Veneris, 16o Februarii

A Bill.

SIR H. Poole tendereth a Bill.

Possession.

L. 1. An Act for Restitution of Possession in certain Cases.

Members chosen when beyond Seas.

Mr. Pawlett moveth for the Swearing of Sir D. Digges, and Mr. Abbott.

Sir Tho. Hobby: - That Mr. Pelham may be sworn, as well as they, - Gone with the Ambassador.

Sir Geor. Moore: - That Mr. Pelham gone voluntarily, and not with an Ambassador.

Sir Ed. Coke: - That he that in the King's Service beyond Sea, eligible.

Resolved, Sir D. Digges, and Mr. Abbott, to be sworn; and Mr. Pelham's Case to be considered of by the House, when he cometh.

Apparel.

Mr. Brooke tendereth a Bill against Apparel. - No Law in force against it. - The Abuse, this Way, a great Cause of the Decay of Treasure, Want of Hospitality. Debts of Knights and Gentlemen. - 18 l. a Year, by a great Courtier, for Shoe-strings. Now Roses here (if not in Lent) cost more than their Fathers Apparel. This a principal Cause of the Inequality of Trade; Importation, and Exportation. -

This Bill is against Gold, silver Stuff, Gilding, &c. This Lex sumptuaria. This consonant to the Law of God, and Nature. - These neither good Apparel for Winter, or Summer. The first Apparel, given by God, Skins. Divers Teaches in Scriptures against this Vanity. -

Fashion of Apparel settled here, 200,000 l per Annum saved to the Kingdom. -

That this Bill may save the Commonwealth 100,000 l. per Annum.

Statutes.

Sir Tho. Hobby, and Mr. Alford: - To have a Place appointed for the Lawyers, Committees for Statutes. - Parliament Chamber, in the Inner Temple, on Monday next, Two of the Clock in the Afternoon.

Supply.

Sir Ed. Coke - a Report from the Committee Yesterday, for the King's Supply, - They meddled not with the Palatinate; but a free Gift to the King, of Two Subsidies, without any Question made, or any One Negative.

Upon Question, Resolved, without One Noe.

Message from the King.

- Delivereth a Message from the King. - That he read to the King all his Collections of the Sum of what had passed. -

The Message: That he would have him say to this House, that this their Dealing with them should produce Two notable Effects: l. His Honour Abroad: And 2ly, Would breed in him such Blood, as should make him seek, and hunt, how to relieve the Grievances of his Subjects.

- That the good Success, in this, occasioned by our Care of God's Religion.- -

Grievances.

Moveth, for Monday and Friday for Grievances, through all this Session, in this House. - Resolved.

Mr. Treasurer: - That the King by them hath commanded a Signification of his thankful Acceptance; with Promise to satisfy them, in all their just Demands; and that he will do more than meet them half way.

Supply.

Sir Edw. Mountague : - The House to determine, of the Time and Manner of Payment. - To have the Payments speedy, as the Gift chearful. The Payment to be, of the first, in May; the second, into Two Payments, in November next, and May after.

Mr. Alford: - To be very careful of a Preamble, to give Satisfaction to the Country; and no Innovation in the Sessing, but as formerly.

Sir Wm. Fleetewood: - That the Parliament may sit in May next.

A Committee for drawing the Bill: All the Privy Council, Mr. Solicitor, Mr. Crew, Mr. Noye, Sir Edw. Sands, Sir Edw. Mountague, Sir Jo. Strangwayes, Sir Geor. Moore, Mr. Alford, Mr. Hackwyll, Sir H. Poole, Sir Tho. Low, Sir H. Wallopp, Sir James Perrott, Sir Tho. Row: - Monday next, at Two of the Clock in the Afternoon, in the Court of Wards.

Religion. &c.

Sir Tho. Rowe: - To prepare One Bill for Religion, and another for the Kingdom; and to have them go up together with this, for this present.

King's Answer.

Mr. Chancellor: - That the Fruit of Yesterday, a Reconciliation between a noble King, and dutiful People. - That, as we had dealt really with him, he would deal royally with us, in all our Demands.

Master of the Wards, accordant; - The most blessed Day Yesterday, that ever here. - He will effectually proceed with those Heads ; and, with their Favour, will pursue them with Effect.

Monopolies, &c.

Sir Edw. Coke moveth for the now Conference.

Mr. Crew; - First, to have all Monopolies sacrificed: 2ly, To have the Pardon enlarged, as fully as ever heretofore. - Missing of Liveries, Pardons for Alienation : For these the Privy Counsellors to be Remembrancers. -

Remembereth the Bills of Grace. - To have, " nullum tempus occurrit Regi," limited: This not prejudicial to the K. Lapse. -

A general Confirmation of Patents. -

Bills of Grace.

The Clerk to give an Account of all the Bills of Grace.

Leicestershire Election.

A Petition from Sir Tho. Beamond read.

Sir Alexander Cave, High-sheriff of Leycester, brought to the Bar, delivereth in the Indenture of the Election, of Sir Geor. Hastings; but hath not altered his Return. Discharged, paying Fees to Clerk and Serjeant.

He avoweth the Words of his Petition, spoken by Sir Tho. Beamond.

Mr. Brooke: - That the Words not denied.

Upon Question, Sir Tho. Beamond to set his Hand to the Petition; and then to be discharged, paying his Fees.

Mr. Langstone: - The Indenture of the Return of Sir Tho. Beamond, to be taken off the File; and that of Sir Geor. Hastings to be filed; and to make the Return upon the Writ, agreeable to the Identure of Sir Geor. his Return.

The Clerk of the Crown to bring in the Writ for Leycestershyre, To-morrow Morning, at Eight of the Clock.

Wiggen Writ.

That Sir Tho. Gerard dead, a Burgess for Wiggen: - A Warrant for a new Writ, - Resolved.

Informers.

Mr. Solicitor moveth, concerning Informers.

Warden of the Fleete.

The Warden of the Fleete to be presently sent for by the Serjeant.

Conference- Petition to the King.

Sir Ed. Coke reporteth from the Conference with the Lords : - That the Lord Chancellor said, sithence he

trusted with the Delivery of the Petition to the King, would do it plainly, and sincerely, without Affection, though with much Affection. -

That Petitions should not be Prescriptions; therefore to have the Petition to be by Proclamation, or otherwise. -

That he answered, the House had resolved not to alter the Articles; which grounded upon the Law of the Realm. Policy of State, and Precedent in 7o, by Proclamation, in hoc individuo. That they have not potestatem addendi, or minuendi. - Vox, vultus, et gestus, instruunt. -

Moved, the Prince would join with the Lords, and us, in this Petition: And yielded by him.

Mr. Sheperd expelled for offensive Speech.

The Speech of Mr. Sheperd returned to again.

Mr. Pymme: - Four Faults in his Speech, of several Degrees : 1. Particular, against the Preferrer of the Bill: 2ly, Against the Commissioners of the Peace of the Kingdom in general: 3ly, Against this House: 4ly, Against King and Kingdom : - Generale generalissimum. -

For the first; called the Preferrer, a Perturber of the Peace.

2ly, That he drew Commissioners of the Peace to be Protectors of those which withstand the King's Proceedings.

3ly, That he said, Puritanism the Ground of that Bill, which he called Cattle. - His calling the Laws of this House, against Papists, Gynnes, and Barracadoes; and the Laws, he would have made here against Puritans, Mouse-traps.

4ly, That the Union between the King and People, great; which he laboured to divide. - That we went about to make Laws in the Face of the King. - That he would have set the whole Commonwealth together. That the Exception against Ceremonies now almost worn out, and scarce appeareth. - This an Offence against the State. -

For the Punishment, Four Points : 1. To pronounce him an unworthy Member of this House: 2ly, To imprison him : 3ly, To fine him 100 l. 4ly. To except him out of the Pardon.

Mr. Price: - If any have erred in Judgment, not of Affection, let not us want Charity.

Sir Edw. Seymour: - The first too violent, the second too moderate. - Not to the Tower, because too great. - To commit him to the Serjeant,

Mr. Mynn: - The most of his Error. - To admit him to make his own Exposition. - Lenity to our own Members.

Sir James Perrott: - The Offence particular to him that preferred the Bill; and so both a Disgrace to him, and Discouragement to others. That he condemned it, before he heard it: - Which passed this House the last Parliament. - To be displaced.

Sir Jo. Strangwayes: - That he may participate of the Grace of this Day. - His paralleling Davyd's Dancing to Dancing at a May-pole; which a general Scandal. Moveth, a Confession of his Fault; and then to admit him again.

Sir Bap. Hicks concurreth with Mr. Pymme. - That his Actions worse than his Words.

Mr. Weston: - That the Words and Actions concurring. - Never heard so bad Words with so unseemly Actions.

Mr. Crew; - The seventh Day God's Day: A Bill for sanctifying it passed the last Parliament. - Bacchanalia. - Quo animo he spake it, - Is against imprisoning, fining. - To discharge him of the House.

Sir Jo. Jephson: - Remembereth a main Wrong by him. - The Sabaoth grounded upon God's Rest. - His ridiculous impeaching of the Word Sabaoth. - At least to remove him.

Mr. Tomkyns: - An Error in Discretion and Judgment. - The wisest may err. - To do as would be done by. - An Act of Charity, and Wisdom, to moderate his Punishment.

Mr. Serjeant Towse: - To correct him; not to destroy him: To displace him, and no farther to punish him.

Sir Edw. Coke: - Maxima charitas facere justitiam. -

Religion Two Extremes; Superstition, Atheism. - Hath inclined to the last. - Four Parts of his Speech: 1. Against the Title and Body of the Bill. - Meddleth not with his Speech therein, though immoderate. 2ly, His Scandal against Justices of Peace. - The best Government in the Christian World. This not to be scandalized in a Parliament. No Obedience, without Reverence. - His Profaneness monstrous. - David's Dancing - to a May-pole. - Doubteth his inclining to Superstition and Profaneness, To give way to Profaneness, the Way to Atheism. - To this House. - Hath crushed the Egg in the Shell, by wronging the Preferrer of the Bill. - That never One of the House maketh a Mouse-trap for a Puritan. That this Bill passed this House last Session. A Condition in Law to every Office; misuser, disuser, and non-user. This a misuser of his Place. - The Writ ad consultandum de arduis regni, concernentibus ecclesiam et statum. - To put him out.

Sir Geor. Chaworth: - Sithence he one of the busy young Lawyers, in the Proclamation, and ought not to have been elected, let him be put out.

Mr. Solicitor: - Freedom of Speech, by the King's Message, upon a Condition; we therefore must punish; else the King no Reason to trust us with the Punishment of any Member of the House. - To call him to the Bar, and then judge.

Sir Wm. Strowd: - A young Man, never of the House before, so busy in such a Matter. - We should do him a Pleasure to put him out.

Mr. Harrison: - In respect of his Protestation, that he meant no Member of this House, wisheth Favour to him.

Sir Edw. Mountague: - So profane, seditious, and arrogant a Speech, never heard in this House. - No Question - put him out of the House. - To have him remain in the Serjeant's Hands, till he acknowledge his Error under his Hand.

Mr. Secretary: - That his Majesty, sithence the last Meeting in Parliament, hath written something contrary to this Bill. - Disliketh his Words and Actions. - To put him out of the House.

Sir Jerome Horsey: - In all Parliaments Care for sanctifying of the Sabaoth. - To put him out of the House at least.

Sir Geor. Moore: - Lightly religious, if take Crime lightly. - Moveth, to call him first, and then hear him.

Mr. Chidleighe, - against his coming to the Bar, to be heard for any Excuse; but, for his Judgment. - That unworthy of the House.

Sir Edw. Gyles: - To come to hear his Sentence, at the Bar.

Mr. Shervyle: - First to agree upon a Sentence, before he be called to hear it. - That unworthy to sit here, for not well-affected; as hath discovered, by calling the Laws against Papists, Gynnes, Barracadoes, &c.

Mr. Glanvyle: - His Speech a general Invective; which of another Nature, than a Word let fall casually. - To put him out.

Mr. Towerson: - That he confessed he was not at the first Reading, and came late at the second; yet spake with that Arrogancy, as never heard here.

Mr. Glanvyle: - That he began his Speech before Mr. Speaker did open the Bill. This sheweth, he came premeditated; and therefore his Punishment the greater.

Sir W. Heale: - To hear him first at the Bar, before censured.

Mr. Serjeant Davys, contra.

Mr. H. Finch: - Not to call him to the Bar, to hear him; because all heard him, what he said: Contra, where it is upon Matter not heard in the House.

Sir H. Withrington: - To call him first to the Bar.

Mr. Finch: - To put the Question, whether he shall come to the Bar or not.

Sir Nath. Rich: - Not to call him but to hear his Sentence.

Sir Wm. Cape, accordant; because all the Offence passed in this House.

Upon Question, to be removed out of the House.

He called to the Bar, upon his Knees; Mr. Speaker let him know, the House resolved, his Offence great, exorbitant, never the like; and pronounceth the Sentence of the House, for his Discharge; which very merciful; for might have imprisoned, and further punished, him.

Warden of Fleete.

The Warden of the Fleete to be heard. -