Veneris, 5 Martii
L. 1a. AN Act for the Reversing and making void of a Decree, made in the Chancery, and of all Orders and Injunctions thereupon had and made, against the Master and Fellows of Magdalen College in Cambridge, and Jo. Smyth, Lessee at the Suit and Prosecution of the Right honourable Henry Earl of Oxford, Tho. Wood, and others, for an House and Grounds without Algate, London, contrary to the Statutes 13o Eliz. cap. 10. et 14o Eliz. c. 11. and common Law of the Land.
L. 1a. An Act for naturalizing of Eliz. and Mary Vere, Daughters of Sir H. Vere, Knight. [b]. -
Upon first Question, not to be committed.
Upon second Question, to be ingrossed.
L. 1a. An Act for Confirmation of Wadham College in Oxon, and the Possessions thereof.
L. 1a. An Act concerning the Taking and Purveyance of Carts and Carriages, by Land and by Water, for his Majesty's Service.
King appoints to be attended.
Sir Ed. Sands reporteth from the Select Committee Yesterday, that the King hath appointed the Committees of both Houses, this Afternoon, at Theobalds.
Negotiations with Spain.
That this select Committee, where the Prince present, to special Purpose : Where the Reasons of this House by him presented to the Prince. - The Care of this House, no Copies to be delivered abroad. - These approved, without Alteration. -
That the Lords had conceived some particular Reasons, which they thought fit should be annexed to ours. - Lord Chamberlain, and he, by Direction, withdrew, and presently did it. - That this Addition giveth a great Strength to our Resolution, shewing Delusion from the Beginning.
These read, and, upon Question, ordered to be copied out, and added : And no Copy of any of these Reasons to be made to any.
- Agreed, at this select Committee, there should be a Message agreed on by both Houses : Which twice read, and generally allowed to be the Preface to the King; and so resolved, upon the Question, without any Addition.
Sir Edw. Sands: - That they were informed, Lord of Southampton had made an Objection,that the King might, upon this Message, object, there might be a Breach with Spayne, and a War; and therefore the King might demand, what Assistance. That hereupon the Lords grew to a Resolution, which set down in Writing : -
That, if his Majesty shall be pleased to make an Objection, " How then shall he do ?" to give him- -
That, in the Pursuit of this Advice, we will assist his Majesty with our Persons and Fortunes, according to our Abilities, as becometh good and obedient Subjects.
Mr. Recorder: - That the Committee, having only Authority to set down our Reasons, have tendered us a Paper. - To send a Message to the Lords, to desire, we may, as yet, go no further, than answer the Proposition made by the King to us for our Advice. - Not to have this Paper now put to the Question.
Members to attend the King.
Serjeant Davys, Attorney-general, bring a Message from the Lords : That they have appointed Twelve Lords to go in Message to the King. - They desire a proportionable Number, to meet in the Painted Chamber Ten of the Clock. - That the Sub-committee will, with all Speed, send them the Papers they have in their Hands.
Answer to the Messengers: We will forthwith send Answer by Messengers of our own.
The Addition aforesaid copied out in the Committee Chamber, and read, and ordered to be affixed to our Reasons.
Mr. Glanvyle reporteth from the Committee of Privileges, who Yesterday, upon Adjournment, met in the House. -
For the Knights of the Shire of Cambridge; 1. That all the Committee of Opinion, that the Election of the Two Knights there void. - The Under-sheriff, Ingray, came to the Place in Season : The Writ read : Four Names called on ; Sir Ed. Peyton, Sir Simeon Steward, Sir Jo. Cutts, Mr. Pallevecyne: The View twice taken, between Nine, and Eleven: The Poll demanded both times, but not proceeded in : This Demand made on both Sides : The Sheriff pretended, he would proceed; but would not. This being the true Touch for Trial, the Election merely holden void : And that a new Writ to issue, for a new Election. This una voce. :2ly, That the Return, made by the Sheriff, of Persons not elected, a Misdemeanor. Proved by Two Witnesses, that, about
Eleven of the Clock, he had made no Election, nor who was, or ought to be, chosen. That this Sheriff, after Twelve, and One, confessed, he had committed an Error ; and would come back, and make an Election. - The Consequence of this great to the Commonwealth : For all Sheriffs may return whom they please. His Age, being but 22, no Reason to spare his sending for. 3. The Consideration of Affidavits, now produced. 63 Affidavits and Certificates in this Case. - That the Committee thought not fit to admit Affidavits for judicial Proof: - 1. Maketh us lame, without the Chancery : 2. Entitleth the Chancery to judge of Returns: 3. For that Affidavits cautelously made by Counsel, or Party: 4ly, Witnesses, produced viva voce, by Words, Actions, Gestures, &c. discover much. The Committee prayed the Direction of the House herein.
Upon Question, the Election of Sir Ed. Peyton, and Sir Simeon Steward, void ; and a Writ for a new Choice, Nemine contradicente; and they discharged.
Upon a second Question, ... to be sent for by the Serjeant.
Mr. Brooke: - The Sheriff did return them, doubting, he had not done well, and thereupon was promised to be saved harmless.
Mr. Dyett: - To admit Affidavits, to prove some Circumstances, but not the Merits of the Cause.
Mr. Whistler; - To declare, that Affidavits were never of Value here.
Sir Ed. Coke: - When he Speaker, and ever sithence, till now of late, Affidavits not used here. - Sworn only of one Side : - Drawn by Counsel. - Moveth, no Affidavit, concerning any Election, orReturn, maybe accepted here.
Mr. Sherfeild: - Though we examine not by Oath (our Power wherein will not question) yet we may punish any, that shall testify untruly. So was it last Parliament, in Damport's Case. -
Message from Lords.
Mr. Treasurer : - That the Lords return Thanks to this House, for their good Correspondence, which they will ever further; and will presently meet, and undertake the Journey. -
Affidavits concerning Elections.
Upon Question, all Affidavits, to betaken in any Court, concerning Elections, Returns, or any thing depending thereupon, to be rejected, and not hereafter to be used;
Mr. Alford moveth, the Bill, concerning Elections and Returns, may be brought in.
Ordered, Sir Francis Popham's Cause shall be heard first at the next Committee of Privileges.
L. 2a. 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. -
Mr. Alford: - To commit this Bill; and, that the Exchequer Officers may be heard by Counsel. - So Mr. Bankroft. -
Committed to Sir Ed. Coke, Mr. Neale, Mr. Weild, Mr. Glanvyle, Sir Wm. Masham, Sir Wm. Fleetwood, Sir Ro. Hitcham, Sir Ed. Wardor, Sir Tho. Escourt, Mr. Alford, Sir H. Poole, Sir Francis Fane, Mr. Corington, Mr. Weare, Mr. Denney, Mr. Dyett, Sir Tho. Morgann: -
Inner Temple Hall, Saturday,Two Clock; and Counsel.