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House of Commons Journal Volume 1: 05 May 1607 (2nd scribe)

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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Martis, 5o die Maii, 1607

Vintners.

1. Reading: - B. For the Relief of all Vintners, and Wine-sellers, within the Realm of England.

Letters Patents.

1. Reading: - B. For Confirmation of Letters Patents, to be made upon Composition with the King's Majesty, his Heirs and Successors, during Seven Years.

Debts.

Sir Barnard Whytston - for a new Day for the Bill, touching Satisfying of due Debts. - To-morrow appointed.

Northlech School.

Mr. Wentworth reporteth the Bill, touching the School, of Northlech in Glocester (being re-committed) with Amendments ; and, upon the Question, to be ingrossed.

Sir Tho. Hobby, contra; Sir Rob. Wingfield, pro; Sir Henry Poole -

Westwood: - That Counsel might be heard.

Counsel, on both Sides, to be heard To-morrow.

New Writ.

Warrant, for a Knight of Warwickshyre.

Marshalsea.

The Counsel for the Marshalsea.

Privilege - Subpoenaing a Member.

Sir John Hubbard moveth, that Sir Oliver Cromwell was served with a Subpoena ad comprehendum: Prayeth Privilege: - Granted.

The Writ delivered in.

No further Proceeding in this. -

Marshalsea Court.

It was much disputed, whether the Counsel on the one Side, or the other, first heard. Affirmed by Mr. Speaker, that, upon the Report against the Bill, the Counsel pro ought to be heard first; but, upon the Question, and upon some Circumstances opened, resolved, it should be continued, as res integra, and the Counsel against. -

28 E. I. first began the Jurisdiction: Before, the Jurisdiction reached over England.

Mr. Warre, Mr. Gerrard, contra; Mr. Goldsmyth, Mr. Brantingham, pro Billa.

Mr. Warre first: - If no more, but common Course, or Custom, sufficient Proof for the Jurisdiction. -

33 H. VIII -

Whatsoever is not restrained by the Statute E. I. that the Court holds Plea of: But Actions of the Case are not; ergo. -

Mr. Goldsmyth, pro Billa. - Constructions of Statutes, Precedents, and Judgments. -

The Court of Marshalsea the most ancient Court.

These Two only heard, for want of Time.

The Counsel being retired ;

Sir Wm. Strowd, Mr. Martin, Sir Rob. Wingfield -

The Bill for the Marshalsea, upon the Question, to be ingrossed.