House of Commons Journal Volume 1: 27 March 1604 (2nd scribe)

Martis, 27 die Martii, 1604

Infants.

THE Bill, touching common Recoveries against Infants: - The second Reading: - Mr. Winch, Mr. Fran. Moore, Mr. Solicitor, Sir Henry Mountague, Mr. Tho. Crewe, Sir Tho. Heskett, Mr. Fr. Tate, Mr. Antho. Dyett, Sir Jo. Heigham, Sir Fr. Goodwyn, Mr. Lawrence Hyde, Mr. Hedley, Mr. Staughton : - To meet upon Saturday, in the Middle Temple Hall, at Two a Clock in the Afternoon.

Cloth Trade.

Sir Geo. Moore moveth, for some Course to be taken. for the Relief of Clothiers : Urgeth the Necessity and Decay of Clothiers in Surrey. -

A Stay made of regrating, engrossing, and transporting, of Wool; which hath been the Cause of the Decay. -

43 Eliz. concerning the Length of Cloths.- Inconvenience in that Statute.

Ditto.

An Act, limiting what Woollen Cloths may be conveyed over Seas, unbarbed, unshorn, or unrowed: - The first Reading.

Ditto.

A Bill to be brought in, for Matter of Clothing; and no Committee.

Privilege - Arrest of a Member.

Sir Tho. Shirley, arrested upon a Capias utlagatum, after Judgment, brought this Day into the House. - Arrested before the Day of the Return: 15o die Martii, 1603, was the Day of Sir Thomas Shirley his Arrest: At the Suit of Gyles Simpson: The Process taken out before Sir Tho. Shirley . . . delivered to the Serjeant the 11th Day of February: No Conference between Simpson and the Serjeant, between that Time and the Day of the Arrest: Watkins knew not that he was a Burgess : Understood the Proclamation against outlawed and bankrupt Persons - No outlawed Man, of Felony, Treason, for Debt, or any other Trespass, to be admitted into the Parliament.

Sir Tho. Shirley affirmed, that the Party and Serjeant did know that he was going to wait upon the King; that he was a Burgess of the Parliament.

Beecher, 2,000l. Simpson, 3,000l. Beecher, 3,000l. - 30 of January the Writ of Execution taken forth.

. . Hitcham: - Discharge of the Execution, by Act of the Party, discharged altogether: Discharge by Act in Law, not discharged of the Execution. - Is of Opinion, that Sir Tho. Shirley is subject to the Execution, after the Parliament: That Punishment and Fine might be imposed upon Simpson. - Remedy against the Debtor, and not against the Sheriff.

The Difference (Mr. Fuller) whether he be sworn and admitted, or not sworn. Eundo, sedendo, redeundo, morando, the Privilege to be allowed. -

Habeas corpus, for Sir Tho. Shirleye's Body, dated 6 die Martii, returned 27o die Martii. -

35 H. VIII. the Gaoler delivered a Prisoner; the Party sued the Gaoler.

Mr. Hitcham, Mr. Fuller, Serjeant Tanfield, Serjeant Dodridge, Serjeant Hubbard, Sir H. Mountague, Mr. Dyett, Mr. Yelverton. -

Mr. Dyett: - 1. Discharge by Suspension; 2. By Authority : 3. By Act in Law.

Mr. Serjeant Snig giveth Caution touching Practice, to be arrested upon Execution, with a Purpose to have the Debt discharged.

To-morrow, the Case of Sir Tho. Shirley to be debated.

Mr. Yelverton's Division : Privilege to a Member : Interest reserved to a Stranger: Punishment of the Offender.

A Committee, for the Matter of Sir Tho. Shirley : Mr. Attorney of the Wards, Mr. Hitcham, Mr. Wyseman, Serjeant Shirley, Serjeant Lee, Mr. Secretary Herbert, my Lord Buckhurst, Sir Edw. Hobby, Sir Robert Wroth, Sir Herberte Crofts, Sir H. Nevill, Sir Jo. Heigham, Sir Geo. Moore, Sir Fr. Hastings, Sir Edm. Bowyer, Sir Wm. Fleetwood, Sir Tho. Bishop, Mr. Nath. Bacon ; - To meet on Friday at Two a Clock in the Afternoon, in the Inner Temple Hall. These Committees to examine all the Questions and Doubts, of Sir Tho. Shirleye's Case; and to

appoint Sir Tho. Shirley, and the other Party, to bring their Witnesses, and Counsel.

That Sir Tho. Shirley shall attend by his Counsel, cause his Witnesses to be brought; and also Simpson shall attend with his Counsel, and Witnesses.

Wardship, &c.

Wardship.

Sir Francis Bacon, from the Conference between the Lords and the Lower House. - Meerly a Relator. -

Upon the first Meeting the Lords desired the Committes of the Lower House to make the Proposition. It was thought fit not to mention the Objections -

A dutiful Respect: Opening of the Grief: Cautions, and Considerations, lest they be mistaken. -

The Grief. - The Heir of every Man the dearest Thing he hath. Nothing so grievous, as Wardship: But a Grief, no Wrong ; therefore offered to the King's Grace, not to his Justice. It hath been endured by our Ancestors, by ourselves. -

Concerned the King in Two Sorts: 1. Revenue. 2. Reward to the Officers of the Wards. -

Discharge of the Wardship of meane Lords. -

A Petition, no Bill: A Petition of Licence to treat.

Lord Chancellor - The Lords Answer. -

The Lords had as much Feeling, with a double Respect; because their Families were planted in Honour. -

The Matter of Respite of Homage. - The King interessed in Honour, and Profit.

Respite of Homage to be coupled in the Petition with the Matter of Wards.

The Lord Treasurer: - Respite of Homage, by his Majesty's special Direction, to be taken Order [a]. -

An Order taken likewise, for Grievance of Purveyors, and Cartakers.

They did not intend to decry or dismiss the King of his Prerogative. -

The Matter of Purveyors to be reformed by Law, and not by Petition.

Another Thing moved by One of the Lords, which Sir Fr. doth report, not deliver as a Message.

Three Points: His Affection to the House : His good Wishes unto it: The King's Benefits.- -

The Peace: The Latitude and Prospect of that Peace. - The King born for us. A People may be without a King: No King not without a People. - Correspondence: -

1. In Modesty. - Our Desires limited.

2. Plainness: - Naked Truth.

Privilege - Jurisdiction in Elections.

. . Order, the Band and Ornament of all Societies. -

That Lord remembered Sir Fr. Goodwyns Case,' as a Thing he heard at large. He desired to know it from the House. They said they had no Authority to treat of that. -

The Conferrers to meet this Afternoon about that Matter.

Conferences.

In a Conference, none but the Committee to be admitted.

Purveyors.

Resolved, upon the Question, That the Matter of Purveyors shall proceed by Bill.

Wardship.

Mr. Attorney General and Mr. D. Hone bring a Message from the Lords; with what Acceptation they took the Motion Yesterday, not only for the Matter, being of Weight, but for the Manner. Touching Wardship; [b] as Matters of Wrong, but of Grief; by Grace, not by Justice. Lords propounded Respite of Homage. - As they are zealous of the Furtherance, so they are jealous of any Impediment:

Privilege - Jurisdiction in Elections.

They desire, that the former Committees may have Authority to treat of the Matter of Sir Fr. Goodwyn first of all.

Ditto.

Mr.. . - Not to give Account to the Lords, but to the King; and Mr. Speaker, for that Purpose, to have Access. -

The King offering a Liberty, by his Proclamation; take heed, lest we cross him, in bringing ourselves into Bondage. -

The Judgment, touching Sir Fr. Goodwyn, cannot, nor ought not, to be reversed by us. -

27 Eliz. a Bill brought from the Lords, and here rejected. The Lords demand a Reason: The House refuseth it.

Resolved, upon the Question, That no Conference shall be had with the Lords, touching the Matter of Sir Francis Goodwyn.

The Answer of this to be sent by some Committees. The Commission to the Committees : The House doth conceive, that it doth not stand with the Honour and Order of the House : If they have a Purpose to confer for the Residue, that then they will be ready.

Prohibitions.

The Bill for Costs in a Prohibition . - The first Reading.

Manors. &c.

An Act for the Preservation of Manors, and Copyhold Lands.

Brewers.

An Act for the Reducing of those, who exercise the Trade of brewing within London, the Suburbs, and Two Miles thereof, into the Company of Brewers, and to be ruled and governed by the Orders of that Company . - The first Reading. - Rejected.

Privilege - Jurisdiction in Elections.

Upon the Message, sent to the Lords, touching Sir Fr. Goodwyn, Mr. Secretary Herbert returned, that the Lords would presently send down, to let the House know what they conceive.

Mr. Attorney-general, Mr. D. Hone, Mr. D. Carewe, Mr. Tyndall, bring a Message from the Lords ; That his Majesty having Notice of this particular Matter by the Return of the Sheriff, his Majesty thinketh himself touched in Honour, that this House would have some Conference, touching that Matter of Buckinghamshyre particularly. That it was his Majesty's Pleasure to desire such a Conference.

Hereupon the House conceiving this to be an extraordinary Course, and the Time being somewhat spent, they appointed to meet the next Morning at Six a Clock, to consider, what were fittest to be done in this Case.