House of Commons Journal Volume 1: 01 December 1621

Sabbati, 1o Decembris

Debts.

THE Bill against Assignment of Debts. - Tuesday. Exchequer Chamber. All, that will come, to have Voice.

Duchy of Lancaster.

L. 2a. An Act for Confirmation of several Decrees, made in the Court of the Dutchy of Lancaster, for and concerning Lands and Tenements, Parcel of the same Duchy, and for the perfect Creation and Confirmation of all the said Lands and Tenements to be Copyhold and Customary Lands, according to the Tenor of the same

Decree : - Committed to Mr. Chancellor Duchy, Mr. Attorney Duchy, Knights and Burgesses of Lankashyre, and Northamptonshyre, and Leycestershyre, and Staffordshyre, and Darbyshyre, Sir M. Fleetewood, Mr. Weston, Sir Wm. Fleetewood, Sir W. Spencer, Mr. Hackwill, Sir H. Poole, Sir Ro. North, Mr. Rolles : - Monday next, Duchy Court, Two of the Clock. Mr. Attorney of Duchy to take the Bill.

Fees in Courts.

Lawyers Fees ; and Exactions of Fees in Courts of Justice : - This Afternoon, Court of Wards.

Jurors.

Insufficient Jurors: - Monday next. Exchequer Chamber.

Vanlore's Estate.

L. 3a. An Act to make good a Conveyance of the Manor of Little Monden, in the County of Hertford, made by Pet. Vanlore, &c. - Committed to Mr. Hackwill, Mr. Beecher, Serjeant Towse, Sir H. Poole, Master of the Rolls, Sir Geor. Moore, Mr. Drury, Sir B. Hickes, Sir Sam. Sands, Mr. Brooke, Sir T. Bowes, Sir Tho. Low, Mr. Chancellor Duchy, Sir A. Ingram: - Monday, Committee Chamber, Mr. Hackwill the Bill.

Informers.

Sir H. Poole reporteth the Examination of the new-written Bill of Informers, which concordeth with the old ingrossed Bill, and the Amendments. - Moveth, a Message to the Lords, for an Examination by a Committee of both Houses, according to the Precedents 27 Eliz.

Mr. Hackwill: - That this Bill, now new-written, must be signed here,

" Soit baille aux Seignieurs."

Resolved, To send a Message to the Lords, to appoint a Committee, to examine this new-written Bill of Informers ; which was of necessity to be new-written, because the Amendments, which came from the Lords, so many, as could not be put into the ingrossed Bill. Sir H. Poole the Messenger.

American Fishing.

L. 3a. An Act for the freer Liberty of Fishing, and fishing Voyages, to be made and performed in the Sea-coasts and Places of Newfound-land, Virginia, New England, and other the Sea-coasts and Parts of America. -

Mr. Guy: - That this Bill taketh away Trade of Fishing from those, which are Inhabitants in Newfound-land. - Tendereth a Proviso, in Parchment; which twice read.

Mr. Neale, - against this Proviso. - That the Choice of the first Place in every Harbour, which desired by it, restraineth all Liberty of free Fishing, - 13 Eliz. a Statute, to encourage them: Another 23o Eliz. Another 1o Jac. for Fishermen here; - That they may take the first Place now, if can get it; but the Thing desired, is a choice Place in every Harbour ; and not only for themselves, but for their Company.

Mr. Secretary, contra. - That Plantations fit to be cherished, which overthrown by this Bill, without the Proviso. That this Bill giveth Priority of the Stage to those, that come ; and may put out those, which plant and inhabit there. Doubteth, without this Proviso, the Bill will never pass the Royal Assent.

Dr. Gooch, - against the Bill; because that against the Plantation.

Sir Edw Gyles: - To consider, whether the Fishing, or Plantation, most beneficial to the Commonwealth.

Mr. Guy :- But Three real Plantations in Newfoundland : - Never will be above Twenty, or Thirty : Room there for 500 Ships to fish. - That the Plantation of the Newfound-land never had Penny Help, but from the Adventurers Purses, nor ever had any Lotteries.

Mr. Sherwell: - against the Proviso: - So Mr. Glanvyle. - The Trade of Fishing to be regarded before the Plantation. We in Possession of the Fishing. 120,000 l. per Annum brought in by the Fishing; nothing but Victual carried out. - That the Precedence, here required, may make a Monopoly : For they may take in so many into their Company ; and so, [by] this Proviso, shall have the Priority of Places, that the rest will be, in Effect, debarred.

Upon Question, the Proviso rejected.

The Bill, upon Question, passed.

Informers.

Sir H. Poole: - That the Lords have agreed a Conference about the Bill of Informers, at Eight of the Clock, in the Painted Chamber. -

All the Priyy Council, Sir H. Pool, Sir .... Mr. Hackwill, Sir Edw. Peyton, Mr. Crew, Mr. Hampden, Lord Clifford, Chancellor Duchy, Mr. Attorney Wards, Mr. Raynscrofte, Sir J. Horsey, Sir H. Mildmay, Mr. Gawdy, Sir A. St. John, Sir Francis Darcy, Sir P. Fretchwell, Sir Ro. Phillippes, Sir Edw. Sackvyle, Sir B. Hickes, Sir Jo. Ratcliffe, Sir Jo. Strangwayes, Sir A. Ingram, Sir Francis Fane, Sir M. Fleetwood, Sir Jo. Cutts, Sir Edw. Villyers, Sir H. Slingesby, Sir O. Luke, Sir Edw. Sands, Mr. Gifford, Serjeant Towse, Serjeant Ashley, Sir Wm. Strowde, Sir Geor. Moore, Mr. Freake, Lord Cavendish, Mr. Noye, Sir Tho. Finch, Sir Francis Barrington, Sir Geor. Wright, Sir Edw. Conway, Sir Ro. Crane, Lord St. John, Sir M. Berkeley. - Sir Edw. Coke, to make the Report.

The Precedent of 27o Eliz. to be carried with the Committee.

Privilege - Imprisonment of a Member.

Mr. Spencer -

To have a Letter sent to Sir Edw. Sands, to press him to give Satisfaction to this House, whether he were not examined about parliamentary Business.

Mr. Mallory : - That we come not only here to give Money. - The Imprisonment of Sir Edw. Sands notorious throughout the Kingdom. - To acquaint the King,by an humble Petition, with our Grief for this Breach of our Privilege. - That no Member of this House can, during Parliament, be questioned, except for Treason, Murther, or Felony. - Heareth, Sir Edw. Sands is in Town; then to have him sent for : If out of Town ; to send some Gentlemen to him, to set down, upon what Matter examined.

Mr. Chancellor of the Duchy : - No Man more sorry for Sir Edw. [Sands] Commitment than he: - No Man spake more freely, than himself, in it: Yet now seasonable to question it.

Sir Ro. Phillippes: - That every Man here satisfied with the Justness of [the] King's Proceedings. - Was absent at the Question about Sir Edw. Sands' Imprisonment : Expected no reviving it.- - Sithence revived now, what fit to be done, with Duty and Respect to his Majesty ? - Persuaded, Mr. Secretary's Relation, entered in the Book, right. - Desireth to send to Sir Edw. Sands, to come up; and that if he come, himself may discover the Cause of his Commitment.

Ordered, Sir Edw. Sands shall be presently sent for, to come, and attend the Service of the House, if he be able to come; and, if he be not able to come, then to set down a Declaration in Writing, whether he were examined, or committed, for any parliamentary Business.

Sir H. Withrington: - That, if he be not able to come, he may be charged, from this House, to make a true Declaration of the Cause of his Commitment.

Sir Sam. Sands: - Had resolved not to have spoken - The King's Justice and Clemency not doubted. Princes judge by their Eyes, and Ears, in the second Place, not in the first. - Cannot say, with what Particulars Sir Edw. Sands charged: Knoweth not one Question asked him. - That the State hath not done amiss, in examining and restraining Sir Edw. Sands. - Received a Letter from Sir Edw. Sands, within Two Days, that his Health will not suffer him to come up. - To respite it, till his Coming ; because no Overture, as yet, to this House, of any Breach of Privilege.

Sir Guy Palmes: - To have the same Care of future Times, as our Predecessors have had before us.

Sir Geor. Moore: - Unworthy to live, that would betray the Privileges of this House. - This our principal Freedom. - Never, in all his Time, knew greater Care to preserve their Liberties, than this Assembly.

Sir Peter Hayman and Mr. Mallory to go to Sir Edw. Sands, and to bring Answer from him. - They to go upon Monday next; - Ordered,

Transporting Wool, &c.

Mr. Glanvyle, - for the Bill against transporting Wool, and Wool-fells, &c. - That he, and some other Lawyers, have considered of this Bill, and found many Imperfections : Have drawn a new Bill: - Wisheth, this may be now read, and proceed on with this new Bill; and the old may stay, as it now is.

Privilege - Prosecution against a Member.

Sir Ro. Phillippes: - That Mr. Hudson is examined. -

That Lepton brought a Warrant to him from the Lord Keeper, to draw a Bill against Sir Edw. Coke; with Intimation of that Secrecy, which befitteth the King's Service. -

Petition against Hutton.

Acquainteth the House with a Petition of Caleb Morley against Justice Hutton; who desireth the Sight of the petition, that he may answer it: - And a Committee, to examine the Business, and report it to the House ; that he may be punished, if he have unjustly traduced Justice Hutton.

Mr. Recorder, accordant.

Sir Jo. Strangwayes; - That Morley may be in the Serjeant's Custody, to make good this Petition. - And Ordered.

Serjeant Towse: - That Justice Hutton may have a Copy of the Petition. - Resolved.

Sir H. Poole: - To have the Petition read. - Which was accordingly read.

Sir A. Ingram moveth, this Person may be examined by a select Committee. -

Sir Edw. Coke, Sir Tho. Wentworth, Sir Jo. Strangwayes, Mr. Recorder, Lord Cavendish, Sir A. Ingram, Sir Ro. Phillippes, Sir Ro. Askew, Sir Tho. Low, Sir Edw. Sackvyle, Mr. Brooke, Mr. Hackwill, Sir Guy Palmes, Sir W. Heale: - Monday, Two of the Clock in the Afternoon, in the Middle Temple Hall.

Religion.

Sir Edw. Coke, - for the Petition for Religion. - That Mr. Speaker would sit at Three of the Clock this Afternoon ; that the Petition, agreed upon by Six Sub-committees, may be reported, at One, to the Sub-committee, after, to the Committee of the whole House.