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III.

CHA P. sent chancellor) and Mr. Hutchinson for

the university of Dublin, after the election 1634 was voided the latter having desired to va

cate his seat for Sligo, for which two places
he had been returned, the house in a refe-
rence to them from the select committee, un-
der the adoption of Mr. Grenville's bill, and
upon a question particularly and fully de-
bated, gave it against Mr. Hutchinson, and
would not allow him to vacate his feat for
Sligo, that he might be again a candidate
for the university of Dublin; and pro-
nounced at the same time an obiter opinion,
grounded upon a decision in one thousand
seven hundred and forty-three, as was then
faid, that seats were only to be vacáted by
death, by being made a peer, or a judge, or
taking holy orders *, in the Irish parliament.

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A doctrine grounded not only upon the ancient law of parliament, but also upon the Irish statute of the 28th of Henry VIII. c. 12. by which the clergy are inadmissible. In the case of Alexander Newell, who was a prebendary of Westminfter in the reign of Philip and Mary, and had been returned for that city, the decision was similar. This is the first election case in the journals.- English Commons Journals, vol.i. p. 27

III.

This session fat only for a part of two CHAP. summer months; the fitting days in the commons were only eighteen. On the last 1634 day it was ordered that the members should have the same wages they had in the last parliament, viz. thirteen shillings and four pence for counties, ten shillings for cities, and fix shillings and eight pence for boroughs ; and also that five members then named should consider such orders as were extant, and report them to the house next feffion, that they might be regularly entered and published by the clerk of the house; and on this day the parliament was prorogued to the 4th of November, one thousand fix hundred and thirty-four. The instrument of prorogation is not entered in the journals.

In the second session of one thousand fix hundred and thirty-four, the commons sat thirty-one days, from the 4th of November, to the 24th of December, when parliament was prorogued. On the first day a

JII.

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CHAP. writ was issued in the room of fir Barnaby

Bryan, (in confequence of his absence in 1634. England, agreeable to his lịcence of the last

session, at his own desire : the writ was to
issue, provided he did not return before the
meeting of parliament: and on the same
day the lord deputy Wentworth communi-
cated an act of council for confining and
imprisoning fir John-Durgan and captain
Charles Price for words fpoken in parlia-
ment; and also the obligation of the for-
mer to make an apology to the latter at the
council board; and informed them, that he
was to be conveyed as a prisoner, by the
constable of Dublin Castle, to the house, and
there at the bar to repeat his submission.
This act of council, signed by lord Went-
worth and six counsellors, was fatis pro im-
perio; and it was entered in the journals
without any comment.

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On the lith of November it was ordered, that a committee of sixteen persons, then named, should repair to the judges any

morning

III.

morning at the courts on the inns'.quay, or CHAP. in the afternoon at the council board, and propose to them such acts for the good of 1634. the kingdom as they should think proper. This communication with the judges is a presumptive proof, that in early times they were employed principally in framing acts of parliament, as was mentioned in the last chapter.

On the 13th of November the second precedent appears of a writ issued at the desire of a member in his own room, in the person of fir Henry Bingham baronet, member for Castlebar, who had been dangerously hurt by a fall from his horse ; but this order was countermanded afterwards, probably upon his recovery from this accident.

On the 15th of November, fir John Dungan having made a submission and apology for the offence last session to captain Charles Price at the bar, pursuant to an order of the council, the house forgave him, and deputed

III.

CHAP. fix members to the lord deputy to remit the

u punishment for the offence to his majesty. 1634.

A third instance occurs on the 17th of November of a writ issuing in the room of Thomas Leake esq. at his own desire, for which no particular cause was specified ; and on the 19th a fourth precedent occurs of a writ issuing in the room of Henry Lord Maltravers *, member for Gallan, at his own desire, as he could not attend the house from his avocations in England.

On the 21st of November a committee was appointed with full power to sit upon the business of a mint.

On the 26th of November the fifth and sixth instances occur of writs issued at the particular desire of members in their own room, in the person of sir Henry Tichborne, and Arthur Chichester esq. members for the counties of Tyrone and Antrim, who were licensed to go to England, and could

* An English peer.

not

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