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The Pamphlet Collection of Sir Robert Stout: Volume 39

Precedent of a Member expelled for absconding, and not taking the Oaths

page 60

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.

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 page 61 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 assistance 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 circumstances 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 page 62 Mr. Prynne, in his comment on the fourth book of Sir Edward Coke's Institutes, 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.