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The Pamphlet Collection of Sir Robert Stout: Volume 39

Precedent of a Member Committed to the Tower for declining to take the Oaths

page 58

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And being withdrawn accordingly;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.