House of Commons Journal Volume 1: 13 April 1604

Veneris, viz. 13o Die Aprilis, 1604

Vernon's Writ of Error.

L. 1. B. 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 Mountgomerie, 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 Mountgomerie.

Commisaries Courts.

The Committee for Commissaries Courts, growing first upon Sir Edward Mountague's Motion, to meet To-morrow, at the usual Time, in the Exchequer Chamber.

Nevill's Estate.

L. 1. B. For Explanation of a former Act, made in the Forty-third Year of the late Queen Elizabeth, 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 Allesly and Filloughley in the County of Warwick.

Forcible Entries.

B. Concerning forcible Entries, reported from the Committee, with Amendments; the Amendments twice read; and, upon Question, to be ingrossed.

Cardigan Election.

Mr. Serjeant Snig maketh Report of a Case, referred to the Committee for Returns and Privileges; viz. touching a Difference in the Election of a Burgess for the Town of Cardigan in Wales: And, first, reciteth the Effect of the Statutes directing the Form of chusing a Burgess for the Parliament, in every Shire in Wales, in these Words:

Anno 23 H. VI. cap. 18. The Sheriff, after the Receipt of the Writ, to, chuse a Knight and Burgess for the Parliament, &c. shall deliver, without Fraud, a sufficient Precept, under his Seal, unto the head Officer of the Shire Town of the said County; reciting, in the said Precept, the said Writ of Parliament, commanding him, by the said Precept, to chuse One Burgess for the said Shire Town: And that the said head Officer shall lawfully return the said Precept to the said Sheriff, by Indenture between the said Sheriff and they of the said Election, and of the Name of the said Burgess so by them chosen.

35 H. VIII. cap. Forasmuch as the Inhabitants of all Cities and Boroughs, in every of the Twelve Shires of Wales, not finding Burgesses for the Parliament themselves, must bear and pay the Burgesses Wages, within the Shire Towns of and in every the said Twelve Shires in Wales, the Burgesses of every of the said Cities, Boroughs, and Towns, which be, and shall be, contributory to the Payment of the Burgesses Wages of the said Shire Towns, shall be lawfully admonished, by Proclamation, or otherwise, by the said head Officer of the said Town, to come and give their Elections for the Electing of the said Burgesses, at such Time and Place lawful and reasonable, as shall be assigned for the same Intent by the said head Officer of the said Shire Town : In which Election the said Burgesses shall have like Voices and Authority, to elect, name, and chuse, the Burgess of the said Shire Town, like, and in such Manner, as the Burgesses of the said Shire Town have.

See 8 H. VI. cap,. 7. 33 H. VI. cap. 15 for the Penalty of the Sheriff in doing contrary to the Statutes made for the Electing of a Burgess for the Parliament.

THE CASE.

Sir Richard Price Knight, Sheriff of the County of Cardigan, according to these Statutes, general and usual for all Wales, after the Receipt of the King's Writ, for the Choice of a Knight for the Shire, and Burgess for the Town of Cardigan, made forth his Precept to the Mayor of Cardigan, being Mayor of the Shire Town ; who, according to these Statutes, made Proclamation.

The Sheriff of the Shire, minding to make Choice of a Friend of his, notwithstanding this his Precept proceeds to the Election of another in Aberistwith, One of the contributory Towns; and receives the Return of the Indentures, made between him and the Mayor of Aberistwith, and others, having Voices in the said Election, this being in the Sheriff's County then held in Aberistwith; by which Indentures Richard Delabere Esquire is returned Burgess elected for Cardigan.

The Mayor of Cardigan, being Mayor of the Shire Town, returns his Election, lawfully made, according to the said Statutes, by Indenture, wherein William Bradshawe Esquire, resiant within the Town of Cardigan, is elected: The Sheriff returns both the Indentures.

This being the Truth of the Case, and debated by the Committees , the Reporter said, they were clearly of Opinion, that Mr. Bradshawe was lawfully elected, returned, and ought to be sworn , and the Sheriff to be censured, according to the Course of the House in such Cases of Offence of Sheriffs.

Whereupon Mr. Speaker requiring the Opinion of the House, they assented ; and Mr. Bradshawe was sworn, and admitted : And, besides, it was ordered, That Mr. Speaker should direct his Warrant to the Serjeant of the House, for attaching the Body of the said Sheriff, as in the like Cases is usual : Which was accordingly done, in this Form :

WHEREAS Two several Indentures have been returned, of the Election of the Burgess for the Town of Cardigan in Wales ; the One between the Mayor and such of other contributory Towns, as ought to be warned, and were warned, and made Election duly, on the one Part ; the other between the Sheriff and certain Electors, unduly procured by himself, at Aberistwith, a contributory Town, contrary to the Statutes of 23 H. VI. and 35 H. VIII. Which said Election of the Sheriff, as also the Return thereof, upon Complaint made to the Commons House of Parliament, being adjudged insufficient and void ; it is this Day ordered. That the Serjeant of the House shall forthwith repair into the said County, and bring with him the Body of the said Sheriff, to appear, and answer his said undue Election and Return, and such other Matters, as shall be objected against him.

Directed : Ed. Phelips, Speaker.

" To my loving Friend Mr. Roger

Wood Esquire, Serjeant of the

Commons House of Parliament."

In this the Serjeant used a Deputy, being daily attendant upon the House himself.

Lucas's Restitution.

B. For Restitution of Thomas Lucas, Gentleman, in Blood.

Pagett's Restitution.

B. For Restitution of William Pagett, only Son of Thomas late Lord Pagett, reported from the Committee by Sir Robert Wroth, without Alteration.

Outlaws not to be in Parliament.

B. For disabling outlawed Men to be of the Parliament, reported by Sir Geo. Carewe, with Amendments ; which being twice read, the Bill ordered to be ingrossed.

Shrewsbury Election.

The Manner of the Election and Return of the Burgesses for the Town of Shrewsbury, falling into Question between Mr. Serjeant Harris the younger, and Mr. Barker; the Case was opened to the House by Mr. Tate, and argued pro & contra by sundry Members of the House.

The Case being this : That, upon the first Writ of Election, Choice was made of Mr. Barker, and an Indenture returned, and delivered by Mr. Barker himself to the Clerk of the Crown : the Sheriff afterwards procureth Mr. Serjeant Harris to be chosen; and returneth and justifieth another Indenture, made between the Electors and himself; which is not according to the Statute of Election, of 23 Eliz.

So as hereupon, after great Dispute, sundry Questions were agreed on, and made :

1. Q. Whether the first Indenture between the Sheriff and Bailiffs; and,

2. Q. Whether the Indenture between the Sheriff and the Electors ; shall be accepted by the House?

And Resolved, upon these Questions, that neither ought to be accepted ; and so both the Returns damned.

A Third Question was made :

3. Q. Whether a Warrant shall issue for a new Writ?

4. Q. Whether the Sheriff shall be sent for by Warrant directed to the Serjeant of the House ? And both Questions resolved in the Affirmative.

The Warrant for a new Writ was in this Form :

WHEREAS Two several Indentures have been lately made, concerning the Election of Burgesses for the Town of Shrewsbury; one between the Bailiffs and Burgesses of the said Town, and the other between theSheriff of the County, and sundry the Burgesses of the said Town; the first whereof being not returned by the Sheriff, but disavowed by his Deputy, the other returned by him, are both, by the Commons House of Parliament, conceived and adjudged to be insufficient: It is therefore required, on the Behalf of the said House, that a new Writ be forthwith awarded, for a new Election of Burgesses to be made for the said Town. And this shall be your Warrant.

Directed : Edw. Phelips, Speaker.

" To my very loving Friend

Sir Geo. Coppin Knight,

Clerk of the Crown in the

Chancery."

King's Answer to Message.

Mr. Speaker returneth to the House the Effect of his Message of Thanks delivered the last Day, in the Name of the House, to his Majesty; as also of his Majesty's Answer; viz.

" That he related to his Highness the humble and dutiful Acceptation of what his Majesty had done, together with the humble Thanks of the House for his zealous and paternal Delivery of his Grace unto us by his own Mouth; what Wonder they conceived in his Judgment; what Joy in his Grace; what Comfort they had in his Justice; what Approbation they made of his Prudence; and what Obedience they yielded to his Power and Pleasure.

That his Direction gave all Men Satisfaction; that they were determined to pursue the Course he had prescribed ; that now they were become Suitors, he would be pleased to receive a Representation of the humble Thanks and Service of the House.

His Majesty answered. That, upon this second Access, he was forced to reiterate what he had said before: That this Question was unhappily cast upon him; for he carried as great a Respect to our Privileges, as ever any Prince did : He was no Ground-searcher: He was of the Mind, that our Privileges was his Strength: That he thought the Ground of our Proceeding was our not understanding, that he had intermeddled, before we had decided: That he thought also, we had no wilful Purpose to derogate any thing from him; for our Answer was a grave, dutiful, and obedient Answer.

But as the Devil had unhappily cast this Question between them, so he saw God had turned it to Two good Ends and Purposes :

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

2. Another, that he had so good an Occasion to make Testimony of his Bounty and Grace.

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

Union, &c.

The second Part of his Speech, directed to the Lords and Us:

That this Parliament was not like to be long.

That we would treat of such Matters, as most concerned the Commonwealth; and the last, of any thing that concerned himself.

Three main Businesses in our Hands:

1. The Union.

2. Sundry publick and Commonwealth Bills.

3. Matter of Religion, and Reformation of Ecclesiastical Discipline.

For the Union, that it might be now prepared, and prosecuted the next Session. - That Union, which with the Loss of much Blood, could never be brought to pass, as now it is. That, the better to bring it to pass, we should be in Affections united.

That we should first, with all Care, proceed in such Laws, as might concern the general Good.

That all Heresies and Schisms might be rooted out; and Care taken, to plant and settle God's true Religion and Discipline in the Church.

That his Wish, above all things, was, at his Death, to leave, 1. One Worship to God: - One Kingdom, intirely governed; - One Uniformity in Laws.

Lastly, that his Occasions were infinite, and much beyond those of his Predecessors; and therefore, that, in this first ParMaiweat, we would not take from him that, which we had yielded to others.-.

That, in his Affections, he was no way inferior to others, nor in his Desire to ease us."

Warrant for new Writ.

The Warrant, for a new Election of a Knight for Buck' read, and allowed in this Form:

WHEREAS the Right honourable Sir John Fortescue Knight, Chancellor of his Majesty's Duchy of Lancaster, and Sir Francis Goodwyn Knight, have been severally elected and returned Knights of the Shire for the County of Buck to serve in this present Parliament; upon deliberate Consultation, and for some special Causes moving the Commons House of Parliament, it is this Day ordered and required by the said House, that a Writ be forthwith awarded, for a new Election of another Knight for the said Shire. And this shall be your Warrant."

Directed:

" To my very loving Friend Sir Geo. Coppin Knight,

Clerk of the Crown in his Majesty's High Court

of Chancery."

Privilege-Person committed by Lord Chancellor.

Sir Edward Hobby maketh Report of his Message, done from the House to the Lord Chancellor; with my Lord Chancellor's Answer, why he sent Sympson to Prison : Because (he said) the Arrest being made upon the Day of his Majesty's Entrance, he thought none, but hollow Hearts, would so far contemn such a Day, as disturb his Majesty's Servants in their Attendance, and the Solemnity of that Day ; and therefore Discretion, as his Majesty's Officer, did it [b].

Privilege-Arrest of a Member.

Counsel in Sir Thomas Shirley's Case came to the Bar. Mr. Geo. Crook, for the Privilege of Sir Thomas Shirley: - -

Said, it was but a Suspension of the Debt pro tempore: - Cited Precedents :

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

30 H. VIII. Ferrers his Case :- - Hollinshead's Chronicle.

The Case of Hurleston's Servant, in the Queen's time ; His Body freed ; but his Lands and Goods subject.

Mr. Stafferton for the Warden of the Fleet : -

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

Ordered, upon this Argument, That Simpson, at whose Suit, and Watkins, the Serjeant, that made the Arrest, should be committed to the Prison of the Tower.

The Counsel in this Case, on all Parts, to be further heard on Monday next, at Eight a Clock in the Morning.