House of Commons Journal Volume 1: 14 February 1606

Veneris, 14 Die Februarii, 1605

Spinsters,&c.

1. Reading: - THE Bill for the Explanation of a Statute, &c. concerning Spinsters and Weavers.

Fishing, &c.

1. Reading: - B. For the better Maintenance of Fishing and Navigation in the Counties of Devon and Cornwall.

Privilege - Arrest of a Member.

Mr. Mallorie brought to the Bar, for arresting Mr. Brook.

Protested, he did not know Mr. Brook was of the House; nor his Man.

Mr. Brook affirmed he writ unto him.

Commanded to withdraw the Action.

Because he knew not, he is pardoned, and discharged.

Bullingham.

Mr. Bullingham for Lincoln.

Privilege - Subpoena to a Member.

Warren, for serving a Subpoena on Mr. Stepney, brought to the Bar.

He served the Process 16 Januarii, in the Country. -

He was Sheriff; and Warren thought he should not attend here ; for so Mr. Stepney said. -

Warren afterwards hath exhibited an Information, and pressed him to answer Interrogatories this Session of Parliament. -

Upon the Suit for which Process, no Prosecution. - A former Bill, and that answered, and not this Information.- -

To commit it to the Committee for Privileges, to examine it.

Fees in Courts.

2. Reading: - The Bill, what Fees shall be paid in every Court of Record, &c.

The Counsel brought to the Bar, in this Cause, by the Six Clerks.

Mr. Crewe of Lincolnes Inn: - Fees arbitrary, oftentimes reduced to Certainty by this House. -

Divers Fees appointed by Statute. -

Upon any new Erection, new Fees. -

Concerns the King in his Prerogative : - The chief Officers derived from the King. -

Divers great Officers : -

Officers, as well as Freeholders, may have their Writ of Assise, if they be disturbed. -

In the Chancery Two Officers : -

Lord Chancellor, Master of Rowles. -

Six Clerks essential Parts of the Master of * * -

11 R. II. Sex, et non plures, enacted. -

Officers to them and their Successors. - Eight-pence a Sheet, a Right, as well as Fees to Offices of Inheritance. -

They have used to take Eight-pence, Time out of Mind. -

Examiners, Twelve-pence: - Themselves write: - Set down all Examinations: - Many not published : - They lose their Labour. -

39 Eliz. a Commission to survey every Court; the Abuses and Exactions. -

A Jury impanneled : - Seventeen: - Had their Charge, - 40 Eliz. their Verdict : - Star-chamber. - Twelve-pence ever usual. -

A Patent, Twelve-pence for the Filing of every Bill. - If any Man lost his Copy, Eight-pence a Sheet. -

Against the Law. - That Patent dashed, and swept out of the House; the House made clean, and all rectified by the Judges. - Prescription, a strong Defence. -

Fees taken in H. VII. Time, H. VIII. Time, by Custom, their Right.

The Copyholder would be glad to have a Bill, that no more might be paid, than was in H. VIII. Time. - The Farmer. - The Tenant.

The Counsel withdrawn.

Sir John Parker: - Malus usus abolendus. -

40,000 l. in the Chancery for Writing and Copying. -

Six Clerks, Six Offices; in every Office Twenty Clerks; every Clerk One hundred Sheets a Day: One hundred 8 d. One hundred Days in the Year: - One Hundred Seventeen Days in four Terms: - Allow the Seventeen, and the Vacations; and yet 40,000l.

Mr. Bond: - Nihil est tam incredibile, quod non dicendo fiat probabile. -

Antiquity into Iniquity. - Custom the Mother of Errors, many times. -

Number of Lines and Syllables. -

If Custom prevail for Eight pence a Sheet, yet some Law for the Lines.

Mr. Moore: - No Bill in the Star-chamber above Fifteen Sheets. -

If any put it in, he shall pay for it himself. -

No Policy to discredit Custom and Prescription in Parliament.

Mr. Fuller: - Conveniency and Right. - Inferior Ministers not to have greater Fees, than Judges. -

If any Man abuse Custom, he forfeits his Office. -

Sixteen Lines in a Sheet, Eighteen Syllables in a Line.

Sir Rob. Wingfield: - Malus usus, &c.

Curtail Lines, Paper, Syllables, &c. - Take away the Abuse, &c.

Mr. Solicitor : - Parliament a Council of Wisdom, a Court of Justice. -

Officium et feodum sunt concomitantia. -

Fees grow greater: - Extorquendo.- - Custom * * *

Consuetudo et antiquus usus non est vilis Authoritas. -

Ancient, not grievous: - Answerable to his Pains. -

Court of Wards drawn out of Chancery.

Sir Tho. Holcroft: - Bill of Fees.

Mr. Alford, for Orders in the Chancery.

Mr. Secretary Herbert, Mr. Solicitor, the Master of the Requests, Mr. Fuller, Sir Geo. Moore, Sir Fr. Vane, Sir Rob. Maunsell, Mr. Bond, Sir Henry Nevill, Mr. Bowyer, Sir Roger Aston, Sir Herbert Crofts, Sir John Parker, Sir Rich. Lovelace, Sir Henry Poole, Sir John Savill, Sir Tho. Ridgeway, Sir Tho. Beamount, Mr. Yelverton, Mr. Hyde, Sir Rob. Johnson, Mr. Staughton, Mr. Brock, Sir Edw. Grevill, Sir Gamaliel Capell, Sir Nich. Saunders, Sir Tho. Beamount, Mr. D. James, Sir Vincent Skynner, Sir John Bennett, Sir Rob. Wingfield, Mr. Alford, Sir Wm. Strowd, Sir Geo. Manors, Sir John Trevor, Sir Fr. Barrington, Mr. Duncombe, Sir John Hollice, Mr. Fra. Moore, Sir Barnard Whytston: - Thursday next in the Exchequer Chamber.

Ognell.

Ognell: - To-morrow Morning.