House of Commons Journal Volume 1: 14 May 1604 (2nd scribe)

Lunae, 14o Die Maii, 1604

Lee River.

THE Bill for suppressing the Inconvenience growing by Barges on the River of Lee: - The first Reading,

Bankrupts.

The Bill for the better Execution and Explanation of the Statutes of Bankrupts; - The second Reading, and committed - Sir Jo. Savill, Mr. Antropos, Sir Herbert Crofts, Mr. Bryers, Mr. Pettus, Sir H. Billingsley Sir Nich. Saunders, Sir Jo. Thynne, Mr. Johnson, Sir Geo. Moore, Sir Fr. Hastings, Serjeant Snig, Mr. Alford, Mr. Fuller, Mr. Prowse, Mr. Nath. Bacon, Mr. Askwith, Sir Tho. Bishop, Mr. Gowre, Sir Charles Cornwallys, Mr. James, Mr. Fra. Moore, Mr. Peart: - Friday, Chequer Chamber, Mr. Robert Middleton, Mr. Bagge, Mr. Hassard, Mr. Tye, Mr. Yelverton, Mr. Martin, Mr. Hare, added.

Small Debts.

The Bill for the Relief of poor Debtors, and Recovery of small Debts, in London, secondly read, and committed to the former Committee. Sir Tho. Smyth, Sir Rob. Wroth, Mr. Recorder, added to the former Committee.

Fry of Fish.

The Bill for the Preservation of the Fry and Brood of Sea-fish, secondly read, and committed - the Lord Buckhurst, Sir Rob. Wroth, Mr. Johnson, Sir Jo. Heigham, Mr. Ryvers, Sir Tho. Bishop, Mr. Wyseman, Sir Jo. Harper, Mr. Staughton, Mr. Hurdman, Mr. Yelverton, Sir Wm. Skipwith, Sir Jo. Scott, Mr. Alford, Mr. Parkinson, Sir Rich. Hawkins, Mr. Dannett, Sir Fr. Barrington, Burgesses of all Port Towns, Sir Jo. Thynne, Sir Antho. Rowse, Sir Tho. Ridgeway, Sir Tho. Denton, Mr. Bromley: - Thursday, Star-chamber.

Aston's Nat.

The Bill for the Naturalizing of Dame Mary Aston, and her Children.

Privilege.

Hedley and Hollowell to be warned, in Sir Edw. Mountague's Motion, for Privilege. - Trial on Tuesday.

Warden's Confinement in Little Ease.

Sir Herbert Crofts reporteth, that they saw Little Ease: Found it__

The Warden's insolent Carriage. -

Skevington's Daughters: An Engine devised by Mr. Skevington, called Little Ease.

Mr. Lieutenant excuseth himself, and telleth the Manner of his dealing with the Warden. - Would not have his Name mentioned.

Sir Edw. Grevill, Sir James Scudamore, Mr. Holt. -

Upon Mr. Bellingram's Motion, Mr. Speaker openeth Mr. Lieutenant's Justification to the House, because it was delivered with a low Voice.

Proceedings to compel the Release of a member from Arrest.

Sir Tho. Hobby: - How to get at Sir Tho. Shirley. -

Sir Geo. Reynolds to be sent for, Lesse of the Fleet.

Sir Tho. Holcroft: - To have Sir Geo. Reynolds sent for Sir Tho. Shirley, by Habeas corpus. -

Sir Geo. Reynolds, and the Serjeants, and Lawyers, to be sent for.

Sir Rob. Nappier: - That the Deputy of a Lessee cannot forfeit the Inheritance,

Mr. Tey layeth all the Fault upon Mr. Lieutenant of the Tower, in making handsome, and clean, the Room.

Mr. Martin concurreth.

Mr. Wyseman, - for a Fine: 100l. every Day.

Sir Rob. Wroth, - for Six Gentlemen, formerly moved.

Sir John Harper, - To acquaint the Lords, and have the King's Help in this Case.

Mr. Staughton: - To impose a Fine of 1,000l. upon the Lieutenant, for his not doing his Duty, in punishing the Warden.

Sir Fr. Hastings: - Not to send Judges to fetch out Prisoners; but Officers ; and have the King's Help, according to the Message.

Mr. Duncombe; - To have the Lieutenant of the Tower's Punishment put to Question.

Sir Jo. Hollice: - To have him put into the Least Ease, &c. -

Not to rise, for displeasing the King, and hurting the Commonwealth.

Mr. Kirton, for an Act of Parliament, to disable the Warden of the Fleet to enjoy or exercise any Office.

Mr. Lawton, - for a Writ De homine replegiando.

Sir Fr. Bacon: - Remora, - Two of them this Parliar ment. -

Privilege. - No Suit to the King, because a Disclaimer of our Power; because he cannot do it. -

Not to rise, like sullen Fellows: That is to give over our Privileges to Wind and Weather. -

Not to go with the Serjeant. - No Judges to be Ministers. -

The Serjeant not to be sent again : No other Warden to be called. - We shall be disobeyed. Women come in the Case. Undecent to convent them, &c. -

To be Petitioners to the King, that he would appoint some to aid our Serjeant, with Force, to deliver Sir Tho. Shirley. -

That the Warden's Punishment might be increased, only in more Straitness, and in Time.

Sir Geo. Moore: - Act of Parliament for the Delivery of Sir Tho. Shirley.

Timoria. - To restore the Honour and Reputation of this House, by a Bill. -

That the Lieutenant of the Tower may be remembered, for not executing the Commandment of the House.

Sir Walter Cope: - To have Sir Geo. Reynolds called in, and asked, what Interest he had, and what he had transferred to the now Warden.

Mr. Fra. Moore: - To have a new Habeas Corpus to the Fleet. All the Wardens to be brought together: If they refuse, the Office forfeit.

Sir Geo. Reynolds, being called, and asked, what Interest he hath; answered, a Lease. - What he transferred: - A Lease for Two Years yet enduring, as absolute Warden: So no Forfeiture, according to Mr. Moore's Opinion.

If there be a Forfeiture, then the King may deliver him.

Mr. Solicitor: - The King's Commandment, to obey our Officer, upon his Allegiance. -

A Warrant, for a new Writ to the Warden.

Sir Fr. Bacon: - Whether to petition to the King to appoint some to assist our Serjeant, to deliver Sir Tho. Shirley with Force.

Mr. Speaker: - No Precedent, but the Case of one Long, in 35 Eliz. in Wiltshire. A Letter from the Queen, directed to Sir Edm. Ludlowe, now a Member of the House, then Sheriff, to give Long Possession. -

The Queen misled : The Possession restored, and the Offenders punished in the Star-chamber.

Ordered, upon Question, That Sir Fr. Bacon may speak again, after he had once spoken, and the second Time expounded himself, in Sir Tho. Shirleye's Cause. -

Plenitudo potestatis, plenitudo tempestatis. -

To be Petitioners to the King, to assist. - No Derogation. A Difference between Execution, and Assistance in Execution.

1. Ordered, upon the Question, That a new Writ of Habeas corpus cum causa be awarded.

2. Q. That the Serjeant go with the Writ.

3. Q. That the Warden of the Fleet, by Mr. Lieutenant himself, be brought to the Fleet Door, and there the Writ delivered to him, together with Commandment from the House, by Mr. Serjeant, unto him.

4. The Warden, in the mean time, and that presently, to be committed to the Dungeon in the Tower.

After this, the Warden to be returned to the Dungeon again.

D. of Somerset's Estate.

The Bill for the Establishment of divers Manors and Lands of Edw. late Duke of Somerset, appointed to be read To-morrow Morning, immediately after Seven a Clock; and the Counsel to be heard till Eight; at which Time, if they shall not make an end, then to be interrupted ; and either to be heard again at Committee (if the Bill shall be committed) or be deferred till another more convenient Time, as the House shall think fit.

Privilege - Releasing a Member under Arrest.

Memorandum, That Mr. Vice-chamberlain was privately observed to be instructed to go to the King, and humbly desire, that he would be pleased to send to the Warden, upon his Allegiance, to deliver Sir Tho. but not as petitioned by the House, but as from his Majesty himself, of his own Motion.

Prohibitions.

Bill, and Committees, for Costs in a Prohibition, delivered to Sir Wm. Selby. - To D. James afterwards.