House of Commons Journal Volume 1: 17 May 1604

Jovis, 17o Maii, 1604

Watermen.

B. CONCERNING Wherrymen, or Watermen, reported from the Committee by Mr. Johnson, with Amendments; the Amendments twice read; and the Bill, upon Question, ordered to be ingrossed.

Committees.

Committees adjourned.

Assert Lands.

B. Touching Assert Lands, reported from the Committee by Mr. Fuller, with Amendments; which being twice read, the Bill, upon Question, ordered to be ingrossed.

Courts Leet, &c.

B. To prevent the Overcharge of People by Stewards of Courts Leet, &c. reported by him also, with Amendments; the Amendments twice read; and the Bill, upon Question, to be ingrossed.

Melcombe Regis Church.

B. For Erecting of a Church in Melcombe Regis, &c. returned from the Committee by Mr. D. James, with a Vacat; and prayeth, that the new Bill may be read.

Starch.

L. 1. B. For the Redress and Reformation of sundry Abuses concerning the Making of Starch.

Bruce's Nat. &c.

B. For the Naturalizing of Sir Edw. Bruce, Lord of Kinlosse, and for Confirmation of Letters Patents made unto him, reported from the Committee by Mr. Francis Moore, without any Amendment.

The Bill impugned and disputed; a Proviso offered, for the Saving of all Leases, made by the late Queen, or the Lord of Kinlosse, to the Tenants of Leneux his Lands.

The Proviso once read; but this the third Time of offering; at the Committee once, twice in the House. - Si ter pulsanti nemo respondet, abito.

Privilege-Mr. Speaker witholds a Bill.

Mr. Speaker giveth Account of the Bill against A. B. He said, it touched the Government of the State in her late Majesty's Time: That his Majesty, being made acquainted with it, for that it concerned personal Treason did assume to himself the Examination of it, and did not think fit to have it examined here; and therefore retained it in his own Keeping.

King's Warrant for continuing a prisoner in the Tower.

Mr. Speaker further declared, that his Majesty had given Warrant under his Signet, for the Continuing of Bridger, the Minister, a Prisoner in the Tower. This was not to impeach any former Order of this House, having Relation only to Matter of State, &c. The Warrant was read in these Words:

JAMES R.

TRUSTY and well-beloved, we greet you well : Whereas the Lower House of Parliament, representing the Commons of this Realm, have lately, upon just Cause, and with very good Discretion, committed to your Custody one Brian Bridger, whom they found to be possessed with sundry heretical Opinions in Matters of true Religion; forasmuch as there are sundry Informations of divers malicious Humours, and Practices, whereof the Consequence may be so dangerous to the State, as such a pernicious Spirit is not to be tolerated in a Christian and well-governed Commonwealth; wherein he hath not yet been particularly examined, as we intend he shall be; we have thought good hereby to signify unto you our Pleasure, that you do not deliver him, without further Warrant from us; which you may allege, whensoever his Delivery shall come in Question. Dated at Westminster, the 17th Day of May, 1604, in the second Year of our Reign of England, &c. and the 37th of Scotland.

" To our trusty and well beloved Sir Geo. Harvey

Knight, Lieutenant of our Tower of London."

Conference on Religion.

Moved by Mr. Speaker, that the Place of Conference, appointed this Afternoon for Matters of Religion, might be adjourned to the Council Chamber at Whytehall; because his Majesty had a Purpose, after the Conference, to use some Speech to the Committee; Which was set down accordingly.

Privilege-Mr. Speaker's withholding a Bill.

Motions. - Moved, touching the Bill against A. B. That it might not be drawn into the Precedent, for any Speaker, being trusted by the House, to deny to read a Bill, which he receiveth; to withdraw it out of the House; to inform the King, or any other, before the House be made acquainted with it.

To petition to the King for the Bill. -

That some of the House might be present at the Examination of Jones, the Printer, who delivered the Bill to Mr. Speaker.

The Warden petitions for release.

A Letter from the Warden of the Fleet, directed to himself, and the House, published by Mr. Speaker, and read, as followeth:

May it please you, Mr. Speaker, and the rest of that honourable House:

I HAVE formerly certified that honourable House, that the Cause of my Non-delivery of Sir Tho. Shurley, upon the first Command, proceeded not out of any Humour in me to shew myself contemptuous, or any way seeking to infringe the Privileges of the House, but merely out of a Fear of mine own Danger, and the utter Undoing of me and my Posterity; which, after better Advisement (seeing mine Error) considering of, I did deliver the Prisoner, whom you have (as I hear) received into your Society. I am now an humble Suitor to you for my Liberty, which, in respect of my Employment, concerns me in the Security of my Charge and Profit; and further humbly to pray, that this Fear and Jealousy of mine may not make you ill-opinionated of me, that I should be obstinate, or to be so devoid of Judgment, to do any thing willingly, much less wilfully, which might seem opposite to the Consent of a State; for I was sensible to have the weaker Part. In whatsoever I have given Offence to the House, I am heartily sorry for it; and do hope, that upon this Acknowlegement of my Fault, you will be pleased to pardon my Error, and receive me into your Grace and Favour, which my After-services shall endeavour to deserve : And so, also praying you to pass over the Errors of my Pen, I humbly take leave.

Because I perceived, when I last attended the House, that all Minds were not satisfied in that Point, which you opposed me, touching a Confederacy with Sympson; for that it toucheth me in my Reputation, which is dearer to me than my Life; I desire to put off this Scar, by a full Satisfaction given to the House, upon my Oath, that, as before my Commitment you deposed me, so I will now willingly take my Oath, upon the Evangelist, that, since my coming into the Tower, nor before, I never had any Conference with Sympson, to do him any Favour, nor received any Promise or Request from him, or any other, for the Detaining of Sir Tho. Shurley, directly, or indirectly; so much I detest such base Courses.

At your honourable Disposing always,

From Little Ease in the Tower,

16 May, 1604. John Trenche.

Moved, That he ought to submit himself by Petition to the House, and not by Letter.

That he may be brought to the House, and acknowlege his Offence at the Bar, and humbly pray Favour of the House upon bis Knees: Which was, upon Question, resolved: And Ordered, That, in the mean time, he should be freed from the Dungeon, called Little Ease.

Utlaries.

L. 2. B. To take away lurking and secret Utlaries: - Committed to Sir Geo. Carewe, Sir Edw. Hobby, Sir John Hollis, Sir Geo. Moore, Mr. Hedley, Mr. Francis Eure, Sir Rob. Wroth, Sir Edw. Tyrrell, Mr. Bromley, Sir Maurice Berkley, Sir John Rodney, Sir Rob. Nappier, Sir Tho. Freak, Mr. Crewe, Sir Herbert Crofts, Sir Rob. Needham, Sir Wm. Selby, Mr. Hoskins, Mr. Yelverton, Sir Henry Beamount: - To meet this Afternoon, in the Exchequer Chamber.

Sir T. Areskin's &c. Nat.

L. 1. B FOR the Naturalizingof Sir Tho. Areskin Knight, and Alexander Areskin his Son, and all other the Children of the said Sir Thomas.

Glover's &c. Nat.

L. 1. B. For the Naturalizing of Tho. Glover, Marguret Mordant, Francis Collymore, Alexander Daniel, Nicholas Gylpin, and Mary Copcoat.

Chanterel's &c. Nat.

L. 1. B. For the Naturalizing of Victor Chanterell, Peter Martin, Mentia Van Ursell, Wife of Geo. Aldrich Esquire, Sabina Aldrich, Edward and Peregrine Aldrich, her Children.

Plague.

L. 2. B. For the charitable Relief of Parishes infected with the Plague : Committed to Sir Rob. Wroth, Sir Rob. Wingfield, Mr. Wyseman, Mr. Pettus, Sir John Heigham, Sir Rob. Needham, Sir Tho. Hobby, Mr. Peak, Mr. Cowcher, Sir Charles Cornwallys, Sir John Hungerford, Mr. Serjeant Snig, Barons of the Cinque Ports, Burgesses of Winchester, Sir Edw. Lewknor, Mr. Swaddon, Mr. Tate, Mr. Hide, Mr. Alford, Sir John Thynne, Sir Nicholas Saunders, Mr. Prowse, Mr. Fanshawe, Mr. Bryers, Mr. Johnson, Mr. Chapman : - To meet on Tuesday, in the Exchequer Chamber.

Inns, &c.

L. 1. B. To restrain the inordinate Haunting and Tippling in Inns, Alehouses, and other Victualing-houses.

Mariners.

L. 1. B. To reform the Abuses of Mariners that take Impress-money of Captains, Merchants, Owners, or Masters of Ships, in Voyages to Sea, either by way of merchandizing, fishing, or otherwise.

Husbandry, &c.

L. 1. B. For the better Execution of the Statutes against the Decaying of Towns, and Houses of Husbandry, and for the Maintenance of Husbandry and Tillage, made the 39th Year of our late sovereign Lady Elizabeth.

Hops.

L. 2. B. For Avoiding of Deceit in Selling, Buying, or Spending of corrupt and unwholsome Hops : - Committed to Mr. Fuller, Mr. Dannett, Mr. Peak, Sir Henry Billingsley, Mr. Prowse, Mr. Chapman, Sir Wm. Paddye, Mr. Cole, Mr. Askwith, Mr. Pettus, the Burgesses of Plymouth and Dartmouth, the Burgesses of Penryn : - To meet on Monday, in the Exchequer Chamber.

Howme's &c. Nat.

L. 2. B. For the Naturalizing of Sir Geo. Howme Knight, Lord Treasurer of Scotland, his Wife and Children : - Committed to Mr. Vicechamberlain, Sir Edw. Hobby, Sir Rob. Wroth, Sir Oliver St. John, Sir Francis Fane, the Lord Clynton, Sir Tho. Holcroft, Sir Roger Aston, Sir John Savill, Sir Herbert Crofts, Sir John Thynne, Sir Tho. Lake, Sir Francis Bacon, Mr. Martin, Mr. Holt, Sir Henry Mountague, Sir Edw. Stafford, Mr. Parkinson, Sir Rob. Wingfield, Sir John Scott, Sir Wm. Smith, Sir Geo. Moore, Sir Wm. Selby, Sir Jerome Horsey, Sir Edw. Grevill, Mr. Blinco: - To meet on Monday, in the Exchequer Chamber.

Duke of Leneux's &c. Nat.

L. 2. B. For the Naturalizing of Lodowick Duke of Leneux, Esme Lord of Obigney, his Brother, and their Children.

Ramsey's Nat.

L. 2. B. For the Naturalizing of Sir John Ramsey Knight.

These Two Bills, upon a second Reading, referred to the same Committees.

Downes' Estate.

B. For Sale of the Lands of Edward Downes Esquire, &c. reported from the Committee by Sir John Heigham, with Amendments ; which being twice read, the Bill, upon Question, ordered to be ingrossed.

Letters Patents.

A Committee of Lawyers moved, and named, to consider of the Frame of a Bill general for the Confirmation of Letters Patents; viz. Mr. Serjeant Dodridge, Sir John Boys, Mr. Serjeant Lee, Mr. Francis Moore, Mr. Winch, Mr. Bromley, Mr. Tate.

Mr. Moore afterwards desired by the House to make a first Draught, and to bring it on Monday.

Purveyors.

Mr. Hare beginneth the Dispute touching a Composition for Purveyors; wherein sundry Projects and Motions were made by him and others; viz. Sir Tho. Ridgeway, Mr. Martin, Sir Wm. Fleetwood, Sir John Savill, Sir John Hollis. -

We have no Precedent for Taxes by Act of Parliament : - The Bill to be ingrossed. -

Composition, but not by Law. -

Papa non tenetur lege positiva, sed tenetur mente legis.

Some for the Composition, and the Sum 20,000l. and the Bill to go forward.

Some against both; offering double, for their Shire, to that which is given now; and wisheth, that every Shire would do the like.

Given out, that the Necessity of the King is such, that we must make a Composition. -

Dishonourable, that it should be said, the King of England hath Necessity.

The Committee to consider of the Manner of Expence and Waste in the King's Houshold. -

To draw Reasons of Satisfaction to his Majesty, touching the Matter of Purveyors.

Twelve to be selected out of the great Committee, to deliver Reasons to the King.

The Committee to meet this Afternoon, in the Parliament-house ; and to treat freely of any thing, which may concern Purveyors, Purveyance, Composition, &c.

Religion.

Sir Francis Hastings reporteth the Conference, touching Matters Ecclesiastical, and Religion.

The King surveyed the Articles; gave Answers, not resolute, nor particular; but said,

There were Three Kinds of People :

Papist,

Atheist,

Professor.

The Two first increased, the other decreased. If the Papist should take away that, which many thirst after, he should die in a good Cause.

The King's Resolution, so long as his Heart was in his Body, he would ever continue this Religion. - Uttered with great Magnanimity.

There were Two Remedies :

Spiritual,

Temporal.

He had enjoined the Bishops to instruct.

The Lord Chancellor, and the Two Presidents, admonished to provide against Atheists, Papists, and such as refuse to receive the Sacrament.

He wished the Lords and the Commons to think of Laws to hem them in.

Touching Forfeitures, if they bring their Payment in the one Hand, and offer Obedience in the other, they should have their Payment back again.

Touching refractory Ministers, and Reformists, let them consider of the Book of Common Prayer; and insist upon those Points, from which they will not vary.

He wished, that there might be a Sub-committee presently chosen out of the great Committee, to consider,

What Laws presently:

What for the next Session:

What the King may do, out of his Legal Power, without Law,

Mr. Seymour's Cause.

Counsel in Mr. Seymour's Cause heard again at large, Mr. Richison replies.

Mr. Serjeant Altham rejoins.

Mr. Walter pursues.

Mr. Serjeant Nicholls sur-rejoins.

The Earl himself was admitted to speak within the Bar in his own Cause.

Mr. Seymour to answer:

The Earl to reply, &c. [a]

Purveyance, &c.

Ordered, upon Motion, That a Warrant should be directed to the Officers of the Green-cloth, to this Effect:

IT is ordered, and required, That Mr. Rob. Bannister, Clerk Controller of his Majesty's Houshold, and such other Officers, as the Committee for Purveyors, &c. shall think needful, shall attend them with such Books, as may best give Instructions in the Rates of Composition with the Shires, in the Charge of Purveyance, in the Expence, and Manner of Expence, of his Majesty's Houshold; and bring a Note also of all Pastures, and Demaynes, now in his Majesty's Hands; besides whatsoever else may give Ease or Furtherance in performing the Service committed unto them.

Ordered, That Eight ingrossed Bills be read half an Hour after Eight a Clock Tomorrow Morning; and such as pass, to be sent up.