and entering in the Journal, a Re- port in private Matters, if long o 10 o jffluxt o 68 For fwearing every Member without and within Doors (up- on the Clerk of ihe Crown's Return upon any Vacancy) af- ter the Seffions begun, and filing the Certificate, and en- tering it in the Return- Book I 50 For the Teft, by Aft of Parlia- ment, at the Table o I o For fwearing every Perfon at the Table, in order to be natura- lized o 13 4 To the Clerk- AJjljlant. For every private Bill i For every private enaclingClaufe I And if the Bill concerns a Coun- ty or Counties, or Corpora- tion or Corporations, or in the Cafe of fuch-like Bills, called double Bills 200 or every Hearing at the Bar, from each Side 068 or attending Committees of the whole Houfe, or grand Com- mittees, in private Concerns 060 ?or every O.der of fuch Com- mittees ~ 050 "or reading every Petition in pri- vate Matters - 028 To the Clerk of the Committee of Elections. For attending the Hearing the Merits of the Caufe - o 13 4 For drawing the Report 068 For a fair Copy of the Report for the Chairman -034 For each Exhibit 020 For the- Examination of a Wit- nefs o 2 & For each Order of the Com- mittee - 050 the four Clerks without Doors at fend- ing upon Committees. For attending to adjourn a Com- mittee upon a private Bill, or Petition - 034 For [20] For attending a Sitting of the Committee upon fuch Bill or Petition . . 068 For drawing and transcribing the Report for fuch Committee 068 And where the Bill or Petition concerns a County or Corpo- ration, or Body of People, in fuch-like Cafes (in which doub e Fees arc paid to the Officers of the Houfe) double Fees. For a Summons for a Witnefs to attend a Committee o 26 For examining a Witnefs, or taking the Content of a Par- ty to the pairing of a Bill o 26 For every Deed, or other Ex- hibi*-, made Ufe of before the Committee * 020 To the chief Clerk without Doors (being one of the Jour Clerks 'without Doors) who receives the Fees, and pays them to the Officers of the HouJ'e ; for fo doing, For every private Bill - o I o o For every private enabling Claufe o i o o And And if a BUI concerns a County or Counties, Corporation or Corpo-atio s,or in the Cafe of fuch-like Bills, called double Bilb, a double Fee I o o To the Serjeant and Officers under him. To the Srijeant. For every private Bill i 5 o For every private enacting Claufe I 59 And if the Bill concerns a Coun- ty or Counties, or O rpora- tion or Corporations, or in the Cafe of fuch-like Bill?, ' called cioub e Bills . I 10 o For taking a Knight intoCuftody 500 For taking a Gentleman into Cuftody 368 For one Day in Cuftody I 68 For every Day in Cuftody I o o From every Knight of the Shire, when fworn into the Houfe (upon the Clerk of the Crown's Return upon any Vacancy) after the Seffions begun - o 10 o From every Burgefs, upon fuch Vacancy 050 From From every Perfon f .vorn at the Table, in order to L e natura- lized o 12 6 For every Counfel pleading at the Bar, or before any Com- mittee _ o 10 o For bringing a Criminal to the Bar o 6 8 For riding Charges, for every Mile 006 To the Houfi-Keeper. For every private Bill - o 50 For every enading Claufe o 50 And if t he B.ll concerns a Coun- ty or Counties, or Corpora- tion or Corporations, or in the Cafe of fuch-like Bills, called double Bills o For fvery private Committee o For tvery Hearing at the. Bar o 10 For every Prifoner difcharged by the Houfe 05 To tie two Door- Keepers. For every private Bill - 05 Fo 1 every private enading Clai.fe ' o c [23 ] And if the Bill concerns a Coun- ty or Counties, or Corpora- tion or Corporations, or in the Cafe of fuch-like Bills, called double Bills o 10 o For attending a Hearing at the Bar in private Matters 076 For delivering Papers at the Door 050 Upon the Difcharge of every Prifoner, to each 026 From every Member fworn (up- on the Clerk of the Crown's Return upon any Vacancy) after the Seffions begun o 50 70 the four MeJJengers. For ferving any Summons of the Houfe in private Matters 06$ For ferving the O ders of Com- mittees in private Matters o 26 For attending a Frifoner per Diem 068 For keeping the Door at a pri- vate Committee 026 1746, 12 June. Re/ofoed, That the Serjeant at Arms attending this Houfe, is intitled to, and ought to take and and receive from every Perfon who fliall be bought to the Bar of this Houfe, to be reprimanded by Mr. Speaker, the Fees following j viz. the Fee of 5!. or 3!. 6s. 8d. ? according to the Table of Fees N for taking a Perfon into Cuftody ; the Fees for one Day in Cuftody, viz. il. for himfelf, and 6s. 8d. for the Mef- fenger ; and the Fee of 6s. 8d. for bring- ing a Criminal to the Bar. 1751, 13 June. Refolved, That every Bill for the particular Intereft or Benefit of any Perfon or Perfons, whether the fame be brought in upon Petition or Motion, or Report from a Committee, or brought fr->m the Lords, hath been, and ought to be, deemed a private Bill, with- in the Meaning of the T bleof Fees. R(/ofoea, That every enacting Claufe, fo brought in upon Petition, Motion, or Report, or brought from the Lords, for a particular Intereft or Benefit, hath been, and o ight to be, deemed a private enact - ing Claufe, within the Meaning of the faid Table of Fee-, whether the Bill, in which fuch Claufe is infe.ted, be pub- lick or private. Rejohed, That every fuch Bill, and every iuch enabling CLufe, which con- cerns ccrns a County or Counties, or Corpora- tion or Corporations, or Body or Bodies of People, hath been, and oughc to be, deemed a double Bill, within the Mean- ing of the faid Table of Fees. Refohed y That every diftinft Proyi- fion made in any Bill, for the particular Intereft or Benefit of any Perfon or Perfon?, or of any County or Counties, Corporation or Corporations, or Body or Bodies of People; and every diftincl: Pro- vifion made in any Bill, relating to a dif- tinc~t Intereft, Eftate or Matter, hath been, and ought to be, deemed an enabl- ing Claufe, within the Meaning of the faid Table of Fees ; and that a diftindt Fee ought to be paid for the fame, as for an enacling Claufe; provided, that iri Bills containing diftinct Provifions for more than three Bodies of People, no more than a fingle Fee (hall be paid for each Body. Refohedy That nofuch Bill, or Claufe, for the particular Intereft or Benefit of any Perfon or Perfons, or County or. Counties, or Corporation or Corpora- tions, or Body or Bodies of People, fhall be read a f co;.d Time, until Fees be paid for the lame. C OR- [ 26 ] O R D E R S for the Speakers taking, on Vacancy of the Chair t his Power of adjourning Precede?ice. 1640, 5 January, TT 'was ordered as a conflant Ru/e t *- That Mr. Speaker is not to go into his Chair, till there be at leaft forty in the Houfe. 1679, 12 Ap. pi/i Meridiem Refohed t &c. That it be a ftanding Order of the Houfe, That from henceforth, upon any Vacancy of the Chair, no Motion be made for chuiing of a new Speaker, till after ii o'Clock. 1678, i^ Dec. Refohed, That Mr. Speaker {hall at any Time adjourn the Houfe, without a Queftion firft put, if it be infifted on. Refohed, That this Rcfolution be en- tered in the Jou.nal, as a {landing Order of the Houfe. 1641, 2 Ap. Ordered, That whereas, amo ;g the Commiffi ^ncrs Names for the Counties of Oxon and Glouc\fter, and the City of Gkucejler, Mr. Speaker is only named William Lenfba/l, Efq; it is n ^v ordered, that it mould be exprefled Wil~ liam Lent bail, Efqj Speaker of the Houfe of [ 27] of Commons, and that he be ranked in the firft Place. 16^0, 15 Feb. The Speaker told ?hat he was too courteous, for that he put off his H:t too ofkn ; he fhould not move it until the third Congee. 1620, 22 Mar. Ordered, That the Serjeant at Aims mall go to the Upper Houfe, and charge all the Members of this Houfe, that are there, prefently to repair into this Houfe, to attend the Speaker into the Upper Houfe, upon Penalty of the Cenfure of this Houfe. 164.1, 14 Dec. Ordered, That all the Members of the Houfe that are gone up to the Lords, now before Mr. Speaker, Hiall pay their Five Shillings a-piece. O R D E R S for the Sitting, being at Prayers, taking Places, and rifmg of the Houfe. 1614, 17 May, Ordered, That whc- fjever ftandeth in the Entry pay i s. preiently to the Serjeant. 1622, 6, 9 Feb. 1625, 22 Feb. Revived. 164-, 15 Jan. 1660, 14 Dec. 1 66 1, 7 June C 2 1614, [ 28 ] i6i 4 , 31 May, Ordered, That this Houfe .{hall fit every Day t fcven o'Clock in the Morning, and begin to read Bills fecondly at ten o'Cicck. 1679, 29 Ap. Rffcl-ved, That this Houfe will every Day adjourn till feven o'Clcck the next Morning. 1624, 24 4p. To meet at half an Hour after feven, and Bills to be put to Paflage by eight o'Cicck. 1606, i^Feb. An Order moved and fettled, that the Houfe mould affemble every Day at ei ht o'Clock, and enter into the great jBufmefs at nine o'Clock. 164', i May, Ordered, That all the Members of thi* Houie, that mail come to the Houfe after eight o'Cicck, (hall pay i s. except it mall appear to the Houfe, that they are employed in the Service of this Houfe, to be difpofed of as the Houfe mall t ! ink fit, and the Serjeant is to gather this Money ; and if any Member (hall forbear to come for the v hole D. y, he mail pay 5 s. unlefs he have Licence from this Houfe, or be fick, o; be in the Service of the Houfe. 1642, 19 Ap. Ordered, That who- foever mall not be here at Prayers every 1 29 ] every Morning at eight o'Clock, (hall pay i s. to the Poor ; and every Mem- ber that fhall come after Prjyers, is ordered to pay i s. to the Sejeant with- out any farther Demand. 16^,9, 31 May, Ordered^ That Mr, Speaker do coniiantly, every Morning, take the Chair by eight o'clock, and that the Council of State, and Com- mittees of this Houfe, do forbear to fit in the Morning after tight o'Clock, and do then give their Attendance on the Service of the Houfe ; and that the Houfe do rife every Day at twelve o'Clock, and that no new Motion be' made after twelve o'Clock, but that Mr. Speaker is hereby enjoined then to rife. 1643, 14 Feb. Refohed, That the Houfe do meet every Day at nine o'Clock and rife at twelve ; and Mr. Speaker is to put the Houfe in mind hereof,and thatfuch Members that come after nine, mall pay i s. to the Poor ; and that if any Member mall begin, or maks a new Motion after twelve o'Clock, mall pay 5 s. to be collected in like Manner, and like wife difpofed of to the Poor. A Box is to be prepared and let up" at the Door to this Purpoie, and the C 3 Burgefles- Burgefles of Weftminfter are to take care that the Money be duly paid. 1649, 23 March, Re/blved, &c. That every Member that doth not attend the Service of the Houfe at nine o'Clock in the Morning, fhall piy i j. to the Poor, and the Serjeant to colled: the fame of a'l the Members that fhall come after that Time. 1647, 2I Marcb y Ordered^ That fo f;on as the Clock firikes twelve, Mr. Speaker do go out of the Chair, and that the Houfe rife, and no new Mo- tion be made after twelve o'Clock, 1679 24 March) Refihcd) That the Houfe will lit every Morning at nine o'Clock, and that no new MotLn be made after one o'Clock. 1694, 19 Nov. Refolved) That this Houfe will every Morning, at ten o'Clock, enter upon publick, and that no private Bufineis be -proceeded upon after ten o'Clock. 169^ 25 Nov. The fame Order for Motions. 1696, 2 Nov. Refolved) To proceed on Bufi efs at ten o'Clock. 1640, 22 April) Ordered) That v. hat&ever Member of the Houfe mall, duiing [ 3- ] during the Time the Houfe is at Prayers, continue either in the Committee Chamber, or in the Judges Room, and fhall not come and be p:efent at Prayers, fhall forfeit and p,y for every Time he (hall fo abfent himfelf i s. to be collected by the Se je>nt at Arms, and to be difbibuted to the Poor. l6 54, i$J an - ar >d 1656, 24. Nov. Revived. 1640, ?6 Nov. O'dereJ, r [ hat neither Book nor Gl?ve rmy give any Man Title or Jntereft to any PLce, it they them- felves be not at Prayeis. 1640, 4 Dec. Ordered, That who- foever does not take his Place when he comes into the Houfe, or removes Btet of his Place, to the Difturbance of the Houfe, mall pay i -s. to be divided be- tween the Serjeant and the Poor j and whofoever fpeaketh fo loud in the Houfe when any Bill or other Matter is read- ing, as to difturb the Houfe, fhall pay the like Forfeiture. 1641, 17 Nov. Ordered, That the Serjeant mall defire the Gentlemen Members of the Houfe to take their Plicesvvhen they come into the Houfe, C 4 ai:d [3*] and not to flop up the Pa/Tage in the Time of Prayers. 1656, jp Sept. Agreed for a Rule , That whilft any Stranger is in the Hoafe, no Member ought to ftir out of his Place, or fpeak unto another. 1698, 10 Feb. Ordered, That every Member of this Houfe, when he comes in the Houfe, do take his Place, and not (land in the Pailage as he comes in or goes out, or fit or ftand in any of the Paflagcs to the Seats, or in the PafTage behind the. Chair, or elfewhere, that is not a proper Place. J 7 20 > J 5 ^ e ^- Revived. 1734, i o Mar. Complaint being made to the Houfe, that Places were kept in the Houfe for Members who were not at Prayer?, by laying Papers for that Purpofe, "Declared^ That no Member is to keep any Place in the Houfe by Book, Glove, Paper, or otherwife, till after Prayers, and then only for himlelf. 1734, 13 Mar. Rffolved and De- clired, That the Declaration of the Houfe of the icth Day of this Inftant March ; that no Member is to keep any Place [ 33 J Place in the Houfe by Book, Glove, Paper, or otherwife, till after Prayers, and then only for himfelf; does not ex- tend to a Member who takes a Place by and for himfelf only before Prayers, and leaves a Book, Glove, Paper, or other Mark of the lame, provided iuch Member be at Prayers. 1741, 29 Jan. The Houfe was moved, that the feveral Refolutions of the Houfe of the 26th November ^ 1640 ; and the icth and i3th March, 1734,^ relating to the Method of taking Places in the Houfe might be read, and the. fame were read accordingly, and ordered to be printed in the Votes of the Day. 1747, 16 Nov. Ordered, that the. Serjeant at Arms do, from Time to Time, when the Houfe is going to Prayers, give Notice thereof to all Com- mittees , and that all Proceedings of Committees in a Morning after fuch No~ tice, be declared to be null and void,. Revived annually.. OKI- [34] O R D E R S for locking tke Back Door r and keeping the Houfe, Bar and Gal- lery, and Speaker's Chamber and Lobby clear of Strangers, and taking them into Cuftody. 1650, 20 Dec. Refohcd, >*~p HAT the Serjeant at Arms do not *- permit any Pe; f >ns to come within this Houfe in the Morning that the Houfe fits, fave only the Members of the Houfe, the Minifter that prays, and ihe Officers attending the Houfe. 1662, 5 Mar. Ordered, That the Back Door of the Speaker's Chamber be locked up eve;y Morning at the Sit- ting of the Houfe, and the Key deli- vered to the Clerk, to be locked up by him j and that he do not prefume to deliver the fame to any Perfon whatfo- ever, without Order of the Houfe -, and that the Serjeant at Arms attending this Houfe do take cure to char the Speaker's Chamber every Day, before the Door is locked up. 1673, 29 Jan. Renewed. 2747, 1 6 Nov. Revived Annually. 1-670, 8 Ap. Refolded, That the Back Door in the Speaker's Chamber be D ailed [ 35 ] . nailed up, and not opened during any Seflion of Parliament. 1679, 7 Ap. Ordered^ that the Back Door belonging to the Speaker's Cham- ber be locked up, and that the Keys do lie upon the Table vvhilft the Houie is fitting ; and that the Window next ad- joining to the faid Door be (hut up. 1688, 28 Jan. Ordered, That the Serjeant at Arms do take care to keep the Speaker's Chamber free from Strangers j and the Back Door being locked up, the Key be brought and laid upon the Table. 1688, 29 Jan. Ordered^ That the Serjeant at Arms do keep the Gallery free from Strangers, and that the Back Door be locked up, and the Key brought and laid upon the Table, which was done accordingly. 1688, 5 Feb. Ordered, That the Back Door leading into the Speaker's Chamber be from Time to Time kept locked up during the Sitting of this Houfe, and the Key to be kept lyir.g upon the Table, and not to be delivered out without Leave of this Hcr.fe ; and that the Serjeant at Arms do t.ike care to ice this Order executed. 1690 [36] 1690, 2 dp. and. 10 Nov. Revived. 1688, 26 Feb. Ordered, That the Serjeant at Arms attending this Houfe do, from Time to Time, take into his Cuftody any Stranger or Strangers that he fhall fee, or be informed to be in the Houfe, or Gallery, while the Houfe, or any Committee of the whole Houfe, is fitting* j689, 21 Nov. T 1690, 2 Ap. > Revived. 1705, 31 051. J 1719, 16 March^ is added, and that no Perfon fo taken into Cuftody be dif- charged out of Cuftody without the fpecial Order of the Houfe. (After tnis revived annually.) 1698, 21 Ap. Ordered, That the Serjeant do lock up the Back Door in the Speaker's Chamber every Morning at ten o'Clock, and bring the Keys and lay them upon the Table. 3699, 24 Nov. Revived. -1702, 24 Nov. Made a flanding Order. 1700, 10 Ap. Ordered, That the Lobby be cleared of all Stranger-, and that the Back Door of the Speaker's Chamber be locked up, and the Key brought [37] brought and laid upon the Table ; and that the Serjeant do fland at the Door of the Houfe, and fuffer no Members to go forth. 1715, 9 June, Revived. 1705, 15 Nov. Ordered, That the Serjeant at Arms do take into Cuftody all fuch Strangers as do prefume to come into the Body of the Houfe, or Galleries during the fitting of any Com- mittee therein ; and that the Lobby and Stairs be kept clear of Foo'men, made a ftanding Order of the Houfe. 1709, 1 6 Jan. Ordered, That no Member do prefume to bring any Strangers into the Houfe, or Gallery, whilft the Houfe is fitting. Revived annually, 1688, 8 Feb. Ordered, That the Serjeant at Arms do take care to keep the Bar of this Houfe clear from being flopped up by the flanding of the Mem- bers there, who ought to fit in their Places, and attend the Service of the, Houfe, ORDERS [38] ORDERS of Decency, Speaking, Making Motions, and on Rifing of tbe Houfe. 1614, 13 April, MR. Speaker, for the Dignity and Gravity of the Houfe,^ Ordered, that no Interruption be made till the Speech of the Party fpeaking be ended and ruled. 164!, 5 May, Refohed, That if any Man mall whlfper, or flir out of his Phce, to the Difturbance of the Houfe, at any MefTage or Bulinefs of Impor- tance, Mr. Speaker is ordered to pre- fent his Name to the Houfe, for the Houfe to proceed againft him, as they fhall think fit. 1644, 17 Feb. Ordered, That no Member do prefume to go over the Seats, or crofs the Houfe, to the Di- fturbance of the Houfe, or read any printed Book in the Houfe ; and that Itich Member as (hall fo offend, mall pay i s. to the Box for the Ufe of the Poor. 1693, 22 Jan. To the End that all Debates of this Houfe mould be grave and orderly, as becomes fo great an- Afieiiibly, [39 I Affembly, and that all Interruptions (hall be prevented by it, Ordered and Declared, That no Mem- ber of this Houfe do prefume to make any Noife or Disturbance, whilft any Member mail be orderly debating, or whilft any Bill, Order, or other Matter, fhall be reading or opening ; and in cafe of any Noife or Difturbance, that Mr. Speaker do call upon the Member by Name, making fuch Difturbance j and that every fuch Perfon mall incur the Difpieafure and Cenfure of this Houfe. 1693, 23 Mar. Ordered, That no Member of the Houfe do prefume to take Tobacco in. the Gallery of the Houfe. Ordered, That no Member of the Houfe do prefume to take Tobacco at the Table, fitting at Committees. 1604, 17 Ap. Agreed for a Rule, That if any fuperfluous Motion, or fe- dltious Speeches be offered in the Houfe, the Party is to be directed and ordered by Mr. Speaker. 1640, 4 Dec. Ordered, That the Bu- fniefs in Agitation being ended, no new Motion of any new Matter mall be made, without Leave of the Houfe. 1641, [40 ] 1641, 23 March, Ordered, That no new Motion (hall be made after twelve o'Clock. 1643, 29 Jan. Refohed, That when any Motion is made in the Houfe, for any Member or other, for any Place or Office to be conferred upon them, that the Houfe mail take a Day's Time re- quifite to conuder of the fame, before they make Ordrr therein, and to be made in a fu ! l Houfe. 1644, j Ap. Ordered, That no Mem- ber do offer to move after Prayers are done, till the Minifter that prayed bc ,gone out of the Houfe. i6-j-5, 22 Mty, Ordered, That Mr. Speaker mail not hear any new Motion after twelve o'Clock. 1645, 2 5 ft- Ordered, That no new Motion of any Bufinefs whatfoever mall be made after twelve o'Clo.k; and that Mr. Speaker mall not hear any new Motion after twelve o'Clock, and the Houfe immediately to rife ; and that Mr.. Speaker do then leave the Chair, unlefs the Houfe be in the Debate of a. Bufinefs, or the Houfe otherwife order, 1649, 23 March, Revived. 1660,, i66o, 25 Ap. Rejolved > That no new Bufinefs be brought in, or entertained in the Houfe after twelve o'Clock. 1660, 23 Aug. Refofocd, That no private Bufinefs be entertained by this Houfe, on any Day after half an Hour after nine o'Clock, till further Order. 1660, 26 Nov. After ten o'Clock. 1 66 1 , 10 June, After nine o'Clock. 1692, 4 A*. j Aftcr tcn O . a ock. 1693, 24 Jan. \ 2 9 J an - After eleven o'Clock. ORDER touching Naturalization. 1668, 2 May, Ordered, HP HAT when any Perfons come to * be naturalized hereafter, they do firft take the Oaths of Allegiance and Supremacy in the Houfe, after the Speaker takes the Chair, according to ancient Form. ORDE RS [42] ORDERS relating to Speaking and on the Queftion. 1604, J 4 dpril. Members mi flaking tbe ^eftion interrupted by Mr. Speaker, and thereby a Rule co?iceived y viz. *Tp H AT if any Man fpeak imper- * tinently, or betides the Queft'.on in Hand, it fiandeth with the Order of the Houfe, for Mr. Speaker to interrupt him, and 10 know the Pleafure of the Houfe, wheiher they wi.l further hear him. 1604, 19 Ma\\ *d Rule agreed, That if any Man fpeak not to the Matter in Queftion, the Speaker is to moderate. 1604, 21 June, Agreed for a Rule, That when Mr. Speaker defires to fpeak, he ought to be heard without Interrup- tion, if the Houfe be iilent, and not in difpute. 1606, 17 May, Any Man may fpeak, after the Affirmative Queftion, and be- fore the Negative. 1610, 21 UL>llion, That all thofe which ditto rb the Houfe, by rufhing into the Entry before Mr. Speaker at the Riling of the Houfe, mall be called to the Bar. 1625. 9 March, Ordered, That none {hall go out of the Houfe, when ic rileth, before Mr. Speaker. 1625, 1 5 March, Ordered, That no Man fhall go out from the grand Com- mittee before the Speaker take his Chair again, and fo the Houfe rife in the ufual Order. 1627, 26 March, Ordered, That all which ftand in the Entrv, or go out dif- orderly before the Speaker, ihall pay i s. a-piece to the Serjeant, and fo like- wife at the Grand Committee, when the Houfe fitteth 1627, 14 June, 20 1 Jan. 9 Feb. L Revived. 1643, 1 6 Feb. J 164*, [46] 1640, 12 Nov. That whofoever fhal go forth of the Houfe in a coniufec manner, before Mr Speaker, fhall for- feit o J and that the Reporters might go fir ft to take their Places 1 660, i June Ordered, That when- foever the Houfe is to rife, every Mem- ber keep truir ;-eat till the Speaker go out, and then every one in their Courfe orderly as they fit, and not over the Forms. Ordered, That all fuch of the Mem- bers of this Houfe as climb over their Seats fhall pay 12 d. to the Serjeant at- tending this Houfe. The ORDERS of every Day to be read the next Morning. 1678, 21 March, Ordered, THAT the Orders for every Day be read the next Morning before any other Bufinefs. 1680, 27 Oft. Ordered, That the Votes of each Day be read the Day fol- lowing, the firft Bufinefs. 1698, 14 Mar. Ordered \ That the Orders for the Bufinefs appointed for the [47] the Day, be read every Day at eleven o'Clock. ORDERS upon Petitions, and bring- ing in, and pajjmg private Bills. 1 6 10, 28 June, Ordered, *~T* H A T if any Stranger prefer any * Grievance, he muft ftand by at the Reading. 1627, 12 May, Mr. Burgefs fendech in a Petition, but it b: ing not figned, the Houfe fignified to him that brought it by the Serjeant, that they could not meddle with it in that Refpecl. 1689, 14 Nov. A Debate arifing touching the Manner how Petitions ought to be figned. Rtfolved, That all Petitions prefented to the Houfe ought to be figned by the Petitioners, with their own Hands, by their Names or Marks. 1685, 2 ^ May, Ordeted, that for the future no private Bill be brought into th s Houfe, but upon a Petition firft prefented, truly ftating the Cafe, at the Peril of the Parties preferring the fame -, and that fuch Petitions fhall be figned by [4*] by the Parties, who are Sureties for fuch Bill. 1699, 2 4 A^' Made a {landing Order. 1698, 31 Mar. Ordered, That the Chairman of the Committee, upon the Report of every private Bill, do acquaint the Houfe, th-.t the Allegations of the Bill have been examined ; and that the Parties concerned have given their Con- fents, to the Satisfaction of the Com- mittee, and that the fame be a {landing Order of the Houfe. Feb. 1 | n . , Revived - I 75> I 5 J an - Ordered, That all Persons concerned in Intereft in private Bills, in cafe they are able, do perfo- nally attend the Committee to give their Confents ; and if they are not able per- fonally to attend, that they give Cer- tificates of their Confents, to be proved by one or more Witnefles before the Committee. 1691, 10 Dec. Ordered, That every Member prefenting any Bill or Petition to this Houfe, do go from his Place down to the Bar of the Houfe, and bring [49] bring the fame up from thence to the Table. 1646, 23 Sept. Refahed, That no private Petition to be dire&ed to the Par- liament, be printed before the fame be read in the Houfe. 1646, i Dec. Ordered, That the Order againft Printing private Petitions before they are prefented to the Houfe, be duly obferved and that the Serjeant attending this Houfe, (hall feize upon printed Petitions, in the Hands of any Perfons that (hall deliver or difperfe the fame. 1705, 12 Nov. Ordered, That all private Bills brought into this Houfe be printed, and that they be printed after they are prefented to the Houfe, and before the firft Reading. 1706, 12 Dec.^l 1708, 20 Dec. I Revived. 1709, 30 NGV J 1722, 5 March, Made a Handing Order. 1722, 5 March, Ordered, That no private Bill be read before printed Co- pies thereof be delivered to the Mem- bers of the Houfe. D O/v [ 50]. Ordered, That the faid Order be a landing Order of the Houfe^* \\( 1660, 7 Dec. Refohed, That private Bills and Bufmefs be proceeded in daily till nine o'Clock, in fuch Order as the Houfe (ball think fit ; and fhat the De- bate of fuch of them, as (hall not be diU patched at the Hour of nine, fhall be adjourned till the next Day. 1691, 24 Nov. Order 'ft/, That no pri- vate Bill be proceeded upon after ten o'Clock. 1691, 4 Feb. Revived. 1691, 16 Feb. 1 enlarged until e- 1649, 24 Nov. 3 leven o'Clock. 1697, 4 Feb. Ordered, That no Peti- tions be received after ten o'Clock in the Forenoon. Ordered, That the Chairman of the Committee, for any private Bill, do not fk thereupon without a Week's Notice thereof fet up in the Lobby. 1700, i$ Feb. 1 Declared a ftand- 1708, 187*0. J ing Order. 1695, 21 Jan. Ordered, That every private Bill have a Day appointed for reacirg thereof, before the fame bs rear, f'J3d **j6o,T '{13V3 1C r , ;.. :J-fnO I 5 1 J 1697, i$Jan. Orderea t Thzt upon the firft Reading of every private Bill, aTime be appointed for a fecond Reading, ^jjg" 1698, 6 Ap. Ordered^ That no pri- vate Bill be read the third Time before eleven o'Clock. Ordered^ That there be three Days between the feveral Readings of all pri- vate BillsgriT 1700, 15 Peb. 1 Made a {landing 1708, itjan. \ Order. 1707, 6 Feb. Refofaed, That all Per- fons intending to apply themfelves to the Parliament of Great Britain for obtaining private Bills relating to Eftates in Ireland, do from henceforth give publick Notice of their faid Intention, by affixing printed Papers, fetting forth their Pretenfions in each of the four Courts of Juftice in Dublin, during the whole Term, which mall precede the Seffion of Parliament, as alfo in the chief Town, wherein the AfTizes are ufually kept in each County, where the Lands fhall happen to lie, for one Month at leaft before the Bill be brought in. Refohed, That there be thirty Days at leaft between the firft and fecond Reading of every fuch private Bill. D 2 Rt- 1.52] Refohed, That the faid Orders be declared to be ftanding Orders of the Houfe. 1678, 26 Mar. Ordered, That in all private Bills, for the future, a Claufe be inferted,that the Truftees therein named fhall be obliged to fee the Trufts in the faid Bill performed, or be liable to the fome out of their own Eftates. 1690, 13 May, Ordered, That when any Bill (hall be brought into, this Houfe for confirming Letters Patents, there be a Copy of fuch Letters Patents annexed to the Bill, and that this be declared a landing Order of this Houfe for the future. 1690, 6 May, Ordered, That no en- groffed Bill be brought to the Table, to be read the third Time, but by the Chair- man of the Committee to. whom that. Bill was committed, after he hath ex- umined the fame. ORDERS . [ 53 ] ORDERS touching bringing in, and paffing Public Bills, viz. Poor, 'Trade, Highways, Ports and Har- bours. 1641, 26 July, Ordered, TH A T no Public Bill (hall pafs- but between Nine and Twelve o'Clock, and that if any Man fhall move the Members of the Houfs con- trary to that, he (hall incur the Cenfjre of the Houfe. 1699, 7 Mar. Ordered and Declared, That all Bills relating to the Poor, be deemed and taken to be Public Bills, and pafs without Fees for the fame. 1700, 25 Feb. Revived. 1703, 9 Nov. Refohed, That no Bill relating to Trade, or the Alteration of any Law concerning Trade, be brought into the Houfe, lAitil the Proportion {hall have been fir ft examined and de- bated in the Grand Committee for Trade, and agreed unto by the Houfe. 1716, 13 March, Refohed, That no Bill be ordered to be brought in on any Petition,' for repairing and amending any Highway, or for making, or clean- D 3 fing [54] fing any Port, or Harbour, or for mak- ing any River navigable, or for any other Work propofed to be carried on by Tolls or Duties, to be levied on the Sub- ject in particular Places, till fuch Petition has been reported, referred to a Com- mittee, and they examined the Matter thereof, and reported the fame to the Hcufe. 1734, 28 Feb. Ordered, Nemine Con- tradicente, That the faid Refolution be a {landing Order of the Houfe. 1752, Mar. 12, Rejolved> That it is the Opinion of this Committee, that in all future Bills for Acts of Parliament, for the erecting or continuing any Turn- pike, a Claufe be inferted, to oblige the Commiffioners of fuch Turnpike, to take Security from their Treafurer, or Receiver, for the faithful Execution of the faid Office, and to prevent any Per- fon, who fhall be nominated a Com- miflioner, from acting or voting in the Bufmefs of the faid Turnpike, unlsfs he lhall be pofTefled of an Eitate in Land, or a perfonal Eftate, to fuch certain Va- lue as fhall be fpecirkd in fuch Act. '\ [55] Ordered, Nemine Contradicente, That the iid Refolutions be made landing Orders. 1753, 14 March, Ordered, Nemine Contradicente, That in all future Bills for Afts of Parliament for the erect! *; or continuing any Turnpike, a Claufe be inferted, to prevent any Per/on who (hall be nominated a Commiffioner from Acting or Voting in the Buiinefs of the faid Turnpike, unlefs he (hall be pof- fefled of, or be Heir Apparent of a Fer- fon poffeiTed of, an Eftate in Land, or be poffcfieJ of a perfonal Eftate, to ! fuch certain Value as fhail be fpccified in fuch Bill?. Ordered^ Nemine Contradicente, That the faid Order be made a (landing Order of this Houfe. ORDER S toucblng, bringing in, and pajjing Bill's of Aid and Supply. 1641, 12 July, MR. Maxwell came down and ac- quainted this Houfe, that the Lords did defire them to come up to the pafling of the Bill of Tonnage and Poundage, by Cornmiffion. D 4; [ 56 ] Meflage to the Lords by Sir Henry Vane. To acquaint the Lords, that this Houfe being informed by the Black- Rod, that their Lordfhips defired this Houfe to come to the Faffing of the Bills of Tonnage and Poundage j that in regard it ii a free Gift of the Commons of England, the Speaker of the Houfe of Commons ought to prefent the fame, and that their Lordfhips would be pleafed to fend the Bill to this Houfe. Sir Henry Vane's Anfwer of the M:f- fage to the Lords. That their Lordihips had taken it into Confideration, and will fend Anfwer by MefTengers of their own. Note, There is no Entry of any An- fwer fent, nor Return of the Bill j but, 1641, 16 Aug. A Meffage from the Lords, by Sir Robert Rich, and Mr. Page. The Lords fent them to give Notice, that now the Commiflion is come for giving the King's Royal Affent to the Bill of Tonnage and Poundage, when this Houfe (hall be ready to bring it up. Anfwer r 57 r Anfwer returned by the fame Mef- fengers, That this Houfe has taken into Confideration their Lardmips MefTage, and return this]Anfwer ; that they (hall be ready to bring up that Bill, when their Lordfhips mall pleafe to fend them Word, that they deiire they would bring it up. The Gentleman Umcr of the Lords Houfe, came and acquainted the Houfey that the Lords are rady to give his Majefty's Royal AfTent by Commiffion, to the Bill of Tonnage and Poundage, and defire that the Speaker and this Houfe would bring up the faid Bill. 1641, 26 Jan. It was declared and acknowledged to be againft the funda- mental Orders of the Houfe, for any Member of the Ho'jfe, without fpecial Order of the Houfe, to bring in a Bill ofSubfidy. 1642, 26 Mar. The Bill ofSubfidy,.. being to be pafTed by Commiffion j Refohed, Upon the Queftion, That the Houfe being defired bj the Lords to be prefent at the palling of the Bill of 40,000 /. by Commiffion, That Mr. Speaker fhould go up, and if the .Bill be delivered to Mr. Speaker, before D j ' the: f -58] Commiflion be read, that then he (hall have leave to prefent it to be pafTed $ but jf the Lords fhall not deliver the Bill to Mr. Speaker's Hands accordingly, that then he fhall immediately return. 1643, 2 Nov. Ordered, That no Or- dinance (hall be brought in but with a Brief unto it ; and that the Party that brings in an Ordinance, fhall bring in the Brief, and Mr. Speaker open the Ordi- nance ; and that no Member fhall bring in any Ordinance to charge the Sub;ect, pr raife any Money upon the Country, without an Order precedent in the Houfe to direct the faid Charge ; and that Mr. Speaker do not permit any Ordinance to be read without fuch Brief, nor after twelve o'Clock, unlefs it fliall be other- wife directed by the Houfe. 1643, I0 Nov.. Ordered, That no Ordinance be brought in to charge the Subject, or to give any Thing, from the Commonwealth, without fpecial Order of the Houfe fir ft directing the fame. 1648, 25 May, Refofoed, That no Motion be made for raifing of new Forces or Monies for the fame, but be- tween the Hours of ten and twelve o'clock. 1667, [59] 1 667, 1 8 Mar. Re/ohed, That if any Motion be made in the Houfe for any public Aid or Charge upon the People, the Confederation and Debate thereof ought not prefently to be entered upon, but adjourned till fuch farther Day as the Houfe fhall think fit to appoint ; and -then it ought to be referred to the Committee of the whole Houfe, and their Opinions to be reported thereupon, before any Refolution or Vote of the Houfe do pafs therein. 1671, 3 Ap. The Houfe then pro- ceeded to the Reading the Amendments and Claufes fent from the Lords, to the Bill for an Impofition on Foreign Com- modities, which were once read ; and the firft Amendment fent from the Lords, being for changing the Propor- tion of the Impofitions on White Su- gars, from I d. per tb. to an halfpenny half- farthing, was read a fecond Time and debated. Refolded, Nernine Contradicente, That in ail Aids given to the King by the Commons, the Rate or Tax ought \\?>i to be altered by the Lords. 1673, 3 Nov. A Debate arlfing in the Huilfe, touching the ancient O:der D 6 arid [6o] and Courfe of theHoufe, in the Method of railing Supplies, and concerning the Precedency of the lefler Sum. The Houfe upon the Queftion, did refolve and declare it an ancient Order of the Houfe, that when there comes a Queftion between the greater and leffer Sum, or the longer or fho/ter Time, the lead Sum and the longeft Time, ought firft to be put to the Que- ftion. 1678, 3 July. Mr. Sollicker- Gene- ral reports from the Committee, to whom it was (amongft other Things) referred, to prepare and draw up a State of the Rights of the Commons in grant- ing of Money, a Vote agreed by the Committee, which he read in his Place, and afterwards delivered the fame in at the Clerk's Table, where the fame was read, and upon the Queftion agreed, and is as follows, Refoked> That all Aids and Sup- plies granted to his Majefty in Par- liament, are the fole Gift of the Com- mons ; and all Bills for granting fuch Aids and Supplies ought to begin with the Commons ; and it is the undoubted and fole Right of the Commons, to oJ - .. f oQ sdJ 3d :>- OR- [ 70 J ORDERS touching Meffages Jrm the King and the Lords. v , *r 1 r v^ i 1604, 5 May, Agreed for a Rule, THAT if we differ from the Defire of the Lords propounded by rheir Meffengers, then we are to fend by our MefTengers. 1606, 14. Feb. On a Meflfage from the Lord?, it was conceived as a Rule, when we yield to them, we might fend Anfwer by fuch Meffengers as 'come from the Lords ; if not then, to fend by our own, 1 6 1 o, n May, Great Debate touch- ing the Speaker's bringing MelTages frorn the King. Whereupon Refolded, That this Man- ner of receiving a MelTage from the whole Body of the Council by Mr. Speaker, Ihould be no Precedent here- after. 1610, 12 May, The Order allowed to be entered. 1620, 15 Feb. When the MefTengers deliver the MefTage, none ought to fpeak to them, to fpeak out. Agreed 1 to be the Courfe of the Houfe, not to fpeak [7*1 fpeak to them ; for Mr. Speaker is to relate it to the Houfe. 1620, 10 Mar. A Meffage from the King by Mr. Attorney-General, &c. Re/ohed t Mr. Attorney-General fhould come up to the Table, and Mr. Speaker and the whole Houfe to be bare whilft the Meffage was delivered. 1641, i o Ap. Notice being given of a Meffage from the Lords, it was or- dered, That all the Members keep their Seats, and go not out without Leave. 1641, 3 Majy Nor fpeak to the Mef- fengers. 1641^ 27 Jan. Nor fpeak to the Meffengers coming in or going out. 1641, lo May, Memorandum , That Mr. Maxwell coming to the Houfe with a Meffage, without his Black Rod, fxnd coming in before he was called in, Ex- ception was taken at both. 1641, $i Aug. A Meffage from the Lords, by. Dr.- Bennet alone. Exception was taken, that the Lords fent but one Meffenger. It 'was declared, That it was the ancient Right of this Houfe, to. have two Meffengers fent from the Loids to this Houfe upon-all- Occa lions 3 [73] Occafions ; howfoever at this Time, the Houfe was willing to pafs it over. 1645, 22 M*y> Ordered, That after Notice mall be given to Mr. Speaker of any MefTage from the Lords, that no new Motion of any Bufmefs whatfoever fliall intervene, but that the Meffen^ers ihall be prefently admitted, after that the Bufmefs then in prefent Agitation (hall be difpatched. 1645, 25 057. Refohed, That the Meffengers from the Lords be always called in immediately, after that the Bufi- nefs then in prefent Agitation (hall be con- cluded, and that no other new Bufmefs whatfoever intervene between thai Bufi- nefs,and the Admiflion of the Meffengers. 1648, ii Sept. Ordered, That when Mefiengers are lent from the Lords to this Houfe, as foon as the Bufinefs in Agitation, when the M dangers come, is ended, then the Meflengers from the Lords to be called in. 1645, 25 Off. Refohed, That the Meffengers from the Lords be always called in immediately, after that the Bufinefs then in prefent Agitation (hall be concluded, and that no other new Bufinefs whatfoever intervene between E that [74] that Bufinefs, and the Admifiion of the Meflengers. 1648, ii Sept. Ordered, That when Meffengers are fent from the Lords to this Houfe, as foon as the Bufinefs in Agitation when the MefTengers come, is ended, then the Meffengers from the Lords to be called in. ORDERS relating to COMMITTEES, 1606, 7 March, 1\/r R. Hedley, being affigned with the *** reft for the Point of Aflurance, ex- cufeth himfelf, in that he was diredly againft the Matter itfelf in Opinion ; Whereupon, Conceived a Rule, That no Man was to be employed that had declared him- felf again ft it. 1640, 9 Nov. Moved, That every Man that names any Man for a Com- mittee fhall ftand up, and being unco- vered name the Party. 1 640, i o Nov. It was declared, That at the naming of a Committee, if any Man rife up to fpeak, the Clerk ought not to write. 1621, 19 Ap. The appointing of the Chairman at the Committee referred to the Direction of the Committee, 1604, [75] 1604, 12 Ap. Upon Motion made touching the flow Proceedings and Dif- patch of fuch Bills and Bufmefs, as were depending in the Houfe, which grew, as was faid, by the Non-attendance of fufficient Numbers at Committees : It iv as ordered, That eight of any Committee that do afiemble, might pro- ceed to a Refolution in any Bufinefs in the Houfe. 1650, 20 Dec, Refohed^ That fuch Committees of the Hcufe, who (hall have Occafion to call any other Perfons to attend them upon any Bill, or other Bufinefs to them referred ; do from henceforth forbear to fit in any of the Rooms within the Doors or" the Parlia- ment Houfe, called the Speaker's Cham- ber, but that t', ey fit in fuch other Place, as they fhall think fit. 1614, i 8 Ap. Moved, The Clerk may fet upon the Houfe Door that Morning the Orders for Committees to fit that Day, and ordered. 1042, 30 Ap. Ordered, That the fe- veral Chairmen of the feveral Commit- tees, be required to fet up Notes at the Door, of the Times and Places, when the feveral Committees do meet. E 2 1657, [76 ] 21 Jan. Ordered, That the 'Names of the feveral Committees be fet up, without at the Door of this Houfe, by the Clerk of this Houfe to-morrow Morning. 1660, 26 May,- Ordered, That the {landing Committees of this Houfe, be ported up at the Door of this Houfe, that Perfons may take Notice where they fit. 1627, 30 Jan. Ordered upon the Queftion, That no Man go out of the Houfe, during the fitting of the grand Committee, without Licence of the Committee, upon Pain of Cenfure of the Houfe. 1627, 19, 20 Feb. The fame Order, 1641, 21 dp. Ordered, That the Doors fhall be locked at the Committee, ' and the Keys brought up, and that no Man mall go .out without Leave of the Committee. 1627, 25 Ap. Refohed upon the Quef- tion, That upon the Meetings of any Committees, thofe that are Committees ihall have Place given them, that they may the better difcharge the Service committed to their Truft. 1663, 20 May, Ordered, That it be declared to be the ancient Order and Courfc [77 ] Courfe of the Houfe, that when any Bill be committed, no private Member ought to take it away ; but the Clerk of the Houfe, or his Deputy, is to attend with the Bill and O.der at the Time and Place appointed, for the firft Meeting of the Committee, and deliver the la:ne in at the Committee, after the Chair- man is chofen. 1^95, 24 Nov. Ordered, That the Chairman of the Committee, upon trie Report of every p< ivate Bill, do acqj rt;,: the Houfe, whether the Allegations of the Bill have been examined, and the Parties concerned have given their Con- fents to the Satisfaction of the Com- mittee. Ordered, That the Chairman of the Committee for any private Bill, do not? {it thereupon, without a Week's Notice thereof fet up in the Lobby. 1700, 16 Fr. 1 Declared to be .708, 1 8 Jan. 3 ftinding Order?. 1651, i May, Refolded, That every Order that mall be' made by any Com- mittee of Parliament, fhall from hence- forth be figned by fo many, at the K of the Members of that Committee, aj ere of the Quorum of that Committee. E 3 1604, [73] 2604, 24 May> It being propofed to the Houfe, whether any of the Com- mil'Iioners, in the Matter of the Treaty concerning the Weal of both Kingdoms, fubfcribinff the Writings or Instruments O & in the Act mentioned, may, without Imputation or Prejudice, in Credit or Co: Icience, have the Liberty and Free- dom of Voice in Parliament, notwith- standing the faid Subfcription. TlxHouJf thereupon refohcd, That no Man is, or ought to be concluded in his Opinion, by any fuch Subfcription, but u.-, in cafe of other Committees, (hath Lnd may have his Liberty in the Houfe toafTent or diffent) as he mill lee juft Caufe the next Seffion of Parliament. 162 r, ii May, Rejol-ved by the Houfe^ That when limited, all that will come ihall have Voice, that they, in that Cafe, if they come, are Committees, as well as thofe nominated. 1641; '2 8 7/-/v, Pcft Mt-ridie?n y The Petition of Theopbilus Man read, touch- ing the Reiblution of the Committee, where Mr. King hath the Chair, and figned by him ; whereby Mr. Man is voted not to take any Fees, by Vir- tue [ 79] tue of his Office as Searcher, till fur- ther Order. Declared by the Houfe, That no Com- mittee ought by Vote to determine the Right and Property of the Subject, with- out firil acquainting the Houfe there- with. 1641, 6 Aug. Pc/l Meridiem, Re- folved upon the Quejtion t That no Vote paft at a Committee of this Houie, and not reported nor confirmed by the Houfe, fhall be any Rule or Direction in any Court of Juftice in Weflminfter-ELall, to ground any Proceedings upon. 1 66 i . 1 4 .May, : -Biil for fecuring the King's Perfon committed. RJofoed upon the %ueftion t That no Member of this Houfe, who is not of this Committee, is to have any Vote thereat. i66r, 24 Mav t A Bill for draining the Fens committed. Rejofoed, That no Member within the Six Counties (into which the great Level of the Fens doth extend) nor any other Members of this Houfe, who are Undertakers, or concerned in Point of Intereft, as Adventurers or Undertakers herein, though particularly named, do E 4 J fit f[8o] fit or have any Vote at the Committee, to whom the two Bills concerning the g eat Level of the Fens, were upon the iecond Reading this Day committed. 1661, 28 May, This Order reaified. Ordered, All the Members of the Six Counties, and all other Members of that, faving fuch as are concerned in particular Intereft, as Owners, Under- takers, or Adventurers, are to have 'Voice atthe faid Committee. 66i, 2b Nov. The fame Order ex- tended. Ordered, That no Members of the {Yid Committee, that are Owners, Un- rakersor Adventurers, or othervvife concerned in Point of Intereft, in the Fens in Queftion, fhail have any Vote tncreat i68, 1 6 Mar. Mr. Fo/cy, Chairman of the particular Committee for the - Grievances, acquaints the Houfe, that there have fevtrai Matters appeared to the Committee, relating to feme Per- form, Members of this Houfe, and rhat therefore he was directed by the Com- mittee to take the Direclions of the Houfe what was fit to be done therein, and a Debate arofe thereupon. Re- ) That if any Member of the. Houfe refufes (upon being fent to) to come to give Evidence or Information, as a Witnefs to a Committee, that the Committee ought to acquaint the Houfe therewith, and not fummon fuch Mem- ber to attend the Committee. Refohed, That if any Information come before any Committee, that, chargeth any Member of the Houfe, the Committee ought only to direct,, that the Houfe be acquainted with the Matter of fuch Information^ without proceeding further thereupon. 1621, 19 Ap. Ordered^ That no Pe- tition to be received, but openly at the Committee, and to be rpenly read at the Committee, before the Party go that preferreth it, and the Party's Name that preferreth it. 1624, 2 A/rfy, No Committee fhall ! fit after eight o'Clock fitting the Ho..fe, without fpecial Order. 1648, 12 Feb. Ordered^ That no; Committee of the Houfe do fit in the Morning after nine o'Clock, and the Houfe to be enjoined to meet every Day at nine in. the Morning. E 5 Ii6 97 [ 82 ] 1697, l $ && Ordered, That no Committee,which (hall have Leave to fit in a Morning, do fit after ten o'Ciock. 1698, i Mar. Revived. 1693, 13 Mar. Refohed and Declared, That it is the con fl ant Rule and Order of the Houfe, that no Committee ought to fit after the Hour to which the Houfe is adjourned, without the fpecial Order of the Houfe. 1695, 6 Mar. Revived. 1694, 19 Nov. Ordered^ That no Committee fit in a Morning without fpecial Leave of the Houfe. 1697, 9 Feb. 1 Revivd _ 1710, 29 Nov. j 1 669, 1 9 Ap. Ordered, That no Com- mittee do meet at any Time, until two Hours after the rifing of the Houfe. 1641, 28 June, Poft Meridiem, De- clared, That fo foon as the Houfe fits, and the Serjeant comes to any Com- mittee then fitting, to fignify unto them that the Houfe is fitting, that the Chair- man fhall immediately come away. 1699, 28 Feb. Ordered, That all Committees who fhall fit in a Morning do rife when the Houfe fits, or in De- fault [8 3 ] fault thereof,, that what they {hall do after the Sitting of the Houfe be void. 1701, 3 Feb. Revived. 1707, 28 Nov. Ordered ', That no Committee do meet, or lit in a Morn- ing after Prayers ; and that all that {hall be done at any Meeting or Sitting of any Committee, after that Time, be void ; and that Mr. Speaker do from Time to Time acquaint the Houfe with fuch Committees, as mall not obferve this Order. 1730, 10 Feb. Ordered, That the Serjeant at Arms attending this Houfe do from Time to Time, when the Houfe is going to Prayers, give Notice thereof to all the Committees ; and that all Pro- ceedings of Committees in a Morning, after fuch Notice, be declared to be null and void. Revived annually. 1606, 11 Feb. Ordered, That the Adjournment of any Committee amongft themfelves fhould be publi {lied the next Day in the Houfe. 1694, 8 Mar. Ordered and Declared, That a fyjotion for adjourning of Com- mittees may be made after one o'Clrck, 1699, 29 Jan. Ordered^ That the Order touching Committees being ad- E 6 journed I'M 1 journed st the Rifrng of the Houfe, do extend only to fuch Committees as are to fit in the Afternoons of the Days upon which Committees {hall be ad- journed. 1641, 17 QSt. Ordered^ That no Committee whatsoever fhall be revived to fit, without a new Order, from the Houfe, made after eleven o'clock ; and that no Parties or WitnefTes fhall attend without new Summon*. 1700, 11 Mar. Refofoed, That in cafe (upon the Days the Committee of Privileges and Elections is to fit) there ihall be a Debate in the Houfe, which holds till four o'Clock, the laid Debate /hall be then adjourned till a further Day. 1747, 1 6 Nov. Ordered, That a Committee of Privileges and Elections be appointed, and meet this Day fcven- night at five of the Clock in the After- noon in the Speaker's Chamber, and do fit every Wednej'day^ Friday and Mon- day in the Afternoon j and all that come are to have Voices ; and *they are to t.ke into Consideration all fuch Matters as fhall or may come in Queftion touch- ing.. Reiurns^ Elections and Privileges ; and [ 8$ ] and to proceed upon double Returns .in the firft Place, and to report their Pro- ceedings, with their Opinions thereupon, to the Houfe, from Time to Time j and all Perfons that will queftion any Re- turns, are to do it within fourteen Days next, and fo within fourteen Days next after any new Return fhaJl be brought in j and the Committee are to have Power to fend for Perfons, Papers and Records for their Information ; and all Members who are returned for two or more Places, are to make their Election by this Day three Weeks, for which of the Places they will ferve, provided there be no Queftion upon the Return for that Place ; and if any thing (hall come in Queftion touching the Return, Election, or Matter of Privilege of any Member, he is to withdraw during the Time the Matter is in Debate ; and that: all Members returned upon double Re- turns do withdraw till their Returns are determined. Revived annually.. 1698, 1% Jan. A Complaint having been made to the ,Houfe, that there have been of kte great Numbers of Strangers at the Committee of Privileges and- [86] and Elections, that the Members can- nut, <3c. Or.'ered, That the Serjeant at Arms attending this Houfe do give Orders to the Door-keepers and Meffenge s of the Houfe conftantly to attend the Com- mittee of Privileges and Elections, and other Committees fetting in the Houfe, and take care that no Perfon do crowd, or fit upon the Seats of the Houfe, ei- ther below, or above in the Gallery, where the Members ought to fit ; and that fuch Witnefies as fhall be examined at the faid Committee do attend in the Lobby, and be called in one by one, and feverally examined, and then with- draw, for others to coine in and be ex- amined, and that the PafTage be kept clear for that Purpofe. , , n 1 Revived, and made ?' 8 DC faftandng Order 17 I J o LJCC. \ .- , TJ r ' ...' J oi the Houfe. 1747, 1 6 Nov. -Ordered, That the Grand. Committee for Religion do fit every Tuejday in the Alternoon in the Houfe. That the Committee for Grievances do fit every Thurjaay in the Afternoon in the Houfe. That That the Committee for Courts of Juftice do fit every Saturday in the Af- ternoon in the Houfe. That the Committee for Trade do fit every Frida\ in the Afternoon in the Houfe. Revived annually. . ORDERS relating to Conferences. 1604, 26 Mar. TivoQueftions arifrigy NOTED as an ancient Rule of the Houfe, that upon any Conference, the Number of the Commons named for the faid Conference are always double to thofeof the Lords, and the Place of Meeting appointed by the Lords. 1604, 2 Ap. Fir/I, Whether the Houfe were relblved in the Matter ? Secondly, Whether they (hould con- fer with the Judges ? And the Houfe being at length in- duced to entertain the latter Queftion, it was carried by general Voice in the Negative, no Conference. Upon this Paffage it was urged for a Rule, 1 hat a Queftion being once made and carried, in the Affirmative or Ne- gative, cannot be queftioned again, but muft ftand as a Judgment of the Houfe. 1620, [88] 1620, 15 Mar. Refohed, That in prefcribing of Conferences between both Houfes moving from the Lords, thef have done it verbally upon the Lords Report, entered into their Journal-Book ; yet now Order for the Houfe to afford the Lords the Expite about the Bufinefs, becaufe it confifts of fo many Heads ; but Sir Edward Coke to move the Lords this may not hereafter be taken for Pre- cedent. Vide the Report, This Article isftri&ly agreeable to the Copy. 1625, 8 Aug. Sir Robert Philips, moveth to fend to the Lords, to know whether they intend a Committee of the whole Houfe, or the whole Houfe with the Speaker, becaufe in the one Cafe to be uncovered, in the other Cafe not. Refohed, That the Speaker and all to go as a Houfe, and if the Lords keep bare, then to do the like j if they cover, then the Speaker, and the Houfe to do the like. 2627, 12 May, Ordcred' y All the Gentlemen to give Room to the Re- porters, 6411, t 8 9 ] 1641, 2 Aug. The Lords defire a preient Conference by a Committee of loth Houfes prefentiy in the Painted Chamber, if it may ftand with the Con- veniency of this Houle. Aniwer returned by the fame Mef- fengers, that this Houfe has taken their Lordmips Meffage into Confederation, and will return an Anfwer by McfTengers of their own. Mr. Pym went up to the Lords with this Meffage : Wherea? this Houfe has leceived a Meflage front their Lordmipl for a prefent Conference, without any Exprefljon of the Subject or Matter of the Conference, which is contrary to the conftant Courle of either Houfe, and therefore this Houfe cannot yield ta a prefent Conference. 1641, 3 Aug. Ordered^ That Sir JobnEvekn, Mr. Stroude, and Mr. Ni- cho/s, are to go and take the Names of luch Members as do now flay behind in the Painted Chamber ; and likewife it is ordered, that fuch of the Members, whofe Names arc returned by them, mall pay 5 s. a-picce ; and that the Clerk (hall demand the 5 s. of the faid Gentlemen accordingly. [90] i643> 26 Feb. Ordered, That Sir Thomas Cbeeke do defire the Earl of Stamford to forbear coming to the Com- mittees of this Houfe, it being contrary to the Privilege of the Houfe. The Lords Order, 2 i February , 1647, declaring the Runt of every Peer to c jme to any Committee of both, or ei- ther Houfe ; and in particular to the Committee of both Kingdoms, this firft of March read, and Conference de fired of the Lords thereon ; and Committees to prepare a Declaration to be offered, whereby they may exprefs the Refent- ment the Houfe has of the Proceedings of the Lo.ds herein. 1660, 25 Aug. Ordered, That the Serjeant at Arms attending this Houfe fuffer none to go out of the Houfe, till thofe that are to manage the Conference are gone forth. 1088, 6 F After 10 o'Clock. 1676, 22 Feb. J 1623, ^Aug. Refolded, That all the Members of the Houfe fhall attend, and not depart without Licence obtained from the Houfe, upon Pain of the Ccn- fure thereof. 1627, 9 Feb. Revived. 1625, 13 Feb. 5 Ap. 1627, 9 Feb. 10 Ap. Ordered^ That no Lawyer, or other Member of this Houfe, fhall depart without Licence firfl obtained in the Houfe, by Motion made after nine o'Clock. 1640, 10 Mar* Between nine and eleven o'Clock. 1641,27^^. Between ten and eleven o'Clock. 1648, [ 94 ] i6 4 8, 1678, 1690, 24 10 29 A/*y Ap. 1 Between eleven f and twelve J o'Clock. 1691, *5 Dec. -* 1692, 15 D 12 Jan. . I^ Feb. Between elevenand 1695, 11 Jan. " one o'Clock. > < f 15 Feb. 1696, 2 1 j 6 """"> 16 * > 2 5- \ j 1698, 1701, 1712, 5 3i i May May ! Between one and two o'Clock. 1713, 3o May 1667, 20 Feb. {Till after ten 2679, 8 Ap. o'Clock. 1 670 J O ;!:, -. / 7> Ap t Between ten and twelve '- > 2 3 ' ' o'Clock, with this Addi- 1691, 15 Dec. tion, to be fent for in **an Cuilody of the Serjeant 1694, 20 Dec. at Arms attending this Houfe. and (hall rot be , 22 "fan. ("admitted to their Places 171*1 1722, 2 9 2 3 Mar. Feb. 1 in the Houfe, till they have paid the Serjeant his Fees and Charges. J? 2 4> 21 Jan. j f 95] 1668, ii March, Ordered, That for the future, no Member of this Houfe have Leave to go into the Country, without limiting a Time when he is to return. 1699, 26 Feb. Ordered, That no Motion be made, for any Member to have Leave to go out of Town ; but when the Member for whom Leave fliall be afked, be in the Houfe, except in Cafe of Sicknefs, to be affirmed by the Member that mail make fuch Mo~ tion. 1 70 i , 31 May, Order for the Speaker to wite circular Letters to fummons the Members ; the Form of them. 170:, ii Feb. Ordered, That no Motion be admitted for any Member to go out of Town, and that no Mem- ber do prefume to go out of I own, upon Pain of being fent for in CuQody of the Serjeant at Arms attending this Houfe. ORDERS [96] O R D E R S for fining Defaulters on the Call of Members abfent without Leave, and Deferfers, &c. 1641, 25 Off. Ordered, np H A T the Houfe be called on Fr/- A day come feven-night, and that fuch Members as are then abfent, mall undergo fuch Fine and further Difplea- fure of the Houfe, as mail be impofed upon them for their Neglect. 1664, 28 Mar. Refolded, &c. That the Penalty of lo /. for a Fine be im- pofed for every Knight of a Shire ; and 5 /. on every Citizen, Burgefs, or Baron of Cinque Port, who ihail make De- fault in attending, when the Houfe is next called over, whofe Excufe mail not be allowed of by the Houfe. 1666, 6 Nov. To be fent for in Gef- tody of the Serjeant. 1666, 17 Dec. Ordered, The Clfk take care the Order for calling the Houfe in January next, be printed in the next Tburjdays Gazette. 1670, 20 Dec. Refolved, &c. That the Houfe be called over on the pth Day of January next, and that every Member [ 97 ] Member, who fhall then make Default of Attendance, whofe Excufe fhall not be allowed by the Houfe, fhall be dou- bly anefled in the Bill of Subfidies : This Order to be fent to the fcveral -Sheriffs. 1680, 27 Oft. Ordered, That fuch that are lent for in Cuftody, be not ad- mitted to Jit till they have paid their Fees. 1691, 23 Nov. Ordered, That all Members lent for in Cuftody of the Ser- jeant at Arms attending this Houfe, do forbear coming into the Houfe, without Leave of the Houfe fir ft had. 1747, ! & t * Order ed^ That the Houfe be called over upon Monday the 1 8th of January next -, that fuch Mem r bers as fhall not then attend be fent for in Cuftody of the Serjeant at Arms at- tedding this Houfe. Revived annually. 1666, 1 8 Dec. Ordered, That fuch Members of the Houfe as do depart into the Country without Leave, be fent for in Custody of the Serjeant at Arms/ 1689, ii May "J , 28 Nov. '-(.Revived. . 1690, 2 Dec. J [98 ] 1667, 13 Feb. Refolded, &c. That every 'Defaulter in Attendance, whofe Excufe fhall not be allowed this Day, be fined the Sum of 40 /. and Tent for in Cuftody, and committed to the Tower, till the Fine be paid. Refofoed, &c. That every Member, as (hall defert the Service of the Houfe for the Space of three Days together (not having had Leave granted him by the Houfe, nor offering fuch fufficient Excufe to the Houfe, as fhall be allowed) iliall have the like Fine of 40 /. impofed on them -, and fhall be fent for in Cuf- tody, and committed to the Tower ; and that the Fines be paid into the Hands of the Serjeant at Arms, to be difpofed of as the Houfe (hall direct 1668, 6 Ap. To pay a Fine of io/. 1709, 25 Jan. Refolved y That fuch Members of this Houfe, who do abfent themfelves without the Leave of the Houfe, are to be reputed Deferters of their Truft, and Negleclcrs of that Duty they owe to this Houfe, and their Country. ORDE RS [ 99] ORDERS about bringing Delin- quents and Pr if oners to the Bar. 1604, 9 May. RULE, that no 'Delinquent is to Be brought in, but by the Serjeant with his Mace. 1625, 6 Mar. Mr. Attorney being come to give Satisfaction to- the Houfe from the Duke of Bucks j Refofoedt He be brought in with <;hs Mace, and then ftand at the Bar to be heard, and then to withdraw, 1723, 12 Dec. The Order of the Day being read for the fecond Reading of the Bill for inflicting certain Pains and Penalties upon George Kelly, alias Johnfon. Ordered, That the Serjeant at Arms do ftand with the Mace at the Bar, whilft the Prilbner is there. 1640, 12 Nov. Mr. Watkin, a Mem- ber of the Houfe, difobeying the Houfe, being feveral Times commanded ta withdraw, was therefore called to the Bar, and upon his Knees fubmitteo! him- felf to the Cenfureof the Houfe. 1750, 3 1 J an - Refofoed, That it ap- pears to this Houfe, that Richard Crow-le, Efq;, during the late Scrutiny of the Poll for the City of Weftmin/ler, after he had full Notice of the Orders of this Houfe, given to the High Bailiff of the faid City, to expedite the faid Scrutiny, did wilfully and defignedly protract the f-.me ; and when he was reminded of the faid Order by the High Bailiff, did publickly avow and declare he had done fo ; and did utter difrefpectful Words in Contempt of the Authority of this Houfe. Ordered, That the faid Mr. Crowle be now brought to the Bar of this Houfe, and be upon his Knees repri- manded by Mr. Speaker for the laid Offence : He was brought in accord- ingly, and upon his Knees, reprimanded by Mr. Speaker, and difcharged paying his Fees. Houtt [ '01 ] Houfe of Commons Right of Commitment. 1675, 7 June. Rtfohed^Nemine HAT no Per Jon committed for Breach of Privilege, by Order of this Houfe, 011 h ; : to be difcharged during the bcilion of Parliament, butby Order, or Warrant of this Houfe. 1675, 9 .June, Rt/ofoed, Nem'.ne Con- tradicente, That no Commoner of Eng- land, committed by O:deror Warrant of the Houfe of Commons for Breach of Privilege, or Contempt of that Houfe, ought, without Order of that Houfe, to be by any Writ of Habeas Corpus^ or any Authority whatfoever, made to appear and anfwer, and to do and receive a De- termination in the Houfe of Peers, during that Seffion of Parliament, where- in fuch Perfon was fo committed. 1697, 22 Mar. Refolded, That no Perfon committed by this Houfe can, during the fame Seftioh, be difcharged by any other Authority whatfoever. 1701, 26 Feb. Colonel Gr 'anvil re- ported from the Committee of the whole Houfe, to confider further of the Rights, F 3 Liber- [ 102 ] Liberties, and Privileges of the Houlc of Commons, that they had come to feveral Refolutions, which they had di- rected him to report, when the Houfe will pleafe to receive the fame. The Report ordered to be read im- mediately, and he reported, viz. Firft^ Rejoiced, That it is the Opi- nion of this Committee, that to allert that the Houfe of Commons is not the only Reprefentative of the Commons of England^ tends to the Subverlion of the Rights and Privileges of the Houfe of Commons, and the fundamental Con- ftitution of i he Government of this Kingdom, Secondly, Refbhed, That it is the Opi- nion of this Committee, that to affert, that the Houfe of Commons have no Power of Commitment, but of their own Members, tends to the Subversion of the Conftitution of the Houfe of Commons. Thirdly, Refahed, That is is the Opi- nion of this Committee, that to print or publifh any Books or Libels reflecting on the Proceedings of the Houfe of Commons, or any iVIember thereof, for, or relating to, his Service therein, is a high [ '03 ] high Violation of the Rights and Privi- leges of the Houfe of Commons. ^Fourthly, Refohed, That it is the Opi- nion of this Committee, that it is the undoubted Right of the People of Eng- land to petition, or ta addrefs the King, for the calling, fitting, or difiolving of Parliaments, and for the redrefling of Grievances. Fifthly, Refolded, That it is the Opi- nion of this Committee, that it is the undoubted Right of every Subject of England, under any Acceptation, either by Impeachment or otherwife, to be brought to a fpeedy Trial, in order to be acquitted or condemned. The faid Refolutions being feverally read a fecond Time, were, upon the Queftion feverally put thereupon, agreed to by the Houfe. 1704, 8 March, Refohed, That no Commoner of England, committed by the Houfe of Commons for a Breach of Privilege, or Contempt of that Houfe, ought to be, by any Writ of Habeas Corpus, made to appear in any other Place, or before any other Judicature during that Seffion of Parliament, wherein fuch Pcrfon was fo committed. F 4 Re- 104 J Re/ohed, That the Serjeant at Arms a tending this Houfe do make no Re- turn of, or yield any Obedience to the faid Writs of Habeas Corpus ; and for fuch his Refufal, that he have the Pro- teclion of the Houfe of Commons. Rejchr'd, 1 hat the Lord Keeper be acquainted with the laid Refoluticns, to the En J that the (aid Writs of Habeas Corpus may be fuperfeded, as contrary to Law, and the Privilege of this Houfc. Ordered, That the Clerk of this Houfe do acquaint the Lord Keeper of the Gnat ceal of England ', with the faid Refolution. 1707, 4 dp. Rejofoed, That when any Perion ordered to be taken into the Cui tody of the Serjeant at Arms, fhall either abfcond from Juftice, or having been in Cuftody, fhail refuie to pay the juft Fees 5 in either of thofe Cafes, the Order for Commitment ihall be revived at the Beginning of the next S'effion of Parliament, and that this be declared to he a Handing Order of the Houfe. O RDERS r ORDERS about Quarrels. 1641, 31 Jan. Ordered. qpHAT Mr. Speaker (hall have a *- Warrant to (lay at any time, to ap- prehend and flay fuch Members of this Houfe, as he (hall be informed do either fend Challenges, or receive or entertain Challenges. 1645, 28 Af). Ordered, That if any Quarrel happen between any Gentle- men, or others, in any Place, within, the Cities of London and Weftminjler^ and the Lines of Communication (the Houfe not fitting } that upon Informa- tion thereof to Mr. Speaker, he fhall have Power to fend for the Parties, and fecure their Perfons, till the Honfe be acquainted with it, and take further Order. ORDERS J mo: ORDERS touching Privilege and Protections. 1680, 27 051. Refohed, Nemine Contradicente y H A T it is, and ever hath been the undoubted Right of the Sub- jects of England^ to petition the King for the calling and fitting of Parliaments, and redreffing of Grievances. Refahed^ Ne;r,ine Contradicente, That to traduce fuch Petitioning, as a Viola- tion of Duty, and to reprefent it to his Majetfy, as fedidous and tumultuous, is to betray the Liberty of the Subject, and contributes to the Defigns of fub- verting the ancient Legal Conftitution ef this Kingdom, and introducing Ar- bitrary Power. 1555, 6 Dec. It is ordered, that Mr. Comptroller, with others-of the Houfe, fhall declare to the Lords, that their Opi- nion is, that their Privilege is broken ; for that Gabriel Pledall, a Member of this Houfe, was bound in a Recognizance in the Star- Chamber to appear there before the Council, within twelve Day& after the End of this Parliament. Whereupon Whereupon Mr. Comptroller, from the Lords, faid, They would fend An- fvver thereof to the Houfe. Mr. Martin and Mr. Lewis, from the Lords, faid, They required fix of the Houfe to confer with the Lords for that Caufe ; and Mr. Comptroller, Mr. S. Pefre, with four others, went up. And they reported, that the Chief Juftice, Mafter of the Rolls, and Ser- jeants, do clearly affirm, '1 hat the Re- cognizance is no Breach of Privilege. 1692, 23 Dec. Mr. John How (ao cording to the Order of the Houfe) re- ported from the Committee appointed to consider how the Privilege of this Houfe, in relation to Suits at Law and Equity may be regulated and limited, and to repoit their Opinion therein to the Houfe j that th^y had confidered of the Matter to them referred, and had agreed upon federal Refolutions, which they had directed him to report to the Houfe, and which he read in his Place, and afterwards delivered in at the Clerk's Table, where they were at the fame Time read, and are as follows, viz. 1692, 23 Dec. Refohed, That it is the Opinion of this Committee, that a F 6 Com- [ io8] Commoner has at all times Liberty to file an original Bill of Middlefex Lati- tat\ or Quo Minus, or make an Entry t fave a Right, in order to prevent a Bar by the Statute of Limitation againft any Member of this Houfe, notwith- ftanding any Privilege whatfoever. Rejohed y That it is the Opinion of this Committee, that if any Member (hall, upon Notice in Writing (figne.d by the Plaintiff, his or her Attorney, wh^n and where to appear) refufe to jiive an Appearance to any Action what- foever brought againft him by a Com- moner, at any Time (except when the Houfe (hall be actually fitting, as afore- faid) the Plaintiff in fuch Action fliall have Liberty to complain thereof, by Pe- tition in the next Seffion of Parliament. Rffohed, That it is the Opinion of this Committee, that a Commoner has at all Times Liberty to exhibit any Bill in Equity againft any Member of this Houfe, to examine Witneffes thereupon, in order only to preferve their Tefti- mony, notwithstanding any Privilege whatfoever, Rejohed, That it is the Opinion of this Committee* that no Servant of any Member [ I0 9 I Member {hall at any Time have Privilege in any Suit or Proceeding, in Law or Equity, brought againft him* except only as to the arrefting and im- prifoning his Perfon, during the actual bitting of Parliament, for the Difpatch fBufinefs, as aforefaid. Refohed, That it is the Opinion of this Committee, that the Meeting of the Houfe at any Time, in order only to an Adjournment or Prorogation, fhall not be understood or interpreted to give any other than perfonal Privilege to any Member againft a Commoner. Refofoed, That this Houfe will upon Friday Morning next take the faid Re- port into Confederation. Note. This Report was never confi- dered of, or agreed to by the Houfe. 1654, 14 Feb. Sir Richard Onflow reported the fame Refolutions, but no- thing was done therein. 1550, 19 Peb. It 'was ordered, That the Lord Chancellor may direct the King's Writ of Attachment to the Pre- iidentof the King's Council in the North Parts, to attach Henry Witherington and others, upon the Complaint of Sir Robert Jr.arj.: Brand- . [ no] Brandling, Knt. Burgefs for Newcaftlc t exhibited to the higher Houfe. 1621, i June. Ordered upon Quef- tion, That in cafe of any Arreft, or any Diftrefs of Goods, ferving any Procefs, Citation for his Perfon, arrefting his Per- fon, flaying him in any Court, or break- ing any other Privilege of this Houfe, a Letter fhall ifTue under Mr. Speaker's Hand for the Party's Relief therein, as if the Parliament were fitting, and the Party refuling to obey it, to be cenfured at next Meeting. 1751, 1 8 Ap. Complaint being made to the Houfe y That Sir John Molefwortb, Bart, a Member of this Houfe, was upon Tkurfday&ignt laft, about eleven o'Clock apprehended by Thomas Majon y a Con- ftable of the Parim of St. Martins in the Fields^ in the Liberty of ^ejlminfler., and was by the faid Thomas Mafon in- fulted, abufed, and detained in Con- finement all Night, in Breach of the Privilege of this Houfe ; and that Daniel Came, High Conftable of the City and Liberty of Weftminjier y 'coming to the Place where the faid Sir John Molef- worth was fo detained, did, in Breach of the Privilege of this Houfe, refufe to difcnargc [ III ] difcharge the faid Sir John Molefwortb, except upon Condition, that he would take no Notice of what had paffed ; which Condition the faid Sir John Molef- worth refilling to comply with ; and the faid High Conftable thereupon going away, the faid Sir John Molejworth was detained for fome Hours longer. Ordered, That the faid Thomas Mafon be, for his faid Breach of Privilege, taken into the Cuftody of the Serjeant at Arms attending this Houfe. Ordered, That the faid Daniel Carne be for the faid Breach of Privilege, taken into the Cuftody of the Serjeant at Arms attending this Houfe. 1751, 19 Ap. A Petition of Daniel Carne, High Conftable of the City and Liberty of Weftmin/ler, now a Prifoner in Cuftody of the Serjeant at Arms at- tending this Houfe, was prefented to the Houfe and read, acknowledging his Offence, in having committed a Breach of the Privilege of this Houfe, and ex- preffing his unfeigned Sorrow for the faid Offence $ and reprefenting to the Houfe, that the Petitioner's Confine-, ment is of the utmoft Detriment to him in regard to the Duty of his OfEce, as well well as his private Affairs ; and there- fore prdying that the Houfe will be pleafed to take the Premifes into their Confideration, and order him to be dif- charged from his Confinement. Ordered, That the faid Daniel Carne be this Day brought to the 1 Bar of this Houfe, in order to his being difcharged. Daniel Carne was, according to Or- der, brought to the Bar, where he, upon his Knees, received a Reprimand from Mr. Speaker, and was ordered to be dif- charged out of Cuftody, paying his Fee>. 1627, 23 Feb. Refolded upon Quef- tion, That every Member of this Houfe is, during the Time of Privilege of Parliament, to have Privilege for his Goods and Eftate. 175', 2 Ap. Complaint being made to the Houfe, that Stoke, of the Parifh of Wingham^ in the County of Kent, Carpenter, and John He\v{on of the fame Place, Shoemaker, did, in Breach of the Privilege of this Houfe, enter upon the Lands of Sir George Ox* enden\ Bart, a Member of this Houfe. Ordered, That it be referred to the Committee of Privileges to examine the Matter of the faid Complaint, and re- port [ "3 ] port the fame with their Opinion there- up ^n to the Houie. Ordered, That it be an InftrucHon to the Committee of Privileges and Elec- tions, that the Matter of the Complaint, this Day made to the Houie, in relation to the Breach of Privilege committed againft Sir GttrgeQxendrni Bart a Mem- ber of this Houie, bs heard before the faid Commit tee, upon Friday Fortnight, the 1 9th of this Inftant April. 1751, 1 6 Ap* The Houfe was moved, that the Instruction given to the Com- mittee of Privileges and Elections, upon Tuefday the ad Day of this Inftant April ^ that the Matter of the Complaint that Day made to the Houfe, in relation to the Breach of Privilege committed againft Sir George Oxenden, Bart, a Member of this Houfe, be heard before the faid Committee upon Friday the r 9th of this Inftant April, might be read ; and the faid InftrucYions being read accordingly, Ordered, That the faid Inftrutfion be difcharged . Ordered, That it be an Jnftru&ion to the faid Committee, that they do hear the Matter of the faid Complaint upon Friday Fortnight, the 3d of May next. 1751, 25^. The Houfe being in- formed, that Satisfaction had been given to Sir George Oxenden, Ba. t. a M ember of this Houfe, in relation to the Breach of Privilege complained of upon the ad Day of ihis Jnftant April. iM Ordered, That the Committee of Privileges and Elections be difcharged from proceeding upon the Matter of "the laid Complaint. *ioD 1753, 19 Mar. A Complaint being made to the Houfe, that in Breach of the Privilege of this Houfe, James Wheeler, together with Richard Wyatt, Thomas Reading, William Reading, Tho- mas An fell, John Sherier, Robert Lam- bert^ and Henry Burch, or Buriton, in the County of Southampton, Jofeph Tribe of Ratnfdaan, Thomas Cooper of Emf- ivcrtb, ; : .nd Laurence Matthews of Wef- ton in the faid County, did, upon the 19th ..^1 2oth Day of February hil, filh with a Boat and Net in a Pond in the Poifeflion of John Jolliffe, Eiq; a Member of this Houfe ; and that the Fim io taken were carried away by them, or fome of them ; and alfo, that in Breach of the Privilege of this Houfe, the faid James Wheeler, together with George t "5 ] George Sh frier of Bur it on aforefaid, and John Guman the younger of Petersfield, in the faid County, did, upon the 26th Day of February laft, take up and carry away feveral Stones, fet up by the faid Mr. jol/iffe, as Bound-Stones, or Marks of the Boundaries of his Manor of Pe- ter sjield aforefaid. Ordered, That it be referred to the Committee of Privileges and Elections to examine the Matter of the faid Com- plaint, and to report the fame with their Opinion thereupon to the Houfe. 1753, 2 dp. The Houfe being in- formed, that the Perfons complained of upon the 19111 Day of March laft for a Breach of Privilege committed againft John Jol/ffi, Efq; a Member of this Houfe, had made Satisfaction to the faid John Jolliff^y Efq; in Relation to the faid Breach of Privilege. Ordered, That the Committee of Pri- vileges and Elections be difcharged from proceeding upon the Matter of the faid Complaint. 1753, 7 Ap. A Complaint being made to the Houfe, that in Breach of the Privilege of this Houfe, John Williams of Ladbrook, in the County of Flint, has, has, by Force, entered upon the Lands of Thmntn Salusbur\\ Elq ; 'a Member of this Houfe, and ke.-ps PoiTeiFon of the fame. Ordered, That it be refe red to ti e Committee of Privileges and Elections to exam ne the Matter of the (aid Com- plaint, and to report the fame, with their Opinion thereupon, to the Houib. 2753, 2 May, The Houfe being in- formed, that Satisfaction had been made to Thomas Salisbury, Efq } a Member of this Houfe, in Relation to the Breach of Privilege complained of upon the 7th of April laft. Ordered, That the Committee of Pri- vileges and Elections be difcharged from proceeding upon the Matter of the faid Complaint. 1753, 21 Nov. A Complaint being made to the Houfe, that, in Breach of the Privilege of this Houfe, Francis Car- lill, Thomas Car till the elder, Thomas Car- lill the younger, John Car lit I the elder, John CW/'/Ahe younger, William Car- lill, John Ruley, and William Kidd of /- loughton, in the County of Tork, Yeomen, did, upon the ajd, 24th and 25th of May laft, in a riotous and forcible Manner, enter [ "7 J enter upon the Lands of Luke Robinfin, Efq; (a Member of this Houfc) in the Parifh.of jS//fl/^>/o aforefaid, and break down the Banks and Inclofures thereof, and put their Cattle upon the Lands. Ordered, That it be referred to the Committee of Privileges and Elections to examine the Matter of the faid Com- plaint, and to report the fame, with their Opinion thereupon, to the Houfe. 1754, 21 Jan. The Houfe being in- formed, that the Matter of the Com- plaint made to the Houfe, upon Wed- ncfday the 2 i ft of November laft, that in Breach of the Privilege of this Houfe, Francis Carlill, &c. did, in a riotous and forcible Manner, enter upon the Lands of Luke Robinfon, Efq; (a Mem- ber of this Houfe) in the Parim of /- loughton aforefaid, and break down the Banks and Inclofures thereof, and put their Cattle upon the faid Land, had been ended to the Satisfaction of the faid Mr. Robinfon, and of the Parties concerned. Ordered, That the Committee of Pri- vileges and Elections be difcharged from proceeding upon the Matter of the faid Complaint [ u8 ] J 753 20 Dec. A Complaint being made to the Houfe, that, in Breach of the Privilege of this Houfe, Thomas Rives, Efq; of Ramfon, near Bland- ford, in the County of Dorfet, had lately feized and detained three Horfes, the Property of Sir William Codringten, Bart, a Member of this Houfe ; Ordered, That it be referred to the Committee of Privileges and Elections, to examine the Matter of the faid Com- plaint, and to report the fame, with their Opinion thereupon, to the Houfe. J 754> 21 Jan. The Houfe being in- formed, that Satisfaction had been made to SirfPt/tJam Codrington, Bart, a Mem- ber of this Houfe, in relation to the Breach of Privilege complained of upon the 2Oth of December laft. Ordered, That the Committee of Privileges and Elections be difcharged from proceeding upon the Matter of the faid Complaint. 1660, i$Nov. Refohed and Declared by the Commons affembled in Parliament \ That the Privilege of this Houfe, in Point of Protections from Arrefts, doth belong to the Members of this Houfe, and their menial Servants only, and to the [ "9 ] the Officers attending the Service of the Houfe ; and that all Protections in Writ- ing, granted by any Member of this Houfe, to any Perfon whatfoever, be forthwith called in, and are hereby de- clared to be null and void ; and all Per- fons, whom this may concern, are re- quired upon all Occalions to take No- tice of the Privilege belonging to the Members of this Houfe. Refohed, That this Order be forth- with printed and published. 1647, 25 Nov. Re/ohed> &c. That this Houfe doth declare, that the Per- fons that are fumrnoned to attend any Committee of this Houfe, as Witnefies, in any Caufe depending before them, ought to have the Privilege of Parlia- ment, and to be freed from Arrefts in coming, flaying, and returning to the faid Committee. 1688, 8 Mar. Refolded, That it is the undoubted Right of this Houfe, that all Witneffes fummoned to attend this Houfe, or any Committee appointed by it, have the Privilege of this Houfe in coming, flaying and returning. 1692, 23 Dec. Mr. John How (ac- cording to the Order of the Day) re- ported t '20 ] ported from the Committee appointed to confider how the Privilege of this Houfe, in relation to Suits at Law and Equity, may be regulated and limited, and to re- port their Opinions therein to the Houle, that they had confidered of the Matter to them referred, and had agreed upon feve- ral Refolutions, which they had directed him to report to the Houfe, and which he read in his Place, and afterwards delivered in at the Clerk's Table, where the fame were read, and are as follows, viz. Refolded, That it is the Opinion of this Committee, that every Member of this Houfe enjoy the Privilege of his Perfon againft Arrefts and Imprifon- ments, in fuch manner as has been here- tofore u fed and accuftomed. 1699, I 7 -dp!* Made a (landing Order. 1663, 16 'July. Upon information, that the Wife of Mr. Broom Whorivood^ a Member of this Houfe, having ob- tained a Decree in the High Court of Chancery againft Mr. Wborwood, for Alimony in the late Time of Ufurpa- tion ; and he having brought his Bill of Review to reverfe the Decree, his Wife claims [ 121 ] claims Privilege oTF Parliament againfl her Hufband, as the Wife of a Member of the Houfe of Commons, and refufeth to anfwer. Refolded, &c. That no Wife, or Ser- vant of any Member of this Houfe, ought to have Privilege of Parliament allowed, in any Cafe, againft the Huf- band or Mailer of fuch Servant. 1675, 16 Nov. The Houfe being in- formed, that Sir Edmund Jennings a Member of this Houfe, is made High Sheriff of the County of Tork, and a Debate arifmg thereupon, Refohed, &c. That it' is a Breach of the Privilege of this Houfe, for any Member thereof to be made a Sheriff during the Continuance of the Parlia- ment, and -hat a Committee be named to -confider of a proper Way of fuper- fedmg the Commiffion. < 1689, 7 J an . The Houfe being in formed, that Sir Jonathan Jenningfw lately made High Sheriff of Torkfhire a Deba-e arofe theupon, Rffihed, Nernine Ccntradicentc, That the nominating any Member of this Houfe to the King, to fo made a Hish G Sheriff, Sheriff, is a Breach of the Piivilege of this Houfe. 1625, 15 Feb. Sir John Finch re- porteth, that the Committee are of Opi- nion, that bir Thomas Badges Man ihall be delivered by Habeas Corpus from this Houfe -, upon Queftion, a Warrant or- deied accordingly. I'be Houfe declaretb^ That nctwith- fhnding the faid Opinion of the Com- mittee, that the Houfe hath a Power, when they fee Caufe, to fend the Ser- jeants immediately to deliver a Pri- foner. 1663, 28 Miir. RefoheJ, &c. That if any mtnial Servant be arrefled and detained, contrary to Privilege, he (hall, upon Complaint thereof made, be dif- charged by Order from the Speaker. 1-666, 20 Dec. Rcfohed, &c. That it be referred to Mr. Speaker to examine the Matter, and it he find that the faid WiHi am *fackion was fuited and arrefted, contrary to the Privilege of this Houfe, to give Order for his Difcharge, and for Stay of all Proceedings' in the Suit. Ordered, That in all Cafes of the like Nature, where Servants of Members ace alledged to 'be arreflcd, in Breach of Pri- [ 1*3 ] Privilege, it be referred to Mr. Speaker ; and if he find it fo, to give Order for their Difcharge, and for Stay of the Suit. j 75 1 , 2 May t Complaint hiring made to the Houfe, that, in Breach of the Privilege of this Houfe, *Jcfipb Vernon t a menial Servant of Thomas Medlycott^ Efq; a Member of this Houie, was, upou Tuesday latf, fummoned by R. Crowther^ one of the Bailiffs of the County Court of Middlesex, to appear in the laid Court this Day, to anfwer to Ri-char-d Bell i a Plea of Trcfpjfs on the Cafe ; Order.ed y That it be referred to tlie Committee of Privileges and Elections, to examine the Matter of the faid Com- plaint, and report the fame, with their Opinion thereupon, to the Houfe. J75i, 6 May\ Ordered* That it be n Inftru i * May, The Houfe being in- formed, that Satisfaction had been given to Thomas Medfycoft, Efq; a Member of this Houfe, in relation to the Breach of Privilege complained of, upon Thurfday the 2d Day of this Inftant May. Ordered, That the Committee of Pri- vileges and Elections be difcharged from proceeding upon the Matter of the faid Complaint. 1752, 20 Mar. Complaint being made to the Houfe, that, in Breach of the Privilege of this Houfe, James Ewt'n, a menial Servant of Sir William Stan- hope, Knt. of the Bafb, a Member 1 of this Houfe, had been arrefted by John Richard fon, a Sheriff's Officer, at the Suit of Thomas Dwnifh. Ordered, That it be referred to the Committee of Privileges and Ekclions to examine the Matter of the faid Com- plaint, and report the fame, with their Opinion thereupon, to the Houfe. 1752, 25 Mar. The Houfe being informed, that the Perfon complained of upon Friday laft, for a Breach of Pri- vilege, committed againft Sir William Stanhope^ Knt. of the Bath, a Member of this Houfe, hath promifed to make Satif- Satisfaction to the f tid Sir William Stan- hope, in relation to the faid Breach of Privilege. Ordered, That the Committee of Pri- vileges and Elections be difcharged from proceeding upon the Matter of the faid Complaint. I 7S3> 9 Mar. A Complaint being made to the Hcufe, that, in Breach of the Privilege of this Houfe, Rdivard 6?.W/?v, a menial Servant of Mr. Co-venf>y, a ,V! ember of this Plouf , had been ar- refted by William Bent on, a Sh miff's Officer, at the Suit of Richard Glan. Ordered, That it te referred to the Committee of Privileges and Elections to examine the Matter of the faid Com- plaint, and report the fame, with their Opinion thereupon, to the Houfe. 1753, 23 Mar. The Order of the Day being read, for receiving the Re- port from the Committee of Privileges and Elections, touching the Complaint made to the Houfe upon the 9th Inftant, that in Breach of the Privilege of this Houfe, Eawfird Galley, a menial Ser- vant of Mr. Coventry, a Member of this Houfe, had been arrefted by William G 3 Benton t Btntort, x Sheriff's Officer, at the Suit of Robert Glun. Ordered, r ] hat the faid Report be re- ceived upo'i Monday Morning next. J 753> 3 Mar. The Lord Dupplin, Decoding to Order, reported from the Committee of Privileges and Elections, the Matter as it appeared to them,, tone' ing t e Complaint made to the IToufe upon \he Qth Inflant, that, in Breach of the IVivi'ege of this Houfe, Edward Cal;e\\ a menial Servant of Mr. Ccvenfty, a Member of tl.is Houfc, had been nrrefte i by William Bent on, a Sheriff's Ofncer, at the Suit of Richard Clan, and the Reiolution of the Com- mittee thereupon ; and he read the Re- port in his Place, and afterwards deli- vered it in at the Table, where the fame was read j and the Refolution of the Committee being read a fecond Tisne, was agreed to by the Houfe, and is as (ol oweth, viz. Refolvsd, That William Benton, an- OiEcer of th : Marfhaifea Court, having on, or about Friday the 2d of March y arreiled Edward Galley, a menial Ser- vant to the Honourable John Bulkley ; a Member of this Houfe, is [ 1*7 1 is thereby guilty of a Breach of the Pri- vilege of this Houfe. Ordered, That the faici William Ben~ ton be, for his laid Breach of Privilege, taken into the Cuftcdy of the Serjeant at Arms attending this'Hcufi. 1678, 2. May, The Houfe being in- formed, that Mr. j'ohi. Gardiner , Solli- citor in the Caufe concerning Lmdfpt Ltve/ t was this L ay arrefled as he was coming to attend on the Houfe, Ordered, That the Privilege of the Houfe be allowed to -the faid Mr. John Gardiner, and that he be difcharged from his A r re ft. 3742, 9 April A Complaint being tfmdeto the Koufe, that Mr. Gilbert Douglas, a Solicitor for feveral Bills de- pending in this Houfe, was upon Mon- day laft arrefled, as he was attending this Houfe. And the Journal of the Houfe of the 2d Day of May, 1678 (in relation to the Allowance of the Privilege of this Houfe to Mr. John Gardiner, Sollicitor in the Caufe concerning Lindfey Level, who- was coming to attend on the Houle) be- ing read, G 4 And- r 1*8 ] And a Witnefs was called in and exa- mined, in order to prove that the laid Mr. Gilbert Douglas was fo arrefted. And the Houfe being informed by fe- veral of their Members, that he did at- tend the Houfe, as Solicitor to fevcral Bills then depending, Ordered, That the Privilege of this Houfe be allowed to the faid Mr. G/7- bert Douglas, and that he be difcharged from his Arrefts. 1740, 29 Jan. Refohed, That the bringing an Action at Law again ft John Crifp, for what he did in the Execution ui Ins Du:y, as a Con-' -able attending the Service of this Houfe, by endea- vouring to prevent the Diforders of Chairmen, who were crowding upon the Stairs leading to the Houfe to the Annoyance of the Member- thereof, is a Breach of the Privilege of this Houfe. 1753, 30 Af). A Complaint being made to the Houfe, that Mr. Chrifto* pher Picard, Solicitor for a Bill now depending in this Houfe, was upon 6\z- turday laft arrefted, and now remains in Cuftcdy, and a Witnefs being called ,in, and examined in order to prove, that y [ that the faid Mr. Chrijlopker Picard viz* fo arrefted. And the Houfe being informed by a Member, that the faid Mr. Picard is employed as Soilicitor for the faid Bill. And the Journal of the Houfe, 0th Day of April^ 174.2, in relation to the Allowance of the Privilege of this Houfe to Mr. Gilbert Douglas^ a Soilicitor for feveral Eills, then depending in 'the Houfe, who was arrefted, as he was at- tending the Houfe, being read , Ordered, That ths Privilege of this Houfe be allowed to the faid Mr. Crif- topher Picard ; and that he be dif- charged from his Arreft. 1550, zoFtb. It is ordered ', That if any Burgefs require Privilege for him- felf, or his Servant, he ihall upon De- claration have a Warrant figned by Mr. Speaker to obtain a Writ : And for that William Ward, Burgefs of Lancafter> obtained a Writ of Privilege out of the Chancery, without a Warrant from this Houfe, it is committed to Mr. Mafen. and others to examine the Matter and certify the fame to the Houfe. 1620, 17 Feb. Ordered, Where any Member of the Houfe hath Caufe of G 5 Pri* Privilege to flay anyTrhi, a Letter fhall ifTue under Mr. Speaker's Hand for flay- ing thereof, without further Motion in the Houfe. 1620, 3 Mar. Refohed, That the former Coui fe of writing Letters to the Juftices of Afiize, fhall be obferved ac- cording to Precedents ; and, if required, a Warrant for Inhibition to the Party ihall be iffucd : And all thefe to be re- folved by the Houfe. 164 f , 17 Aug. To let the Lords un- derftand,. that the Conviction of diverfe Recufents has been hindered, under Pre- tence of Piivilege of Parliament from, their Lordfhips j and to declare unto their Lordfhips, that the Opinion of this Houfe is, that no Privilege of Parliament night to be allowed in this Cafe, foe thefe Realbns. 7 />//,. Privilege of Par- liament is not to be allowed in cafe of Peace, if Peace be required. Stc-ondly^ Ii is not to- be allowed againft any In*- didtment for any thing done out of Par- Hament. Thirdly, It is not to be aU knvej in c;fe ol public Service for the Commonwealth, for that it muft not be ufed for the Danger of the Common- wealth, Fourthly, It is in the Power of this. T'3i I tills Parliament, and doth not bind the the Parliament itfelf, To that their Lord- fhips may withdraw their own Privilege as they fee Caufe ; and therefore to de- elare, that in thefe two Cafes of difarm- ing of Recufmts, and convicting of them, no Privilege of Parliament ought to be allowed. 1641, 28 Aug. The Houfe doth de- clare, That all Men ought to pay the Rates chargeable upon them by the Act for Poll-Monty, notwithstanding any Pretence of Privilege, or Letters Patent of Exemption wh.itfoever. 1696, 30 Nov. Declared and Refolded, That no Member of this Houfe hath any Privilege againft Payment of any Aids, Supplies, or Taxes granted to his Majeftv, or any Pariih Duties. 1648, 74 Sip. Ordered, That upon every Action or Suit commenced before the Lords Co-mniilTioners of the Great Seal of En-gland, or in any of the Courts at Weftminlier^ againft any Members of Parliament, the laid Lords Couimillic- ners, Judges, and Barons of the feveial Courts reflectively, or any of them, . fhaU by writing under his or their Hand a-nd Seal give Notice thereof to every G 6 fuch fuch Member : Whereupon the Mem- ber is injoined to give Appearance, and proceed as other Defendants, in cafe of like Suits of Actions, ought to do ; and, in Default thereof, both their Eftates and Perfons (hall be liable to any Pro- ceedings in Law or Equity, as other Members of this Commonwealth. Rejohed, That it is the Opinion of this Committee, that no Member, during the Continuance of this Parliament, have any Privilege (except perfonal) againft a Commoner, in any Suit or Pro- ceeding in Courts of Law or Equity, for any longer Time than the Houie mall be actually fitting for the Difpatch of Bufinefs in Parliament. 1699, J 7 dfril- Made a {landing Order. 1699, 30 Nov. Refohed, Nemine Con- tradicente^ That no Member of this Houfe, during the Continuance of this Parliament, has any Privilege (except for his Perfon only) againft any Com- moner, in any buit or Proceedings in Courts of Law or Equity, for any longer Time than the Houie {hall be adually fitting for Difpatch of Bufinefs in Par- liament. To [ '33 ] To be communicated to the Lords at a Conference. 1697, 7 Jan. 1 1699, 24 Nov. > Revived. 1708, 18 Jan. J 1699, 17 Ap. 1 Made a fbnding 1 700, 1 3 Feb. J Order. 1691, 2 Nov. Refofoed, That the Privilege of this Houfe fhall not be al- lowed to any Members thereof, in Cafes wherein they are only Trufbes, a Copy of the Bill or Declaration being firit left with fuch Truftee. 1698, 12 Dec. Refofaedy That no Member have Privilege of Parliament in any Cafe, wherein he is only a Truftee. 1699, 16 Nov. Revived. 1704, 24 Nov. Declared a ftanding Order. 1697, 14 April. Refolvedj That no Member of this Houfe hath any Pri- rilege, in cafe of Breach of the Peace, cr forcible Entries, or forcible De- tainers. 1699, 2 7 N' Rffifoed* That no Member of this Houfe, acting as a pub- lic Officer, hath any Privilege of P-ar- t '34 ] fiament, touching any Matter done in Execution of his Office. 1722, 16 Nov. ReJohed t NemineCon- tradicente^ That no Copartner in any Trade or Undertaking, is intitled to the Privilege of this Houfe in refpect of any Matter relating to fuch Co-partnerfhip. 1620, 15 Mar. Refolded, That no Protections be granted by any ; Service being the only Privilege in this Houfe. 1620, 22 Mar. Re/o he d, No Pro- tection under any Man's Hand of this Houfe is good 1621, 20 Nov. Refohed by the Houfe,. That all Protections granted by any Member of this Houfe to any, not his menial Servant or Attendant, a'e void ; and ordered, that if any (hall hereafter avow any fuch Protections unlawfully given, or mall after this Time give any, ihall incur the Cenfjreof theHoufe, 1 66 1, 25 NW. Reforoed upon ths ^ueftion, That no Member of this Houfe do grant any Protection to any. but fuch only as are their menial Servants y and that all Protections already granted to any other Perfons, befides menial Ser- vants, be forthwith printed and pub* 1662,, f*WJ 1662, \% Feb. 1 This Order re- 1670, 9 Ap. \ vived. 1661, 28 Nov. This Houfe taking into further Debate the great Grievances of the People, occasioned by Pro- tections, . Refohed, That all Protections, and written Certificates of the Members of this Houfd, be declared void in Law, and be forthwith withdrawn and called in, and that none be granted for the future ; and that the Privilege of Mem- bers for their menial Servants be ob- ferved according to Law ; and if any menial Servant fhall be arrefted and de- tained, contrary to Privilege,- he mall (upon Complaint thereof made) be dif- charged by Order from the Speaker. Ordered, That this Order be forth- with printed and published. 1670, 9 Ap. and ig\-Dec. Revived.. 1694, 31 Jan. Refohed and De- clared, That all written Protedions given by any Member of th''s Houfe a e void, and againft the {landing Order of the Houfe. 1677, 7 Feb. The fame Order, with this Addition, viz. after for the future add, (and that if any (hall be granted by any r '36 j any Member, fuch Member /hall be liable to the Cenfure of the Houie.) Ordered, That this be dec'-ared to be a Handing Order of the Houfe. Ordered, That thefc Orders againft written Protections be published, by fet- ting them up at Weflminfter-Hall Gate, and at the Inns of Court and Inns of Chancery, and at the Exchequer ; and that the Knights of the Shires do lend Copies thereof to the Sheriffs of their refpective Counties, and the Burgcffes to their refpedive Boroughs. 1679, 30 dp. This Order re- vived. The {landing Order J&9> J 3 Mar. 1693, 1 8 Nov. 169^, 30 Nov. 1698, 23 Jan. 1712, 29 Mar. 1718, 31 7*. of the Houfe of the 2^d January, i William and Mzry, relating to Protec- tions and written Certificates given by Members of this Houfe, read. And the Houfe being moved that the faid Orde- may be amended, and made more effectual. Ordered, Nemine Contradicente, That all Protections and written Certificates of [ '37] of the Members of this Houfe, be de- clared void in Law, and be forthwith withdrawn and called in, and that none be granted for the future ; and if any fliall be granted by any Member, fuch Member mall make Satisfaction to the Party injured, and fhnll be liable to the Cenfure of the Houfe. Ordered, That the fiH Order be de- clared to be a {landing Order of the Houfe. Ordered, That this Ord r te pub- limed, by fet ing up the fame in the Lobby, at the Houfe Door, at Weftmin- jler-Hall Gale, and at the feveral Courts irt Weflminfter-Hatl ; at the inns of Courts, and Inns of Chancery ; and at the Royal- Exchange, and at the two Compters in London-. And that the Knights and Commiffiorers "f the Shires, do fend Copies thereof to the Sheriffs of their refpedtive Counties and Shires ; and the Citizens to their refpc6tive Ci- ties, an" 1 the Burgeffes and Commif- lioners of Burghs to their refpedive Bo- roughs. 1739, 20 Mar. The (landing Order of the Houfe made ihe 3 ill Day vf Ja- nuary, 1718, That all Protections and written [ '38 I written Certificates of the Members of this Huufe, be declared void in Law, and be forthwith withdrawn and called in, and that none be granted for the future ; and that if any {hall be grant; d by any Member, fuch Member mall make Sati fcTtion to the Party injured, /hall be liable to the Cenkire of this Houfe ; and alfo the Orders of the Houfe made the fame Day, for publishing the faid landing Order, were read. And the Journal of the Houfe of the 1 8th of February^ 1723, in relation to an Order of this Houfe, for re-printing and publifhing the faid {landing Order, was alfo read. Ordered, Ncmlxs Czr.ir adktnlt , That the (landing Order be re-printed and publifhed, by fetting up the fame in the Lobby, at the Houfe-door, at Weft- minfter-Hall Gate, and at the fever al Courts in Weft minfter- Hall ^ and at the Inns of Court, and Inns of Chancery and at the Royal Exchange, and at the two Compters in London^ and on the Walls within the Seffions- Houfe at Edin- burgh ; and that a Copy of the faid Or- der be fent to the Clerk of the Peace for every County, City> Riding, Liberty, Divifion, t -39] Divifion, and Place within that Part of ! Great- Britain called England, and to the principal Clerks of the SefTion in Edinburgh, with Directions to them re- fpectively, forthwith to deliver a Copy thereof to the Sheriffs and Stewards of their refpective Counties, Shires, Stew- ardries, Cities, Liberties and Places : And fl> yearly to every mw Sheriff or Steward, within one Week after he ihall have been fworn into his Office j and ail Sheriffs and Stewards of the feveral Countier, Shires, Stewardries, Cities and Places within this Kingdom -, and the Secondaries of the Compters in London, are hereby prohibited to enter in their Books, any Protection or written Ce;- tifkate, figned by any Member of the Houfe of Commons ; but upon fuch Protection or written Certificate being brought to them forthwith to return the fame to the Clerk of this Houfe. Ordered, That the Clerk of this Houfe, do forthwith acquaint the Houfe with fuch Protections or written Certi- ficates, as {hall be fo returned to him, if the Parliament be then fitting ; if the Parliament be not fitting within three Days after their next Meeting. Or- [ I 4 o] Ordered, That the faid Ordersbe ftand- ing Orders of this Houfe. 1694, 31 Jan. (/0/iW,That no Per- fon fhall be taken into Cuftody, upon Complaint of any Breach of Privilege of this Houfe, before the Matter be firft examined Refolded and Declared, That the laid Order is not to extend to any Breach of Privilege upon the Perfon of a Member. 1695, 30 Nov. Revived. 1698, 12 Dec. Rtjched, That no Perfon be taken into Cuftody of trie >er- jeint at Arms, upon any Complaint of Breach of Privileges, until the Matter of fuch Complaint have been examined by the Committee of Privileges, and re- ported to the Houfe. 1699, 1 6 Nov. Revived. 1696, 30 Oct. Refolded, Nemine Con- tradicente, That the printing the Names of the Members of this H mie, and re- fleding on the Mmbers of this Houfe, for their Proceedings in Parliament, is a Breach of the Privilege of this Houfe, and deftruclive of the Freedom and Li- bertie- of Parliaments. 1699, 22 Ap. Rejohed^ That the pub- liming the Names of the Members of this this Houfe, and reflecting upon them, and mifreprefenting their Proceedings in Parliament, is a Breach of the Pri- vilege of this Houfe, and deftructive to the Freedom of Parliaments. 1701, 7 Feb. Refohed, That the af- perfing the laft Houfe of Commons, or any Member thereof, with receiving French Money, or being in the Intereft of France^ was a fcandaious, villainous, and groundlefs Reflection, tending to Sedition, and to create a Mifunderftand- ing between the King and his People, Refohed, ThzvTbomasCckpspper^ Efcj; is guilty of promoting the faid fcanda- ious, villainous, and groundlefs Reflec- tion upon the faid Houfe of Commons, and that he be for his faid Offence com- mitted to Newgate, 1704, 2 May, Refilled, That to af- perfe any Member of the Houfe of Com- mons with being in the Intereft of the pretended Prince of Wales, or the French Government, for, or in refpecl of his Behaviour and Proceedings in the Houfe of Commons, is villainous and feditious, deftructive to the Liberties of Parliament, and the Freedom of Elections, and tends to I '4 ] to create a Mifunderftanding between her Majefty and her Subjects. *733> I2 -Ap' Complaint being made to the Houfe by feveral Members of this Houfe, that a tumultuous Crowd of Peo- ple were aflembled together laft Night, and feveral Days during this Sefljon in the Court of Requefts, and other Ave- nues to this Houfe ; and that themfelves, and feveral other Members of this Houfe, were laft Night, in their Re- turn from this Houfe, menaced, infulted. and affaulted by a tumultuous Crowd of People in the Paffages to this Houfe, Re/olved and Declared, Ncmine Con- tradicente, That the afiauhing, infulting, or menacing any Member of this Houfe, incoming to, or going from the Houfe, upon the Account of his Behaviour in Parliament, is an high Infringement of the Privilege of this Houfe, a moft out- rageous and dangerous Violation of the Rights of Parliament, and an high Crime and Mifdemeanor. Refdhed and Declared, Nemine Con- tradicente, That the aflembling and coming of any Number of Perfon?, in a riotous, tumultuous, and diforderly manner to this Houfe, in order cither to [ H3 } to hinder or promote the paffing of any Bill, or other Matter depending hcfore the Houfe, is an high Infringement of the Privilege of this Houfe, and is de- trimental to the Freedom and Conftitu- tion of Parliament, and an high Crime and Mifdemeanor. Ordered, TJut the Members of this Hou r e, who ferve for the City of Lon- don, County of Middlefex, and City of Weftminfter, do fignify the faid Refolu- dons and Declarations to the Lord Mayor of London, Sheriffs of Middle/ex, and High Bailiff of Wejlminfter. 1751, 20 Nov. A Complaint being made to the Houfe of a printed Pam- phlet, intitled,The Cafe of the Honour- able Alexander Murray , Efq; in an Ap- peal to the People of Great Britain, but more particularly the Inhabitants of the City and Liberty of Weftmirifttr. The faid Pamphlet was brought up to the Table and read, Rejohed, Nemine Contradicente, That an humble Addrefs be prtfented to his Majefty, humbly to defire liis Majefty, that he will be gracioufly pleafed to give Directions to his Attorney General to profecute the Authors or Author, Printers .[ '4*1 Printers or Printer, and the PuMifhers or Publifher of the faid fcaadalous Libel, in order that they may be brought to condign Punifhment for the fame. Ordered, That the faid Addrefs be prefented to his Majefty, by fuch Mem- bers of this Houfe, as are of hisMajefly'i jnoft Honourable Privy Council. N. B. Mr. Owen, a Bookfetler, fpedtive Damages and bufferings againft the Lords and others of the Council, that put their Hands to the Information in the S tar-Chamber, and the Judges of the Kings-Bench. Seventeentbly, Refched, &c. That Mr. Lawrence Whitaker being a Member of the Parliament, 3 Car. and entering into the Chamber of Sir John Elliot, (being likewiie a Member of this Par- liament) fearching of his Trunks and Papers and Sealing of them, is guilty of the Breach of Privilege of Parliament, this t M-9 I this being done before the Difiblution of the Parliament. Refohed upon the Quejiion, That Mr. Lawrence Whitaker being guilty of the Breach of Privilege, as aforefaid, fhall be lent forthwith to the Toiler, there to remain Prifoner, during the Pleafure of the Houfe. Mr. Whitaker was called down, and kneeling at the Bar, Mr. Speaker pro- nounced Sentence again ft him. 1641, 10 Dec. Refifafdj &c. That the fetting of sny Guard about this Houfe, without the Confent of this Houfe, is a Breach of the Privilege of this Houfe, and therefore fuch Guards ought to be difcharged. Refohed, &c. That this Guard fhall be immediately difcharged by the Com- mand of this Houfe. 1641, 14 Dec. The Gentleman- Umer of the Black Rod came and ac- quainted Mr. Speaker, that his Majefty had fent for the Houie of Commons to attend him prefently in the Lords Houfe. N. B. The Xing's Speech not en- tered. H 3 To To reprefent unto the Lords how the ancient Privilege of the Lords and Com- mons were now broken, in regard that his Majefiy took Notice of a Bill, that v.TiS paiTing before it be reprefented to his iMajefty, by the Confent of the Lords and Commons ; and likewife in pre- icribing Savings, or Limitations, to a Bill, before it be prefented to his Ma- jei'.y, in the ufual Manner ; and to de- fire their Lordfhips to join with this Hcufe, in petitioning his Majefty, that this Inconveniency, and Breach of Pri- vilege, for the future may be forborn'. Rcfohed upon the $uejlion> That a Meffage be fent to the Lords, to defire a Conference with the Lords, concern- ing the Breach of Privilege of Parlia- ment in two Particulars now moved con- cerning his Majefty's Speech, and to tLfire their Lo dfhips to join with this Houfe, in acquainting hh Majefty here- withal in an humble Petition ; and to defire that the like Inconveniency may be forborne for the future. 1641, 1 6 Dec. Mr. Pirn reports from the Committee appointed to confider of the Breach of Privilege of Parliament, by . [ '5' 1 by reafon of his Majefty's Speech to both Houfes of Parliament on Tuefday laft ; firft, it was Refohed upon the Queftion, That the Privilege of Parliament was broken, by his Majefty's taking Notice of the Bil'l for preffing, being in Agitation in both Houfes, and not agreed upon. Secondly^ Refohed upon the Queftion, That the Privilege of Parliament is broken, that his Majefty mould pro- pound a Limitation, and provifional Claufe to be added to the Bill, before it was prefented to him by Confent of both Houfes. Thirdly^ Refohed, &c. That the Pri- vilege of Parliament is broken, in that his Majefty did exprefs his Difpleafure againft fome Perfons, for Matters moved or debated in Parliament, during the De- bate and Preparation of that Bill. That a declaratory Proteftation ihall be entered in the Houie, of the Claim of thofe Privileges and Liberties j and that the Lords fhall be moved, that the like declaratory Proteftation be entered in the Journals of their Houfe. That a petitionary Remonftrance to his Majefty ihall be prepared', declaring H 4 the Right of Parliament to thefe Privileges, and the Particulars wherein they have been broken, with an humble Define, .that the like may not be done hereafter ; and that his Majefty will be pleafcd to difcover the Parties, by vvhofe Mifin- lormation and evil Council his Majefty was induced to this Breach of Privilege, that fo they may receive condign Pun;fh- inent for the fame ; and that it be de- fired, that his Maj.fly would take no Notice of any particular Man's Speeches or Carriage, concerning ar.y Matter treated in Parliament. A declaratory Proteftation, and a pe- titionary Remonftrance to the Effect above-mentioned, were prefented to the Houfe and read. The Lords agreed to the fame, and it was to be prefented by Committees of both Houfes. 1641, 20 Dec. R.fohcd, &c. That in no Cafe a Proteftation ought to be de- fired by any Member of this Houfe, or admitted by this Houfe being defired. 1641, 3 Jan. Rf&foed upon the %uef~ tton, That the feveral Parties now fcaiing up the Trunks or Doors, or feizing the Papers of Mr. Pirn, Mr. Ho/fa, or any other [ '53] other Member of this Houfe, that the Serjeant (hall be informed of, (hall be forthwith apprehended, and brought hither as Delinquents ; and that the Ser- jeants mall have Power to break open the Doors, and to break the Seals from off the Trunks. Refohed upon the Qyeftion, That Mr. Speaker fhall fign a Warrant dire&ed to the Serjeant at Arms attending on this Houfe, to the Effect of the Order abovefaid. Refohed upon the Qutjlion, That if any Perfons whatfoever fhall come to the Lodging of any Member of this Houfe, and there do offer to feal the Trunks, Doors, or Papers of any Mem- ber of this Houfe, or to feize upon their Perfons, that then fuch Members (hall require the Aid of the Con fl able, to keep fuch Perfons in fafe Cuftody, till this Houfe do give further Order ; and this Houle doth further declare, that if any Perfon whatfoever mall offer to ar- rell: or detain the Perfon of any Member of this Houfe, without firfl acquainting this Houfe therewith, and receiving fur- ther Order from this Houfe, that it is lawful for fuch. Member, or any other H 5 Per ion [ 154] Perfon to affift him, and ftand upon his or their Guard of Defence, and to make Refiftance according to the Proteftation taken to defend the Privilege of Par- liament. Mr. Francis, Serjeant at Arms, fend- ing in Notice, that he was commanded to deliver a Meffage from his Majefty to Mr. Speaker, whereupon he was called in to the Bar without the Mace, and there he delivered this Meffage : * I am commanded by the King's Majefty, my Mafter, upon my Alle- giance, that I fhould come and repair to the Houfe of Commons, where Mr. Speaker is, and there to require of Mr. Speaker five Gentlemen, Mem- bers of the Houfe of Commons ; and that thefe Gentlemen being delivered, I am commanded to arreft them in his Majefty 's Name of High '1 reafon. ' Their Names are Mr. /&///*,- Sir Arthur llajlertgg* Mr. Pirn, Mr. Hampden, Mr. William Strode' Mr. Chancellor of the Exchequer, the Lord Falkland, Sir Philip Staple ton, and Sir Jobn Hotham, arc appointed to attend his Majefty, and to acquaint his Majefty, that this Meffage from his Majefty, is a Matter r Matter of great Confequence ; it con- cerns the Privilege of Parliament, and therein the Privilege of all the Com- mons of England, that this Houfe will take it into ferious Confideration, and will attend his Majefty with all Humi- lity and Duty, with as much Speed as the Greatnefs of the Bufinefs will per- mit j and that, in the mean time, this Houfe will take care that thofe Gentle- men, mentioned in the Meffage, mall be ready to anfwer any legal Charge laid againft them. Mr. Speaker did, by Command of the Houfe, enjoin thefe five iMembers particularly, one by one, to give their Attendance on this Houfe de Die in Diem, till the Houfe take further Order. Ordered, That the Serjeant do ac- quaint Serjeant Francis, who attends without, that this Houfe will fend an Anfwer to his Majefty to the Meflage he brought, by Members of their own Houfe. v 1641, 4 Jan, Po/l Meridiem. His Majefty came into the Houfe, and took Mr. Speaker's Chair. H 6 G /:- [ '56] Gentlemen, * I am ibrry to have the Occafion to * come unto you j I fent a Serjeant at < Arms, upon a very important Occa- * fion, to apprehend fome by my Com- c mand, who were accufed of High ' Treafon, whereunto I did expect Obe- * dience, and not a Meflage ; and I * muft declare unto you here, that albeit * no King that ever was in England * fhall be more careful of your Privi- ' leges, to maintain them to the utmoft * of his Power, than I {hall do ; yet * you muft know, that, in Cafes of * Treafon, no Perfon hath a Privilege ; * and therefore I am come to know, if * any of thefe Perfons that 1 have accu- * fed are here ; for I muft tell you, Gen- ' tlemen, that, fo long as thefe Perfons that 1 have accufed (for no flight * Crime, but for Treafon) are fecreted, * 1 cannot expert that this Houfe wiil * be in the right way that I do heartily ' wifh it : Therefore I am come to * tell you, that I muft have them where- * ibever I find them Well, fir.ce I ' f.e that all the Birds are flown, 1 do * expect from you, that you (hall fend 4 them [ '57 ] them unto me, as foon as they return * hither ; but I aflure you, on the Word ' of a King, I never did intend any * Force, but (hall proceed againft them * in a legal and fair Way, for I never * meant any other. ' And now, fince I fee I cannot do * what I came for, I think this no un- 4 fit Opportunity to repeat what I have 1 faid formerly, that whatfoever I have 4 done in Favour, and to the Good of ' my Subjects, 1 do mean to maintain, < &c. I will trouble you no more, but tell ' you, 1 do expect, as foon as they come 1 to the Houfe, you will fend them to ' me 3 otherwife I muft take my own * Courfe to find them.' When the King was looking about the Houfe, the Speaker fbnding below bv the Chair, his Majefty afked him, Whether any of thefe Perfons were in the Houfe ? Whether he faw any of them ? And where they were ? To which the Speaker, falling on his Knees, thus anfwered ; r '58 j May it pleafe your Majf/ly, * I have neither Eyes to fee, nor Tongue to fpeak in this Place, but as the Houie is pleafed to dired: me, whofe Servant I am here ; and I hum- bly beg your Majefty's Pardon, that I cannot give any other Anfwer than this to what your Majefty is pleafed to demand of me.' 1641, 5 Jan. Whereas his Majefty, in his Royal Perfon, Yefterday, being the 4th Day ot January, 1641, did come to the Houfe of Commons, at- tended with a great Multitude of Men, armed in a warlike manner, with Hal- berds, Swords and Piftols, who came up to the very Door of the Houfe, and placed themfelves there, and in other Places and PafTages near to the Houfe, to the great Terror and Disturbance of the Members thereof, then fitting -, and, according to their Duty, in a peaceable and orderly manner, trea'ing of the great Affairs of both the Kingdoms of England and Ireland ; and his Majefty, having placed himfelf in the Speaker's Chair, did demand the Perfons of diverfe Members 1 159] Members of that Houfe to be delivered unto him. It is this Day declared by the Houfe of Commons, That the fame is a high Breach of the Right and Privilege of Parliament, and inconfiftent with the Liberties and Freedom thereof. And therefore this Houfe doth con- ceive they cannot, with the Safety of their own Perfons, or the Indemnity of the Rights and Privilege of Parliament, fit here any longer, without a full Vin- dication of To high a Breach, and a fuffi- cient Guard, wherein they may confide ; for which both Houfes jointly, and this Houfe by itfelf, have been humble Sui- tors to his Majefty, and cannot yet ob- tain. 1641, 13 'Jan. Articles of Impeach- ment againft five Members of this Houfe, depending in the Lords Houfe, was read. Lord Grey is to go up to the Lords with this Meflage, to acquaint their Lordihips, that this Houfe finds, under the Clerk's Hand of their Houfe, that there are Articles of High Treafon ex- hibited in their Houfe againft diverfe Members of this Houfe, and to defire their [ 160 ] their Lordftiips to be pleafed to inform this Houfe, who did bring in the faid Articles. Lord Grey brings Anfwer, that Mr, Attorney-General did exhibit thofe Ar- ticles. Mr. Brown reports from the Com- mittee, appointed to confider of Heads of a Conference, concerning the Art- cles againtl: the five Members of this Houfe in htec Verba ; Whereas we under (land from your Lordfhips, that the King's Attorney Ge- neral, in the Houfe of Peers, hath pre- ferred thefe Articles of High Trealbn, and other Mifdemeanors, againft Mr. Denzill Hoiks, Sir Arthur Hajlerigg, Mr. John Pirn, Mr. yohn Hampden, and Mr. William Strode, Members of the Houfe of Commons, we declare that this is a high Breach of the Privilege of the Houfe of Commons, for which in due Time we fhali defire Juftice ; and for the Intent that the Truth may be difcovered, and that legal Proceedings may be fpeedily had, we defire your Lordihips to require Mr. Attorney to aniwer thefe Queftions. The [ ,6, ] The four Queftions propofed to be . aiked him, and his Anfwers. Vide 15 y unitary, 1641. Rtfoiveth &c. That thefe fhall be the Heads of the Conference, and that thefe Quc-ftions fhall be then offered to the Lonis to be propounded to Mr. At- torney. Re/c/ved, &c. That the Impeach- ment made by Mr. Attorney in the Houfe of Peers againft the five Mem- bers of this Houfe, is a high Breach of the Privilege of this Houfe. 1641, 15 Jan. Ordered^ That fome Way be thought of for charging Mr. Attorney by this Houfe as criminous, for exhibiting thefe Articles in the Houfe of Lords againft Members of thisHoufe, without any Information or Proof that appears ; and thac this Houfe, and the Gentlemen charged by him, may have Reparation from him j and that he may put in Security, to Hand the Judgment of Parliament. Refofaea, &c. That this Aft of Mr. Attorney's, in this Impeachment againft Members of this Houfe, is illegal, and a high Crime. jfcr- Refohed, &c. That the Lords {hall be defired by a MefTage, that Mr. At- torney put in good Security to ftand to the Judgment of Parliament. Refolded, 6cc. That the Impeachment made by Mr. Attorney in the Houfe of Peers againft the five Members of this Houfe, and the Proceedings thereupon, is a high Breach of the Privilege of Par- liament. 1641, 12 Feb. Articles of Impeach- ment againft Mr. Attorney. 1641, 2 Feb. Bill againft him or- dered. ORDERS about Poft -Letters and Franking. 16^9, 14 Aug. Refolded, ^T^ HAT the breaking open Let- -* ters directed to, or fent from any Member of this Houfe, is a Breach of the Privilege of this Houfe. 1690, i Feb. Ordered, That no Let- ter from any Member of this Houfe go frank by the Poft, but what {hall be figned by the proper Hand of fuch Member. 1698, [ '63 ] 1698, 27 May, Refolved, That it is the Opinion of this Committee, that, cs a proper Means to prevent the inter- cepting of Letters belonging to the Members of the Houfe for the future, the Perfon appointed to bring them from the Port- Office {hall conftantly attend two Hours at the leafl at the Place ap- pointed for the Delivery of the faid Let- ters j and take care, during his Stay there, to deliver the fame to the feveral Members to whom they mall be di- reeled, and to no other. Refofoed, That it is the Opinion of this Committee, that the faid Officer, upon his going away, fhall give fuch Letters as (hall remain undelivered to one of the Servants belonging to the Houfe, who fhall take care to delivef the faid Letters to the feveral Members to whom they are directed, or their known Servants, or unto fuch Perfon who fhall produce a Note under the Hands of the Members, who fhall fend for the fame. Rejofoed, That it is the Opinion of this Committee, that a more convenient Place mould be appointed, from whence the [ 164 ] the Letters may be delivered, or that the Place from whence they are at pre- fent delivered be enlarged. The faid Refolutions, being feveraliy read a fecond Time, were, upon the Queftion feverally put thereupon, agreed unto by the Houfe. 1727, 28 Mar. The two fir ft Or- ders revived, and fent to the Commif- fioners for executing the Office of Poft- Manrer-General. 17 ic, 9 Sept. A Complaint being made to the Houfe of great Abufes in franking Poft Letters, tending to the leffeningof his Majefty's Revenue?, and to the difperfing of feditious and fcan- dalous Libels. Ordered, Nemtne Contradicente, That no Member of this Houfe do prefume to frank any Letter, unlefs the whole Superfcription of fuch Letter be of his own Hand- writing. A Motion being made, and the Quef- tion being put, that no Letter directed to any Member of this Houfe be carried free of the Duty of Poftage, unlefs luch Member then actually refides at the Place to which fuch Letter is directed. It was refolved in the Affirmative. Or- [ '65 ] Ordered, That no Member of this Houfe do prefume to frank any publick News Paper to be fent into the Coun- try, but fuch as are printed. 1728, 22 May. Ordered^ That to pre- vent the intercepting or lofing of Let- ters directed to the Members of this Houfc, the Perfon appointed to bring Letters from the General-Port:- Office to this Houfe, or fome other Perfon to be appointed by the Commimoners for executing the Office of Poft-Mafter.- General, do, for the future, every Day during the SelTion of Parliament (Sun- days excepted) conftantly attend from ten o'Clock in the Morning till one in the Afternoon ; and alib for two Hours, atleaft, immediately aftei the riling of the Houfe ; and alfo on every Wednesday ', Friday -, and Monday^ from five of the Clock in the Afternoon till feven, at the Place appointed for the Delivery of the faid Letters -, and take care, during his Stay there, to deliver the fame to the feveral Members to whom they mall be directed, or to their known Servants, or others bringing Notes under the Hands of the Members fending for the fame. . Or; [ i66 ] Ordered, That the faid Officer do, upon his going away, lock up fuch Letters as ihall remain undelivered ; and that no Letters be delivered, but within the Hours aforefaid. Ordered, That the faid Order be fent to the Commiffioners for executing the Office of Poft-Mafter-General. 1729, 14 Jan. Revived annually. 1735, 1 6 Ap. The Houfe (accord 'ng to Order) proceeded to take into Con- federation the Report from the Com- mittee, to whom the Copy of his Ma- jefty's Warrant, whereby Letters are permitted to pafs free from the Duty payable upon Foil Letters, was re- ferred. And the faid Report was read, and the Refolutions of the Committee arc as follows, viz. Refolded, Firjl, That it is the Opi- nion of this Committee, that the Privi- lege of franking Letters by the Knights, Citizens, and BurgefTes chofen to repre- fent the Commons in Parliament, be gan with the creeling a Poll- Office within this Kingdom by Act of Parlia- ment, Refolded, Secondly, That it is the Opinion of this Committee, that all Letters (not exceeding two Ounces) figned by the proper Hand of, or di- rected to any Member of this Houfe, during the fitting of every Seffion of Parliament, and forty Days before, and forty Days after every Summons or Pro- rogation, ought to be carried, and de- livered freely and fafely, from all Parts, of Great Britain and Ireland, without Charge of Poftage. Rejohed, Thirdly, That it is the Opi- nion of this Committee, that it is an high Infringement of the Privilege of the Knights, Citizens, and BurgefTes, chofen to reprefent the Commons of Great Britain in Parliament, for any Poft-mafier, his Deputy or Agents, in Great Britain or Ireland, to detain or delay, open or look into, by any Means whatfoever, any Letter directed to, or figned by the proper Hand of any Mem- ber, without an exprefs Warrant in writing, under the Hand of one of the principal Secretaries of State for fuch detaining, delaying, opening, or look*, ing into. Rf- [ ,68] Refihed, Fourthly, That it is' the Opi- nion of this Committee, that all Letters directed to any Members of this Houfe, at any Place within the Bills of Morta- lity, be carried by the proper Officers of the Pott-Office to the Houfe or Lodgings of fuch Member, or to the Lobby of the Houfe of Commons. Rcfohed, Fifthly, That it is the Opi- nion of this Committee, that it is a no- torious Bi each of the Privilege o r the Houfe of Commons, for any Perf :n to counterfeit the H.^nd, or to put the Name of any Member of ihe Houfe of Commons upon any Letter, in order to prevent its being charged with the Duty on Poftage. Refolded, Sixthly , That it is the Opi- nion of this Committee, that fuch Per- fon, as ihall prefume to do tre lame, ought to be proceeded againft with the utmoft Severity. The firft and fecond Refolutions, upon the Qneftion, agreed to by the Houfe. The Debate of the third adjourned. J 735> J 5 -dp- Tne Debate of the third Refolution refumed, and the faid Refolution being read a fecond Time, and [ i6 9 ] and amended, was agreed to by tlic Houfe as follows, viz. Refohed, That it is an high Infringe- ment of the Privilege of the Knights, Citizens, and Burgefles, chofen to re- prefent the Commons of Great Britain in Parliament, for any Poft- matter, his Deputy or Agents, in Great Britain or Ireland, to open or look into, by any Means whatfoever, any Letter directed to, or figned by, the proper Hand of any Member, without an exprefs War- rant in writing, under the Hand of one of the principal Secretaries of State, for every fucii opening or looking into, or to detain or delay any Letter directed to, or figned wit;; the Name of any Mem- ber, unlefs there mail be juft Reafon to expe:t fome Counterfeit of it, with- out an exprefs Warrant of a principal Secretary of State, as aforefaid, for every fuch detaining or delaying. The red of the Refolutions of the faid Committee, being feverally read a fecondTime, were, upon the Queftion feve*ally put thereupon, agreed to by the Houfe. 1 742, 1 6 Jan. Complaint being made to the Houfe, that the Hand -writing of I a 1 170] a Member of this Houfe had been coun- terfeited upon feveral Letters, in order to prevent their being charged with the Duty of Foliage ; Refohed, Nemine Contradicente, That an humble Addrefs be prefented to his Majefty, that he will be gracioufly pleafed to give Directions to his Attor- ney-General, to profecute at Law fuch Perfons as counterfeit, or otherwife frau- dulently make ufe of the Hand- writing of Members of this Houfe upon Let- ters, in order to prevent fuch Letters being charged with the Duty of Poftage. 1747, 1 6 Nov. Ordered, That when any Letter, or Packet, directed to this Houfe, fhall come to Mr. Speaker, he do open the fame, and acquaint the Houfe, at their next Sitting \vith the Contents thereof, if proper to be com- municated to this Houfe, Revived an- nually. 1694, 7 Mar. Ordered y That the Pofl-mafter attending this Houfe do not at any Time deliver any Letters to any Members, during the fitting of the Houfe. j6oc, 29 Dec. Revived. 1698, 16,98, io Feb. Ordered, That no Poft Letters directed to any Members of the Houfe be delivered out, until after the rifing of the Houfe. 1700, 1 8 Feb. 1 1702, 24 O#. I Revived. 1702, 9 Nov. j 1704, 24 O#. 1 Declared a ftand- . 1708, 21 Dec. 3 ing Order. ORDERS touching the Minute-Book, &c. 3 SI R Edwin Sandys reported from the Committee, to perufe and confider of fuch Entries as are made by the Clerk in his Journal Book, Gfc. with the Rea- fons, &c. That it is thought convenient by the Committee, tha this Order Should be entered, and upon Queftion, Re- folved to be entered in ihefe Words, viz. That between this and the next Sef- fion of Parliament, the Cierk {hall per- fect this Journal-Book for thefe three fii ft Seflions, and that no Matter of Mef- fage, or Conference, or Refolution of the Houfe proceeding thereupon, {hall I 2 be [ '7* } be of Record or in Force, till fuch Time as the fame be perufed and perfected by a Committee to be chofen the next -ef- iion of Parliament, and approved by the Houfe j and that from henceforth, the Committee of Privileges do every Safur- day in the Afternoon perufc and perfect the Book of Entries, in all fuch Mat- ters as aforefaid, and that in regard of the great Pains, which the Cle:k is to, take in perfecting the faid Journals, fome Courfe to be taken, the next Sef- fions, for his better Encouragement. 1609, 9 Feb. The faid Order for the Journal-Book continued. 1666, 4 Feb. Ordered, That the Committee appointed to infpect the Journals be rtvived, and do examine the fame every Saturday. 1669, 4 Dec. Re/ohed, That a Com- mittee be appointed to perufe the Jour- nals of this Houfe, every Saturday in the Afternoon, and. if there beany Mif- take in Writing to rectify the fame, and if they find any OmitTion or Miftake in the Entry of the Votes and Orders of the Houfe, and to report the fame to the Houfe, and that it be referred to, Gfc. 1675, \May t The fame. 1678, 1678, n Dec. Ordered, That a Committee be appointed to infpedt and per ufe the Journals of this Houfe, to lee that due Entries be made, and make a Report of the Miftakcs and Errors therein every Monday Morning. Ordered, Tbut the Orders of the Houfe be drawn up every Day, and read the next Morning, before they be entered in the Journals. 1679, 29 Mar, Ordered^ That the Orders and Proceedings of this Houfe, after they are read every Morning, be entered in the Journals of the fame Day. 1680, 27 Off. Revived. Ordered, That a Committee be ap- pointed to infpedt the Journals every Morning, and fee that true Entries be made. 1641, 10 Dec. Sir Arthur Haflerigg moved the Houfe againft the Clerk for fuffering his Journals, or Papers com- mitted to his Truft, to be taken by !V em- bers of this Houfe from the Tabie ; for that if any Alteration were made in an Order, though but in a Word, the Clerk could not anfwer it, and therefo; i-e- fired it may be ordered for the future, I 3 the [ 174] the Clerk Ihould not fuffer the fame, it bring againft the Duty and the Truft he is fworn unto ; but the Houfe declined the making of any Order herein ; de- claring, that it was a fundamental Or- der of this Houfe, that the Clerk who is a fworn Officer, and intruded with the Entries and the Cuflody of the Re- cords of the Houfe, ought not to furTer any Journal or Records to be taken from the Table, or out of his Cuflody; and if he mall hereafter do it, after this Warning, that at his Peril he fhall do it. 1666, 22 051. Refolded, &c. That no Perfon be permitted to have Infpeclion of the Journal- Book, but fuch a> are Members of this Houfe. 1677, 3 *dp* Ordered, That no Mem- ber of this Houfe do hereafter take off from the Cle k's Table, any Bill or Brief of a Bill, or the Journal-Book, or be permitted to take Notes, or copy there- out, during the fitting of the Houle, or a Committee of the whole Houfe. 1699, 25 Mar. Ordered and Declared, To be a ftanciing Order of the Houfe, that no Member do take a Pap r, or the Minute- Book from off the Table, to tranfcribe [ '75 1 tranfcribe in the Houfe, under the Dif- pleafure and Cenfure of the Houfe. 1741, 31 May, Refolded, That all the Books of the Proceedings or Jour- nals of the Houfe of Commons, now in the Cuftoriy of the Clerk of the faid Houfe, and commencing with the Book called Seymour^ which begins with the Reign of King Edward VI. be printed. Refolded, That 1000 Copies of the faid Journals be printed for the Ufe of the Members of this Hjufe, by the Appointment, and under the Direction of 'Nicholas Harditj, Efqj Clerk of the Houfe of Commons (the fame not to exceed 30 Volumes) with a proper Pre- face and Index to each Volume, and a General Preface and Index to the Whole. Rejoined, That a proper Recompence be made to the faid Nicholas Hardin, for the Lofs of Fees, whic^ he and his Office will fuftain by printing the faid Journals. Rejohed, That an humble Addrefs be preferred to his Majefty that he will be gracioufly pleafed to order the Sum of 5000 /. to be advanced to -Nia '25 Hardin, Efq; Clerk of this Houfe, to- I 4 wards wards enabling him to print the Jour- nals of this Houfe ; and likewife the further Sum of iooo/. as a Recom- pence to the faid Nicholas Hardin^ for the Lofs of Fees, which he and his Of- fice may fuftain, by printing the faid Journals, and to allure his Majefty, that this Houfe will make good the fame. Ordered, That the faid Journals be printed by fuch Perfon, as (hall be li- cenfed by Mr. Speaker, and that no other Perfon do prefurne to print the fame. ORDERS agatnft the Printing the Votei and Proceedings of the Houfe. 1641, 13 July, Ordered, '"T* H A T no Member of this Houfe, -* mail either give a Copy, or publifh in Print, any Thing that he (hall fpeak here, without Leave of the Houfe. 1642, 22 Mar. Re/ohed, &c. That whatsoever Perfon mail print any A& or Paffages of this Houfe, under the Name of Diurnal^ or otherwife, with- out the particular Licence of this Houfe, mall be reputed a high Contemner and Breaker [ '77 ] Breaker of the Privilege of Parliament, and to be punimed accordingly. 1695, ii Feb. Ordered, That no News-Letter- Writer, do in their Let- ters, or other Papers that they difperfe, prefume to intermeddle with the De- bates, or any other Proceedings of this Houfe. 1607, 1 8 Jan. 1 n j 703! 37-. } Revlved " 1703, 2-- Jan. Refohedy That no News-Writer do prefume in their Let- ters or other Papers that they difperfe (as Minutes, or under any Denomina- tion) to intermeddle with the Debates; or any other Proceedings of the Houie. Refofoed, That no Printer or Pub- liflier of any printed News- Papers, do prefume to infert in any fuch Papers, any Debates or any other Proceedings of this Houfe, or any Committee thereof. 1728, 26 Feb. Refohed, Nemlne Con- tradicente^ That it is an Indignity to, and a Breach of, the Privilege of this Houfe, for any Perfon to prefume to give in Writing, or printed News- Papers, any Account or Minutes of the Debates, or I 5 other other Proceedings of this Houfe, or of any Committee thereof. Refohed, Nemine Contradicente, That upon Difcoveryof the Authors, Pi inters, or Publishers of any fuch written, or printed News-Paper, this Houie will proceed againft the Offenders with the utmoft Severity. 1738, 13 Ap. A Complaint being made to the Houfe, that the Publifhers of feveral written and printed News Letters and Papers, had taken upon them to give Accounts therein of the Pro- ceedings of this Houfe j Rejolved, That it is an high Indignity to, and a notorious Breach of the Pri- vilege of, this Houfe, for any News- Writer, in Letters or other Papers, as Minutes (or under any other Denomi- nation ) or for any Printer or Publisher of any printed News- Paper, of any De- nomination, to prefume to infert in the laid Letters or Papers, or give therein, any Account of the Debates, or other Pro eedingsof this Houfe, or any Com- mittee thereof, as well duiing the Re- cefs, as the Sitting of Parliament ; and that this Houfe will proceed with the [ '79] the utmoft Severity again ft fuch Of- fender?. 1753, 10 Ap. A Complaint being made to the Houfe, that the Publimers of feveral News Papers had taken upon them to give Accounts therein of the Proceedings of this Houfe. Rtfolved, Netnine Contradicente^ That it is an high Indignity to, and a Breach of, the Privilege of this Houfe, for any News- Writer, in Letters, or other Pa- pers, as Minutes, or unde any Deno- mination, or for any Printer or Pub- lifherof any printed News-Paper of any Denomination, to prefume, under any Pretence vvhatfoever, to infert in the faid Letters or Papers, or to give theiein any Account of the Debates, or other Proceedings whaifoever, of this Houfe, or of any Committee thereof, as well during the Recefs, as the Sitting of Par- liament ; and that this Houfe will pro- ceed with the utmoft Seventy againft fuch Offenders. 1659, 13 Ap. Rc/ohed, That the Orders and Refo'utions of this Houfe, mall not be printed by any Perfon cr Perfons whatfoever, without the fpecial Leave of the Houfe. I 6 1660, [ iSo] 1660, 2$ June, Refohed, That no Perfon whatsoever do prefume, at his Peril, to print any Votes or Proceedings of this Houfe, without the fpecial Leave and Order of the Houfe. 1 66 1, 14 Mav, 1 '^3. 5 j, L Revived . 1666, 14 May, \ 1689, 8 Nov. J 1678, 29 O#. Ordered, That none of the Votes of this Houfe be difperfed, orpublifhed in the Coffee- houfes. 1688, 21 Jan. The Votes on Quef- tion not to be printed. 1694, 22 Dec. Moved that it may be a {landing Order of this Houfe, that no more Votes of this Houfe may be printed. Ordered, That the Order of the 26th of Oftober laft, for printing the Votes be difcharged. The Houfe finding the great Incon- veniencies that have attended the print- ing of the Votes ; Refohed, That it be a {landing Order of the Houfe, that no Votes of the Ho ife (hall be printed, without the par- ticular Order or the Houfe. " Refofaed, That the Votes and Pro- ceedings of the Houfe be not publifhed by the Clerks, or any other Perfon what- foever. 1702, 25 Feb. Revived. 1689, 25 O#. Ordered, That all the Votes of the Houfe be printed, and that Mr. Speaker do perufe the Votes of the Houfe, and order the printing of them. 1722, 23 Nov. On Queftion the Votes ordered again to be printed. 1747, 1 6 Nov. Ordered, That the Votes of this Houfe be printed, being firlt perufed by Mr. Speaker ; and that he do appoint the printing thereof; .and that no Perfon but fuch as he fhall ap- point, do prefume to print the fame. Revived annually. ORDERS of the Houfe pleadable on Appeals and Writs of Error. 1689, 10 June. A Debate arifing in the Houfe, whe- ** ther the Orders and Proceeding of this Houfe, being pleaded to the Jurif- di&ion of the Court of King's- Bench, the fame ought to be over-ruled. Re- [ 182 ] Refohed, That the Orders and Pro- ceedings of this Houfe, pleaded to the Jurifdidion of the Court of King s- Bench, ought not to be over-ruled 1668, 9 May, The Houfe then re- fumed the Consideration of the Queftion before propofed, which being again de- bated. Refbfoed, &c. That whofoever {hall be aiding or affifting in putting the Order or Sentence of the Hoiife of Lords, in the Cafe of Thomas Skinner againfl the Eaft-lndia Company, in Execution, {hall be deemed a Betrayer of the Rights and Liberties of the Commons of England \ and an Infringer of the Privilege of this Houfe. Refohed, &c. That the Votes of the Lords, delivered at the late Conference, be kept in the Hands of the Clerk of this Houfe, but not entered in the Journal. 1675, 15 May, Refohed, &c. That whofoever mall appear at the Bar of ihe Lords Houfe, to profecute any Suit a- gainft any Member of this Houfe, (hall be deemed a Breaker and Infringer of the Rights and Privileges of this Houfe. 1675. 1675, 1 8 May. Sir Richard Temple reports from the Lords, that he had at- tended their Lordmips, according to the Commands of this Houfe, with the MeiTage in the Cafe of Mr On/low, to which the Lords returned an Anfwer, which being in Writing, he delivered in at the Clerk's Table and read, and is as follow, viz. The Lords do declare, that it is the undoubted Right of the Lords in Judi- cature to receive and determine in Time of Parliament, Appeals from inferior Courts, although a Member of either Houfe be concerned, that there may be no Failure of Juftice in the Land -, and from this Right and the Exercife there- of their Lordlh'ps will not depart. And the Matter of the Lords Anfwer being debated. R:Johed^ &c. That it is the undoubted Right of this Houfe, that none of their Members be fummoned to attend, or be proceeded againit in the Houfe of Lords, during the Sitting or Privilege of Par- liament, 1 8th and 1 9th of May, 1675. 167,, 7 June, A Copy of an Older of the Lords Spiritual and Tempo al in Parliament affembled, dated the Tift of May [ '84 ] May la ft, and ferved on Sir John Fagg on Friday lad, was tendered and read, whereby the Lords have ordered to hear Council at the Bar, in the Caufe upon the Appeal, there brought by Thomas Shirley, Efq; againft Sir John Fagg, and the Anfwer thereunto, on Tuefday the 8th of this Inflant June, at ten o'Clock in the Forenoon, and a Debate arifing thereupon j Refohed, Nemlne Contradicente, That as to the Cafe of Appeals brought a2ainft Sir John Fagg in the Houfe of Lords, Sir John Fagg fhall have the Prote&ion and ArTiftance of this Houfe. Rcfbhed, Nemine Contradicente, That if any Perfon or Ferfons mall be aiding 1 or afiifting, in putting in Execution any Sentence, or Judgment that fhall be given by the Houfe of Lords, upon the Appeal brought by Dr. Shirley againft Sir John Fagg, a Member of this Houfe ; fuch Peri : n and Perfons fhall be ad- judged, and taken to be Betrayers of the Rights and Liberties of the Commons of England, and the Privilege of this Houfe, and fhall be proceeded againft accordingly. Or- C 185 ] Ordered^ That thefe Votes be made public, by fetting them up in Weftminfter- Hall, and in the Lobby of this Houfe ; and that the Clerk of the Houie do take care to fee it done. 1675, 7 yune, Refohed, Nemine Con- tradicente, That no Perion commitred for Breach of Privilege by Order of this Houfe, ought to be discharged du- ring the :-e(Tions of Parliament, but by Order or Warrant of this Houfe. Refolded, Nemine Contradicente, That the Lieutenant of the Tower y in receiv- ing and detaining in Cuftody Sir John Churchill, Mr. Serjeant Pemberton, Mr. Serjeant Peck, and Mr. Charles Porter, ha;h performed his Duty according to Law, and for his fo doing he (hall have the Affiftance and Protection of this Houfe. Refolded, Nemine Contradicente, That the Lieutenant of the Tower, in cafe he hath received, or mall receive any Writ, Warrant, Order, or Comrr m - ment, to remove or deliver any Fcribn or Perfons, committed for Breach of Privilege, by any Order or Warrant cf this Houfe, {hall not make any Return thereof, or yield any Obedience thereto before [ i86] before he hath firft acquainted this Houfe, and received their Order and Direction how to proceed therein. Ordered, That theie Refolves be im- mediately fent to the Lieutenant of the Tower. J 675, 9 June, Refbhed, Nemine Con- tradjcente, That no Commoner of Eng- land, committed by Order or War- rant of the Houfe of Commons for Breach of Privile e, or Contempt of that Houfe, ought, without Order of that Houfe, to be by any Writ of Ha- beas Corpus i or other Authority what- foever, made to Appear and anfwer, and to do and receive a De:.rmination in the Ho fe of Petrs during that SelTion of Parliament, wherein iuchPerfon was fo committed. Refolwd, Nemine Contradicente, That the Order of the Houfe of Peers, for the iffuingout Writs or Habeas Corpus, con- cerning Mi. Serjeant Peck, Mr. Ser- jeant P ember ten y Sir Yobn Churchill, and Mr. Charles Porter, is inefficient and illegal; for that if i general and exprefs, no particular Caufe of Privilege and Commands, the King's Great Seal to be put put to Writs not returnable, before the iUd Houfe of Peers. Rffofofd, Nemine Contradicente t That the Lord-Keeper be acquainted with thefe Refolutions, to the End the faid Writs of Habeas Corpus may be fuper- feded, as contrary to Law and the Pri- vilege of this Houfe. 167;, 19 Nov. Whereas this Houfe hath been informed of fcveral Appeals depending in the Houfe of Lords, from Courts of Equity, to the great Violation of the Rights and Liberties of the Com- mons of England. It is this Day, Rcfbhed and Declared^ That whofo- ever (hall follicit, plead or profecute any Appeal againft a Commoner of England, from any Court of Equity before the Houfe of Lords, fh 11 be deemed and taken as a Betrayer of the Rights and Liberties of the Commons of England^ and (hall be proceeded againft accord- ingly. Refohed, That Copies of this Refo- lution and Declaration be forthwith pub- licly affixed upon the Door of the Lob- by of this Houfe, and We/lminfter-Hall Gates, and upon the Gates of the two Serjeants-Inn*, and the Four Inns of Court, [ 188 ] Court, and the feveral Inns of Chancery* to the end all Perfons concerned may take Notice thereof, and that the Ser- jeant at Arms, now attending this Houfe, do caufe the fame to be fo affixed accordingly. 1704, 27 Nov. Refohed, That this Houfe will not give Leave to any of their Members to plead at the Bar of the Lords Houfe in Cafes of Appeals from Courts of Equity. ORDERS touching JVitnefles. 1640, 1 1 Nov. IT was declared as a confbnt Rule of this Houfe, that if a Witnefs be brought to this Houfe, the Houfe fitting, the Bar ought to be down j otherwife, if the Houfe be in a Committee. 1097, 2 May, Rfo/ved, That the Houie doth agree with the Committee in the faid Refolution, that the proper Meth :d to c-impel WitneiTes to come in, and give their Evidence upon Im- peachments, is in the firit Place to iffue out Summons from this Houfe to fuch WitnefTes for their Attendance. 1699, 29 Jan. A Complaint being made to the Houfe, that tlie Meffengers belonging belonging to the Serjeant at Arms at- tending this Houfe had demanded Mo- nies of feveral Perfons fummoned by them to attend Committees. Declared, That no Perfon fummoned to attend the Houfe or Committees, as Witnefles, ought to pay any thing for their being fo fummoned. 1643, 10 May, Complaint, being made to the Houfe of the Proceedings of the Houfe, of Reprefentatives of the Province of Majjachu/efs Bay, againfl Jeremiah Dunbar Efq; and the Cen- fure paffed upon him by the faid Repre- fentatives in tne Months of December and January laft, for giving Evidence in the .Seffion of Parliament preceding the laft, before a Committee of this Houfe, t : whom a Bill then depending in this Houfe, for the better fecuring and encouraging the Trade to his Ma- jefty's Sugar Colonies in America, was committed, and a Paper printed at Bofton in New England, intitled, Votes of the Houfe of Reprefentatives being offered to the Houfe. The faid Paper was brought up to the Table, and feveral Paragraphs therein were read, in which the afore-men- tioned tioned Proceedings againft the faid Jere- miah Dunbar, and the Cenfure parTed upon him, are contained. Rejohedy Nemine Contradicente^ That the prefuming to call any Perfon to Ac- count, or to pafs a Cenfure upon him for Evidence given by fuch Perfon be- fore this Houfe, or any Committee thereof, is an audacious Proceeding, and an high Violation of the Privilege of this Houfe. Ordered^ That a Committee be ap- pointed to enquire who were the Au- thors and Abettors of the Proceedings againfr, Jeremiah Dttnbar, Efq; in the Houfe of Reprefentatives of the M'ffa- chufcf's Bay, in the Months of Decem- ber and January lad paft at Bofton in NC--..D England^ on Account of the Evi- dence given by the faid Jeremiah Dun- bar^ before a Committee of this Houfe in the Year 1730. ORDERS ORDERS and R-folutions touching Trials on Impeachments. 1640, 1 6 Mar. MR. Whitehck reported from the Committee appointed to manage the Tryal of the Earl of Strfljford, that whereas the Houfe of Commons have formerly decLred to their Lord- fhips, that tru Earl of Sir afford being impeached by them, do conceive it doth belong to them to refolve in what man- ner they will be prefent at this Trial 5 and that of Right they may come as a Houfe, if they pleafe ; but for fome fpecial Reafons upon this Occafion, they are refolved to fend their own Members, as a Committee of the whole Houfe, authorized by the Houfe to be prefent at the Trial to hear, and fome particular Perfons of themfelves to manage the Evidence. The Houfe of Commons doth ftill continue their Refolutions in every Part thereof, and therein, and in the Matter of allowing Council, and their Lord- fhips Refervation to their Judgments, what is Matter of Fat, and what not j the [ '92 ] the Houfe of Commons do fave to them- felves, as they have formerly done, all Rights that do pertain to them, accord- ing to the Laws and the Courfe of Par- liament ; and to declare, that the Pro- ceedings in this Cafe mall not he drawn into Precedent to the Prejudice of the Commons. Ordered, That this Protection be by way of Conference transferred to the Lo r ds. Upon Sir John Culpepper's Report from the Committee that was appointed to view the Place, and to regulate the Order, and the Manner of the Com- mittee of the Houfe coming and being there, it was Ordered, Firji, That the Members of the Commons fhall fit together, with- out intermixing of any others in that Place which is prepared for them. Secondly, That in refpecl: of the In- conveniency of it, the Members mall not come to meet at the Houfe on Mon- day Morning, but come directly to the Place of Trial. thirdly, That for the well ordering of the Bufirrefs, the fame Committee, with the Addition of Air. Perd, fliall be prefent [ '93 1 prefent at the feveral Doors, at the En- trance of the Place appointed for the Members of the Houfe, by fix of the Clock j and are directed and required by the Houfe to admit none but fuch as {hall bring Tickets of their Names, and the Places for which they ferve ; and that none of the Members of the Houfe mail be admitted to come in, bs- fore thofe that are appointed to atttend at the Doors (hall come in ; and that if any other Stranger, or Member of the Houfe, mall offend this Order, thofe, who are appointed to attend this Ser- vice mall report it to the Houfe ; and it is further ordered, That all the Houfe (hall be there by eight o' Clock at the fartheft, and that fuch Places (hall be re- fervedfor them that attend this Service, as they {hall find to be moft proper and convenient for them. Ordered, That the Serjeant at Arms (hall attend within the Court, and his Men without, to be employed in fuch Service as they who manage the Evi- dence {hall appoint. He farther Reported^htf. the Speaker might be prefent in fome private Place, and as a particular Member of this K Houfe ; Houfe ; but the Committee doth not think fit, that the Houfe mould declare any Order in ir, touching the Members of this Houfe being covered at the Trial, the Committee thinks it not fit for them to deliver any Opinion ; only they offer the Difference that may be, when both Houfes meet, or Committees of both Houfes, and the prefent Cafe, where the Lords are to meet as a Houfe, and the Commons as a Committee of their Houfe. Ordered, That thofe Members of the Houfe, that are appointed to manage the Evidence, at the Trial of the Earl of Straford, lhall have Power, if they have been fworn at the Bar, to forbear to proceed any farther in the managing of their Evidence, until they have refortcd unto the Houfe, and have received far- ther Orders from, &e. 1640, 24 Mar. Ordered, That no Member of this Houfe lhall ftand in the Place appointed for the Earl of StraJ- ford's WimefTes at the Time of the Trial, unkfi it be fuch as by the faid Earl are required to be there, as Wit- nefjes. Or- 3 Ordered, That no Mcm'-er of this Houfe confer with the Earl of Str afford during; the Time of his Trial. 1641, 1 6 Feb. Mr. Wbiftber, a Mem- ber of this Houfe, of his own Accord, did publicly confefs he had committed an Error (being a Member of this Houfe) in being Bail for the Bimop of Oxon, who was accufed by this Houfe of High Treafon, and that he was heartily forry for it, which, upon his voluntary Ac- knowledgment thereof, the Houfe retted fadshed, and pardoned his Offence. Refolded, cifc. That no Perfon or Per- fons whatfoever, whom this Houfe (hall accufe of High Treafon, and be there- upon committed, ought to be bailed, without the Content of this Houfe. 1641, 8 Mar. Refohsd, That the Committee of this Houfe, employed to manage the Evidence at the Trial of Mr. A'torney, in the Lords Houfe, (hall not continue there, to hear any Council plead to the Matter of Fact, or to the Privilege of Parliament. 1642, ii A%, Ordered, That this Cafe of St. Gregary's, in refpecl: it is no Impeachment, but a Declaration of the K 2 Injuries id of [ '96 ] Injuries done to the Parimioners and their private Intereft, that no Members of this Houfe (hall attend the Manage- ment of it before the Lords, 1643, 10 Jan. RefiheJ, Sec. That this Houfe doth declare, that the Lords demanding of any particular Members, and nominating the faid Members to conilder with about any Matters, as they did by the Meflage of the eighth of Ja- nuary ', 1643, in the Bulinefs touching the Queen's Impeachment, is a Breach of the Privilege of chis Houfe, and there- fore cannot be yielded unto, or granted by this Houfe. 1667, 5 Dec. Refohed, &c. That when any Subject (hall be impeached of High Trealbn generally, by the Houfe of Commons, before the Lords in Parlia- ment, and defired to b? forthwith fecured, iuch Perfon impeached ought, for the Safety of the King and Kingdom, to be accordingly fecuied. Rtfo/ved, &c. That when fuch im- peached Perfon iluil be fecured, the Lords may limit a convenient Time to bring hb particular Charge before them, for the avoiding Delays in Juflice. 1680, [ '97 1 i68o, 29 Nov. Ordered, That the Members of this Houfe do fit together, without mingling with other Perfons, in that Place which is prepared for them, at the Trial of the Lord Stafford ; and that Mr. Hiward, Captain of the Yeo- men of the Guard, is deiired to take caie herein. 1680, 2 Dec. Ordered, That nothing that hath been, or (hall be faid, by any Member of this Houfe, or by any Per- fon that (hall be produced as a Witnets in Behalf of the Commons of England, in the Trial of William Vifcount Staf- ford, be printed or published without the Leave of ihis Houfe. 16^0, 6 Dec. Ordered, That no Mem- ber.of this Houfe do go into the Court in Weftminfter-Hall to-morrow Morn- ing, before this Houfe fhall have de- manded Judgment at the Bar of the Houfe of Lord<, upon the Impeachment of the Commons of England, againft William Vifcount Stafford, and that Mr. Howard have Notice hereof. 1689, 4 June, Refohed, That it is the Opinion of this Houfe, that a Pardon is not pleadable in Bar of an Impeachment in Parliament. K 3 1698, 1698, 2 Jufy, Ordered, That the Officers and Door-keepers cf this Houfe: do attend in Weflminftcr-Hall upon Mon- fay Morning next, at the Place appointed .for the Committees of this Houfe, to be }>refentat the Trial of Peter Longuewll r upon the Impeachment againft him, and *io tcke care that none but Members be '.omitted into that Place. 1701, 17 June, Ordered i That no Member of this Houfe do prefume to ""tta the Place appoiateJ by the fe fear ftibe Tdal of ifcse Laid ^ithositdKe Leave of this Bonsfc, 1701,, 20 J^P?, J&jf&fof Lords have rcfufed Juftice to the Com- mons, upon the Impeachment againft the Lord Somen, by denying them a 'Committee of both Houfe?, which was defired by the Commons, as the proper and only Method of fettling the neceflary Preliminaries, in order to the proceed- ing to the Trial of the faid Lord Scmers with Effect ; and afterward?, by pro- ceeding to a pretended Trial of the faid Lord, which could tend only to protccl him from Juflice, by Colour of an ille- gal Acquittal j againft which Proceed- ings of the Lords, the Commons do fo- lemnlv [ '99 ] felemnly proteft, as being repugnant to the Rules of Juftice, and therefore null and void. Re/ofoeJ, That the Houfe of Lords, by the pretended Trial of John Lord Scmers, have endeavoured to overturn the Right of Impeichment, lodgei in the Houfe of Commons by the antient Conditution of this Kingdom, for the Safety and Protedion of the Commons again ft the Power of great Men ; and have made an Invafion upon the Liber- ties of the Subjed, by laying a Foun- dation of Impunity for the greateft Of- fenders. A Motion being made, and the Quef- tion being put r that the ill Confequences which may at this Time attend the De- lay of the Supplies given by the Com- mons for the preferving the public Peace, and maintaining the Balance of Europe, by fupporting our Allies againft the Power of France, are to be imputed to thofe, who, to procure an Indemnity for their own enormous Crimes, have nfed their utmoft Endeavours to make a Breach between the twoHoufes. It was refolved in the Affirmative. K4 Or* this [ 200 ] Ordered, That no Member of thi s Houfe do prefume to appear on Monday next, at the pretended Trial of the Earl of Orford, upon Pain of incurring the utmoil Difpleafure of this Houfe. 1702, 2 Nov. Refolved, That Right hath not been done the Commons, upon the Impeachments before the Lords brought againft diverfe Peers in the thir- teenth Year of his late Majefty's Reign. 1709, 14 Fcb.Ordered y That nothing that (hall be faid by any Member of this Houfe, or by any Perfon that (hall be produced as a Witnefs in Behalf of the Commons- of Great Britain, in the Trial of Dr. Henry Sacbevcrel, be printed or published, without the Leave of this Houfe. Ordered, That no Perfons, but Mem- bers of this Houfe, do prefume to fit in the Places prepared for the laid Mem- bers in Wfftminfler-HalLt at the Trial of Dr. Sacbeverel. Ordered, That the Paffage for the Members of the Houfe, to and from their Places in WeJlminfter-Hall, be kept clear, for their more convenient PafTage j and that the Serjeant and Officers attend- ing this Jioufe do take care accordingly. Or- Member doprefume to go out of the Houfc, till the County for and in which he ferves be called. 1709, 25 Feb. Ordered, That the Door of the Place appointed for the Members of this Houfe, at the Trial of the faid Dr. Henry Sacbeverel, be not opened till Mr. Speaker comes to the fame. Ordered, That the Managers of the Impeachment againft Dr. Henry Sacbe- "jere/, do firft go out of the Houfe to the Places appointed for them in Weft- minfter-Hally before the other Members do go out of the Houfe. Ordered, That after Mr. Speaker mall leave the Chair, according to the Re- folution of the Houfe, to be at the Trial of Dr. Henry Sacheverel, as a Commit- tee of the whole Houfe, the Members be called over by the Clerk by their Counties, as ufual, for the more regular Proceeding. Ordered, That the Conftables si Weft - tninfter give their Attendance for keep- ing the Paflage to and from Weftminfter- Hall clear, that the Members of this Houfe may not be incommoded. i 7 i5, *'**. I >, 15 Mar. $ 1717, 24 June, J . .-';':! - . '. ^ Revived. - _^OI Members of the Long-Robe, not to plead at the Lords Bar, in any Caufe with- out Leave. Members not to attend ths Lords on Summons without Leave. 1666, 6 Nov. Ordered, >~pHAT fuch Members of thrs * Houfe, as are of the Long-Robe, (hall not be of Council on either Side, .n any Bill, depending in the Lords ] Houfe, before fuch Bill (hall come down from the Lords Houfe to this Houfe. 1669, lo Nov. Refohed, That no Member of this Houfe, of the Long- Robe, do, during this SeiTion of Par- liament, plead as Council before the Houfe of Lords, in any Caufr, without Leave afked and granted by this Houfr, after ten o'Clock. 1 693, 7 Dec. Ordered, That no Mem- ber of this Houfe do prefume to plead at the Bar of the Houfe of Lords, with- out Leave fii ft obtained from this Houfe, and [2*3 J and to be moved for between the Hours of eleven and one o'Clock. 1695, i o Dec. Revived. 1675, 5 June, Ordered, That no Member of this Houfe do attend the Lords Houfe upon any Summons from the Lords, without Leave of the Houfe. 1695, ii Ap. A MefTage from the Lords, that Sir Robert Clayton, and Mr. Maurice, may have Leave to declare their Knowledge, in relation to a Grant of Lands from the City of London* Leave given, and Ordered, That Sir Robert Clayton, and Mr. Maurice, do infill to be examined at a Committee of Lords, and not at the Bar. 1704, 27 Nov. Refohed t That when Leave is afked for any Member of this Houfe to attend at the Bar of the Houfe of Lords, the Caufe and Parties be ex- prefled, and whether upon a Writ of Error, or an Appeal. Refolved t That this Houfe [will not give Leave to any of their Members to plead at the Bar of the Lords Houfe, in Cafes of Appeals from Courts of Equity. K 6 D/7- ] .,-.- $)if qualification for, and in Members, and Difpenfations and Injunctions to Members. 1553, 13 Otf. T T is ordered by the Committee, that * Alexander Noivelly being a Preben- dary in Weftminfier> and thereby having Voice in the Convocation-houfe, may not be a Member, and fo agreed by the Houfe. 1620, 8 Feb. Refohed upon the guef- tion, That the Order of the laft Meeting in Parliament, concerning the not ferv- ing of the Attorney - General in this Houfe, mall ftand a new Writ. Alfo a new Writ for Morpeth, in the Room of a Minifter returned. 1640, 9 Nov. Ordered upon tbe Quef- tion % That all Projectors and unlawful Monopolifts whatsoever, or that have any Share, or lately had any Share in any Monopolies, or that do receive any Benefit from any Monopoly or Project, or that have procured any Warrant or Command for the Restraint, or mo left - ing of any that have refufed to conform thcmfelvw to any fuch Proclamations or or Projedl, are difabled, by Order of this Houfe, to fit here in this Houfe , and if any Man knows any Monopolist, that he fhall nominate him. 1659, 8 Off. Refolded, That no Per- fbn propounded, as to any Office of Pro- fit or Truft fhall be paffed the fame Day that he is propounded ; and that Mr. Speaker put the Houfe in mind thereof. Refohed, That fuch Perfons as mall prefent any Perfon to this Houfe, for any Place of Profit or Truft, fball give in his Name under his Hand, and leave it with the Clerk of this Houfe, and that they believe him to be a Perfon within the Qualification of the 9th of May, 1659. 1680, 30 Dec. Refolved, Nemine Con- tradicente, That no Member of this Houfe (hall accept of any Office or Place of Profit from the Crown, without the Leave of this Houfe, or any Promife of any fuch Office or Place of Profit during fuch Time as he (hall continue a Mem- ber of this Houfe % Refohed, Scc.That all Offenders herein fliali be expelled the Houfe. ing [ 206] " 1707, 10 Nov. This Houfe being moved, that feveral Claufes in the Aft of the fifth and fixth Years of her Ma- jefty's Reign, intitled, An Aft for the better Security of her Majeftys Perfon and Government, and of the Succe/flon of the Crown of England in the Proteftant Line, relating to the difabling federal Officers to fit in Parliament, might bs read, and the fame was read accord- ingly. Refofoed, That every Perfon, who, by an Act of the firft Seflion of the latl Parliament, intitied, An Aft for the bet- ter Security of her Majefty s Perfon and Government, and of the SucceJJion of the Crewn of England in the Proteftant Line, is di fabled from, and after the Di/olution, or Determination of tbefaid Parliament, to Jit or vote as a Member of the Houfe of Commons in any Parliament to be here- offer bolden, is, by Virtue of the faid Aft incapable of fitting or voting as a Member of the Houfe of Commons in this prefent Parliament. 1 708,7 Dec.Rcfohtd&c.Thzt Antho- ny Hammond^ Efq; being a Commiflioner of the Navy, and employed in the Out- Ports, I *7 1 Ports, is thereby incapable of being elected as a Member of this Houfe. 1643, 4 Nov. Committee ordered to take Account of all public Monies tfliied ; no Member, or other Officer liable to account, to be of the Com- mittee. 1 694, 2 1 Mar. Refohed, That the Speaker of this Houfe is capable of be- ing chofen a Commiffioner for taking and ftating the public Accounts. Refolded, That no Perfon be a Corn- mi ffioner, who hath any Office of Profit, or is accountable to his Majefty. 1695, i Feb. The fame. 1699, 19 Ap. Commiffioners to be feven for taking an Account of the for- feited Eftates in Ireland Ordered, That no Member of this Iloufe be a Commiflioner. 1720, 13 May, A Bill for appointing Commiffioners for ftating the Accounts of the Army. Refolded ', That no Perfon be a Com- miflioner, who hath any Office of Profit, or is accountable to his Majefty. Refohed, That the laid Commiffioners may be Members of this Houfe. Rf- [ 208 ] Refohed, That no Pcrfon who hath been, or i? an Agent, be a CommifTioner in the faid Bill. ORDERS again/I Member i holding S. S. Stock^ or taking Money for tranf- acJing Bufinefs, or accepting of Enter- tajnments. 1645, T DEclaration of the Houfe about taking Money for tranfacling Bufinefs in the Houfe. 1692, 4 Jan. Refo/ved,Thal no Mem- ber of this Houfe do prefume to accept of any Entertainment at any public Houfe, for the carrying of any Matter under the Confederation of the Houfe, upon Pain of incurring the Cenfure of the Houfe. 1694, 18 Mar. Refohed, That who- foever mail difcover any Money, or other Gratuity, given to any Member of this Houfe, for Matters tranfacted in this Houfe, relating to the Orphans Bill, or the Eaji-lndia Company, mail have the Indemnity of the Houieforthe Dif- covery of fuch Gift. 1695, [ 209 ] 1695* 2 Majy Refolded, That the Offer of any Money, or other Advan- tage to any Member of Parliament for promoting of any Matter whatfoever de- pending, or to be tranfaded in Parlia- ment, is a high Crime and Mifdemeanor, and tends to the Subverfion of the Eng- lifh Conftitution. 1720, 12 Jan. Mr. Broderick moved from the Committee to enquire into the Proceedings of the South-Sea Direftors ;" that fuch Perfons as the Committee (hall think proper to be examined, may be examined in the moft folemn Manner. 1720, 19 Jan. Ordered, That the Committee be empowered to examine Sir Robert Chaplin, Sir Theodore Jan/fen, Francis Eyles, and Jacob Sawbridge^ Efqrs. Members of this Houfe, and Di- rectors of the South-Sea Company, in the moft folemn Manner. 1720, 1 8 Feb. Refohtd, Nemine Can- tradicente, That the taking in, or hold- ing of Stock by the Soufh-Sea Company, for the Benefit of any Member of either Houfe of Parliament, or Perfon con- cerned in the Administration (during the Time that the Company's Propofals, or the Bill thereto relating, were depend- ing ing in Parliament) without any valuable Cjnfideration paid, or fufficient Security given, for the Acceptance of, or Pay- ment for fuch Stock j and the Com- pany's paying or allowing fuch Pcrfon the Difference arifing by the advanced Price of the Stock, were corrupt, infa- mous and dangerous Practices, highly reflecting on the Honour and Juftice of Parliaments, and deftructive to the In- tereft of his Majefty's Government. Members not to keep Popijh Recufant Servants. 1623, 25 Feb. Ordered, Hp H A T if any Member of this * Houfe have any Servant that is a Popifh Recufant, or refufeth to go to Church and hear divine Service, he {hall prefently difcharge him ; this to be un- der the Penalty of Sequeftration from the Houfe. Refohed, That no Member of this Houfe be allowed to keep a Recufant Servant, but upon public Notice, and fpecial Allowance of the H^ufe. OR- [ 211 ] OR D E R S for Members to receive the Communion , and teftify their taking the Oaths. 1620, 9 Peb. Ordered, 'T^ H A T every Member of this * Houfe /hall teftify m Writing, that he hath duly taken the Oaths ; and, if smy Exception be againft it, then he to take them again. 1627, 21 Jan. Ordered, Thatallthc Members of the Hoafe newly retnmed, or to be returned this Seffion, fliall re- ceive the Communion before fome of the Parties appointed laft Seffion ; thofe which are already returned, and have fitc in the Houfe, to receive it on Mon- day next ; and thofe which are, or fhall be returned, and have not fate in the Houfe, not to come into the Houfe till they have received the Communion. 1640, 25 Ap. The fame. 1640,9 Nov. Refolded upon the >uef- tion, That the next Lord's Day, called Sunday ', after the firft, {hall bs appointed for receiving the Communion by all the Members of this Houfe at St. Margaret's Wejlminfltr. 1640, [ 212 ] 1640, 26 Nov. The fame Order, 1660, 2june>Refolved,T\\rt no Mem- ber of this Houfe do, after this Day, fit in the Houfe, before he hath taken the Oaths of Allegiance and Supremacy. t 1 66 i, 13 May, Refohedupon the >uef- tion y That the Sacrament of the Lord's Supper /hall, upon Sunday next come feven-night, being the 26th of this In- Itant'A^, in the Forenoon, be admi- mftered at St. Margaret* Church in Weftminfler % according to the Form pre- ioibed in the Liturgy of the Church of England ; and that all the Members of this Houfe fhall then and there receive the faid Sacrament, and that whofoever fhall not then and there receive the faid Sacrament, {hall not after that Day come into the Houfe, until he (hall have re- ceived the faid Sacrament, in the Pre- fence of two or more of the Parties here t cr appointed to that Purpofe, and the fame to be certified, and the Certi- ficate thereof allowed by the Houfe. And for the better Difcovery who ihall then receive the laid Sacrament, and who not, it is further ordered, That Sir Anthony Cope, Sir John Bramjlon, Sir Philip Warwick, Sir John Goodrich, Sir [ 2T3 I Sir -Allen Broderick, and Sir George Rave, mall take efpecial Notice of ail fuch as fliall then and there receive the faid Sacrament ; and that every Mem- ber of this Houfe (hall then bring with him a Note in Writing, containing his Name, and the Shire whereof he is a Knighr, and the City whereof he is a Citizen, and the Bororgh whereof he is a Burgefs, and the Port whereof he is a Baron, which Note he (half in the fame Church, when the fame mail be demanded of him, deliver to the faid Parties before particularly mentioned, fome or one of them ; and the faid Per- fons, fo appointed, are likewife to take particular Notice of every Member of this Houfe, at fuch Time as he receive the faid Sacrament. 1666, 9 Nov. The fame Order. Members not to i)ifit Foreign Miniften. 1643, I Feb. Refolded, &c, THAT this Houfe doth declare, that it is a conltant and antient Rule and Order of this Houfe, that no Member of this Houfe ought to re- ceive, or give any Vifit to any foreign Agent [ "4 ] Agent or Ambaffador, or any other Per- fon that avows himfelf to be a public Agent or Ambaffador, without the Leave and Content of the Houfe. Members not to be removed for Age, Sick- nefs, or Abfence beyond Sea. WHereas Suit is made, that fome Burgeffes, being fick, might be removed, and Writs for others in their Places, this Houfe doth refolve, that they (hall not be removed, notwithlland- ing their Sicknef*. 1641, 1 8 Aug. A Motion was made concerning the fending of a new Writ for the electing of a Burgefs to ferve inftead of Mr. Crcwcker, who is very in- firm, by reafon of great Age, but it would not be granted by the Houfe. ORDERS touching Eleftiom and Returns. 1623, 23 Feb. A Greed a general Warrant to Mr. **- Speaker, to make Warrants for new Writs, in cafe of Death or double Re- turns, 1626, ["5 1 1626, 20 Mar. Ordered^ Warrants to iffue under Mr. Speaker's Hand to the Clerk of the Crown, for Writs for new Elections in the room of the feve- ral Places waved, as aforefaid ; and a general Warrant to Mr. Speaker, with- out further Motion, to make Warrants to the Clerk of the Crown, for new Writs upon Elections of any other doubly 'eturned, or upon any Place to grow void by Death during this Par- liament. 1626, 20 Jan. A general Warrant to Mr. Speaker upon Death*, to make Warrants for new Elections, without Motion, as in other Cafes upon Elec- tions. i66r, 22 Nov. Refofoed, That for the future, when any Writ (hall be de- livered for a new Election of any Mem- ber to ferve in Parliament, the Party that doth receive the Writ {hall deliver, or caufe the fame to be forthwith fent and delivered, to the proper Officer of the Place, for the Election to be made. 1675, 13 Ap. Ordered^ That Mr. Speaker do give Order to the Clerk of the Crown, to take care that the Writs for for Elections of new Members be deli- vered to the Sheriff, or propei Officer*. 1678, 21 0t. Ordered, '.That Mr. Speaker be defired to give Notice to the Clerk of the Crown, to take care, that the Writs for the new Elections be de- livered to the Hands of the Sheriffs of the refpective Counties, and that the Houfe do expect an Account hereof. 1688, 23 Jan. Refohed, That where any Vacancies have already happened, or (hall hereafter happen by Death, or Removal of any Member or double Re- turn, Mr. Speaker do for the future (upon Motion to this Houfe) by his Letter making Application to his Highnefs the Prince of Orange, defiring him to iilue out his Letter directed to the refpeclive Coroner, or Coroners, or chief Magi- flrate (as formerly) for fupplying fuch Vacancies, by electing other Members therein. 1733, u May, Hefolved, That the Right of Election of a Prefes and Clerk is in fuch Perfons as ftand upon the Roll fail made up by the Freeholders at the Michaelmas Head Court, or at the laft Election of a Member to ferve in Par- liament. 1662, L i7 3 1 662, 30 dp. Refolved,Thzt this Houfe doth agree with thefaid Committee, that Notice of all Elections of Members to ierve for Shire-Towns in Wales^ ought to be given to the Out- Corporations and Boroughs in fuch Shire. 1694, 7 Dec. A Complaint being made to the Houfe, that the Writ for electing of a Knight to ferve in this pre- fent Parliament for the County of Car- digan , was not delivered to the Sheriffs; Refohcd, That all Writs for the elec- ting of Members to ferve in Parliament, be immediately fent to the proper Of- ficer for Execution thereof, with all con- venient Speed. 164$, 17 Nov. Refohed, &c. That this Houfe doth declare and order, that all Elections of any Knight, Citizen, or Burgefs to ferve in Parliament, be made without Interruption or Moleftation, by any Commander, Governor, Of- ricer, or Soldier, that hath not in the Country, City, or Borough respectively Right of electing ; and that this Order be fent to Reading at the next Election, and it is further ordered ,that this Order be printed. L 1741, r 1741, 22 Dec. Refofoed, That it ap- pears to this Houfe, that a Body of armed Soldiers, headed by Officers, did, on Friday the 8th Day of May laft, come in a military manner, and take PofTei- fion of the Church-yard of St. Paul's, Covent- Garden, near the Place where the Poll (for the Election of Citizens to ferve in this prefent Parliament for the City of Weftminfler) was taken, before the faid Election was ended. Refolded, That the Prefence of a re- gular Body of armed Soldiers, st an Election of Members to ferve in Parlia- ment, is an high Infringement of the Liberties of the Subject, and manifeft Violation of the Freedom of Elections, and an open Defiance of the Laws and Conftitution of this Kingdom. 1677, 2 Ap. Refofoed, &c. That if any Perfon hereafter to be elected into a Place, for to fit and ferve in the Houfe of Commons for any County, City, Town, Port, or Borough, after the Teft, or the iffuing out of the Writ or Writs of Election, upon the calling or fummoning of any Parliaments here- after ; or after any fuch Place becomes vacant hereafter, in the Time of Par- liament, [ 2, 9 ] liament, (hall by himfelf, or by any other on his Behalf, at his Charge, or at anyPerfon or Perfons, having Voice in any fuch Election, any Meat, Drink, exceeding in the true Value lod. in the whole, in any Place or Places, but in his own Dvvelling-houfe or Habitation, being the ufual Place of his Abode for five Months laft paft, or before fuch Election be made or declared, make any other Prefent, Gift, or Reward, or any Promife, Obligation, or Engage- ment to do the fam, either to any fuch Perfon or Perfons in particular, or to any fuch County, City, Town, Port, or Bo- rough in general, or to and for the Ufe and Benefit of them, or any of them, e- very fuch Entertainment, Prefent, Gift or Promife, Obligation or Engagement, is by this Houfe declared to be Bribery j and fuchEntertainmentjPrefen^Gift.Reward, Promife, Obligation or Engagement be- ing duly proved, is, and mall be a fuf- ficient Ground, Caufe, and Matter, to make every fuch Election void, as to the Perfon ib offending, and to render the Perfon fo elected incapable to fit in Par- liament by fuch Election ; and hereof the Committee of Elections and Privi- leges is appointed to take efpecial No- L 2 tVr [ 220 ] tice and Care, to aft and determine Mat- ters coming before them accordingly. Refohed, &c. That the faid Order againft exceffive drinking at Elections, be a further Inftrudion to the Com- mittee of Elections, and that it be from Time to Time entered amongft the con- ftant and {landing Powers and Inilruc- tions given by the Houfe of Commons to the faid Committee. 1678, 23 May, 1 Continued a -, 21 051. \ (landing Order. 1 700, 1 3 Feb. Refolded, Nemine Con- iradicente, That in cafe it mall appear any Perfon hath procured himfelf to be elected or returned as a Member of this Houfe, or endeavoured fo to be by Bri- bery, or any other corrupt Practices, this Houfe will proceed with the utmoil Severity againft fuch Perfon. Revived every Seffion fince. 1641, 10 Dec. Whereas the Houfe of Commons has received Information ; that Letters from Peers are directed to Boroughs, that are now to make Elec- tions for Members to ferve in this Par- liament, they conceive that all Letters jn that Nature from any Peers of this Realm do ncccflarily tend to the Vio- lation [ 2.1 I lation of the Privilege of Parliament, and the Freedom of Election of Members that ought to f.rve in the Houfe of Commons, and do declare, that, notwithstanding fuch Letters, all Perfons to whom Elections of Knights and Burgefles do belong, ought to pro- ceed to their Elections with that Free- dom, which by the Laws of the Realm, and by Right they ought to do, and do expect that if any fuch Le ters, from any Peers of the Realm, (hall hereafter be fent unto them, the Parties receiving the fame certify the Contents thereof, and bring the Letters themfelves to the Speaker of the Houfe of Commons. Refohed, Thit it fhafl be thus read, That the Knights, Citizens, BurgefTes, and Barons of the Cinque Ports, fhall fend Copies of this Order to the feveral Counties, Cities, Boroughs, and Cinque Ports refpecYively. 1700, 15 Feb. Refohed y Nemine Con- tradicente^ That for any Peer of this Kingdom, or any Lord Lieutenant of any County to concern themfelves in the Election of Members to ferve for the Commons in Parliament, is a high In- L 3 fringe- [ 222 ] frhigement of the Liberties and Privi- leges of the Commons of England. 1708, 22 Nov. Afterwards of Great Britain. Revived every SefTion. 1670, 1 8 Jan. Information being given to the Houfe of an Endeavour to ioreftall a free Election, by illuing out Tapers in the Nature of Warrants, to pre-engage the Country before any Writ iiluing, and feveral of the laid Papers being delivered in at the Table, and be- i:ig upon the Queflion, ordered to be lead, and read accordingly ; Refofoed, &c. That the fending of Warrants, or Letters in the Nature of Warrants, or Letters to High Confta- bles, or other Electors, when a Knight of the Shire, or other Member, is to be chofen to ferve in Parliament, or threat- ning the Electors is unparliamentary, and a Violation of the Righis of Elec- tors. 1690, 30 dp. R>fihed t That Qua- kers having a Freehold, and refuting to take the Oaths, when tendered by the Sheriff, are incapable of giving their Votes for Knights of the Shire, for that Reafon. 1698 1698, 22 Dec.Refolved,NemineCon+ tradicente, That no Alien (not being a Denizen or naturalized) hath any Right to vote in Elections of Members to ferve in Parliament. 1699, 14 Dec. Re/ofoed, Nemine Con- tradicente, That no Peer of this King- dom hath any Right to give his Vote in the Election of any Member to ferve in Parliament. 1703, 9 Nov. 1 Revived, and every 1708, 22 Nov. I Seffion iince. 1699, 21 Dec. Refolded, That it is the Opinion of this Committee, that if any Perfon, having a Right to vote for two Members to ferve in Parliament, mall give a fingle Vote, fuch Perfon hath no Right to come afterwards, and give his fecond Vote during the faid Election. 1660, 20 y#/y, This Houfe doth de- clare it to be a fundamental Order of this Houfe, that the proper Officer, except only in Cafes of Impotency or Sicknefs, ought to amend in the Houfe all Re- turns of Ele&ions, where, upon an Er- ror committed in the Return, the Houfe hall fee Caufe to order an Amend menu L 4 1690, J , 1690, 12 Ap, Refohed, That after a Return is made into the Crown- Office of Members to ferve in Parliament, the fame ihall not be altered by the Sheriffs, or the Clerk of the Crown, or by any other, but by this Houfe. 1668, 30 Mar. Refofoed, That thia Houfe doth declare, that there is no Fee due for Orders or Writs of Elec- tions, upon the Admiffion of Members into* the Houfe. 1688, 23 Jan. The Houfe being in- formed, that it was an ancient Order and Cuftb-m of the Houfe ; that upon new Members coming into the Houfe, they be introduced to the Table between Two Members, and make their Obei- fance as they go up, that they may be the better known to the Houfe. Rtfohed, That - the faid Order and Cuftom be for the future obferved. 1703, 26 Jan. Mr. Freeman (accord- ing to Order) reported from the Com- mittee of the whole Houfe, to whom it was referred, to confider of the Report of the Journals of the Houfe of Lords, touching the Cafe of Afhby and W'citt -, and the Cafe of Bernardijion and Soame, the Refolutions which they had direded him [22 5 3 him to report to the Houfc, which he read in his Place, and afterwards deli- vered in at the Clerk's Table, where the fame were read, and are as follows, (viz.) Firft, Refohed, That it is the Opi- nion of this Committee, that according to the known Laws and Ufage of Par- liament, it is the fole Right of the Com- mons of England in Parliament afiem- bled (except in Cafes otherwife provided for by Aci of Parliament) to examine all Matters relating to the Rights of E- lections of their own Members. Secondly, Refolded, That it is the Opi-. nioti of this Committee, that according to the known Laws and Ufage of Par- liament, neither the Qualification of any Eledtor, or the Right of any Perfoa elected, is cognizable or determinable elfewhere than before the Houfe of Commons of England in Parliament af- fembled, except in fuch Cafes as are efpecially provided for by Al of Par- liament. Thirdly , Refohcd, That it is the Opi- nion ofthisCommittee, that the examin- ing and determining the Qualm... or Right;of ?.ny Elector, oratiy Pe L ; [ 226 ] ele&ed to ferve in Parliament in any Court of Law, or eJfewhere, than be- fore the Commons of England in Par- liament aflembled (except in fuch Cafe^ as are efpecially provided for by Act of Parliament) will expofe all Mayors, Bai- liffs, and other Officers, who are obliged to take the Poll, and make a Return thereupon, to Multiplicity of Actions, Vexations, Suits, and infupportable Ex- pences, as will fubjecl: them to different and independent Jurifdictions, and in- confiflent Determinations in the fame Cafe without Relief. Fourthly, Rtjohed, That it is the Opinion of this Committee, that Mat- tbew dfoby having, in Contempt of the Jurifdiction of this Houfe, commenced and profecuted an Action at common Law againft William White and others, the Conftables of Aylesbury, for not re- ceiving his Vote at an Eleclicu of Bur- geffcs to ferve in Parliament for the laid Borough of Aylesbury, is guilty of a Breach of the Privilege of this Houfe. Fifthly, Refohed, That it is the Opi- nion of this Committee, that wholbever fhali prefume to commence or profecute Adion, Indidment, or Information, - which which (hall bring the Right of the Elec- tors, or Perfons elected to ferve in Par- liament, to the Determination of any other Jurifdidion than that of the Houfe of Commons (except in Cafes efpecially provided for by Act of Parliament) fuch Perfon or Perfons, and all Attornies, Sol- litors, Counfellors, and Serjeants at Law, folliciting, profecuting, or pleading in any fuch Cafe, are guilty of a high Breach of the Privilege of this Houfe. The faid Refolutions being feverally read a fecond Time, were, upon the Queftion feverally put thereupon, agreed unto by the Houfe. Ordered, That the faid Refolutions be fixed upon Weft mi fitter -Hatt Gate, figned by the Clerk. 1707, iKFeb. Refohed, Fir/I, That all Matters that mail come in Queftion touching Returns or Elections, mall be heard at the Bar of the Houfe. 1708, 22 Nov. Revived. Refohed, Secondly, That all Questions at the Trial of Elections, if any Mem- ber iniift upon it, be determined by Ballot. 1708, 22 Nov. Vacated. 1. 6 Re~ [ 228 ] Refofaed, Thirdly That all Petitions upon every new Parliament, relating to Elections and Returns, be delivered to the Clerk of the Houfe, and be by him laid upon the Table before the Speaker be chofen. 1708, 22 Nov. Revived. Ordered, That the faid Refolutionf be ftanding Orders of the Houfe. Mr. Speaker to fend the faid Refolu- tions to the Sheriffs of the fevcral Coun- ties of Great Britain^ to be by them communicated to the chief Officers of the feveral Cities, Corporations and Bo- roughs fending Members to. Parliament in their refpeclive County. 1640, 6 Nov. This Committee is ap- pointed to examine and confider all Queftions to grow and arife this Parlia- ment, about Elections and Returns, and other Privileges of the Houfe, and to report their Opinions and Proceedings therein to the Houfe ; and have Power to fend for Records, Witneifes, and Par- ties, and to hear Council ; and are for thisPurpofe to meet this Afternoon, and after wards, every Saturday, Tuefday and 'Iburfday in the Star-Chamber after Din- ner. Or- [ 22 9 ] Ordered, That thofe Petitions this Day delivered into the Houfe, concern- ing Elections, mall^be bundled up, and delivered to the Committee of Privileges, and they to conlider which of them to fall in hand firft. 1657, ! Feb. Refolved, That the Com- itnittee of Privileges do examine and de- termine Elections upon double Returns, or more, in the firft Place, and report the fame to the Houfe with all the Speed that may be. 1 660, 26 Ap. Refohed, &c. That the Committee have Power to examine and coniider all Queftions, which lhall grow and arife this Parliament about Elections and Returns, and other Privileges, and to acquaint the Houfe with their Pro- ceedings from Time to Time ; and all the double Returns to be firft taken in- to Confederation, and reported to the Houfe j and they are to meet in the Ex- chequer- Chamber this Afternoon at two o'Ciock, and every Tuefday, Thurfday and Saturday in the Afternoon, with Power to fend for Perfons, Papers, Wri- tings and Records, and what elfe may conduce to the Bufmefs, 1661, r 1 66 r, ii May, Refohed, That this Committee do meet this Afternoon at two of the Clock, in the Exchequer- Chamber t and every Tuefday> Thurfday and Saturday at two of the Clock in the Afternoon, in the Place before-men- tioned, and do take into. Confederation all fuch Matters as mall or may come in Queflion touching Returns, Elections and Privileges, and to proceed upon double Returns in the firft Place, and to report their Proceedings to the Houfe. And all Perfons that will queflion double Returns already made, are to do it in fourteen Days next, and fo in four- teen Days after any new Return, fhall be brought in, and the Committee is to have Power to receive Petitions, and to fend for Witnefles, Papers, and Records, for their Information, and to make Re- port of any Matter which fhall concern Breach of Privilege ; and all Members that are returned for two or more Place?, are to make their Elections by this Day three Weeks, for which Place they will ferve, provided there be no Queftion upon the Return for that Place; and if any thing {hall come in Queftion touching the Return, or Matter of Pri- vilege vilege of any Member of this Commit- tee, fuch Member is to withdraw from the Committee during the Time the Matter which concerns himfelf, is in Debate. This Order revived every Seffion* 1626, 20 Jan. It is upon the Quef^ tion ordered, that all which ore doubly returned mall make their Election for which Place they will krve, upon, or before this Day feven- night. 1627, 28 Mar. Every one that is doubly returned to make his Election now, in the Houfe, or elfe the Houfe to make Election for him. 1640, 6 Nov. Upon Debate of grant- ing Time to thofe thit are doubly re- turned, for making their Choice, &c. Whether the Qoeftion (liould be firft made for Monday next, or for longer Time. Rrfohed upm the %u?ftion, That the Queftion for Mmday mould b3 firft made. 164?, 10 Nov. Moved, That fuch whofe Elections are queftioned, and are doubly returned, (hall be exempted from making their Choice, for which Place they f 232 J they will fervc, till their Elections be determined. 1640, 16 dp. CWm^That they that are by more Indentures than ufual re- turned, lhall withdraw themfelves from fitting in the Houfe, till the Committee for Privileges have further ordered it, and the Committee be defired to expe- dite their Bufmefs. 1660, 26 Ap. Refolded, &c. That all Members upon double Returns do for- bear to fit, till the Point of double Re- turns be determined, unlefs they be re- turned in feveral Indentures j and fuch who are returned in the feveral Inden- tures, may fit. 1 66 1, ii May, 1 The fame every 1678, i Mar. j Seffion. 1681, 22 May, Ordered, That all Members returned upon double Returns do withdraw, till their Returns be de- termined. Ordered^ That the Houfe do proceed upon double Returns, in the firft Place, before any other controverted Elections. Ordered, That all Members who are returned for two or more Places (except fuch Members as are beyond Sea) do make [ 2 33 ] make their Elections in feven Days next after, for which of the Places they will lerve ; provided there be no Queftion upon the Return for fuch Places. 1708, 22 Nov. Revived. 1657, i Feb. Refolded, That in all Cafes of double Returns, or more for one and the fame Place, none that are fo returned, unlefs they be named in both, or all the Returns, do fit, until the Hoi?fe have firft determined touch- ing the faid Returns or Electrons. 1660, 26 May, Ordered, That the Members of this Houfe, who are dou- bly elected, and neither of their Elec- tions queftioned, do make their Elec- tions by ^Iburfday next, or in Default thereof the Houfe to elect them. 1695, 7 Dec. Declared, That in cafe of doub'e Returns, any Party fo returned may (within fourteen Days after the Mat- ter touching the Return be determined} petition as to the Merits of Election. 1 66 1, 31 May, Ordered, That fuch Perfons as have exhibited Petitions to the Committee of Privileges and Elections, without fubfcribing their Names thereto, have Leave to fubfcribe their Names to the faid Petitions, and that the Com- mittee r 234 1 mittce do accept thereof, though the Time limited for exhibiting Petitions be elapfvrd. I79> 16 Nov. Ordered, That it be an Induction to the Committee, that they do examine whether the Petition to them referred be the fame, and figned by the fame Parties, as thofe pre- fented the laft Seffion of Parliament. . l62 3i 25 Feb. Ordered upon the %uef- tion, That all Petitions about Elections and Returns mall be prefented to the Committee of Privileges within fa Fort- night from this Day, or elfe to be fi- lenced for this Seffion. ^ 1625, 15 Feb. All Petitions touching Elections to be preferred within four- teen Days after the Return. 1625, 1% Feb. All Petitions concern- ing Elections pail to be delivered in be- fore Ihurfda; Fortnight, and for other Elections to be made hereafter, a Fort- nig r.t after their Re, urn. 1626, 20 y,m. It is this Day or- dered upon the Qufftion, That all fuch as will quell ion any Election already re- turned, mall do the fame by Petition, to- be delivered to the Committee of Privi- vileges within fourteen Days next fol- lowing, [ 235 ] lowing, and for thofe Elections here- after to be returned, within fourteen Days after the Return thereof. 104.0, 16 Nov. I D . , , A. \ Revived, 1600, 26 Ap. j 1708, 27 Nov. Ordered, That all Peribns that will qiuftion any Election to be made upon new Writs do prefent their Petitions within fourteen Days af- ter the Return mall he delivered to the Clerk of the Crown. 1654, -$Sept. Refihed, That no Pe- tition againft an Election of fuch Mem- bers as are already returned for England or Scotland^ ihali bs received by the Committees of Privileges after three Weeks from this Day. 1703, 9 Mar. Ordered, That fuch Peribns as lhall think fit- to renew their Petitions, complaining of undue Elec- tions of Members to ferve in this pre- fent Parliament, do prefent the lame to the Ploufe the next Seffion of Parlia- ment, according to a: tient Cuftom. 1678, 19 Mar. The Houfe taking Notice of feveral Complaints in the Pe- titions this Day read, of diverfe Mifde- meanors, and undue Practices of She- rifts, Mayors, Bailiffs, and other Of- ficers, ficers, in the Elections and Returns of Members to ferve in Parliament. Ordered, That it be an Instruction ta the Committee of Privileges and Elec- tions^ that they do examine, and make' a fpecial Report of all Mifcarriages and undue Practices in Sheriffs, Mayors, Bai- liffs, or other Officers, concerned in the returning of Members elected to ferve in Parliament, as likewife of all undue Pradices, Letters, Promifes, Threats, or Oppreffions in any Elections. ^ 1679, 17 May, Ordered, That the Chairman of the Committee of Privi- leges and Elections do make a fpecial Report of the Mifcarriages of Sheriffs, and other Officers concerned in the Re- turn of Members to ferve in Parlia- ment, as well in the Elections that have been already examined by the faid Com- mittee, as thofe that mall hereafter come before them, 1685, 2 June, Refohed, That no Mayor, can duly return himfelf a Bur- gefs to ferve in Parliament for the fame Borough of which he is Mayor at the Time of the Election. Refohed, That no Mayor, Bailiff, or other Officer, to whom the Precept ought f *37 1 ought to be directed, is capable of be- ing elected to ferve in Parliament for the fame Borough of which he is Mayor, Bailiff, or Officer, at the Time of the Election. 1713, 9 Mar. Mr. Freeman^ accord- ing to Order, reported from the Com- mittee, who were to confider of the Act of the ninth Year of her Majefty's Reign, intitled, An Act for ft cur ing the Freedom of Parliament by the further qualifying the Members to /it in the Houfe of Commons, the Refolutions they had directed him to report to the Houfe, which he read in his Place, and after- wards delivered in at the Clerk's Table, where they were read, and are as fol- lows, viz. Rtfohed, Firft, That it is the Opi- nion of this Committee, that notwith- ftanding the Oath taken by any Candi- date at, or after any Election, his Qua- lification may be afterwards examined into. Rcfohed, Secondly^ That it is the Opi- nion of this Committee, that the Per- ibn whole Qualification is exprefsly ob- jeclied to in any Petition relating to his Election, {hall, within fifteen Days after the [ 238 ] the Petition is read, give to the Cleik of theHoufe of Commons a Paper figneu by himfelf, containing a Rental, or Par- ticular of the Lands, Tenements, cr He- reditament?, whereby he makes out his Qualification, of which any Perfon con- cerned may have a Copy. Refcfaed, Thirdly, That it is the Opi- nion of this Committee, that if a fitting Member fhall think fit to queflion the Qualification of a Petitioner, he (hall, \\ithin fifteen Days after' the Petition is read, leave Notice thereof in Writing with the Clerk of the Houfe of Com- mons; r.nd the Petitioner mail in luch Cafe, within fifteen Days aiter inch No- tice, leave with the laid Clerk of the Houfe the like Account in Writing of his Qualification, as is required Jrom a fitting Member. The faid Refolutions being feveraily read a fccond Time, were, upon the Queftions feveraily put thereupon, a- greed unto by the Houfe. '7'4, *s*r. | : : di 1716, 21 Feb. J> c 2717, 21 A>J. J 1734, 6 Feb. Refolded, That on tie Petition of any PJeclcr or Elcclrrsicr any [ 239 ] any County, City, or Place, fending Members to Parliament, complaining of an undue Election and Return, and al- ledging that fome other Perfon was duly elected, and ought to have been returned, the fitting Member fo com- plained of may demand and examine into the Qualification of fuch Perfon fo alledged to be duly elefted, in the fame Manner as if fuch Perfon had himfelf petitioned. Ordered, That the faid Refolution be declared to be a (landing Order of the Houfe. 1735, i6Jan. Refohed, That in all Cafes of controverted Elections forCoun- ties in England and Wales^ to be heard at the Bar of this Houfe, or before the Committee of Privileges and Elections, the Petitioners do by themfelves, or by their Agents, within a convenient Time to be appointed, either by the Houfe, or the Committee of Privileges and Elections, as the Matter to be heard {hall be before the Houfe, or the faid Committee, deliver to the fitting Mem- bers, or their Agents, Lids of the Per- fons intended by the Petitioner to be objected to, who voted for the fitting Member?, [ 240 ] Members, giving in the faid Lifts the feveral Heads of Objections, and diftin- guifliing the fame againft the Names of the Voters excepted to j and that the fitting Members do by themielves, or by their Agents, within the fame time, deliver the like Lifts, on their Part, to the Petitioner's Agents. Revived an- nually. 1688, 28 Jan. Ordered, That the Chairman of the Committee of Elections and Privileges, be impowered to receive Petitions concerning Elections of Mem- bers to fcrve in this prefent Convention, and that the Petitions be numbered, as they come in, and heard in Courfe, as the iame mall be brought in to the Com- mittee. 1693, 12 Jin. Ordered and Declared, That the Hearings upon Petitions con- cerning the Elections before the Com- mittee of Elections and Privileges be heard in Priority and Courfe, as they are let down, and appointed to be heard by the faid Committee. 1698, 24 Jan. Ordered, That the Committee of Privileges and Elections be impowered from Time to Time to alter alter (in courfe) the Days of hearing the laid Caufes, as they fhali happen to be poftponed. 1727, 1 8 Mar. Refofoed, that in all Cafes on double Returns, where the fame /hall be controverted, either at the Bar of the Houle, or in Committees of Pri- vileges and Elections, the Council for fuch Perfon, who ihall be fir ft- named in fuch double Return, or whole dou- ble Return mall be immediately an- nexed to the Writ or Precept, ihall pro- ceed in the firft Place. Ordered ami Declare^ That the faid Order be a {landing Order of the Houfe. 1695, 25 Nov. Ordered^ That it be an Inftruftion to the faid Committee, that they do admit but two Council ot a Side, to be heard in any Caufe before them. 3696, 12 Otf. 1 1698, 12 Dec. 5 Revived. 1699, 16 Nov. J 1708, 22. Nov. Afterwards added, upon the Matter of controverted Elec- tions. 170?, 27 Nw. Ordered, That die Council retained to be heard at the Bar in Caufes upon controverted Elections, M be be called in at Eleven o'Clock thofe Mornings that are appointed for fuch Hearings. 1710, 10 Jan. Refolved, That the Petitioner be admitted to give parole Evidence of the Mortgage of a Mort- gagee in PoffefTion of Lands, for which the Mortgagee voted againft the Peti- titioner, without producing the Mort- gage Deed. 1735, 26 Feb. Refofoed, That the Council for the Petitioners be admitted to give parole Evidence, as to Perfons being no Freeholders at the Time of the Election, who fvvore themfelves then to be Freeholders. 1695, 1 6 Jan. Refohed, That the Houfe doth agree with the Committee in the faid Refolution, that Evidence ought not to be admitted to difqualify an Elector as no Freeholder, who at the Election fwore himfelf to be a Free- holder. L Surry and Hertford Elections. 1623, 5 Mar. Upon the Queflion, all Affidavits lo taken in any Court con- cerning Elections, Returns, or any thing depending thereupon to be rejected, and not ufed hereafter. 1710, [ 243 ] 1710, 10 y*7. Rffohed, That the Decree of a Baron-Court ' t be admitted to be read as Evidence, to prove the fit- ting Member's Pofleffion of thofe Lands for which he voted at the Election for the Shire ofKinroft, though it was not produced, when the Objection was.made to his PofTeffion. 1735, 16 Jan. Ordered, That 'the Council at the Bar of this Houfe, or be- fore the Committee of Privilege? and Elections, be retrained from offering Evidence touching the Legality of Votes for Members to ferve in Parliament for any County, Shire, City, Borough, Cinque Port or Place, contrary to the laft De- termination of the Houfe of Commons, which Determination, by an Act paffed in the fecond Year of his prefent Ma- jefty's Reign, intitled, An Att for the more effectual preventing Bribery and Corruption in the Ekflion of Member s to ferve in Parliament, is made fnal to all Intents and Purpofes ivhatfoever^ any Ufage to the contrary notivit branding. Ordered, That the laid Order be a (landing Order of the Houfe, M 2 1693, [ 244 ] 1693, 12 Feb. Evidence admitted to unqualify Freeh oldtrs, who had fworn themfelves fuch at Cambridge-County Election. 1735, 2 Mar. Refofoed, That the Council for the Petitioners be admitted to give Evidence to what a Voter con- feffed of his having no Freehold, who at the Time of the Ekclion fwore he had. 1700, 21 Feb. Refofoed, That if it {hall appear that any Perfon hath tam- pered with any Witnefs, in refpect of their Evidence to be given to this Houfe, or any Committee thereof, or directly or indirectly endeavoured to deter or hinder any Perfon from appearing, or giving Evidence, the fame is declared to be a high Crime and Mifdemeanor, and this Houfe will proceed with the utmoft Severity againfl fuch Offenders. Refofaed, That if it (hall appearthat any Perfon hath given falfe Evidence in any Caufe before this Houfe, or any Committee thereof, this Houfe will pro- ceed with the utmoft Severity againfl fuch Offenders. Thefe [245] Thefe Orders revived every Seffion. 1700, 13 Feb. Refolved } NemineCon- tradicente, That where the Houfe {hall judge any Petition touching the Elec- tions to be frivolous and vexatiou% the Houfe will order Satisfaction to be made to the Pcrfon petitioned againft. Re- vived annually. 170;, 19 Jan. The Committee of Elections ha 'ing proceeded on that for RotibiT*Xtjjih t and no- bein; able to go t' rough ihe fa .ne, and the Houfe ha- ving ordered that for Rofs to be heard to-morrow, defines the Direction of the Houfe how the Committee mould proceed. . Ordered, That the Committee do pro- ceed in, and go through the Caufe touching the Election for the Shire of Roxborougb before they enter upon any Caufe. M * OR- [2 4 6 ] ORDERS for ballotting on contro- verted Ekftions. 1707, 21 Feb. R. JSc?;z/0tf reported from the Com- mittee, appointed to confider of proper Methods for the more fpecdy and cafy tying ajid determining of contro- verted Elections, and to whom it was referred, to confider of a proper Me- thod for ballotting, Gfc. fcvcral Rcfo- lutions, viz, Refohed, That it is the Opinion of this Committee, that a Ballotting-Box and Balls be prepared. Refohed, That it is the Opinion of this Committee, that two Clerks attend the balloti-ing, one to deliver the Balls to the. Member, and the other to carry the Box. Refoked, That it is the Opinion of this Committee, that Inch Member prepare his Hand bare and open, to re- ceive the Ball j and that he hold it up between his Fingers, before he puts his Hand into the Box ; and that the Box be immediately brought to the Table, and [ and the Votes counted there by the Clerk, in the Prefence of the faid Mem- bers. Refofoed, That it is the Opinion of this Committee, that ail Members fit in their Places, till the Votes are given, and the Affirmative, or Negative, de- clared by the Speaker. The faid Rcfchitibns being feveraliy read a fecond Time, were, upon the Queftion feveraliy pat thereupon, agreed unro by the Houfe. Order -ed, That the faid Refolutions be (tending Orders of the Houfe. 1708, 22 Nov. Vacated, per Order. ORDERS relating to Preachers. 1699, 31 Jan. Refohed, HAT for the future, no Perform be recommended to preach before this Houfe, who is under the Dignity of a Dean in the Church, or hath not taken his Degree of a Doctor of Divi- nity. 1 742,^4 June,The Houfe was moved, that the Refolution of the Houfe, of the 3iftof January y 1699. That for the future no Perfon be recommended to M 4 preach, 1 248 ] preacli, &c. might be read, and the lame being read accordingly, Re/ohedy Newine Contradicente, That for the future, no Parfon (except the Chaplain of this Houfe) be recom- mended to preach before this Houfe, who is under the Dignity of a Dean in the Church, or hath not taken his De- gree of D.odlor of Divinity. Ordered, That the Chaplain to this Houfe, do preach before this Houfe, at St. Margaret's, Wtllminfter, upon Pri- . .- .he i ith of this Jnftant 'fune, being the Anniverfary of his MuieHy's happy Acceffion to the r i hrone. A Conference of the Lords and Commons upon a Libel. 1750, 22 Jan. A MeiTage from the Lords by Mr. **> Allen, and the Clerk of the Par- liaments, that the Lords do defire a pre- fcnt Conference with this Houfe in the painted Chamber, touching a Matter highly concerning the Honour of his Majefty, and his Government. Rcfohcd [ 249 I Refolded, That this Houfe doth agree to meet the Lords at a prefent Confe- rence, as their Lordfhips do define. Ordered, That a Committee be ap- pointed to manage the fa id Confe- rence j And a Committee was appointed ac- cordingly, and the Names of the Ma- nagers were called over, and they went to the Committee : And being returned, The Matter of the Rolls reported the Conference ; and that it was to acquaint this Houfe, that the Lords having taken into Confideration a certain printed Pa- per, intitled, Conflitutional Que ries, ear- ne/ily recommended to the ferious Confede- ration of every true Briton, had come to the following Refolutions, viz. Refofaed, By Lords Spiritual and Tem- poral in Parliament afiembted, that the faid printed Paper, intitled, Conftitutional Queries., carnefth recom- mended to the furious Confideration of every t^ue Briton, is a falfe, malic; fcandalous, infamous, and feditious Li- bel, containing the moll fallej audacious, and abominable Calumnies and Ind-g- nitits upoa his Majefty, and the moil M 5 Pie- [ 250 ] prefumptuous and wicked Information?, that our Laws, Liberties and Properties, and the excellent Conftitution of this Kingdom, are in danger under his Ma- jefty's legal, mild and gracious Govern- ment, with Intent to inftil groundlefsSuf- picions and Jealoufies, into the Minds of his Majefty's good Subjects, and to alie- nate their AfTeclions from his Majeily and his Royal Family. Refblved, By the Lords Spiritual and Temporal - in Parliament af- fembled, that in Abhorrence and De- teftation of fuch abominable and fedi- tious Practices, the faid printed Paper be burnt by the Hands of the common Hangman, in the New Palace- 1 ^ ard y Wiftminfter^ on Friday the 25th of this Inftant Januar\\ at one of the Clock in the Afternoon ; and that the Sheriffof MMltffH do attend at the fame Time a, id Place, and caufe the fame to be burnt there accordingly. To which Resolutions their Lord- fhips defire the Concurrence of this Houfe; and that the Conference alfo was to communicate to this Houfe the faid printed Paper. And the faid Report being read -, * And And the faid printed Paper being alfo read -, and the firft of the faid Refo- lutions being read a fecond Time. Refoh.ed, Nemine Contradicente> That this Houfe doth agree with the Lords in the faid Refolation. And the Blank was filled up with the Words, and Commons. The fecond of the faid Refolutions, being read a fecond Time. Refohed, Nemine Cor.tr adicente^ That this Houfe doth agree with the Lords in the faid Refolution. And the Blank was filled up with the Words, and Commons. Re/olved, Nemine Contradlcente^ That an humble Addrefs be prefented to his Majefty, to delire his Majefty will be graciouily pleafed to give immediate- Orders, that the moft erfedual Means be taken for ciifcovering the Author, Printer, and Publiihers of a falfe, ma- licious, wicked and feditious Libel., in- titled, Conftitutional Qiseries, earnejih recommended to tic furious Con fid era? ton of every trite Briton, &c. and for bring- ing the faid Author, Printer, and Pub- Hihers to condign Punifnmcnt. M 6 Crl [ 25* ] Ordered,' That the faid "Addrefs be prefented to his Majefty by fuch Mem- bers of this Houfe as are of his Majefty V mofl Honourable Privy Council. Refohed, That a Conference be de- fired with the Lords upon the Subject- Matter of the laft Conference. Ordered^ That the Marquis of Har~ tington do go to the Lords, and defire. the faid Conference. The Marquis of Harrington reported, that he having (according to Order) been at the Lords to defire a Conference upon the Subject-Matte r of the laft Conference, the Lords do auree to a Conference, and appoint the fame pre- fently in the Painted Chamber. Ordered, That the Committee, who managed the laft Conference, do ma- jiage this Conference. ^Ordered, That the Printed Paper, communicated by the Lords to this Houfe, be delivered to the Lords at the Conference, together with the Refolu- tions, to which the Lords deiired the currence of this Houfe ; and that their Lordlhips be acquainted that this I loufe hath agreed to the laid Reib- lutibfls. * Then [ 253 1 . Then the Names of the Managers were called over, and they went to the Conference j And being returned, The Majler of the Rolls reported, that the Managers had been at the Confe- rence with the Lords, and left with their Lordfhips the Printed Paper com- municated by the Lords to this Houfe, and had acquainted their Lordmips that this Houfe had agreed to the Refolutions, to which their Lordmips had defired the Concurrence of this Houfe, and had left the Refolutions with the Lords. 1750, 23 Jan. Mr. Comptroller re- ported to the Houfe, that their Addrefs of yefterday, to deilre his Majcfty will be gracioufly pleafed to give immediate Orders, that the moil: effectual Means be taken for difcovering the Author, Printers, and Publishers of a falfe, mali- cious, wicked and feditious Libel, in- titled, Conftitutional Queries, earneftly recommended to the ferioiis Confederation of every true Briton, 6cc. and for bring- ing the faid Author, Printers, and Pub- liihers to condign Punimment, had been prefented to his Majefty ; and that his Majefty had commanded him to acquaint this Houfe that he will give Directions ac- cordingly. Proceedings on tbe Eletfionofa Member for the City of Wcftminfler. 1749, 22 Jan. "^jOtice being taken, that no Return *-^ had yet been made of the Writ for the electing of a Citizen to ferve in this prefent Parliament, for the City of Wef- min/ler, in the Room of the- Right Ho- nourable Granville Levefon Cower, Efq;. commonly called, Lord Vifcount *Irent- ham, (who, fince his Election for the faid City, had accepted the Office of one of the Commiffioners for executing the Office of Lord High Admiral of Great Britain) although the faid Writ was ordered upon the 1 6th Day of November laft, to be made out. The Order made upon the i6th Day of November laft, for Mr. Speaker to ifTue his Warrant to the Clerk of the Crown for making out the faid Writ, v , -ad. Ordered, [ 255] Ordered, That the Clerk of the Crown do attend this Houfe to-morrow Morning to give an Account of the * ifluing of the faid Writ. Ordered, That Mr. John Crawford, PurnVant or MdTenger extraordinary attending the Great Seal, do attend this Houfe to-morrow Morning, to give an, Account of the fending of the faid Writ to the Sheriff of the County of Middlefex. Ordered, That the Under-SherirT of the County of Middlefex do attend this Houfe to-morrow Morning, to give an Account of the ifTuing of a Precept to the High Bailiff of the City of fctg. minfter, in Purfuance of the faid Writ. Ordered, That the High Bailiff of the City of Weftminfter do attend this Houfe to-morrow Morning, to give an Ac- count of the Execution of the faid Precept. 1749, 23 Feb. The Deputy-Clerk of the Crown (attending according to Or- der) gave the Houfe an Account of the ifluing of the Writ for the electing of a Citizen to ferve in this prefent Parlia- ment, for the City of Weftminfter* in the Room of the Right Honourable Gran- Granville Levifon Cower, Efq; com- monly called Lord Vifcount Trent bam, (who, fmce his Eledion for the faid City, had accepted the Office of one of the CommuTioners for executing the Office of Lord High Admiral of Great Britain) which Writ was direded upon the 1 6th Day of November laft, to be made out. Mr. John Crawford, Purfivant, or MefTenger extraordinary attending the Great Seal, attending, according to Or- der, was called in, and at the Bar ex- amined, touching the fending of the faid Writ to the Sheriff of Middle j ex t And then he withdrew. The Under-SherifF of the County of Middlefex attending, according to Order, he was called in, and at the Bar exa- mined, touching the hTuing of a Precept in Purfuance of the faid Writ, And then he withdrew. The High Bailiff of the City of Weft- minjler attending, according to Order, was called, and being examined at the Bar, acquainted the Houfe, that he is now in the Execution of the faid Pre- cept, that he had all along endeavoured to avoid all unnecefTary Dvlay therein j and [257] and that, if fome Delay has happened in the Scrutiny of the Poll (taken at the Election) which he is now proceeding upon, it has been fuch only, as he did not think he had fufficient Power to prevent or remove, And then he withdrew. He was again called'in, And Mr. Speaker (by Direction of the Houfe) recommended fome Parti- culars of his Duty to him, and acquainted him, that if he met with any thing to obftrucT: him therein, which he could not pi event, he mould apply to the Houfe upon it, and might be aflured of the Support of the Houfe in the Dif- charge of his Duty ; and that the Houfe expected he would take care in general to expedite the Election as much as potTible. Upon which he exprefied his great Readinefs to conform himTelf to the Direction of the Houfe, and faid, that he would ufe his beft Endeavours to ex- pedite the Election, and hoped to per- form his Duty in general, to the Satif- faction of the Houfe ; And then he withdrew. [2 5 8] 1750, 20 Jan. A Petition of the feveral Burgeffes and Inhabitants of the City and Liberty of Weftminjler> whofe Names are thereunto fubfcribed, on Be- half of themfelves, and ieveral other Burgeffes and Inhabitants of the faid City and Liberty, was prefented to the Houfe, and read, complaining of an undue Election and Return for the faid City of Weftminjler. Ordered, That the Matter of the faid Petition be heard at the Bar of this Houfe upon to-morrow feven-might, the th Day of February next. A Petition of Sir George Vandeput, Baronet, was alfo prefented to the Houte and read, complaining of an undue Election and Return for the City of Weftminjitr. Ordered, That the Matter of this Petition be heard at the Bar of this Houfe, at the fame Time that the Mat- ter of the Petition of the feveral Bur- geffes and Inhabitants of the City and Liberty viWejlminfter> whofe Names are thereunto fubfcribed on Behalf of themfelves, and feveral other Burgeffes and Inhabitants of the faid City and Li- berty, is appointed to be heard. The [ 2 59 ] The Houfe tves moved, That the Jour- nal of the Houfe of the 22d and 2jd of February laft, containing the Entry of the Proceedings of the Houfe in rela- tion to the Execution of the Writ which was ordered to be hTued upon the i6th Day of November 1749, for the elect- ing of a Citizen to ferve in this prefent Parliament for the City of Weftminjler^ in the Room of the Right Honourable Granville Levefon Gower> Efq; {com- monly called Lord Vifcount Irentbam^ might be read ; And the fame being read accordingly. Ordered, That Peter Leigh, Efq; High Bailiff of the City tfWefitninfter> do attend this Houfc immediately, in order to give the Houfc an Account of what he did in Purfuance of the Direc- tions given to him by this Houfe upon the 23d Day of February \z&., in rela- tion to the Execution of the Precept, iilued to him in Purfuance of the faid Writ. Peter Leigh, Efq; High Bailiff of the City of Weftminfter, attending (ac cording to Order) was called in, and examined in relation to what he did in PuiTuance of the faid Directions, And And having, in the Courfe of his Examination, alledged, that the faid Eledion was protracted by an affected Delay, - He was directed to withdraw. . Refohed, That the High Bailiff of the City of Wtflminfier be "again called in, and afked, by whom it was, that the faid Eledion was protracted, and by what Means. The High Bailiff of the City of Weft- minfttr was again called in, and being afked, by whom it was, that the faid Eledion was protracted, and by what Means. He named Mr. Oroide. And having, in the Courfe of his fur- ther Examination, complained of ill Treatment offered to him by feveral Perfons upon Account of his Behaviour in relation to the faid Election and Re- turn. He was again directed to withdraw. He was again called in, and being re- quired to name the Perfons from whom he received the ill Treatment of which he had complained. 8& He named Mr. Alexander Murray ^ and Mr. ^ Gibfon. And [261 ] And then he again withdrew; Ordered, That Richard Croivle, Efqj do attend this Houfe upon Ihurfday Morning next, Ordered, That the Honourable Alex- ander Murray ', Efq; do attend this Houfe upon Thursday Morning next. Ordered, That Gibfon, Uphol- der in Cogent-Garden, do attend this Houfe upon Thurfday Morning next. Ordered, That the High Bailiff of the City of Weflminfler do attend this Houfe upon Tburfday Morning next, to make good his Charge againit the faid feveral Perfons by him named in the Com- plaint, which he has this Day made to the Houfe, in regard to the Obftruclion he met with in the Execution of his Office. 1750, 31 Jan. The feveral Orders of the Day for the Attendance of Ri- chard Croivle, Efqt the Honourable Alexander Murray, Efq ; Gibfon, Upholder in Cove nt -Gar den, and the High Bailiff of the City QiWeJlminJler, being read, The High Bailiff of the City of Wefi- minfter was called in, and acquainted that he might now proceed to make good [ 262 ] good his Charge againft the feveral Per- fons by him named to the Houfe upon Monday laft. And Richard Crowle, Efq; one of the faid Perfons was called in. And the High Bailiff proceeded to ilate his Charge againft the faid Mr. Crowle. And Mr. Crowle was heard to the faid Charge. And the High Bailiff having been heard to what had been alledged by Mr. Crcwk, they were both directed to with- draw. Refohed, That the High Bailiff of the City of Weftminfter be again called in, and directed to produce his Evidence upon his Charge againft Richard Croiv/e, Efq; The High Bailiff and Mr. Crotvte were again called in. And the High Bailiff examined feve- ral Witneffes in Support of the faid Charge. And Mr. Crowle was heard, and exa- mined a Witnefs in Anfwer to the faid Charge. And the High Bailiff was heard by way of Reply j And And then they were directed to with- draw. Refohed, That it appears to this Houfe, that Richard Croivle, Efq; du- ring the late Scrutiny of the Poll for the City of Weftminfter, after he had full Notice of the Orders of this Houfe given to the High Bailiff of the faid City to expedite the faid Scrutiny, did wilfully and defignedly protract the fame ; and when he was reminded of the faid Orders by the High Bailiff, did publickly avow and declare he had done fo, and did utter difrefpectful Words in Contempt of the Authority of this Houfe, Ordered, That the faid Mr. Crowle be now brought to the Bar of this Houfe, and be upon his Knees reprimanded by Mr. Speaker for his faid Offence. He was brought in accordingly, and upon his Knees reprimanded by Mr. Speaker, and difcharged, paying his Fees. Ordered, That the further Confide- rationof the Charge made by the High Bailiff of the City of Wetlminjler be ad- journed till to-morrow Morning. , ned the [ 264 ] 1750, Feb. i. The Houfe (accord- ing to Order) refumed the adjourned Coniideration of the Charge made to the Houfe. upon Monday laft by the High Bailiff of the City of Weftminjhr. , And the High Bailiff was- called in and directed to proceed to make good the reft of his Charge ; And tjien he was directed to with- draw. He was again called in. And the Honourable Alexander Mur- ray, Efq; one of the Perfons named ill the faid Charge, wasalfo called in. Aiid the High Bailiff proceeded to itatehis Charge againft the faid Mr. Murray. And Mr. Murray having ,been heard to the faid Charge, and having denied the fame, and defiring to maltp his De- fence thereto by Council. They were both directed to with- draw. The Houfe was moved, that P*rt of an Act made in the twentieth Year of his prefent Majefty's Reign, jaijtled. An A5i for allowing Perfons impeaches of High Treafon, whereby any Corruption of Blood may be made, or for Mifprijion of fnch Juch Treafofi, to make their full Defence by Council, might be read ; And the fame was read accordingly. Mr. Murray was again called in ; And being aiked, whether his Coun- cil were ready to proceed, he acquainted the Houfe, that he had fent for them ; that he was ready himielf, but did not know, whether they would be ready to proceed this Day. And then he was again directed to withdraw. Ordered, That Mr. Murray be ad- mitted to be heard at the Bar of this Houfe by his Council, upon the Matter of the Cha ge made againft him by the High Bailiff of the City of Weflminfter. Ordered, That the High Bailiff of the City of Weftminfter be admitted to be heard by Council, in fupport of the Charge, if he thinks fit. Ordered, That the faid Mr. Murray be taken into the Cuftody of the Serjeant at Arms attending this Houfe ; and that when he mall be in fuch Cuftody, the Serjeant at Arms attending this Houfe do take fuch Bail for the faid Mr. Mur- ray, as (hall be approved by Mr. Speaker, for the faid Mr. Murray's At- N tendance f tendance upon this. Houfe, from time to time, as olten as he ihall be required thereunto. Ordered, That the further Confide- ration of that Part of the laid Charge, which relates to the laid Mr. Murray , be adjourned till Wednejday Morning next. Ordered, That the Charge made by the High Bailiff of the City of Wtftmin- jhr againft the faid Mr. Murray, be by him put into Writing, and delivered to the Clerk of this Houfe j and that a Copy of the faid Charge be delivered to t he faid Mr. Murray. The High Bailiff was again called in. And John Gib/on^ another of the Per- jpns named in the Charge made to the Houfe upon Monday laft by the faid High Bailiff, was alfo called in. The High Bailiff proceeded to ftate his Charge againft the faid Mr. Gibfon. And Mr. Gibfon hiving been heard to the faid Charge, arid having denied the fame; The High Bailiff examined feveral Witnefles in Support of the former Part of i he laid Charge. And bavins; called another Witnefs, The 1 267 1 The High Bailiff, Mr. Gibfon, and the faid Witnefs were directed to with- draw. The High Bailiff and Mr. Gibfon were again called in. And the High Bailiff having ac- quainted the Houfe, that he had called the faid Witnefs in fupport of the latter Part of his faid Charge. The High Bailiff and Mr. Gibfon were again directed to withdraw. They were again called in, And the High Bailiff was direded to confine himfelf to the former Part of the faid Charge. And he having acquainted the Houfe, that he had gone through his Evidence m fupport of that Fart of the fa'rd Charge. Mr. Gibfon was heard, and examiner! feveral Witneffes in anfwer to the faid Charge. And having referred to a Member of the Houfe, as having been prefent at the Time mentioned in the Charge. The faid Member did in his Place inform the Hoiu r c of what he knew concerning the Matter of the laid Charge. N 2 ' And [ 268 } And Mr. Gibfon having gone through his Evidence, the High Bailiff was heard oy way of Reply ; and having referred to a Member of the Houfe, as having been prefent at the Time mentioned in the Charge, The faid Member did in his Place in- form the Houfe of what he knew con- cerning the Matter of the faid Charge. And then the High Bailiff and Mr. Gibfon were directed to withdraw. And feveral Members did in their Places inform the Houfe of what they knew concerning the Matter of the laid Charge. The Houfe was moved, that the En- try of the former Part of the faid Charge made by the High Bailiff againft the faid Mr. Gibfon, might be read ; And the fame was read accordingly. ftefohed, That it appears to this Houfe, that the faid Mr. "John Gibfon is guilty of an high Contempt of the Au- thority and Privileges of this Hcufe, by reflecting on the Proceedings of this Haufe, and of the Legislature. ~ Ordered, That the laid John Gibfon He, for his faid Offence, committed Pri- fo:u?r to his Msjefty's Goal of Newgate ; and [ 2 6 9 ] and that Mr. Speaker do iiTue his War- rant accordingly. !7sO, 4 eb. Mr. Speaker acquainted the Houfe, that the Serjeant at Arms attending this Houfe had informed him, that, in Pursuance of the Order of this Houfe of Friday laft, he had taken into his Cuftcdy the Right Honourable Alex- ander Murray^ Eiq; and when in his Cuftody had taken Bail for the faid Mr. Murray's Attendance upon this Houfe from time to- time, as often as he fhou'd be required thereunto ; and that the faid Mr. Murray was now upon fuch Bail. Mr, Speaker further acquainted the Houfe, that the faid Bail was fuch as had been approved of by him, as the faid Order directed. Ordered^ That the faid Mr. Murray do attend this Houfe upon Wedi.efday Morning next. Ordered^ That the Order made upon Monday 'the 28th of January laft, for hearing to-morrow Morning at the Bar of this Houfe the Matter of the Petition of the feveral Burgeffes and Inhabitants of the City and Liberty of Weflminfter^ whofe Names are thereunto fubfcribed N 3 oa 1 270 ] CD Behalf of themfelves, and fever.il other BurgefFes and Inhabitants of the faid Cky and Liberty, complaining of an undue Election and Return for the City of Weftminfter, be now read j And the fame being read accordingly. Ordered, That the laid Order be dif- charged. Ordered, That the Order made upon Mtmdpy\t\*Q 28th of January laft, for hearing at the Bar of this Houfethe Matter of the Petition of Sir George Van- d't put,- Bart, complaining of an undue Election and Return for the City of Weftminfter ; at the fame Time, that the Matter of the Petition of the feveral BurgefTes and Inhabitants of the Ci;y and Liberty of Weftmir.fterj*ihQfe Names are thereunto fubfcribed, on Behalf of themfelves, and fcveral other Bvirgefles and Inhabitants of the laid City ami Li- be; ty, was appointed to be h:ard> be now read j And the fame being read acconlingiv. Ordered^ That the Yaid Order be dis- charged. Ordered, Thar the Mattei-s of the laid Petitions be heard at -the Bar of this Houfeupon Iburjaav Morning next. [ 274 ] D Feb. The other Order gi. the Day being read, The Houfe relumed the sdjocj-rnccl Confederation of that Part of the Charge made to the Houic by the High Bailiff of the City of Weftminfter, which re- lates to the Hjiiojirable Altxan.ier Mur- ray, Efq } And ihe High Bail! ft, and the Coun- cil for Mr. Murray were called in ; And the Charge of the High Bailiff agai-nft the faid Mr. Murray was read. The High BaiJifT examined one Wit- ne r s in fupport of the faid Cha r ge. And then the High EaM; toe Coun- cil, and the f.id Wirnefs were diredted to withdraw. The High Bailiff and the Council were again called in. And the High BiiiifF examined fe- veral other Witnelies in iupport of the faid Charge. And having gone through his Evi- dence; 1 he Council for Mr. Murray -were heard, and examined feveral Witnefics in anfwer to the faid Charge. And the High Bailiff was heard by way of Reply $ N 4 And And the faid Mr. Murray was heard k at the Bar ; And then the High Baijiff, Mr, Mur- ray, and the Council were dire&ed to withdraw. Refohed> That it appears to this Houfe, that the Honourable Alexander Murray, Efq; on the i^th Day of May lafr, heing the Day of Return of a Member, to feive in Parliament for the City of Weflminfter, attended by a Mob, did, before the Return was made, com* to the Houfe of Mr. Eald^in^ the De- puty High Bailiff of the laid City, and then and there declared, in a menacing - infulting manner, that he and a :&nd more had (worn, that the High Bailiff mould make his Return in the middle of Cogent-Garden^ and not i:i the Portico ; that he was a Fool he had not ordered the Iron Rails before t c Portico to be cut down the Night before; that he had advifed with Coun- cil, that if he had done it, and had not taken the Rails away, it would have been only a Trefpafs ; and that for loo, or i^o/. they might have been made good again ; and that had it not been to to hurriour fome faint-hearted Fellows, it would have been, done, or Words to that Effect ; and that the faid Alex- ander Murray^ immediately after the Return was made, appeared in Covent- Garden Church-Yard, while the Re- turning-Officer was in the Veftry, near the Place where the Return was made, at the Head of .a Mob, who appeared to be on the Part of Sir George Vandeput t and did then utter Words exciting and inflaming the faid Multitude to aflault and murder ths Returning - Offi er ; and that afterwards as the Returning- Officer was going away, the faid A- kxander Murray, perfevering in his wicked Purpofes, did, at the Head of the faid Mob, again incite them to A6ts of Violence, faying, with Imprecations, Will no-body knock the Dog down ? will no-body kill the Dag ? or Words to that Effeft. A Motion was made, and the Quef- tion being propofed, that the faid Alex- ander Murrey be, for his faid dangerous and feditious Practices, in Violation and Contempt of the Authority and Privi- leges of this Houfe, and of the Freedom N 5 at of Ele&ions, committed clofe-Pritbner to his Mhiefty's Goal of Newgate. The Houie -was moved, That the Journal of the Houfe cf the -2 3d of Fe- bruary 1741, in relation to die Proceed- ings of the Houfe for the Punifhment of William Middle ion, Efq; might be read ; And the fame was read accordingly. Rtfofoed, That the faid Alexander Murray be, for his faid dangerous and feditious Practices in Violation and Contempt of the Authority and Privi- leges of this Houfe, and of the Free- dom of Elections, committed clofe Prj- Ibner to his Majefty's Goal of Newgate, and that Mr. Speaker do ifTue his War- rant accordingly. Rrjohed, That the faid Alexander Murray be now brought to the Bar of this Houfe to receive his Sentence there upon his Knees. He was brought in accordingly, an 3 by Mr. Speaker directed- to kneel And he having refufed to be upon his Knees, as required by the faid ReTo- lution. And being withdrawn. Refofafd, . Re/btoed, -That it having been re- folved by this Houfe, that the faid Alex- andtr Murray fhould receive upon his Knees, at the Bar of this Houfe, the faid Sentence of this Houfe againfthim j and he having in a moft infolent auda- cious manner, at the Bar of this Houfe, abfolutely refufed to be upon his Knees as requited by the faid Refolution, is guilty of a high and mod dangerous Contempt of the Autho;ity f and Privi- lege of this Houfe. Ordered, That the fa : d Alexander Murray b^ committed clofe Prifoner to his Majefty's Goal of Newgate, in order to his forth coming, to abide fuch Or^ ders as {hall be made by this Houfe, in relation to the faid Contempt. Ordered, That the faid Alexander Murray (while in the faid Goal by. Vir- tue of the faid Order) be not allowed the Ufe of Pen, Ink, or Paper ; and that no Perfon be admitted, to have Ac- cefs unto him, without the Leave of this Houfe. Ordered, That a Committee be ap- pointed to confider, and report to the Houfe, what Methods may be proper to N 6 be . [ 276 I be taken by the 'Houfe, 'in relation to the faid Contempt. And a Committee was appointed ac- cordingly, and they are to withdraw immediately into the Speaker's Cham r ber ; and they have Power to fend for Peifons, Papers snd Records. Ordered, That the laid Committee have Power to fit, notwithstanding any Adjournment of the Houfe. 1750, 8 Feb. Ordered, That the Lord Elibank have leave to refort to his Bro- ther the Honourable Alexander Murray ', Efq; now a Prifoner in his Majefty's Goal of Newgate t committed to the faid Goal by an Order of this Houfe. The Houie being informed, that a Perfon from the Keeper of Newgate, attended at the Door, he was called in r and at the Bar acquainted the Houfe, that the faid Mr. Murray is ill, and de- fires that a Phyfkian and an Apothe- cary mav^have Leave to refort to him j and that the Name of the Apothecary is Cooke, and the Name of the Phyfi- cian he did not know, but had f.nt to enquire ; And then he withdrew. Tht t The Houfe being informed, that the Phyfician defired by the fa : d Mr. Murray. to attend him, was Dodor Lamond j Ordered^ That the faid Dodor La- mend, and the faid Mr. Cooke have Leave to re fort to the laid Mr. Murray in the faid Goal. The Houfe was moved, That the Order made upon Monday laft, the 4th Day of February, for hearing yefterday at the Bar of this Houfe the Matters pf the Petition of the feveral BurgeiTes and Inhabitants of the City and Liberty of Weftminfrer^ whofe Names are there- unto fubfcribed, on Behalf of them- ielves, and feveral other Burgeffes and Inhabitants of the faid City and Liberty > and of the Petition of Sir George Van~ deput^ Bart, feverally complaining of an undue Election and Return for the City of Weftminlter, might be read. And the fame being read accordingly- Order -ed, That the Matter of the faid Petitions be heard at the Bar of this Houfe upon .Tuefday Morning next. 1750, 12 Feb. Ordered, That the feveral Burgefies and Inhabitants of the City and Liberty of Wefiminller., who petitiontd this Houfe in BeKalf of them- felves> t felve~, and feveral other BurgefTes and Inhabitants of the City and Liberty, complaining of an undue Ele&ion and Return for the City of Weftminfier, be at Liberty to withdraw their Petition. Ordered, That the Order made for hearing at the Bar of this Houfe, the Matter of the faid Petition be dif- charged. Ordered, That Sir George Vandefut, Bart, be at liberty to withdraw his Pe- tition, complaining of an undue Eiedion and Return for the faid City. Ordered^ That the Order made for hearing at the Bar of this Houfe the Matter of the faid Petition be dif- charged. 1750,14 Pe b. Sir William Tbnge, from the Committee who were appointed to confider, and report to the Houfe, what Methods may be proper to he taken by the Houfe, in relation to the Con- tempt of the Honourable Alexander Murray, Efq; who being in Purfuance of a Resolution of this Houfe, brought to the Bar of this Houfe, to receive his Sentence there upon his Knees, and who being by Mr. Speaker directed to kneel, refuftdto be up:>n his Knees, AS required f 2 79 ] the faid Refolution, ac- quainted the Houfe, that the Com- inittee'have 1 directed him to make a Re- port when the Houfc will pleafe to re- ceive the fame. Ordrtd, That the Report be re- ceived upon Monday Morning next. A Petition of John Gibjbn, now Pri- foner in Newgate, was prefented to the Houfe and read, exprefiing his Sorrow for having incurred the Difpleafure of the Houle-, giving the ftrongeft and moft folemn Affurances of his never giving the leaft OfFence for the future, ::nd praying to be difcharged from his Confinement. Ordered, That the faid John Gibfon, committed Prifoner by this Houfe to his Majedy's Gaol of Newgate, on the iftof this Inftant February, be brought to the Bar of this Houfe to-morrow Morning, in order to his being dif- charged ; and that Mr. Speaker do iilue his Warrant accordingly. I 7S> i$Fet>. John Gibfon was (ac- cording to Order) brought to the Bar, where he, upon his Knees, received a Reprimand from Mr. Speaker, and was ordered r ordered to be difcharged out of Cuftody, paying his Fees. 1750, 25 Feb. The Orders of the Day, for the Attendance of Dr. La- mond and Mr. Cooke the Apothecary, who were admitted to vifit Mr. Mur- ray y nowPrifonerin his Majefty's Goal of Newgate, committed to the faid Goal by an Order of this Houfe, being read. Dr. Lamnd was called in, and at the Bar gave an Account of the State of the Health of Mr. Murray during the time he had attended him in the faid Godl j And then he withdrew. Refohed, That no Peribn, allowed by this Houfe to refort to the faid Mr. Murray in his Majefly's Gaol of New- gate t have, without frefh. Leave of this Houfe, any further Accefs to the faid JVJr. Murray, while' in the faid Goal, ;.by .Vttrtue of an Order of this Houfe, made upon the 6th Day of this Inftant February, except his Phyfician Dr. La- mend, and his Apothecary Mr. Ccoke, and alfo the Nurfe, who has been by this Houfe allowed to be with him in the faid Pri ibn. [8r] 1751, 2 j4p. The Houfe being in- formed, that Dr. Lamond^ who was ad- mitted to refort to Mr. Murray \ now a Prifoner in his Majefty's Gaol of New- gate, committed to the faid Gaol by an Order of this Houfe, was attending at the Door, and was defirous of giving the Houfe fome Information relating to .the faid Mr. Murray. Dr. Lamond was called in, and at the Bar acquainted the Houfe, that he had this Day attended the faid Mr. Murray* that l.e apprehended him to have the Gaol Diftemper coming upon him, and that he left him fo extremely ill, that if he be not immediately removed from the Place of his prefent Confinement, there would be no Poffibility of faving him ; And then he withdrew. Ordered, That the faid Mr. Murray, committed by this Houfe clofe Prifoner to his Majefty's Goal of Ntwgetf, in order to his forth coming, to abide fuch Orders as mould be made by this Houfe, in relation to the high and moft dange- ,rpus Contempt of the Authority and Privilege of this Houfe, committed: by the faid Mr, Murray upon JPednefday the [282 J the 6th Day of February lilt, be dif- charged from his faid Confinement there, and delivered over into the Cut- tody of the Serjeant at Arms attending this Houfe, in order to his the laid Mr. Murray's forth coming, to abide fuch Orders as mall be made by this Houfe, in relation to the f.id Contempt, and that Mr. Speaker do iilbe his Warrants accordingly. Ordered^ That a Phyfician to be ap- pointed by Mr. Speaker, do attend the laid Mr. Murray while in the laid Cuf- todyof the Serjemt at Arms attending this Houle, in order to give Satisfaction to the Houfe, from time to time, in re- lation to the State of the faid Mr. Mur- ray's Health, and that Mr. Speaker do JlTue his Warrants according'y. Ordered, That no other Ferfon be ad- mitted to refort to the-faid Mr. Murray, while in . the laid Cuftody of the Ser- jeant at Artns, attending this Houfe, ex- cept fuch other Perfon or Perfons as Mr. Speaker fhall from time to time think fit to authorife by his Warrant fo to- do, upon proper Application to be made to Air. Speaker for thatPurpofe, and that Mr. Mr. Speaker be impowered to ifTue his Warrants accordingly. Ordered, That the faid Mr. Murray, while in the faid Cuftody of the Serjeant at Arms attending this Houfe, be not allowed the Ufe of Pen, Ink, or Paper, ctherwife than as Mr. Speaker (hall from time to time think fit by his War- rant to authorife the fame, and that Mr. Speaker be impowered to iflue his War- rants accordingly. 1751, 3 Ap. Mr. Speaker informed the Houfe, that the Deputy of the Ser- jeant at Arms attending this Houfe had fooiething to communicate to the Houfe relating to the Execution of the Orders y; fterday made, for removing Mr. Mur~ rcy from his Majefly's Goal of New- gate, into the Cuftody of the Serjeant .it Arms ; And the faid Deputy- Serjeant being called upon, acquainted the Houfe, that he. did -iyefterday- communicate to the .Keeper of the laid Goal Mr. Speaker's Warrant lor removing the laid Mr. Murra\) and- that being thereupon ad- mitted to the- faid 'Mr. Murray, he, the iaid>Deptity-Serjeanfl, did acquaint him with* the Orders of the Houfe for his Removal, t Removal ; but that his Phyikian Dr. Lamond being prefent, and giving it ts his Opinion, that it might be very im- proper to remove the faid Mr. Murray that Njghf, and -;hat it would be more advifeabletodefer fuch Removal tilt the next Mornine, he, the faid Deputy- Serjeant acquiefced therein, and accord- ingly did this Morning, together with Dr. Lamwd, again attend the faid Mr. Murray, and told hinv that he, the faid Deputy-Serjeant, was ready to -execute the faid Warrants ; but that the faid Mr. Murray then laid, that he thought fuch Removal would be of little or no Ser- vice to him ; and that as the Applica- tion to the Houfe wts without In- Knowledge, he chofe, if it could be per- mitted, to remain where he was i/and that he aifo requeued the faid Deputy- Serjeant to inform the Houfe, that he was .extremely thankful for the Favour intended him ; and that the faid Dr. Lamond like wife thought, that, as his Fever had left him fooner than he ap- prehended, it was the be ft way not to remove him, as nothing but Air and Exercife could be of real Service to him. And And the faid Deputy-Serjeant being further examined, aifo acquainted the Houie, that he had found, from his Conversion with the faid Mr. Mur- ray, that he had been informed of the Steps which had been taken for the faid Application to the Houfe ; and that the faid Mr. Murray expreffed great Uneafi- neis thereupon, and ufed ibme Words of Refentment towards one of his Re- lations, on account of fuch Application being made j faying, It was a mean thing in him to apply to the Houfe with- out bis the faid Mr. Murray'.* Confint. The Houfe was moved, that the Mi- nutes of the Information giving by Dr. Lamond yefterday at the Bar of this Houfe, and of his Examination confe- quent thereupon, might be read ; And the fame were read accordingly. And the Houfe being informed, that the faid Dr. Lamond was attending at the Doof, he was Called in, and being examined at the Bar, gave the Houfe 211 Account. in what -Condition he found the faid Mr* Murray laft Night, with his Rsafons for thinking it improper to have Mr. Murray removed at that Time ; and alfo acquainted the Houfe, that [ 2S6 .] that the faid Mr. Murray does not defi e to be removed out of Newgate, unlefs he could have the Benefit of Air and Exercife, and was djfiatbfied with the Application which had been made to this Houfe j and that he, the faid Doc- tor, does not now perceive any Symp- toms of the faid Mr. Murray's. having the Goal Diftemper, but thinks him much better than he was yeftcrday, although far from being well ; And then he withdrew. Ordered, That the Orders made yef- terday, for removing, the faid Mr. Mur- ray from his Majefty's Goal of Nfw- gate^ into the Cuilody of ihe Serjeant at Arms attending this Houfe, and the feveral Orders fubfequent thereupon, re- lating to the faid Mr. Murray, be re- voked, Ordered, That the faid Mr. Murray do remain in the fame Cuilody he was in, with the fame Orders in relation to him as were fub/ifting, yefterday, be- fore the faid revoked Orders were made. J 75*> 20 Ncv. The Houfe was moved, tfyat the feveral Refolutions and Orders of the; Houfe relating to the Honou- [2*7] Honourable Alexander Murray^ Efqi made upon the 6th Day of February laft, and contained in the Journals of the Houfe of the laft Seffion of Parlia- ment, might be read accordingly. A Motion being made, and the >uef- tion being propojed, That the Honourable Alexander Murray, Efq; who, on the 6th of February, laft Seffion of Parlia- ment, was for dangerous and feditious P radices, in Violation and Contempt of the Authority and Privileges of this Houfe, and of the Freedom of Elec- tions, ordered by this Houfe to be com- mitted clofe Prifoner to his Majefty's Gaol of Newgate j and was alfo at the fame Time ordered by this Houfe to be brought to the Bar thereof, to receive his laid Sentence there upon his Knees ; and before the faid Sentence was received by him, did, by a high and moft dan- gerous Contempt in him of the Autho- rity and Privilege of this Houfe, and by perfifting in the fame, avoid theExecu- tion of the faid Sentence, during the Remainder of the faid Seffion of Parlia- ment, be now committed clofe Prifoner to his Majefty's Gaol of Newgate, for the faid dangerous andfeditious Practices, in [ 283 ] in Violation and Contempt of the Au- thority and Privileges of thisHoufe, and df the Freedom of Ele&ions. A Motion 'was made, and the Quejlion being put ', Tjiat the Houfe do now ad- journ ; It pafTed in the Negative. Then the Quejlion being put, That the Honourable Alexander Murray, Efq; who, on the the 6th Day of February, in the laft Seffion of Parliament, was, for dangerous and feditious Practices, in Violation and Contempt of the Au- thoririty and Privileges of this Houfe, and of the Freedom of Elections. Or- dered, by this Houfe, to be com- mitted clofe Prifoner to his Majefty's Gaol of Newgate j and was alfo at the fame time ordered by this Houfe to be brought to the Bar thereof, to receive his faid Sentence there upon his Knees 3' and before the faid Sentence was re- ceived by him, did, by a high and moil dangerous Contempt in him of the Au- thority and Privilege of this Houfe, and by perfifting in the fame, avoid the Exe- cution of the faid Sentence, duiingthe Remainder of the faid Seffion of Par- liament, be now committed clofe Pri- foner [ 289 ] foner to his Majefty's Goal of Newgate for the faid dangerous and feditious Prac- tices, in Violation and Contempt of the Authority and Privileges of this Houfe, and of the Freedom of Elections. It was rcfolved in the Affirmative. Ordered, That Mr. Speaker do iflue his Warrants accordingly. Refohed, That the faid Alexander Murray do receive the faid Sentence, for his now being committed clofe Pri- foner to his Majefty's Gaol of Newgate, at the Bar of this Houfe upon his Knees. Ordered, That the Serjeant at Arms attending this Houfe, do take the faid Alexander Murray into his Cuftody, in order to his being brought to the Bar of this Houfe to receive the faid Sentence. 1751, 25 Nov. The Serjeant at Arms attending this Houfe, being called upon to give an Account of what had been done in Execution of the Order of. the Houfe of l T /ednef.iay iaft, for taking ioto his Cuflccly the Honourable. Alexander Murray "Efq ; the Deputy of the faid Serjeant at Arms, to . wlipm the faid Or- der was delivered, acquainted the Houfe, *!>. ,4:1:,, x~. O~,_~i_ "u J J*nt " j r^ that diligent Searcli had been made after O the [ 290 ] the faid Mr. Murray, but that he could not be found. Refohed, That an humble Addrefs be prefented to his Majefty, that he will be gracioufly pleafed to ilfue his Royal Pro- clamation, for apprehending the faid Alexander Murray^ with a Promife of a Reward for the fame. Ordered, That the faid Addrefs be prefented to his Majefty by fuch Mem- bers of this Houfe, as are of his Majefty's mofl Honourable Privy Council. FINIS. University of California SOUTHERN REGIONAL LIBRARY FACILITY Return this material to the library from which it was borrowed. A 000019131 2