Mercurii, 17 Martii
L. 1. AN Act to enable Sir Fran. Clarke to sell Lands, for the Payment of his Debts, and providing Portions for his younger Children.
L. 2. An Act -
Committed to Knights, Burgesses Wiltes, Attorney Wards, Sir Hen. Poole, Mr. Coke, Sir Tho. Estcourt, Mr. Shervyle, Mr. Lively.
Lord Wharton's &c. Decree.
L. 2. An Act. -
Committed to Sir Guy Palmes, Sir Jerv. Clifton, Sir Maxim. Dallison, Sir Jo. Walter, Sir Gil. Jerrard, Mr. Weare, Sir Rob. Philips, Mr. Shervyle, Lord Wriethley, Sir Jo. Strangwayes, Sir Geo. Horsey, Attorney Wards, Mr. Banks, Sir Wm. Earle, Sir Will. Cope, Mr. Lowther, Sir Will. Massam, Sir Char. Mountacue, Sir Edw. Villiers, Sir Tho. Savyle, Sir Geo. Fane, Sir Edm. Verney, Mr. Brooke, Mr. Glandvyle, Sir Rob. Hicham, Sir Hen. Anderson, Mr. Ravenscrofte, Mr. Wainsford, Sir Tho. Hobby: - Saturday next, Two a Clock, Court of Wards.
Sir Edw. Coke reports from the Committee of Grievances, a Petition by the Fishermen, against Sir Ferdinando Gorge his Patent. - Their Counsel heard. Resolved by the Committee, That the Fishermen may freely fish there, and take sufficient Wood and Timber for their Fishing, and Repairing of their Ships. And resolved also, That this Clause of the Patent, that no Englishman shall visit that Coast, upon Pain of Confiscation of Ship and Goods, was against the Law. -
They desire to have this approved by the Opinion of the House.
Resolved, upon Question, as the Opinion of the House, That our Fishermen ought to have free Liberty of Fishing in New England, with all Incidents thereunto.
Resolved, also, upon a second Question, as the Opinion of the House, That the Clause of the Patent, of Confiscation of Ships and Goods, is a void Clause in Law.
Resolved also, upon a third Question, as the Opinion of the House, That our Fishermen may take necessary Timber and Wood for their Fishing there.
A Message from the Lords, by Serjeant Davies and Attorney-general: -
The Lords signify to this House, that the Duke is returned from the King, and hath brought, his Majesty's Pleasure concerning that, which was delivered by him on Sunday last; and therefore desire a present Conference with the Committee of this House, in the Painted Chamber, if it may stand with the Pleasure and Leisure of this House.
Answer: This House will presently give a Meeting, as is desired.
Ordered, That no Members of this House shall go out, till the Committee be gone up.
The Committee sent up to the Lords. Mr. Solicitor to make report from this Conference.
Sir Will. Fleetwood reports the Bill of Magna Charta.The Alterations twice read.
Doctor Ducke: - Made Two Objections at the Committee : - Will cross the Power of Two great Officers; Lord Admiral, and Lord Marshal. Lord Admiral imprisons by Course of the Civil Law. 2. Lord Marshal his Jurisdiction in Matter of Arms : His Power, by the Law of Honour and Arms. This will not come under the Words legem terras. These will stop the Bill above. - A third Objection, the King's Power in Causes ecclesiastical ; where Commissioners Power to imprison. This will take away their Power.
Mr. Fanshaw : - In all these Courts nothing more usual, than to have Habeas Corpus. - To have the Bill re-committed.
The Bill, upon the Question, to be re-committed to the same Committee : - Doctor Ducke, Mr. Fanshawe, Mr. Recorder, Sir Wal. Pye, Mr. Olesworth: - Friday, Court of Wards.
Address to the King : and Answer.
Mr. Solicitor reports from the Lords. - After our humble Advice to his Majesty in general, next we conceived such a Frame of Words, as might express ourselves to the King. - Upon Sunday last we did attend. The Lord Archbishop, accompanied with others, presented themselves to his Majesty. - This Introduction: May it please your sacred Majesty : - Come to you -
And first, we acknowledge ourselves much bound to God, for placing such a King, that would speak and be spoken to of his Subjects. -
Next, that we did rejoice, that he was so sensible of the Insincerity of that People, with whom he had lately dealt, and also of the Indignity done by them to his noble Children. -
And then read the Schedule and Form of that he had in Writing.
That read again in the House. -
When this was read, the King made Answer. This now presented by my Lord Buckingham to the King, that he might be the Expounder of his own Words.
The King's Answer read in the House. -
Duke now pleased to say thus ; that, since so great a Burthen -
Prince said, at parting, that, if this House would consider these Demands, and give him such an Answer, as might satisfy, the King would follow our Advice, and presently declare himself. -
A Motion of his own. - A Business of great Weight. - Not to proceed rashly in it. To have the Members of the House have Copies of it; and to appoint some Time to speak to it.
Resolved, upon Question, That the Debate of this great business shall be respited till Friday next, Nine a Clock : And, that any Members of the House may have Copies of this last Answer of the King.
Sir Rob. Philips: - To have an Order, that no Man may depart the Town, without special Leave of the House, till this Business be ended.
Sir Rob. Philips reports from the Committee for Courts of Justice. - Two in Consideration : 1. A Point of Order, in their Proceedings: 2. A Doubt upon a Petition, exhibited by Le Grys. -
For the first, seeing how slow Business went on, thought fit to have it as last Parliament. To have a Sub-committee of Twenty, to receive every Morning, Court of Wards, Petitions : and to select those they thought fit for the Consideration of the House.
2. A Petition of one Grys, who having married an Heir, acknowledged a Fine; after complained, that this Fine was violently extorted from her. Common Pleas awarded him to bring in the Deeds leading the Uses. A Commission granted to some, to examine this Woman : They certified, the Fine was well taken.
Mr. Grys, repairing to the Chancery for his Fine, found there a Stop : Then petitioned often, but could have no Redress. In fine, Lord Chancellor committed his Solicitor ; searched his Chamber; took away his Papers. -
This Fine remained in Yelverton's Hands Four Years: From him delivered to Mannering. a Servant of the now Lord Keeper. He desires Mannering may be sent for, to deliver the Fine, and Dedimus potestatem. Two Days
since, the Wife of Grys petitioned to be heard by her Counsel, before any thing be done in it.
The Petition read.
Sir Edw. Cooke: - This Gentlewoman his near Kinswoman, Sisters Children; Now half distracted. This done in Egerton's Time. He now gone : Therefore not the Use to complain against the dead. - To appoint her Counsel at convenient Time : - This Day Sevennight.
Ordered, She shall be heard at Committee by her Counsel, this Day sevennight: Nothing to be done in the mean time.
Sir Jo. Elliot: - To have a special Care of the Choice of the Sub-committee, that they have no Dependance upon Men in Place. To have no Lawyers. To have Countrymen, that have no Dependance.
Sir Edw. Cooke: - Great Inconvenience, by having such a Sub-committee. - To have it well considered of.
Mr. Knightly: - To have the first Hour appointed to read Petitions: and to proceed with the most weighty.
Ordered, That the Committee for Courts of Justice shall, the first Hour of their Sitting, receive and read Petitions, and proceed with the most weighty.
L. 3. An Act for the Ease in the Obtaining of Licences of Alienation, and in the Pleading of Alienations with Licence, or of Pardons of Alienations without Licence, in the Court of Exchequer, or elsewhere. -
Sir Jo. Savyle: - Reported in the Town, that the Counsel of the Exchequer not fully heard at Committee. - To have them yet heard.
Sir Edw. Cooke: - The Counsel fully heard - 20 s. now given ; whereas but 10 s. given before.
Mr. Bankroft: - This Bill committed, upon his Motion : Committed, when the House almost empty. First Day the Committees met not fully; yet the Counsel heard to prepare Business for the next Meeting. Appeared, that there were no Fees taken, but such as had been taken time out of mind. Next Day, at Four Clock, met: Nothing done. They desire to have their Counsel heard. - Yet, for the Bill, not so full as might be. -
Upon Question, passed for a Law.
L. 3a. An Act for Relief of Patentees. Upon Question, passed for a Law.
Ordinances in Wales.
L. 3a. An Act of Repeal of One Branch of the Statute, made in the Session of Parliament, holden, by Prorogation, at Westminster, the 22th Day of January, in the 34th Year of the Reign of King Hen. VIII. intituled, An Act for certain Ordinances in the King's Majesty's Dominion and Principality of Wales. -
Sir Wm. Pitt, Mr. Glandvyle, Mr. Selden, to confer the Parliament Roll, and Bill, with the printed Book at large, and to report to the House To-morrow. To have the Paper Book with them. The Bill then to be put to the Question.
Clerk of the Market.
Mr. Mallory: - To have Mr. Banks instantly draw a Bill to prevent the Abuses of the Clerk of the Market.
Sir Rob. Crane: - A Bill already drawn.