BHO

House of Commons Journal Volume 1: 06 May 1614

Pages 474-476

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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In this section

Veneris, 6o Maii

Process, &c.

L. 1. AN Act to prevent and punish the Abuses in procuring Process and Supersedeas for the Peace and good Behaviour, out of his Majesty's Courts at Westminster.

Small Debts.

L. 1. A Bill for speedy Recovery of small Debts.

Weights.

Mr. Middleton tendereth Two Bills: One against false Weights: - That making One End of the Beam heavier than the other, will draw 1, 2, or 3 lib. in a Draught. - Leaden Weights : - Lessen them after Sealing. - Venice Weights, not allowed; nor almost any of them agree : Neither Troy, nor Haberdepoyze Weight. -

Silk-dyeing.

The other, against the deceitful Dyeing of Silk. - In the last Parliament then feared a Monopoly; now no Fear of it. The Dye taketh up One Pound in Two. This Bill prohibiteth Importation of such - That London hath made an Act of Common Council against using it within the Liberties of London; therefore divers Renegades, out of London, have in the Woods in Bar. .

Navigation.

L. 1. A Bill for the Increase and Maintenance of Navigation, and for the Increasing and better Employment of Seamen and Mariners.

General Issue.

L. 2. A Bill for admitting the King's Subjects to plead the general Issue, and nevertheless to continue their Possession. -

Sir H. Poole moveth, that the King's Attorney may set down the Causes of Demurrer.

Mr. Crew: - That by the Common Law, a Man may plead the general Issue, upon an Information; but then the Barons will, in Discretion, order the Possession. -

That oft, upon sleeping Records, a Scire facias awarded; then the Plea of. Not guilty, taken away; by which Means the Remedy will be little : For that Course but a new-found Holiday.

Mr. Jones : - That, upon a Demurrer, for want of a Word (inde) Sir J. Perrot's Land evicted, and holder, to this Day. -

That an Information against a Drover of Wales, for buying of 2,000 *

Mr. Whitlocke: - That this Bill concerneth all the

Freeholders of England: That every Man, upon an Information, must shew how he claimeth his Land from the Crown ; the King claiming from W. the Conqueror.

- That this a true Prerogative of the King; so as 3 or 400 Years Possession in a Blood, and Name, will not serve, without shewing the first and original Passing of it from the Crown. -

That Ed. IVth, 18o of his Reign, gave, in Exchange, Lands to the Dean and Canons of Windsor: These Lands ever sithence enjoyed: Now an Information against them, upon a pretended Entail to Bohun, temp, Ed. I. Affidavit made, for the Possession, for 120 Years, by the Canons; yet cannot get Order for Continuance of Possession. -

Moveth also, the like Grace may extend to Suit by English Bill in the Exchequer Chamber, upon Title; else the Benefit will be taken away.

Mr. Attorney : - Liketh well, these Gentlemen should have the Grace of opening and discussing these Things,

- which he would not pre-occupate. - Will not fly so high a Pitch, as Mr. Whitlocke, for to cause all to derive from the Crown. - That there is Matter enough, much later.

- That the Reason of the Subjects pleading specially, is, because the King's Title grounded upon Record; which the Subject may come to and therefore may know, and plead. It is otherwise in the Subjects Case, whose Title cannot be known. -

The Body and Bulk of the Bill. - The other Motions, which made the Imps, which grafted into this Body. - Policy in pleading, and the principal Policy Secrecy. - That, for Formality, helped by 27o Eliz. in the Subjects Case ; but the King to this Day free, for Form; because not bound by that Statute. - Shall be ready, at the Committee, to shew his Reasons, and accept Reason.

Mr. Wentworth, - for Subtraction from the Bill; viz. of the Words.

"Twenty Days after the End of this Session of Parliament:" For else Informations may be preferred in great Multitude, before the End of those 20 Days; so much of the Grace may be avoided.

Mr. Francis Moore moveth, that 8o Years Possession may enable to plead a Bar; at 40 Years here, to plead generally. This out of the Offer of the general Grace. 31o H. VIII. in the Statute for Dissolution, a special Branch, that all Patents, after 27, and for Three Years after, might be good against the Crown. - Moveth, that a Petition to his Majesty, for the Addition of this. -

Committed to the same Committees with the former Bills of Grace : - In the Court of Wards.

The Assignment of Debts, and this of Not guilty, to be this Afternoon, in the Court of Wards; the rest of the Bills of Grace (except Wales) To-morrow in the Court of Wards.

Committees.

Sir Edw. Sands moveth the Committee for Petitions may sit Tuesdays, Thursdays, and Saturdays; but not to sit till Three of the Clock. -

That the Bills of Grace may be specially upon Fridays.

Sir W. Heale moveth there may not be above Thirty Committees.

Mr. Alford and Sir H. Crofte second Sir Edw. Sands his Motion ; only the Committee for Petitions, to be - Four of the Clock.

Recusants.

Mr. Secretary reneweth the Motion for Recusants.

Moveth that Monday may be set apart for that only Purpose. - That this concerneth the Safety of the King and State. - A Scorn to us, that the Papists should not sensim sine sensu increase; but aperto Marte invade the Land.

Sir D. Digges: - That, upon the first Motion for Recusants, much good. - The Prisons not now Colleges for them.- - Some punished.

Ordered, upon the Question, That Monday the Day for Recusants (all other Matters set apart) at Two of the Clock in the Afternoon.

Ordered also, upon the Question, That Thursdays and Saturdays shall be added to the former Day of Tuesday, to be for Petitions, at Four of the Clock.

Petition to the King.

Sir Maurice Berkley moveth if Mr. Moore's Motion may not take Effect by the Bill last committed, that a Petition may be exhibited to his Majesty, for obtaining it.

Sheriffs Accounts.

L. 2. An Act for passing the Accounts of Sheriffs, &c. -

Sir Jo. Sammes propoundeth, how the King may receive Gain by his Bills of Grace, - The Sheriff the ancient Receiver. - That in H. VIII. Time, the Court of Wards taken out of the Exchequer. - That the King shall save 15,000 l. per Annum, by cutting off Receivers, &c. - That a Surveyor appointed of the Custom, who hath 1,000 l. from the King. Putto taketh Noblemens Subsidies, Fines in the Star-chamber, &c. for desperate Debts.

Mr. Davys moveth, this Bill may extend to the Sheriffs of Wales; for they pass none of the Officers in their Accounts.

Sir Wm. Cope . - That Sir Geo. Chaworth, Sheriff of Notttinghamshyre, for Fees challenged by the Officers for his Accounts: - Process now gone out upon Part of his Lands.

Mr. Bertlet moveth, Officers in the Exchequer may be heard, with their Counsel, at the Committee of this Bill: And Ordered.

Mr. Connocke moveth for the Sheriff of Cornewall.

Mr. .... - That he hath been an Under-Sheriff of Worcestershyre Four times, for his Kinsmen: That he never gave any Bond: Never questioned in any Court, for any thing he did. That, if this Bill pass, the Sheriffs will wish it had been let alone; for the Exchequer-men, by these Bills, have their Livings taken from them. That their Pains great; and, if their Help taken from the Sheriffs, they will be taken in a Net, and will not know how to creep out.

Sir Edw. Mountague: - The Bills now not so well penned as before. One Thing the Cause of it; the Talking, during reading. 2. Crying to Committing, without suffering Men to speak. - Two Mischiefs : One that the Account of the latter Sheriff will hinder the former.

Sir Wm. Strowd: - That an Oath in the Exchequer, which old, and not possible, almost, to be observed. - Desireth, this may be reviewed.

Sir Lyonell Cranfeild; - That he a Receiver Eight Year: - No Office of so great Charge, and with so little Profit, and with so great Ease to the Subject. - That mistaken, that the new Impositions not farmed. - That great Fees to the Officers, which warranted by Law. - Moveth, that all the Fees of all the Officers and Offices may be surveyed.

Mr. James: - That sithence the Custom farmed, no Reason to give the Officers

8,000 l. per Annum for it. - Moveth, sithence Sir Ly. Cranfeild hath a Patent to break up Houses, &c. he may bring in his Patent, to be viewed. -

Committed to the same Committees; and those which have spoken to it, and the Knights and Burgesses of Wales to be added.

Cranfeild's Patent.

Sir Lionell Cranfeild, having Leave to speak, offereth to bring in his Patent To-morrow Morning; and, if it shall be found either prejudical to King, or Subject, will yield it be cancelled here, and he to be punished.

Glass Patent.

The Patent of Glass brought in by Mr. Kellaway, and delivered, but with Protestation, that they have done it in Obedience to the Order of the House; and to be left here, as belonging, in Right, to the said Patentees.

Sir Roger Owen: - That the Committee for the French Company, shall consider of what Course to take with the Patent, and Patentees, for Glass.

Going to the King.

Ordered, upon the Question, That the Order for not going to the King shall be entered; and is confirmed to be as an Order to serve this Parliament.

Impositions.

Ordered, That such Gentlemen as have any Records concerning Impositions, shall bring, them to the Committee for Impositions.

Mr. Guynn: - That there may be a short Collection of the Arguments and Objections, for and against Impositions, and a short Relation of it in this House; that they of this House now, not the last Parliament, may first understand, and then judge.

Ordered, That Mr. Attorney shall deliver Mr. Jones such Notes of the Impositions, as he delivered him; and that the Clerk of this House shall bring to the Committee all such Records concerning the same Impositions as are in his Custody.