House of Commons Journal Volume 1: 03 May 1626

Mercurii, 3 Maii

Copyholds.

L. 1a. AN Act to enable all Purchasers of Copyhold Lands, within the Realm of England, and Dominion of Wales, to dispose thereof before Admittances to the same. -

Upon Question rejected.

Bp. of Bangor.

Ordered, The Committee for Religion may make a Sub-committee, of Eight, or more, to dispatch the Examination of the Business against the Lord Bishop of Bangor.

General Fast.

The Committee for the Reasons for the general Fast, to meet....

Committees.

Committee for the Bill for Extents for outlawed Persons, - Tomorrow in the Afternoon: And all, that will come to have Voice.

Clerk of the Market: - Saturday, Two Clock.

Passing Sheriffs Accounts : - Friday, Two Clock.

Escheators.

L. 2a. An Act for taking away Escheators Accounts of Nichilles, in Cities and Towns-corporate: - Committed to Mr. Spencer, Sir W. Earle, Mr. Whitson, Sir Tho.

Grantham, Sir H. Poole, Sir Jo. Stradling, Sir Ew. Thelluall, Sir H. Anderson, Sir Francis Barrington, Mr. Taylor, Mr. Mallett, Mr. Earle, Sir H. Spiller, Sir Jo. Savyle, Mr. Jordan, Mr. Lowther, Mr. Cage, Mr. Vernon, Sir B. Hickes, Mr. Bedingfeild, Mr. Kirkton, Mr. Selden, Sir P. Ryddall, Sir Ro. Twisden, Mr. Langston, Sir Tho. Fairfax, Sir Wm. Strode, Mr. Jo. Drake, Sir Wm. Alford: - Friday, Two Clock, Exchequer Chamber. Clerk of the Parcels to attend.

Fens.

Fens.

L. 1a. An Act for the Draining - Resolved, This Bill shall not be secondly read, but after Nine Clock, in a full House, and the House being first moved for the second Reading of it

Quarter Sessions.

L. 1a. An Act, establishing the Quarter Sessions of every County within this Realm, to be held in the Places accustomed.

Recusants.

Mr. Pymme reporteth from the Committee, about the Petition for presenting the Recusants. - That the Committee thought fit, the Lord Mordant should be left out, in respect of divers Testimonies of his Inclination to conform himself to our Religion : So Jo. Preston, a Bow Bearer: Sir Tho. Compton, dead sithence the first Presentment: So those, which dwell in the Country, and resort to the City. These thought fit to be put out -

That the Earl of Arondell hath Three Servants popishly affected. -

Sir Wm. Herberte, and Sir John Herberte, in Mongomeryshire. -

Sir Rich Tichborne, made a Deputy Lieutenant.

Sir Walter Tichborne, having Three Daughters ; One a convicted Recusant, the Second Popish, the Third sent over for a Nun. -

Mr. Warreyne, a Minister, and Justice of Peace of Suffolke, thought fit also to be presented. -

That within the Five Ports no Commission, or Authority, to inquire of Recusants.

That a Jesuit had lived divers Years in Graye's Inn, and Barnard's Inn.; And that; the Committee desired, a Course might be taken, for clearing the Inns of Court and Chancery from such dangerous Persons.

Upon Question, Sir Wm. Herberte's Name to be omitted out of the Presentment.

The Residue of the Business to be deferred until Saturday next.

Charges against Duke of Buckingham.

Sir ... 1. An Introduction, and a Conclusion: These by Two. The other Parts will take up Six more.

Moveth, Eight Persons may be named; and they to divide the Parts amongst themselves; and every of them to chuse Two Members, to assist them in their Preparation of the Business.

Sir D. Digges : Sir Francis Barnam, Mr. Littleton,

Sir W. Earle : Mr. Glanvyle, Sir Wm. Ermyn ;

Sir Jo. Ellyott : Mr. Noy, Mr. Rolles ;

Mr. Herbert : Sir B. Rudyard, Mr. Mason ;

Mr Pymme : Sir Nath. Rich, Mr. Browne;

Mr. Whitby : Mr. Sherland, Mr. Wyld ;

Mr. Selden : Mr. Charles Jones, Mr. Kirton;

Mr. Wandesford, Sir Jo. Strangewayes, Mr. Sherfeild.

These Eight, and Sixteen Assistants, to agree upon the Parts, and divide the Business amongst them.

Grievances.

Agreed, upon Question, the Report of the Grievances to be deferred till this Business past; and then the Report to be made.

The House turned into a grand Committee, about the Time of the 4th Subsidy.

Subsidy.

Mr. Littleton reporteth from the grand Committee, for the King's Supply, that they have agreed to give a 4th Subsidy, to be rated and paid after the usual Manner, to be paid the last Day of July come Twelvemonth.

Upon Question, to augment the Supply formerly intended to be given this Session, by Addition of a 4th Subsidy: This to be paid the last Day of July come Twelvemonth, and to be rated in the usual Manner.

Charges against Duke of Buckingham.

The Conclusion of the Transmission of the Charges against the Duke, read, and so the Preamble.

All to be brought in To-morrow Morning by the Committee of Twelve, and then to be resolved on.

Sheriff of Leicester.

The Sheriff of Leycestershyre's Business to be reported to the House this Afternoon; if Time, after Sir Ro. Howard's Business be dispatched; and he then to attend.

Transporting Ordnance.

Mr. Earle: - That a Grant to Burlimachi and Jacobson, for carrying over Iron Ordnance. That some are now ready to be transported. - To have a Message to the King, for Stay of them.

Upon Question, Mr. Vice-chamberlain, Mr. Chancellor Exchequer, Mr. Chancellor Duchy, to move his Majesty, from this House, that a Stay may be made of Transportation of any Iron Ordnance.

Mercurii, 3o Maii

Marriage.

L. 1a. AN Act for free Liberty to marry at any Time of the Year.

Privilege - Member excommunicated, &c.

Sir Jo. Hayward called in about Sir Ro. Howard his Business, and interrogated; by Mr. Speaker, divers Questions: Answereth. he was not present when Sir Ro. Howard was committed close Prisoner. That he was present at the Excommunication: He saw Sir Ro. Howard tender a Paper to the Lord Keeper, but heard no Word of Privilege of Parliament spoken of; and that the Lord Keeper gave it to the Lord President, and he heard them tell Sir Ro. Howard, it was not worth a Straw. That he hath not known those Courts, but very rarely, kept out of Term, and of late not at all: Cometh very rarely thither, not at all in the Winter Season. That the Commission warranteth Proceedings by Imprisonment, Fine, or otherwise, by all or any of them. That he was not spoken to by any, to come to that Court.

Dr. Pope, called in, and interrogated, answereth, 1st, he was present, 5 Martii, and 17o Martii. That the first Day he claimed no Privilege; the second Day he did. That Eight Lords there. Parliament-men. He ignorant of the Privileges of Parliament: Gave Credit to the Opinion of those Lords, and other, which had been Parliament-men. That it never came to Voices. That he set his Hand to both Sentences, of Imprisonment, and Excommunication; and the Use is, that all set their Hands, upon a Consent by the major Part, though a Map, subscribing, have been against it. That these Courts are kept rarely out of Term, but by special Mandate of the King, or of the Lord of Canterbury. That they may commit to close Prison; because the Commission being to imprison, the other is vicinum mandato.

Mr. Mottersey, the Register, called in, and interrogated, confesseth that he made the Entry of the Claim of Sir Ro. Howard his Privilege of Parliament; and that Sir Ro. Howard tendering a Paper about it, the late Lord Keeper and the Lord President said, it was of no Worth, being no Record. That one Porter of Ware, was both committed close Prisoner, and excommunicated, for refusing to take the Oath.

Upon Question, all the Proceedings in the High Commission Court against Sir Ro. Howard, from the First of February, 22 Jac. at which Time he ought to have had his Privilege of Parliament, declared to be void, and ought to be vacated and annihilated.

2ly, Upon Question, whether a Letter to be written by Mr. Speaker to the Lord of Canterbury, and the rest of the Lords, and others of the High Commissioners, for annulling of the said Proceedings; the House divided : The Yea went out:

Tellers for the Yea, Sir H. Poole, Sir Tho. Denton :

Tellers for the Noe, Sir Francis Fuliambe, Mr. Wandesford :

With the Yea, 105.

With the Noe, 114.

Difference, 9.

Upon Question, Sir Jo. Hayward, Dr. Pope, and the Register, called in, and the Effect of the said Order to be declared to them by Mr. Speaker; and that the House expecteth it be done, and to hear by Monday next, that this be done; and, in the mean time, the House will respite any Resolution concerning themselves; and that they attend the House again upon Monday Morning: And the like Notice to be given to Mr. Comptroller, and Sir H. Martyn, by the Serjeant. All which was done by Mr. Speaker accordingly.

Charges against Duke of Buckingham.

Sir W. Earle moveth that Mr. Glanvyle may, by the charges House, be ordered to deliver that Part, which was assigned to Sir W. Earle, - Ordered.

Privilege - Sheriff of Leycester.

Mr. Littleton reporteth the Complaint against the Sheriff of Leycestershyre. - That the Sheriff....

That the Committee of Opinion, that this a Contempt against the Privilege of free Election. -

That, in respect of the Youth of the Sheriff, and that he protesteth, he did it of Ignorance, were of Opinion, that he should be only admonished by Mr. Speaker in the House, and bear Sir H. Hastings' Charges of his Witnesses.

The further Debate hereof respited till To-morrow Morning.