House of Commons Journal Volume 1: 25 May 1604 (2nd scribe)

Veneris, 25o die Maii, 1604

Ecclesiastical Courts.

Mr. Fuller bringeth in a new Bill, for Reformation of Abuses in ecclesiastical Courts and Causes; being penned with the Privity and Consent of the Committees in that Cause.

Brokers.

The Bill against Brokers . - The first Reading.

Decree in Chancery.

The Bill for Confirmation of a Decree in Chancery, made for the Payment of Money, and Re-assurance of a Lease: - First Reading.

Plague.

Mr. Hyde bringeth in a new Bill, for Relief of such as are infected with the Plague; reporting the former Bill, with a Vacat, as not fit to be retained.

Inns, &c.

Mr. Johnson bringeth in the Bill to restrain the inordinate Haunting and Tipling in Inns, Alehouses, and other Victualling-houses, with some Amendments; but a Fault being found by Mr. Speaker .....

Navy, &c.

Sir Edw. Grevill bringeth in, from the Committee, the Bill for the better Execution of former Laws for Maintenance of the Navy, and to set Mariners more plentifully on work, than of late time they have been, in Voyages of Fishing, with Amendments; and ordered to be in-grossed,

Melcombe Regis Church.

Mr. D. James bringeth in, from the Committee, the Bill for the Erecting and Building of a Church in Melcombe Regis, to be the Parish Church of Radipoll, and for making the old Church of Radipoll a Chapel, belonging to the same, with Amendments; and, upon the Question, ordered to be ingrossed.

Exchequer.

Mr. Tate bringeth in, from the Committee, the Bill for Reformation of Abuses in the Exchequer, committed against Sheriff's, Collectors of Subsidies, and other Accountants, with some Amendments; but because it was meant, a Note should be annexed, and that the Under Sheriffs are out of Town, deferred till the Term.

Informers.

The Bill for Reformation of Abuses of Informers upon penal Statutes : - The first Reading. - Sir Jo. Savill.

Rowse's Estate.

The Bill for the Sale of the Lands of Sir Tho. Rowse Knight, deceased : - Second Reading, and committed -

Sir Antho. Rowse, Sir Charles Cornwallys, Sir Edw. Lewknor, Sir Geo. Fleetwood, Sir Rob. Wingfield, Sir Tho. Ridgeway, Mr. Pettus, Sir Rob. Wroth, Mr. Nath. Bacon, Serjeant Hubbard, Sir Wm. Stroud: - This Afternoon, Court of Wards.

Husbandry, &c.

The Bill for the Execution of the Statutes against the Decaying of Towns, and Houses of Husbandry, and for the Maintenance of Husbandry and Tillage, made 39 Eliz. - The second Reading, and committed. - Sir Edw. Mountague, Sir Rob. Oxenbridge, Sir Wm. Fleetwood, Sir H. Beamount, Sir Francis Hastings, Sir Tho. Ridgeway, Sir Tho. Holcroft, Leicester, Buckingham, Darby, Sir Charles Cornwallys, Sir Antho. Rowse, Mr. Yelverton, Mr. Tate, Serjeant Shirley, Sir John Dormer, Mr. Chro. Pygott, Mr. Johnson, Sir Tho. Mounson, Sir Jo. Heigham, Sir Geo. St. Poole, Sir Geo. Villiers, Mr. Attorney .. . Mr. Nath. Bacon, Sir Tho. Freak, Sir Wm. Skipwith, Sir Rob. Wingfield, Sir Nich. Saunders, Mr. Recorder of London, Sir Rob. Mansfield, Mr. Fra. Moore, Sir Percyvall Willoughby, Sir Chro. Hylyard, Sir Robert Cotton, Sir Roger Dallyson, Sir Edwyn Sandys, Mr. Bullingham, Mr. Martin, Sir Tho. Dallyson [a] - Wednesday Chequer Chamber,

Mayors sitting in Parliament.

Mr. Moore reporteth, 38 H. VIII. that a Resolution was taken in Parliament, that Mayors stood disabled to be of the House ; and wisheth that a like Resolution. -

Deferred Dispute, until the House be fuller.

Judgments.

The Bill for Registering of Judgments, that may impeach any Executors of Wills, Administrators of Goods, Purchasers and Farmers of Lands: - The third Reading; and Serjeant Hutton, of Counsel with the Pronotaries of the Common Place, heard at the Bar.

Mr. Holt maintaineth the Bill.

Mr. Hyde: - An unjust Bill.

Upon the Question, dashed, and not One Yea with it.

Because a new Office. Ill Precedent, because needless : Because a good Calendar already : Because impossible, in respect of the Multitude of Judgments; Because unjust, in taking Fees from the Pronotaries, which belonged unto them.

Union with Scotland.

Union. -

Sir Fr. Bacon reporteth the Conference Yesterday. - This new Project like a Crystal. -

Of the Defence, and Opposition, of the Two former Provisoes. -

All the Provisoes superabundant, and suspicious; and therefore to be taken away.

Something in the Preamble, to declare, that there was no Purpose to alter the Laws. -

The Lords undertake to make the King acquainted with this new Project. -

Wardship.

Sir Edwyn Sandys bringeth in Writing, the Proceeding in the last Committee, touching the Matter of Wardship ; which he readeth; and offereth it to the Consideration of the House, without Enlargement of the Reasons, but only readeth the Heads.

Assert Lands.

The Bill for the Establishing of certain Lands, called Assert Lands, in the Owners and Possessors thereof: - The Third Reading, and, upon the Question, passed; but first much argued and disputed.

Assert Lands. -

Serjeant Dodridge: - Particular in a Generality. - The Preamble he liketh well: The Body, a Doubt. -

It concerneth the King's Majesty in Right of his Crown. - They should rather have sought the Establishment, by a Petition, than by Act. -

Preamble, arrented Land; Purviewe, asserted. -

Every asserted arrented: Every arrented not asserted. - Arrented, by the Justices in Eyre, by Commissioners, by Letters Patents. -

By Connivance of Stewards : By mere Wrong.

No Estate of Freehold by this Arrentation. -

Asserted Lands, improved Lands, in English. If the Possessors have encroached more, than was arrented, all asserted Lands; and to pass by this Bill. -

By the Body, the Subject hath no Estate; only in the Proviso: - As it were. Tenants at Will of arrented Lands. Mr. Fuller, - for the Bill.

Mr. Solicitor, - against it. - The Bishop of Winchester hath no Copy Lands.

Mr. Martin : - That any Man is here as much of the King's Counsel, as Mr. Solicitor. - Upon Mr. Solicitor's Speech, that he hoped, they would give him Leave to speak in this, that concerned the King, in respect of the Place he held under the King.

Sir Francis Bacon: - The King's Counsel never heard in this House, at the Bar, or within the Bar, (as they ought to be) because the whole House is of the King's Counsel. -

The Lord Treasurer letteth Crown Lands, ex mero officio, by way of Custody. - Si quis amplius dare voluerit.

Sir H. Montague, - for the Bill, with many Reasons; and in the End, putteth a Case.

Mr. Speaker moveth, that the Bill will do Hurt, where it is intended for Good. -

That some, which were not satisfied, should come to him, and he would prepare them; and then wished it should be put to Question.

Sir H. Hubbard, - against the Bill. Mr. Yelverton, - with the Bill. - That it is with the King's Honour to right his Subjects.

Mr. Fanshawe, - against, in respect of much Assert Lands in the Duchy; which would all be taken from the Duchy to the Crown by this Bill.

Great Question made, whether the Bill should be presently put to Question.

A Question, Whether it should be presently put to Question : Resolved, It should.

Being put to Question, the House divided. This Bill much disputed, with great Earnestness, and Argument; and the King's Counsel (whereof Mr. Speaker was one) very averse in it. Amongst other Things, Mr. Speaker urged, that there were 32 gross Absurdities in the Bill: Yet, the House being divided, there were with the Bill 108, and but 94 against it.