Martis, 13 Februarii

Calthorpe's Estate.

L. 1. AN Act to enable Martin Calthrope, Esquire, to make Sale of certain Lands, for the Payment of his Debts, and Preferment of his younger Children.

Chantries, &c.

L. 1. An Act for the Explanation of a Statute, made in the first Year of King Ed. the 6th, intituled, An Act, whereby certain Chantries, Colleges, free Chapels, and the Possession of the same, be given to the King's Majesty.

Boseham Manor.

L. 1. An Act for the Confirmation of the Customs of the Manor of Boseham, in the County of Sussex.

Tythes for Fishing.

L. 1. An Act to prevent Exactions, and Taking of Tythes for Fishing Voyages.

Supersedeas.

L. 1. - Supersedeas.

Hospitals, &c.

L. 1. An Act for Encouragement of Works of Charity, in erecting Hospitals, and Abiding and Working- places for the Poor.

Statutes.

A Committee, to consider of the Repeal and Continuance of Statutes.

Mr. Alford: - That Mr. Hackwyll hath taken much Pains in it.

Committees.

Sir Tho. Row: - Not to nominate so many Committees, but few; and so in One Day many Businesses, in several Places, may be dispatched.

Ingrossing of Bills.

Mr. Alford, accordant. - A Bill, upon the second Reading to be ingrossed, if no body spake against it.

Sir Geor. Moore: This Increase, upon just Cause; because the Businesses have been more general.

Recusants, &c.

Sir John Bennett reporteth the Proceedings of the Committee concerning Recusants, Jesuits, &c. The Heads, whereupon the, Conference intended with the Lords, reduced into Writing, and Five in Number:

1. That they should presently avoid London, and be confined according to the Law.

2. To disarm them.. - Not only according to the Law, but according to an Act of Council, which larger than the Law.

3. A Prohibition to hear Masses in private Houses, or in Houses of foreign Ambassadors.

4. For the Execution of the Laws against Jesuits, &c. and in the mean time to be close Prisoners.

5. An Execution of all the Laws against Recusants; and particularly, for Encouragement of Informers upon these Laws.

The Heads delivered in, in Writing, and read.

Sir Nich. Rich, - against the Clause, "except it be by his Majesty's Licence," which unnecessary, repugnant, destructive, and sheweth a Back-door to evade.

Sir Jo. Bennett, contra. - That this contained in the former Proclamation.

Sir Francis Barrington, concordat cum Sir Nath. Rich.

Mr. Secretary: - That his Majesty hath granted to the French Ambassador, that all [Priests] shall be transported, and return at his [Peril.]

Courts of Justice.

Sir Edw. Coke; - To prepare some Bills : 1. Where all Courts, temporal and ecclesiastical; to have Limitation of Suits in the eclesiastical Courts. - Dr. Julio divorced, causa praecontractus, after Eighteen Years Cohabitation.

- A Limitation here. 2. A Legacy devised: The Money paid. When the Witnesses dead, a new Suit for it,

- A Limitation here also.

The drawing of this Bill referred to the Committee for Limitations of Actions, and all the Civilians of the House.

- Temporal Jurisdiction, either in Court of Law, or Equity. - Meddleth not with the Jurisdiction of any Court, but to limit the Suit of the Party. - Meaneth not any power of the King, nor Time of Actions for him. Nullum tempus occurrit regi. -

In libero senatu libere loqui. -

To limit any, that shall sue in any Court of Equity, at Yorke, Wales, in Chancery, to a certain Time. The Chancellor is, in divers Cases, to proceed according to the Course of the Common Law; and the Common Law already restrained. -

The Suit, in cancellaria, coram rege; so in the King's Bench; yet those in the King's Bench restrained. -

All Rights, upon Fines, &c. limited, but Rights in Chancery, where the Right not grounded upon Record, but most standeth upon Proof of Witness, not limited. No Fault in the Judge; for, if the Witnesses swear, he must judge upon them.

Mr. Alford: - That had One Suit in Chancery, which held him 24 Years: And speaketh of many Particulars.

This referred to the same Committee, for Limitations of Actions; and all the Masters of the Chancery to be added.

Petition amended.

The Words in the Petition, without special Licence had thereunto," struck out, upon Question.

Recusants, &c.

A Message to the Lords, to desire a Conference concerning Recusants, Jesuits, &c.

Sir Ed. Coke to deliver the Message; and all the Privy Council to go with him; and Sir Ed. Coke to move the Lords, to appoint it with all Speed convenient.

This Message to go as soon as the Lords sit.

Sir Edw. Montague; - To have the Heads aforesaid delivered with the Message to the Lords: which denied.

Privilege.

Concerning Mr. Lovell's, Witnesses, whereof One a Gentlewoman, the House calling to have them called in;

Mr. Crew, - against the Woman coming in; for never seen.

Sir Edw. Coke, - out of St. Barnard, A Woman not to speak in the Congregation.

The Examination hereof committed to Sir Warwicke Heale, Sir Edw. Gyles, Sir Geor. Moore, Sir Jerome Horsey. To be presently examined, and reported by them.

Women Felons.

L. 1. An Act concerning Women, convicted of small Felonies.

Laws concerning Clergy.

Upon Mr. Fanshaw his Motion, all the Lawyers of the House to consider, how all the Laws, concerning Clergy, may be reduced into One or more Bills; and so make that Law perfect [a]: - In the Middle Temple Hall, on Friday next, Two of the Clock.

Wool-cards.

L. 1. An Act for the making of good and sufficient Cards, for the Carding of Wool. -

..... That this Bill for a private End, to make a Monopoly.

Mr. Alford: - That a Bill from the Lords, commended from the Queen, rejected, upon the first Reading, long sithence in Parliament. - To retain the Bill.

Sir Wm. Strowde: - To retain it.

Sir Francis Darcy, accordant. -

Retained.

Transporting Ordnance.

Sir John Jephson: - That many Pieces of Ordnance, lying upon the Key, ready to be transported, as is said, for the Spanish Ambassador, - Moveth, a Message to the King, by some of the Privy Council, for the Stay of this Ordnance, till know what will come of the War concerning the Palatinate.

Mr. Secretary: - That the King, about Two Years sithence, granted the Spanish Ambassador the Transportation of 100 Pieces of Iron Ordnance; which now lately pressed ; and granted again by the King, upon Assurance, it shall pass directly for Portugall.

Sir Edw. Gyles: - That such Iron Ordnance not to be had in the World, but here.

Mr. Bateman: Not sufferable to bring out of Spayne Six Rapiers,or Pikes; but Felony. - To petition the King, to stay these, either altogether, or, at least, till known what will become of the Palatinate. So, for the Carriages, they knew not how to do them, till now.

Sir Edm. Morgan, contra.

Sir Edm. Mountague: - That the King's Promise, when no Question of the Palatinate; now that almost lost: So that the King's Honour may be saved. - Not to delay it. - A Message the best Way. - To have some of the Privy Council move the King, that the Speaker may have Access to him.

Sir James Perrott: - To have a present Message.

Dr. Gooch: - That they have offered treble Freight, for Speed to get them away; therefore a present Message.

Mr. Treasurer, accompained with all the Privy Council, to go presently, to move his Majesty for the Stay of the carrying away of the Ordnance, and Carriages, now ready to be transported. - Ordered. -

Sir Tho. Row: - That neither Spanish Timber, nor Fashion, fit for Service. That already 100 Pieces have been carried out, under Pretence of that Warrant.

Mr. Towerson: - That these 100 Pieces destinated for Twelve Ships, now preparing in Portugall, to be sent against our Nation in the East Indyes. -

They to bring an Answer presently, sedente Curia.

The House to sit till their Return ; and no Man to go out, till they return. - Ordered.

Privilege- Words carried to Ambassadors.

Mr. Alford: - That Words, spoken the last Parliament, carried to Ambassadors, who complained of it. That, if any shall do so now, it may be enquired, from whom that Intelligence; and that known (whosoever he be) shall have his Vote to go to the Tower.

Statutes.

Mr. Hackwill: - That he, Mr. H. Finch, and Mr. Noy, by Direction from the King, and Lords of Council, by Advice of the now Lord Chancellor, Treasurer, and Lord Hubbard, took much Pains in surveying the Statutes. That they found almost 400 Statutes fit to be repealed, as being Snares to us. -

In the last Statute for Repeals, such Defects, as marvel they should pass an House of Parliament, - Sanctuary, Perjury. -

A special Committee, to survey the former Laws; and to have Power, from the House, to draw into One Law, &c.

He, and Mr. Noy, and Mr. Finch, with their Labours to assist the Committee.

Motions for Leave of Absence.

Ordered, No Member of this House shall go out of the Town, without open Motion, and Licence, in the House, made after Nine of the Clock.

Statutes.

Sir Edw. Coke, Mr. Fanshaw, Mr. Solicitor, Mr. Tho. Crew, Sir Jo. Walter, Mr. John Finch, Mr. Serjeant Davys : These to join with Mr. Noy, Mr. H. Finch, and Mr. Hackwill, to survey all the Statutes: And to draw all the Statutes, concerning One Matter, into One or more plain and perfect Law; and to consider, which are fit to be repealed, which expired, which in force, and which fit to be continued.

Mr. Finch: - That he, and the rest, spent Ten Hours in a Day, all One Vacation, about this Service : That these Labours extant.

Mr. Serjeant Finch, though no Member of the House, to be entreated to assist this Committee; because he hath formerly taken a great deal of Pains in that Business.

Mr. Crew, for dispensing with penal Laws; which a Sceptre of Gold in the Hands of the King, a Rod of Iron in the Hands of the Subject. The penal Statute, of Apprentices and Depopulation, dispensed with. - That the Restraint of buying Woolls, a great Cause of the Fall of that.

The Time and Place referred to the Discretion of the Committee.

Journal.

The Survey of the Clerk's Book, weekly, referred to Mr. Alford, Sir Tho. Rowe, Sir Ed. Mountague, Mr. Hackwyll, Sir Francis Goodwyn, Sir H. Poole, Mr. Noye:

- Every Saturday in the Afternoon.

Mr. Noye: - That after the Committee had surveyed it, the Clerk may, against the next Week, ingross it in a Parchment Roll.

Privilege - threatening a Member.

Sir Edw. Gyles maketh Report of the Examination of Mr. Lovell's Business. - That they examined Mrs. Newdigate. That Mr. Chamberlayne reporting the Motion by Mr. Lovell Dayrell, in Presence of her and Kennett, said, that Mr. Lovell should be committed for it, either during Parliament, or after.

Transporting Ordnance.

Mr. Treasurer reporteth from his Majesty, that having faithfully discharged themselves in their Message to the King; acquainting him with the Bequest of the House, and their Reasons, pro et contra : - That the King hath the Assurance from the King of Spaine, and the Ambassador, that they shall be only converted against Pyrates; wherein he joineth : That the King hath lately made a new Promise : Will, for the Time to come, pass a Bill, to restrain any more Transportation. For the Carriages ; the King saith, he did nothing, without Certificate, both from the Earl of Nottingham, and the Trinity-house, that it would be no material Prejudice.

Privilege - Threatening a Member.

Kennett justifieth his former Testimony before Mr. Dayrell.

Sir Edw. Mountague: - That no man may speak, when a Question once put; but the Question, if doubtful, to be put again.

The Question, Whether Dayrell should be discharged, or not, put again, and yet doubtful.

Question whether the I, or Noe, to go out.

Mr. Heneage Finch:- - That the Noe to go out, and vouched a Precedent for it, 7 Jac.

The Noe yielded, before Division of the House.

Sir Edw. Coke: - Sithence a Question, whether Punishment, or not, to punish him but moderately.

Sir W. Heale, contra; and to have him Prisoner with the Serjeant.

Dayrell to be committed to the Serjeant, till Thursday Morning; and then to come, and acknowledge his Fault; which if he shall not do, then to be committed to the Tower. - Ordered.