Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.
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Martis, 8o Maii
L. 1a. AN Act for strengthening a Lease, made by Sir Ro. Bassett, Knight, for Preservation of his Estate to Arthur Bassett Esquire, his Son and Heir, which hath been weakened by a Decree unduly obtained in Chancery.
L. 1a. An Act for the Reversing and making void of a Decree made in Chancery, and of all Orders and Injunctions thereupon, had and made against the Master and Fellows of Magdalen College in Cambridge, and Jo. Smyth, Lessee, at the Suit and Prosecution of the Earl of Oxenforde, &c.
Women not attending Church.
Quarrel between Members.
Mr. Noy: - This Affray done in full Parliament, occasioning a Terror to the People assembled in Parliament. - That both faulty. - 10 Ed. II. Hughe Spencer, at the Parliament in Lincolne, and the Lord Rosse; One drew a Knife, the other gave a Blow Both spoken to by the Attorney-general. - And now to be charged by Mr. Speaker with this Affray; and, upon their Hearing, to excuse, or condemn, as Cause. - Spencer and Rosse both particularly charged with their several Offences, in Presence of the King, and Terror of the People. 12 H. VI. a Statute made for this. - No Man knoweth the End of this. - Either of them, at the Bar, to be charged by Mr. Speaker with making an Affray.
Mr. Noye, from the Committee, which (Mr. Speaker going out of the Chair) now debated the Business: - 1. That Mr. Coke should come to the Bar, and be charged, that he had stricken Sir Ch. Morrison, going down the Parliament-stairs : And that then Sir Ch. Morrison should, at the Bar, be charged with drawing a Sword upon Mr. Coke.
Mr.Coke, coming in (not to the Bar, but standing by) was charged by Mr. Speaker with making an Assault, and striking Sir Ch. Morrison, during the Parliament, and upon the Parliament-stairs, to the Terror of the Members of the House.
Sir Ch. Morrison relateth, that Yesterday was seven-night he came into the House ; and sitting by Mr. Glanvyle, Mr. Coke, and Mr. Herberte; and asking Mr. Glanvyle, what Patent this was; and he saying, -
Master of the Wards moveth, now these Two Gentlemen heard, to fall to the Business about the Conference this Afternoon; and to put this off till To-morrow Morning; and then to be here, again: And Sir B. Hickes, and Mr. Whitby to take the Charge of them, and bring them then, as they did before.
Jurisdiction of Parliament -Punishing Floyde.
Like, the Lords will shew us, they have examined the Precedents, vouched by us last Conference; and, that they do not find how, without straining, they can be suited to the Case in Question: That they have examined ourReasons ; and answer them with other Reasons. - That the Lords will move, how this Question may be best accommodated. -
Moveth, that the Gentlemen, to be employed, may make a great Protestation of Desire, to hold Correspondence with them, and no Purpose to violate any their Privileges. - To move the Lords, to nominate a select Committee, to debate the Differences about this Business ; but principally to accommodate this Business.
Sir Edw. Sands: - That the Preparation to the last Conference a mere Confusion; at Three of the Clock no Man knowing what he was to speak: - That, for the future, adviseth more Care. - Last Day a great Mistaking in the Lords. - That Sir Ed. Coke undertook, by Precedent to prove, this House to be a Court of Record, Where that not the Question. That the Lords conceived, these Precedents to have been vouched, in Maintenance of our Judgment here: Yet this not the Lords Faults. That this hath bred another ; that we intended to stand upon our Judgment, by way of Precedent. That hereupon some of us alleged, that, in this, no Precedent was to be expected. - That therefore the Lords, at this Conference, may be informed, that this Allegation of Precedents was but collateral. - Conceiveth, this will take away a great Part of the Difference betwixt the Lords and us, - To prevent the least Suspicion of any Difference between the Lords and us. - 1. To make no Fraction with them, 2ly. No Cause of any Fraction for this Cause. No Precedent to be expected in this Case: But this to be made good by Reason. - Moveth, a Justification of our Judgment by Reason. - That we conceive, our Judgment of a Matter within this our Jurisdiction. - To accommodate this Business by some amicable Composition. To have a Sub-committee appointed.
The Argument not right: " You have not done it, therefore you have no. Power." - To intimate to the Lords, our Haste last Day, with Desire to give them Meeting, made some Things fall, which were generally disclaimed by us.
Master of the Wards answereth a Charge laid upon him, that he should say, we were no Court of Record. - That he informed the House, before the last Conference, that it was like, it would be questioned, that we were no Court of Record. That he never delivered his Opinion so, nor thinketh so. - To hear the Lords : To pursue their Steps. - That we addressed ourselves to, the King, had a fair Answer; and had we not entered the Judgment, knoweth, before this Time, we had had our Desires from the King. - To hear the Lords this Day, but not to answer; for so they did with us. - Too much Haste in this House,
Mr. Recorder: - We have already yielded a free Conference; therefore cannot be only Hearers. - To prepare for it. - That the Committee here may have Power to desire a Sub-committee from the Lords. - That some Answer is to be given to the King : Yet a fair Excuse hitherto, the Lords entertaining with it. That the Lords Judgment of Berisford, with as much Celerity, as ours; yet the Party never confessed this: Yet the Party hanged, drawn, and quartered, in respect of the Notoriety of it.
Sir Nath. Rich: - Clear, that this Committee shall not, upon this Particular, question the general Power and Privilege of the House. - To protest our Desire of Correspondence with the Lords; and that we intended not to encroach upon their Liberties by this Precedent.
Master of the Wards, Sir Edw. Sands, Sir Sam. Sands, Sir D. Digges, Mr. Crew, Mr. Noye, Mr. Recorder, Sir Ro. Phillippes, Mr. Hackwyll, Dr. Gooch, Dr. Zouch: These are appointed to speak at the Conference, as Occasion shall be offered,
Jurisdiction of Parliament - Punishing Floyde.
SIR Edw. Sands reporteth from the Conference; That the Lords began. That the Archbishop said, the Lords had taken great Joy in the Union of the Two Houses, and desired, it might continue: That we had in all, but this, punctually held our Rights, and their Privileges: - Marvelled, we should, in this, vary so much from all our former Actions; yet such their Love, as, though the Parties (as they conceived) wronged, yet they desired Reconciliation ; and yet desired, by all Means, to compose and accommodate it. -
That the Master of the Wards - a Protestation, how far from the House to exceed their Bounds; and the Desire of the Continuance thereof. - That, for this Purpose, we rather desired Accommodation, than Argument and Defence. - Moved, a Sub-committee, from both Houses : Which the Lords assented to.
Mr. Glanvyle moveth, the Sub-committees may have no Power to propose any thing; but so, as some Example may be made of this Man's Punishment. 2ly, If we gain no Honour, to lose none. - That the House shall suffer nothing, by yielding, that we will not hereafter make use of this Precedent, to strengthen our own Privileges.
Mr. Treasurer, Sir Edw. Coke, Master of the Wards, Lord Cavendish, Sir Edw. Cecill, Sir Edw. Mountagew, Sir Francis Darcy, Sir Tho. Wentworth, Sir Edw. Sands, Sir Nath. Rich, Mr. Chancellor Duchy, Sir H. Withrington, Sir Tho. Lucy, Sir Geor. Manners, Sir Wm. Spencer, Mr. Alford, Mr. Recorder, Mr. Noye, Mr. Crew, Sir H. Poole, Sir Geor. Moore, Mr. Solicitor, Sir D. Digges, Mr. Glanvyle, Sir Sam. Sands, Sir Wm. Strowde, Sir Rich. Tichborne, Dr. Gooch, Mr. Finch, Sir Francis Barrington, Sir H. Fane, Lord Wriothesley.
L. 2a. A Bill for Naturalisation of. . . Little: - Committed to Sir Geor. Moore, Sir Francis Goodwyn, Sir J. Perrott, Mr. Wild, Sir A. Ingram, Mr. Cooke, Mr. Brandling, Sir Tho. Wyse, Mr. Pryce, Sir Rich. Gravenor, Sir Tho. Hamond, Mr. Vaughan, Mr. Spencer, Mr. Coucher:
L. 2a. - Hollyman. - Committed to Sir Geor. Moore, Sir A. Ingram, Mr. Wyld, Sir To. Trevor, Sir James Perrott, Mr. Mann, Mr. Carye, Sir Edw. Sands, Sir Francis Goodwynn, Sir Rich. Gravenor, Sir Jo. Heppesley, Sir Tho. Hamond, Sir Jo. Ratcliffe, Mr. Wingfeild: - This Day sevennight, Exchequer. ...