House of Commons Journal Volume 1: 16 May 1626

Martis, 16 Maii

Privilege - Imprisonment of a Member.

Mr. Tho. Jermyn, making his Protestation concerning Sir D. Digges his Words, protesteth his not consenting, his not hearing, his not affirming, those Words, or Words of any such Effect; but, for the believing, saith, he heard them spoken in such Presence, as he cannot but believe he spake them.

Time given him till Tomorrow Morning, to make his full Answer in the House.

Sir D. Digges maketh his Protestation fully; and that, as these were far from his Words, so they never came into his Thoughts: Giveth great Thanks to the House, for their respect of him; and that he hath received a most gracious Testimony from his Majesty, of his Satisfaction : Desireth, his Occasion may not longer hinder the Service of the House.

Mr. Lawley peremptorily to be here To-morrow Morning, to make his Protestation.

The Protestations of Sir Edw. Sands, Sir Jo. Rowse, Mr. Whitby, Sir Clement Throckmorton, Sir Jo. Skeffington, and Mr. Tho. Gurlyn, under their Hands, and subscribed by the Committees, appointed to take them, brought into the House and read.

Privilege.

Mr. Clarcke moveth, that John Colley, Servant to Mr. Smalman, was Yesterday arrested, and taken in Execution, and there detained.

John Colley to have Privilege. A Warrant for a Habeas Corpus, to bring him hither.

Privilege - Imprisonment of Members.

Mr. Chancellor of the Exchequer: - That the King very careful not to enter upon our Privileges; whereof both given good Testimony by his Proceedings with Sir D. Digges. That the King informed by the Sight of many Notes, there taken, that Words, to the Effect of the Words charged, were spoken by Sir D. Digges; but having heard -

That Sir Jo. Ellyott's Business of another Nature, although his Majesty, by the Information given him, disliketh the whole Manner of his Delivery of that, which he had Commandment from this House to speak. That the King chargeth Sir Jo. Ellyott with things extrajudicial to this House; and therefore wisheth, we should proceed on chearfully with the Business of the House, resting upon his Majesty, that he will by no Means violate any of our Privileges.

It being desired, that the Word, "extrajudicial," might be explained; Mr. Chancellor saith, it was his Majesty's Word, and therefore cannot do it, without his Majesty's Leave; but will move the King for his Leave, and then willingly satisfy the House.

Upon Question, to take this Message into Consideration To-morrow Morning.

Upon Question, Mr. Herbert not exceeded his Commission, given to him by this House, in any thing, which passed from him in the Conference with the Lords.

The like for Mr. Selden, Mr. Glanvyle, Mr. Sherland, Mr. Pymme, Mr. Wandesford.