House of Commons Journal Volume 1: 05 May 1607

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

This free content was digitised by double rekeying. All rights reserved.

'House of Commons Journal Volume 1: 05 May 1607', in Journal of the House of Commons: Volume 1, 1547-1629, (London, 1802) pp. 368-369. British History Online https://www.british-history.ac.uk/commons-jrnl/vol1/pp368-369 [accessed 24 March 2024]

Image
Image

In this section

Martis, 5o Maii, 1607

Vintners.

L. 1a. B. FOR Relief of all Vintners and Winesellers within the Realm of England.

Letters Patents.

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

Northlech School.

Touching the Founding and Incorporating of the free Grammar-school in the Town of Northlech, &c. being formerly re-committed, was again reported by Mr. Wentworth; and, being offered to Question, impugned, and disputed; and finally ordered, that Counsel on both Parts should again be heard at the Bar Tomorrow Morning.

Privilege - Subpoenaing a Member.

Moved, that a Subpoena ad comparendum, ad sectam Tho. Throckmorton, et uxoris ejus, out of the Chancery, was served upon Sir Oliver Cromwell, One of the

Members of the House; and prayed the Benefit of the Privilege of the House.

The Motion was approved ; the Writ (being the ordinary Form of a Subpoena) read; and Direction given, as in like Cases is usual.

Marshalsea Court.

The Counsel in the Bill touching the Marshal's Court, were ready for hearing; and it was questioned (as now the State of the Bill was) whether the Counsel pro, or contra, should begin first.

After some Dispute, affirmed by Mr. Speaker, that, upon the Report against the Bill, the Counsel pro ought to be heard first.

Yet, upon the Question, and upon some Circumstances opened, Resolved, It should be now received as res integra; and the Counsel against the Bill (according to the known Rule) be first heard.

And hereupon the Counsel coming to the Bar :

Mr. Warre, Mr. Gerrard, contra :

Mr. Brantingham, Mr. Goldsmyth, pro :

Mr. Warre. beginneth, for the Jurisdiction; and said, for his Grounds [a];

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

Whatsoever is not restrained by the Statute of E. I. of that the Court holds Plea.:

But Actions of the Case are not; ergo -

Mr. Goldsmyth, for the Bill, against the Jurisdiction.

These Two only were heard; and then the Counsel being retired; the Matter was disputed by Sir William Strowd, Mr. Martin, Sir Robert Wingfield.

The Bill put to Question, and ordered, upon the Question, to be ingrossed.

Privilege - Subpoenaing a Member.

A Subpoena out of the Exchequer, being served upon the Person of Sir Rich. Pawlett ;

upon his Motion, Mr. Speaker writ his Letter to the Lord Chief Baron, in this Form:

My very good Lord ;

W H E R E A S it hath been informed in the Commons House of Parliament, that a Subpoena ad comparendum, hath been lately, during this Session, served upon the Person of Sir Rich. Pawlett Knight, One of the Members of the said House, contrary to ancient and known Privilege; because the personal Attendance of the said Sir Rich, is here necessarily required, during the Time of Parliament, and that he feareth, his Cause may receive Damage, or himself incur Contempt, by his Want of Liberty to attend it: I thought good (out of the Duty of my Place) as well to make known the Privilege and Pleasure of the House unto you, as to pray your Lordship, in his behalf, that there may be Order given, that no further Process issue against him, until he may have Time and Leisure to follow his own Cause. And so I heartily commend your Lordship to the Protection of the Almighty. From Bosville-home, this 6th of May, 1607.

Directed,

" To the honourable my very good Lord Sir Tho. Fleming Knight, Lord Chief Baron of his Majesty's Court of Exchequer."