House of Commons Journal Volume 1: 11 April 1604 (2nd scribe)

Mercurii, 11o Die Aprilis, 1604

Meeting of the House.

THIS Day is the first Meeting, upon the Adjournment.

Transporting Wool.

The Bill against Transporting, and Brogging, and Engrossing, of Wool: - The first Reading.

Prescription.

An Act of Explanation of the Statute for Limitation of Prescription, made in 32 H. VIII. - The second Reading, and committed to Mr. Hyde, Mr. Francis Moore, Sir Rob. Wroth, Mr. Martin, Serjeant Snig, Mr. Lawley, Sir Valentyne Knightley, Serjeant Hubbard, Serjeant Leigh, Serjeant Tanfield, Sir Geo. Moore, Sir Edw. Hobby: - To meet on Saturday in the Afternoon, in Middle Temple Hall.

Wines. &c.

The Bill touching Wines, Inns, Alehouses, and Taverns : - The second Reading, and dashed, upon the Question.

Mr. Wyseman: - No Fault in the former Laws.

Mr. Hext, - for the Law.

Sir Geo. Moore, - against it: And, that it is needless.

Mr. Martin: - Extremity, Injustice, Uncharitableness, in this Bill. - Rejected.

Letters Patents.

The Bill of Explanation of the Common Law, in certain Cases of Letters Patents : - The first Reading.

Apparel.

The Bill for Apparel, restraining the excessive Wearing of Cloth of Gold, Cloth of Silver, &c. - The second Reading, and committed to all the Privy Council, Sir Edw. Hobby, Sir Edw. Mountague, Mr. Recorder of London, Sir Roger Aston, Sir Christofer Perkins, Sir Geo. Moore, Sir Jo. Thynne, Sir Robert Wroth, Sir Edw. Lewknor, Sir John Savill, Sir John Luson, Mr. Toby Matthewe, Sir Edm. Bowyer, Sir Tho. Ridgeway, Sir Jerome Bowes, Sir Wm. Wray, Sir Percyvall Willoughby, Mr. Hyde, Sir Maurice Berkley, Mr. Francis Moore, Sir Wm. Skipwith, Serjeant Snig, Sir Lewys Lewknor: - To meet on Monday in the Afternoon, in the Exchequer Chamber.

Clothing.

The Bill and Committees, for Clothing, delivered to Sir Henry Mountague. - Three Bills.

Privilege-Arrest of a Member.

Mr. Hitcham reporteth to the House, the Proceedings in Sir Tho. Shirleye's Case. - The Contempt; and, whether the Debt were extinguished. -

That Simpson was guilty of the Contempt wittingly. That the Serjeant, Lightbone, made the Arrest wittingly, willingly, and wilfully. -

A Statute of 3,000 l. for the Payment of 1,500 l. by Sir Tho. and Sir Antho. Sherleye's Case. -

The Writ of Execution made by a Clerk, that had no Authority to do it. -

15 Martii, Sir Tho. first arrested upon a Latitat. Sir Tho. said, he was Burgess of Parliament; and therefore willed him to beware. The Serjeant answered, that Mr. Simpson knew that well enough, and he knew it.

Being in the Counter, and the Execution laid upon him, sent to Simpson, and told him as much. as before : He answered, he could but lie by it. -

Sir Tho. desired of the Committees, that he might give new Security.

1. The Question for the Punishment of Sympson, the Serjeant, and his Yeoman.

No Speech, after the Question agreed on. -

Sympson, upon the Question, to be committed to the Tower. - Formerly committed by my Lord Chancellor.

Sir Edw. Hobby, Mr. Francis Moore, to acquaint my Lord Chancellor with the Judgment of the House, touching his Remove to the Tower, the Prison of this House.

1. Whether Privilege; Execution taken, before the Parliament sat. 2. Whether the Action were discharged. 3. Where the Loss should lie.

Mr. Recorder; - The Counsel of all Parties to be heard, before Sir Tho. Shirley be discharged, touching the Point of the Debt. The Contempt very plain, and fit to be punished.

The Counsel to be heard on Friday Morning.

The Counsel of both Sides, which be Members of the House, in my Lord Abergavannye's Cause, have Leave to attend that Cause before the Lords To-morrow.

Warrant, for a Habeas Corpus, for Sir Tho. Shirley.

Mr. Simpson, the Warden of the Fleet, the Serjeant, -

Privilege - Jurisdiction in Elections.

Sir Francis Bacon reporteth from the Conference with the Judges before the King. - Tantum permissum, quantum commissum. - Not warranted to make any Report. - Upon the Question, Ordered.

Sir Robert Wingfield: - That the Committees might assemble in the Court of Wards, and then report.

Earl of Southampton.

The Bill of Restitution of Henry Earl of Southampton: - Third Reading, and passed, upon the Question.

E. of Essex.

The Bill of Restitution of Robert, the Son, and the Two Daughters, of Robert late Earl of Essex: - The third Reading, and passed, upon the Question.

E. of Arundell.

The Bill of Restitution of Thomas, only Son of Phillip late Earl of Arundell: - The third Reading, and, upon the Question, passed. -

Whosoever doth not profess the Christian Religion, ought neither to be advanced to Honour, nor Office. - Passed, upon the Question. -

Privilege - Jurisdiction in Elections.

Sir Fr. Bacon, after the Meeting this Day in the Court of Wards, maketh the Report of what passed before his Majesty, and the Council. -

The King said, he would be President of the Council; and sat with his Council. -

This Attendance did renew a Remembrance of the last Time we attended, when we parted with such Admiration.

- The Voice of God in Man : - The good Spirit of God in the Mouth of Man. - Not one of Herod's Flatterers. A Curse in him, that did, a Curse in him, that suffered it. - We are glad, O King, that we give account to you, because you discern what is spoken. -

We had let pass no Moment of Time, until we had resolved, and set down an Answer in Writing; which we now had ready. -

Since a Message from the King, by Mr. Speaker, of Two Parts: Paternal, and Royal,

1. That we were as dear unto him, as the Safety of his Person, or the Preservation of his Posterity : Royal; that we should have Conference, upon our Allegiance, with the Judges, before his Council. -

That we did more to King James, than ever was done since the Conquest, in giving account of our Judgments. -

We had no Intent, in all our Proceedings, to cross or encounter his Majesty ; to impeach his Honour, or Prerogative. -

The Eloquence of a King inimitable. -

The King addressed himself to Sir Fr. Bacon, as deputed from the House. -

Three Parts : The Cause of our sending, to draw to an End the Difference.

Absence: because he feared, he might be thought interested, and so breed an Inequality of our Part -

He would not hold his Prerogative, or Honour, or receive any thing of any or all Subjects. - Magnanimity. -

That he would confirm and ratify all Privileges. - Bounty, and Amity.

As King, royally; as King James, sweetly, and kindly, out of his good Nature.

1. Point, whether we were a Court of Record, and had Power to judge of Returns, &c. -

As our Court had Power, so had the Chancery. - That the Court, first judging, should not be controlled. -

Upon a Surmise, and upon the Sheriff's Return, a Difference.

Two Powers; permanent, and transitory.

Chancery a confidentiary Court, to the Use of the Parliament, during the Time. -

Whatsoever the Sheriff inserts beyond the Authority of his Mandate, a Nugation.

The Parliament of England not to be bound by a Sheriff's Return.

The King: - That our Privileges were not in question, That it was private Jealousies, without any Kernel or Substance, &c.

Granted, a Court of Record, Judge of Returns. -

Sir John Fortescue displaced - The King meets us half way. -

A Schism in the Church, between a Pope, and an Antipope: No End, until they were both put down.

A Motion, to be done by way of Warrant; to be set down, to be done at the Request of the King. -

We lose more at a Parliament, than we gain at a Battle. - The Authority, only to fortify. They should not have consented, because they had no Authority.

Infants.

The Bill, and Committee, concerning common Recoveries against Infants, delivered to Mr. Hedley of Grayes Inn. -

Privilege - Jurisdiction in Elections.

Proceed to take away our Dissention, and to preserve our Liberties. -

Two: 1. That we had exceeded our Commission:

2. That we had drawn upon us a Note of Inconstancy and Levity.

The Acclamation; A Testimony of our Duty, no Levity.

Writ to be issued.

Being put to the Question, whether Sir Francis Goodwyn and Sir John Fortescue shall be secluded, and a new Writ awarded; Resolved, For a Warrant, for a new Writ,

Thanks to the King.

Thanks to be given to his Majesty, for his Presence, and Direction, in the Matter of Sir Fr. Goodwyn, by the Speaker of this House.