House of Commons Journal Volume 1: 03 April 1628

Jovis, 3 Aprilis

Unity in the Church, &c.

L. 1. AN Act for the better Continuing of Peace and Unity in the Church and Commonwealth.

Excommunication.

L. 1. An Act for Mitigation of the Sentence of the greater Excommunication.

Preaching.

L. 1. An Act concerning Hearing of the Word of God preached.

Prisoner discharged.

Sir Nath. Rich reports from the Committee to examine the Gentleman, that came Yesterday into the House. - Find, that he is a Scholar of Oxford, always of good Reputation for Learning and Religion ; took both the Oaths of Allegiance and Supremacy, before he went out of England; hath commenced Doctor of Physick at Padua; hath taken the Oaths since his coming home; professes, his coming hither was out of Ignorance ; was told that it was a Day to hear Grievances, and, that Strangers might be present. The Opinion of the Committee, that he might be discharged.

Ordered, That Philip Parsons shall be discharged, paying his Fees.

Lewes Election.

Resolved, upon Question, That the Election of Mr. Stapley, for the Town of Lewes, is a good Election.

The Indenture, wherein Sir Geo. Goring and Sir Geor. Rivers are returned, to be taken off the File.

Members receiving the Communion, &c.

Sir Ed. Gyles to be spared out of the Order for seeing the Members of the House receive the Communion: Sir Tho. Barrington to be in his Room.

A Collection to be at the Fast, and at the Communion; and the Dean of Rochester to preach the first Sermon at the Fast.

Sir James Perrot moves, to be spared : Which agreed. Mr. Morris in his Room. This to be for both the Fast, and Communion.

Divine Service to begin at Nine Clock, Forenoon, and Two Clock, Afternoon, on Saturday, at the Fast.

Message from the King.

Mr. Secretary Cooke brings a Message from the King. - His Majesty understanding of some Bruit of a sharp Message to be delivered Yesterday in the House by himself, and of some malicious Words spoken at Council Board by the Duke against this House; his Majesty assures this House, that nothing fell from him, or any other, tending to that Purpose : He had most contradicted himself, if he had so done; for he the first Mover of this Assembly : Besides, his Majesty hath taken Notice of our Purpose, To-morrow to take Consideration of his Supply; which he hopes we will do, as a good Thing, well, without Conditions; that the World may see, that we are as far from encroaching on his Prerogative, as he from encroaching into our Liberties. - Will esteem it his chiefest Glory to command free Subjects. -

His Majesty said, there could be no true Conjunction, where not Contentment on both Parts: Must be no winning on either Part, for then that Part will seek Evasion. -

Confident, that we shall not only have a gracious Answer from his Majesty, but also a hearty Co-operation from those that, peradventure, we least expect it. -

To proceed modestly in the Terms of our Grievances, and he will enlarge himself to give us Satisfaction.

Thanks on Message.

Mr. Treasurer and Mr. Secretary to return humble Thanks to his Majesty, from this House, for this his gracious Message; and humbly to intreat his Majesty, to look upon the Actions and Resolutions of this House, and not to give Ear to any Rumours. -

Liberty of the Subject.

Mr. Litleton reporteth from the grand Committee appointed to take into Consideration the Liberty of the Subject, in Person and Estate. - Have proceeded in this great Business with that Gravity, and Leisure, as will add much to their Honour and Resolutions. -

Bills from Lords.

A Message from the Lords, by Serjeant Damport and Serjeant Bartley: -

The Lords have sent Two Bills: - One, for the Increase of Trade; the other, for establishing the Estates of the Tenants of Bromfeild, in the County of Denbigh.

Liberty of Subject.

The grand Committee resolved these Three Questions... 1. Resolved, upon Question, That no free Man ought to be committed, or detained in Prison, or otherwise restrained, by the Command of the King, or the Privy Council, or any other, unless some Cause of the Commitment, Detainer, or Restraint, be expressed, for which by Law, he ought to be committed, detained, or restrained; without One Negative.

2ly, Resolved, upon Question, That the Writ of Habeas Corpus may not be denied, but ought to be granted to every Man that is committed, or detained in Prison, or otherwise restrained, though it be by the Command of the King, the Privy Council, or any other, he praying the same; without One Negative.

3ly, Resolved, upon Question, That if a free Man be committed, or detained in Prison, or otherwise restrained, by the Command of the King, the Privy Council, or any other, no Cause of such Commitment, Detainer, or Restraint, being expressed, for which, by Law, he ought to be committed, detained, or restrained, and the same be returned upon an Habeas Corpus, granted for the said Party, that then he ought to be delivered, or bailed; without One Negative.

The fourth Question, concerning the Propriety of the Goods, re-committed to the former grand Committee.

Mr. Speaker went out of his Chair, and the House fell into a Committee.

Mr. Littleton reports from the grand Committee. - Have agreed upon the fourth Question.

4ly, Resolved, upon Question, That the ancient and undoubted Right of every free Man is, that he hath a full and absolute Property in his Goods and Estate; and that no Tax, Tallage, Loan, Benevolence, or other like Charge, ought to be commanded or levied by the King, or any of

his Ministers, without common Assent by Act of Parliament : Agreed, Nemine contradicente.

Billetting Soldiers.

Ordered, upon Question, the several Complaints exhibited, or to be exhibited, against Deputy Lieutenants, for Billetting of Soldiers, or any other Charges, shall be referred to the former Committee for the County of Surrey; and the Knights and Burgesses of that County, whence the Complaint comes, to have Voice in the Committee, so they be no Deputy Lieutenants.

Jovis, 3o Aprilis - Post Meridiem

Liberty of the Subject.

Mr. Litleton reporteth from the grand Committee. - They think fit to lay aside the further Debate of the Question concerning Pressing of Soldiers, and Designation to foreign . . . -

To have a special Committee, to frame a fair and indifferent Bill, for King and People, to regulate these Things for . . .

Resolved, upon Question, To have a select Committee, to frame a Bill concerning pressing Soldiers, employing Men as Ambassadors, fit for the Service of the King and Subject.

Mr. Treasurer, Secretary Cooke, Sir Ed. Cooke, Sir Dud. Digs, Sir Rob. Philips, Sir Nat. Rich, Sir Tho. Wentworth, Sir Wal. Earle, Sir Jo. Strangewaies, Mr. Solicitor, Chancellor Duchy, Sir Jo. Elliot, Mr. Selden, Sir Hen. Fane, Mr. Coryton, Mr. Pine, Mr. Rolles, Mr. Hackwell, Serjeant Hoskins, Mr. Harris, Mr. Hambden, Sir Hen. Martin, Mr. Litleton, Sir Jo. Danvors, to take into Consideration the Framing of a Bill concerning the Pressing of Soldiers, foreign Employments, and such like ; so as the same may be regulated for the Service of the King, and Good of the People : - To meet Monday, Two Clock, Duchy Court.

Sir Rob. Philips moves, to have a Committee, to sum together, and digest into Order, the State of these Two Questions, already resolved by the House; to remain with the Clerk, for a perpetual Record. 2ly, To consider what way to proceed best for the Advantage of the Subject, to secure them in those Two Points.

Resolved, Upon Question, That a select Committee shall be named, to take into Consideration, and present to the House their Opinion, what is next fit to be done for the Service of the House in these Businesses concerning the personal Liberty of the Subjects, and the Propriety of their Goods -

Mr. Treasurer, Secretary Cooke, Chancellor Duchy, Sir Rob. Philips, Sir Dud. Digs, Sir Ben. Rydiard, Mr. Selden, Sir Nat. Rich, Mr. Pym, Mr. Kirton, Mr. Coryton, Mr. Hackwell, Sir Edw. Cooke, Mr. Litleton, Mr. Alured, Mr. Rolles, Sir Tho. Wentworth, Sir Wal. Earle, Mr. Wainsford, Sir Jo. Elliot, Sir Will. Fleetwood, Sir Jo. Strangewaies : - To-morrow Morning, Six Clock, Court of Wards.