Lunae, 19 Martii
L. 1a. SNAYDEN.
Mr. Snelling moveth, the Patentees for Light-houses may receive no Fees from the Merchants, till the Cause be heard and determined. - Ordered.
And the Patentees to be heard, upon their Patent, Tomorrow, at Eight of the Clock, in this House. - Ordered,
Fry of Fish.
L. 1a. An Act for Preservation of the Fry of Fish.
L. 1a. - Customers Fees.
L. 2a. An Act for the Ease of the King's Tenants, in the long and chargeable Pleading of Alienations with Licence, or of Pardons of Alienation without Licence, in the Court of Exchequer: - Committed to Mr. Secretary, Sir H. Poole, Sir James Perrott, Sir Hamond Strange, Sir Wm. Strowde, Sir Edw. Mountagew, Mr. Shervyle, Sir Ro. Payne, Sir Ro. Bevyll, Sir Lewys Watson, Sir Edw. Gyles, Mr. Taylor, Sir Edw. Sands, Sir Francis Barrington, Mr. Weston, Sir Tho. Hinton, Sir Myles Sands, Sir Wm. Pitts, Mr. Glanvyle: - Wednesday Afternoon, Exchequer Chamber.
L. 2a. - Lumley. -
Mr. Nevyll, - for the committing. -
Committed to Mr. Nevyll, Sir Edw. Sackvyle, Knights and Burgesses of Sussex, Yorkeshyre, and Northumberland, Citizens of the City of Yorke, Mr. Wrenham, Mr. Noye, Sir Edw. Payton, Mr. Serjeant Towse, Sir Tho. Denton, Sir Guy Palmes; - Thursday next. Exchequer Chamber.
Courts of Equity.
L. 2a. An Act to prevent some Misproceeding, and Furtherance of Justice, in Courts of Equity.
Sir Edw. Gyles: - That another Bill of like Nature, which committed. - That this may be committed to the former Committee for Limitation of Suits in Courts of Equity; and Sir Tho. Row, Sir Wm. Pitts, &c. to be added. - Upon Friday next, in the Exchequer Chamber.
Message from the King.
Mr. Treasurer, from his Majesty: - His great Contentment, received by this House in all Occasions, stirreth him up to be as careful to express his Thanks upon like Occasions: - Particularly giveth Thanks for the Course holden in the Manner of the Rejecting and Tearing of Waltham Forest Bill; which will lay up among the Residue of the Kindnesses he hath received from this House.
Patent for concealed Tythes.
Sir Edw. Coke reporteth, from the Committee for Grievances, the Patent for concealed Tythes. - That the Commission against the King's Book: - General throughout England and Wales: - For Ten Years: - To them, their Executors or Administrators: So Women, Fools, &c. may be Commissioners after their Death. - All such general Commissions void. Such universal Commissions, in Ed. III. time, void. - These make Warrants to the Churchwardens, and other Parishioners: Examine them upon Interrogatories, whether they have any Abbey Land, discharged of Tythes. If yea; then ticket them, to appear at the Hanging Sword. -
That some Abbey Lands discharged by the Statute; others by real Compositions,&c. - Get an Inquisition after then. - Their Deputies meaner than Sparrow and Sparrow.
- Divers worthy Gentlemen ticketed. - An honourable Personage ticketed by Sparrow and Sparrow: - Yet Two Sparrows sold for a Farthing. - That this against Law; where no Evidence for the King. - That knoweth not, what Service Sir Jo. Wentworth hath done, to be rewarded with this Commission.- - That, when they come to the Hanging Sword, and sheweth sufficient Matter, yet must pay 17s. for Entry of their Discharge. -
The Lord Chancellor of England, and Exchequer the Referees. - That the Chancellor of the Exchequer asked his Opinion, and oppugned it, at long as he could. - That the Committee resolved it to be a Grievance.
Upon Question, Resolved, This Commission, both in the Original and Execution, to be a Grievance.
Mr. Chancellor of the Exchequer cleareth himself.
Presenting Subsidy Bill.
Mr. Alford. - That the Course of presenting the Subsidy to the Lords, may be now thought of - Was accustomed to be by the Speaker, at the End; now cannot be -
That One of the Council may deliver it, accompanied with all the rest of the Council, and as many Members of the House, as will. - To be delivered with a Speech, shewing our Readiness, &c.
King's Thanks for Subsidy.
Mr. Secretary returneth Thanks from the King, for their Chearfulness in the last Passing of the Subsidy; giving them their Hearts and all.
L. 3a. An Act against certain troublesome Persons, commonly called Relators, Promoters, and Informers: - Passed.
Sir H. Poole reporteth the Bill of Naturalization of Sir Stephen Lezure, as approved by the Committee.
L. 2a. - Burlimachi: - Committed to Sir Edw. Cecill, Mr. Whitson, Sir Baptist Hicks, Mr. Solicitor, Mr. Cooke, Sir Tho. Low, Mr. Brett, Mr. Wentworth, Sir A. Ingram, Sir J. Perrott, Sir Rich. Yong, Mr. Morgan, Sir Ro. Crane, Mr. Towerson, Mr. Bateman, Sir Jo. Brooke: - To-morrow Morning, Court of Wards.
Bill of Arms, - Thursday next, here.
Limitation of Actions.
L. 3a. An Act for Limitation and avoiding Suits in Law.
Sir H. Poole, - against the Bill: - For to take away from the Subjects their Right, and true Inheritance. - For Formedons, 20 Years not sufficient: The Possession sometimes many hundred Years before, and may be overslipped. That Deeds of Entail may be concealed for a longer time. - This Bill taketh away, not only the Action, but the Right. That this Bill looketh backward to the Entries. That, if the King hath a Man's Land, he cannot enter upon him : Shall he therefore lose his Right?
- Lord Dacres' Case. -
To the Six Years for Action of Debt: - A Man may, peradventure, not be seen in Six Years; and by this Means the Party may lose his Debt.
Mr. Noye: - That this Bill very prejudicial to Lawyers:
- Would not, as a Lawyer, assent to it. -
For limiting Formedones. - Merton, to temp. R. I. - The Formedones in discender, &c. upon West. 2. have brought more Trouble and Charge to the Subject than any other. -
That the Bill extendeth only to those which have now Title: - They are to take it, within 20 Years now next after this Session. -
For the Objection of the Crown having his Land: - Hath 20 Years after his coming out of the Crown. -
For the Want of Notice : - Every one, of Age, not in Prison, &c. bound to take Notice.
Mr. Solicitor - Much Danger for the Entry, especially in the King's Case, where Lands are in his Hands.
Sir Edw. Coke: - The Bill cannot be re-committed now, but may be amended here at the Table. - No better Bill, than this, - Great Reason to bind Formedones. - No Act of Parliament, which lameth the Common Law, but of infinite Inconvenience. -
When all Lands Fee-simple, all liable to Payment of Debts, &c. Upon the Entail, contra. At the Common Law, upon a Fine levied, the Right bound upon Non-claim after a Year. -
For Debts; if they do but bring their Action, sufficient.
- Expedit reipublicae, ut sit finis litium. -
If a Man have been in Possession 500 Years; yet, if no Descent, the Party that hath Right may enter. -
Thanketh God, he was a Christian Man, Englishman, and a Norfolke Man. - Thinketh, that County may give the King a Subsidy yearly, for this Bill. - 1,700 Score
Nisi prius, at One Assizes there; and not the 5th Part worth 20s.
Sir Jo. Perrott: - Thinketh, this Bill will prove very prejudicial to divers of the most ancient Families of this Kingdom. Voucheth a Particular or Two.
This Bill, upon Question, to be put over till To-morrow.
Message from the King - Easter Recess.
Mr. Secretary, from the King : - That the Parliament hath now sat long : easter at hand. - Leaveth the Time of Cessation to this House. Would have Tuesday, the 10th of April to be the Time of Meeting again, if this House will: Which leaveth to them.
Lord Chancellor Bacon.
That the King taking Notice of the Accusations against the Lord Chancellor ; That the King very sorry, a Person so much advanced by him, and sitting in so high a Place, should be suspected. That he cannot answer for all others under him : His Care, in his Choice of Judges, hath been great. - That his Majesty, if the Accusation shall be proved, will punish it to the full.
That his Majesty will, if shall be thought fit here, grant out a Commission, under the Great Seal of England, to examine all upon Oath, all that can speak in this Business.
- The Commissioners, Six of the Upper House, to be chosen by them; and 12 here, to be chosen [ here.]
That his Majesty, as sorry he should be so (questioned, he hopeth, he will be cleared; if not, assureth this House, he will punish it.
Thanks to the King.
Sir J. Perrott: - That this Message most cordial to us.
- To return particular Thanks to his Majesty, for this gracious Message, by some near the Chair. - -Resolved, By Mr. Secretary.
- Approveth the Course advised for the Commissioners.
Mr. Alford approveth the Course for the Commission to some of both Houses.
Sir Edw. Coke: - That this gracious Message taketh not away our parliamentary Proceeding. - To go on with our Message; then to deliberate upon this. To return no Answer to the King, till the like Message to the Lords.
Sir Edw. Sackvyle: - To have no Divorce between the Lords and us. - That Mr. Secretary let the King know, we desire the same Message be sent by him to the Lords; and to have their Consent; before we give any Answer to the Point of the Commission.
Sir Edw. Coke: - To return the King humble Thanks, for his Liberty to depart, and meet: And a Message to the King, by Mr. Secretary, that we desire the like Message from him to the Lords; that so, they consenting, we may unanimously with the Lords, as heretofore we have done.
Sir Tho. Wentworth: - To stay the Message to the Lords, till an Answer from the King, by Mr. Secretary.
Sir Edw. Coke, contra.
L. 2a. An Act for the Naturalization of Sir W. Stewart, &c. - Committed to Sir Tho. Hatton, Sir Jo. Brooke, Sir Gilbert Haughton, Sir Tho. Jermyn, Mr. Chancellor Duchy, Mr. Gifford, Sir Tho. Cheeke, Sir Jerome Horsey, Sir Ro. Killigrew, Mr. Tho. Fanshaw, Sir H. Mildmay, Sir Tho. Low, Mr. Murray, Sir Edw. Gyles, Mr. Drake:
- To-morrow Morning, Committee Chamber.
Mr. Cage, - against a Patent of the Ship-carpenters; who impose exceedingly upon Builders of Ships, - Strange Impositions. - That their Patent, Book of Ordinances, &c. may be brought in to the Committee for Grievances on Friday. - And Ordered.
The Bill against Concealments, to be upon Wednesday next, in the Exchequer Court. All, that will come, to have Voice.
Sir Edw. Sands, - The Bill against Monopolies to be reported To-morrow. - Resolved.
Trials by Battle.
Sir Wm. Strowde, - The Bill against Battle, - To-morrow Morning, in the Committee Chamber. - Resolved.
The Bill for Fines in other Names, - To-morrow in the Afternoon, in the Star-chamber.
Mr. Hackwyll: - That they have met for the Bill for Elections. - The general Committee to meet To-morrow, in the Exchequer Chamber.
King's Answer to Message.
Mr. Secretary, from the King: - That he acquainted the King with the Thanks of the House, for his gracious Licence to the House to adjourn this Session for some small Time; and that the House desireth, he will be pleased to send a Message to the Lords, about the Commission, and receive their Answer; that so they, and this House, may proceed with an unanimous Assent, as hitherto they have done.
Sir Ro. Phillippes: - That he acquainted the Lords, that where this House had made Inquisitions into the Courts of Justice within this Kingdom, they had met with some Complaints against some Lords of that House ; and that therefore they desired a Conference with the Lords, where they would acquaint them with the Particulars.
Answer: That the Lords would afford a Conference, with the whole House, in the Painter Chamber, this Afternoon.
Lord Chancellor Bacon.
Sir Geor. Hastinges required to deliver the Truth, upon his Credit. - That, about Three Weeks, he was sent for, by One of my Lord's Men, from Hackney: That my Lord, in his Bed, putting away his Servants out of the Chamber, told him, he hoped, he loved him so well, he hoped, nothing, passing by him, should reflect upon my Lord; and required him to take off Awbrey. - And took Awbrey his Petition, carrying it to my Lord, desired him to do the Party that Right, as might keep this off from his Lordship, and him : Which his Lordship promised, wishing his Counsel to come : Which was done ; but could not be heard : And therefore this pursued.
Mr. Noye: - That my Lord Chancellor returned an Answer to Egerton, of Thankfulness; which could not do, if he had received it of them, as from themselves.
Mr. Finch: - That, sithence these are to be sworn, not to have that set down in Writing; and that, if it be set down in Writing, it may be done apart
Sir D. Digges and Dr. Gouch to do this apart.
Sir Ro. Phillippes craveth Pardon, if, through Shortness of Time, and his own Wants, shall fail: And that he may add, in the End, that, if any thing else, of this Kind, appear, they may appear.