Veneris, 1o Junii
ORDERED, That a Letter shall be written, by Mr. ** Speaker, to the Court of Duchy, for Stay of a Suit, concerning Sir Francis Popham's Inheritance.
Privilege during Adjournment.
Moved, that all our Privileges are to remain during this Adjournment.
Sir Edw. Sands: - That that held so Yesterday here by the Lawyers ; but that some of the Lords held otherwise, where the Adjournment by the King; and made a Difference between that Adjournment, and where an Adjournment by the House.
Sir Edw. Mountague: - That mistaken. That, which was spoken by the Lords, was not for the Privileges of this House (for that was agreed by them) but that, which was spoken, was, that, when the King adjourneth, we can, in the Interim, proceed with no Parliament Business.
Sir Rich. Gravenor moveth, that, if any Member of this House, or his Servants, shall, during this Interim, be arrested, the Speaker may make a Warrant for their Discharge : And, that Mr. Speaker may, during this Recess, have his Mace carried before him, and not practise at any Bar.
Sir Jo. Crompton: - That he may, in this Interim, keep a Table.
Sir D. Digges moveth the Consideration of Payment of Debts. - That Lands and Goods of any Debtors, being Members, may not be privileged, during this long Recess.
Mr. Towerson moveth, a Respect of those, which go to the Conferences between both Houses, not being of the House, but, in all Likelihood dangerous.
Sir Ro. Phillippes: - That Protections here of any, but menial Servants, and necessary Attendants upon Members of this House, void. - To declare it so here, - But, for the Persons, Lands, and Goods, of Members of this House, or their necessary Servants, those to have Privilege, as well during this Recess, as sitting this Parliament.
Sir Ro. Philiippes : - That my Lord Scrope may have the Petition, delivered against him, so much concerning him in Honour; that he may take some Course in it, to right himself therein with his Majesty.
Sir Edw. Coke: - That, being but an Adjournment, Privilege clear, both for Members, and Servants. - If any arrested in this Interim, or proceeded against with Suits in Law (the Court not sitting) Mr. Speaker to have now Order, to send for the Party arresting, or the Gaoler or Sheriff, or both, and require them to deliver them; If they do it not, it will be a great Contempt, and Cause to punish them at our next Meeting.
Ordered, upon Question, That, if any Arrest, or any Distress of Goods, serving any Process, summoning his Land, Citation or summoning his Person, arresting his Person, suing him in any Court, or breaking any other Privilege of this House, a Letter shall issue, under Mr. Speaker's Hand, for the Party's Relief therein, as if the Parliament was sitting; and the Party, refusing to obey it, to be censured at the next [Access.]
Mr. Hackwill: - That Serjeant Phillips, when Speaker, upon [an] Adjournment from 20o Dec. to the End of Hilary [Term] (within Two or Three Days) wrote his Letter, for a Servant of [his,] into the Court of Wards, and had Privilege upon it. - That the Speaker the Beginning of that Term, practised.
Sir Edw. Coke : - To consider of the Orders of the Chancery. -
Mr. Noye, and the rest of the Lawyers, to be presently.. for the Serjeant. -
Examination of Cradocke, &c.
For Cradocke and Durham Businesses; sithence so many Witnesses sent for up thence, that the former Sub-committee for Courts of Justice, may examine these Witnesses, reduce their Examinations into Writing, and deliver the same to the Clerk, against the next Access : And all, that will come, to have Voice.
Upon Question, ordered, that this Sub-committee for Courts of Justice, shall take Examination of all Witnesses against Cradocke, Lambe, or any other of that Kind; to seal them up; and so to be delivered to the Clerk, and not to be opened till the Access: - Tuesday Morning, Eight of the Clock, in this House ; and Thursday and Saturday the next Week; and every Tuesday, Thursday, and Saturday, till they have done. - Power to send for any Witnesses.
Proceedings concerning Adjournment.
Mr. Hackwill: - To express this Adjournment in the Order, as in that 27 Eliz.
Sir Edw. Mountague: - To consider well of this, lest we fall upon a Rock.
Mr. Noye: - No Difference between an Adjournment for a long, and a short Time. Majus et minus non variant speciem. -
An Adjournment, but an Entry of a Continuance, a Prorogation, an End of a Session. -
That, if the King adjourn solely, the Parliament will be dissolved; because put to a Day by Matter of Record. Then we cannot come together, without the King's Pleasure signified again; and then many Statutes will fall to the Ground. - Deare [a], &c.
That the Terms of prorogare, and adjournare, make no Difference in Point of Law; but the Entering of it upon Record : Otherwise by Remembrances. -
3o Eliz. Dyer: - Ill to make Cases. Better to argue Three, than argue One. -
To be Suitors (if any such Purpose) not to make now a Case of this Difficulty and Danger.
Mr. Hackwill: - Remembereth the Precedent 27o Eliz. - A Committee there appointed, in the Interim. The Entry there, that, where the Commission to Six at least, yet the Lord Chancellor alone adjourned it. - Adjournavit, continuavit, and prorogavit, used in the Lords Journals promiscue.
That, at every End of a Session, the Lords, Commons, and the King in Person, or by Commission, must be present for a judicial Act; where we were not present at the Adjournment in the Higher House 27o Eliz.
[The] Precedent of the Adjournment and Committee, 27o Eliz. read.
Sir Edw. Coke: - When Bills passed both Houses, the King's Royal Assent is not to be given, but either by Commission, or in Person, in Presence of both Houses.
Sir Edw. Coke, - for the Exchequer at Chester. - That the Knights of the Shire for Chester and Flynt, and Citizens of Chester, may, as a Committee, examine the Witnesses there, seal them up, and bring them hither at the next Access.
Sir Ro. Phillippes: - To have this to all the said Knights and Citizens, or any Three of them, to do this.
Sir H. Poole: - To make no Committee in this Case, because no Precedent for it. - To take Notes of these Things, only for Information.
Exactions for Alehouses.
Sir Tho. Hobby, accordant. - Here no Committee under Six ; there, peradventure, no Lawyers. - Moveth, every Member of this House may, in their several Countries, take notice, what Money for Alehouses hath been exacted, in several Counties; that so there may be an Account, and Restitution. -
Resolved, To leave all these Things to every Man's particular Enquiry, and make no Committee for any of them.
Petition against Ld. Scrope.
- For the Lord Scrope; knoweth not how we can deliver this Petition to him (being not as yet fully examined) or a Copy of it.
Sir Guy Palmes: - To-have the Petitioner forth-coming.
Sir Tho. Wentworth: - Is assured, this will prove a scandalous Petition:- - Therefore to make the Petitioner forth-coming.
Sir Edw. Sackvyle: - If the Petitioner can be found, let him make good his Petition; if he be gone, then to give the Lord Scrope Leave to find him out, and proceed against him, where he can.
Mr. Noye: - Neither to give too much Liberty to prefer Petitions against Judges, nor yet too much to terrify him. - To make him find him Pledges, to make good his Petition, or else to send him to the Tower. - To this Purpose, that the Petitioner may be sent for.
Sir Tho. Hobby: - To have him here To-morrow Morning.
Sir Sam. Sands mentioneth the Matter for Damport. Moveth, to send also for him, at the same Time.
Upon Question, Rich. Elwicke to be sent for by the Seijeant, to be here To-morrow Morning.
And, upon Question, Damport to be sent for against the same Time.