House of Commons Journal Volume 1: 21 March 1626

Martis, 21o Martii

Isle of Canvee.

L. 1a. AN Act for the Settling of certain Marsh-lands, lately surrounded, and now recovered, inned, and gained, from the River of Thames, situate in the several Parishes of, &c. and called by the Name of the Isle of Canvee, within the County of Essex, according to an Agreement, &c.

Executors, &c.

L. 1a. An Act for the Recovery of Debts against Executors and Administrators; and Ease of Sheriffs.

Clergymen not to be Justices.

Sir H. Poole reporteth the Bill against Clergymen being Justices of Peace, with Amendments; which twice read. - -Engrossetur. -

Precedents for Dr. Turnor's Case.

Sir Jo. Ellyott moveth, a select Committee, to search for Precedents for Dr. Turnor's Case, to be debated Tomorrow. These Precedents to be brought under Teste; and to be brought full, and not by Parts. -

Mr. Selden, Mr. Noy, Sir Jo. Ellyott, Mr. Rolle, Sir W. Earle, Mr. Pymme. - Warrant to the Clerks, to bring the Originals of such Records hither, which the Committee shall think fit.

Petition redelivered.

The Petition of the Commoners of Backwood, 21o Jac. to be re-delivered.

Turkey Merchants.

Mr. Spencer reporteth from the Committee for the Turkey Merchants Petition.

A Petition, framed by the Committee for the Turkey Company, to his Majesty, read; and, upon Question, agreed to be presented to his Majesty from this House.

Ecclesiastical Courts.

Bill of the Bill of Citations out of ecclesiastical Courts, reported by Sir Ro. Harley, with Amendments; which twice read. - Engrossetur.

Privilege - Member excommunicated, &c.

Mr. Selden reporteth from the Committee, to examine the Proceedings about the Excommunication and Imprisonment of Sir Ro. Howard: 1. How Sir Ro. stood privileged by this House, when these Proceedings against him. - 21o Jac. the Parliament began, 19o Februarii; before which Time Sir Ro. chosen a Burgess. The Parliament began 15o Martii: All the Proceedings against him between 1o Martii, and 20o Martii. 1o Martii, 21o Jac. a Letter missive for his Appearance, and to answer in the High Commission : 5o Martii appeared. Upon his Appearance, an Oath tendered him, to answer Things objected against him. He answered, he was a Burgess of Parliament. They pressing him, notwithstanding, to answer, they at length committed him close Prisoner to the Fleete, so as no Man might speak with him. Having lien Two Days, he petitioned the Lord Keeper for a Corpus cum causa; and, upon Mr. Bembo his Certificate, that he was a Parliament Man, the Lord Keeper enlarged him by 10o Martii. That Day the Court of High Commission pressed him again to answer. He claimed the Privilege of Parliament again. They (the Parliament approaching) gave him Time of Deliberation. 15o Martii the Parliament sitting, and adjourned, 17 Martii they called him again; when he brought them the Copy of the Indenture of Return under Bembo his Hand, and the Copy of the Habeas Corpus, upon which delivered. That he being again pressed to answer, and he claiming Privilege, as before, they, because he shewed no Record, to prove him a Parliament Man, pronounced him contumax, and excommunicated him; ordering him further, he should, before 19o Martii, attend One of the Commissioners, and be bound in 3,000 l. to appear the Wednesday after, and stand to the Order of the Court; and this Excommunication to be publickly denounced excommunicate; and so was at Poule's Cross denounced upon the Sunday after. -

Other Proceedings against him in the first Parliament Caroli Regis, but no Privilege then claimed. This Excommunication continued till 16 Febr. last, when, this House sitting, that Court of themselves absolved him, without his Suit, or Motion; but moved by the King's Advocate, that, after the Parliament, his Excommunication should hold. -

2. The Persons, that thus proceeded against him. Subscribed by Lord Archbishop of Canterbury, Lord Lincolne, . . , and Sir H. Martyn. Lord Archbishop ..... &c. sat, when he committed close Prisoner.

17o Martii, when he excommunicated, Lord Archbishop, Lord Keeper, Lord President ..... -

Tho. Mottersey the Register, that made out the Denunciation of the Excommunication at Paule's Cross.

Sir Jo. Suckling protesteth, he never heard of any Claim of Privilege of Parliament by Sir Ro. Howard.

Mr. Noy: - That Sir Ro. ought to have Privilege in this Suit, where he is called, by the Judge, ad salutem animae. 18 Ed. I. Bogo de Clare cited the Earl of Cornewall in Westmynster Hall, coming to the Parliament. Bogo fined in Parliament, at a great Sum; but moderated to 100l. -

Privilege of Parliament grantable, where the King a Party; because it is but a Suspension for a Time, and for that the King calleth Men to the Parliament, and thereby dispenseth with his own Power for a Time. -

7o E. II. a Supersedeas granted out of the Chancery unto the Courts, for staying Suits for Parliament Men. In this Case the King not immediately a Party.

Mr. Brooke: - That the Privilege of Parliament is 16 Days before, and 16 Days after, a Session of Parliament: Therefore this Letter missive, being within that Time, a Breach of Privilege.

1. Upon Question, Sir Ro. Howard ought to have had Privilege of Parliament; without One Negative.

2ly, Upon Question, Sir Ro. Howard claimed his Privilege of Parliament, in due Manner; without One Negative.

Mr. Selden; - That .... Ed. II. one, that cited a Countess in Parliament-time, by Process from the Convocation-house, committed to the Tower.

Upon Question, a Day to be assigned to the Members of our House, and these other, which are Commoners, to answer, in the House, their Proceedings against Sir Ro. Howard. This to be done upon Friday next, Nine Clock.

The former Committee to consider, what Questions shall be asked of them by Mr. Speaker : To meet Two Clock To-morrow, in the former Place.

Those, of our own Members, to be made acquainted with the Day; for the other Commoners, a Warrant shall issue under Mr. Speaker his Hand, for their Appearance that Day.

Resolved, To proceed in the Debate of the Means of relieving Sir Ro. Howard, upon Friday next.