Mercurii, 6o die Maii, 1607

Cavendish.

CAVENDISH. - Counsel, Saturday.

Privilege. - Returning Members on Juries.

Sir Tho. Biggs and Sir Tho. Lowe, being returned upon an Attaint between John Machin, Tenant to the Lord Barcley, and Edward Beard, Tenant to the Lord Lisle, have Privilege to be spared from their Attendance, upon Motion; and Mr. Serjeant sent with his Mace to the Secondary of the King's Bench, to let him know : otherwise a Letter to be written.

Fens.

Fens, - To-morrow: - Counsel.

Sir Wm. Smyth, - Alsoules. - Sir John Townsend Opponent. - Their Counsel to be heard on Friday.

Inmates, &c.

1. Reading: - Nova B. Against Dividing of Tenements, and against Inmates, Undersetters.

Armourers.

Motion, that a Committee, touching the Petition of the Armourers might be appointed. -

Sir John Heigham, Sir H. Poole, Sir Rob. Johnson, Sir Wm. Strowd, Sir Warwick Heale, Sir Roger Owen, Sir Antho. Teringham, Knights of all Shires, Knights and Burgesses of London, Burgesses of York, Sir Peter Manwood, Sir Jerome Horsey, Mr. Hyde, Mr. Fuller, Mr. Brook, Sir Valentyne Knightley, Mr. Nanton, Mr. Upton, Sir John Peyton, Sir Wm. Ayres, Sir James Perrott, Sir Edwyn Sandys : - Tuesday, Temple Hall: To consider what is fit to be done upon the Petition of the Armourers.

Bringing Water to London.

The Bill for Explanation of a Statute, for Bringing of a River to the North Parts of the City of London, reported from the Committee, and to be ingrossed. - By Mr. Fuller.

Letters Patent.

Mr. Pettus bringeth in a new 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 Eliz. intituled, An Act for Confirmation of Grants made to the Queen's Majesty, and the Letters Patents made by her Higlmess to others.

Cardinall's Estate.

2. Reading: - B. - Cardinall - Delabroch.

Counsel being appointed to be heard ; no Man to speak, until they be heard; but then -

The Counsel for the Bill, present, desired to be heard ; the other was absent. Quest. What is to be done.

They came at last, and this Question ended.

Mr. Richison for Cardinall: Mr. Warre for Delabroch. -

Court of Requests a Court of Discretion ; a Decree not reversible by any Course, but by a Bill of Reversal before themselves, therefore not convenient, that Lands should be sold for the Payment of Debts.

Mr. Warre for Delabroch : Compares it to the Case of Lucas.

Mr. Speaker: - Delabroch hath no Remedy against the Executor, Administrator, or Heir, by the Common Law ; no Remedy against the Heir in Tail.

The Counsel retired : Mr. Fuller beginning Dispute, and argueth against the Bill.

Mr. Dyett against it ; Sir Hen. Poole -

Q. For Commitment : - Resolved, No.

Q. For Rejectment: - Rejected, upon the Question.

Union with Scotland.

2. Reading: An Act for 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.

Mr. Lewknor: - Rara est felicitas, ubi sentire quae vis. -

Atheist, - Non est Deus: Left out, Dixit insipiens. -

Privilege. - The King's noticing Speeches.

Petitions to the King [a] :

That he would forbear to hearken, until the House declare their own Meaning.

To give the Gentlemen, taxed, Leave to explain themselves before the King.

To pray his Majesty, by some gracious Message, to give us Liberty to speak, that we may not be charmed not to speak. -

Three Petitions :

1. That his Majesty 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 and reprehended by his Majesty, for their Speeches in this House, to clear themselves in his Majesty's Hearing and Presence ; as likewise all such as shall hereafter be thought to offend.

3. To make some Means to his Majesty, that he will be pleased, by some gracious Message, make known to this 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.

Mr. Bond: - Less Care of a Commonwealth, what it shall be a thousand Years hence, than what it shall be at the present. -

To have the Bill committed.

Mr. Duncombe: - When any Information is given, that his Majesty will be pleased to send for Mr. Speaker, to understand the Truth. -

To hear Mr. Speaker, touching any Man that shall take Liberty to speak beyond Bounds; that he may be punished. -

To hear the Gentlemen, blamed, explain themselves.

Sir Rob. Wingfield: - Thinketh, that, if any Man tell the Truth, any Man may tell what is said in the House. -

That some Privy Counsellor may inform his Majesty in the Truth. -

That every Man, blamed, may go to the King.

Mr. Serjeant Barker moveth, that nothing may be done, but by Bills, as the ancient Order of Parliament: And Mr. Serjeant, - that the Answer may be first made to the Bill, according to the old Order: Produceth a Note of Parliament in Latin [b].

Sir Roger Owen : - Speak, as Saints in Heaven : Their Freedom taketh not away their Reverence ; their Reverence taketh not away their Freedom. Allowances to Reporters, in former Times, for Laws, Causes. -

His Majesty's Speech. -

1. Whether his Majesty may take away our Privilege; and whether he meant it.

2. Whether his Majesty may take Notice of our Speeches, and how.

3. What we now ought to do upon it.

1. Not his Majesty's Meaning. It were to take away the Tongue of the Commonwealth.

2. His Majesty, as a Body politick, take Notice in Parchment: Otherwise he may take Notice, if he will, out of Love, Care, The Note-takers ill.

3. That a Committee might be named for the Bill, and the Gentlemen clear themselves to the King. -

Privilegia : Privatio juris : Dispensations, - Privilegia primae leges.

Sir Henry Poole: - That the Clearing may pass by Voices of the House.

Sir Edwyn Sandys: - Liketh not the Clearing in the House: Liketh not, that the Judgment is passed already.

The Common Law, - " The King doth no Man wrong:" But he ascribeth to his Disposition and Clemency that he meant not to wrong. -

Archbishop Islip - againt Purveyors to King Edward.

He had set down his Meaning, and delivered it to the King.

Sir Henry Poole; -