House of Commons Journal Volume 1: 07 March 1606

Veneris, 7o Die Martii

Ognell's Estate.

The Bill for the Establishing of the Manor of Cruelfield, in the County of Warwick, to Geo. Ognell Gentleman, brought in from the Committee by Sir Edw. Grevill, and, upon the Question, dashed.

Fees in Courts.

The Bill, what Fees shall be paid by the Plaintiff and Defendant, for Copies out of every Court of Record, &c. reported by Mr. Brock, as fit to sleep, from the Committees; the [a] Delivering, that the Committees thought the Fees not fit to be dealt with ; but if any would prefer a new Bill, touching the Abuse of Copies, he might.

Leases.

The Bill for Confirmation of Leases against Patentees of the Inheritance, reported from the Committees, as thought fit to sleep.

Drury Lane.

1. Reading: - The Bill for the Paving of Drury Lane.

Drunkenness.

1. Reading: - The Bill against the loathsome Sin of Drunkenness.

Wines.

2. Reading: - The Bill for the Reviving of a Branch of a Statute of the Three-and-twentieth Year of King Henry the eighth, for the Bringing in of Wines in seasonable Time: - Committed to Privy Council, King's Counsel, Sir Tho. Smyth, Sir Jerome Horsey, Sir Geo. Moore, Sir Rich. Bulkley, Sir Fr. Goodwyn, the Burgesses of Port Towns, Mr. Hackwill, Sir Wm. Liggon, Mr. Yelverton, Mr. Mutton, . . . Martin, Mr. Winch, Sir Wm. Godolphin, Sir H. Nevill, Sir Gamaliel Capell, Sir Edwyn Sandys, Sir John Heigham, Sir John Hobart, Sir John Heigham, Sir Wm. Paddy, Sir John Jeffreyes, Mr. James Bristoll, Sir Dan. Dun, Sir Fr. Hastings, Sir Edw. Hobby, Sir Fr. Barrington: - Wednesday, Chequer Chamber.

Holland's Restitution.

The Bill for the Restitution in Blood of John Holland, Son of Bryan Holland, and Thomas Holland, Son of the said John Holland, reported by Sir Henry Hubbard; and to be ingrossed.

Deprived Ministers.

2. Reading : - The Bill for the Restoring of deprived Ministers: - Committed to Privy Council, Sir Fr. Hastings, Sir Geo. Moore, Sir Wm. Wray, Sir Fr. Goodwyn, Mr. Attorney of the Wards, Sir Edw. Grevill, Sir Edw. Sandys, Sir Wm. Strowd, Mr. Crewe, Sir John Scott, Mr. Yelverton, Sir Nath. Bacon, Sir Tho. Crompton, Mr. Hoskins, Mr. Solicitor, Sir Edw. Hobby, Sir Antho. Cope, Sir Henry Nevill, Sir Jerome Horsey, Sir John Bennett, Sir H. Poole, Sir Fr. Bacon, Sir John Heigham, Sir Fr. Barrington, Sir Geo. St. Poll, Sir Wm. Fleetwood, Sir Tho. Ridgeway, Sir John Shirley : - To-morrow, Chequer Chamber.

Purveyors.

Composition disputed.

Sir Francis Bacon: - A compact Transaction: - Composition breeds mistaking. -

Quest, now Conveniency. - Neither against the Prerogative, nor against public Good. - : -

Fawning upon Superiors : - Pleasing a Multitude. -

In altero foeda species servitutis: In altero falsa species libertatis. -

Humores moti, et non remoti, morbum aggravant. -

Nec insidiis caeli capiere sereni. -

First Years of a King: - Dancing : - Triumphs : - After-thoughts of Ambition. -

Sinews of Wars in Coffers, as to have the Sinews of Peace in Parchment. -

Practice of Powder a Supersedeas to other Practices. -

Their Despairs dangerous, but their Hopes more dangerous. -

Objections: -

A perpetual Tax.

Ans. A Time of Probation. -

Payments certain. - Royalties: - Casualties: - As Fines for Alienation, Wards, Fines of Alienations.

2. New Precedent. -

A new Precedent of an Offer. - Discharge him now, or never.

3. Precedent to redeem Vexations. -

Prerogative buying.

4. Prerogative evicted. Dishonour : -

Dismissed, Honour.

5. King cannot part with his Prerogative. - Quest, of

Security. -

Whether he should live upon * * *

Laws, that trench to the Right, bind the Prerogative;

not simple Prohibitions.

6. Subsidy upon Tonage and Poundage. -

The Statute mistaken in the Ground.

7. Instance of Prisage. -

Butlerage and Prisage ancient Rights of the Crown. -

No Affinity.

8. Compositions already displeasant. -

Compositions no Squyre for this we shall now make. -

The Green cloth shall never deal with this.

9. Buying of Justice. -

A Buying of Interest, Possession, Freedom, Safety, Ease. - The King hath more than a Pre-emption : - Confessed. - Terminum antiquum ne moveas. -

Compositions at Westminster, for Peace sake, Buyings of Justice. -

Prerogative as ancient as the Law : - This as ancient as any. - Caput inter nubila conditur. -

Children for the Chapel may be taken : - A. Preferment, - Small; for when their Voices change, they shall be cast off. -

The Place not remedied by the old Law. - The new doth.

10. That we have ever proceeded by way of Law. -

Penelope: - Tantalus poma fugacia captat.- -

Before the Lady Marie's Grace. - Four Funerals since One Christening. -

E. III. Times many Laws, because many mighty and noble Issue. -

Let not us bring ourselves into the like Case.

Sir Rich. Spencer: - Quod dubitas, ne feceris. -

In Consultation. Two Means of Safety :

1. Exhibiting a Law:

. . Composition. -

1. Impossible to procure safe Assurance. - No King can be tied legally to his Subject. -

Love, Equality: - In Contracts, Equality.

2. If Conditions be not performed, no Remedy but Petition.

3. No Tie, where both Parties are subject to a superior Judge;

4. No Means in a Subject to forbid to dispense with that Law.

5. The royal Flowers of the Crown cannot be imparted : - sacra sacrorum: - Cannot be severed from the Crown. -

Fit to desist from this Course, and proceed with a Bill. -

No Doubt. -

The King's Word. -

Jurant enim, per quem juramus. -

The King's Honour. -

The greatest Grievance : - The greatest Honour. -

Sir Geo. Moore, offering to speak in the Bill of Purveyors, was stayed : - That he had spoken before in the same Matter. -

The greatest Honour, that the King of England to be King of free Subjects.

The Order in the Case of Sir Fr. Goodwyn, the Case of the Union, the Bill of Merchants (for speaking twice in Two Days) to be sought forth.

Sir Wm. Paddy: - A Way to open the Gap, that all Grievances must be bought out. -

Suitors, that the just Laws of England may have just Execution. -

Every Man according to his Degree: - Honour, as Honour; Office, as Office; Lord, as a Lord ; a Knight, double to a Gentleman. -

To confer with the Lords, how to fill the King's Coffers. - The Bill to pass.

Mr. Winch: - An old Fashion, that a Man propounding a new Law, should do it with a Halter about his Neck. -

To resolve upon some Course; either Bill, or Composition.

Mr. Secretary Herbert: - 4. - Right of Purveyance : Security : Conveniency : Proportion. -

The Use of Prerogative may be confined by Law, but not taken away. -

Four Revenues to the Crown :

1. Patrimonium principis.

2. Canon upon Forests.

3. Indictio, leviable upon Occasion; Tributes, and Customs.

4. Tributa auxiliaria, upon extraordinary. -

Three Causes of these : -

Ad conservandam dignitatem:

Ad sublevanda publica onera:

Ad publicam utilitatem * *

That if they will think upon some Things for the Relief of the King's Necessity, the King * * *

Mr. James, for the Bill.

Sir Roland Litton, for the Bill.

Mr. Speaker, for the Questions. -

From the Lords : -

Composition for Purveyors : - Supply of his Majesty's Occasions.

1. Conveniency: Security: Proportion. -

The Lords added Right. -

To signify to the Lords the many Difficulties of this Matter of Composition. -

Whether Composition, if Security and Proportion pleasing. -

Whether for a Time, or perpetual.

Sir Dan. Dun: - That the Argument should continue, and the Order for speaking found out against Tomorrow.

Sir Herbert Crofts: - That we may let the Lords know we have determined touching the Composition. -

Mercurii, 5 Martii

Leave of Absence.

Richard Cunie, Burgess, prayeth Leave openly in the House, for great and necessary Occasions, to depart; which is granted unto him. -

Business deferred.

The Matter of Conveniency to be further proceeded in Tomorrow.