Mercurii, 5 Die Martii, 1605
Ly. Verney's Jointure.
1. Reading: - B. FO R Explanation of an Act made in the Parliament holden at Westminster, in the 39th Year of the Reign of the late Queen Eliz. intituled, An Act for Confirmation of the Jointure of the Lady Verney, Wife of Sir Edmund Verney Knight.
Leave of Absence.
Captain Cuny hath Leave to depart.
Sir Rich. Staughton hath also Leave to depart.
York, &c. Customs.
Mr. Brook bringeth in the Bill for Allowances of York and Hull, in Customs; and, upon the Question, to be ingrossed.
1. Reading: - B. For Confirmation of such Estates, made by Archbishops and Bishops, as are agreeable to the Laws of the Realm : - Upon the Quest, rejected.
2. Reading: - B. against Pluralities and Non-residence: - And committed to Sir Antho. Cope, Sir Fr. Hastings, Sir Geo. Moore, Sir Rob. Wingfield, Sir Rob. Oxenbridge, Sir John Savill, Sir Geo. St. Poll Sir Roger Wilbram, Sir H. Nevill, Sir Chro. Perkins, Sir Wm. Strowd, Sir Rol. Litton, Mr. Alford, Sir Edw. Mountague, Sir Nath. Bacon, Sir Wm. Wray, Sir Dan. Dun, Mr. Crewe, Mr. Yelverton, Sir Geo. Fleetwood, Mr. Bond, Sir Oliver St. John, Sir Tho. Crompton, Mr. Fuller, Sir Fr. Barrington, Sir Jo. Heigham, Sir Jerome Horsey: - Saturday.
2. Reading: - B. For shooting in Guns, within Five Miles of the Sea-side : - Upon the Quest, rejected.
Mr. Duncombe moveth, touching Report to the King, that One should say, that if the King did not restore the Ministers, he would never give his Consent to the Subsidy. - He named none.
Mr. Attorney, Mr. Solicitor, Sir Fr. Bacon, Mr. Recorder, Mr. Yelverton, Mr. Serjeant Shirley, Mr. Crewe, Sir John Boys, Mr. Buller, Mr. Brock, Mr. Fra. Moore, to draw the Bills of Recusants.
Mr. Moore beginneth the Dispute, touching Purveyors. -
Conveniency of Composition : -
Benefit to the Subject: -
The Ease of the Grievance, if the Law be not executed. -
We were making a Law, that would draw the most Princes of Europe into Enmity ; therefore something to be done by way of Composition.
Sir H. Poole, against the Composition, and for the Passage of the Bill.
Sir Geo. Moore: - That the Bill is stopped by Necessity. -
To take, not only in Markets, but at Mens Houses. -
Take, not only where the Party is willing, but where he withstands it. -
Removes the greatest Grievance.
Mr. Gawyn, against Composition.
Mr. Fuller; - If the Laws cannot bind the King in Matter of Purveyance, as the Judges delivered, then the Composition to no Purpose, -
If certain Grievances were known, and remedied, it would bring to the King's Coffers Sixty thousand Pounds by Year. -
Not to compound, until the Grievances were opened, and known.
Sir Rob. Hitcham: - The King may grant a Prerogative, as necessarium; but not a Prerogative, ex necessitate. -
Neither by Charter, nor by Act of Parliament. -
The King cannot grant, that no Juries shall go upon Trials.
Mr. Speaker: - That only Matter of Conveniency fit now to be dealt in.
Mr. Spycer, against the Composition: for the Uncertainty ; for the Difficulty:
Mr. Hoskins: - 6 E. III. Duke of York's Case : -
Merchants granted Two Shillings upon every Ton. -
Jus Regis: - 1 Sam. viii. - To People, that God had rejected. -
Deuter. xvii. - A King, that is not lifted up above his Brethren. -
No Composition, but some other Composition.
Sir H. Mountague: - After the Time of H. III. began Purveyance : - Till H. III. the ancient Demesne Tenants ever provided for the Houshqld. -
The ancient Demesne Rent paid till this Day in the Pipe Roll. -
Till H. I. Farmers Meat-finders : - No Rent, but Provision. -
H. II. made Purveyors. -
King John. - H. III. Time, a. Suit to be released of the Purveyors.
Fleta, in titulo, De emptore. -
Appreciare: - Capere. -
Terra antiqua: Custuma antiqua: - Prisa antiqua. -
If the Security do not appear, and the Proportion easy, cannot tell what to move for Composition.
Sir Walter Cope:- - Before Magna Charta, an Emptor. -
Tonage and Poundage not only for the safe Waftage. -
Great Compositions for a Time, ne trahatur in exemplum, -
Confer with the Judges, confer with the Lords, for * * *
Sir Edw. Mountague; - First to consider, whether a Composition: -
If there may be a Stock raised to relieve the King, so as the Lands be not taxed. -
Offered a Question for Composition, ready penned; which the House did not presently approve; but deferred the further Dispute of this Matter.