House of Commons Journal Volume 1: 15 June 1604

Veneris, 15o Junii, 1604

Hay's Nat.

L. 2. et 3. AN Act for the Naturalizing Sir James Hay Knight: - The second and third Reading; and, upon the Question passed [c].

Vincent's,&c. Nat.

L. 2. et B. An Act for the Naturalizing of Katherine Vincent, Elizabeth Vincent, &c. - Second and third Reading; and, upon Question, passed [d].

Chanterell's, &c. Nat.

L. 3. An Act for the Naturalizing of Victor Chanterell, Peter Martin, &c. - Upon the third Reading, and the Question, passed.

Gordon's,&c. Nat. L. 3.

An Act for the Naturalizing of John Gordon, Dean of Sarum, &c. - Thirdly, read, and, upon the Question, passed.

Throckmorton's Estate.

L. 3. An Act for the Enabling of Thomas Throckmorton Esquire, to make Sale of certain Lands, &c. - Thirdly read, and, upon Question, passed.

Jernegan's Estate.

L. 3. An Act for Henry Jernegan the younger, for the Sale of the Manor of Dages, &c. - Thirdly read, and, upon Question, passed.

Le Grys' Decree.

L. 3. An Act for Performance of a Decree in Chancery between Wm. Le Grys Plaintiff, and Rob. Cottrell Defendant,&c. - thirdly read, and, upon Motion, re-committed; and Counsel to be heard on both Parts, at the Committee, on Monday next, in the Exchequer Chamber.

Ordnance.

The Proviso and Amendments in the Act against Ordnance. Transportation of Iron Ordnance (which came down from the Lords) read twice, and, upon the Question of Commitment, rejected, with the Bill itself.

Littleton's Restitution.

Counsel [e] at the Bar heard in Defence of the Proviso offered by Sir Tho. Cornwall to the Bill of Restitution of the Children of John Littleton Esquire, &c. And, upon Mr. Speaker's Motion, a general Saving of all Mens Rights, wherein Sir Tho. was included, allowed by the House.

Paintings.

L. 2. B. For Redress of certain Abuses and Deceits in Painting: - Committed to Sir Lewys Lewknor, Mr. Spycer, Sir Edw. Hobby, Mr. Edw. Jones, Mr. Martin, Mr. Gore, Sir John Scott, Sir John Hollis, Sir Henry Mountague, Mr. Tate, Mr. James, Sir Roland Litton, Mr. Parkinson, Sir Vincent Skynner, Mr. Toby Matthewe, Sir John Thynne, Sir John Trevor, Mr. Thomas Trevor, Sir Tho. Holcroft, Sir Robert Cotton, Sir Walter Cope, Mr. Antrobus, Sir Edw. Grevill, Mr. Fuller, Sir Henry Billingsley, Mr. Wyseman, Sir John Smyth :- - To meet on Monday next, in the Middle Temple Hall.

Statutes.

B. For the Continuance of divers Statutes, and for the Repealing of some others, formerly reported by Mr. Moore, with divers Provisoes and Alterations, now read articulatim ; and several Questions made upon Quest, of Words, Acts, and Provisoes, reported.

1. Quest. Whether the Word " reviving" shall be added in the Title ?

Questioned, upon Consideration of an Act 14o Eliz. touching the Levying, Taxing, and Rating of Gaol-money, &c. disputed; and resolved upon Question, to be revived.

Moved, in the Statute 18 Eliz. for amending Highways near Oxford, that it might be for both Universities; but, because the old Law was only Oxford, resolved, so to stand.

In the Act 35o Eliz. (intituled, An Act to retain the Queen's Majesty's Subjects in their due Obedience) a Clause added by the Committee, that the Husband shall not pay for the Wife's Recusancy, much argued by Mr. Fuller, Sir John Hobart, Mr. Wentworth, Mr. D. James, Sir Lewys Lewknor, Mr. Crewe, Sir Tho. Hobby, Mr. Lewknor, Sir John Savill, Sir Wm. Morrice, Sir Edw. Lewknor.

Pro - One may be punished for another's Fault, where they participate.

Contra, - Anima, quae peccaverit, morietur ipsa.-

As great Reason that the Husband shall stand in a white Sheet, because the Wife hath made him Cuckold, as to pay 20l. a Month, &c.

Motion, that in such Case, Women may forfeit their Dowry.

The Manner of the Question disputed.

Whether the Clause shall stand ? -

The Clause shall not stand.

Putting the Question.

And agreed for Rule, That, upon the Adding of any new Thing, the Question is to be put in the Affirmative; scilicet. Whether it shall. &c.

Upon the Continuing of an old, in the Negative; Whether it shall not, &c.

Husbandry, &c.

39o Eliz. An Act against the Decaying of Towns, and Houses of Husbandry, &c. - Questioned, whether to be continued; opposed but, upon Question, passed.

House to sit.

The House to sit in the Afternoon for resolving the Questions upon this Bill.

Accountants.

43o Eliz. AN Act for Explanation of a former Act, 13o Eliz. to make the Lands and Goods of Accountants liable to the Payment of their Debts. - Whether to be repealed, argued by Mr. Dyett, Sir Herbert Crofts, Sir Edw. Hobby, Mr. Martin, Sir Wm. Bowyer, Sir Tho. Hobby, Mr. Overbury, Sir Francis Bacon, Mr. Yelverton.

Termed an Iron Law, a Cobweb Law, a compounded

Law. -

Crimen peculatus odious : Financiers in France hanged.

Repeal a Proverb: No fishing to the Sea, no Service to the King. - Better a Fisherman, than an Accountant to the King.

Moved, that all Receivers and Accountants of the House, should go forth; which was contested, and stayed. Question made, Whether this Law shall continue until the End of the next Session of Parliament?

Much Difference and Dispute, whether upon this Question, the Yea, or Noe, shall sit.

Affirmed, and conceived as a Rule, that when any Alteration is required of a Law in being (as in this Case) and thereupon a Question put, the Yea must sit still, and the Noe go forth.

Upon the Question, the House divided :

With the Yea, 168.

With the Noe, 172.

The Lord Buckhurst and Sir Edw. Hobby, being appointed to number, differed in their Report; and thereupon the House divided again. This did not satisfy, being averred to be contrary to Precedent; and bred much Debate, what was to be done.

At length the House was contented to let the Question rest at it was; and thought fit to order, that the Committees should draw a new Bill, for Reviving of the Law of 13 Eliz.