House of Commons Journal Volume 1: 25 February 1606

Martis, 25 Februarii

Le Grys' Decree.

THE Bill for the Performance of a Decree in Chancery, made between Wm. Le Grys and Cottrell, returned in from the Committee by Sir John Heigham; with Relation of a Desire of some interested

to be heard by Counsel in the House: Which was assented unto ; upon Thursday next.

Pluralities.

1. Reading: - B. Against Non-residence, and Pluralities of Benefices.

Conveyances.

1. Reading: - B. For the better Security of Owners and Purchasers of Lands, and for the Preventing of Forgeries, Perjuries, fraudulent and secret Conveyances.

- Upon the Quest, rejected.

Taxes, &c.

1. Reading: - B. Concerning Taxes and Impositions upon Merchants, and their Wares and Goods.

Ecclesiastical Government.

2. Reading : - B. For the more due Execution of ecclesiastical Government: - Committed to all the Privy Council, being Members of this House, Lord Clynton, Mr. Solicitor, Sir Fr. Bacon, Sir John Bennett, Sir Rob. Oxenbridge, Sir Chro. Perkins, Sir Jerome Horsey, Mr. Duncombe, Sir John Hollys, Mr. Yelverton, Mr. Pelham, Mr. Grace, Sir John Boys, Sir Tho. Bishop, Sir Nich. Saunders, Sir Edw. Sandys, Mr. Winch, Sir Geo. Fleetwood, Sir Tho. Smyth, Sir Fr. Hastings, Sir H. Hubbard, Sir H. Nevill, Serjeant Shirley, Sir Wm. Wray, Sir Fr. Barrington, Sir Geo. Moore, Sir Antho. Cope, Sir Hen. Poole, Sir Edw. Mountague, Sir Wm. Killigrewe, Sir Edw. Grevill: - Monday, Chequer Chamber.

Purveyors, &c.

Mr. Hare reporteth from the Committees, their Proceedings. -

The Articles of Denial too late. -

The King found the Prerogative, and will hardly be drawn to consent to have it taken away. -

To offer the Doubts, touching Compositions, to the Lords, -

The Committees to set down the Doubts, in Writing; and to be read in the House. -

Quid tristes quaerimoniae, quid vanae leges, sine moribus ? -

Doubts touching Compositions, Security, and Proportion, Distribution. -

A Statute Law that makes a new Ordinance, may be dispensed withal. -

Cannot alter or dispense with Common Law. -

Declare, that the Common Law doth * * *

A great Charter from the King: - Discharge the Realm of Purveyors, and dismiss that himself of his Prerogative in that Point. - .

Confirm that by Parliament: -

Then declare, that the Common Law is, that the King may dismiss by Parliament: -

The iron Chain : -

The golden Chain : -

The Proportion : look it be not too costly.

Sir Wm. Strowd: - For the Bill: - That it will do some Good, during this King's Time.

Sir Geo. Moore: - For the Composition.

Mr. Martin: - To have the Bill pass; and though it be dashed above, yet we have done our Duties and Compositions. -

Felony in him that purveys after the Charter.

The Countenance of the Officer, a Premunire.

Sir H. Hubbard: - Never any Execution of the Laws for Purveyance. -

Ever enjoyed by former Kings. -

Tolerated by some Laws. -

How can it be taken from the King, that was allowed to former Kings ? -

Compositions not possible, or not just. - Why, for that it is already ours. -

The King in Possession: - We must try it: - We must buy it. -

Monopolies, Cards, Glasses, Steel: - Justice in the King's Courts:

For Purveyors none, because the contrary Power is so great. -

Not to charge the remote equally with the nearer. -

Contribution est ad redimendum onus.

Sir Rob. Wingfield: - The King and Commonwealth cannot be severed.

Mr. Hoskins : - Tonage and Poundage remaineth ; Safe-conduct and Wastage is gone. -

Our Ancestors passed Bills : - Never an Imposition of Inheritance demanded.

The Horse and the Hart did strive; the Horse got the Victory; the Hart at Liberty in the Forest; the Horse inherits the Saddle and Bridle.

Mr. Hyde: - Composition dangerous in Precedent. -

The former Device of Charter not warrantable by Law. -

No Exposition, that the King's Prerogative cannot be bought. -

28 E. III. If any Man resist Purveyors, he shall not be judged. -

For the Bill, and then to think of Composition.

Sir John Boys: - For the Bill to be put to Question ; and Composition to be spoken with the Lords, notwithstanding.

Mr. Solicitor: - Composition a Probationer. -

The Bill and the Composition.

Mr. Yelverton: - Only here a Question, whether a Composition, or a Bill. -

Dishonourable, dangerous, mischievous, fruitless. -

The King invested in no Possession with Wrong. -

Prerogative in the King, a Comfort; transferred to a Subject, Oppression. -

Purveyor a tame Thief. - Rather compound for common Thieves in the Highway. -

A particular Branch will never alter the Composition. -

To take away Clergy from the Purveyor.

Not to expect a Conference, but the Lords expect a Resolution from us.

Mr. Speaker: - Three Things had in Consideration:

1. Whether, if a Composition, by any Law the Subject may be freed ?

. . Whether, if by a Law the King is to be bound, whether then a Composition ?

. . Whether a Bill before Conference, or after ?

Quest. Whether to proceed with the Bill : - Resolved.

The Amendments to be deferred the Reading until Tomorrow Morning.

Leave of Absence.

Mr. Nich. Spray, Burgess for Bodmyn in Cornwall, is for some special Occasions nearly concerning him, licensed to depart; with Commandment to return again within twenty Days before the End of this Session.