Veneris, 30 Novembris

Writs " Ad quod damnum :"

" Ad quod damnum :" - Wednesday next; and all, that will come, to have Voice.

The Prince's Exchange.

L. 2a. An Act for Confirmation of the Exchange of Lands between the most excellent Prince Charles, and Sir Lewes Watson Knight: - Committed to Sir Geor. Moore, Mr. Murey, Sir H. Poole, Mr. Mallett, Sir Francis Fane, Mr. Earle, Mr. Finch, Mr. Alford, Sir Ro. Carye, Sir Rich. Knightley, Mr. Chancellor Duchy, Attorney of the Duchy, Sir W. Heale, Sir Jo. Davers, Mr. Carye: - Saturday Afternoon, in the Court of Wards. Sir Ro. Carye to take the Bill.

Grievance - Imposition on Malt.

A Petition from the Brewers, read. - For 4d, upon a Quarter of Malt. Mr. Snelling .- - This the greatest Grievance, that ever brought into this House. - To have a speedy Hearing.

Mr. Treasurer: - That this by Composition with the King, by the Brewers, under their Hands. That one committed by the Lord Steward, for insolent Speeches. This no other, but as all other Compositions are.

Sir Ro. Phillippes: - Here Imposition upon home Commodities, against Law; and Imprisonment. - If the Imprisonment for ill Words, we not to meddle: If their Composition voluntary, and without any Constraint, we not to meddle neither.

Sir W. Earle: - That this a great Grievance, and was in hand to have spread over other Parts of this Kingdom.

Sir Geor. Moore: - Difference between an Imposition, and a Composition. - To hear it, and with great Respect to the King.

Mr. Yarrow: - This a Composition in the Nature of an Imposition: For Six Brewers imprisoned long time, and lay there, till they agreed to pay; or else must have lien there still, and have had their Beer taken away long together, without any Money. - That the Thing demanded of One of them, more than he is worth.

Sir H. Poole . - To examine this by a special Committee.

Mr. Mallett: - That the King hath Composition for Corn. - Knoweth not, how he can have a double Composition by Beer, &c. - To have it the first Cause this Afternoon, before the Committee of Grievances.

Sir Tho. Wentworth: - A Select Committee.

Mr. Alford, contra. - For this Cause concerneth the whole Kingdom. - No such Tax ever upon Freemen. - This toucheth our Right and Interest. - To have this therefore the first Cause this Afternoon, before the general Committee of Grievances.

Upon Question, this to be the first Cause, at the Grand Committee for Grievances, this Afternoon. -

Sir Wm. Fleetwood moveth, to read the third time. -

All the Lawyers of the House to be warned to be here this Afternoon, for this Cause; and particularly Mr. Solicitor ; and the Prisoners, with their Keeper, and Counsel, if they will have any; and the Undertakers.

Master of the Rolls: - Not to meddle with this, till the Petition for Religion passed. - To hear the King's learned Counsel.

Resolved, To hear the King's Counsel, if they will come.

Sir Edw. Sackvyle: - That they, which have committed them, may enlarge them, lest the Keeper dare not bring them.

Person sent for.

Sir Edw. Gyles, - for a Warrant to the Serjeant, to send for Napper. - And Ordered.

Privilege.

Sir Ro. Phillippes: - That one Minott hath served a Citation upon Mr. Bruerton: - Prayeth a Warrant for him: - And Ordered.

Privilege - Prosecution of a Member.

Sir Ro. Phillippes reporteth from the Examination of Farrington, by himself, Mr. Finch, and Mr. Spencer. -

That he hath confessed, he had been dealt with, sithence Easter Term, by Goldsmyth and Lepton, to contribute towards the Prosecution of Sir Edw. Coke. That Goldsmyth shewed him a Warrant, which Lepton said, the King should sign. That he said, as great as any in England, interessed in this Business. -

That the Lord Haughton advised a Petition to his Majesty. -

That he confessed, Mr. Goldsmyth told him, my Lady Hatton, the Lady, who mentioned in the Letter mentioned before, -

That he confessed, he heard. Sir Edw. Coke should go a Commissioner into Ireland: And that Lepton said, That was true, in case the Business in the Star-chamber did not crush him; else, not. That he confessed, Goldsmyth and Lepton told him, the Cause -

That they, sending to Hudson, they desired him, as private Men, to let them know, whether he had framed any such Bill against Sir Edw. Coke. That Lepton came to him, and pressed him to draw a Bill; which he refused,

till he received, by Lepton, a Warrant, to draw a Bill, and commanding him Secrecy. -

That they, having no Warrant to examine Hudson, forbore to press him further, till the Pleasure of the House known.

Power given the former Committee, to examine Hudson, or any other, that shall be discovered to know any thing in this Business: And Farrington to attend the House; and Mr. Goldsmyth to remain still in the Serjeant's Custody.

Exactions by Customers.

Mr. Glanvyle reporteth the Bill against Exactions of Customers (which was re-committed) with Amendments ; which twice read. - Engrossetur.

Imprisonment.

L. 3a. An Act for better securing of the Subjects from wrongful Imprisonment, and Deprivation of their Trades and Occupations, contrary to the 29th Chapter of the Statute of Magna Charta : - Upon Question, passed.

Transporting Wool, &c.

L. 3a. An Act against Transportation of any Wool, Wool-fells, or Fullers Earth, &c. -

Sir Ro. Jackson moveth, a Proviso for Berwicke (which hath been always granted) and tendereth it in Parchment: Which read.

Sir Ro. Crane: - That this Proviso pressed at the Committee, but thought very inconvenient, because they may then transport Wool at their Pleasure. - Resolved heretofore, to petition his Majesty, that no Transportation of Wool out of Scotland,

Mr. Speaker: - That this Proviso only for Wools growing about Berwicke.

Sir Wm. Spencer: - That this Wool, growing there, hath no such Mark, whereby it may be known from other Wool; so as, under Colour thereof, may transport any Wool.

Mr. Glanvyle, accordant.

Sir Wm. Gray : - That this Wool so coarse, as not fit for Clothing.: - If this Proviso may not be accepted, Berwicke, and the Country adjoining, being poor now, will be Beggars then.

Sir H. Withrington, accordant. - No Part of England venteth their Wools, they are so coarse. - Cannot now sell their Sheep. - Thinketh, many hundreths, in his Country, will this Year starve for Want of Bread.

Sir Tho. Wentworth : - That heretofore these Wools coarse, now their Breed much amended; so as now as good Wool there, as in most Parts of this Kingdom ; and is now bought by Yorkeshyre Clothiers.

Sir Tho. Riddall: - That this Bill restraineth Carriage of Wool into any foreign Parts ; which intended beyond Seas; so as may be carried into Scotland, and then from thence it may be transported.

Mr. Brooke:- At least 30 Statutes made againstTransportation of Wool, and Berwike always excepted. -

Doubteth, their Breed now as coarse as before : So as this quaestio facti, - That the Wools, within the Precinct desired, so coarse, as may be easily known.

Mr. Mynn: - Hath lately seen the Manufacture of the Netherlands, and their Materials : Saw there English Wool, and Fullers Earth, brought out of England, as plentiful as here. - That they confessed, they could make no Cloth, without Fullers Earth ; and could have none nearer than Silesia, except in England.

Mr. Mallory : - That the ordinary Sheep about Warwicke, and those, which will prosper there, are exceeding coarse.

Sir Chr. Hildyard: Not above five Parishes, for which this Proviso required.

Sir H. Poole, - against the Proviso. - Resolved so, both at the Committee, and here. Affirmed at the Committee, that this Circuit great, and their Wool good. - Will be a Back-door.

Sir Edw. Gyles; - That more to be gotten by the Trade of coarse Cloths, than fine. - Have good Vent for their coarse Wares.

Mr. Sherfeild, - against the Proviso. - A little coarse Wool on the One Part; suffering a Back-door on the other Part; and so a Proviso against the Body of the Act. -

So Dr. Gooch. - That the Proportion, in this Circuit, of Wool may be 10,000 Todd.

Upon Question, this Proviso not to be added to the Bill.

Sir Edw. Sackvyle: - That a Merchant's Servant may pack up Wool, contrary to his Master's Knowlege; and yet, by this Bill, shall be a Felon.

Mr. Glanvyle : - This debated at the Committee, and provided against. - " Willingly and knowingly."

Mr. Fanshaw: - This a very beneficial Bill to the Commonwealth, yet defective: For, being made Felony, hath no Court, or Judges, appointed to try it; nor in what County.

Mr. Alford: - That this Bill wanteth the main Provision we intend to make. - Their Wool good: Their Shores 50 or 60 Miles long: Cliffs 80 Foot high. Carts carry Wool to the Top of the Cliffs, there throw them down; then strange Shippers throw them down into their Ships, and they carry the Wool away.

Mr. Carvyll: - To make it a Probationer. - Doubteth, this will prove the greatest Monopoly, that in England. - The Bill against Monopolies not yet passed.

Sir Tho. Wentworth : - All Laws, we pass here, may be dispensed with, as Monopolies: And as the Law can not be undone, being perpetual, without the King's Consent; so make it a Probationer, and the King may dissolve it, without us.

Sir Ro. Crane reneweth Mr. Fanshaw his Motion. - that Irishmen may be subject to this Law, as well as English.

Sir Francis Goodwynn. - To add, " wittingly and willingly, and thereof lawfully convicted."

Master of the Rolls : - That this may be tried in the Admiral Court of England, not by the Admiral's Power, but by a Commission of Oyer and Terminer.

Mr. Cage: - That " wittingly and knowingly, by the Merchant," purposely left out; because the Merchant packeth it at home; and cannot be done by One Servant secretly, but many must take Notice of it.

Mr. Chancellor of the Dutchy : - To make it a Probationer ; because Two Knaves may else question a Man of great Estate, for his Estate and Life.

Mr. Sherfeild: - A Man cannot, in this Case, be a Felon, without doing the Act willingly and knowingly.

Mr. Rolles concordeth with Mr. Fanshaw. - This not triable in the Admiral Court. That Trial not intended by this House. Nothing of this Offence, done in Ireland, can be tried in England. No Provision, for Fullers Earth to be carried into Garnsey and Jersey.

Mr. Pope remembereth Mr. Alford's Exception.

Serjeant Towse: - Where any Part of the Offence done upon the Land, and the principal upon the Sea, triable upon the Land. - Cannot transport, or cause to be transported, except do it willingly ; and that will include those, which do that alleged by Mr. Alford.

Sir Tho. Hobby : - To make it a Probationer.

Mr. Noy, - for Provision of carrying live Sheep for fresh Victual.

Mr. Beecher: - No Wool-fell, as long as upon the Sheep's Back.

Mr. Weston: - No Provision for Wool-beds of Mariners.

Sir J. Horsey : - To have it a Probationer. - So Mr. Alford.

Mr. Neale : - To add, " by Way of Merchandize."

The Debate of this adjourned till To-morrow.