House of Commons Journal Volume 1: 11 May 1626

Jovis, 11o Maii

Salmons.

BILL of Salmons, - this Afternoon.

Religion.

Committee of Religion to meet this Afternoon, Two Clock.

Levett's &c. Decree.

L. 1a. An Act for Relief of Jo. Porter, Guardian of Jo. Levett, an Infant, against a Decree made in the Court of Chancery, the 27th Day of June, in the 20th Year of the Reign,of the late King, of famous Memory, between Sir Gerrard Sammes Knight, and John Argoll Esquire, Plaintiffs, and John Porter, Defendant.

L. 2a. - Knights and Burgesses of Warwickshyre and Worcestershyre, Sir Geor. More, Sir Jo. Stradling, Mr. Jo. Drake, Sir Ew. Thelluall, Mr. Lowther, Sir Rich. Gravenor, Sir Nich. Saunders, Mr. Spencer, Sir M. Abbott, Mr. Francis Drake, Sir Geor. Ryvers, Sir Tho. Middleton, Mr. Whitaker, Sir Tho. Hobby, Sir Francis Barrington, Mr. Cage, Sir J. Perrott: - Monday, Two Clock, Exchequer Court.

Asteley's Nat.

L. 2a. An Act for Naturalizing of Jacob Asteley, Henry Asteley, Thomas Asteley, and Barnard Asteley, Children and Sons of Sir Jacob Asteley Knight, &c. - Committed to Mr. Spencer, Mr. Jo. Drake, Mr. Thomson, Mr. Whitaker, Sir Ro. Quarlesse, Mr. Bateman, Sir Nich. Saunders, Mr. Bisse, Sir Rich. Gravenor, Captain Brett, Mr. Francis Drake, Sir Francis Barrington, Sir Geor. More, Sir M. Abbott, Sir Cl. Throckmorton, Sir Rich. Buller, Mr. Owen, Mr. Earle, Mr. Lowther, Sir Tho. Middleton, Sir Wm. Owen, Sir Wm. Strode, Mr. Wentworth, Mr. Bateman, Sir Jo. Stradling : - Tomorrow Morning, Seven Clock, Court of Wards.

Bave's Nat.

Bave his Bill, - at the same Time.

Hutton's Estate.

L. 2a. - Hutton. - Committed to Mr. Wandesford, Sir H. Poole, Sir H. Anderson, Knights and Burgesses of Yorkeshire, Sir Francis Barrington, Sir Jo. Stradling, Sir A. St. John, Sir Jo. Delavale, Sir Rich. Strode, Sir Jo. Fenwicke, Mr. Lowther, Mr. Littleton: - This Afternoon, in the Court of Wards.

King's Revenue.

The Committee for the King's Revenue, - this Day, Nine Clock.

Cave's Estate.

Mr. Lowther reporteth Sir Bryan Cave's Bill; that the Committee cast it, by One Voice, to be rejected.

Upon Question, not to be re-committed.

Upon Question, not to be ingrossed.

Religion.

A Petition against one .. with Articles read; and a Book annexed. Referred to the Committee for Religion : And the Party to be sent for, to attend the Committee.

Courts of Justice - Grimsdich's Case.

Sir Nath. Rich reporteth from the Committee for Courts of Justice, Grimsdich his Petition against the Bishop of Lincolne, Churchill, and the Serjeant at Arms who arrested him. - Nothing resolved against the Serjeant, nor against Churchill. -

The Question, between the Co-heirs of Sir Ro. Aston, and Grimsdich: - 1,140 l. This claimed by the Co-heirs of Sir Ro. Aston, as the proper Money of Sir Ro. Upon their Bill exhibited, Grimsdich, upon his Oath, affirmed it was the King's Money.

At the Hearing, Grimsdich proved this, l. By a Note under Sir Ro. Hand: 2ly, By another Note, wherein, and in his Will, all Sir Ro. Aston's Estate set down under his Hand; yet that omitted: 3ly, By a Book of Account, proving Payment of it to all the Parties. -

For the First, they said, this might be a Blank, which he used to make to Grimsdich. For the Second, that this was not the Note delivered Sir Tho. Ireland. For the Third, that the Hands, subscribed to the Receipts, were not their own. Hereupon, in Favour of the Plaintiffs, Grimsdich ordered to prove all these.

A Commission hereupon awarded: Witnesses examined on both Parts. The Plaintiffs hereupon petitioned the last Lord Keeper; who, upon the not Entering of the Order, suppressed the Depositions, and decreed 600l. against Grimsdich; whereas, if so much due, as the Committee conceived, the whole 1,140l. due. -

The Letter of the House, 21 Jac. to the Lord Keeper, for re-hearing the Cause. - No Re-hearing. - Fetched up by a Serjeant at Arms, and forced to enter a . .. -

1. The Suppression of this Proof holden irregular, and the Proof in this Case lawful.

2. This done by a private Order in a Chamber; Grimsdich - not called to it; That being contrary to the King's Proclamation.

3. The Ground of refusing it; which was, the not Entering of the Order: For which he ought rather to have punished the Register, whose Fault it was not to enter it, rather than prejudice an innocent Party.

4ly, That upon the Hearing, he held the Note produced to be false; because, upon his own Knowledge, 100l. therein set down to be lent Grimsdich, was given him by Sir Ro. Aston, out of his Pocket; where this plainly appeareth to be otherwise.

5. Having thus stripped him of his Proof, he committeth him close Prisoner, no Writ, De executione decreti, being served.

That the Committee waved all Matters against the Lord Keeper; he being not in Town, and therefore could not answer.

The Committee of Opinion, this House should write a Letter to the now Lord Keeper, to re-hear the Cause again, super totam materiam, upon all the Proofs taken in the Cause. - Ordered, upon Question, without One Negative.

To be desired also in the Letter, that the Recognisance taken may be withdrawn, and like new Security to be given by Grimsdich.

Ordered, Before Grimsdich shall have thisLetter, he shall consent to let Sir G. Haughton, and the rest, to have, at their Charge, the Copies of all such Books as he hath.

Recusants.

Sir Tho. Hobby moveth, the Petition, for presenting Recusants, may be now determined.

Several Days for Committees.

Bill for Quiet of ecclesiastical Persons. - Saturday, Two clock.

Bill of Excommunication, - Monday Afternoon.

Committing the Duke.

Sir Nath. Rich sent up with the Message, concerning the Committing of the Duke; and Mr. Vice-chamberlain, and Chancellor Duchy, directed, amongst others, to accompany him.

Isle of Canvee.

Canvee Island Bill - To-morrow in the Afternoon.

Adultery, &c.

L. 1a. An Act for the further Punishment of Adultery and Fornication.

Recusants.

Upon Question, the Lord Mordant to be spared.

Sir Tho. Compton, being dead, to be stricken out.

Answer from Lords.

Sir Nath. Rich reporteth from the Lords, that they will take the Message into their Consideration, and in due Time send Answer by Messengers of our own.

Recusants.

Upon Question, whether John Preston, a Bow-bearer, to be left out; the Question twice put; Question, whether the Noe, or Yea, should go out. Much Debate about it.

A Rule, That whosoever will have a Thing, must go out, and so get it.

At length the Noe yielded, and so the Division of the House spared.

Upon Question, Sir Wm. Yelverton to be left out.

Upon Question, the Presentment of confined Persons resorting to London, to be left out.

That Morgann Voyle, in Flynt, to be left out.

Upon Question, Mr. Warryene, a Minister, and Justice of Peace, of Suffolke, to be put into the Presentment.