Veneris, 16 Martii, 1609
L. 2. - VENTING Commodities: - Privy Council, King's Counsel, Mr. Fuller, Sir Walter Cope, Sir Geo. Moore, Mr. Ingram, Mr. Moore, Sir H. Nevill, Sir Tho. Lowe, Sir Tho. Howard, Sir Maurice Berkley, Sir Tho. Smyth, Sir Edwyn Sandys, Mr. Middleton, Mr. Hare, Mr. Askwith, Mr. James, Sir Roger Wilbram, Sir Jo. Hungerford, Mr. Field, Mr. Chapman, Sir Tho. Vavasor, Mr. Percyvall, the first Burgess of every Port, Sir Gam. Capell, Sir Geo. Carye, Sir Charl. Cornwallys, Mr. Porye, Sir Jo. Egerton, Sir Jo. Swynnerton, Sir Ed. Grevill, Mr. Fanshawe, Sir Hen. Poole, Sir Roger Aston, Mr. Bacchus, Sir Wm. Burlacy: - Thursday, Chequer Chamber.
Counsel - Leistoft - on both Parts.
Committee for Clothing: - All this Afternoon. -
Mr. Martin - Report - Sir James Scudamore's Man. -
The Party his Privilege. -
Not to impeach the Sheriff, not knowing that he was Servant.
Mr. Berry. -
Thought fit to favour the Common Justice of the Kingdom; and that the Constable had better Witness, and was not to be condemned.
The Party to be delivered : - The Sheriff discharged. Much Dispute touching the Constable; whether to pay fees. -
Sir Fr. Goodwyn: - That Mr. Berrye's Son may pay the Fees. -
The Compurgation not from the Father, nor the Son; but from a Stranger, that lived by hawking and hunting.
Sir Edwin Sandys: - That the Party shall pay it.
Sir Wm. Paddye: - Mr. Berrye's Son to pay the Fees. - That, upon Convention. -
Mr. Hoskins: - No Privilege in Matter of Peace. - Walking late. - No Privilege. -
The Sheriff's Case: - The Creditor to pay the Fees.
Q. Whether the Constable pay Fees. - Resolved, not.
Q. Whether Person accused to pay: - Resolved.
Sheriff: - No Charge upon him.
Mr. Speaker: - Fit to lay it upon the Debtor.
Mr. Fuller: - This in Nature of an audita querela.
Sir Herbert Crofts: - That the Officer being negligent, - the Officer to send for the Creditor.
Sir Jo. Egerton: - The Messenger to be called, and convented; and punished.
Mr. Francis Moore, Mr. Crewe: - Fees to be suspended, until the Creditor be found.
The Party arrested to be delivered.
The Sheriff to be discharged.
The Messenger to be sent for, and examined. - Referred to the Committee for Privileges: - Tomorrow Morning, the Court of Wards.