Martis, 5o Julii

Subsidies.

L. 2a. AN Act for the Grant of Two intire Subsidies. -

Mr. Delbridge: - That Commissioners tax Men higher and lower, at their Pleasure, not respecting the Taxations brought in by the Taxation -

Committed to a Committee of the whole House : - Two Clock this Afternoon.

Tonage, &c.

L. 1a. An Act of a Subsidy of Tonage and Poundage.

Privilege.

A Petition of Sir Francis Worteley, read.

Ordered, Mr. Speaker shall write a Letter, for Stay of the Suit in Star-chamber. The Contempt referred to the Committee of Privileges.

Sir Edw. Coke: - That 17o Ed. IV. Informations by the Attorney-general, in the King's own Name, stayed by Order here.

Ditto.

A Letter to be written, for Stay of a Suit in Chancery, for Sir W. Dixy; and a Warrant to the Party, and he to have Privilege.

Royal Assent not to determine Session.

L. 1a. L. 2a. An Act that this Session of Parliament shall not determine by his Majesty's Royal Assent to any Act or Acts of Parliament : - Committed to a Committee of the whole House : - This Afternoon, after the Subsidy done.

Tonage and Poundage.

L. 2a. An Act of a Subsidy of Tonage and Poundage. -

Sir W. Earle: - That the Turkish Pirates come into our Seas, and take our Ships at our Doors. - Pretermitted Custom drawn in by this Statute. - To commit it to a Committee of the whole House.

Sir Ro. Phillippes: - That this Bill temporary, till 21 H. VI. sithence granted for Life. - Three Additions to this Bill: 1. Limitation of Time. - To make it temporary, till the Payment of the last Subsidy. - 2. A private Saving to all Officers, who have collected this sithence the last King's Death. - A Thing much questioned 1o Jac. - 3.

A publick Saving,. that nothing in this Act may be pressed against us, for Maintenance of Impositions. - To commit it.

Mr. Solicitor moveth, to commit the Bill to the general Committee of the whole House.

Sir Edw. Coke: - Disliketh the Word, " Advice of the Lords."

Message to Lords.

Sir Edw. Coke to desire the Lords to hasten the Passage of the Bills we have sent unto them. -

Tonage and Poundage.

Mr. Rol/e: - 1 H. V. this Subsidy granted, but for One Year: 2 H. V. for Three Years. Sir Francis Seymour: - To have this Bill limited to our Lady-day next.

Mr. Bateman: - No Impositions, nor pretermitted Custom, when this Bill formerly passed. - To have the Book of Rates surveyed. -

Committed to a Committee of the whole House : - This Afternoon, after the Subsidy Bill, and that for the Session, done.

Answer from Lords.

Sir Edw. Coke reporteth from the Lords; that the Lords have appointed the Committee, about Alteration of the Petition of the House, to meet presently; and have appointed Four Lords -

Yorkshyre Election.

Sir Geo. Moore: - That Sir Jo. Savyle, though he received the Case Yesternight very late, so as he could not peruse it till this Morning, yet his Answer ready ; and desireth to be heard a few Words in the House, upon the Delivery thereof.

Dispute, whether Sir Jo. Savyle being called in, the Bar should be put down.

Resolved, The Bar shall not be put down.

Sir Jo. sheweth, the Case was not delivered him till this Morning; yet hath given an Answer, to make an end of this Business.

Moveth, Sir Tho. Wentworth, Sir Tho. Fairfax, and the Sheriff, may subscribe the Case delivered Sir Jo. Savyle; that they may, upon their Reputations, avow so much as concerneth their own Knowlege, to be true; and that they believe the rest to be true : Which they accordingly did.

Sir Jo. Savyle delivereth in his Answer; and, required by the House, subscribed it in the same Manner.

Sir Tho. Wentworth: - That it exceedingly importeth him, to make good what he hath set down upon his own Knowlege. - Which being denied ; desireth Liberty for his Defence by Counsel, and Witnesses.

Mr. Whistler : - Admitting the Case, as Sir Tho. Wentworth, &c. have set down, yet the Election not good. - Is against the Shutting of the Gate. - The Freeholders interessed, as well as Sir Jo. Savyle; so as he, being particeps criminis, cannot wrong the Country.

Sir Geor. More: - That the Sheriff hath misdemeaned himself: Yet doubteth, the Election not void.

Mr. Solicitor: - That, admitting this Case, Sir Jo. Savyle in the Wrong : For the Sheriff having adjudged the Election of Sir Tho. Wentworth and Sir Tho. Fairfax, and returned them : this standeth good, till avoided by plain and good Matter. If he denied the Poll, good Cause to avoid the Election; or if he do any thing unfitting in it; but if Sir Jo. Savyle disturbed the Election, and so made it impossible for the Sheriff to go rightly on with the Poll, then no Default in the Sheriff.

Mr. Rolles, contra. - The not pursuing the Poll, and denying the Poll, all one. Sir Jo. Savyle could not wave his Election, being elected; therefore his Interruption made not the Election and Return of the other good.

Motion made, for Counsel to be heard for Sir Tho. Wentworth, to have Counsel: The Voice doubtful: The House divided : The Yea went out:

Tellers for the Yea, Sir Francis Seymour, Mr. Wandesford :

For the Noe, Lord Cavendish, Sir D. Digges :

With the Yea, 94.

With the Noe, 133.

Difference 39.

A Motion from Sir Tho. Wentworth, that he may be heard a few Words.

Debate about it. Sir Jo. Ellyott against it.

Upon Question, Sir Tho. Wentworth to be called in.

Sir Tho. Wentworth openeth his own Case; in the Particulars. - That the Sheriff had no Power, when new Men were let in, to give them Oath, whether they were present at the Election or not; for a Praemunire, if he

had, having no Power, by the Statute, to minister that Oath, and so impossible. - Moveth, for Stay of the Resolution of this Business, being Matter in Law, may be referred to a full House.

Sir H. Anderson moveth, to have it deferred till Tomorrow.

Sir H. Mildmay, contra.

Upon Question, this Business to be now determined.

Mr. Glanvyle: - Adjudged, in the Case of Arondell, that so many, as came in, during the Polling, had Right of Voices. So in the Case of Gloucester.

Upon Question, Resolved, That the Case concerning the Election of the Knights for Yorkeshyre, being admitted, the Election of the said Knights is not duly made ; and a Warrant, for a new Election:

Resolved, upon the Question, That the Sheriff shall be no further questioned, concerning the Election or Return of the Knights of Yorkeshyre.