House of Commons Journal Volume 1: 16 April 1604

Lunae, 16o Aprilis, 1604

Letters Patent.

B. FOR Explanation of the Common Law in certain Cases of Letters Patents, upon a second Reading, committed to all the Privy Council being Members of the House, all the King's learned Counsel, the Queen's Attorney, Mr. Pettus, Sir Francis Bacon, Mr. Yelverton, Sir Nicholas Saunders, Sir Edward Littleton, Mr. James, Sir Geo. Moore, Sir Charles Cornwallys, Mr. Nath. Bacon, Mr. Fuller, the Citizens of Worcester, Mr. Hyde, Mr. Wyseman, Sir Roger Aston, Sir Edward Mountague, Mr. Gore, Sir Geo. Carewe, Sir Henry Billingsley, Mr. Martyn, Sir John Bennett, Sir Jerome Bowes, Mr. Wymark, Mr. Recorder of London, Mr. Francis Moore, Sir Robert Knollys, Sir Henry Nevill, Sir Thomas Holcroft, Mr. Serjeant Tanfield: - To meet To-morrow in the Exchequer Chamber.

Homage, &c.

L. 1. B. For the due Receiving of Homage and Fealty by the Lord Great Chamberlain of England, for and in the Behalf of the King's Majesty.

Religion.

Moved by Sir Francis Hastings, that a Select Committee might be named, to consider of the Confirmation and Re-establishing of the Religion now established within this Kingdom; as also of the Settling, Increasing, Maintaining, and Continuing of a learned Ministry ; and of whatsoever else may incidentally bring Furtherance thereunto.

Upon this Motion, before the House assented to name a Committee, were interposed some other Motions; viz.

First, by Mr. Martin, That some Course might be thought on, for more Certainty and less Confusion in Naming of Committees.

To that Purpose he offered this Project, That Three Urns or Pots might be provided; and in One Pot the Names of Knights, in another of Citizens, in the third the Names of Burgesses, be put; and that, upon every Committee proposed, a young Boy might put in his Hand, and take such a Number forth, as the House should direct; and those Names to stand, and be entered (by way of Lottery) for the present Committee.

This Project was not generally approved ; but it was thought fit presently to name a Committee to consider of this, and to bethink themselves of any other, likely to give Satisfaction to the House in this Point; viz. Mr. Martin, Sir Francis Bacon, Sir Geo. Carewe, Sir Robert Nappier, Sir Edw. Stafford, Sir Robert Wing field, Sir Henry Nevill, Mr. Nath. Bacon; - To meet this Afternoon in the Exchequer Chamber.

Union with Scotland.

The Report of the Lord's Declaration, touching the Matter of the Union, according to former Order, being expected to be made by Sir Henry Mountague; it was moved, that some of the Committee might presently retire themselves into the Committee Chamber, and prepare the Report to be made. And to that Purpose were named, Mr. Secretary Herbert, Sir Geo. Carewe, Sir Robert Wingfield, Sir Geo. Moore, Sir Henry Nevill, Sir Henry Mountague, Sir John Hollis, Sir Edward Grevill.

Commissaries Courts, &c.

Mr. Speaker publisheth to the House, that he understood by Message from his Majesty, that he had taken

Knowlege of the Complaints made against the Proceedings of Commissaries Courts, and of their Desire to treat, touching a Reformation of Matters of Religion. Before they intermedle with these things, he wished, they would confer with the Members of the Convocation House.

Upon this Message, there grew some Dispute ; and it was urged, that there was no Precedent of any Conference with a Convocation.

But it was said, they would be ready to confer of any Matter of that Nature with the Bishops, as Lords of Parliament ; and wished, that so much might be made known to his Majesty.

Sir Thomas Crompton, a Civilian, and the King's Advocate, offering to make some Apology for the Commissaries Courts, &c. in his Speech confesseth, that he had conferred with some of the Bishops touching them : Which was taken to be a Disclosing of the Secrets of the House; and was therefore moved, that he might answer it at the Bar, as a Contempt. Which by some was excused, that it was a Project only in his own Head; and he at length (according to the Justice of the House) was admitted to expound his own Speech; which was, that he did it as a Committee, in the general Cause of the Grievances of the House : And upon that was pardoned.

The Committee upon the former Motion, made by Sir Francis Hastings, was named; viz. All the Privy Council being Members of the House, Sir Francis Hastings, Sir Edward Mountague, Sir Robert Wingfield, Sir John Heigham, Sir John Hollis, Mr. Hyde, Sir Francis Barrington, Sir John Scott, Sir Edward Lewknor, Mr. Nath. Bacon, Sir William Stroud, Sir Roger Wilbraham, Sir John Leveson, Mr. Fuller, Sir Thomas Holcroft, Sir Geo. St. Poll, Sir Rich. Leveson, Sir Henry Nevill, Sir Rob. Wroth, the Lord Buckhurst, Sir Rob. Oxenbridge, Sir William Wray, Sir Tho. Knevytt, Mr. Wynch, Sir Phillip Kighley, Sir Francis Bacon, Sir Edw. Denny, Sir Valentyne Knightley, Sir William Liggon: - To meet Tomorrow in the Exchequer Chamber.

This Committee was also appointed to take into Consideration the Message from his Majesty, published by Mr. Speaker, touching the Discipline of the Church, Reformation of Religion, and Abuses of Commissaries Courts, and of all Particulars incident; together with the Proceeding of the former general Committee in the same Matters.

Bridewell Hospital.

L. 1. B. For the Confirmation of the Charter of the Hospital of Bridewell, founded by King E. VI.

Union with Scotland.

Sir Henry Mountague, Recorder of London, reporteth the Declaration of the Lords at their late Meeting, touching the Union.

[a] It was said, The Matter concerned not any one, but all; and was no more, than was already acknowleged by the Act of Recognition; namely, Union; in the Head, Sovereignty ; in the Body, Allegiance; in Religion, One; in Laws -

The Thing not new, but made long since; brought to pass by this King, which no Wit, no Policy, no Art of Man could ever bring to pass.

There was great Offence by the distinct Names: - That being heretofore Two in Name, they might both now be stiled by the Name of Great Britain.

His Majesty's Proposition was not only to the Lords, but to his Commons.

Secondly, the Name being imposed, the Laws, Rites, Customs, and Usages of both, to be considered by Commissioners, to be named out of the Lords, Bishops, Commons, Men of all sorts.

The Commissioners only to confer, not to resolve; but to report to the Parliament, and to be concluded in Parliament.

And for the present to consider only of the Name.

Upon this Report, this Matter of the Name was argued by Sir Edward Hobby, Sir Francis Bacon, and Mr. Serjeant Barker.

And after Argument Resolved, upon Question, to be further debated on Wednesday; and then to prepare for a Conference with the Lords. In the meantime, to let their Lordships know the Order and Resolution of the House, were sent in Message, Mr. Secretary Herbert, the Lord Buckhurst, the Lord Clynton, Sir George Carewe Vice-chamberlain to the Queen.

Privilege-Arrest of a Member.

Moved, that a Bill might be drawn in the Matter of Privilege - Sir Thomas Shirley; wherein was to be considered only Two things; Justice of Privilege, and Justice to the Party.

Precedents.

For better Information of the House, and Direction to Precedents, the Committees, certain ancient Precedents of Petitions to the Kings of this Realm, with Answer and Assent from the said Kings, in the very Point of Privilege, and of Arrest upon Execution, taken out of the Parliament Records in the Tower, u pon this Occasion were produced and read in the House, in Number Three, as followeth:

Ex Rotulo Parlamenti tenti apud Westm. 14 et 15 E. IV. per prorogationem, sexto die Junii, de anno quarto-decimo regni Regis Edwardi quarti, et per diversas prorogationes usque decimum quartum diem Martii, anno decimo quinto ejusdem Regis, continuati, &c.

PRAYEN the Commons in this present Parlement assembled, that forasmuch as William Hyde Esquire, Burgess of the Town and Borough of Chippenham in Wilteshire elect, came by your high Commandment to this your present Parlament, and attending to the same in the House for the Commons accustomed, after his said coming, and during this your said Parlement, was arrested at Lambehith, in the County of Surrey, by Colour of a Cap. ad Satisfaciendum, that was directed to the Sheriff of Middlesex, and so there, by mischievous Men, Murderers, unknown for any Officers, taken, and, without the Shewing of any Warrant, carried him to London, at the Suit of John Marshall, Citizen and Mercer of the same, for Sixty-nine Pounds, supposed to be due to him by the said William and for the same imprisoned in the Counter there, and from thence had to Newgate, as if he had been a Traytor, and then brought to your Bench, afore your Justices, and by them remitted to Newgate, and there in Execution for the said Sixty-nine Pounds, and for a Fine or Fines that belongeth to your Highness, by Mean and Cause of the said Suit and Condemnation, or for other Suits : and also for four Pounds Six Shillings Eight Pence, in which he was condemned to Thomas Gay the younger, Citizen and Taylor of London, in an Action of Debt; and so for the Premises in the said Prison of Newgate is retained, to great Delay and Retardation of Proceeding and good Expedition of such Matters and Besoignes, as for your Highness, and the Common Weal of this your Realm, in this your present Parlament were to be done and sped : It please your Highness, by the Advice and Assent of the Lords Spiritual and Temporal in this present Parlement assembled, and by Authority of the same, to ordain and stablish, that your Chancellor of England have Power to direct your Writ or Writs to the Sheriff of London, commanding them, and everich of them, by the same, to have the said William Hyde afore him, without Delay; and then to dismiss him at large, and to discharge the said Sheriffs, and everich of them, of him, of and for every of the Premises, so that the said William Hyde may attend to this your Parlement, as his Duty is to do: And that by the said Authority, neither your said Chancellor, Sheriffs, neither any of them, or any other Person, neither Persons, in any wise be hurt, endamag-ed, charged, neither grieved, because of the said Dismissing at large of the said William Hyde: And also to ordain by the said Authority, that your Right and Interesse be saved in this behalf; and that the said John Marshall, and Thomas Gay, and either of them, have Writ or Writs of Execution, in, of, and for the Premises, after the Dissolving of this present Parlyament, as plenarly, and effectually, as if the said William Hyde, at any time, for any

of the Premises, never had been Arrested; the said Arresting of the said William, and Committing of him to Ward, notwithstanding:Saving always to your Comens, called now to this your Parlement, and their Successors, their whole Liberties, Franchises, and Privileges, in as ample Form and Manner, as your said Commons at any time afore this Day have had, used, and enjoyed, and owe to have, use, and enjoy; this present Act and Petition in any wise notwithstanding.

R' Le Roy le voet.

Convenit cum Recordo,

Examinatur per Pe. Proby.

14o. Apr. 1604.

Ex Rotulo Parlamenti tenti apud Westm. de anno octavo regni Regis Henrici sexti.

8H. VI. Chanc. John, B. Ebor. Speaker, Wm. Alington.

PRIOUNT les Comes, que la ou un Wm. Larke, Servant a William Mildrede, venant al votre Court de icest Parlement pur le Cittee de Londrez, in le Service le dit William Mildrede alos esteant, per sotiell Imagination et Conjecture de un Margerie Janys fuit arrestes in le Court Labbe de Westm. Pipoudres per ses Officers illoeqes et dilloqes remove in votre Comen Bank, per Breve de Corpus cum Causa, al suit le dit Margerie, et per votrez Justices de votre dit Bank commaundez a votre Prisone de Fleet, et la in Prison deteynez a present, per force dun Judgement dones envers le dit William Larke in votre dit Bank per votrez ditz Justices, sibien au Cause que le dit William Larke fuist condemne al Suit de dit Margerie in votre dit Bank, in un Action de Trans. au cez Damages de 208 l. 6s, 8d. devant le Jour de Summons de icest votre Parlement, come pur Fyne a vous afaire, pour ceo que le Trans. fuit trove ove Force et Armes: Please a votre Royall Majestie de considerer, coment le dit William Larke, al Tempz de dit Arrest, fuit in la Service le dit William Mildrede, supposant verament, per le Priviledge de votre Court de Parlement, detre quietz de toutz Arrestes durant votre dit Court, forsprise pur Treason, Felonie, ou Suertie de peaz, dordeigner per Authoritie de mesme votre Parlement, que le dit William Larke purra estre deliverez hors de votre dit Prison de Fleet, le dit Condemnation, Judgement, et Execution, ou ascun dependents sur icell envers et sur luy nient obstant; salvant touts Foits au dit Margerie, et a suz Executors, lor Execution hors de dit Judgement envers le dit William Larke apres le Fyne de dit Parlement: Et auxi de granter per Authoritie suisdit, que nul de votrez ditz Lieges, cestascavoir Seigneurs, Chivaliers pur votres Countees, Citizens, Burgesses au votrez Parlements desore avenirs, loure Servants et Familiers, ne soient ascunement arrestes, ne in Prison deteynes, durant le tempz de votrez Parlements, sil ne soit pur Treason, Felonie, ou Suertie de Peaz, come desuis est dit.

Ro. Le Roy, per Advis dez Seigneurs Espirtuels et Temporels, et a lez especial Requests dez Comens esteants in cest present Parlement, et auxint del Assent du Con-selle du Margerye Janyes, nomes in in cest Petition, vont et graunt per Authoritie du dit Parlement, que William Lark nosme in la dit Petition, soit deliver au present hors de la Prison de Fleet; et que la dit Margerie, apres la Fyne de cest Parlement, ayt sa Execution del Judgement quel avoit envers le dit William in le Comen Bank, sicome il est conteynus in mesme la Petition, in mesme la Forme come el christ avoir eu, si son dit Judgement unques ne fuist executz : Et que les Judges del dit Bank facent au dit Magerie, apres la Fyne de cest Parlement, Execution de dit Judgement par Capias ad satisfaciendum, et per Exigent, et auxint facent Processe pur notre Seigneur le Roy, pur son Fyne envers le dit William, per Cap. et Exigent, sicome eux forroyent, si le dit William unques nust etre pris, ne imprisonne, per Cause du Judgement suisdit. Et oustre le Roy voet per Autoritie de mesme Parlement, que le Chanceller de Engleterre pur le Tempz esteant, dupuiz la Fyne du dit Parlement, face Commissions as diverse Persons per sa Discretion assignees, de prendre la dit William, et luy deliverer au Gardein de Fleet, qui soit tenuz de luy receyver, et garder, tanque gree fait al avandit Margerie de la Some per luy recover per la Judgement de suisdit, et au Roy de ceo qui a luy appertient cel part; et que icell Deliverance au dit Gardein soit de mesme Leffect pur la dit Margerie come serroit Execution pur luy fait per Capias ad satisfaciendum ; ascun Variance per la dit Petition ou Lendorsment dicell, et le Record du dit Recoverie, ou ascun autre Chose, nient contristeant. Et quant a la remanent de le Petition, le Roy sadvisera.

Convenit cum Recordo.

Examinatur per Pe. Proby, 14o die Apr. 1604.

Ex. Rot. Parlamenti tenti apud Westm. de anno tricesimo nono regni Regis Henrici sexti.

39o H. VI. Cane. Georg. Ep. Exon. Speaker, John Greene.

Item quaedam alia petitio exhibita fuit eidem Domino Regi, in Parlamento predicto, per prefatos Communes, sub eo, qui sequitur, tenore:

Pro Waltero Clerk, uno Burgen. pro presenti Parlamento.

To the King our sovereign Lord.

PRAYEN the Comens, forasmuch that great Delay been in this Parlament, be that Walter Clerk, Burgess of Chippenham in the Shire of Wiltes, which came by your high Commandant to this your present Parlement, and attending to the same in the House for the Comens accustomed, the Freedom of which Comens, so called, hath ever afore this Time been, and oweth to be, the same Comens to have free coming, going, and there abiding ; against which Freedom the said Walter was, after his said coming, and during this your present Parlement, arrested at your Suit, for a Fine to be made to your Highness, and imprisoned in the Counter of London, and from thence removed into the Exchequer, and then committed into your Prison of Fleet, as well for Eleven Pounds, in which he was condemned to your Highness, as also for Twenty Marks, in which he was condemned to Robert Basset, in an Action of Trans. and also for Twenty Pounds, in which he was condemned to John Payne, in an Action of Maintenance, and for the Fines due to your Highness in the same Condemnation; and sithence that Committing, the said Walter was outlawed at the Suit of the said John Payne, and for that, and other Premises in the same Prison of Fleet is retained, against the Liberties and Freedoms used, had, and enjoyed afore this Time by your said Comens: Please it your Highness, in eschewing the said Delay caused by the Premises, by the Avice and Assent of the Lords Spiritual and Temporal, in this present Parlament assembled, and by Authority of the same, to ordain and stablish that your Chancellor of England have Power to direct your Writ or Writs to the Warden of the said Prison of Fleet, commanding him by the same, to have the said Walter afore him, without Delay; and then him to dismiss at large, and to discharge the said Warden of him, of and for every of the Premises; so that the said Walter may tend daily of this your Parlement, as his Duty is to do: And that by the said Authority, neither your Chancellor, Warden of Fleet, nor any other Person nor Persons, in any wise be hurt, endamaged, nor grieved, because of the said Dismissing at large of the said Walter: Saving alway, as well to you our sovereign Lord, your Execution of your said Eleven Pounds, and of your said Fine, and all other your Interesse in that Part; as to the said Robert Basset and John Payne, and each of them, their Execution in the Premises after the Dissolving of this your present Parlyament; the said Arrest of the said Walter, and the said Committing and Prisoning of him to Ward, notwithstanding; al so plenarly and effectually, as if the same Walter at any Time, for any of the Premises, never had been arrested, nor committed to Ward: Saving also to your said Comens, called now to this your Parlement, and their Successors, their whole Liberties, Franchises, and Privileges, in al so ample Form and Manner, as your said Comens, at any Time afore this Day, have had, used and enjoyed,

and oweth to have, use, and enjoy ; this present Act and Petition in any wise notwithstanding.

Qua quidem petitione in parliamento predicto lecta, audita, et plenius intellecta, de avisamento et assensu Dominorum spiritualium et temporalium in dicto parlamento existentium, et ad requisitionem communitatis predictas, respondebatur eidem in forma sequenti:

Le Roy le voet.

Convenit cum recordo. Examinatur per Pe. Proby,

14o die Apr. 1604.

After these Precedents read, and some Consideration had, what was to be done, the House agreed upon Three Questions :

1. Whether Sir Tho. Shirley shall have Privilege ?

2. Whether presently, or be deferred till further Order?

3. Whether we shall be Petitioners, to his Majesty (according to former Precedents) for some Course of securing the Debt to the Party, and saving harmless the Warden of the Fleet ?

These Questions being severally put, were all resolved in the Affirmative; and so left for this Day.