House of Commons Journal Volume 1: 13 April 1604 (2nd scribe)

Veneris, 13o Die Aprilis, 1604

Throckmorton's Writ of Error.

SIR Robert Vernon's Bill: - First Reading: - For the Disannulling, and Making void, of a false and unlawful Return, or Certificate, made by Sir John Throckmorton Knight, late Justice of the County of Montgomerie, into the King's Bench, upon a Writ of Error, sued by Henry Vernon, and John Vernon, Esquires, to reverse a common Recovery had in the said County of Montgomerie.

Commissaries Courts.

Sir Edw. Mountague's Motion, - To-morrow, in the Exchequer Chamber. - Commissaries Courts.

Nevill's Estate.

Sir H. Nevill's Bill: - The first Reading. - The Bill for Explanation of a former Act, made in the 43th Year of the late Queen Eliz. intituled, An Act for the Enabling of Edw. Nevill, of Birling, in the County of Kent, and Sir Henry Nevill, Knight, his Son and Heir apparent, to dispose of certain Copyhold Lands, Parcel of the Manor of Rotherfield, in the County of Sussex, and of the Manors of Allesley and Filloughley, in the County of Warwick: - The first Reading.

Transporting Ordnance.

The Bill, and Committees, against Transportation of Ordnance, delivered to Sir Robert Wroth.

Forcible Entries.

The Bill, concerning forcible . . with Amendments and Alterations, returned from the Committee : Ordered, upon the Question, to be ingrossed.

Cardigan Election.

Mr. Serjeant Snig moveth, touching Dallavere, and Bradshawe, chosen for the Town of Cardigan. - Sir Richard Rice Knight, Sheriff. - 25 H. VIII. - Contrary to this Act, the Choice made.

Mr. Bradshawe to be received, and Dallavere rejected.

Attachment of Sheriff.

An Attachment to be sent for the Sheriff, by Warrant from Mr. Speaker.

Bills of Restitution.

The Bill for Mr. Lucas' Restoring:

The Bill for the Restitution of William Pagett Esquire: Brought in from the Committees, without any Alteration.

- Sir Rob. Wroth.

Utlaws not to be in Parliament.

The Bill against utlawed Persons to be of the Parliament, brought in by Sir Geo. Carewe, with Amendments : Ordered to be ingrossed, upon the Question,

Shrewsbury Election.

Touching Shrewsbury. -

The Return of the Sheriff of Shropshire examined, First Indenture delivered by Mr. Barker himself to the Clerk of the Crown. The Sheriff returneth another, and justifieth the second. - Roger Owen, Sheriff.

Henry Hales, the Sheriff of Shropshire's Man, justifieth the Return of Mr. Serjeant Harris, disavowing the Return of Mr. Barker, notwithstanding that Choice was formerly made by the Town.

The second Return void in Law, because it is not according to the Statute of Election, 23 Eliz. -

Return not void, but the Sheriff shall forfeit 100l. -

The Disinherison of all Corporations, to have the Choice between the Sheriffs and Electors. The Choice should have been made, and returned to the Sheriff, by Mayor, or Bailiffs. -

The first Choice made, offered to the Sheriff, and he refused it; being made duly, according to the Law.

Mr. Hedley, Mr. Serjeant Hubbard, Mr. Yelverton, Mr. Serjeant Snig, Mr. Hext, Sir Geo. Moore, Speakers in this Matter of the Sheriff of Shropshire. -

Many Boroughs send Burgesses, that have neither Mayor nor Bailiffs.

1. Question, Whether the first Indenture shall be accepted, between the Bailiffs and Sheriffs :

2. Question, Whether the Indenture between the Electors and the Sheriff.

Neither to be accepted by the House. Both the Returns damned.

New Writ.

3. Whether a Warrant shall go for a new Writ.

Sheriff sent for.

4. Whether the Sheriff shall be Sent for by Attachment.

Both Questions resolved in the Affirmative.

Message of Thanks to the King.

Mr. Speaker returneth the Effect of his Message of his Thanks Yesterday. - The humble and dutiful Acceptation of that, which his Highness had done; and the Thanks of the House. - The zealous and paternal Delivery of his Grace unto us by his own Mouth. - Judgment. - Joy in his Grace, Comfort in his Justice, Approbation of his Prudence, Obedience to his Power and Pleasure. That it gave all Men Satisfaction. That they did determine to pursue that Course, which his Majesty had prescribed. That they had been Suitors, that he would receive a Representation of the humble Thanks and Service of the House.

King's Answer.

The King's Answer: That, upon the second Access, he was forced to reiterate what -

A Question unhappily cast upon him. He carried as great a Respect to our Privileges, as any Prince whatsoever : He was no Ground-searcher: He was of the mind, that your Privileges was his Strength. -

The Grounds, Two : Our not understanding, that his Majesty had meddled, before we had decided : That he conceited, that it concerned him in Honour, not being well informed. -

That he thought, we had no wilful Purpose to derogate any thing. - A grave, a dutiful, and an obedient, Answer. -

As the Devil had unhappily cast this Question, so God had turned this Question to Two good Ends and Purposes:

1. One, that he knew, and had approved, our Loyalty:

2. That he had made Testimony of his Bounty and Grace. -

That, as we came to give him Thanks, so did he redouble his Thanks. That he had rather be a King of such Subjects, than to be a King of many Kingdoms.

King's 2d Speech - Union, &c.

His second Speech, directed to the Lords and us. Two Parts :

This Parliament was not like to be long :

That we would treat for Matters of Commonwealth, and then himself.

1. An Union.

2. Commonwealth Bills.

3. Religion, and Reformation of ecclesiastical Discipline. -

That the Union may now be prepared, and prosecuted the next Parliament. That the Union, with the Loss of much Blood, could never be, as now it is. That in Affections we should be united. -

That we should proceed in such Laws, as concern the general Good. -

That all Heresies might be rooted out, and that Care might be taken -

At his Death, his Wish, above all Things, 1. One Worship to God: 2. One Kingdom intirely governed: 3. One Uniformity in Laws. -

As he was infinite, and his Occasions infinite; that in that first Parliament, we would not take this from him, which we had yielded to others ; being no way inferior in Affections, no way inferior in his Desire to ease you.

Buckingham Writ.

The Warrant, for the new Election in Buckinghamshire, brought in, and agreed on.

Person committed.

Sir Edw. Hobby reporteth his Message to the Lord Chancellor: - Their Resolution to send Simpson to the Tower. -

The Reason, why my Lord Chancellor did send Simpson to Prison: - None, but hollow Hearts, would contemn such a Day,

After Sir Tho. Shirley's Counsel heard, no Dispute till To-morrow.

Privilege - Arrest of a Member.

Mr. Geo. Crook moveth for Privilege for Sir Tho. Shirley.

Suspension, pro tempore, of the Debt. -

39 H. VI. one taken in Execution, before the Parliament begun, privileged. -

Ferrers his Case, in 30 H. VIII. -

Curwen, Hurleston's Man : His Body freed; but his Lands and Goods subject.

Mr. Stafferton, for the Warden of. . . -

2. E. IV. a Precedent for one in Execution.

Simpson, and the Serjeant, to be carried to the Tower. - Watkins, Serjeant.

Simpson's Counsel to be heard in the mean time.

On Monday next Sir Tho. Shirleye's Case to be further heard.