House of Commons Journal Volume 1: 15 June 1604 (2nd scribe)

Veneris, 15o Die Junii, 1604

Hay's Nat.

THE Bill for the Naturalizing of Sir James Hay, Knight, the second and third time read, and passed, upon the Question.

Vincent's Nat.

The Bill for the Naturalizing of Katherine Vincent, Elizabeth Vincent, Susan Vincent, Hester Vincent, and Mary Vincent, second and third time read, and passed.

Chanterell's, &c. Nat.

The Bill for the Naturalizing of Victor Chanterell, Peter Martin, Mentia Van Ursell, Wife of Geo. Aldrich Esquire, Sabina Aldrich, Edw. and Peregrine Aldrich, her Children, the third time read, and, upon the Question, passed.

Gordon's Nat.

The Bill for the Naturalizing of John Gordon, Dean of Sarum, his Wife and Children, third time read: Passed, upon the Question.

Throgmorton's Estate.

The Bill for the Enabling of Thomas Throgmorton, Esquire, to make Sale of certain Lands, for Payment of his Debts: - Third Reading, and passed.

Jernegan's Estate.

The Bill for Henry Jernegan, the younger, for the Sale of the Manors of Dages, in Raveningham and Heringfleet, alias St. Olavs, in the Counties of Norfolk and Suffolk, for the Payment of his Debts : - Third Reading, and passed, upon the Question.

Le Grys' Decree.

The Bill for Performance and Execution of a Decree in Chancery, made between Wm. Le Grys, Plaintiff, and Robert Cottrells, Defendant, thirdly read; and Counsel appointed to be heard on Monday next, in the Exchequer Chamber.

Transporting Ordnance,

The Bill against Transportation of Ordnance, coming afore down from the Lords, with Amendments, and Proviso; the Proviso, and Amendments, being twice read, and, upon the Question, rejected, with the Bill.

Littleton's Restitution.

Sir Tho. Cornwall's Proviso, in Littleton's Bill, defended by Counsel; and, upon Mr. Speaker's Motion, a general Saving of all Men's Rights allowed; wherein Sir Tho. was included.

Painting.

The Bill for Redress of certain Abuses and Deceits in Painting, 2dly read, and committed - Sir Lewys Lewknor, Mr. Spycer, Sir Edw. Hobby, Mr. Edw. Jones, Mr. Martin, Mr. Gowre, Sir Jo. Scott, Sir Jo. Hollice, Sir H. Mountague, Mr. Tate, Mr. James, Sir Rowland Litton, Mr. Parkinson, Sir Vincent Skynner, Mr. Toby Matthewe, Sir Jo. Thynne, Sir Jo. Trevor, Mr. Tho. Trevor, Sir Tho. Holcroft, Sir Rob. Cotton, Sir Walter Cope, Mr. Antrobus, Sir Ed. Grevill, Mr. Fuller, Sir H. Billingsley, Mr. Wyseman, Sir Jo. Smyth: - Monday, Temple Hall.

Statutes.

The Bill for the Continuance of divers Statutes, and for Repealing of some others, being read articulatim ;

Q. Whether the Word " reviving" shall be added in the Title. - Brought in Question, upon an Act, in 14 Eliz. touching the Levying, Taxing, Rating of Gaol-money; which was disputed, and agreed to be revived, upon the Question.

18 Year Eliz. mending of Ways near both Universities : Being but Oxford, moved, for both Universities; but, because the old Law was Oxford -

35 Eliz. an Act to retain the Queen's Majesty's Subjects in their due Obedience: A Clause added, that the Husband shall not pay for the Wife's Recusancy.

Mr. Fuller, contra; Sir Jo. Hubbard, pro; Mr. Wentworth, contra; Mr. D. James, contra; Sir Lewys Lewknor, pro. -

Anima, quae peccaverit, morietur ipsa. - Mr. Crewe, contra ; Sir Tho. Hobby, contra.

Mr. Lewknor: - As great Reason, that the Husband should stand in a white Sheet because his Wife hath made him a Cuckold, as to pay 20 l. a Month, &c.

Sir Wm. Morrice, with Sir Jo. Savill. - That the Women should not be endowed, &c.

Sir Edw. Lewknor: - That one may be punished for another's Fault, where they participate. -

Putting the Questions.

Any new Thing must be in the Yea : - Continuing an old Thing must be in the No. -

This Addition rejected, upon the Question.

Husbandry, &c.

39 Eliz. An Act against the Decaying of Towns, and Houses of Husbandry, &c. - Mr. Johnson against it. - Passed.

Veneris 15o die Junii - post Meridiem

Accountants.

43 Eliz* for Explanation of a former Act, 13 Eliz. to make the Lands, Goods, &c. - of Tellers and Receivers, &c. liable to the Payment of his Debts, &c. much argued.

Mr. Dyett, Sir Herberte Crofts, Sir Edw. Hobby, Mr. Martin, Sir Wm. Bowyer, Sir Tho. Hobby, Mr. Overberry, Sir Fr. Bacon -

Crimen peculatus odious: Financiers in France hanged. -

Repeal a Proverb : " No Fishing to the Sea, no Service to the King." - Rather be a Fisherman, than an Accountant to the King.

Mr. Yelverton: - An Iron Law, A Cobweb Law, a compounded Law.

Being propounded by Mr. Speaker, that, upon this Occasion, all Receivers and Accountants should go forth, during the Question; Sir Rob. Mansfield did rise up, and contest with Mr. Speaker, in Matter of Honesty of Accountants.

Q. Whether this Law shall continue till the End of the next Session of Parliament,

It was moved, that the Yea must sit; because it is for a Law in being, and whereof the Subject is in Possession till the End of this Session.

Much Dispute and Difference in this Case.

Affirmed, that, when any Alteration is required of a Law in being, the Yea must sit still, and the Noe go out.

The House divided, upon the Question :

With the Yea, 168. With the Noe, 172.

My Lord Buckhurst, and Sir Edw. Hobby, appointed to account; and differing in the Report, the House was divided again: But that did not satisfy; for it was affirmed to be contrary to Precedent: And much Dispute, what should be done.

Moved by Mr. Hyde, though there were a Mistaking -

The House satisfied, touching this Question, as it stands; but a new Bill to be drawn, for the reviving the Law of 13o Eliz.