House of Commons Journal Volume 1: 09 April 1614

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

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'House of Commons Journal Volume 1: 09 April 1614', in Journal of the House of Commons: Volume 1, 1547-1629, (London, 1802) pp. 457-458. British History Online https://www.british-history.ac.uk/commons-jrnl/vol1/pp457-458 [accessed 26 March 2024]

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In this section

Sabbati, 9o Aprilis

Plastering, &c.

Lect. 1a. AN Act for the Redress of certain Abuses and Deceits, used in Plaistering and Bricklaying, and for well Ordering of the Men in each Faculty.

General Warrant for Writs.

A Motion, by Mr. Speaker, for a general Warrant to make a Warrant for a new Election, where One for Two Places, or upon Death of any Member, during this Session: And granted.

Members make Election.

Sir Edwyn Sands maketh his Election for Rochester.

Sir Robert Mansfeld, for Carmarthen.

Mr. Whitlocke, for Woodstocke.

Member to receive the Communion.

Sir James Perrott moveth, that all the Members may, before a certain Day, receive the Communion. - The King's Motion, that this Parliament to be a Parliament of Love between the King and us: Next, to free those that shall take it, from unjust Suspicion: Thirdly, to keep the Trojan Horse out of the House. - Allowed a good Motion.

Sir Jo. Sammes, accordant; - and for Good Friday. -

Mr. Fuller: - This the best Means for Love. - Difference in Faces, but Unity in Faith. -

The Day, upon Palme Sunday, at the Abbey, at Nine of the Clock in the Forenoon.

Mr. Duncombe concurreth, for the Day, and Place.

Sir Dudley D. -

Ordered, That the Clerk, with Three of the House, attend, to take the Names of all. The Three; Sir James Perrott, Mr. Fuller, and Mr. Duncombe. And every Man to bring his Name, and of what County or Borough they are, and deliver it to these Persons: These Persons to take their Names, as they communicate.

Sir Edw. Gyles:- - That whosoever shall not then receive, shall not after be admitted into the House, till he have received, whether he be now in Town, or no - and ordered accordingly.

Northumberland Election.

Mr. Francis Moore reporteth the Proceedings of the Committees for Privileges, Yesterday.

1. For the Petition of Northumberland. -

The Petition Four Things :

1. Setting back the Clock, and then refusing to take Voices after Nine.

2. That Sir George Selby not eligible; for that no Sheriff, by the Writ, to be chosen ; where Sir George Sheriff of Durham Bishoprick.

3. For want of Freehold.

4. For want of Residence in that Shire. -

That Sir George present, alleged, that the Bishop had discharged him before the Election.

The Committees -

The Sheriff 's: - still executed by him. -

For the undue Election; thought fit, the Sheriff should be sent for, by the greatest Number of Committee.

The other Two Points not thought fit to be examined, for that the Electors Fault not the Sheriff's.

Election Petitions.

A Petition from Yorkeshyre, about the Election of the Knights of the Shire, respited, till Sir Jo. Savyle's coming up.

A Petition from Cambridgeshyre, for the like; and Day given till this Day Sevennight, in the Afternoon, in the Court of Wards.

Another for Norfolke; but no Hands, nor Affidavit. This referred to the same Time and Place.

The Borough of Ludlow in Shropshyre: - The Bailiff chosen and returned.

Mayor, &c. not to sit.

Mr. Fuller: - That no Mayor, or Bailiff, may be a Member of this House. -

Northumberland Election.

Sir George Selby to be discharged, and a new Writ for a new Choice; and the Sheriff to be sent for.

Sir Edw. Sands: - l. Whether a Sheriff may be returned.

2. Whether a Sheriff of Durham. -

A Sheriff not to return himself. -

The Words of the Writ not ancient, to restrain the Election of Sheriffs. - Not ancient, therefore not the Common Law; nor by Statute Law : Ergo, this no sufficient Warrant.

For Durham; the Sheriff not made by the King, but the Bishop; and for Life, not for a Year. -

Durham Franchise.

Moveth, sithence Durham last drawn in to Charge,to join in Petition to the King, that Durham may have Writs for Knights and Burgesses, such as he shall think fit. - Said to be dumb Men, because no Voices.

Mr. Ashley : - That they of Durham hold it a Privilege,

not to be bound to the Attendance of the Parliament; else Reason for the Motion.

Sir Roger Owen: - That the Writs anciently such as now, to restrain Electing, or Returning, of Sheriffs; for in the Register, and Nat. Brevium. -

For Durham Sheriff, the like for them as for the Sheriff of Chester, and Cornewayle, &c. -

The Reason why restrained; for that he hath custodian comitatus; and commandeth all Dukes, &c. and is to execute all Processes. -

Bro, New Cases; and Precedents, of Southwarke Bailiff, and Payne of Wallingford; that no Mayor, or Bailiff, may be chosen or serve as a Member of the House.

Sir Henry Anderson moveth, as Sir Edw. that they of Durham may have Knights and Burgesses; for now bound to pay Subsidies, and yet have no Benefit of the general Pardon.

Sir Henry Mountague: - That no Sheriff can, by the Law, be chosen: The Writ in the Negative.

Resolved, upon the Question, That Sir Geo. Selby, Sheriff of Durham, cannot be chosen Knight of the Shire for Northumberland: And Ordered, That a Warrant be made, by Mr. Speaker, to the Clerk of the Crown, for the Election of another Knight for that Shire, in his Place.

Mr. Alford sheweth, that 20 against the Sending for the Sheriff, 21 for it: Sheweth, that he was One of the 20 against it; and his Reasons.

Sir Herbert Croftes sheweth the Reasons of sending for him. - That the Abuse great; Strengthened by Affidavit: The Example tending to the extreme Prejudice of all Elections.

Sir Geo. Moore - the Reasons contra. -

1. Not fit to send for a Sheriff out of his County.

2. A Penalty, for a false Return, of 100l. to the King, and of 100l. to the Party.

3. The Affidavit made by Sir Raphe Graye's Man.

Mr. Hoskyns, contra; for the Drawing of a Sheriff out of the Shire. - If by no verbal Complaint, nor Affidavit, then no Sheriff shall be sent for. - If to leave them to the Law only, and not to send for him hither, a Gap open, to infringe all Liberty of free Election.

Sir Arthur Ingram moveth a Reference to some Justices of the Peace : But refused absolutely.

Sir Ro. Gardyner, - against the Sending for the Sheriff, because no Testification from any Knights or Gentlemen of the Shire.

Sir Dudley Digges, contra ; but moveth, that those which shall make false Accusations, may be punished.

Sir Wm. Strowde, accordant.

Upon the Question, Whether the Sheriff of Northumberland to be sent for; agreed, with not above Three negative Voices.

The Order for the Sending for the Sheriff, to contain the Reasons thereof.

Mayors, &c. sitting in Parliament.

Mr. Recorder: - A Mayor and Bailiff all one : Both to make Return to the Sheriff. - Doubteth of the Law. Moveth a Reference.

Question, Whether this shall be re-committed. - Affirmed, for all Bailiffs and Mayors: And to be referred to the Committees for Privileges, on Saturday next, in Court of Wards.

Sir Edw. Sands moveth a Sequestration of all Mayors and Bailiffs which have returned themselves, until Report: And ordered accordingly.

Sir Robert Hitcham, Mr. Serjeant Mountague, Mr. Solicitor, Mr. Finche, Mr. Whitlocke, Mr. Wentworth, Mr. Guynn, Mr. Henden, Mr. Heughes, Sir Morrice Barkley, Mr. Serjeant Barker, Mr. Attorney of the Duchy, Sir Edw. Gyles, to be added to the former Committee for Privileges, &c.

To attend the King.

To come to the Banqueting-house, to attend his Majesty, at Two of the Clock this Afternoon.

Privilege.

Sir Jo. Strangwish moveth, that Sir Wm. Bamfeild, Burgess for Burport, is committed by my Lord Chancellor, sithence the Summons of the Parliament, but before his Election; and prayeth the Direction of the House : Which is referred to the Consideration of the Committees for privileges.