House of Commons Journal Volume 1: 06 May 1607

Mercurii, 6 Maii, 1607

Cavendish's Relief.

IT was ordered, upon Motion, That the Counsel on both Parts, in the Bill for the Relief of Mary Cavendish, Widow, &c. should be heard at the Bar on Saturday next, at Eight a Clock in the Morning.

Privilege - Summoning Members as Jurors.

It was informed, that Sir Tho. Biggs and Sir Thomas Lowe, Two Members of the House, were, by the Sheriff, returned in the Court of King's Bench, Jurors upon an Attaint between John Macham, Tenant to the Lord Barkley, and Edward Beard, Tenant to the Lord Viscount Lisle; and was conceived, that in this Case, by the Privilege of the House, they ought to be spared from their Attendance: Which was ordered accordingly; and Mr. Serjeant commanded to go with his Mace, and deliver the Pleasure of the House to the Secondary of the King's Bench, thc Court then sitting.

Fens.

Counsel on both Parts, in the Bill of Fens, to be heard Tomorrow.

Smyth's Estate.

Counsel in the Bill touching Allsolue College, and Sir Wm. Smyth, to be heard at the Bar on Friday next in the Morning.

Inmates, &c.

L. 1a Nova B. Against Dividing of Tenements, and against Inmates, Undersitters, Victuallers, and other Houses of Disorder, in and about the Cities, Universities, and other Towns Corporate of this Realm.

Armour-makers.

Motion made, for a Committee to be named to consider of the Petition exhibited by the Armour-makers, Gun-makers, &c. and what Course were fittest to be taken for their Relief.

To this Purpose, upon the Motion, were named, the Knights of all Shires, the Knights and Burgesses of London, the Burgesses of York, Sir John Heigham, Sir Henry Poole, Sir Edwyn Sandys, Sir Robert Johnson, Sir William Strowd, Sir Warwick Heale, Sir Roger Owen, Sir Antho. Teringham, Sir Peter Manwood, Sir Jerome Horsey, Mr. Hyde, Mr. Fuller, Mr. Brock, Sir Valentyne Knightley, Mr. Nanton, Mr. Upton, Sir James Perrott, Sir John Peyton, Sir William Ayres, Sir Francis Barrington, Sir Edm. Ludlowe, Mr. James, Mr. Martin, Sir Barnard Whytston, Mr. Alford, Sir Tho. Smyth, Sir William Wray, Sir Robert Johnson: - To meet on Tuesday next, in the Middle Temple Hall.

Bringing Water to London.

B. For Explanation of the Statute for Bringing of a fresh Stream of Water to the North Parts of the City of London, reported from the Committee by Mr. Fuller; and ordered, upon Question, to be ingrossed.

Letters Patents, &c.

Mr. Pettus offereth a Bill, intituled, An Act for the Relief of Patentees whose Names were used in Trust for others; and for the Explanation of a Proviso, or Clause, contained in the Statute, made in the 43 Year of the

Reign of our late Sovereign Lady Queen Elizabeth, intituled, An Act for Confirmation of Grants made to the Queen's Majesty, and the Letters Patents made by her Highness to others.

Cardinall's Estate.

L. 2a. B. To make the Lands, Tenements, and Hereditaments of William Cardinall, deceased, liable to the Payment of Five hundreth Pounds, &c.

The Counsel, by former Order, did attend, and were heard; viz.

For the Bill, - - - Mr. Warre.

Against it, for Cardinall, Mr. Richison.

The Counsel, after long Argument, retired; and the Case was then further argued by Mr. Fuller, Mr. Dyett, and Sir Henry Poole.

The Bill put to the Question of Commitment; and, upon the Question, resolved, not to be committed.

Upon a second Question for ingrossing, rejected.

Union with Scotland.

L. 2a. B. Tor the Continuance and Preservation of the blessed Union between the Realms of England and Scotland, and for the Abolishing and Taking away of all

the hostile Laws, Statutes, and Customs, that might disturb or hinder the same : - Secondly read.

Privilege - The King's noticing Speeches.

Upon the second Reading of this Bill, it was remembered, how his Majesty was pleased, in his late Speech at Whytehall, to tax and blame the Judgment, Discretion, and good Meaning of sundry Members of the House, in their publick Speeches; and Motions made, for some Course of Satisfaction to his Majesty in such a Case.

By some, that the Gentlemen blamed, might pray Liberty of Access to the King, and explain themselves.

By others, that the Bill might be committed; and this also done in the mean Time.

By One, that the Clearing of the Gentlemen might pass by Question in the House.

By another, that every Man might express his own Meaning in Writing, and deliver it to his Majesty, as he in his particular had done.

By all agreed, that it were fit to make known to his Majesty the Desire of the House in these Three Points:

1. That his Highness would not suffer himself to be traduced by any private Suggestions or Reports; but either by Mr. Speaker, or by some other Means, be pleased to receive Information from the House itself, of their own Meaning, as also of the Meaning of any particular Man.

2. That his Majesty would be pleased to give Leave to such Persons as have expresly been blamed or taxed by his Majesty, for their Speeches in the House, to clear themselves in his Majesty's Hearing and Presence; as likewise all such as shall hereafter be said to offend in the same Kind.

3. That he will also be pleased, by some gracious Message, to make known to the House, that his princely Meaning was, and is, that they should, with all Liberty and Freedom, and without Fear, deliver their Opinions in the Matter in Hand, and so proceed according to their best Judgments.

Private Intimation was given, that it were fittest for Mr. Speaker to attend his Majesty in this Matter, and to take these Instructions with him.

Motion made by a Serjeant at Law, that we should first miake Answer to the Bill, and proceed upon it, and not wander into these extravagant and By-matters; and for Authority and Direction in this Behalf, he produced an old Order of Parliament, which (he said) he had out of the Tower, being there upon Record, in these Words following:

Vide Lib. De modo tenendi Parl. fol. 12. et 14.

CUM disputatio, seu casus difficilis, pacis vel guerrae, emergat in regno, vel extra,

referatur et recitetur casus ille in pleno Parlamento, et tractetur et disputetur ibidem

inter pares Parlamenti; et, si necesse sit, injungatur seu ex parte Regis (si Rex non intersit) cuilibet graduum parium, quod quilibet gradus adeat per se; et liberetur casus

ille clerico suo in scriptis, et in certo loco recitari facient eis casum illum ; ita quod ipsi considerent inter se, qualiter et justitius procedi poterit in casu illo, sicut ipsi pro persona Regis, et eorum propriis personis, et etiam pro personis eorum, quorum personas ipsi representant, ut velint coram Deo respondere; et avisanenta reportent in scriptis.

De ordine liberandi negotia Parliamenti.

Negotia, pro quibus Parlamentum est, debent deliberari secundum kalendare Parlamenti, et secundum ordinem petitionum liberatarum et affilatarum, nullo habito respectu ad quorumcunque personas; sed qui prius proposuit, prius agat in kalendari Parlamenti, sub isto ordine : Primo die de guerra sit, et de aliis negotiis personas regis et reginae, et suorum liberorum, tangentibus: Secundo de negotiis communibus regni; ut de legibus statuendis contra defect. legum original. judicialium, et extemporarior. post judicia reddita; quae sunt maxime communia negotia: Tertio debent rememorari negotia secularia; et hoc secundum ordinem filatarum petitionum, ut predictum est.

This was not thought much pertinent; therefore nothing done upon it.