Veneris, 12o die Junii, 1607

Sewers.

2. Reading: - B. For the better Execution of the Commissions of Sewers : Committed to Mr. Alford, Sir Wm. Twysenden, Knights and Burgesses of Somersetshire, Mr. Askwith, Sir Rob. Phelips, Mr. Brook, Sir Oliver Cromwell, Mr. Yaxley, Mr. Recorder of London, Sir Tho. Smyth, Mr. Cognisby, Mr. Pembridge, Mr. Wallys, Sir Wm. Wray, Sir Tho. Freak, Mr. Nanton, Sir Wm. Bulstrod, Sir John Shirley, Mr. Hyde, Mr. Brock, Sir Geo. Moore, Mr D. James, Sir John Hobart, Burgesses of all Port Towns, Mr. Upton, Sir John Peyton, Mr. Hopton, Sir John Leveson, Sir Rob. Oxenbridge, Sir Rich. Pawlett, Sir John Hollice, Mr. Morgan, Sir Tho. Lowe, Mr. Irby, Sir Rich. Bulkley, Sir John Savill, Mr. Oldsworth, Mr. Pulleston, Sir Nich. Saunders: - Tomorrow, Temple.

Armour-makers.

Sir Henry Poole reporteth the Petition, and Committee, for the Armour-makers. - The Committees think fit, that a Bill may be drawn by some Gentlemen of the House, for the Helping of the great Decay: Letters to be written from the Lords, that they may buy of others, as well as of Nicholson.

The House conceives it fit. that some Course be taken for their Relief.

Union with Scotland.

Sir Francis Bacon maketh Report of the Conference. - Lord Chancellor first. - A Commendation of the judicial and temperate Labour of the House.

Doubts Four : 1. In case of high Treason, of any Nature, to be tried in Three Border Counties, if they be acted by an Englishman in Scotland.

2. The peremptory Challenge of Five : Whether any Meaning, in High Treason to allow it.

3. Whether a Peer to be tried by ordinary Juries, though at the Rate of 5l.

4. Whether, in case of High Treason, the Offender should have Witnesses.

Answ. We could not divine, what Doubts they would propound. -

The Reasons, that moved, they are not accountable :

- Unpossible to collect them.

Aliquando magis movent non dicta, quam dicta: Nevertheless, plus vident oculi, quam oculus, - See better.

Observed, that they ran all in a Circle, about one Case, Matter of High Treason. -

They had a Respect to the most natural Purview for the Mischief foreseen, and not to particular.

Justice would be lame, because of the Witness coming so far as London.

Case of Robberies, Thefts : - Challenge : Therefore they had provided no Trial for Peers, because they would not foresee that ever they would enter into any such Fact.

Lord of Salisburie's Speech - Introduction, Argument, Advice.

Introduction - Either a constant Defence, or a ready Acceptance of better Reason: Ever observed in the House -

Wise Men, intentive upon the main, pass by little Matters. -

By the modest and circumstantial Answers, he saw the Spirit of this House to concur with the Spirit of that House. - Matter of Joy.

Argument: - Six Reasons: Three Variancies, Three Inconveniences. -

Varied from our End; from our Principle, our Groundwork, and Building from our Law, and all Laws. -

Middle Parts, which were before Extremes. - Example of Barrowe.

The Disease so violent, as not to fit to weaken the Remedy.

Our Principle.

Tenderness of the innocent Subject: More full on the other Side. -

Varied from our own, and all Laws, No Law did allow, in a Case of Life, a perplexed Evidence. -

Civil Law - Torture: Better to torture the Person, than the Conscience of the Judge. -

Three Inconveniences:

The First, the general Impunity to Malefactors. No Malefactor would stir, but he would plot for Witnesses. - A standing Fraternity of Witnesses. - Witnesses

Acquitters. - Company - destined and designed to Damnation.

A Calumniation of all Verdicts : All Trials quarrelled withal.

3. The Nature of the Time. It will be the happy Work of Time to rase out all ill Intelligence. -

Temporary Reason to be the Ground of a perpetual Law.

3. Part, Advice. - Some Mitigation of the Clause. - Not a licentious Liberty to call up all Witnesses; nor left to the Judge alone; because -

Northampton: - Inducement, Argument, Advice. -

Inducement. - One of Hercules' Labours, and more, to encounter an Opinion. -

Example of the Virgins Vestal: Three Years to learn; Three to practise ; Three to reform. - Excuseth himself, for other Speeches, of our own, and of the rest of the Lords, by reason his Tables failed him.

Mr. Speaker openeth the Parts of the Conference.

The Dispute deferred till To-morrow.