House of Commons Journal Volume 1: 15 February 1621

Jovis, 15o Februarii

Small Debts.

L. 1. AN Act for the Recovery of small Debts and Duties in London, and for avoiding of excessive Charges of Suit and Travail for small Matters.

Apsley's Estate.

L. 1. An Act for the Confirmation of the Sale of certain Lands and Tenements in Fletton, within the County of Huntingdon, according to the last Will and Testament of Sir Edw. Apsley, Knight, deceased, for the Payment of his Debts.

Highways.

L. 1. - Highways.

Palatyne.

Sir Edw. Baynton moveth about the Bill of the Palantyne.

Sunday.

L. 2. - Sabaoth. -

Mr. Sheperd, - against the Title, "Sabaoth-day." -

Dies Sabbati is Saturday. - Called Sunday, in all Statutes; never Sabaoth. -

Against the Body of the Bill. - Dancing prohibited. - This first to be determined by Divines, whether lawful or not, before determined here. - This to cross the King's Book; out of his own Judgment, and not by Referment; and so not be deceived. -

That Davyd biddeth us dance; and, in the last Psalm

- Divinity to determine how we are to dance. -

Ex unguibus leonum. - Some will not call it Sunday, but Sabaoth-day. -

That this savoureth of the Spirit of a Puritan. - He a Puritan, that refractory to the Ceremonies, &c. -

The Provisions made here against Papists, not a Mouse-trap to catch a Puritan. - That this Bill put in by a Sectary, and Disturber of the Peace.

Sir Tho Wentworth : - That this Bill put in by a worthy Member; which now so traduced, as not fit to be suffered.

Sir Edw. Gyles, accordant.

Sir Geor. Moore: - In every Parliament sithence he served, Bills for observing the Sabaoth.

Exception to a Member's Words.

But to inveigh, in such a bitter Manner, against this Bill (where, in 27o Eliz. a more strict passed) not sufferable. - He, for his Intemperaney (as others before) to be called to question. To be first sequestered, and then called to the Bar, to answer it.

Sir Walter Earle: - That he preferred in the Bill: Had out of the Clerk's Hand. - That particular Matters between Mr. Sheperd, and him.

Sir W. Heale: - That he ought to explain himself first.

Mr. Denny, accordant,

Sir Wm. Cope, accordingly.

Sir Edw. Coke: - Disliked his Speech, not to the Title, nor Body of the Bill; but, for taxing the Gentleman, condemneth him. - That whatsoever hindereth the sanctifying of the Sabaoth, is against the Law of God. -

To have him explain, but not to contradict, what he said. - Sensus dulcis, & asper.

Sir Francis Goodwynn: - Just, that he explain himself; but that he may be heard in his Time, and Kind. - Never any such Tax before. - A Precedent 1o Jac. A Sermon preached at Paul's Cross: - A Committee to set-down the Words. - So now.

Sir Jo. Strangwayes: - For Explanation here.

Mr. Crew: - Words, before out, his own; out other Mens. - To have him speak the Words again.

Mr. Sheperd: - That, in the Words he spake, he shewed a Suspicion that the Preferrer of the Bill was a Perturbator of the Peace.

Ordered, upon the Question, He withdraw himself out of the House: Which accordingly he did.

Sir H. Anderson: - 1. For his Actions, very violent; so in his Words. - Said, there was a kind of Cattle crept up. - Passed this House last Parliament: - Great Care to send it up first. - The House now taxed. - To have him called to the Bar.

Sir Tho. Hobby: - Remembereth Mr. Sheperd's Words, before he heard the Bill. - To call him to the Bar, and make him submit.

King appoints to be attended.

A Message from the Lords : -

Mr. Justice Warberton and Mr. Justice Winch .- - That the King hath given Access on Saturday Afternoon, Two of the Clock, in the Afternoon, in the Guard Chamber, on the Queen's Side; and the Lords, to prepare it, desire a present Conference; whereat [the] Prince is pleased to be present.

Conference.

- To have some fit Number * *

Mr. Alford: - That when the Messengers deliver their Message, none ought to speak to them, to speak out.

Agreed to be the Course of the House, not so to speak to them; for Mr. Speaker is to relate it to the House.

Sir Nath. Rich: - That the former Business may stay till the Committee return: - And, Resolved.

Sir Edw. Coke: - That now the Resolution of the Heads is in Writing: - And not to depart from those Heads.

Answer to the Messengers, that they will presently attend the Service, with like Number as before: And so presently went up.

Members chosen when beyond Seas.

Sir Tho. Rowe moveth, for Sir D. Digges, and Mr. Mawrice Abbott, now at the Door, may be, by Order of the House, admitted to take their Oaths, and serve as Members of this House: which chosen, whilst beyond the Seas, in the King's Service.

Mr. Mallett: - That, being in the King's Service, beyond the Seas, he may be chosen a Member hereof: So is for these Two, and Mr. Pelham, who employed in like Service.

Mr. Brooke: - Difference, where voluntary Absence beyond the Seas, and where in the King's Service, beyond the Seas. An Election not good, of him, that then gone voluntarily beyond the Seas; for we no Power to punish his Contumacy, being beyond the Seas. - As Choice of a Peer of the Realm. - Going beyond the Seas voluntarily a voluntary Banishment.

Sir Tho. Trevor: - Remembereth the Precedents 3o Jac. of Ridgeway, Winch, and Carew: New Writs there, because Patents of their Patents. - To have them sworn.

Mr. Sherfeild: - The Question of great Weight; - To have the House full, e'er resolved. - If a Member of the House chosen Mayor, &c. he is to be discharged here. - To have the Resolution deferred, till the House full.

Petition from both Houses.

Sir Edw. Coke reporteth from the Conference with the Lords; that the Lords sent to confer about Matter of Form, and Decency. Sithence the Petition to proceed from both Hquses, desired to be satisfied, 1. Whether the Lords should not appoint a Mouth for themselves, we another for ours : 2. If our Speaker chosen for this House, then who to begin. -

A great Earl said, a Precedent for the Tenures, said, upon a joint Message for it, the Lord Chancellor began.

Sir Edw. Coke: - That the Lord Chancellor is to begin.

Sir Jo. Bennett: - Upon a like Conference, upon the same Subject, 7o Jac. The Lord Chancellor did it.

Which sent up accordingly, by Sir Edw. Coke, &c. -

Members chosen when beyond Seas.

Mr. Hackwyll: - Hath searched Precedents, and conferred with Sir Ro. Cotton. - No Precedent. - Qui abest reipublicae causa, videtur esse presens. - To have them sworn; but not Mr. Pelham.

The Consideration of the Swearing and Admittance of Sir D. Digges and Mr. Abbott, referred to further Consideration at a Committee.

Privilege - Freedom of Speech.

Mr. Glanvyle maketh Report from the Committee for free Speech. - A Draught of a Bill tendered.

1. Resolved to go by Message, not by Petition in Writing. - That they have framed a Bill also. -

From the Committee maketh these Petitions : 1. If the Substance liked, then to expedite the Dispatch of it. 2. That some of the Privy Council, with some Five or Six more, to attend the King with the Message, and to desire a present Answer. -

For the Bill; that it may be read here, as an Escrow; and then a Message to the Lords, to pray a Conference upon the Body of this Bill.

Mr. Secretary - A Message from the King: That he marvelleth, this Matter should hold so long Debate ; he promised so much at the Beginning of the Parliament,, and really meant it.

Sir Nath. Rich: - That this Message may be, by Mr. Secretary, set down in verbis conceptis.

Delivered in Writing: Which here to be entered.

Petition to the King.

Mr. Serjeant Crew and Mr. Serjeant Finch desire the Committee of this House may meet To-morrow, in the Painted Chamber, at Nine of the Clock, for the better Preparing of the Petition to his Majesty, from both Houses: And consented to; and Answer returned by the same Messengers.

They also bring from the Lords Two Bills :

Arms.

The One, concerning Arms :

Lezure's Nat.

The other, for the Naturalization of Sir Steven Lezure.

Committee appointed.

Eighty Committees : Five of the Privy Council, Sir Ro. Phillippes, Sir Tho. Row, Lord Cavendish, Sir Francis Barnam, Sir H. Withrington, Sir Geor. Moore, Sir Francis Barrington, Mr. Jo. Murray, Sir Tho Wentworth, Sir Edw. Gyles, Sir O. Luke, Sir Tho. Jermyn, Lord Wriothesley, Sir Nath. Rich, Sir Ro. Moore, Sir Jerome Horsey, Sir Tho. Grantham, Sir Geor. Fane, Sir Geor. Manners, Lord Lisle, Mr. Crew, Chancellor of the Duchy, Sir Charles Morrison, Mr. Towerson, Mr. Freake, Sir Tho. Littleton, Mr. Mynn, Mr. Alford, Sir Tho. Barrington, Sir Charles Mountague, Sir Francis Seamor, Sir Edw. Cecill, Mr. Drake, Sir Jo. Jephson, Sir Francis Fane, Sir Peter Fretchwell, Sir H. Poole, Sir H. Portman, Lord Pawlett, Mr. Solicitor, Lord Clifford, Sir Ro. Bevill, Mr. Bateman, Sir James Perrott, Attorney of the Wards, Mr. Hopton, Sir Rich. Lovelace, Sir Tho. Trenchard, Sir W. Heale, Sir Gervase Clifton, Sir Walter Earle, Sir Jo. Bennett, Sir Ro. Verney, Sir Wm. Herberte, Sir Tho. Cheeke, Sir Clement Cottrell, Lord Compton, Sir H. Mildmay, Sir Tho.

Grymes, Sir H. Williams, Sir Francis Popham, Sir Edw. Sands, Sir Christofer Hildyard, Sir Wm. Strowde, Sir H. Slingesby, Sir H. Fane, Sir Francis Darcy, Sir Wm. Udall, Sir Wm. Pittes, Mr. Jo. Arondell, Mr. Tho. Fanshaw, Sir R ich. Tichborne, Sir Edw. Rodney, Sir Rich. Yong, Sir Ro. Askew, Sir Wm. Bowyer.

Sabaoth.

The Bill for the Sabaoth, committed to all the Privy Council, Sir James Perrott, Sir Tho. Hobby, Sir Edw. Mountague, Mr. Solicitor, Sir Walter Earle, Sir Geor. Manners, Sir H. Portman, Sir Jo. Bennett, Mr. Glanvyle, Mr. Christopher Wray, Sir Gilbert Cornewayle, Sir Tho. Denton, Sir Edw. Askew, Sir Ro. Floyde, Sir Wm. Herricke, Mr. Crew, Mr. Nevill, Sir Francis Barrington, Sir Jerome Horsey, Sir Nath. Rich, Sir Geor. Moore, Sir Tho. Wentworth, Sir Robert Tracy, Sir Rich. Weyniman: - Monday next, in the Afternoon, in the Exchequer Chamber.

Orders deferred.

Mr. Sheperd, - To-morrow Morning.

Mr. Dayrell, - To-morrow Morning.