Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.
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Lunae, 28o Maii
L. 2a. An Act for assuring the Manor of Upmynster, within the County of Essex, unto Sir A. Awger, and Sir Ro. James, Knights, and Eliz. De la Fountayne, Widow, and their Heirs : - Committed to the same Committee, at the same Time, and Place. Dr. Gooch, Mr. Hackwill, Sir Tho. Hamond, Sir Wm. Pittes, Mr. Smyth, Sir J. Horsey -
L. 2a. - Inns - Committed to Mr. Crew, Sir Tho. Hobby, Sir Jo. Walter, Mr. Chidleighe, Sir Edw. Peyton, Sir M. Sands, Sir Geor. Moore, Sir H. Poole, Sir Roger North, Sir T. Bowes, Sir Wm. Fletewood, Sir G. Haughton, Sir N. Rich, Attorney of the Wards, Mr. Bowyer, Mr. Glanvyle: All, that will come, to have Voice: - Tomorrow in the Afternoon.
Sir Wm. Fletewood reporteth the Bill against the Importation of Corn. - That the Committee desireth an Afternoon for this Bill, in this House, by a Committee of the whole House. - Resolved, To-morrow in the Afternoon, in this House.
Mr. Solicitor, - against the Clause of questioning the Judges, in Parliament, for refusing, upon the first Motion, to deliver the Party, - Nor fit to punish them for Error in Judgement. - Dangerous also for Justices of Peace; who sometimes commit to the Stocks, upon Discretion. - To re-commit it.
Sir Geo. Newman: - This dangerous for the High Commission, for Justices of Peace, &c. who, upon a Commitment, may be sued Two Years after, and, when Witnesses dead, cannot prove it, and so shall be in danger of this Statute.
Conference- Sabbath and Certiorari's.
Sir Edw. Coke reporteth from the Conference for the Bills of the Sabaoth, and Certiorari's. That no Objection made against the Body of that Bill, but against the Word " Sabaoth," in the Title. - Because divers incline now to Judaism, to put in the Words, " Lord's Day," instead of the " Sabaoth-day." - That Consent was given to this, because the very Words used in the New Testament.
For the second Bill; it hath Four Parts; 1. The Writ De securitate pacis, and Supplicavit; which issue out of the Chancery, or King's Bench. - That the Provision of the Bill was, to have the Security by Motion in open Court, upon Oath, and entered of Record. 2ly, That an Offender in the Country that will come hither, to have a Supersedeas, must now have it, upon Motion in open Court, and be bound with good Sureties, of Subsidy-men, 10 l. and 5 l. 3ly, Some will be put into the Subsidy, of purpose to become Bails. 4ly, A Bond of 10l. to the Party, to give him his Costs, if he above convict him for the King. -
Resp. That the remote Parts was una, but not unica, causa: Vexation another Cause - Bound for a whole Year here; not so in the Country: Greater Charge here, than in the Country. - That Justices of the King's Bench are Justices of Peace in Middlesex, and so may bind Men, as Justices of Peace.
That the Jurisdiction of the King's Bench not taken away, but a Bond of 10 l. ut supra. This good for the King; for Fines oft lost to the King, by want of Prosecution. - Never knew a Trial at King's Bench Bar, upon a Removal. -
A Story : That a great Officer that had gotten much Money unjustly, made an Hospital of Madmen, and made this Inscription: " Of Madmen he got it, and to Madmen he gave it." - Resolved, both these Amendments shall stand.
Message from the King - Adjournment.
Mr. Secretary: - Before this Parliament, a Misunderstanding of some Difference between the King and us :The Effects hath proved the contrary, both from the King and us ; - And hopeth, it shall ever so continue. - That the King hath resolved upon a Recess. - 1. Heat of the Year: 2ly, His Majesty's Progress farther off; and then his Council cannot attend him, and this House : 3ly, The Absence of the many Deputy Lieutenants and Justices of the Peace : The great Want of Justice in the Courts at Westmynster: His Use of his Council of State, great, in respect of the foreign Troubles: General Musters appointed; those, which not already done, to be done shortly and certified. -
That his Majesty, by the Advice of his Council, thinketh this fittest to be by an Adjournment, in respect both of the public and private Bills. - That a Supply of a free Gift to the King. - If an End of a Session, then must be a Pardon ; which the King desireth now to enlarge : - And so the Statutes shall not die. - Saturday to be the last Day of Business ; Monday the Adjournment, and that by Commission. - That his Majesty ready, upon Sunday next, at Greenewich, to receive our Grievances, and give such Answer as shall be fit. - To make good use of this short Time, by preparing the best Bills against our next Meeting.
Court of Chancery.
Mr. Alford: - For rectifying the Chancery; the Chancellor's Fault being by many thought sufficient. - To appoint Wednesday or Thursday next, for this; and all, that will come, to have Voice. Sir Edm. Gyles, accordant.
Sir Ro. Phillippes moveth, the Masters of the Chancery may give Satisfaction to the Judges; who as yet untainted, all this Parliament, by any Complaint, where the other ecclesiastical Judges, and Judges of Equity, have been taxed. - To have an Order in this House, for this Satisfaction [to] be made in the Term-time, though we be gone.
Warden of the Fleete.
Court of Chancery.
Master of the Wards: - That he lately charged, before the King, to have been the Mover of this Matter against the Chancery. - Moveth, the Fees of the Masters of the Chancery, Chamber Orders there, and in other Courts; - and to offer them to the King; who, doubteth not, but will give us a satisfactory Answer.
Sir S. Sands: - To proceed now no further with Bills ; but those Grievances, which may be helped. To begin with the Chancery. To consider what the ancient Power of it, and what the Encroachments upon the Common Law. - Monopolies; some in the Original only, others in the Execution also. - To have Mr. Speaker sit by; and have a perpetual Committee sitting, to voice things, as Cause.
Mr. Hackwill: - To have a Declaration made by this House, and the Lords, that those Decrees which have been obtained by Corruption, should be reviewed by Auditors assigned by Parliament. To move the Lords for a Conference to this Purpose. To bring in all the Bills standing upon Commitment, which not ready for Report; else to report them. To make ready the Grievances.
Sir Geor. Moore : - A principal End of Parliaments to relieve Mischiefs, which to particular Men; and Grievances, which general. - To have a Kalendar made of the State of all the Bills, as they stand.
Sir Ro. Phillippes: - 1. To regulate the Chancery; and, for this, a special Committee. 2ly, Matters of Grievances, either already agreed upon, or not. The first needs but Digestion into a parliamentary Fashion ; for the second, to take the most general.
Sir Edw. Coke: - Doubteth not, but the King will in the * pass all our good Bills: Wisheth, some might now [be] passed. - To meddle now only with Grievances; and to begin with the Chancery, and so go on to other Countries.
Sir Nath. Rich: - To begin with Proclamations. Sithence we cannot now help the Commonwealth by Bills, to prepare the Grievances. To bring in all the Bills from the Committees Hands. - To have had a short Bill, to pass some Bills, and yet make no End of a Session, if the House should so have thought fit.
Sir Edw. Sands: - Sithence his Majesty's Pleasure for this Recess, by an Adjournment; to rest in it. To set in Order, and conclude now, as much as we can. - The Eyes of all England, and the Cries of all England, upon this Parliament. - To meet here this Afternoon, at Two of the Clock : All then to bring in their Bills. The Committee to dispose of the Business before Four of the Clock. Mr. Speaker to be here at Four of the Clock.
To meet in Afternoon.
Lunae, 28 Maii. Post meridiem.
That the Committee hath resolved to desire a Conference with the Lords about this ; even to be humble Petitioners, with their Lordships, to his Majesty, to give us some further Time, for Perfecting of the especial Bills; to the Comfort of his Subjects, and to enable them hereafter with Chearfulness -
Upon Question, a Message to the Lords, for a Conference, concerning a Message we have this Day received from his Majesty, concerning a sudden Adjournment of this Parliament; with a Desire, it may be with as much convenient Speed, as may be with their Conveniency : - Una voce, without One Negative.
Mr. Neale: - That this Bill, as now penned, far short of that Relief which intended by the Preferrers of the Bill; which was, to avoid Vexation of the Owners and Mariners. That the Petitioners, as now penned, shall be in worse Case than before.
Conference agreed to.
Mr. Serjeant Crew and Sir Ch. Caesar bring from the Lords a Message; That the Lords desire the Sub-committee of this House to meet with their Sub-committee, To-morrow, at Three of the Clock, in the Painted Chamber, concerning the Bill of Informers : -
Bills from Lords.
Answer to Lords.
Message to Lords.
Sir Edw. Coke, Sir Edw. Sands, Sir Ro. Phillippes, Sir H. Withrington, Mr. Hackwill, Sir H. Poole, Mr. Chancellor Exchequer, Sir Nath. Rich, Sir Sam. Sands, Mr. Crew, Sir Tho. Row, Sir Edw. Mountague, to go into the Committee Chamber, ut supra.
The Cinque Ports and Merchant Adventurers to be [heard] here in the House, upon Wednesday next, in [the] Afternoon; and Mr. Glanvyle then to make [his] Report of the Merchant Adventurers Patent, to the Grand Committee.
Exactions by Lambe, &c.
Sir Ro. Phillippes moveth ; and Ordered, The Sub-committee for Courts of Justice, may take the Examinations of the Witnesses that shall be produced, to prove the Exactions, and other Misdemeanors, of Dr. Lambe and Cradocke.