House of Commons Journal Volume 1: 21 May 1614

Saturni, 21o Maii

Alehouse- keepers.

L. 1. AN Act for the better Execution of Two other Statutes, made against Alehouse-keepers, sithence the Beginning of his Majesty's most happy Reign.

Sutton's Hospital.

Committee for Suttons Hospital, upon Wednesday next in the Exchequer Chamber.

Durham Franchise.

Mr. Jenison moveth for the first Reading of the Bill for Durham.. Which thereupon questioned ; but at length, by Order, read.

L. 1. An Act for Knights and Burgesses to have Place in Parliament, for the County Palatyne, City of Durham, and Borough or Town of Barnards-castell, alias Castle-barnard.

Weights, &c.

Mr. Fuller moveth a Day for false Weights, and an Addition of Committees: Which committed to the Committee for small Debts; and Sir Tho. Smyth, Mr. Connocke, Mr. Dobleday, Mr. Hughe Middleton: - To meet on Wednesday next, in the Afternoon, in the Exchequer Chamber.

Monmowth Alms-house.

Mr. Davyes reporteth the Bill for the Alms-house in Monmowth, with a few Amendments. - Ordered to be ingrossed.

Exmouth Pier.

L. 2. An Act for erecting of a Pier in Exmouth. -

Mr. Browne: - That this Bill a fair Shew; - against the publick Good. -

The Qualities in a good Haven. - Commodious. - Can never be made a good Harbour. - Not necessary; for one old within Three Miles; - Lyme. - Not fit to have a Haven in a private Village. - That this will be prejudicial to the King, for Lyme the King's Town. - A Decay to the King's Farm. - That the Duties greater, than at Lyme. - That no Man ought to make a Haven, without the King's Licence. - No Record that this ever a Haven before.

Sir D. Digges, for the Bill; and answereth Mr. Browne's Reasons. - That Osteand a poor first Fisher-town.

Mr. Glanvyle, accordant; the rather, because resorteth to Parliament, not to Patent.

Mr. James, Sir Wm. Strowde, accordant. - Committed to the Knights and Burgesses of Devon, and Dorchester, and Cornwall, Somersett, and County of Excester, Sir D. Digges, Sir Ro. Maunsfeild, Barons of the Cinque Ports: - Wednesday next. Court of Wards.

Sunday.

L. 3. An Act for Punishment of divers Abuses on the Sabaoth-day, commonly called Sunday. -

Mr. Alford: - That an Act of this Nature in H. VII. or H. VIII. Time, an Act of this Nature made; because they will then leave these Sports, and go -

Sir Jerome Horsey: - That this a Trick of old Parliament-men, to give a Bill a Jirk at the last Reading. - He is sorry Mr. Alford should do it. -

Passed, upon the Question.

Conference.

Ordered, That Mr. Secretary shall now pray a Conference with the Lords, at any Time after this Afternoon : desired. Which done accordingly.

Weares, &c.

L. 2. An Act for pulling down, and against the Erection of, Weares ; and for the Preservation of the Fry of Salmon, and other Fish. -

Mr. Bowes: - To have another Time added ; and to have the Penalty increased; and to have it committed.

Mr. Fuller: - To have all such Weares pulled down, as set up within Sixty Years.

Sir Edw. Gyles, accordant. - That a Child, with a crooked Pin, will kill 100 young Fry of Salmon.

Sir Geor. Moore, - against pulling down of all Weares; for will clog the Bill with that, which will never pass.

Sir Ro. Johnson: - That all Weares may be excepted out of the Bill, which have stood 100 Years.

Mr. Drake -

Committed to Mr. Bowes, Sir H. Witherington, Mr. Drake, Sir Jo. Savyle, the Knights and Burgesses of Devonshyre, Cornewall, Yorkeshyre, Gloucestershire, Hampshyre, Dorsetshyre, Monmowthshyre, and Herefordshyre, the City of Excester and Yorke, the Burgesses of Chester, Sir Geor. Moore, Sir Jo. Hollys, Sir Ro. Johnson, the Burgesses of Newcastell: - Thursday, in the Court of Wards.

Vere's Nat.

L. 3. An Act for Naturalizing of Eliz. Vere, and Mary Vere, Daughters of Sir Horace Vere Knight: - Passed, upon the Question.

Murrey's Nat.

Mr. Dr. Amy and Mr. Dr. . . do bring.. from the Lords, a Bill for the Naturalizing of Eliz. Murrey.

Yew's Estate.

L. 3. An Act for the Enabling John Yew, Clothier, to make Sale of certain Lands, to the Payment of his Debts: - Passed upon the Question.

Answer from Lords.

Mr. Secretary reporteth, that they will consider of the Message, and return Answer thereof, by their own Messengers, in convenient Time.

Crown Debts.

L. 3. An Act against the Vexation of his Majesty's Subjects, by assigning Debts to the Crown. -

Re-committed, into the Committee Chamber; and nothing altered. -

Passed, upon the Question.

Ordinances in Wales.

L. 3. An Act of Repeal of One Branch of the Statute, made in the Session of Parliament, holden, upon Prorogation, at Westmynster, the 22th of January, in the 34th of the Reign of King Henry the Eighth, intituled, An Act for certain Ordinances in the King's Majesty's Dominions, and Principality of Wales. -

Sir H. Townshend: - That, if this Law stand, the Government in the Marches will be taken away.

Mr. Jones, and Mr. Davys, contra: - And that Mr. Solicitor hath given Allowance to it.

Sir Edw. Sands: - That a Parliament cannot give Liberty to the King to make Laws. -

Passed, upon the Question.

Impositions.

Mr. Jones: - That the King can no more impose, for Impositions. Protection, upon the Sea, than upon the Land. -

Any Man may go, by the Common Law, beyond Sea. The King may restrain, where any Man's being here necessary for the Commonwealth, or where he would go over to do hurt. -

Cannot dispense to go over, for Money. Non potest malum facere: Which if he should. -

A Merchant hath Power, by divers Statutes, to go, paying old Customs, not new Impositions. -

That Tenants, in ancient Demesne, anciently but the King's Vilaynes; so Impositions would make us here. 2ly, They not liable to the Laws here made; therefore, there being no other Means to tax them, the King may do it upon his own Tenants. -

That the King hath a Penny, in London, for every Gaging, as chief Clerk of the Market, to see the Wine be full.

Sir H. Wotton: - Not the Glory of Opinion now affected, but the Glory of Right. - That he hath conceived some Doubts, which trouble his Understanding, which concerneth Sir Ro. Owen's Part. That we have a King patientissimus vere. - In the Zeal of the Cause wisheth Two Things.: 1. That Sir Ro. Owen may be ranked in One of the first Orders: 2. That Sir Ro. O. do look well upon Ground he treadeth. - That this will prove true, that, Power of Imposing belongeth not to elective Princes, but successive. That the Emperor cannot impose, but in the Imperial Dyets. That the King of Poland imposeth not also, but so. That in Italy every small Prince imposeth upon what he pleaseth. That King of Spayne imposeth not in the Kingdom of Arragon; where they say, at his Coronation, " We, as great as you, make you King, to rule us according to our Laws." -

That in Castyle, where hath the Crown more freely, imposeth freely at his - freely. -

That in Fraunce the King imposeth; as, in Fraunce,

- the last King, by imposing upon Salt, got 14 Millions and 800,000 l. And that H. IV. imposed a Necessity upon every House to buy Salt.

That a Prince that cometh in by Descent, hath greater Power than an elective. -

That beareth so great a Zeal to the Publick, as will pardon whosoever shall answer his Objections.

Sir Roger Owen: - That no Prince in Italy did anciently impose. -

That all Sir H. Wotton spake for Sp. and Fr. in Fact true; but must confess, and avoid; for the King of Fraunce doth impose; but the Books of their Laws there are directly against it. - That the First Original of Kings Right to Election is at first by Election and Consent.

Mr. Secretary : - Hath no Purpose to maintain the Right of imposing. Out of his Love to the House, wisheth a grave Consideration of this Matter. That it will not appear, upon due Examination, that foreign Princes do not impose, though not by Law, yet, by their Prerogative royal. That the Emperor imposeth not, where elected Emperor; otherwise, where Duke of Austrya. That all the Princes of Germany. - That this, done de facto, till the contrary proved, done de jure. - At Colen, Impositions upon Goods passing up and down the River. - That every Prince in Italy imposeth. That the King of Spayne, as King of Spayne, imposeth there.

- For Sir R. O. multa dicit, nihil probat. - That the King of Fraunce, without Assembly of States, doth imposeth.

- If he can shew that the King of Fraunce hath any Power from the Three Estates. -

Sir Tho. Rowe: - That the Dukedom of Florence and Milane mere Tyrannies. That the First that ever imposed in Castyle, had Power from the Courts there; which suitable to our Court of Parliament.

Sir D. Digges ; - That the First Ground, that which we have received from our Neighbours, - nolumus mutare leges Angliae: - That the rest but Illustration; and do cross the unfit Persuasions of some, which tell the King they do it in Fraunce and Spayne: where he as great as they.

Sir Edw. Sands moveth, how weighty these Impositions are, sithence 14 Millions and 800,000 l. by One King for Salt; and hath enforced Men to buy. - That a home Commodity. - That the King of Fraunce, and the rest of the imposing Princes, do also make Laws: - That will, in short time, bring all to a tyrannical Course, where Confusion both to Prince and People - Death of the last great imposing Prince. - No successive King, but First elected. - Election double; of Person, and Care; but both come in by Consent of People, and with reciprocal Conditions between King and People. - That a King, by Conquest, may also (when Power) be expelled. - That no Argument, that the King of Fraunce may impose; ergo, the King of England may. - Moveth, Sir Ro. Owen may, to the Sub-committee, bring forth the Books, Reasons, and Authorities, he will stand upon. - Ordered,

Mr. Wentworth: - xi Danyell, 20th Verse; " A vile Person, &c."

Sir D. Digges moveth, Mr. Secretary and Sir Ro. Wotton may be present with the Sub-committee, when they peruse Sir Ro. Owen's Books, &c. But that not consented unto.