House of Commons Journal Volume 1: 25 May 1621

Veneris, 25o Maii, 19 Jacobi.

Lacy's Will.

L. 1a. AN Act for the Reviving, and Setting on Foot, of the last Will and Testament of Tho. Lacy the elder, Gentleman, notwithstanding a Decree and Sentence in the high and honourable Court of Star-chamber.

Simony.

L. 1a. An Act to prevent Simony, and Abuse of Elections in Colleges and Halls.

Best's Nat.

The Committee for Jaques de Best, of his Naturalization, to meet To-morrow Morning, at Seven of the Clock, in the Committee Chamber.

Fees in Courts.

L. 1a. An Act concerning Fees to be taken in all ecclesiastical Courts.

Administrations, &c.

L. 1a. An Act for the better Granting of Administrations, Disposing of the Goods unadministred, and of Money received for Commutation of Penance.

Foreign Pensions.

L. 2a. An Act against the secret Receiving of any Gifts, or Pensions, of any foreign Prince or State. -

Mr. Spencer: - To restrain Ambassadors from taking any Gift, but with these Two Restraints: 1. Not to take any thing, till they be come away from the foreign Prince: 2ly, To lay it down at the King's Feet, at their coming home.

Sir Edw. Coke: - That no Subject ought to converse with any foreign Ambassadors, without the King's Leave.

- 4 R. III. Ferrer's Case. - That no Subject can take any Pension of any foreign Prince. - At his Homage, saith, " I become your Man." - Nemo potest duobus dominis servire.

Sir Ro. Phillippes: - Death in Spayne, to receive any Bribe, or Corruption, from any foreign State.

Committed to Master of the Rolls, Sir Edw. Coke, Mr. Spencer, Sir Grevill Verney, Sir D. Digges, Sir Geor. Moore, Sir Ro. Phillippes, Mr. Smyth, Sir Tho. Row, Sir Edw. Sands, Mr. Crew, Sir Edw. Peyton, Mr. Grffyn, Sir Edw. Mountague, Mr. Murray, Mr. Edw. Spencer, Mr. Solicitor, Mr. Edw. Herberte, Lord Wriothesley, Sir Jer. Horsey, Sir Nath. Rich, Mr. Salisbury, Sir Wm. Spencer, Sir Ben. Rudyard, Sir Wm. Gray: - Tuesday next, in the Court of Wards.

Limitation of Actions.

The Bill of Limitations coming now again to Debate;

Sir H. Poole, - against the Bill. - Vain, and unjust. -

Few Writs of Formedones: Scarce Two in 20 Years. -

[To] take away Formedones, is to break the Will of the Donor, and to wrong the Donee. If the King be in Possession of my Land, I cannot enter; and yet, by this Bill, I shall be barred of my Right, and so the King shall gain my Land. Almost never heard of that any Man, that could enter, would forbear it 20 Years together. - Is against the Action of the Case to be limited to Two Years. - Noble Women, Ambassadors, may be prejudiced. - If you stop these Actions at the Common Law, they will be brought in the Chancery.

Mr. Crew, contra. - That 32o H. VIII. all Formedones intended to be limited. The Formedone in remainder and reverter, so now: That in discender, by a sinister Construction evaded ; which now helped by this Bill. - No Danger of the Case of the King's holding my Land; for there I have no Title of Entry, till, by an Amoveas manum, I get it out of the King's Hands. - Worketh much Peace,

- Prejudice to Lawyers, much Benefit to the Subject.

Mr. Towerson: - That the latter Part of the Bill very prejudicial to Trade.

Mr. Recorder, - for the Bill. - That Sir H. Poole rather chid the Bill, than confuted it: - Vain, frivolous, unjust.

- That, if the Suit be but commenced, sufficient.

Sir J. Perrott: - As Lawyers will lose One Way by this Bill, they will gain another Way, by Purchasing.

- Yet against the Bill.

Mr. Solicitor: - Approveth the Bill in general; yet, because Factors abroad above Six Years (and, in Time of Absence, cannot account) and by this Means may lose his Debt, moveth a special Proviso in this special Case.

Sir Tho. Row: - Impossible to call Factors to account, in some Cases, during Six Years. The East India Company hath Accounts depending 10 or 12 Years.

Mr. Bateman, accordant: - So Mr. Abbott.

Sir Edw. Coke : - Wisheth well to the Bill: Yet something to be amended. - Actions limited by divers ancient Acts of Parliament, both real and mixed. - Great Inconveniences by Alteration of Maxims at the Common Law. -

Donis conditionalibus : - Non-claim. - To amend the Bill in Two Points : - " Which shall hereafter first descend or accrue;" and after, in the Words, "other than such Accounts, as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants."

The Bill amended at the Table, by the Clerk's Servant, in those Two Points. The Amendments read by Mr. Speaker; and then the Bill, upon Question, passed.

Tobacco.

L. 3a. An Act concerning Tobacco: - Upon Question, passed.

The Prince's Exchange.

L. 1a. An Act for Confirmation of an Exchange of Lands, between the most excellent Prince Charles and Sir Lewys Watson Knight.

Welsh Butter.

L. 3a. An Act concerning the Transportation of Butter, made, or to be made, in the Dominion of Wales, and County of Monmouth.

Mr. Solicitor : - That the Rate to the King, of 2 s. too little.

Sir W. Heale: - That Butter very dear now in his Country, and will be dearer. - To make it a Probationer.

Mr. Crew, contra.

The Bill amended at the Table, by striking out the 2s. &c. - Upon Question, passed.

Fines, &c.

L. 3a. An Act against such, as shall levy any Fine, suffer any [Recovery] &c. - Upon Question, passed.

Carriage Purveyance.

L. 3a. An Act concerning the Purveyance and Taking of Horses, Carts, and Carriages, by Land or by Water, for his Majesty's Service. -

Mr. Solicitor: - This Bill taketh away the King's Prerogative for Carriages : And must be driven to lie always at One House. - Not fit to commit to the Justices of Peace the Rating of the King's Price: - And, if the Purveyor neglect to pay, the King must be punished, by wanting the Service to him, that is unpaid. - The Punishment, by the Green-cloth, taken away, and transferred to the Justices of Peace. - Moveth, to go, not this Way, but by Conference with the Green-cloth ; which his Majesty will command.

Mr. Treasurer, accordant. - That the Green-cloth now punished the Misdemeanors of Cart-takers. That now no Cart-taker can send, for any Carts, but by Warrant from Two of the Green-cloth. He hath his Number appointed him, and the Place, from which they shall have them delivered. That the Cofferer now not indebted 5l. for Carriages, but the Parties are paid, as soon as they unlade at the Court.

Sir Wm. Fletewood: - That the King's Power, of taking Carriages, not impeached by this Bill. - No Price, by Prerogative, but as can agree. - Not like that 2d. a Mile, a prerogative Price ancient: For a Bushel of Wheat heretofore sold for 3. ob. - Just, the Labourer should have his Hire. - That Justices of Peace trusted with all other Wages. - That a Law in H. VI. Time, yet in force, that no Carriages to be taken, but by Agreement between the Taker and Party. - The Authority of the Green-cloth not taken away by this Bill, as now reformed ; but Power given the Justices of Peace, upon Complaint, to punish the Cart-taker. - That, though the Cofferer not behind, yet the Cart-taker keepeth it; the Subject rather causing to leave that little Money, than stay for it, as the Cart-taker maketh them.

Mr. Raynscrofte: - That he and his Neighbours have been enforced to go with their Carts 70 Miles, at One Journey.

Mr. Chancellor of the Duchy : - That some Diseases incurable. - As long as Cart-taking suffered; the Abuse will remain. - To confer first with the Green-cloth. -

Upon Question, passed.