House of Commons Journal Volume 1: 27 April 1604

Veneris, 27o Aprilis, 1604

Calthorp's Jointure.

L. 2. B. FOR the Jointure of the Wife of Martin Calthorp, Gentleman: - Committed to Sir William Smith, Sir John Peyton, Sir John Heigham, Mr. Francis Moore, Mr. Serjeant Hobard, Mr. Hoskins, Mr. Nath. Bacon, Sir Charles Cornwallys, Sir Robert Wroth, Sir Francis Barnham, Mr. Pettus, Sir Jerome Bowes, Sir Tho. Walsingham : To meet on Monday, in the Middle Temple Hall.

Vernon's Writ of Error.

Motion made, That the Counsel might be heard at the Bar, touching the Bill concerning Sir Rob. Vernon, on Monday Morning.

Assert Lands.

The Bill touching Assert Lands, to have a Second Reading the same Day ; and Counsel to be heard.

Jermy's Writ of Error.

The Bill concerning Sir Tho. Jermy, to be also read the same Day; and Counsel heard at the Bar.

Melcombe Regis Church.

L. 2. B. For the Erecting of a Church in Melcombe Regis, and making the same to be the only Church of the Parish of Radipoll: - Committed to Sir John Williams, Mr. D. James, Sir Francis Hastings, Sir John Bennett, Sir Tho. Freak, Sir Edmund Ludlowe, Sir Rob. Nappier, Sir Rob. Miller, Mr. Hyde, Sir Robert Wroth, Mr. Martin: - To meet on Tuesday next, in the Middle Temple Hall.

Committees.

Sundry Committees adjourned.

Limitation of Prescription.

To the Committee for a Proviso in the Bill for Limitation of Prescription, &c. added. Sir Francis Hastings.

Privilege - Relief of Plaintiffs.

B. For the Relief of Plaintiffs, where the Defendants in Execution are set at Liberty, &c. altered in the Title (viz, B. For new Executions to be sued against any, which shall hereafter be delivered by Privilege of Parliament ; and for Discharge of them, out of whose Custody such Persons shall be delivered) reported from the Committee by Mr. Hackwill, with that Alteration, and other Amendments; which being twice read, the Bill, upon Question, ordered to be ingrossed.

Brydewell Hospital.

L. 2. B. For Confirmation of the Charter of the Hospital of Brydewell, &c. - Committed to Mr. Wyseman, Sir Geo. Moore, Mr. Fuller, Sir Rob. Wroth, Sir Henry Mountague, Sir Edw. Hobby, Sir Roger Aston, Mr. Johnson, Sir William Lowre, Mr. Martin, Sir Edmund Bowyer, Mr. Tobie Matthewe, Sir Thomas Smyth, Mr. Wymark, Sir Walter Cope, Sir John Hollis, Sir Hugh Beeston: - To meet on Wednesday, in the Middle Temple Hall.

D. of Somersett's Estate.

Motion made. That Counsel might be heard at the Bar, touching the Bill for Settling of the Possessions and Hereditaments of the late Duke of Somersett, &c. Which was assented; and appointed on Friday next in the Morning.

Privilege - Contempt of a Member.

Geo. Whyte, of Bristowe, brought to the Bar according to former Order, as a Witness touching Words of Contempt to this House, uttered by Sir Rich. Browne.

The Words were construed to be of small Weight, and therefore pardoned by the House.

Utlawries.

L. 2. B. Against lurking, and secret Utlaries, &c. - Committed to Sir Edwyn Sandys, Sir Maurice Berkley, Mr. Antrobus, Sir Robert Nappier, Mr. Eure, Sir Nicho. Saunders, Mr. Hyde, Sir John Boys, Sir Rob. Wroth, Mr. Fuller, Mr. Martin, Mr. Hedley, Sir Herbert Crofts, Mr. Wyld: - To meet on Monday Morning, in the Middle Temple Hall.

Mr. Speaker.

Agreed for Rule, If any Doubt arise upon the Bill, the Speaker is to explain, but not to sway the House with Argument or Dispute.

Utlawries.

Moved, That a Bill might be thought by the Committee, to prevent the Stealing of Utlaries against his Majesty's Subjects.

Abuses by Purveyors.

The Petition touching the Abuses of Purveyors, brought in by Mr. Hare from the Committee, in Parchment; which was against Order; and thereupon a Rule conceived;

That no Petition, Bill, or other Thing, to be treated in Parliament, ought to be originally delivered into the House, ready ingrossed, but in Paper; and that this Petition delivered by Mr. Hare, shall be no Precedent for the time to come.

Order for Ingrossing of the Petition, and to be brought into the House again: And moved, That a select Committee might be named, for presenting the Petition to

his Majesty: And to that Purpose were presently named all the Privy Council of the House, Sir Roger Aston, Sir John Hollis, Sir Henry Bromley, Sir Henry Goodyeare, Sir Edw. Grevill, Sir Tho. Knevytt, Sir Walter Cope, Sir Rob. Mansfield, Sir John Trevor, Sir Rob. Wroth, Mr. Hare, Mr. Hyde, Sir Francis Bacon, Mr. Martin, Mr. James, Sir Geo. Moore, Mr. Kyrton, Sir Francis Hastings, Mr. Hext.

Sir Francis Bacon appointed to deliver the Petition, with some Speech of Introduction and Explanation.

Union with Scotland.

The Report of the Resolution of the Committee for the Union, called for ; with this Remembrance, that it was his Majesty's Direction, we should first inform ourselves, and then proceed to a Conference.

Members sent for.

Before the Report, all the Serjeants at Law, and other Lawyers, sent for by the Serjeant of the House, with his Mace, out of Westminster Hall.

Buildings, &c.

L. 2. B. Concerning new Buildings, converting great Houses into several Tenements, and Restraint of Inmates: - Committed to Sir Robert Wroth, Mr. Wyseman, Sir Henry Billingsley, Sir John Hollis, Mr. Recorder of London, Sir Edmund Bowyer, Sir Oliver St. John, Sir Walter Cope, Sir Hugh Beeston, Sir Jerome Bowes, Sir Thomas Knevytt, Mr. Toby Matthewe, Sir Francis Barrington, Mr. Fuller, the Knights for Surrey, the Burgesses of Southwark, Sir Rob. Knollys, Sir Arthure Atye, Sir John Savill: - To meet on Tuesday, in the Middle Temple Hall.

Union with Scotland.

Sir Francis Bacon reporteth from the Committee touching the Union ; that they had digested their Resolution into Heads, and assigned several Parts to several Persons, of several Qualities, as they conceived fit.

Light of Order, (he said) casteth Beams upon the Matter: And produced a Paper, containing all the Objections, heretofore made in the House against the Union in Name ; and was directed by the House to stand at the Board, and to read it himself, as being best acquainted with the Order of it.

The Paper had in the Front this Title [a] :

Objections against the Change of the Name or Style of England and Scotland, into the Name or Style of Greate Brittany ; to be moved and debated in the Conference between the Lords and the Commons ; and to that End, by the Committees of the House of Commons collected, reviewed, and reduced to Order, for their better Instruction.

THE Objections are of four several Natures or Kinds : Matter of Generality or Common Reason.

Matter of Estate Inward, or Matter of Law.

Matter of Estate foreign, or Matter of Intercourse.

Matter of Honour or Reputation.

The Matter of Generality, or common Reason, hath two Parts :

That there is no Cause of the Change :

That there is no Precedent of the like Change.

The first Objection therefore is :

That in Constituting or Ordaining of any Innovation or Change, there ought to be either urgent Necessity, or evident Utility ; but that we find no Grief of our present Estate, and foresee no Advancement to a better Condition by this Change ; and therefore desire it may be shewed unto us.

The second Objection is ;

That we find no Precedent, at home or abroad, of Uniting or Contracting of the Names of Two several Kingdoms, or States, into One Name, where the Union hath grown by Marriage, or Blood; and that those Examples, which may be alleged, as far as we can find, are but in the Case of Conquest.

Matter of Estate inward, or Matter of Law, hath Three main Heads :

The first, That the Alteration of the Name of the King doth inevitably and infallibly draw on an Erection of a new Kingdom or Estate, and a Dissolution and Extinguishment of the old ; and that no Explanation, Limitation, or Reservation, can clear or avoid that Inconvenience; but it will be full of Repugnancy and Ambiguity, and subject to much Variety and Danger of Construction.

The second is an Enumeration or Recital of the special and several Confusions, Incongruities, and Mischiefs, which will necessarily and incidently follow in the Time present: As,

In the summoning of Parliaments, and the Recitals of Acts of Parliament:

In the Seals of the Kingdom :

In the great Officers of the Kingdom :

In the Laws, Customs, Liberties, and Privileges of the Kingdom.

In the Residence and Holding of such Courts, as follow the King's Person ; which, by this Generality of Name, may be held in Scotland:

In the several and reciproque Oaths ; the One, of his Majesty, at his Coronation, which is never iterated; the other, in the Oaths of Allegiance, Homage, and Obedience, made and renewed from time to time by the Subjects.

All which Acts, Instruments, and Forms of Policy and Government, with a Multitude of other Forms of Records, Writs, Pleadings, and Instruments, of a meaner Nature, run now in the Name of England, and, upon the Change, would be drawn into Incertainty and Question.

The third is a Possibility of Alienation of the Crown of England to the Line of Scotland, in case his Majesty's Line should determine (which God of his Goodness defend) : For if it be a new-erected Kingdom, it must go, in the Nature of a Purchase, to the next Heir of his Majesty's Father's Side.

The Matter of State foreign, or Matter of Intercourse, consisteth of Three Points:

The first is, That Leagues, Treaties, foreign Freedoms of Trade and Traffick, foreign Contracts, may be drawn in Question, and made subject to Quarrel and Cavillation.

The second is, that the King's Precedence before other Christian Kings, which is guided by Antiquity of Kingdoms, and not by Greatness, may be endangered, and his Place turned last, because it is the newest.

The third is, that the Glory, and good Acceptation, of the English Name, and Nation, will be, in foreign Parts, obscured.

The Matter of Honour and Reputation standeth upon four Points:

The first is, That no worldly Thing is more dear to Men, than their Name; as we see in private Families, that Men disinherit their Daughters to continue their Names; much more in States, and where the Name hath been famous and honourable.

The second is, that the contracted Name of Brittaine will bring in Oblivion the Names of England and Scotland.

The third is, that whereas now England, in the Style, is placed before Scotland, in the Name of Brittaine that Degree of Priority or Precedence will be lost.

The fourth is, that the Change of Name will be harsh in the popular Opinion, and unpleasing to the Country.

The Maintenance of these several Parts, at the Conference intended, was reported to be thus distributed; viz.

Matter of Generality, or common Reason, two Parts :

1. That there is no Cause of Change : - Sir Francis Bacon.

2. That there is no Precedent of like Change : - Sir Edwyn Sandys.

Matter of Estate inward, and of Law : Mr. Serjeant Hobart, Serjeant Dodridge, Serjeant Tanfield, Mr. Attorney of the Wards.

Matter of Estate foreign, or Matter of Intercourse: - Sir Henry Nevill, Sir Rich. Spencer, Sir John Hollis, Sir Arthure Atye, Sir Chro. Parkins, Sir Lewys Lewknor, Sir Geo. Carey, Master of the Chancery.

Matter of Honour and Reputation : - Sir Francis Hastings, Sir Maurice Berkley, Sir Geo. Moore, Sir Herbert

Crofts, Mr. Martin, Mr. Yelverton, Sir John Savill, Sir Rob. Wingfield, Sir Oliver St. John, Sir Rob. Wroth, Mr. Crewe, Sir Edw. Hobby, Mr. Hyde.

Leave of Absence.

Mr. Rich. Cunye, upon his own Motion, and Relation of some special private Occasion, is, by the Favour of the House, licensed to depart; with Commandment to return within a short Time.