House of Commons Journal Volume 1: 21 May 1628

Mercurii, 21 Maii

Lownes' Petition.

A PETITION from Mr. Lownes, read.

Mr. Serjeant Thynn, Serjeant Crawley, Mr. Greene, assigned to be of Mr. Lownes' Counsel.

Leave of Ab.

Mr. Towerson, of Portsmouth, licensed to go down,

Michell Election.

Mr. Hackwyll reporteth from the Committee for Elections, Returns, and Privileges, the Case for Michell in Cornwayle - Two Indentures first brought to the Clerk of the Crown, whereby Two, viz. Mr. Sparke, and Mr. Buller, certified to this House; after another Indenture brought the Clerk of the Crown, whereby Mr. Cusworth chosen, and returned. The Question only between Mr. Buller, and Mr. Cusworth. It appeared, upon Proof, that Mr. Cusworth elected the 28th [a].

Upon Question, Mr. Francis Buller not duly elected for Michell in Cornewayle.

Upon Question, Mr. Cusworth duly elected.

Upon Question, the Clerk of the Crown to bring, to the House, the Indenture, whereby Mr. Cusworth, returned ; and he to serve ; and the Clerk of the Crown to take off the File, that which was for Mr. Francis Buller,

Recusants.

Committee for presenting Recusants, - To-morrow in the Afternoon, in the former Place.

Billeting Soldiers.

Sir W. Earle reporteth from the Committee, for examining Complaints of Deputy Lieutenants, the Petition from Mr. Higgons, and others, against the Mayor of

Chichester. - Assaulted by a Lieutenant, and Two or Three Soldiers, in his House ; sending to the Mayor for Aid, he slighted it. He, coming to indict these Soldiers, found divers Captains, and other Officers, on the Bench, and the Hall full of Soldiers: Thereupon enforced to depart, without indicting them. He being gone, they indicted him for an Assault of a Soldier. -

Money levied by the Mayor, and, if refused, Soldiers sent to the Houses of the Refusers; who threatened to ransack their Houses. -

The Offences apparent, but Proof failed against the Mayor. -

That the Committees thought fit, to discharge the Mayor, till the further Pleasure of the House known.

A Complaint now made against the said Mayor; that he, and a Justice of Peace, and a Deputy Lieutenant, made a Billeting Roll, for billeting Soldiers, and levying Money for them. The Consideration hereof referred to the Committee for Examination of Deputy Lieutenants, &c.

The Mayor to be dismissed, till the further Pleasure of the House.

Mr. Higgons to examine his Witnesses, to prove his Complaint against the Mayor.

Records and Precedents.

Mr. Cooke, Sir Tho. Grantham, Sir Jo. Wray, Mr. Coriton, Sir Francis Barrington, Sir Wm. Fleetewood, Sir Har. Grimston, Sir Tho. Lucy, Sir Rowl. Cotton, Sir Rich. Grasvenor, Sir Francis Drake, Sir O. Luke, Mr. Pymme, Mr. Hampden, Sir Tho. Dacres, Sir Wm. Constable, Sir Ro. Pye, Mr. Long, Sir W. Earle, added to the Committee for Search for Records and Precedents.

Timber.

Committee for Preservation of Timber, - To-morrow in the Afternoon, in the former Place. Knights of Pembrokeshyre and Norfolke added.

Books of Rates.

The Committee for new Books of Rates, to examine any projected, though not printed ; with Power to send for any Records, Writings, or Instructions.

Subscription.

The Debate concerning the Bill of Subscription, renewed.

Member speaking twice in Debate.

Mr. Selden offering to speak again, having before spoken to the Bill, upon the Reading thereof; much Question, whether he might, upon the Adjournment of the Debate, speak again now. At length he was specially licensed by the House to speak again now.

Two Alterations put in; viz. " hereafter" made " thereafter;" " henceforth " made " thenceforth." -

House to sit.

Justice Doddridge and Justice Crooke bring from the Lords a Message ; That they desire, this House will sit a convenient Time ; for that they are in Debate of the great Business concerning both Houses, and hope they shall dispatch it, so as they may send to us for a Conference this Forenoon ; if not, they will send us word in convenient Time.

Answer returned by the same Messengers ; That this House will sit a convenient Time. -

Subscription.

Upon Question, whether the further Debate of this Bill, concerning Subscriptions, to be deferred ; the Voice doubtful.

The House being ready to be divided, the Noe yielded: So as the further Debate hereof deferred till Saturday Morning, Eight Clock,

Charge against Manwaring.

The Committee for drawing up the Charge against Manwaring, to peruse the Books of Common Prayer, against and to send for the Printer, or any other Person, or Books, or Writings. And it is specially ordered, that any of those, which have this Day spoken to this Bill, may speak again at the Debate after: - In the Treasury Chamber, To-morrow in the Afternoon, Two Clock.

Petition of Right.

Mr. Serjeant Crew and Mr. Serjeant Berkeley bring from the Lords a Message ; That they desire a free and present Conference, in the Painted Chamber, about the great Business.

Answer by the same Messengers: This House will give their Lordships a Meeting presently, in the Place desired.

To go to hear, and not to speak ; but report to the House : And so much the Reporters to intimate to the Lords.

Sir Edw. Coke, Mr. Littleton, Mr. Herberte, Sir Nath. Rich, to be the Reporters.

Sir Edw. Coke reporteth from the Conference, that the Lord Keeper spake. - That they had received Yesterday Reasons from us : 1. That this a Saving upon the Statutes : 2, Would bring ill Effects, as that Saving in Articuli super chartas. 3ly, " Sovereign Power," new Words, not fit for our Petition. 4ly, Not proper, that this should come into our Petition, being a Petition of Right.

- Their Desire to correspond with us in all our just Proceedings. That granted of all Sides, that the Intention of both Houses, to maintain the just Liberty of the Subject, and not diminish the just Prerogative of the King. That this Addition tended only to that End. - Read the Words. - The Word, " leave " imported no more, than the King had before: " That" a Particle of Moment. The last Words gave a plain Construction to all that precedeth. -

Their Reasons against ours : 1. That our Petition not in the Words of the Laws ; therefore this Addition necessary for the King's Satisfaction. -

The Saving, in Articuli super chartas, stronger than this. -

That the Words, " sovereign Power," milder than " Prerogative."

Message from Lords.

A Message sent to the Lords ; That we cannot, with Conveniency, sit this Afternoon ; they having desired to hear from us.

Petition of Right.

The other Reporters, and Assistants, to meet at Sir Edw. Coke's Chamber, Five Clock ; there to agree about the Reasons concerning the Addition propounded.

Time of Meeting.

Resolved, To meet To-morrow Morning, Seven Clock.