House of Commons Journal Volume 1: 27 May 1624

Jovis, 27 Maii

Distribution of Collection.

SIR Geor. More moveth about the Contribution. - That they are agreed in a Note of Distribution of Part. - Moveth, he may deliver the Money for Westmynster, to Mr. Mann; to Mr. Bateman, for London; to Mr. Yarrow, ...

This respited till To-morrow, Eight Clock.

Dr. Anyan.

A Message to be sent to the Lords, to desire a Conference about Doctor Anyan, when Mr. Selden comes.

Clergy Subsidies.

Lect. An Act for Confirmation of a Grant of Four Subsides, granted by the Clergy.

Reports to be made.

Sir Ro. Phillippes to make his Report at Two Clock this Afternoon : And the rest of the Reports after.

General Pardon.

Lect. An Act for the King's Majesty's most gracious, general, and free Pardon : - Upon Question, passed : With, " Vive le Roy," una voce.

Removing Dr. Anyon.

Upon Question, declared, that, in the Opinion of the House, fit, that Dr. Anyon should be removed from his now Place; and that he is unfit to hold any other Place, in respect of those foul Matters, proved to the Committee, and reported to the House, against him.

Upon Question, a Petition to be drawn to his Majesty, from this House, to take such a Course for removing Dr. Anyon, as his Majesty, in his Wisdom, shall think fittest.

Mr. Chancellor Duchy, Mr. Pymme, Sir D. Digges, Sir Edw. Sands, Mr. Selden, to pen the Petition.

Serjeants at Law.

5 H. V. Five great men, called to be Serjeants, refused it; and were called into the Parliament, to accept it.

Now Men get it per ambitum. Serjeants the Seminaries for the Courts of Justice.

Resolved, Sir Edw. Coke shall. To-morrow Morning, bring in a Draught for this.

Statutes.

For the Bill of Continuance and Repeal of Statutes : Resolved, To accept it, with the Amendments, both for the Wines, and 34 H. VIII. for Wales. This done, upon the Question.

Alienations.

For the Bill of pleading upon Alienations : Resolved, upon Question, A Conference shall be prayed about it, at the Lords next Sitting.

Prayer, &c.

Upon Sir B. Hicks' Motion, Ordered, He shall bring in a Prayer and Thanksgiving, to be said at the Parting of the Parliament.

Dr. Anian.

The Petition of Grievance, for Dr. Anian, read, and allowed.

Jovis, 27o Maii

Butter, &c.

THE Proviso in the Bill of Butter and Cheese, thrice read, and allowed.

Ryvers.

The Alterations in Sir John Ryvers' Bill, twice read, ordered to be inserted.

Bills from Lords, &c.

The Bill of Monopolies : Relief of Patentees: Butter and Cheese: Inferior Courts: Sir Francis Clerck's: Colchester : Continuance of Statutes: Relief of such as die in Execution: Sir Jo. Ryvers Bill; which came from the Lords, with Alterations: Sheriff's Quietus est, new: -

King appoints to be attended.

Mr. Comptroller reporteth from his Majesty. - He is graciously pleased to give Audience to our Grievances, To-morrow in the Afternoon, at Whytehall: Leaveth the

Number to this House, wishing they may not be too many.

Thomas' Case.

Sir Ro. Phillippes reporteth from the Committee for Courts of Justice, Mrs. Thomas Complaint. - That Mr. Thomas, her Husband, 15o Eliz. estated a Mill and Lands upon himself, and his Heirs, till Marriage; after, to him and his Wife, and the Heirs of their Two Bodies. -

That Sir A. Thomas hath received the Moiety of the said Rents and Profits. That Herryott exhibited a Bill in Chancery against Mrs. Thomas, Sir A. Thomas, and one ... - An Hearing upon it. Decreed, that, where

Sir A. Thomas had borrowed oi Herryott 2000 l. and given Thomas a Statute for it, Sir A. Thomas should pay 2200 l. and for that 120l. per Annum should be sold of Sir A. Thomas Part. -

She allegeth, this done without her Consent, though recited otherwise in the Decree. - That she was ordered to suffer a Recovery, and after to join in Sale of Part of the Lands, for Payment of Herryott's Debt; and the Surplusage to go to Sir A. Thomas. -

A Sequestration granted of all the Lands, except 80l. per Annum. - Orders * ; but withstood by her. She insinuateth, this done contrary to the Law, and by Corruption, as, she said, appeared by the Plaintiff's Words. But the Matter of Corruption being examined, it appeared, it was a Mistake of the Scottish Dialect. - " That my Lord Keeper had taken of him 200 l." - My Lord fully cleared of this, by the Committee; and that it appeared to be but a Mistake. -

For her Consent to the Decree; Mr. Freshwater testified, she, coming from the Bar, protested, she would never consent to it; and after retained a Member of this House to move against it. That her Counsel conceived she was not bound to perform the Sale.

On the other Part alleged, by an Office, found after Mr. Thomas' Death, a dying seised was found in Fee; and that he received the Profits. But alleged on the other Part, that she, hearing of this Office, petitioned against it in the Court of Wards; and that Sir A. Thomas, and his Mother, jointly made Leases, not she solely. -

That Sir A. Thomas, having borrowed the 2000l. found out, that the Interest was in his Mother for the Moiety. - That the Counsel on both Parts agreed, Sir A. Thomas' Part was in Equity liable to the Decree. -

That the Committee, having heard both Parts, resolved, upon Question, with some Negatives resolved, the Decree to be just. The Doubt was upon the Sequestration of her Part, for the Sale of the 120 l. per Annum.

Upon Question, the Lord Keeper clearly freed and acquitted from any Bribery or Corruption.

Upon a second Question, Whether Mrs. Thomas should be called in, or not, the House divided

With the Noe, Sir H. Poole. Mr. Wandesford.

Tellers for the Yea, .....

The Yea yielded, and so they returned.

Sir J. Perrott: - That Mr. Johnson, one of Herryott's Executors, is contented to accept of the Money decreed, with such Damages as Two indifferent Men, in Two Years. -

Sir A. Thomas took upon him to be Owner in Fee of &c. Found an Office accordingly: For 20 Years, reputed Owner, though sometime she joined in Leases : Borrowed

2000 l. of Herryott, upon a Statute of 4000 l. Upon Non-payment, extended. The Land found, by Inquisition, to be Sir A. Thomas' Land. Mrs. Thomas, for divers Years, had but 80 l. per Annum; which is pretended to be only in Love to her Son. -

Mrs. Thomas brought 4000 l. to Mr. Thomas ; and this Land assured to them Two, and the Heirs of their Two Bodies; with a Proviso, that, if she survived, having a Son, the Son should have the Profits of half: So as she had the whole Estate in Law, and he half the Equity ; and she to hold that but in Trust for him. -

The Decree was, she should join in Sale of 120l. per Annum.

Upon Question, the Decree just.

For the Sequestration: - The Mother Party to the Suit; so as, for the Moiety, the Sequestration just.

Upon Question, in the Opinion of this House, the Sequestration of Mrs. Thomas Moiety ought not to stand.

Pleadings in Exchequer.

Sir Edw. Coke reporteth from the Lords, for the Conference about the Bill of Pleadings in the Exchequer; that they will meet To-morrow, Eight Clock, with Nine of the former Committee.

Ordered, Eighteen of the former Committee to meet, and confer. Sir Ed. Coke hath the Bill.