Martis, 16 Junii, 1607
IN a Writ De partitione facienda, brought by Constance Lady Lucye, Widow, against Sir Robert Oxenbridge Knight, One of the Members of the House, in the Court
of Common Pleas, the said Sir Robert made Default in his Appearance; whereupon a Writ was directed to the Sheriff to levy Issues.
Motion was made for Privilege, on the behalf of the said Sir Robert: The Order of the Court, and the Writ read, in this Form:
Lucy vers. Oxenbridge.
Ordinatum est per Curiam, quod vicecomes Southth. retornaverit majores exitus super breve de Distr. in partitione facienda; quodque fiat breve de Estrepament. eidem vicecomiti, versus praefatum defendentem.
JACOBUS, Dei gratia, Angliae, Scotiae, Franciae, et Hiberniae Rex, fidei defensor, &c. vicecomiti Southth. Salutem. Praecipimus tibi, sicut alias tibi praecepimus, quod distringas Robertum Oxenbridge, militem, per omnes terras & catalla sua in balliva tua; ac quod nec ipse, nec aliquis per ipsum, ad ea manum apponat, donec aliud a nobis inde habueris praeceptum; et quod de exitibus eorundem nobis respondeas; ita quod habeas corpus ejus coram Justiciariis nostris apud Westm. in crastino Sanctae Trinitatis, ad respondendum Constanciae Lucye, viduae, de placito, quare, cum iidem Constantia et Robertus insimul et pro indiviso teneant novem messuagia, unum toftum, novem gardina, novem pomaria, quingentas acras terrae, viginti acras prati, ducentas acras pasturae, centum acras bosci, et decem et octo solidat reddit. cum pertinentiis, in Hursborne, Hursborne Fawkener, Hursborne Priors, Swampton, Stoke, et Ashmersworth, idem Robertus partitionem inde inter eos, secundum formam statuti in hujusmodi casu provisi, faciend. contradicit, et eam fieri non permittit. minus juste, et contra formam statuti praedicti, ut dicitur; et ad audiendum inde judicium suum de pluribus defalt. Et habeas ibi hoc breve. Teste Coke, apud Westm. 22o die Aprilis, anno regni nostri, Angliae, Franciae, et Hiberniae, quinto, et Scotiae quadragesimo.
Manucaptores infranominati Roberti Oxenbridge, militis; Iohannes Doe, Richardus Roe. Exit. 20l.
Willelmus Oglander miles, vicecomes.
Pr. r. oct. Sancti. Michaelis. T. 27o die Junii, anno 4" Jacobi Regis, Johannes Doo pleg. de prosequend. Richardus Roo. Summ. Richardum Burnford, Willelmum Willyams.
Upon the Reading of this Writ, and Consideration of h e Matter, the House was pleased to give this Order; That if the Issues were not discharged before Tomorrow Night, then the Parties delinquent to be brought in by the Serjeant, to answer their Contempt; viz. Anthony Dawley, the Attorney, John Brunion, the Solicitor, and Prichard, the Under-sheriff.
L. 3a. An Act for the Draining of certain Fens and low Grounds within the Isle of Elye, subject to Hurt by surrounding, containing about Six thousand Acres. - Upon the third Reading, a Proviso offered, as also some Words to be added in the Title: The Proviso twice read, and, upon Question, to be added; the Words, upon Question, to be inserted.
Recusants, &c. - King's noticing Proceedings.
The Petition framed by the Committee appointed to consider of the better Execution of Laws in Force against Recusants, &c. and formerly delivered into the House, was now pressed to be read [a]: But Answer was made by Mr. Speaker, that his Majesty had taken Notice of the Petition; and saith, he will ever be most careful to execute those Laws; that it is a Matter meerly belonging unto himself; and that it shall be needless to press him in it.
Upon this it was much urged by sundry Members of the House, that the Petition might be read; saying, it was not only against, but a great Wound to, the Gravity and Liberty of the House, to deny it; that it was an Arrest of the whole House, much more than of a particular Person.
Mr. Speaker replied, that there be many Precedents in the late Queen's Time, where she restrained the House from meddling in Petitions of divers kinds [b].
Upon this it was first moved, that Sir Robert Cotton, a known Antiquary, and Mr. Bowyer, Keeper of the Records in the Tower, might search Precedents, and bring them before the Reading; and, upon the same Occasion, the Motion continued, that a Committee might be named, with this general Charge; viz. To search and consider of such Precedents, as well of ancient as later Times, which do concern any Messages from the sovereign Magistrate, King or Queen of this Realm, during the Time of Parliament, touching Petitions offered to the House of Commons, either to be read there, or intended to be exhibited to such King or Queen : And are withal further to consider, whether it shall be fit to keep a Memorial, or Entry, in the Journal Book, of the late Letter sent and directed to Mr. Speaker, and read in the House, touching the Point of remanding Malefactors from either Country to other, during the Time of Dispute in the said Point.
The Committee was agreed to be the Committee heretofore named for Privileges and Returns, with these added; Sir Walter Cope, Mr. Wentworth, Sir William Bulstrod, Sir James Perrott, Mr. Duncombe, Sir John Hollis, Sir William Twysenden, Mr. D. James, Mr. Lewknor, Sir John Savill: - To meet Tomorrow, in the Court of Wards..
It was further pressed, and desired, that Mr. Speaker, at his next Access, might let his Majesty know how much the Refusal of Reading this Petition did grieve them.