Die Martis, 28° Aprilis, 16° Car. Regis,
Exporting Wools; &c.
AN Act against the Exportation of Wools
and Woolfells, Mortlings, Shortlings, Yarn
made of Wool, Woolflocks, Fullers Earth, and Fulling
Clerk of the Market, &c.
vice lecta, An Act for the better Ordering of the
Office of the Clerk of the Market, &c.
The Committee for Mr. Smart's Petition, being now
sine die, is ordered to be continued de die in diem, till the
Business be dispatched.
Some Indentures sent up with Blanks out of the remote Parts of the Kingdom, especially * * * *
Sir W. Erle, Mr. Rowse, Mr. Upton, Sir Wm. Masham,
Sir Jo. Hotham, Sir Jo. Strangewayes, Mr. Kirton;
This Committee, or any Three or more af them, are
to peruse the Indentures of Returns, to see if any be returned with Blanks: And to this Purpose, they have
Power to send for the Clerk of the Crown to attend them
with all the several Indentures; and have Power to send
for Witnesses, and to use any other Means of Discovery;
and are to meet at Two post Meridiem, in the Committee Chamber.
-Referred to the Committee for Privileges, to view
forthwith the Indentures concerning Mr. Burlasse's Election; and if it shall appear upon the bare View; to pusue the Effect of the former Order made.
Resolved, upon the Question, the Question touching
Mr. Burlacyes's Election to be declined.
Election of Members.
vice lecta, An Act for the more due Election of
Knights, Citizens, and Burgesses, to serve in Parliament.
Mr. Jones reports from the Committee of Privileges,
that Mr. Strood, Mr. Harding, and Sir Amias Meredith,
were all returned for the Town of Beere-elston in the
County of Devon.-The Sixteenth of March, upon true
Notice to the Inhabitants, Twenty-six appeared; and at
that time Mr. Strood, Mr. Slainy, and Mr. Wilde, were
Competitors; and Election was so far made at that Time,
that Mr. Strood should be a Burgess for that Town, if
either Mr. Slainy or Mr. Wilde were made Knights of the
Shire, for the Counties of Devonshire or Cornwall.-
Adjourned again to 27° Martii-Then cometh other
Two Competitors, with Mr. Strood, Sir Ananias Meredith,
and Mr. Harris, who had Seventeen Voices, Sir Ananias
Meredith Twelve Voices, and Mr. Strood had but Six.-
This is the Fact of the Case.
But in the Disposition of it, by Proof, the Point falls
out to be,-Whether there was a clear Election of Mr.
Strood the first Day:-2. Whether with a Condition:-
3. Whether, though but with Six Voices at the last Election, it shall avoid the First Election.
In Debate of this Case, they all agreed, that if in case
he was well elected the first Day upon Condition, it was
good de facto; for Mr. Wise was made Knight of the
Shire: A great Part were of Opinion, that a Condition
to an Election was void; for, by the Laws of this Realm,
they conceive, that Elections ought to be free; and to
have a Condition, precedent or subsequent to an Election, was against Law: But these Disputes were at last
set out of Doors; and they found the Election absolutely
was clear for Mr. Strood the first Day, and no Condition
at all.-Mr. Wise and Mr. Slainy, both before and after
the Election, made a Declaration, that if either of them
were Knights of the Shire, that Mr. Strood should have
the first Place as a Burgess:
They conceived the Election was clear; and, upon
the Question, they voted, that Mr. Strood was clearly
There was an Exception taken, because he was, de facto.
chosen the Second time.-If the first Election was clear,
the Second concludes him not.
They objected, his Indentures were last returned.-
Priority, in the Return of Indentures, worketh no
Disadvantage to him that comes last.
So it was voted, the first Election was good, and without any Condition: And Mr. Harris sworn, without
It is Ordered, That Mr. Strood shall be admitted to
come into the House, according to the Report of his due
Declared, That no conditional Election ought to be
Mr. Jones' Second Report from the Committee of Privileges.-That the Election for the Town of * in the
County of * did belong to the Bailiffs, Portreves,
and ancient Burgesses, of that Town; that there was
some Misdemeanors in one Franklin, that got the
Præcipe in the Bailiff's Hand; and caused a new Election, for his own Ends; and returned Burgesses, under
the Hands of an Officer, to whom the Warrant was not
It was denied, on the other side, that the Election of
Burgesses did belong to the ancient Burgesses of the
Town; which were, the Bailiffs, Portreves, and those
that had been Officers in the Town; and, that the Election was free to every one that paid Scot and Lot.
The Committee being not satisfied, that it did belong
to the ancient Burgesses by Prescription; they remitted
the Election to the Inhabitants that paid Scot and Lot;
who chose Mr. Harding and Mr. Sayer.
Resolved, upon the Question, That, in the Opinion of
this House, Mr. Harris is well elected, and well returned,
and ought to sit in the House: And ordered to be called
Resolved likewise, upon the Question, That, in the
Opinion of this House, Mr. Strode is well elected, and
well returned; and shall accordingly serve in this House.
Ordered, both these to be called in.
Ordered, the Third Indenture for the Return of Sir
Amias Meredith shall be taken off the File, and withdrawn.
Moved, That no conditional Election shall receive any
Countenance here in this House.
Resolved, upon the Question, That, in the Opinion of
this House, grounded upon the whole Report now made
by Mr. Jones, Mr. Harding and Mr. Seymour are well
elected, and well returned, and ought to serve in this
Jones' Double Return.
Ordered, Mr. Jones to be dispensed with from being
concluded within the Order, for making his Choice within
Ten Days for what Place he will serve, being doubly
returned, till this House shall farther order it.
Conference with Lords.
Resolved, upon the Question, That the Matter of Ad-
dress unto their Lordships shall be, in Substance, agreeable to that expressed in the Paper here thrice read, and
ordered to be entered.
Mr. Pimme to go up to the Lords, with this Address.
Ordered, Mr. Treasurer to go up to their Lordships, to
desire a Conference, concerning something that happened
in the late Conference with their Lordships, touching the
Privileges of the House of Commons, by a Committee of
both Houses, if their Lordships shall so think fit.
Mr. Treasurer returns Answer from the Lords, That,
according to the Command of this House, he has delivered their Message; and that their Lordships desire the
Conference may be presently in the Painted Chamber, if
we shall so agree.
Lords Interference in Matters of Supply.
Both Houses met, and, at the Conference, Mr. Pimme
delivered unto their Lordships, the Substance of this, that
Die Lunæ, 27° Aprilis, 16° Car.
At the Committee in the Court of Wards, at Two of
the Clock in the Afternoon, and adjourned thence to the
Committee Chamber, at Seven of Clock, 28 April, for
preparing, in Writing, an Address to the Lords, according
to the Order of 27 April, do conceive, and humbly
That a Message be sent to the Lords, wherein the
House desires a Conference with their Lordships, upon
the Occasion of some Matters arising in the last Conference with their Lordships, on Saturday last, which they
conceive do trench upon the Privileges of the Commons
That, at the Conference, it being admitted by their
Lordships, that Matters of Subsidy naturally and properly
belong to this House; and that their Lordships would not
meddle therewith, or give their Advice therein, but had
declined it; the Committee therefore conceived, that this
House shall not need to labour therein, or to think of
any Precedents or Reasons, for the Maintenance of this
That, notwithstanding this Declaration, their Lordships have meddled with, and advised, concerning, both
the Matter of Supply, and the Time when the same should
be made; and that, before such Time as the same was
moved to them by the Commons; as appears by their
Lordships Declaration, viz. "That they had voted, that
they held it most necessary and fit, that the Matter of
Supply should have Precedency, before any other Matter
or Consideration whatsoever; and therefore desired that
Conference with the Commons, to let them know their
Lordships Reasons: And that, That being taken into Consideration and done, by the Commons, their Lordships
would freely join with them in all that concerns Matter
of Religion, Propriety of Estate, and Privilege of Parliament."
The Course the Committee does offer for Repair of this
Breach of Privilege, is,
That their Lordships be desired in their Wisdoms, to
find out some Way of Reparation of their Privileges for
the present, and of Prevention of the like Infringement
for the future.
And whereas the Committee was induced to conceive,
that their Lordships had been informed, that the Commons, upon Debate thereof, had taken into their Consideration the Matters of Religion, Property of Estate, and
Privileges of Parliament; and that they were to have
Precedency before Supply; which might occasion their
Lordships voting concerning the Supply; they humbly
offer, that the same may be presented to their Lordships,
in Words to this Effect:
That, in case their Lordships have taken notice of any
Orders or Proceedings of the Commons, concerning Matters of Religion, Property of Estate, and Privileges of
Parliament, that they were to have Precedency before the
Supply, which they have some Cause to conceive by those
Words, "that This being done, their Lordships will
freely join with the Commons in these Three Things;"
For the Avoiding of all Misunderstandings between their
Lordships and the Commons, for time to come, they
desire their Lordships, hereafter to take no notice of any
thing which shall be debated by the Commons, until they
shall themselves declare the same unto their Lordships;
which the Commons shall always observe towards the
Proceedings of their Lordships; conceiving the contrary
not to stand with the Privileges of either House.
The Committee returned from their Conference; and
Mr. Pimme informed the House, That, according to their
Command, he attended the Service of waiting upon the
Lords with the Address; their Lordships Answer was,
they would report it unto their House, and return Answer
in convenient time.
Ordered, Thanks should be returned Mr. Pimme from
this House, for the good Service he did them, in his
exact and faithful Delivery of this Address.
The select Committee, appointed on Friday last, for
preparing and giving Directions for the Managing of the
Conference to be desired with the Lords, upon those
Heads that Day resolved upon, shall meet this Afternoon
at Two of Clock, in the Exchequer Chamber; and shall
report it to the House To-morrow Morning, if possible
Report, & to be entered.
Ordered, That both the Reportmade Yesterday by the
King's Solicitor, and the Message delivered this Day to
the Lords by Mr. Pimme, shall be entered in the Journal
of this House.
To expect the Message from the Lords, concerning