House of Commons Journal Volume 1: 28 May 1621

Lunae, 28o Maii

Teukesbury.

TEUKESBURY Bill, - Two of the Clock this Afternoon, in the Exchequer Chamber.

James de Butt sworn.

Ogle's Debts.

L. 1a. An Act for the speedy Payment of the Debts of Sir Rich. Ogle Knight.

Executions.

L. 1a. An Act to charge the Lands,Tenements, Goods, and Chattles, of such Persons, as shall die in Execution.

Upmynster Manor.

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 -

Hostlers, &c.

L. 1a. An Act concerning Hostlers and Innholders.

Inns.

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.

Hostlers, &c.

L. 2a. An Act concerning Hostlers and Innholders : - Committed to the same Committee.

Importing Corn.

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.

Imprisonment

Sir Wm. Fletewood reporteth the Bill, concerning Imprisomnent against the 29th Chapter of Magna Charta, with the Amendments; which twice read. -

Mr. Secretary : - That sometime Commitments by the King, or One of his Privy Council. To leave that at large.

Sir Edw. Coke: - 33o H. VI. upon an Habeas Corpus, where the Party imprisoned by Two Privy Counsellors, and the Return being pro rebus Regem tangentibus, remanded. -

* held in Queen Eliz. Time, 24o, 28o, Eliz. by the Judges, where a Commitment by Two Privy Counsellors : - And thinketh it reasonable; but not by One: Never heard that. - To re-commit it.

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.

Mr. Alford: - To explain, what shall be accounted Matters of State. -

Re-committed : - Thursday next, in this House, All, that will come, to have Voice.

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. -

To the first Part Eight, to the second Four, Exceptions ; to the fourth Three Exceptions; in all 15, as to the Bill of Informers.

That, in this Bill, we had to deal with the Judges.

That Justice Houghton desired, these might be taken but as Observations, not Objections. -

1 Ob. That the Bill extendeth to Middlesex; where the Preamble is, for drawing Men hither out of remote Parts.

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.

2 Ob. That the Writ is made void : Which not found in our Books.

Resp, That a very Fine made nullus, in some Cases, by Act of Parliament. Outlawries made void, for Want of Proclamation.

3 Ob. Against the Certiorari: For Justices of Peace may, [at] private Sessions, give Restitution of Possession ; where not fit for Justices of Peace to try Titles.

Resp. That the Law gave it to the Justices of Peace, and the Judges of the King's Bench come in but by Equity * the Book. - ....Edw. IV. -

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. -

Agreed, for Safety of the Justices of Peace, that it shall be endorsed upon the Writ, that Motion hath been made in Court, &c. -

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.

Sir H. Withrington moveth against the 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.

Sir D. Digges: - As to go on with the Chancery, so to look to the Reforming of the Justices of the Peace. - That the Matter of Trade hath been neglected.

Sir Wm. Strowde: - That Abuses in Courts ecclesiastical and civil, great. - To have Commissions into the Country, to examine those Abuses, and prepare them against our next Access.

Sir Edw. Sackvyle: - To set down several Days for several Purposes; which may be holden.

Mr. Beecher: - To petition his Majesty for a Review, where Corruption hath been found.

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 J. Perrott, as Sir Edw. Sackvyle.

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 Edw. Gyles: - To consider especially of the Abuses of the Exchequer.

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.

3ly, Matter of Trade: Which of exceeding Importance. - To proceed in it as fast as we can.

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.

Ordered, The Committee of the whole House shall meet at Two of the Clock this Afternoon, to dispose of the Business of the House: And Mr. Speaker to be here at Four.

Lunae, 28 Maii. Post meridiem.

Adjournment.

SIR Edw. Coke reporteth from the Committee, that the whole Vote of the House is, that, if we should part, as was this Day propounded, we should go all away heavy. -

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 -

Ditto.

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.

Privilege.

Mr. Solicitor delivereth a Petition of one Johnson, Servant to Sir James Whitlocke.

Ordered, Valentyne Fulke, John Moore, and Ro. Locke, to be sent for by the Serjeant, to answer their Contempt contained in the said Petition.

Staplers.

Sir Wm. Spencer reporteth the Staplers Bill, with Amendments ; which twice read. - Engrossetur.

Fleete Prison.

[The] Business for the Fleete, - To-morrow in the Afternoon, in the Exchequer Chamber.

Staplers.

Mr. Alford: - To take some Order for the Bonds given to the Staplers.

Ordnance.

The Committee for Ordnance. - To-morrow in the Afternoon, in the former Place.

American Fishing.

Mr. Glanvyle reporteth the Bill against Tythe of Fishing, upon the Coasts of America, with the Amendments ; which twice read. -

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.

Mr. Glanvyle: - That, at the Committee, no One Voice with Mr. Neale.

Sir Edw. Coke: - That in Norfolke many Ministers have their principal Living by Tythe of Fish taken beyond Sea, called Christ's Dole.

Sir Tho. Row: - Thinketh fittest, to have a Certainty set down. - Ingrossetur,

Conference agreed to.

Sir Edw. Coke reporteth from the Lords, that they have yielded a Conference, in the Painted Chamber, To-morrow, Nine of the Clock, between both the whole Houses.

Informers.

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.

And bring Two Bills: One, concerning the Earl of Bedford's Lands: The other, concerning the Naturalization of Sir Ro. Ayton, and Bowy; with some Amendments.

Answer to Lords.

Answer returned by the same Messengers, that the Sub-committee shall attend the Service, as desired.

Ingrossed Bills.

Sir Ro. Phillippes moveth, the Reading of the ingrossed Bills.

Message to Lords.

Sir Nath. Rich: - To have a Sub-committee, in the Committee Chamber, presently to prepare the Message to the Lords, setting down the Reasons.

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.

Wool Cards.

Mr. Glanvyle reporteth the Bill for Making of Woollen Cards, with the Amendments; which twice read. - Ingrossetur.

Statutes.

The Bill of Repeal and Continuance of Statutes to be read To-morrow, at Eight of the Clock.

Grievances.

The Committee for preparing the Grievances in a parliamentary Manner, to meet To-morrow in the Afternoon.

Merchant Adventurers.

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.

Heyron's Bill.

Mr. Brooke reporteth Sir Edw. Heyron's, Bill, without Amendments. - Engrossetur.

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.