_Ordered_, That Lewis Pryse, Esquire, do surrender himself into the custody of the Serjeant-at-Arms attending this House, by this day month at the farthest, upon pain of occurring the farther displeasure of this House, and of being proceeded against with the utmost severity.

The order of the 2nd of February last being read requiring Lewis Pryse, Esquire, to surrender himself into the custody of the Serjeant-at-Arms attending this House by that day month at farthest;

The Serjeant was called upon to know whether he had heard from the said Mr. Pryse, and he acquainted the House, That he had not heard from him.

Mr. Speaker acquainted the House, that he had received a letter from the said Mr. Pryse, and he delivered the same to the Clerk to be read; and the same was read accordingly, and is as follows, viz.:

"Sir,

"'Tis with pleasure that I embrace every opportunity of returning you my acknowledgments for the good offices you have done me, as often as the case of my unavoidable absence has come under debate in the House. The repeated experience I have had of your friendship in this point, encourages me to hope for the continuance of them, which I shall not offer to desire longer than the reasonableness of my case shall appear to deserve them.

"I beg leave once more to represent it to you; and through your a.s.sistance to the honorable House; whose displeasure as it is a very sensible affliction to me, I should be glad by any means in my power to remove. That as it is impracticable for me to attend by the time appointed, because of a very severe fit of the gout which I am now afflicted with, and thereby give satisfaction to the House in the method they have insisted on; I hope they will accept of such as is in my power, and give me a favorable hearing when I represent to them, that I was chose knight of the shire of Cardigan when I was at 100 miles distant from it, and had been absent thence for ten months before the time of my election; which I was so far from seeking, that I never asked a vote for it, and was chose even against my inclinations.

"I know not how far a man is obliged to stand to the choice a county makes of him. Sure I am that I have reason to complain of a force that has administered the occasion of my disobliging the honorable House, by an absence caused by infirmities, under which I labored at the time of my choice, and which have continued upon me ever since with the greatest severity, and with little or no intermission.

"In these circ.u.mstances I would fain hope that the honorable House will rather blame the country's choice than him who has been unwillingly forced into a post, and lies under the misfortune (for I flatter myself 'twill not be thought a crime) of not being able to attend the business of it; and will therefore lay aside their displeasure, and remit the sentence ordered against me.

"And I am the rather encouraged to hope this, because Mr.

Prynne, in his comment on the fourth book of Sir Edward c.o.ke's Inst.i.tutes, shows, from various records, that incurable distempers have been constantly allowed by the House for a just excuse of non-attendance; and upon debates in such cases, no other punishment has been inflicted than excusing the service of the Member, and ordering a new writ for electing a person duly qualified, and capable of attending the business of the House. This being the course of Parliamentary proceedings in such cases as mine, which I have now truly represented to you, and can produce hundreds of witnesses to confirm, I hope that the unhappy incapacity I am under of attending the service of the House, will be thought to deserve no severer treatment than has been usual in the like cases; and that my ready submission to the honorable House's pleasure in this point, will be a means to restore me to their favorable opinion, and engage you to promote the request of

"Your most obliged and obedient humble servant,

"LE PRYSE.

"Aberllefenny, 18th February, 1715.

"I know not how far the House in their last order about me, might be influenced by any report of the messenger who came down to my house; but to prevent misrepresentation I think it proper to a.s.sure you, that within three days after a very dangerous fit of the gout suffered me to come downstairs, I came from thence hither to my father-in-law's, eighteen miles in my way to London. But the motion of even so small a journey brought another fit upon me immediately, with which I have been laid up here ever since, and not having been yet so much as able to return to my own house."

Then the journal of the * day of May, 1689, in the case of Mr.

Cholmondley was read.

(House interrupted--Conference.)

The House resumed the consideration of the matter relating to Mr. Pryse.

_Resolved_, That Lewis Pryse, Esquire, a Member of this House, having been sent for in custody of the Serjeant-at-Arms attending this House, the 8th day of August last, for not attending the service of this House, and having never qualified himself as a Member of this House, by taking the oaths at the table, be forthwith brought up in custody.

The Messenger gives the House an account of what he had done pursuant to the order of the House.

_Resolved_, That Lewis Pryse, Esquire, a Member of this House, having been sent for in custody of the Serjeant-at-Arms attending this House, the 8th day of August last, for not attending the service of this House, and having never qualified himself as a Member of this House by taking the Oaths at the table; and having been on the 2nd of February last summoned to surrender himself into custody of the Serjeant-at-Arms, upon pain of being proceeded against with the utmost severity, and he having absconded, and peremptorily refused to surrender himself into custody, be, for the same contempt, expelled this House.

PRECEDENT of a MEMBER refusing to take the OATH of SUPREMACY.

DANIEL O'CONNELL, Esq., professing the Roman Catholic religion, returned Knight of the Shire for the County of Clare, being introduced in the usual manner, for the purpose of taking his seat, produced at the table a certificate of his having been sworn before two of the deputies appointed by the Lord Steward, whereupon the clerk tendered to him the Oaths of Allegiance, Supremacy, and Abjuration; upon which Mr. O'Connell stated, that he was ready to take the Oaths of Allegiance and Abjuration, but that he could not take the Oath of Supremacy, and claimed the privilege of being allowed to take the Oath set forth in the Act pa.s.sed in the present Session of Parliament "for the Relief of his Majesty's Roman Catholic Subjects;" whereupon the Clerk having stated the matter to Mr.

Speaker, Mr. Speaker informed Mr. O'Connell that, according to his interpretation of the law, it was inc.u.mbent on Mr. O'Connell to take the Oaths of Allegiance, Supremacy, and Abjuration, and that the provisions of the new Act applied only to Members returned after the commencement of the said Act, except in so far as regarded the repeal of the Declaration against transubstantiation; and that Mr. O'Connell must withdraw unless he were prepared to take the Oaths of Allegiance, Supremacy, and Abjuration.

Whereupon Mr. O'Connell withdrew.

Motion, That Mr. O'Connell be called back and heard at the table. Debate arising.

A Member stated that he was requested by Mr. O'Connell to desire that he might be heard.

Debate adjourned.

_Resolved_, That Mr. O'Connell, the Member for Clare, be heard at the Bar, by himself, his counsel or agents, in respect of his claim to sit and vote in Parliament without taking the Oath of Supremacy.

Mr. O'Connell was called in, and heard accordingly: And being withdrawn;

_Resolved_, That it is the opinion of this House, that Mr. O'Connell having been returned a Member of this House before the commencement of the Act pa.s.sed in this Session of Parliament "for the Relief of his Majesty's Roman Catholic Subjects," is not ent.i.tled to sit or vote in this House unless he first take the Oath of Supremacy.

_Ordered_, That Mr. O'Connell do attend the House this day, and that Mr.

Speaker do then communicate to him the said resolution, and ask him whether he will take the Oath of Supremacy.

And the House being informed that Mr. O'Connell attended at the door, he was called to the Bar, and Mr. Speaker communicated to him the resolution of the House of yesterday, and the order thereupon, as followeth:--

_Resolved_, That it is the opinion of this House, that Mr. O'Connell having been returned a Member of this House before the commencement of the Act pa.s.sed in this Session of Parliament, "for the Relief of his Majesty's Roman Catholic Subjects," is not ent.i.tled to sit or vote in this House unless he first take the Oath of Supremacy.

_Ordered_, That Mr. O'Connell do attend the House this day, and that Mr.

Speaker do then communicate to him the said resolution, and ask him whether he will take the Oath of Supremacy.

And then Mr. Speaker, pursuant to the said order, asked Mr. O'Connell whether he would take the said Oath of Supremacy? Whereupon Mr. O'Connell requested to see the said Oath, which being shown to him accordingly, Mr.

O'Connell stated that the said Oath contained one proposition which he knew to be false, and another proposition which he believed to be untrue; and that he therefore refused to take the said Oath of Supremacy.

And then Mr. O'Connell was directed to withdraw; and he withdrew accordingly.

_Ordered_, That Mr. Speaker do issue his warrant to the Clerk of the Crown in Ireland to make out (subject to the provisions of an Act pa.s.sed in this Session of Parliament, int.i.tuled, "An Act to amend certain Acts of the Parliament of Ireland relative to the election of Members to serve in Parliament, and to regulate the qualification of persons to vote at the election of Knights of the Shire of Ireland") a new writ for the electing of a Knight of the Shire to serve in this present Parliament for the County of Clare, in the room of Daniel O'Connell, Esq., who, having been returned a Member of this House before the commencement of an Act pa.s.sed in this Session of Parliament "for the Relief of his Majesty's Roman Catholic Subjects," has refused to qualify himself to sit and vote as a Member of this House, by taking the Oath of Supremacy.

PRECEDENT of a MEMBER being a QUAKER, claiming to make an AFFIRMATION.

Several Members attended at the table to take the Oaths; and Joseph Pease, Esquire, returned for the Southern Division of the County of Durham, having stated that, being one of the people called Quakers, he claimed the privilege of making an Affirmation, instead of taking the Oaths; whereupon he was desired by Mr. Speaker to retire until the sense of the House could be taken upon his claim; and he retired accordingly.

_Ordered_, That a Select Committee be appointed to search the Journals of the House, and to report to the House such precedents, and such Acts or parts of Acts of Parliament as relate to the right of the people called Quakers to take their seats in Parliament, and to the privilege conferred upon them to make their solemn Affirmation in Courts of Justice, and other places where by law an Oath is allowed, authorised, or required to be taken.

Report:--

_Resolved_, That it appears to this House, that Joseph Pease is ent.i.tled to take his seat upon making his solemn Affirmation and Declaration to the effect of the Oaths directed to be taken at the table of this House.

The Counsel and Agents in the case of the Coleraine Election, being returned to the bar, the Clerk appointed to attend the said Committee delivered into the House a reduced List; and the same was called over, and is as follows:--

And the Members of the Committee being as usual, come to the Table to be sworn, and Joseph Pease, Esquire, a Quaker, being one of the said Members, Mr. Speaker submitted to the House whether Mr. Pease was capable of serving on the said Election Committee without having been sworn.