House of Commons Journal Volume 1: 18 May 1614

Mercurii, 18o Maii

Muscovy Company.

THE Committee for the Muscovy Company to be put off till Saturday next.

Winslow Manor.

L.1. An Act for the ascertaining of Fines upon Admittance, or Tender of Admittance, to any Copyhold or Customary Estates of the Manor of Winslow, and the Members thereof, in the County of Buck, according to a Decree thereof made in the High Court of Chancery, 25 Nov. last past, by Consent of Lord and Tenants.

Yewe's Estate.

Mr. Fuller reporteth Yewes Bill: And ordered to be ingrossed.

Lake and Deane.

L. 2. An Act for Confirmation of a Decree in Chancery between Lake and Deane. -

Mr. Fuller : - That my Lord Chancellor hath Power enough to get the Decree. - Speaketh against the Bill.

Sir Edw. Mountague: - To have Tamworth -

Committed to Sir Tho. Lake, Sir Daniell Dunne, Sir Edw. Mountague, Mr. Chibborne, Sir Herbert Croftes, Mr. Hitchcocke, Mr. Dobleday, Mr. Dackombe, Sir John Sammes, Mr. Glanvyle, Sir Oliver Cromwell, Sir Christopher

Hatton, Mr. Hoskins, Sir Tho. Hobby, Sir Rich. Weston, Mr. Savadge, Sir Henry Fane, Sir Rich. Tichborne, Sir Anthony Maynye, Mr. Talbott Bowes, Mr. Ashley, Mr. Sydney Mountague, Sir Wm. Cornewallys, Mr. Scott, Mr. Mallory, Mr. Dr. Newman, Sir Roger Owen, Sir H. Anderson, Mr. Askue, Sir W. Chute: - Monday, in the Middle Temple Hall.

Order, His Counsel shall be heard.

Weights, &c.

Delivered to - L. 2. An Act against false Weights and Mr. Fuller. Measures. -

Mr. Dowbleday, - for the Committing of the Bill. - Moveth, some Part of the Penalty may be to the Poor of the Parish.

Mr. Connocke: - That the Weight of Tin, in Cornewayle, 120 lib.

Committed to the Committee for Recovery of small Debts; and some added; viz. Sir Tho. Smyth, Mr. Connocke, Mr. Dobleday, Mr. Hughe Middleton. -

Process, &c.

L. 2. An Act to prevent and punish the Abuses in procuring Process and Supersedeas, for the Peace and good Behaviour, out of his Majesty's Courts at Westmynster. -

Mr. Drake, - for the Committing of the Bill; for a great Vexation.

Sir Jo. Savyle moveth, that the like Mischief in going to the Council at Yorke, as Supersedeas here. -

500 Recognizances taken, not certified, and yet forfeited.

Sir Raphe Connisby: - That the Knights Marshals -

Mr. Davys: - That this Bill a good Bill; yet reacheth far into one great Office in Chancery, and another in Banco Regis. - That the Writ of Supplicavit ancient; but then to be made by Warrant of the chief Officer; now a special Office; upon which many Mischiefs. That by this Means a Man may be bound for ever. Haeres tenetur ex dolo defuncti. - Not to have it restrained to open Court; but without Warrant -

That in the King's Bench worse. They there exceed their Authority: They send these Writs into Wales.

Sir H. Poole: - That no Officer of any of those Courts may be a Committee.

Mr. Beecher: - That One Clause, not to have any of these written, without Motion in open Court. - Reciteth the Degrees in the Bill. - Like to so many Brambles, where the Wool must be left. - Moveth, the Power may be taken away from the Courts at Westmynster.

Mr. Whitlocke: - Not to take away the Use with the Abuse. - The King's Bench hath Jurisdiction, which only in Term; and potestatem, which can be no more restrained, than the King's own Power. - So the Justices of Peace, which have a derivative Power, shall have more Power than the King's Bench, which is the primitive. - That Writs, in this Case, may be sent into Wales, or Ireland, because done by the King, by his imperial Power. -

Committed to all those that have spoken, Sir George Moore, Sir Christopher Hatton, Sir Tho. Vavasor, Sir Jo. Sammes, Sir Jo. Hollys, Mr. Alford, Mr. Hickman, Sir Joseph Killigrew, Sir Francis Lea, Mr. Wm. Fanshaw, Sir Jerome Horsey, Sir Oliver Cromwell, Mr. Duncombe, Sir Ro. Killigrew, Sir Dudley Digges, Sir Tho. Lucy, Sir Olyver Luke, Sir Tho. Mawnsell, Sir Rich. Tichborne, Sir Tho. Wentworth, Mr. Dobleday, Sir Wm. Cooke, Sir Tho. Lowe, Sir Ro. Gardyner, all the Knights of Shires: - This Day Sevennight, in this House.

***

He offered to kneel.

Privilege - Person censured for Words spoken.

Mr. Speaker: - That he had done himself much Right in the Beginning. - Petition of Virginia. - Order for Counsel. - That he then for Counsel appeared, with divers Lords. - That at first prepared to hear him with all Respect and Love. - The Remembrances of the Plantation well accepted, and looked upon with the Eyes of our Love. -

That after unfortunately digressed to Matters of much Weight, impertinent. - That took upon him to censure some Things, and to advise. -

That the. House took this for a great Presumption, and did disdain and contemn it. That the House, zealous of the Honour of the House, hath thought fit to convent him to the Place where his Offence, to receive Satisfaction from him. - That hath many Friends here; yet now all look upon him with Eyes as Judges, not as private Friends.

Mr. Martin: - That all Mens Actions subject to Error; his more, because so weak. - Yet not in Love with Error, and is willing, as any Man, to be divorced from it. - Confesseth, he hath digressed from Order, and from his own Purpose. - This occasioned by Presence of the Lords, he not well instructed in the Business. - That when he came, like to a Ship that cutteth the Cable, and putteth to Sea. - So he, to cut his Memory, and trust to his Invention. -

That never knew of the Lords Presence. - When here, the Zeal of this House eat up his Judgment. - That he forgat himself. - Acknowledge his Error, not for Fear of Punishment. - Glad, he Example to all others. Sub-mitteth himself to their Censure. Doth it not with a dejected Countenance : for cannot but receive Comfort in acknowleging of his Error.

Sir Wm. Maynard: - Glad, the House Yesterday proceeded to Mercy. Commendeth his Carriage and Answer.

Sir Ro. Phillippes: - That, acquainted by him with the Course taken by the House in shewing Mercy, he protested. That troubled him more, than any other Punishment could have done. - Moveth, he may now be called for, and the Pleasure of the House signified to him.

- That the House taketh his Offence great, and of a high Pitch: That they have likewise inclined to the Height of Mercy; respecting his Person, good Affections, and former Service here. They, upon his Acknowlegement here really made, are pleased he be remitted, presuming he will sin no more in the like.

Mr. Martin: - That this Doom sheweth, they not persuaded he came to offend with a high Hand. - Thanks for their Favour. - Petitioneth, that to fill up the Measure of their Grace, they would be pleased to appoint a Committee, to consider of the Virginia Business.