House of Commons Journal Volume 1: 08 February 1621

Jovis, 8o Februarii

Bills delivered.

SIR Wm. Brereton delivereth in Four Bills : 1. For Highways: 2. For Bridges: 3. Horse, and Armour: 4. For Payment of his Majesty's Revenues into the Exchequer.

Wooll Cards.

Mr. Whitson delivereth in a Bill, for making of good and sufficient Cards tor Wooll.

Bishop of Coventry.

L. 1. An Act of Explanation of a former Act, made in the three and twentieth year of the Reign of the late Queen, of famous Memory, Eliz. intituled, An Act for Assurance of the yearly - Coventry.

New Writ.

Mr. Hackwyll moveth a new Writ for ... in place of Sir James Lea, chosen Chief Justice of the King's Bench.

No Committee on Saturday.

Sir Edw. Gyles: - That no Committee on Saturday in the Afternoon : And Ordered.

Privilege.

Mr. Alford: - That Yesterday divers complained privately, that their Privileges were broken. Divers Pages, Servants to Members of the House, abused themselves. The Judges of the King's Bench have punished them. - Moveth, the Pages may be punished here.

Mr. Tho. Fanshaw: - That Yesterday Complaint to the Judges, they sent the Officers to warn them : They affronted them more : Offered to draw their Swords. That the Judges have sent One, and will send the other, to be punished here, as soon as they can come by them ; and yet, but for Respect to this House, would have indicted them for Stroke in Face of the Court: And many, for less Offences, have lost their Hands.

Jeofayles.

L. 1. An Act for further Reformation of Jeofayles.

Privilege.

Elyas . . . One of these, which committed those Disorders, brought to the Bar; kneeled: Charged by Mr. Speaker; he denieth it; and denieth, he was rescued from the Judges of the King's Bench.

Withdrawn; Sir Edw. Sackvyle, his Master, undertaketh for his forth-coming; and so dismissed, till his Accusers come.

Morpeth Election.

Sir Geor. Moore proceedeth with his Report for the third Question, concerning the Return of ... a Minister, returned for Morpeth in Northumberland.

Sir Edw. Coke: - When he Speaker, one put out:

And that he saw Alexander Nowell (though he had not curam animarum) put out, because of the Convocation-house.

Upon Question, Resolved, His Return void; and a new Writ to issue, for a new Election.

Attorney-general.

Sir Geor, proceedeth with the fourth ; the Case of the Attorney-general: Remembereth the Order against it, the last Parliament.

Resolved, upon the Question, That the Order, the last Meeting in Parliament, concerning the not serving of the Attorney-general in this House, shall stand. - A new Writ.

Malmesbury Writ.

A new Writ to issue for Malmesbury, for a new Choice, in room of Lord Beauchampe, called by Writ to the Higher House.

Grimsby Election.

The sixth; whether Henry Pelham, Gentleman, chosen for Grimsby in Lincolnshyre, being, at his Choice, beyond Sea, shall be retained.

Sir Geor. Manners: - That he was chosen, being beyond Seas; so not like Sir Tho. Edmonds' Case.

Mr. Brooke: - Not the like Precedent here before - A Fine bindeth not him that is beyond Sea; but if here, and it attach, and then go, shall be bound.

Mr. Alford: - To search Precedents; and to send to Sir Ro. Cotton, and Mr. Hackwyll.

Mr. Treasurer: - Sir Dudley Digges, and other good Members of this House, chosen, whilst beyond Seas. - Fit to re-commit it to the Committee of Privileges: - And Ordered.

Leycestershyre Election.

The seventh; for Sir Tho. Beaumond, returned Knight for Leycestershyre : That the Sheriff retaineth the Indenture for Election of Sir Geo. and Sir Hen. Hastings. -

That Sir Tho. Beaumond desireth to be heard by his Counsel, before it be judged by this House.

Mr. Living: - Now resteth upon Matter in Fact; wherein no Cause for Counsel.

Sir Gyles Monperson : - That at the Committee, Sir Tho. Beaumond stood principally upon Matter in Law.

Sir Edw. Coke: - Honourable Gentlemen on both Parts. - The Committees done gravely. - Concurreth, prima facie, with them - For that divers Acts of Parliament in it, wisheth, he may be heard by his Counsel; and some Lawyers may be prepared to answer.

Sir Sam. Sands: - Clearly Sir Geor, a Freeholder there. - That this exclusive Provision of the Statute (the Practice having been contrary) may exclude many worthy Members of the House. - Not to have it further disputed.

Sir Edw. Mountague: - That Sir Geor, his Cousin-germain ; yet, being Judges, to hear him by his Counsel.

Mr. Alford: - Not to deny to hear him by Counsel.

Sir Edw. Sackvyle: - That the Point of Non-resiancy hath been here determined; therefore to have the Precedents sought out.

Sir Wm. Cope: - Not to refuse to hear him by Counsel.

Sir Geor. Moore, accordant. - Never hear Denial of Counsel, where prayed.

Upon Question, Ordered, To hear him by Counsel, in the House, To-morrow Morning, Nine of the Clock.

Sir H. Withrington: - That the High-sheriff, and Under-sheriff, may be sent for, to attend here then, with both the Returns; and the Lawyers to be sent for, to attend them.

Free Election.

Sir H. Poole: - In respect of the Questions about these Things, and of the Wrongs by Blanks, Letters, &c. whereby no free Election in Effect; a Committee, to consider of some Bill to prevent it.- - Allowed a good Motion.

Records of the House.

Sir Tho. Rowe moveth, for a Place to be appointed, for keeping the Records of this House. - Both these referred to the Committee for Privileges.

Committee of Privileges.

Sir H. Poole to be added to the Committee for Privileges ; and Sir Jo. Wood, Mr. Cage, Mr. Hackwyll (who hath heretofore taken Pains in the Committee for Elections) Sir Francis Goodwyn, . . John Arondyll, Sir Rich. Bulwer, Mr. Brooke, to be also added to the Committee

for Privileges: Sir Rich. Tichborne, and Mr. Glanvyle, Mr. Cary, Sir Tho. Wyse. -

Liberty of Speech.

Sir Edw. Gyles moveth, the Sub-committee, for Liberty of Speech, to meet presently in the Committee Chamber.

Oxford Election.

Sir Francis Barrington: - That the Citizens of Oxford may be heard at the Committee, with their Counsel, concerning the Election of the Citizens returned for that City: And Ordered, Counsel may be heard, on both Parts, at the said Committee.

Informers, &c.

L. 2. An Act against certain troublesome Persons, commonly called Relators, Informers, and Promoters. -

Sir Edw. Coke: - This an excellent Bill; yet defective, and to be helped by Addition. No Bill more easeful for the Subject. -

Articles, appointed by his Majesty to have been observed in every Court at Westmynster; if no Parliament now had been:

1. No more, but Two, to be put into One Writ; and the Body of the Writ to be delivered to the One, the Label to the other.

2. That the Informer be viewed and seen by the Judges of the Court; and to bring with him a known Man to the Judge, to testify the Sufficiency of the Informer; as the Judge useth in taking a Fine.

3. That divers Persons Badgers, having Licence (Pye, now in Newgate, committed thither by my Lord Chancellor and him) drew 17 or 18 honest Men to force him to plead : Rather than so, gave Money. - To shew the Licence to One of the Judges, and then plead, Not guilty. - Made the Alehouse-keeper begin to him, and then sware, he had not full Measure.

4. A Trick, for an Informer to exhibit an Information, to put off all others by Covyn. - He never to be admitted to inform afterwards, and to be bound to his good Behaviour.

5. The King's Attorney excepted out of the Statute, and therefore no Costs. - No information to be in his Name, without his Warrant under his Hand.

6. No Process, till Information exhibited.

7. No Trial of any Information, out of the proper County.

8. Provision against Clerks, that shall be Parties, or privy to any of the said Misdemeanors.

9. No Fee to be taken by any Clerk for any thing provided.

Mr. Alford: - Rejoiceth in Sir Edw. Coke's Progress like a Parliament-man in Queen Eliz. Time; and bringeth us to old Parliament Orders. -

That the King gaineth not 1,000l. per Annum, where this particular Grievance 50,000l. per Annum, Prejudice to the Subject. -

The great Prejudice to them, for informing, upon not bringing in Corn into the Market. - Time and Tide to be respected there. - Cannot buy to sell again. -

Reciteth divers Particulars of Informers Wrongs. 40 s. demanded by an Informer, for a Pike-staff: Forfeitures, upon penal Laws, granted to some Noblemen; who use Knaves, such as Empson and Dudley had. These terrify. - To have these Terrors taken away. - Abuse both Sides.

5 l. taken Acquittance for 20s. yet he paid 5 l. - So coseneth the Lords of 4 l.

Mr. Secretary commendeth Mr. Alford's. opening these Things. Openeth a Law against Transportation of Corn, when above 26s. 8d. a Quarter. - Very plentiful here, these Two or Three Years; and so beyond Seas. - Moveth, it may be lawful to buy, to sell again, when under that Price. Better to keep it at home, than to send it abroad.

Sir H. Poole: - That these new Motions may be in a new Bill; and the other Bill, now read, may go single.

Sir Geor. Moore: - Speaketh against the Bill, because is for the Bill: Else to be ingrossed; and then, for a Fault, may be quashed. - Most Informations are against Badgers, Laders, &c. wherein many Conditions, which in many Places omitted; for no Penalty upon the Justices. - - Moveth therefore, this may be only tried at the Assises.

Sir Pet. Fretchwell moveth, the Punishment against Informers, discontinuing, &c. their Informations, may extend to those, which shall offend against this Bill.

Mr. Lovell moveth, to add, to these, Prosecutors of Inquisitions in the Court of Wards; who, by the King's late Direction, give warning at the County Court, where many can have no Intelligence of it; sit after in the farthest Part of the County. - An Oath for a Tenure in Chief: An Inquisition for the Feodary's Fee.

Mr. Tho. Fanshaw: - To go to the committing of this Bill. -

The Bill delivered to Sir H. Poole.

Committed to all the Privy Council of the House, all the Lawyers of the House, Sir H. Poole, Sir Edw. Sackvyle, Mr. Alford, all the Knights of Shires, and Citizens of Cities, Sir Ro. Askew; And as many, as will come to the Committee, to have Voice: - In this House, on Monday in the Afternoon, at Two of the Clock.

And the same Committee to consider also of all the other Propositions, made by Sir Edw. Cooke, or any other Member, that hath spoken, for the framing of a new Bill for them.

Small Debts.

Mr. Amnerst to draw a Bill concerning small Debts, not to be removed after Issue joined.

Courts of Justice.

Master of the Wards: - Desireth, if any thing in the Court of Wards, or any other Court, that burthensome to the Subject, a Course may be taken to help it: Will answer any thing he hath done there, either in Person, Purse, or both.

Sir Edw. Gyles, - to second it, - A Committee to be appointed, to question that Court, and every Court of Justice, ecclesiastical and temporal.

Committed to the whole House, except Mr. Speaker: - In this House, every Wednesday, during this Session, at Two of the Clock.

This, Committee to hear, and consider of, all Complaints, which shall be made unto them, of any Court of Justice, either ecclesiastical, or temporal.

Grievances.

The Order for presenting of Grievances by Members of the House, and Strangers, to be, as ordered last Parliament.

Limitations of Actions.

The Committee for Limitations of Actions, - Tuesday next, in the Exchequer Chamber.

Serjeant to ride before Mr. Speaker:

Sir Ro. Phillippes - a Proposition of Charity, for Mr. Serjeant to ride before Mr. Speaker : And granted.