House of Commons Journal Volume 1: 26 March 1604

Lunae, viz. 26o Die Martii

Liberties of the Subjects.

L. 1. B. TO confirm unto the Subjects of the Realm their ancient Liberties.

Forcible Entries.

L. 1. B. For Explanation of the Statute of forcible Entries, made 8 H. VI.

Hats, &c.

L. 1. B. For the true Making of Hats and Caps.

Interrupting Members when speaking.

Mr. Hext moveth against Hissing, to the Interruption and Hindrance of the Speech of any Man in the House; taking Occasion from an Abuse in that kind offered on

Saturday before : A thing (he said) derogating from the Dignity, not beseeming the Gravity, as much crossing and abasing the Honour and Privilege of the House, as any other Abuse whatsoever.

A Motion well approved.

Irish Servitors.

Sir Oliver St. John moveth touching the Wants and Miseries of Irish Servitors in the late Rebellion; and taketh occasion to relate the Beginning, Continuance, and Danger, with the several Passages of the Rebellion, the Difficulties and the Success of it, her late Majesty's Charge, and the unwonted and unheard-of Insolency of the Rebel:

Remembereth also the last Exploit of Invasion by an Army of Five thousand Spaniards, with the Glory of the prevailing Power against them; adding, that her late Majesty's Honour being, by this Rebellion, somewhat

eclipsed, it pleased God to continue her Days, till the misty Clouds of that Eclipse were dispersed, and the Wars ceased. In these Wars the Service of many Captains, and Instruments of especial Worth and Note (he said) was known to be used ; some spent their Fortunes, their best Means, and Time, to do her Majesty Service there; some received Wounds and Maims in their Bodies, and were disabled to do other Service for their present Relief and Maintenance: Their Recompence was prevented by her Majesty's Death. In this Alteration of State they were least thought on; most of them like to perish for Want (more grievous to them, than to any other Rank of men) and all of them humble Suitors, and he for them, to this Assembly, to consider of the fittest Course to be taken for their Relief: Wherein, if his Motion were liked, he prayed, that a Committee might be named, to take Understanding of such Particulars of their Want, or of Project for their Relief, as should be opened unto them, and out of their own Sense and Experience be found out.

To this the House assented; and for that Purpose, named, all the Privy Council of the House, the Lord Buckhurst, Sir Geo. Carewe, Vicechamberlain to the Queen, Sir Oliver St. John, Sir Fr. Bacon, Sir Roger Wilbraham, Sir John Scott, Sir Henry Nevill, Sir John Hollis, Sir Edw. Stafford, Sir Valentine Knightley, Sir Edw. Grevill, Sir Robert Wroth, Sir Edward Hobby, Sir Roger Aston, Sir Tho. Walsingham, Sir Tho. Waller, Sir William Burlacy, Sir John Leveson, Mr. Allen Percy, Mr. Wiseman, Mr. William Lowre, Sir Philip Herbert, Sir Robert Nappier, Sir Roland Litton, Sir Geo. Moore, Sir Robert Stapleton, Sir Richard Leveson, Sir Nicholas Saunders, Sir Edw. Grevill, Sir Tho. Denton, Sir Arthure Atye, Sir Lewis Lewknour; the Knights of all Shires, One Citizen of every City.

Which Committees were appointed to take into Consideration the divers Merits, Wants, and Miseries, of English Captains, that have served in the Irish Wars, and of others, as are of the Quality of Captains; viz. Officers ot the Army, Serjeant Majors of Regiments, Lieutenants of Colonels Companies, Constables of Wards, &c. And also to consider of the fittest Course for Relieving of their Wants, and providing for their Miseries : And were to meet on Friday next, at Two a Clock in the Afternoon, in the Star-chamber.

Wardship.

Sir Francis Bacon, One of his Majesty's Counsel learned, maketh Report of the Meeting of the Committees, touching the Matters formerly propounded by Sir Robert Wroth, and of the first Endeavours and Travel in the Point of Wardship of Mens Children ; relating briefly, what was said pro et contra ; viz.

1. That it was a Thing never petitioned ; never won of any King.

Answ. But having his Ground from the Tenure of Scutagium, Voyage Royal in Escosse, that now determines, by his Majesty's Possession of the Crown.

2. Next, the King's Honour was considered.

Answ. It was the greatest Honour to govern Subjects moderately free.

3. The Justice of the Matter was propounded, in respect it concerned divers Officers in their Right of Credit, of Profit, &c. divers meane Lords in their Right of Possession, of Interest, &c.

Answ. This House may take away the Office, the Countenance, the Credit of any Man: But that Power the House hath always used tenderly. This no new thing; for King Henry VIII. King Edward VI. and Queen Mary, had a Power granted them by Parliament to dissolve the Court of Wards. That the Intention of the House was, that both the King and rneane Lords should be comprehended.

The first Resolution was for the Matter, that Petition should be made to the King: Then for the Manner, it was debated : 1. Whether first to agree upon the Plot, and to offer to the King the Matter plotted : 2. Or first to ask Leave to treat; and then, whether first to pray a Conference with the Lords, touching a Petition to be offered to his Majesty for Liberty to treat. Which last was thought the best Course, and so resolved by the House.

Common Prayer.

Here was, moreover, read, and delivered to the House by another of the Committees, a Paper, containing certain Heads of Agreement by the Committees, appointed for the Consideration of the same Particulars on Friday last; and was to this Effect:

1. Concerning the Confirmation of the Book of Common Prayer, it was agreed by the Committees then present, That a select Number of themselves (viz. Sir Francis Bacon, Mr. Francis Moore, Sir Henry Mountague, Mr. Serjeant Dodridge, Mr. Serjeant Tanfield, Mr. Fuller, Mr. Wentworth, and Mr. Lawrence Hyde, or any Four of them) shall peruse the Book of Common Prayer, now newly imprinted, and capitulate the Alterations of the same, and bring them in Writing to the said Committees, together with their own Opinions of the said Book, upon Wednesday next at Two a Clock in the Afternoon, in the Exchequer; unto which Time and Place the said Committee was then adjourned.

Committees.

Note, That Committees, being once named, and a Place appointed for their Meeting, by the House, may, from time to time, until the Report of their Proceedings be made, adjourn, and alter their Place and Time of Meeting, and select such Subcommittees from amongst themselves, as they shall find Cause, for any particular Purpose or Service, to be assigned by themselves, or the House, upon their Report.

Wardship.

2. Concerning the Wardship of Mens Children, it was agreed, that the House should be moved this Day, touching a Conference to be had with the Lords, for joining in a Petition to the King's Majesty, That he would be pleased to give them Leave to enter into Consideration of some Project of Recompence to be given to his Highness, for easing the Subjects in the Wardship of their Children for their Bodies and Lands.

Purveyors, &c.

3. Concerning the Abuses of Purveyors and Cartakers, it was agreed, That Mr. Serjeant Tanfield, Mr. John Hare, Mr. Hyde, and Mr. Fuller, or any Three or Two of them, shall draw a Bill for the Restraint of Purveyors and Car-takers, &c. and to peruse all former Statutes that do concern them ; as also to consider of a Bill to that Purpose, offered by Mr. Hyde; and to report their Doings at their next Meeting on Wednesday as before, for the Book of Common Prayer.

Monopolies.

4. For Monopolies, it was agreed, That those which Monopolies, find just Cause of Grievance shall bring in their Complaints in Writing; to the end they may be understood and considered of by the Committees, and a Law thereupon framed according to the Cause.

Penal Statutes.

5. Touching Dispensation with penal Statutes, it was agreed, That a Bill (intituled, An Act for better Execution of Penal Statutes) this Day tendered to the Committee, should be offered to the Consideration of the whole House, there to receive the ordinary Course, as other Bills do.

This being read by the Clerk; Sir Henry Nevill offereth a Motion touching Two important Causes to be considered of by the House; viz.

Treasons.

1. A Declaration of all Kinds of Treasons.

King's Grants.

2. An Explanation of certain Maxims of the Common King's Law, concerning the King's Grants : Which, he prayed, together with the Matter of Wardship, might be considered of, and remembered by such Committees as should be named for the Conference to be had with the Lords, touching the Matter of Wardship. But it was thought fit, that the Matter of Wardship only, and nothing else, should be handled in that Conference:

Conference

And Twenty-four were presently named, to be sent to the Lords, to pray a Conference ; viz. All the Privy Council of the House, Sir Geo. Carew, Vice-chamberlain to the

Queen, Sir Fr. Bacon, Sir Tho. Fleming, Sir Edwyn Sandis, Sir John Hollis, Mr. Fr. Moore, Sir Jerome Bowes, Sir Fr. Hastings, Mr. Serjeant Dodridge, Sir John Scott, Sir Richard Leveson, Sir Edw. Mountague, Mr. Serjeant Tanfield, Sir Geo. Moore, Sir Arthure Atye, Sir Robert Wroth, Sir Henry Mountague, Sir John Thynne, Mr. Fuller, Sir Henry Nevill, Sir Tho. Lake, Mr. Fr. Clifford, Sir Robert Wingfield, Sir Edw. Hobby, Sir Maurice Berkley.

Treasons. -King's Grants.

For the Motion made by Sir Henry Nevill, were also presently named Committees; Sir Geo. Carew, Vice-chamberlain to the Queen, Sir Roger Wilbraham, Master of the Requests, all the Serjeants at Law of the House, Sir Fr. Hastings Sir Henry Nevill, Mr. Martyn, Mr. Diet, Sir Tho. Holcroft, Sir Roger Aston, Mr. Fr. Tate, Sir Edw. Hobby, Sir Tho. Hesketh, Attorney of the Court of Wards, Sir John Bennett, Sir Tho. Freake, Sir Walter Cope, Sir William Fleetwood, Sir Henry Mountagu, Sir Tho. Lake, Sir Henry Bromley, Sir Vincent Skynner, Sir Tho. Waller, Mr. Clifford, Sir Fr. Fane, Sir Geo. St. Poole, Sir William Harvey, Mr. Brock, Sir Edw. Grevill.

Which Committees were appointed to advise and consider of the Matters by him moved; namely,

1. A Declaration of all Kinds of Treasons.

. . An Explanation of certain Maxims of the Common Law, touching the King's Grants.

And to meet on Saturday, at Two a Clock in the Afternoon, in the Middle Temple Hall.

Shrewsbury Election.

Mr. Serjeant Hobart informeth the House of the late Election. undue Election and Return of the Burgesses of Shrewsbury ; the Indentures being returned and brought into the Crown Office by the Parties themselves, and not by the Sheriff; urging, that all Returns not made by the Sheriff, are void; and wisheth, that for the Honour and Privilege of the House, the Matter might be examined ; and that the Parties might forbear to sit in the House, until the Cause were considered of, and the Difference determined. To which Motion the House did not assent; but, upon Answer made at large by Mr. Francis Tate, a Counsellor at Law, and One of the Burgesses returned for the said Town, delivering the Circumstances and Particulars of the Election, of his own Knowlege, the Matter was referred to the Examination and Report of the Committees for Returns and Privileges, Vide Fol. * *

Wardship.

The Manner of Proceeding in the Matter of Wardship was further questioned; and being by general Opinion thought fittest to proceed by way of Petition to the King; viz. That his Majesty would be pleased to give Leave to treat, &c. it was first propounded, as necessary, That the Lords, being Part of the Body and sensible of the same Burden, should join in Petition; and for that Purpose, the House presently to pray a Conference with their Lordships: Which, upon the Question, being resolved, Sir John Stanhope Knight, Vice-chamberlain to his Majesty, accompanied with the Twenty-four Committees formerly named, by special Commission and Message delivered to their Lordships the Desire and Pleasure of the House accordingly; and, upon his Return, reported for Answer from their Lordships, That they liked and well approved the Care and Respect of the House, in the Course they took, to pray such a Conference ; and that they would willingly and readily join with them in that or any other Thing, which might so much concern the common Good; and, for their Number, Time, and Place of Meeting, send Answer by Messengers of their own.

Prisoners.

L. 1. The Bill authorizing Justices of Peace to deliver certain Prisoners out of Gaol; and for the Placing and Settling of poor Prisoners after their Delivery.

Conference-Wardship, &c.

Sir John Popham Knight, Lord Chief Justice of England, Sir Christopher Yelverton Knight, One of the J udges of the Common Pleas, Sir John Crooke, Knight, Deputy Chancellor of his Majesty's Court of Exchequer, and One of the King's Serjeants at Law, and Sir Richard Swale Knight, Doctor of the Laws, and One of the Masters of his Majesty's Court of Chancery, came down in Message from the Lords: and delivered, That whereas it pleased the House to pray a Conference, touching their Lordships joining with them in Petition to his Majesty for Leave to treat of Matter of Wardship, &c. that their Lordships had commanded them to make known unto them, how well they liked and how willingly they entertained their careful Consideration and Motion in that Matter, as in all other Matters of like Importance; but desired, that some Things else of the same Kind, and of as great Weight and Moment, might be drawn into Consultation, together with the other, at the same Conference; as namely, Respite of Homage, Licence of Alienation, &c. as also the general Abuse, so much complained of, of Purveyors and Car-takers; of which Grievance, they said, the Lords themselves had as much Feeling as any whosoever; and wished, that therein such an Order, Proportion, and Certainty, might be established, as his Majesty might be better served, his Prerogative preserved, and the Country eased : And this they desired might be debated in the intended Conference : And said further, that their Lordships had named Thirty of that House, to meet with such Number of this House, at the said Conference, as should be thought fit. The Place and Time to be in the Painted Chamber, at Two a Clock in the Afternoon.

To this the House assented, and gave Answer by Mr. Speaker, that they would attend the Conference with their Lordships; with the Number of Sixty, at the Time and Place desired.

And to join with the Twenty-four Committees formerly named, and sent up to the Lords, were presently added, for the said Conference, Sir Henry Hubbard, Sir William Killigrew, Sir Thomas Somerset, Sir William Herbert, Sir William Harvey, Sir Philip Herbert, Sir Edw. Herbert, Sir Tho. Ridgeway, Sir Robert Oxenbridge, Sir Valentine Knightley, Sir Fr. Goodwyne, Sir Fr. Barrington, Sir Roger Aston, Sir Edw. Stafford, Sir Robert Cotton, Mr. Allen Percy, Sir William Woodhouse, Sir Roger Wilbraham, Sir John Townsend, Sir Oliver St. John, Sir Robert Needham, Sir Edm. Bowyer, Sir Tho. Jermin, Mr. Geo. Smyth, Mr. Martyn, Sir Anth. Rowse, Sir Maurice Berkley, Sir Henry Carye, Mr. Robert Askwith, Mr. Lawrence Hyde, Sir Edw. Grevill, Mr. Fr. Moore, Sir Thomas Mounson, Sir John Savill, Mr. Nath. Bacon, Sir Nicholas Saunders, Sir Roland Litton, Sir Charles Cornwallis, Sir John Leveson, Sir John Thynne. And these Committees, besides the Matter of Petition to the King, touching Wardship, had Warrant and Authority from the House, to treat and debate of whatsoever should be accidentally propounded, ar arise by Occasion, in the said Conference.

Proportion of Members at Conferences.

Note, As an ancient Rule of the House, that, upon any Conference, the Number of the Commons named for the said Conference, are always double to those of the Lords; and the Place and Time of Meeting appointed by the Lords.