Martis, 19o Aprilis
Mr. ....... delivereth in a Bill, intituled * * *
L. 1. An Act for the better observing, and keeping holy the Sabaoth-Day, or Sunday.
L. 1. An Act concerning Non-residents.
Member for Lynne.
Mr. Bing moveth against all Mayors to be of the House.
The Burgess of Lynne, aimed at, answereth, that he is returned a Burgess for the Town of Kinge's Lynn in Norfolke: That that consisteth of Shipping: All committed to his Charge: The other not come up: So none to serve for the Town. That none, by Order of the House, to accuse himself. - Not in Buryes Case. - Nothing appeareth against him : Hath confessed nothing. - Had rather, si optio daretur, be a Scholar in that School of Wisdom than command the greatest City in England.
Mr. Fuller reporteth to the House the Case of Cambridgeshyre. - That the Affidavits (at least 20) written all with several Hands, and apparent, that written by the Parties. - The Danger of Perjury. - Abusing the House, by leaving out fit Words. - That this a House of Record. - Examination of Returns here; ergo, by Oath; for allowed in the meanest Court Baron, &c. - A Consequent of Examination, to minister an Oath, -
That heretofore the Lords protected all, and we depended upon them; now of ourselves, and therefore not to lose that Liberty. - Moveth a Consideration thereof, by the Lawyers, and principal Gentlemen, that have Precedents.
Mr. Ashley, accordant.
Mr. Brooke: - The Rule of this House, in Sir Francis Goodwyn's Case. - That there the Judges delivered, we but half a Court, and the Upper House the other Part. - That the King wished, if we were not satisfied. Conference should be with the Lords : Which was refused ; and, upon Argument, agreed here, that this House but half a Court for making of Laws; but a full and whole Court for examining Returns, and all Matters within the Jurisdiction of this Court. -
Moveth, the Committee of Privileges may consider it, and report their Opinions; And allowed a good Motion.
Mr. Duncombe: - That the Return not good, because the Foundation, viz. the Election, not sound. The Letters could not be, but with Privity of the Parties. - Moveth, a Committee may have Authority to speak, at a Committee, before another, not of the Committee. - Disalloweth the Return of these Gentlemen ; and moveth for a new Writ, and then the Sheriff to be judged for his Default.
Sir Mawrice Berkeley: - Factum valuit, quod fieri non debuit. - The Question only to be, Whether the Return good. If good, the Gentlemen to be retained, and the Sheriff not to be sent for. - That no other Court Power to judge of Returns here, but this House. - The only Objection, that the Sheriff refused to take a Scrutiny of the Freeholders. - That the Sheriff bound to make a Scrutiny ; not upon the Motion of One or Two (for that would trouble the Country) not be moved before the Reading of the Writ, nor Two or Three Hours after, when the Freeholders gone; but in fitting Time.
Sir George Moore: - That the Sheriff required by Sir Jo. Peyton to number them, not to examine the Freeholds of the Electors. That not moved, till Dinner, by Sir Jo. Cotton. - No Question, but we may examine Returns. - 13 Eliz. the Lunatiques Case. - Fine upon the Town, and a new Writ. -
Not above Twelve Committees heretofore ; yet every one of the House may come, and speak.
Ordered, upon the Question, The Two Knights of Cambridgeshyre to stand: And, upon the second Question, Ordered, The Sheriff not to be sent for.
Administring Oath by the House.
And Ordered, upon Question, That the Power of giving an Oath by this House, concerning the Returns, or Jurisdictions of the House, to be referred to the Committees for Privileges; and there Precedents to be viewed, and the Matter to be considered of; and to be reported to the House, for further Order and Resolution therein.
Sir Francis Goodwyn: - That Four Shires, viz. Cambridge, Northumberland, Norfolke, and Yorkeshyre, have been questioned for the Knights. - So many Mayors and Bailiffs who have returned themselves. - Sheweth many Misdemeanors by Sheriffs. - That a Law, broken in One Part, weakened in all. - In proximo comitatu. - Moveth for a plain Law to explain the Election of Knights and Burgesses; and addeth, the Danger to the House, by the Loss of the Records of the House. -
That a Bruit divulged, that the Commons House hath already too much Power: That Paucity better than Number. - Moveth for a Bill, to contain Matter of Regularity amongst ourselves.
Sir Dudley Digges moveth, if the Committee for Privileges shall not find, by Precedents, that Power here to minister an Oath, that then a Bill may be drawn, and go up to the Lords, with special Recommendation. - Moveth against Sir Jo. Cage.
Ordered, That a Committee to be appointed, for drawing a Bill. -
Committed to the whole House: - And Sir Francis Goodwyn, and Sir Dudley Digges, Mr. Crew, Mr. Brookes, Sir Roger Owen, Mr. Francis Moore, Mr. Jones, Mr. Finch, Mr. Hackwill, Sir Edwyn Sands, Sir Herbert Croftes, Mr. Ashley, Sir Geo. Moore, Sir Mawrice Berkeley, Sir Ro. Gardyner, Mr. Whitlocke, Mr. Hoskyns, Sir H. Nevill, Mr. Fanshaw, Sir H. Wotton, Mr. Fuller: - Thursday in Easter Week, in the Temple Hall.
Mr. Serjeant Mountague offereth a Bill of Grace, against Assignment of Debts to the King's Majesty. -
That more Debts assigned sithence the King's Speech, than in ten Times heretofore. That, by this Course, every Tradesman makes his Shop-book as good as an Office of the Statutes : For a Bayliwick, of 4 s. per Annum to the King, recovereth now
40,000 l. Debts. - Taketh away Wager of Law by this Assignment, where the Debt without Specialty. - Overthroweth the Statute of Bankrupts : - Are indebted to the King, now carrieth all. - Preventeth a Statute, or Judgment, former to the
Assignment; so overthroweth all Assurances in the Kingdom. - An Inquisition, to find out a Debtor of the King's Debtors; and Process out of that upon him that never dealt with the King; and all he hath, taken; though all, or most Part, paid. - The more the Mischiefs, the more Grace.
L.1. An Act against the Vexation of his Majesty's Subjects by the Assignment of Debts to the Crown.
L. 1a. An Act for the Naturalizing of James de Best, of the Parish of St. Nicholas Acon, London, Merchant.
Sir Wm. Strowde moveth, the Lawyers of this House may attend the Committee this Afternoon, in respect the Matter for the French Company is then to be heard.
L.1a. An Act for the Enlarging * * * *