House of Commons Journal Volume 1: 09 May 1604 (2nd scribe)

Mercurii, 9 Maii, 1604

Pedigrees.

THE Bill for due Proof of Pedigrees and Descents.

- The first Reading; and -

Leather-

The Bill for the Explanation and Enlargement of the Statute, 5o Eliz. touching Artificers occupying Cutting of Leather: - Second Reading, and rejected.

Watermen.

The Bill touching Ferrymen, or Watermen: - The second Reading, and committed to Sir Rob. Wroth, Sir Geo. Moore, Mr. Fuller, Mr. Peak, Sir Henry Billingsley, Sir Edw. Hobby, Mr. Gowre, Sir John Hollies, Mr. Johnson, Sir Rob. Knolles, Sir Edm. Bowyer, Sir Tho. Fanshawe: - Monday, Chequer Chamber.

Jermy's Decree.

The Bill for the making void of a Decree in Chancery, and of the Assurance made thereupon by Sir Tho. Jermy Knight, &c. - Committed - Sir Rob. Wroth, Mr. Fra. Moore, Sir John Heigham, Sir John Peyton, Mr. Fuller, Sir Edw. Grevill, Sir Charles Cornwallys, Sir Edw. Stafford, Sir Geo. Moore, Mr. Crewe, Mr. D. James, Mr. Nath. Bacon, Sir Edw. Lewknor, Sir Dan. Dun, Sir Nich. Saunders, Sir Rob. Wingfield: - Tuesday: Chequer Chamber. Counsel to be present, and heard on both Sides, at the Committee.

Privilege. - Sir T. Sherley.

Mr. Serjeant, according to an Order Yesterday, presently to go for Sir Tho. Sherley: And did go, sedente Curia.

Delinquents.

No Delinquent to be brought in, without the Serjeant.

Sheriff of Salop.

- Upon the sending of Mr. Serjeant, moved, for the Sheriff of Shropshire to come in.

Prohibitions.

The Bill for Costs in a Prohibition, secondly read, and committed - Sir Tho. Bishop, Sir John Bennett, Mr. D. James, D. Steward, Sir Tho. Ridgway, Sir Wm. Selby, Mr. Hyde, Sir Wm. Stroud, Mr. Crewe, Mr. Moore, Sir John Townsend, Mr. Yelverton, Mr. Wentworth, Sir Wm. Selby, Mr. Evers, Sir H. Beamount, Mr. Brook, Mr. Johnson, Mr. Overberry, Mr. Moore, Sir Tho. Beamount, Sir John Harper, Sir John Thynne: - Temple Hall, Tuesday.

Conferences reported.

Sir Francis Bacon reporteth Two Commissions of Conference: reported.

Purveyors:

Union. -

Purveyors.

The Lords Scope, to exterminate all Purveyors, &c.

- Sensible of Griefs, capable of our Reasons, careful of Remedies. - Harpicae called by the Lords : Wheresoever Victual was, there they would seize. -

Our Reasons, Two Heads :

Law was of our Side :

His Majesty's Means increased, therefore would not press upon the People. -

The Answer : 1. Summum jus summa injuria: - Between Party and Party; a fortiori, in the King's Case.

2. Necessitas non habet legem. - A thing impossible, to maintain, the King's Charge, without some Help in this Kind.

3. Lex Talionis. - Many penal Laws, which the King doth not press: He looketh for the like Measure of us. -

2. The King's Ability and Bounty.

Answ. Adhuc messis in herba. -

In Ireland, 120 Thousand Pounds: The cautionary Towns, 30,000 l. annual: 30 in the Hundred Imposition in Spaine. - We should be better Gainers by War, than Peace, if not for other Consideration of State. -

Remedy. - A Proportion from the Subject, 50,000 l. per Annum: The Shires, 27,000 l. Composition: Supplies in Specie, 10,000 l. - Conclude of 40,000 l. -

All, which concern not the Houshold, and Stable, 50,000 l. King, Queen, Prince, Duke, all included. -

The Lords and Clergy should be assessed. - Omnia probate, quod bonum est, tenete.

Union with Scotland.

Union. - Saturday Morning spent in the Instructions for theBill. -

Of Two Natures: Preface, Body. -

Four: - l. The Form not petitionary : - As a Proposition from the King.

2. Bene auspicari: - Begins in God's Name.

3. The immediate Motive: The Discrepance of Laws, of both, full of Inconvenience.

4. Hold of the King's Royal Promise, that if his Line should fail, that the Kingdom of Scotland shall make a Cession. -

That, in the Preamble, we should not prejudge any thing, nor speak of any thing done. - Pars minima puella sui. -

The Body. -

The Subject - Not rest merely upon Union, but of all

Matters, that may concern the Weal of both Kingdoms: Separation, or other Thing. -

The Form: - Into Writing tripartite : The King One Part: 2. The Parliament of England: 3. The Parliament of Scotland. -

No Privilege, Law, Custom, Prerogative, to accept, or refuse, at Liberty for the Commissioners. -

If they name Commissioners jointly, if One die, cessat. - Two Parts in Three divided, the Authority to be left in open Parliament to be named. -

The Commissioners to be named, before the Bill be drawn; for it cannot be perfect, until they be named.

Sir Tho. Holcroft, and Sir Henry Mountague: - That it was agreed, the Instructions should be brought, and read, in Writing, and not verbally.

Sir Fr. Bacon: - Knew not of this: Would not take the Bill, because it exceeded his Commission from the House.

Privilege - Refusal to release a Member.

Mr. Serjeant of the House reporteth, that he attended at the Fleete ; demanded Sir Tho. Shirley three times; called him down : The Warden's Wife took all the Keys, and Commandments, from her Servants; cried out, that, if they would call her Husband, he would satisfy the House.

Judgments.

Registering of Judgments, &c. and Committees, delivered to Mr. Holt.

Exchequer.

Abuses of the Exchequer, &c. Bill and Committee delivered to Sir Tho. Freak.

Ld. Kinlosse.

The Lord of Kinlosse' Bill, and Committees, delivered to Mr. Fr. Moore.

Rogues.

Bill, and Committee of the Bill, of Rogues, delivered to Sir Edw. Hext.

Message from the King.

Sir John Herbert reporteth, that his Majesty, upon the reading of Ferrers his Precedent, left it to our own Liberty, to deal with Sir Tho. Shirley, as we thought fit.

Arrest of a Member.

Caution for the Prisoners in the Fleet.

Purveyors.

Touching the Purveyors ; his Majesty heard the Grievances ; wished their Redress; would stand with us, whosoever impugned it. While he was King of England, he would still strive to seek to remedy the Grievances.

Ditto.

Mr. Martin remembereth, that the Demands, touching Purveyors, should be examined.

Ditto.

Mr. Speaker: - Three Things to be considered . The Purveyors : Frame of an Act: Sir Tho. Shirley.

Privilege - Releasing a Member under Arrest.

Mr. Martin: - That Sir Tho. Shirleye's Cause should first be disputed.

Mr. Staughton: - The Act not sufficient to secure the Warden, and Simpson, if the Warden be now delivered by the Privilege.

The Act for new Executions, &c. (Mr. Hackwell) helpeth the Warden, and Simpson.

Mr. Recorder saith, it helpeth not. - Now only Time to treat of Sir Tho. Sherleye's Delivery, and not of the Matter in Law.

Moved by Sir Henry Mountague, that Six Gentlemen of the House should go, attended with the Serjeant, to the Fleet and there, in civil manner, demand the

Delivery of Sir Tho. Shirley; and, if it were denied, to go to his Chamber, to call him down; to provide for the Safety of the Prison, and Prisoners; and to deliver Sir Tho. Shirley, according to the Privilege, and bring him with them.

This Motion put to Question, and the House divided :

With the Yea, 176. With the Noe, 153.

So resolved, that these should be sent: But stayed, in respect, that an Action upon the Case laid again such, as went.

Upon Sir Rowland Litton's Offer to speak in this Matter, a Question made, whether any more should speak in this Matter. - Resolved, no more should speak.

Action of the Case, against the Serjeant, or any other, that should go, inferred by Mr. Speaker,