_Resolved_, That Sir Henry Mounson be discharged from being a Member of the House.

New Writ Ordered.

PRECEDENT of a MEMBER Discharged for declining to take the OATHS.

The House being informed, That the Lord FANSHAW attended at the door, according to the order of Sat.u.r.day last.

_Resolved_, That he be called in, and tendered the Oaths and Declaration, directed to be taken, made, repeated, and subscribed by the Members of the House.

He was called in accordingly; and came up to the table: And Mr. Speaker acquainted him, That the House had taken notice that he had been about the town a considerable time; but yet did not attend the Service of the House; and that he had direction to tender him the Oaths and Declaration.

Whereupon the Lord Fanshaw said, that it was true, he had been about town a great while indeed; but had been in the country, if his health would have permitted him; but that he had been in a strict course of physick, and was in the same condition still of physick and diet; but, however, that since he was absent there was an Act of Parliament pa.s.sed for taking the Oaths; and he was not qualified to sit in the House, in regard he was not satisfied to take the Oaths; and therefore he could not appear.

And then withdrew.

_Resolved_, That the Lord Fanshaw be discharged from being a Member of the House.

And there being a Pet.i.tion in, touching the Election, the granting a new Writ was respited.

PRECEDENT of a MEMBER Committed to the TOWER for declining to take the OATHS.

The House being acquainted, that Mr. CHOLMLY attended according to their order of Tuesday last;

He was called in, and came up to the table: And Mr Speaker, by the direction of the House, acquainted him to this effect, viz., That the House had taken notice of his being absent from their service a considerable time, and that now he was come he was to tender him, and accordingly did tender him, the Oaths of Allegiance and Supremacy appointed to be taken by the Members of the House, according to an Act of this present Parliament.

To which Mr. Cholmly replied, That as to his absence, both when he was in the country and since he came to town, he had been infirm and lame, and had been under the doctor's hands, and could not as yet recover himself.

And that he had endeavored to qualify himself to be a sitting Member of the House, by taking the Oaths, as the House expects, but that he could not as yet do it: And therefore humbly submitted himself to the House; and that he did it not out of any wilful humor.

Upon which he was commanded to withdraw.

And being withdrawn accordingly;

_Resolved_, That Francis Cholmly, Esquire, a Member of this House, for his contempt in refusing to take the Oaths, * *, be committed Prisoner to the Tower of London.

_Ordered_, That the Serjeant-at-Arms attending this House do take into his custody the said Mr. Cholmly, and convey him to the Tower: And that Mr. Speaker do issue his Warrant for that purpose.

PRECEDENT of a MEMBER, being a QUAKER, refusing to take the OATH.

House called over,

And the name of John Archdale, Esquire, a burgess for the borough of Chipping Wicomb, in the county of Bucks, being called over a second time:

Mr. Speaker acquainted the House that Mr. Archdale had been with him this morning, and delivered him a letter sealed, which Mr. Speaker presented to the House.

And the same was opened and read, and is as followeth, viz.:--

"London, the 3rd of the 11th month, called January 1698-9.

"Sir.

"Upon the call of the House it will appear that I am duly chosen and returned to serve in Parliament for the borough of Chipping Wycomb, in the county of Bucks; and, therefore, I request of thee to acquaint the honorable House of Commons the reason I have not as yet appeared, which is, that the burgesses being voluntarily inclined to elect me, I did not oppose their inclinations, believing that my declarations of fidelity, etc., might, in this case, as in others, where the law requires an oath, be accepted, I am, therefore, ready to execute my trust if the House think fit to admit of me thereupon; which I do humbly submit to their wisdom and justice; and shall acquiesce with what they will be pleased to determine therein: This being all at present, I remain,

"Thy real and obliged friend,

"JOHN ARCHDALE."

Day appointed for considering the contents of the said letter.

Mr. Archdale ordered to attend.

The House being informed, that Mr. Archdale attended according to order;

His letter to Mr. Speaker was again read;

And the several statutes qualifying persons to come into and sit and vote in this House were read, viz., of the 30 Car. II., 1 Will. and Mariae, and 7 and 8 Will. and Mariae.

And then the said Mr. Archdale was called in,

And he came into the middle of the House, almost to the table;

And Mr. Speaker, by direction of the House, asked him whether he had taken the Oaths or would take the Oaths, appointed to qualify himself to be a member of this House; To which he answered, That in regard to a principle of his religion he had not taken the Oaths, nor could take them.

And then he withdrew.

A new Writ ordered.

PRECEDENT of a MEMBER expelled for absconding, and not taking the OATHS.

The House was called over according to order.

And the names of such as made default to appear were taken down.

_Ordered_, That the names of such as made default be now called over.

And they were called over accordingly.

And several of them appeared, and others were excused upon account of their being ill, some in the country, some in town; and others upon account of their being in the country upon extraordinary occasions; and some as being upon the road.

Upon calling over the names of * * LEWIS PRICE, Esquire, * * they were not excused.

Several Members sent for.

_Ordered_, That Lewis Price, Esquire, be sent for, in custody of the Serjeant-at-Arms attending this House.

The Serjeant-at-Arms being called upon to give the House an account of what he had done in relation to Lewis Pryse, Esquire, who was, the 8th of August last, ordered to be sent for in custody, for not attending the Service of the House; he acquainted the House, That the messenger he sent to bring up Mr. Pryse, had been at his house at Gargathen, but that he was not there; nor could the messenger have any intelligence where he was.