House of Commons Journal Volume 1: 09 July 1625

Sabbati, 9o Julii

Sheriffs, &c. Accounts.

L. 2a. AN Act for passing of Accounts of Sheriffs, Escheators, Collectors of Subsidies, Tenths, Fifteens, and Aids, without Charge or Delay : - Committed to Sir Jo. Stradling, Sir D. Digges, Sir Wm. Pitt, Sir A. Herrys, Mr. Wentworth, Sir Nath. Napper, Mr. Taylor, Mr. Langston, Mr. Lowther, Mr. Shuter, Mr. Littleton, Sir A. Ingram, Sir Edw. Gyles, Mr. Ruddall, Sir Francis Goodwyn, Sir Francis Popham, Sir Wm. Owen, Sir Ben. Rudyard, all Knights of Shires: - The First Afternoon next Meeting, Court of Wards.

Clergy Farms.

L. 1a. An Act to repeal so much of the Statute, made in the 21 th Year of the Reign of our late sovereign Lord King Henry the VIII. cap. 13o as doth restrain spiritual Persons to take Farms.

Privilege.

The Marshal brought in Mr. Bassett; and then Mr. Speaker told the Marshal, that the ....

Timber.

L. 2. An Act for Increase of Timber and Wood : - Committed to Sir Geor. More, Sir Francis Goodwynn, Lord Cavendish, Sir Tho. Middleton, Sir Jo. Stradling, Mr. Glanvyle, Mr. Middleton, Sir Wm. Masham, Sir Wm. Pitt, Sir Edw. Hales, Sir O. Cromwell: And all, that will come, to have Voice: - Two Clock this Afternoon, Exchequer.

Adjournment.

Mr. Strode moveth, to send to the King, for his Licence to depart on Monday Morning, according to his Majesty's Intimation: And for an Order, that no new Matter shall be entertained, in respect of the Danger of the Time, and Thinness of the House, and only finish that we have in hand.

Message to Lords.

Mr. Rolle.- - First to send up the Bill of Tonage and Poundage ; and to intimate to the Lords, that we have dispatched all our Businesses here.

Mr. Solicitor to desire a Conference with the Lords, about the Time of our Recess. - Ordered.

And to intimate to them, that we are ready for a Recess, and that we are ready for the other Conferences.

Answer from the King - Religion.

Mr. Solicitor reporteth from the King, concerning the Petition of Religion. - Lord President delivered the Petition, with a Preface from both Houses. - Thanks, for his Grant of the Fast, and gracing it with his Presence. - Now came to present their Petition concerning Religion. - The Penning ours. -

That the King's Answer: - Very glad, we so forward, in Religion. - Assured us, we should find him as forward as we could wish; but our Petition being long, could not now Answer; but shortly would.

That his Majesty further said, he heard, the House was very thin; and therefore wished, till we heard further from him, we should keep together. -

Enlarging Mountagew.

That the King told him, Mountagew his Servant, his Chaplain in ordinary ; and that he had taken the Cause into his own Hand. That he wished, we should enlarge him ; and he would take Care to give the House Satisfaction in the Cause. -

Wine Petition.

That, for the Wine Petition, his Majesty received it; and marvelled, we should now press it; because his Father had set it, and he continued it, for the Maintenance of his Sister, the Queen of Bohemia.

Bailing Mountagew.

For Mr. Mountagew; the Serjeant demanded by Mr. Speaker, where Mr. Mountagew was; he said, he had taken Bail of 2,000l. for his Appearance.

Resolved, Mr. Solicitor shall acquaint his Majesty, that the House proceeded only for his Contempt to this House; and that the Serjeant hath already set him at Liberty upon Bail.

Continuing the Session.

Serjeant Finch and Serjeant Damport bring from the Lords our Bill, concerning the Continuance of this Session, with Addition of Three Words only ; viz. " Our Letters Patents."

Upon Question, not to be committed.

Upon Second Question, these Words to be added. Which done presently .... the Clerk; and then 3dly read, and, upon Question, passed.

Players.

Sir Ben. Rudyard returneth Answer from the Lord Chamberlain; That he hath given Order to the Master of the Revels, not to suffer any Players to play in any Part of England, during the Time of this Infection.

Ordered, Thanks to be returned from this House to his Lordship, for his Care therein.

Bear-baiting, &c.

Sir Ben. Rudyard to signify to the Lords of the Council, that the desire of this House is, their Lordships will be pleased to give a general Order, to restrain Bear-baiting, Bull-baiting, generally, and Bowling Alleys near London, and other like Meetings, dangerous in this contagious Time.

Larceny.

Mr. Glanvyle reporteth the Bill for Petite Larceny : which so much altered, as newly written.

L. 1a. An Act concerning Petite Larceny, and Punishment of the Offences therein.

Conferences.

Lord Cavendish reporteth from the Lords. - They are ready now presently for both Conferences.

The Committees went presently up; with Commission, for the Habeas Corpus, only to hear; and to intimate to the Lords our Desire of Recess upon Monday Morning.

Privilege.

Informed, that the Alehouse-keeper, committed to the Serjeant, is at home, and vaunteth, how he hath escaped, and triumpheth over his Accusers.

Resolved, He shall be brought to the House on Monday Morning next; and Mr. Jordan to procure those to be then here, which can prove his vaunting in this Manner.

Places of Bawdry.

Mr. Jordan moveth, that divers Places; viz. Clerckenwell, Pickehatch, Turnmill Street, Golden Lane, Duke Humfreye's at Black-fryers; are Places of open Bawdry.

Sir Ro. Pye, Sir Francis Barrington, Sir Wm. Pitts, Sir Baptist Hickes, Mr. Jordan, to acquaint the Lord Chief Justice with this Complaint; and to desire him to take some present Order for Reformation of it.

Adjournment.

Lord Cavendish reporteth from the Conference, 1. Concerning the Desire of Recess to be upon Monday Morning

next. Lord President answered, our Motion required no Debate, but Consent. The Manner left to them. -

Habeas Corpus.

For the Habeas Corpus; that the Lords so desirous of Correspondence with this House, that, having a Petition from the Prisoners, yet would do nothing, without our Consent. -

That this should not be, without Consent of Two or Three of the Judges. - Have sent the Petition to us.

Ditto.

Mr. Ruddall: - That it was moved, that this Liberty might extend, as well to other Prisons, as to the Fleete.

Sir Tho. Fanshaw; - That the Course of these Habeas Corpus, against Law, and, as used, an Escape: For the Writ bearing Teste in Trinity Term, to have the Body before a Judge at Serjeants Inn, the Beginning of Michaelmas Term , and, by Colour of this, they go all the Vacation into all Parts of England. - To give no Countenance to this here. To see, what done in the last Plague Time, and to be sure to go thither.

Mr. Rolle: - This directly an Escape in Law : - Therefore not to give any way to it.

Serjeant Ashley: - Hath known this adjudged an Escape ; yet would now have this Liberty granted them, in respect of the present Occasion.

Mr. Taylor, contra. - Justice must be respected, as well as Mercy. - Not to do any Thing against Law.

Mr. Littleton, accordant. - Not to make an Order against Law.

Sir H. Martyn: - This would be a Jubilee for Payment of Debts. - If grant it for the Fleete, then to grant it for all Prisons.

Mr. Ducke, - against this Liberty. - Not to command another's Charity. - The Creditors may consent, not we.

Mr. Whitby: - To leave this to the Lords, without Signification of our Resolution.

Mr. Recorder : - To deliver to the Lords, as the Opinion of this House, that an Habeas Corpus, as now used, is against Law, and an Escape. 2ly, To deliver it to the Lords, as the Opinion of the House, that this being an Escape, a Creditor, consenting, shall never take him more in Execution; for, if he do, the Prisoner may have an Audita Querela. - To have also a Warrant from the House, to refuse to consent here to any such Order: Nor to put it, by Order, to the Discretion of the Judges. - Moveth, a Bill Jo be drawn to that Purpose.

Thanks to the Lords, for their acquainting us with this, and desiring our Advice. Next, that the Habeas Corpus, as used, in the Sense of this House, against Law; for which a Bill here : And therefore we can give no way to it. Lord Cavendish and Mr. Recorder to report it.

Lord Cavendish reporteth from the Lords; that he had delivered his Message; to which no Answer.

Time of meeting.

The House to meet at Seven Clock upon Monday Morning.

Bills sent to Lords.

1. The Bill for Alehouses; 2. For Continuance of the Session; 3ly, For making Leases of the Lands, Parcel of the Duchy of Cornewayle ; 4. For the Tenants of Cheltenham; sent up by Mr. Treasurer.

E. of Dorsett.

Mr. Glanvyle added to the Committee for Lord Dorsett's Bill; Mr. Sherlandand Mr. Whitby: - At Two of the Clock this Afternoon, in the Court of Wards.