Saturni, 13o Junii, 1607

Essex's Estate.

L. 2a. B. FOR the Sale of certain of the Lands of William Essex Esquire, for Payment of his Debts ; - Secondly read, and committed to Sir Henry Nevill, Sir John Savill, Mr. Bacchus, Sir Tho. Freak, Sir Edw. Grevill, Sir Francis Goodwyn, Sir Robert Oxenbridge, Sir Henry Poole, Mr. Hyde, Sir John Harper, Mr. Bowyer, Sir John Jefreyes, Mr. Hoskins, Sir Valentyne Knightley, Sir William Smyth, Sir Geo. Moore, Sir Antho. Cope, Mr. Wymark, Sir Hugh Beeston, Mr. Francis Moore, Sir Gamaliel Capell, Mr. Wentworth, Sir John Boys, Sir Roger Owen, Mr. Brock, Sir Thomas Horsman, Sir Jerome Horsey: - To meet this Afternoon, in the Middle Temple Hall.

Moved, that sundry Gentlemen had Interest in these Lands, and haply would desire to be heard by their Counsel.

The House therefore thought fit to give Liberty for

any Man interessed, to attend the Committee with his Counsel, and that there he should be heard.

Going to foreign Countries, &c.

The Proviso to the Bill touching the Restraint of going into foreign Countries, &c. formerly agreed on, and brought in from the Committee, was now twice read; and the Bill, with the Proviso, upon Question, ordered to be ingrossed.

Committees.

Committees adjourned.

Privilege of a Member in a Suit.

A Petition delivered into the House by Sir Robert Brett, touching Matter of Privilege for Stay of a Trial in a Case depending in the Court of Exchequer, between him, and Sir Robert Johnson Knight, Oneof the Members of the House, formerly moved by the said Sir Robert, was now read in the House: Directed,

To the honourable House of Parliament:

The humble Petition of Sir Robert Brett, Knight:

SHEWING, That whereas it hath pleased you, by the Letter of your Speaker, to signify to the Barons of the Exchequer, your Pleasure, for the Stay of Proceeding in a Suit there, between Sir Robert Johnson Knight, a Member of your House, Plaintiff, and this Petitioner, Defendant, until Sir Robert Johnson might have Liberty to attend his own Cause; may it please you to be informed, that this Petitioner having a Title accrued unto him, about the Beginning of Hilary Term last, to certain Lands, which the said Sir Robert Johnson then held by Lease, which at that Time expired, and, according to his Title, did endeavour to make his lawful Entry; the same Term, and during this Session of Parliament, Sir Robert Johnson exhibited his Bill into the Exchequer Chamber against this Petitioner; whereupon he stayed to make his Entry until a Hearing, which was then much hastened by Sir Robert; for, in the same Term, this Petitioner was prest to answer, and Sir Robert replied; who hath ever sithence taken the Profits, without any Right (as this Petitioner conceiveth) amounting to 3001. or more.

But having examined Witnesses, and had Publication, and finding himself to have no Title, and being in Possession, doth now desire to put off the Hearing, the last Term appointed to be upon Monday next, in the Afternoon, before the Barons of the Exchequer, at Serjeants Inn in Fleet-street; which is to the Intent to take the next half Year's Profit, amounting to 300l. at least; which will tend to this Petitioner's great Prejudice.

Forasmuch as, upon Licence prayed of this House, Proceeding, in such Case of Extremity, hath been admitted (as this Petitioner is informed) and for that he hopeth the Absence of One Man will be no great Hindrance to the Business of this House, and the rather, for that the Cause is to be heard in the Afternoon; he therefore prayeth, that there may be no further Stay of Proceeding, and that Sir Robert may have the Licence of this House, upon the said Day of Hearing to attend that Business.

This Petition being read, and understood; the former Order of the House, in Point of Privilege for Stay of the Trial, was notwithstanding affirmed.

Union with Scotland.

The Doubts propounded at the late Conference, by the Lords, and reported by Sir Francis Bacon, were now disputed; and sundry Opinions delivered, touching further Proceeding by the House, by Mr. Francis Moore, Mr. Duncombe, Mr. Wentworth, Mr. Yelverton, Sir John Hollice, Sir William Strowd, Mr. Hyde, Sir Francis Barrington. -

Not to dispute the Points of Treason, but only that of Witnesses. -

To expect the Bill, with Amendments, to be sent down from the Lords, and to deal upon that. -

To consider without the Bill, lest we overthrow all. -

To prepare Reasons, and to offer them in a second Conference, and not to decide it. -

To shew our Opinions in the Conference, that we incline to Alteration in the Points touching Matter of Treason; in the Clause of Witnesses, not at all.

Not to say affirmatively one way or other, in the Point of Witnesses; but to think of our Proposition. -

That sithence the Bill remaineth now with the Lords, to send to their Lordships, and leave it unto them, to do what they please.

Upon these Motions, the Form of an Answer to be given in a second Conference, was thought on; yet not fully agreed but referred to the Sub-committee to pen it, and to present it to the House on Monday Morning.