House of Commons Journal Volume 1: 09 June 1607

Martis, 9o Junii, 1607

Costs on Nonsuit.

B. TO give Costs to the Defendant, upon a Nonsuit of the Plaintiff, or a Verdict against him, reported from the Committee by Mr. Nicholas Hyde, with Amendments ; the Amendments twice read : and the Bill, upon Question, ordered to be ingrossed.

Fens.

L. 2a. B. For the Draining of certain Fens and low Grounds within the Isle of Elye, subject to Hurt by surrounding, being about Six Thousand Acres: - Secondly read, and committed to the former Committee in the other great Bill of Fens.

Holdich's Relief.

The Letter of the Judges, and Lords Committees of the Higher House, upon the Reading and Passing of the Bill touching John Holdich Gentleman, were read in the House; the Bill opened by Mr. Speaker; and some Arguments remembered, touching the Proof of the Promise recited in the Bill.

It was at last, upon the Motion of Sir John Heigham, ordered, That Mr. Speaker should write to the Tenants of the Land, in the Name of the House, to persuade them, out of the Equity of the Cause, and Poverty of the Petitioner, to some Composition.

A Letter afterwards agreed on, and directed, by Mr. Speaker, to certain Gentlemen named by Holdich, to deal with the Tenants, and persuade a Composition, as followeth:

AFTER my very hearty Commendations: Whereas it appeareth, by certain Letters that have been heretofore directed from the Lords Committees of the Higher House of Parliament, and from the Judges of the Common Pleas, to the Purchasers of the Lands, late of Richard Holdich Esquire, and Anne his Wife, in the County of Suffolk, as also by other Letters from the Lord Anderson and the said Judges of the Common Pleas, to Symon Mawe and Sampson Wolverston, that it was thought reasonable, that John Holdich, Gentleman, should be satisfied the Sum of 1000l. by the said Purchasers, for that an erroneous Fine, by which they hold the said Lands, was extraordinarily amended, to the great Loss of the said Holdich; and the strengthening of the said Purchasers Estates : and whereas it also appeareth, that the Lords of the Higher House of Parliament, perceiving that the said Letters took no good Effect, have the last Session, passed a Bill, thereby giving Power to levy the said Sum of 1000l. and the said Holdich being now this present Session a Petitioner, to the same Purpose to the honourable House of Commons; a Motion hath been made by a worthy Gentleman of the House, that, sithence the Time is not like to serve for the Passing of a Bill for the Benefit and Quiet of all Parties, a Letter might be writ by me, as their Speaker, directed unto you, or any Two of you to this Effect: That you would be pleased to send for such Parties as you shall find or learn to be interested in any of the said Lands putting them again in mind of the former Letters of the Lords and Judges (which I send here inclosed) and using all other good and friendly Means of Persuasion, to draw them to the Payment of the said 1000l. or such other competent Sum as you shall conceive fit; letting them know, that if they shall yield to the Sum desired by Mr. Holdich, he will give his Consent, that an Act shall pass the next Session of Parliament, as well for the confirming of their Estates, as for the better levying of the

said Sum. What Effect you shall work herein, I must pray you to signify, under your Hands, unto me; as also the Names of such as shew themselves obstinate (if any such be) that thereupon (if need be) further Order may be taken, by proceeding in the said Bill at the next Session. And so I commend you to the Protection of the Almighty. From Bosville-house, &c.

Your assured loving Friend,

Ed. Phelips, Speaker.

Directed:

" To the right worshipful my very loving Friends Sir Wm. Walgrave, Sir John Heigham, Sir Henry Glemham, Sir Henry Warner, and Sir Tho. Wingfield, Knights, or any Two of them."

Private Acts.

Sir Edwyn Sandys moveth, touching a special Mischief in the passing of private Acts of Parliament; viz. where an Act passeth, in the Body for the Settling of any Estate, and a Saving cometh after, which doth not help.

For helping this Mischief, he preferreth a Bill, intituled,

L. 1a. B. To avoid Fraud and Wrong-doing in private Acts of Parliament; which presently had a first Reading.

Smyth's Nat.

Sir Chro. Perkins reporteth, from the Committee, the Bill for the Naturalizing of Fabian Smyth; which (he said) was thought fit to pass, by the Committees; but was not now thirdly read.

Injuries from Spaniards.

Moved, that some Consideration might be had, of sending an Answer, and the Petition touching Spanish Wrongs, &c. to the Lords. And whereas certain Reasons for granting Letters of Mart, were annexed to the Petition, as it was delivered in to this House ; it was much disputed, whether the Petition alone, or both the Petition and Reasons, should be sent. -

Union with Scotland.

In the midst, came from the Lords, Sir John Crook and Mr. D. Hone, with this Message :

That their Lordships, having received that great important Bill for the Abolition of all Memory of Hostility, &c. have given it Two Readings, and, according to the Weightiness of the Matter, have committed it to a great Committee : That the Committees, upon deliberate Consideration of the Bill, have conceived some Doubts; and think fit there should be a Conference : And therefore their Lordships move, that the Committees of both Houses might meet this Afternoon, or upon Thursday in the Afternoon : The Place, the Painted Chamber; their Number, Fifty.

Answ. That they will be ready to confer, with a Hundred, in the Painted Chamber, on Thursday, at Two a Clock in the Afternoon. -

Injuries from Spaniards.

Touching sending an Answer, and the Petition of Spanish Wrongs, &c. to the Lords ; Mr. Speaker interposeth his Opinion, that since the Petition hath Relation to the Reasons for Letters of Mart, and that the Reasons are annexed as Part of the Petition; it were fit to send both: Which was so concluded by the House ; and Sir Edwyn Sandys thought fit to be the Messenger; who moving for Direction in his Message, it was agreed to be delivered in this Form :

That the House conceived, the same Petition had been delivered to their Lordships; yet, because it was their Lordships Pleasure to have it from the House, they have sent it to their Lordships.

That, for their Part, they can make no perfect Judgment of the Matter, because they have no Power to call the other Party ; and that therefore they think it more proper for their Lordships, and do refer it unto them.

This seemed to require no Answer, therefore none brought from the Lords.

Highways.

L. 1a. B. For the Amendment of Highways in the Wylds of Sussex, Surrey, and Kent.

Mariners, &c.

L. 3a. An Act to reform the negligent, unfaithful, and treacherous Dealing of Mariners and Sailors, &c. - Upon a third Reading, and the Question, passed.

Lord Bruce's Agreement.

L. 3a. An Act for Confirmation of an Agreement between Edward Lord Bruce, and Michael Doyley Esquire, and others, &c. - Thirdly read, and, upon the Question, passed.

Martis, 9 Die Junii. Post meridiem.

Call of the House.

THE House was called, by the general Book of Names in Order as they are set down by the Clerk of the Crown, at the Beginning of the Parliament.

The Manner.

The Clerk calleth every Man by his Name; the Party called (if he be present) riseth up bare-headed, and answereth.

If he be absent, he is excused by some in the House, and noted absent, for some special Reasons expressed, as the Truth is, by these Words:

Licentiatur: Speciale servitium Regis.

Excusatur ex gratia: Vicecomes.

AEgrotat. Major.

If no Man excuse him, then is noted upon his Head; Deficit.

The Names of the Deficient to be presented to the House Tomorrow.

Account of Collection.

Upon Motion made, certain Gentlemen were appointed to take Account of the Collection made by Sir Tho. Horsman, and Sir Hugh Beeston, of the Benevolence of the House; viz. Mr. Lieutenant of the Tower, Sir Vincent Skynner, Mr. Hare, Mr. Fanshawe; or any Two of them.