House of Commons Journal Volume 1: 22 March 1621

Jovis, 22o Martii

Poor.

L. 1a. AN Act for the better Relief of the Poor within the City of London, and Three Miles thereof.

Clough's, &c. Conveyance.

L. 1a. An Act to enable Edm. Clough Esquire, and other Bargainees in Trust, to convey the Manor of Temple Newsham, and other Lands and Tenements in the County of Yorke, to Esme Stewart, Lord Awbigny and Earl of March, and the Lady Kath. his Wife, or such others as they shall nominate and appoint.

Justices of Peace.

The Committee for Actions against Justices of Peace, &c. to be this Afternoon. Mr. Hackwyll, Mr. Taylor, Mr. Sotwell, to be added.

Debts.

The Bill for Assignment of Debts, - on Friday next. Afternoon.

Hospital.

L. 1a. Sutton's Hospital.

Bill committed.

L. 2a. An Act - Ed. VI.

Sir Geor. Moore moveth. a Consideration, at the Committee, of Suits now depending : - Whether this Bill shall look back. -

Committed to Sir Geor. Moore, Mr. Wandesford, Sir Peter Fretchwell, Serjeant Towse, Sir Tho. Holland, Mr. Dr. Gooch, Mr. Hackwyll, Mr. Wray, Mr. Shervyle, Sir Edw. Mountague, Mr. Scott, Mr. Solicitor, Sir Edw. Peyton, Mr. Brooke, Mr. Digges, Mr. Shuter, Mr. Lyster, Mr. Woldridge, Sir Charles Mountague, Sir Tho. Low, Sir Christofer Hildyard, Sir John Crompton, Sir Francis Barrington, Mr. Wray, Sir Jo. Brooke, Sir Myles Sands, Mr. Rich. Spencer, Mr. Morgan, Sir Jo. Walter, Mr. Noye: - Friday, Exchequer Court.

Drunkenness.

Sir Tho. Hobby reporteth the Bill concerning Repressing of Drunkenness, with Amendments. - Engrossetur.

Sandwich and Westmynster Elections.

Sir Geor. Moore reporteth for Sandwich and Westminster. 1. For Sandwich: The Borough standeth of a Mayor, Jurates, and Commons. By an Order by Lord Cobham, Warden, confirmed after by the Lords of the Council, the Mayor and Jurates only to make the Elections. Now the Commons thereupon debarred from giving their Voices in the Election, with Threatening of Imprisonment. - That the Committee of Opinion that the Choice of Sir Edw. Sands full by all; Sir Ro. Hatton chosen by the Mayor and Jurates, not by the Commons. - He never knew it, till he received the Town Seal, and was required to come to take his Oath. - That the Commons intended to chuse Mr. Borrowes, but did it not: - That the Committee hold the Election of Sir Ro. Hatton void, and no Choice of Boroughes. - A new Writ, by their Opinion.

For Westmymter: - That the Committee held Dowbleday being once chosen, and the Writ executed, could not after chuse, without a new Writ. That objected, no Warning given : But appeared, Notice was given, and that they appeared accordingly. Alleged, that a great Cry of Women and Children, and that no Division, as should have been : But appeared, that a Division made into Three Parts; for Mann, Forsett, and Sir Jo. Davys : and testified by divers, that Two or Three for One for Mr. Mann; therefore no Division needed. Objected, that the Return of Mann void, because no Indentures made between the Sheriff and the Electors, but between the Electors and the Bailiff. -

Moveth for Sir James Whitlocke. -

Leaveth a Paper with the Clerk, of the Questions heretofore made about Elections.

Upon Question, Resolved, The Election of Sir Ro. Hatton for Sandwich, not due.

Sir D. Digges: - That Mr. Boroughes, the Prosecutor of this against Sir Ro. Hatton, now questioned ; Therefore to have the Writ forborne, till he cleared.

Sir W. Heale, and Mr. Brooke, contra: - To give them free Choice, without taking Notice of Mr. Borrowghes.

Sir Edw. Wardor: - To have the Lawyers deliver their Opinion concerning the Validity of the Return of Mr. Mann.

Sir A. Ingram : - That Mr. Mann desireth to be heard by Counsel in this Point.

Sir W. Heale : - That the Sheriff is to be appointed to mend the Return.

Mr. Mallett: - That the Bailiff here, in the Nature of a Sheriff, hath Execution and Return of Writs. That this done between the Mayor and Jurates of the Cinque Ports.

Mr. Brooke, contra: - That the Sheriff awardeth his Precept to West. The Statute, 23 H. VI. so : Therefore this Return void, and none, - Yet moveth, Counsel may be heard.

Mr. Shervyle .- - That, by the Words of the Statute, the Return void, because not made to the Sheriff. No Use nor Precedents, in this Case, can serve.

Mr. Crew: - Two Questions: 1. Whether the Return good. - That Use in a special Liberty, Time out of Mind, may make this good ; as a Custom in a Country, for Nonpayment of Tythe-wood, notwithstanding the Statute of Silva cedua. - That, if the Return bad, we may cause it to be amended, as in Leycestershyre Case.

Mr. Hackwyll, contra. - No Prescription against a Statute, which express in the Point. - The Return, both of Sir Edw. V. and Mann, void. - And that divers Boroughs, having retorna brevium, yet make Indentures to the Sheriff.

Serjeant Towse, contra. - To mend the Return, because Use so.

Sir Edw. Coke: - Consuetudo optima interpres legum. -

The Election clearly good. - If the Bailiff of Westmynster have ever done it sithence the Statute, not to alter it.

Upon Question, whether the Return of Sir Edw. Villyers, and Mr. Mann, good, the House divided:

Tellers for the Noe, Sir Geor. Moore, Sir Tho. Cheeke :

For the Yea, Sir H. Poole, Sir Charles Mountague:

For the Yea, 168.

For the Noe, 155.

Difference, 13.

For the Election of Sir J. Whitlocke: - To suspend this till the next Meeting.

Cambridge Election.

Sir Ro. Phillippes . - That the Mayor for Cambridge, Mr. Foxton, hath returned himself.

Upon Question, Mr. Foxton, being Mayor at the Time of his Election, to be removed, and a new Writ; without One Negative.

Elections.

Mr. Alford: - That the Bill for Elections may be prepared against the nest Session.

Petitions.

Sir Jerome Horsey: - That the Committee for receiving Petitions, hath delivered in divers Petitions. - That some Course may be taken in it.

Lepton's Patent.

Sir Ro. Phillippes : - That a Petition concerning Lepton's Patent, may be brought in To-morrow, and he attend then. - That divers Masters of the Chancery refuse to take Oath in divers Cases.

Mr. Solicitor: - To have a Bill prepared, to prevent Erection of new Offices.

Mr. Lepton's Patent to be brought in To-morrow, and he to attend : And a Bill to be drawn by Sir Edw. Coke, Mr. Solicitor, Mr. Noye, Sir Jo. Walter, Mr. Brooke, Mr. Hackwyll, Mr. Crew, Mr. Glanvyle. - To prepare a Bill against next Session.

Patents.

Mr. Solicitor: - That Sir Peter Saltonstall hath a Patent upon the Respectuatur upon Sheriffs, through all England.

Mr. Salisbury moveth, the Patent to ... Burnett, for concealed -

Sir Peter Saltonstall's Patent to be brought in.

The Patent for Custom Clerks to be brought in.

The Patent to Hill, for Mr. Sheldon's Use, for Scouring of Arms through England, to be brought in.

The Patent - Gyles, for Forfeitures of all Custom Duties, to be brought in. - Endymion Porter is contented with it (as Mr. Speaker saith) to whose Use the same is granted.

Bills and Grievances.

Sir James Perrott reneweth his Motion, for a Committee to consider of the Bills and Grievances.

Mr. Alford, accordant: - And, that this Committee may take Consideration, what Bills we have passed, &c.

Sir Wm. Strowde: - That the Committee for Review, Repeal, and Continuance, of Statutes, may, in this Vacation, prepare this Business.

Sir Edw. Sackvyle moveth for the Committee for Statutes accordant.

Mr. Crew moveth, Sir Edw. Coke, One Afternoon, before he go down, would assist the said Committee. Mentioneth particularly the Statute for Conversion of Arable into Pasture.

Sir Edw. Coke assenteth to Mr. Crew his Motion. - A Statute, that no Yard of Scarlet shall be sold above 16 s - Statute of Queen Mary, for Armour, repealed. That being repealed by 3o Jac. the former Act of Queen Mary repealed. - Will bring his Book of obsolete Laws. - No Law now for Armour, - Better to live under severe Laws, than any Man's Discretion.- - To have a new Law drawn, to shew what Arms every Man shall find. - That these Committees will prepare a Bill for this.

Mr. Mallory moveth, for the Petitions. - That a Committee may be chosen ; and seal them up till their next Meeting.

Mr. Hackwyll: - That some Patents not yet named, of greater Consequence than any yet named. - One Crow hath the sole Making of all Iron Ordnance, for Life. -

That Dr. Chambers hath the Collection of the Forfeitures of all penal Laws, from 31o Eliz. -

That there will be great Use of one Nicholles: And that therefore there may be some Respect of his Charge and Pains.

All the Lawyers of the House, that stay in the Town and will attend the former Committee for Statutes, to be admitted.

Royal Assent.

Lord Chief Baron, Mr. Baron Denham, bring a Message from the Lords; that the King's Commission for the King's Royal Assent, now come to them. - Desire, Mr. Speaker, and the whole House, will presently come up, according to former Use or at Two of the Clock. -

Adjournment

That the Lords think fit, the Recess now should be upon Tuesday next: For the Time of Meeting again, leave it to this House:

Conference.

And desire this House will, presently after their coming out of that House, come prepared for a Conference with their Lordships, in the Painted Chamber, for divers Things which they will propound.

Mr. Alford: - This Message unusual, to have a Conference, where the Lords prepared, we know nothing. - To give them only Audience, except it be for Matters formerly treated of in this House.

Sir Edw. Coke: - We must go up. - For the Conference ; whether for Matter, old, or new, to hear, but say nothing.

Sir Tho. Wentworth . - Not to go till Two of the Clock;

Mr. Secretary: - If a Conference of both Houses totally, then they may treat freely, without coming back, for Direction, to the House.

Sir Ro. Phillippes: - Not to go this Morning; but at Two of the Clock: And to confer; yet to hear, and answer nothing.

Answer to Lords.

Answer to the Lords : - Will come, for hearing the Commission, at Two of the Clock ; then will confer. - Like the Lords Time for the Recess: For Time of Access, will deliberate, resolve, and then acquaint their Lordships with it.

Members sent for.

ORDERED, The Serjeant at Arms shall go to the Upper House, and charge all the Members of this House, that are there, presently to repair into this House, to attend the Speaker into the Upper House, upon Penalty of the Censure of this House.

Protections.

Mr. Whitson: - That Sir Tho. Sherley hath protected one . . . being none of his Servants, or Attendants. :

Sir W. Heale: - To have this examined, and punished.

Mr. Hackwyll: - That this specially recommended by his Majesty, that no Servant in the Country, but an Attendant here, to have Privilege.

Sir Jo. Strangwayes, contra. - That it extendeth to Servants in the Country, as well as here.

Sir Edw. Coke, accordant: - For Cook,Butler, Bailiff, &c. - That all Servants without whom we cannot serve in this House, are to have Privilege. - No Protection, under any Man's Hand of this House, good. - Resolved.

Conference reported.

Sir Edw. Coke reporteth from the Lords; That they much commended the Concurrence between both Houses;

not to be paralleled by former, and to be a Precedent for future, Times.

1. For Time: That they, by the Message this Day, thought fit, for their Parts, Tuesday next a fit Time for the Recess: For the Access; left it to us.

That, for the Persons ; they found Fowles and Geldred so foul, as either to be imprisoned, or else good Security for their forth-coming. For Michell; sithence he committed from hence, desired, if we should enlarge him till they had done with him, good Security might be, ut supra. So for the rest under Commitment, Security to be taken.

For Sir Gyles Monperson; would grow to a present Resolution about him. -

That, for Conformity ; the Lords gave a great Allowance, upon the first Reading of the Bill. That in One Thing would differ from us, viz. who should do the King, and the Commonwealth, most Honour and Good this Parliament.

Sir Edw. Coke: - That he told them, how joyful their Apprehension -

That the Message was mistaken by the Lords. -

To commit these Men to more safe Custody, from the Serjeant.

Persons in Custody. Adjournment.

Sir Ro. Phillippes: - But Two Things to be resolved on: 1. The safe Custody of theseOffenders: 2ly, The Time of our Access: Which he thinketh to be the 17th, of April; that so Time, in the mean Time, for the Subsidy, and other Country Business. - That the Lords, in their Message by Lord Chief Baron this Day, prefixed not Tuesday certainly, but left it to our Judgment.

Sir Jo. Strangwayes, accordant; for the Time of Access; both for the Publick and Private.

Mr. Chancellor of the Exchequer: - That the King gave a free Choice to us, yet at first nominated the 10th to us. - Therefore to observe the King in this; at least to acquaint him with this Change from the 10th to the 17th.

Sir Edw. Sackvyle: - That the Reason of our deferring, the Respect to his Service in the Subsidy.

Sir Edw. Gyles concurreth, for the Commitment; but for the Time, differeth. - The Country furnished well enough in Absence of the Members here. - The Heat of the Year approacheth. - Not to defer the Action now in hand. If will not stay to do their Country good, let them not be for their Country. - To observe the King's Day appointed, viz. the 10th. - Honoureth the King's Thoughts, when knoweth them.

Sir Wm. Herberte, accordant.

Sir H. Withrington, contra.

Mr. Mallory, for the 10th Day.

Sir Peter Fretchwell, - for the 17th; as better for the King's Service, and Satisfaction of the Country.

Master of the Wards, - for the 17th ; so as it may stand with the King's Liking, upon the Reasons alleged.

Mr. Alford: - That this last Motion may prejudice our Liberty.

Sir D. Digges concurreth with Master of the Wards; - and no Prejudice.

Upon Question, the House to be adjourned from Tuesday next, till the 17th of April.

Sir Edw. Coke, and Sir Edw. Sands: - To have Fowles and Geldard turned over to the Lords.

His Majesty to be acquainted, by Mr. Treasurer and Master of the Wards, with the Causes of this Adjournment.

Lomley's Estate.

The Bill for Sir Rich. Lomley, reported from the Committee by Sir Edw. Sackvyle, with the Amendments; which twice read : - Engrossetur.

Burlimachi's Nat.

Mr. Burlimachi his Bill for Naturalization, reported, with the Amendments: which twice read : - Engrossetur.

Calthrope's Estate.

Mr. Calthrope's Bill reported by Mr. Solicitor, with the Amendments ; which twice read : - Engrossetur.

Trinity-house.

A Petition read, from the Trinity-house.

The Master and Wardens of the Trinity-house called in, and dismissed.

Adjournments.

Sir Edw. Coke reporteth from the Lords, that the Lords well accepted the Time of the 17th of April. -

Persons in Custody.

That he moved their Lordships, if they pleased, to commit the Prisoners under the Serjeant's Custody; and that their Lordships might take Bail, if they pleased.

Lord Mountagew.

Sir Edw. Coke reporteth the Lord Mountagew his Bill, with the Amendments; which twice read. - Engrossetur.

- That the Committee resolved to move the House, to write to the Lord Mountagew, about 500 l. Fine imposed. - That this begun in Thimblethorpe's Case; - Estreated into the Exchequer, and, upon Plea there, resolved the Fine ill set: Therefore return the Fines now into the Hamper; where the Chanc' can set no Fine, but in terrorem. -

That the King granted this Fine to the Lady St. John.

Ordered, A Letter shall be written by Mr. Speaker, as from the House, to the Lord Mountagew, for this 500 l. to be repaid.

Arms.

Saturday in the Afternoon, for the Bill of Arms.

Ayton's Bill.

L. 2a. - Sir... Ayton. - Committed to Lord Cavendish, Sir H. Poole, Mr. Murray, Mr. Nicholls, Sir Francis Barrington, Sir H. Withrington, Mr. Crew, Sir Geor. Moore, Sir Gilbert Gerrard, Mr. Pymme, Mr. Recorder, Mr. Bond, Mr. Mallory, Sir Tho. Stafford, Mr. Bateman, Mr. Towerson, Mr. Garrett: - To-morrow, Four of the Clock, in the Court of Wards.

Douglasse's Nat.

L. 2a. An Act for the Naturalization of Sir Ro. Douglasse Knight, Treasurer of the Prince his Highness Houshold: - Committed to the same Committee, at the same Time, and -

Style's Nat.

L. 2a. - Style. - To the same Committee, at the same Time and Place.