Lunae, 4o Julii

Duchy of Cornwayle.

L. 2a. AN Act to enable the King's Majesty to make Leases of Lands, Parcel of his Highness' Duchy of Cornwayle, or annexed to the same : - Committed to the Knights and Burgesses of Devon and Cornwayle, and all the Lawyers of the House : - Two Clock this Afternoon, in the Court of Wards.

Cheltenham Manor.

L. 3a. An Act for the Settling and Confirmation of the Copyhold Estates, and Customs, of the Tenants in base Tenure, of the Manor of Cheltenham: - Upon

Question, passed.

Privilege.

Mr. Delbridge moveth the Case of Mr. Bassett, referred to the Committee of Privileges.

Yorkshyre Election.

Sir Geor. More reporteth from the Committee for Privileges, 1. The Case for the Knights of the Shire for Yorkeshyre. - That the Sheriff charged, 1. That, upon his View, without Poll, he gave his Judgment for Sir Tho. Wentworth, and Sir Tho. Fairfax, to be Knights; where Sir Jo. Savyle most Voices: 2ly, That, when the Poll required, he said, it was only of Courtesy to grant it: 3ly, That he began the Poll, but, having polled about 35, brake it off. That nothing objected against Sir Tho. Wentworth, or Sir Tho. Fairfax. That the Sheriff being heard, he, upon Saturday was sevennight, was required to answer the Matter in Fact; but he required to do it by Counsel, yet acknowledged the Poll was demanded; but, that it was granted e'er demanded. Being demanded, whether he began not the Poll, and brake it off; he acknowleged it, but desired, by his Counsel, to answer to the Breaking it off. That, upon Tuesday last, he, by his Counsel, alleged, that the Day of the Election, after Eight of the Clock, he made Proclamation, and read the Writ, at the usual Place. That the Writ being read, he caused the Gates being shut; he took a View of the Freeholders, and returning, said, he thought Sir Tho. Wentworth and Sir Tho. Fairfax had double the Voices to Sir Jo. Savyle. That he chose to take the Poll, at the Postern Gate; and, having polled about 35, heard, the Fore Gate was broken open, and many Freeholders gone out, upon Sir Jo. Savyle's Persuasions, that the Taking of the Poll would last many Days. That hereupon he brake off the Poll. Desired Time for his Witnesses. - Some of the Committee against the Time; because would be but a Delay : Others that they believed his Allegation; and therefore no Cause for his Witnesses: Others, that, in Justice, his Witnesses were to be heard; who could better prove, than himself, who was at the Polling further off. - 42 Committees ; whereof 17 for Time, the Residue against it.

Sir Tho. Wentworth: - That he hath never sought to delay his Cause; only desirous to have it heard in a legal Manner. - 1. For the Number; it will be proved fully, that without all Question, that the far greater Number for him, and Sir Tho. Fairfax. 2ly, For the Quality; the Return by the greatest Number of Men of Quality, than to any Return these 20 Years. That, on Sir Jo. Savyle's Side, divers out of an House, where the Master himself no Freeholder; but said, they were Freeholders. -

That his Case, for the Poll, thus: The Poll demanded by Sir Jo. Savyle, with a Cavil, but with no Intention it should proceed. That this Demand of the Poll was after Eleven Clock. That the Sheriff shut up the Fore Gate, went to the Postern Gate; and being without, the Poll, by the unlawful Act of Sir Jo. Savyle himself, interrupted. - Desireth, this Case may either be granted him, or denied him : If granted, that his Counsel, To-morrow, at the Bar, may maintain the Law to be for him : If denied; that he may be admitted to prove this Case by his Witnesses ; which was never denied to any. That his Case not like that of Cambridgeshyre, where the Sheriff was there demanded the Poll, and performed it not. 2ly, For Pomfrett; the Poll broken off by the Parties returned.

Sir Christopher Hildyard: - That about Ten of the Clock, he, for Sir Jo. Savyle, demanded the Poll: The Sheriff said, it was not then Time ; but should have it. That Sir Jo. Savyle's Company stayed -

Chancellor Duchy: - Either Sir Tho. Wentworth's Answer must be acknowledged true, or Witnesses must be heard.

Mr. Solicitor, accordant.

Sir Edw. Coke: - Two Things considerable. - Liketh not the Sheriff's Answer, that he needed not grant the Poll: For bound to grant it. - But not to strike these Gentlemen through the Sheriff's Sides. - 1. Whether the Demand of the Poll in due Time. - The Poll the true Trial. Neither View nor Voice can judge it. - 2ly, Whether he that demanded the Poll, brake it off, or was the Means of it. - Impotentia excusat legem. - That we cannot, in Justice, deny them Proof of the Matter in Fact.

Mr. Glanvyle: - If the Poll were demanded before Eleven, but not granted before, then the Poll not granted at all; because the Time for the Election past: And it like the Case of Cambridshyre; wherein the House resolved, that the not Polling, where demanded, a Misdemeanor in the Sheriff. 2ly,That in that Case, also, the Election and Return void, by Reason of the not Granting of the Poll.

In the Case of Pomfrett, the Election not holden good, of Sir Jo. Jackson, though his Adversary, Sir ... Beaumont, interrupted the Poll. -

Sir Francis Seymour: - That the Poll demanded, and granted, before Eleven. The Shutting of the Gate fit, to exclude other Freeholders, who might come in, and give their Voices now, when the Time for the Election was past.

Serjeant Towse: - To hear Witnesses, to prove the Matter in Fact.

Sir Edw. Gyles: - That Sir Jo. Savyle caused the Gates to be opened, but that this was -

A Petition from Sir Jo. Savyle read.

Another Petition from the Sheriff of Yorke, read.

Sir Tho. Hobby: - That Witnesses must needs be heard.

Mr. Wandesford. - The Question to be, about the granting Time for Witnesses, for the Gentlemen returned, or for the Sheriff.

Sir Francis Goodwyn moveth, that Sir Tho. Wentworth, Sir Tho. Fairfax, and the Sheriff, may set down the Particulars of Sir Jo. Savyle's Disturbance; that the House may judge of it.

Sir Cl. Throckmorton: - That the Sheriff may have Time for his Witnesses.

Mr. Lowther: - If the House shall now judge the Sheriff whether it be with him, or against him, this may be afterwards crossed, upon an Action brought by Sir Jo. Savyle for a false Return.

Sir Edw. Coke: - That the Poll being broken off, it may be set down by the Sheriff, in particular, what Disturbance was made by Sir Jo. Savyle. To deliver the Sheriff's Petition to Sir Jo. Savyle: If he grant the Case in it, to judge it; if they deny it, then to give the Sheriff Time to prove it.

Sir Ro. Phillippes .- - That the Sheriff, and Sir Tho. Wentworth, and Sir Tho. Fairfax, are so joined together, as the one cannot stand, and the other fall.

Upon Question, Resolved, That the Case, in the Sheriff's Petition, and Sir Tho. Wentworth's, as he hath delivered it in the House, with the Particulars of the Interruption and Disturbance, shall be set down in Writing by them, and delivered Sir Jo. Savyle; and, upon his Answer, the House to give further Direction. This to be to Sir Jo. Savyle this Afternoon, and his Answer to the House Tomorrow Morning.

Business to be done.

To hear the Answer to the Grievances, and read the Subsidy, this Afternoon, and the Speaker to attend.

Member elects.

Sir Edw. Coke electeth Knight of the Shire for Norfolke,

Religion, &c.

Serjeant Davys and Serjeant Finch bring a Message from the Lords ; That they desire a Conference, about Five a Clock, this Afternoon, in the Painted Chamber, concerning the Petition lately sent unto them, concerning Religion: And that they intend to sit this Afternoon; and desire the same Committee, which was last with their last Committee, about the Fast -

Answer: That the House will give a Meeting to the Lords with the Committee, and how.....

Member elects.

Sir Ro. Hatton electeth for Sandwich.

Lunae, 4o Julii. Post Meridiem.

Oaths.

Mr. Caesar: - That he hath searched, and findeth with Mr. Saunders, the Riding-clerk, the Oaths, both for the Council of War, and Treasurers, which were taken by.....

This referred to the Committees.

Montague's Book.

Mr. Pymme moveth for Authority to send for the Party, or Witnesses concerning Mountague's Book.

Sir H. Martyn, and Sir Ro. Hatton, to be added to the Committee.

Privilege.

Foreman brought to the Bar, and charged, by Mr. Speaker, with the Words in the Petition preferred against him by Jones, concerning the Bill against Swearing.

Rich. Wakefeild justifieth the Speaking of the Words fully. Wm. Madox affirmeth as much.

Foreman to remain with the Serjeant, till further Debate.

Grievances.

Mr. Solicitor. - for his now Majesty's Answer to the Grievances.

Briefs.

The former Order, for Briefs, renewed.

King's Answer to Grievances.

Sir Edw. Coke moveth, the Answers may be delivered. in Writing, and annexed to the Grievances. 2ly, That, when the Subject complaineth of a Thing, against the Law, it is no Answer, " That this should be limited." - Therefore to petition the King for a fuller Answer. - 4ly, A select Committee, to consider which Answers not full.

Mr. Alford: - To appoint a Time for this.

Mr. Solicitor delivereth in the King's Answer to the Grievances.

Religion.

The Committee, about our Petition for Religion went up to the Lords. Sir Edw. Coke to make the Report ; and he intimate the Joy of this House for his Majesty's Presence at the Fast.

Subsidies.

L. 1. An Act for Grant of Two intire Subsidies. The Bill for the Subsidy to be read secondly Tomorrow Morning, at Seven Clock.

Adjournment.

Sir Edw. Coke reporteth from the Conference. - That the Lord Keeper said, he had lately received a Message from the King to the Lords and Commons. That the King had taken into his Consideration our Safety, yea, more than his own. That the Sickness strongly increased : That therefore, when we should hear the Commons were ready (for we would not hasten us in any thing) he would put an End to this Sitting -

Religion.

" Many Places, where no Instruction:" - And turn it to " some."

8. Ar. " Do countenance:" - "Who do, may, or shall, countenance." -

1. Remedy. - That the Particular of Conyers may be omitted; because he already removed, and punished; and the King will give further Order about it. -

5. Re. - That the King hath taken Order, that none of his own Subjects, Recusants, should serve the Queen :

- To turn therefore that Petition into Thanks, with Request, he will continue it. -

6. Would not have the Word, " Close;" but would have all restrained from Access to them, or Conference with them; and would have the like for convicted Recusants, imprisoned ; and would have this also for all Popish Recusants, convicted, being imprisoned for Debt. -

They enlarge it, that neither any foreign nor native Bishop shall give Orders. -

8. - They give way, that all Grants, void, or voidable, shall be avoided.- -

13. Ar. - That the King hath taken Order, that none of his Subjects, privileged, or other, come to hear Mass :

- To turn therefore our Petition into Thanks, with Desire of Continuance. -

14. Ar. - They desire, the Particular of Foster may be omitted; because punished in Part, and shall be more,

when apprehended; for Process out against him; and the Lord, that protected him, hath renounced him.

Instead of the general Commission, for looking to the Execution of Laws against Recusants, they change it to a Charge given by the King to his Judges, Justices of Peace, &c. to see them executed. -

In the Conclusion, Mention of the King's Promise : - They desire an Alteration ; - To give him Thanks for his Resolution; and [Desire] of the Continuance of it. - Thanks for his many gracious Promises.

Adjournment.

Resolved, To agree upon a Time, to be intimated to the King, for our Recess; and for the Manner of it ; whether by Adjournment, or with a Session, and a Bill, to continue all Things in statu quo. This to be done first To-morrow Morning.

Religion.

The Two first Alterations, upon Question, agreed.

So that, for Conyers.

So that for the Queen's Servants.

So the Alteration in. the Word " Close," &c.

So the next, for the Addition of the Word " Subject."

So for the Alteration, of looking into the Grants of Recusants Lands: - "' Void, and voidable, to be void."

So for the next, for Thanks; and a Petition, to continue.

Foster agreed to be omitted.

The special Commission to be left out.

The Alteration of the Conclusion likewise agreed.

For the Penning of these Alterations, Sir Edw. Coke, Mr. Solicitor, Mr. Recorder, Chancellor Duchy, Sir Nath. Rich, Mr. Pymme, Sir Edw. Sands, Sir Francis Seymor.