House of Commons Journal Volume 1: 11 May 1604

Veneris, 11 Maii, 1604

Privilege.

THE Serjeant, with his Mace, sent to the Fleet for Sir Tho. Shirley.

Lieutenant of Tower examined.

Sir Geo. Harvey, the Lieutenant of the Tower, being present in the House, according to Appointment, excuseth the Liberty of the Warden, now in his Custody; saying, that, where the Prisoner is committed for Treason, or Crimen laesae mqjestatis, his Manner is to keep him close; where but for Contempts, or Misdemeanors, he giveth him the Liberty of the Prison.

For the first, the Prisoner hath his Diet in his Chamber; for the other, he cometh to the Lieutenant's Table.

Blindley Church.

L. 2. B. For the Erecting of a Parish Church for the Two Boroughs, called Blindley Boroughs, &c. - Committed to Sir Geo. Moore, the Knights of Surrey and Sussex, Mr. Rivers, Sir Nicholas Saunders, Mr. Staughton, Mr. Francis Moore, Sir John Shirley, Mr. D. James, Sir Edmund Bowyer, Mr. D. Steward, Sir Dan. Dun: - To meet on Tuesday, in the Exchequer Chamber.

Ministers Marriages.

L. 2. B. Declaring the Marriage of the Ministers of the Gospel of Christ to be lawful: - Committed to Mr. D. James, Sir Ed. Hobby, Sir Geo. Moore, Sir John Bennett, Mr. Nicholas Hyde, Sir Edw. Lewknor, Sir Edward Grevill, Sir Tho. Freak, Mr. Fuller, Sir Robert Wingfield, Sir Edwyn Sandys, Sir Francis Hastings, Mr. Hitcham, Sir Jo. Heigham, Sir Edward Mountague, Mr. Toby Matthewe, Sir Edw. Littleton: - To meet Tomorrow, at Two a Clock, in the Exchequer Chamber.

Wool Trade.

L. 2. B. To restrain the Bringing in of all foreign Wools into this Kingdom : - Upon the double Question, of Commitment and Ingrossing, rejected.

Hats, &c.

B. Touching Hats and Felts; having formerly received a second Reading, and stayed, upon a Complaint of Mr. Typper, that he had received 100 l. for Passing of this Bill, was now put to the Question of Commitment, and rejected.

Privilege-Charge of Bribery.

The Motion renewed, touching the said 100l. and urged, that Mr. Typper might be examined by some Committees to be named : Which was assented; and were named to that Purpose, Sir Edw. Hobby, Sir Edw. Mountague, Sir Robert Wingfield, Sir Charles Cornwallys, Sir Robert Wroth, Sir Henry Beamount, Sir John Thynne, Sir Geo. Moore, Sir Rob. Oxenbridge: - To meet Tomorrow, in the Court of Wards.

Lucas' Estate, &c.

B. For the Repealing of an Act made 43o Eliz. intituled. An Act to make the Lands, Tenements, and Hereditaments of Edw. Lucas, Gentleman, liable, &c. reported from the Committee by Mr. Hoskins, with Amendments; which being twice read, the Bill, upon Question, ordered to be ingrossed.

Privilege - Refusal to release a Member.

The Serjeant returneth from the Fleet, and reporteth, that, meeting with Mr. Warden's Wife, he told her of the Favour of the House, and of his Majesty's gracious Message, for giving his Royal Assent to the Bill (which was beyond his Commission, for which he prayed Pardon) he demanded the Body of Sir Tho. Shirley.

She answered, If she might hear from Mr. Trench, she would deliver him; otherwise not. He called at Sir Tho.'s Chamber, wishing him to come : She said, If he carried away Sir Tho. he should carry her dead.

He offered to take her by the Hand : She fell down, and began to cry aloud, Sir Tho. Shirley, &c. But he, having no Commission to use Violence, desisted.

Moved, That the Warden might be sent for, and once again terrified with the Prison of Little Ease; and if he did not yield, then to proceed for his Commitment to that Place.

Question made, Whether to be presently sent for : -

Resolved. And Mr. Lieutenant's Servant, his Keeper, being at the Door, sent for him, sedente Curia.

Purveyance, &c.

Mr. Hare moveth. That there might be an Offer made of 20,000l. per Annum to the King in Matter of Purveyance, and One intire Subsidy presently.

Another: - No Imposition upon the Subject. - That we could make no Law to extirpate Purveyors, nor to bind the King. -

That the Bill depending, might proceed : - A Proviso against Purveyance to be inserted, if the Money agreed on, be answered.

A Committee moved, and, upon Question, resolved, to consider, whether any Cause of Composition, and in what Course. The former Committee, with Sir Tho. Freak, and Sir Rich. Browne, added; who was appointed to bring a Note of the Compositions, and to inform the Committee touching the King's Demaynes and Pastures, and who hath the Occupation of them [a].

The Committee to meet Tomorrow in the Afternoon, in the Parliament-house.

The Buying of Justice ; the Matter of Wardships; - to be treated on by the same Committee: - Not agreed.

Privilege- Refusal to release a Member.

The Warden of the Fleet, being brought from the Tower to the Bar by his Keeper, was by Mr. Speaker put in mind of the favourable Course of the House held with him, and of the Greatness of his Contempt, and terrified with further Punishment, &c. and then demanded, if he would yield, &c. He refused, as before ; and, by Direction of the House, being retired to the Door ; it was disputed, whether it might be fit to intimate the Particulars of the House's proceeding to him, in Care and Favour of his Case; and Mr Speaker's Opinion required; who said, it could not be much derogatory, to let him know some Particulars.

This Dispute induced several Questions :

1. Whether Mr. Speaker should ask the Warden, if he know the Manner of Proceeding of the House, and his Majesty's Grace and Favour.

2. Whether he will deliver the Prisoner.

3. Whether (if he know it not) Mr. Speaker should make known the Proceeding, and the King's Grace.

4. If he still persist in his Obstinacy, whether then his Judgment to be, to go to Little Ease.

Warden of the Fleet committed to Little Ease.

This Course, upon these several Questions, was resolved on; the Warden brought to the Bar again, and, according to that Resolution, proceeded withal; and the House finding him still perverse, in refusing to deliver Sir Tho. Shirley, Mr. Speaker pronounced his Judgment (as he was formerly directed) that, as he doth increase his Contempt, so the House thought fit to increase his Punishment; and that their * * * was now, he should be committed to the Prison called Little Ease, within the Tower.

House to sit.

The House appointed to sit in the Afternoon, for the first Reading of Bills.

Leave of Absence.

Sir Rich. Musgrave Knight, One of the Knights of the Shire for Westmorland, upon Motion, is licensed to depart into his own Country; with Commandment to return before the End of this Session.

Michaelmas Term.

L. 1. B. FOR the Abbreviation of Michaelmas Term.

Berwick Charter.

L. 1. B. For Confirmation of the King's Majesty's Charter, and Letters Patents, granted to the Mayor, Bailiffs, and Burgesses of the Borough of Berwick upon Twede, and their Successors, and of the Franchises, Liberties, &c.

Plague.

L. 1. B. For the charitable Relief of Parishes infected with the Plague.

Inns, &c.

L. 1. B. For Reformation of Abuses in Inns, Taverns, Alehouses, Tipling-houses, and the Haunters and Frequenters of them.

Alehouses.

L. 1. B. Against Haunting of Alehouses.

Conjuration.

L. 1. B. Against Conjuration, Witchcraft, and dealing with evil and wicked Spirits.

Ramsey's Nat.

L. 1. B. For the Naturalizing of Sir John Ramsey, Knight.

Howard's &c. Restitution.

L. 1. B. For Restitution in Blood of William Howard, youngest Son of Thomas, late Duke of Norfolk, and of the Children of the Lady Margaret Sackvile, Daughter of the said Duke.

Church Innovations.

L. 1. B. For Suppressing of Innovations in the Church of England.