House of Commons Journal Volume 1: 23 May 1604

Mercurii, 23o Maii

Rowse's Estate.

L. 1. B. FOR the Sale of certain Lands of Sir Tho. Rowse Knight, for Payment of his Debts.

Throckmorton's Estate.

L. 1. B. For the Enabling of Tho. Throckmorton Esquire, for the Sale of certain Lands, for Payment of his Debts.

Inns, &c.

L. 2. B. To restrain the inordinate Haunting and Tipling in Inns, Alehouses, and other Victualling-houses:

- Upon a second Reading, committed to the former Committees named for other Bills touching Alehouses.

Ditto.

L. 2. B. For Reformation of Abuses in Inns, Taverns. Alehouses, Tipling-houses, and the Haunters and Frequenters of them : - Referred to the same Committees.

Alehouses.

L. 2. B. For Repressing of Alehouses: - Referred also to the same Committees, with some more added; viz. Sir Geo. Moore, Sir Edw. Hext, Sir Charles Cornwallys, Mr. Pettus, Mr. Johnson, Sir John Bennett, Sir Edw. Lewknor, Mr. Nath. Bacon, Burgesses of Coventrie, Burgesses of Exeter, Burgesses of Southwark, Sir Geo. Fleetwood, Sir John Savill, Mr. Dannett, Mr. Bond: - To meet with the rest Tomorrow, in the Exchequer Chamber.

Ecclesiastical Possessions.

LL. B. Against the Diminution of the Possessions of

Archb. and BB. &c. reported from the Committee by Sir Henry Beamount; who said that some Alterations and Additions were moved; and that the Committee, upon Question about them, were equally divided ; therefore he urged, that some more Committees might be named, and the Bill recommitted: Which the House did not assent; but put it to a third Reading, and the Question of Passage; and, upon Question, the Bill passed.

This the House inclined to do, because they were not willing, that a Bill proceeding merely from the King's Grace, should receive any Rub in the Passage, for some small Faults.

Oats.

B. For the true Measuring of Oats in the Realm of England and Wales, &c. reported from the Committee by Mr. Johnson, with Amendments, and a Proviso added; which being twice read, the Bill, upon Question, ordered to be ingrossed.

Statutes.

B. For the Continuance, Repeal, Reviving, Explanation, and Addition, of Statutes (so altered in the Title by the Committee) reported by Mr. Francis Moore; with the several Reasons of Continuance, Repeal, &c. of every Statute, delivered in the Bill; but the House thought fit, that it should be further considered on, before it were read.

Purveyors.

Sir Geo. Moore moveth, That a Report might be made of the Proceedings of the Committee for Purveyors ; which Mr. Hare had undertaken; and thereupon reported, that Two Questions touching some further Course to be held in the Matter of Purveyance, were left to the Judgment of the House :

1. Whether the Answer to the Lords shall be, That we know no Necessity of Composition; but desire to know it from them, that we may better understand, how to satisfy the King; and, if they refuse to inform us, to tell them, we intend to be Suitors to the King, to know it.

2. Whether a Composition of 20,000 l. per Annum shall be offered, for Riddance of all Purveyance whatsoever.

After this Report, some Motions were made by Mr. Hyde, Sir Edw. Grevill, Sir Edw. Hext, Mr. Hoskins, Sir Rob. Wingfield, Sir Roland Litton, Sir Francis Hastings, Sir Francis Bacon; viz.

No Composition, but the Laws to be revived. -

The Bill against Purveyors to be read. -

The Bill will do no Good, for want of Execution. -

That we made a Promise to acquaint the King before we proceeded. -

That we go once again to the King, as a middle Course. -

Take heed we fall not into Tantalus his Case : Spectat aquas in aquis, et poma fugacia captat. - Since it is to be hoped, that his Majesty will give us Satisfaction in the Matter, let us give him Satisfaction in the Manner.

Mr. Johnson tendereth a Bill, intituled, an Act to restrain Purveyors, that they exceed not the Limits of their Commissions; which he desired might be read; but was deferred.

Mr. Speaker putteth the House in mind of some Inconveniences in the Bill depending: -

That the King may, by a non obstante, dispense with it.

Resolved, To forbear the Reading of the Bill; with a Purpose (after some further Consideration had) to attend the King in this Matter.

The former Committees for Purveyors appointed to meet Tomorrow in the Afternoon, and to consider in what Course to satisfy the King; and every particular Country to instruct the Committee in what they think meet for themselves.

Privilege - Mr. Speaker's shewing a Bill to the King.

Mr. Speaker remembered of his Promise, to give the House Satisfaction touching the Bill against A. B. the Title whereof he had before intimated to the House. [a]

Answered, That a Message was delivered unto him by a great Lord from his Majesty, commanding him to send the Bill unto him; and that he was warranted by former

Precedent to shew the Bill to the King, when he was commanded ; as in the Case of Mr. Morris, Mr. Wentworth, 35o Eliz.

Motions. - Many Motions ensued in this Matter, by Mr. Solicitor, Sir Herbert Crofts, Sir Francis Bacon, Mr. Brook, Mr. Wyseman, Sir Wm. Fleetwood, Mr. Crewe, Mr. Martin, Sir Henry Beamount, Sir Maurice Berkley, Sir Wm. Strode, Mr. Yelverton, Sir Tho. Hobby. -

Much Exception against the Precedents. - Injurious, that any Speaker should deliver a Bill to the King, without the Privity of the House. -

No Bill whereof the House is possessed, to be delivered to the King, or any other, without Notice and Leave of the House. -

We lose our Privilege, if we lose our Bill. -

Mr. Speaker to pray Access to the King himself, and in the Name of the House to desire the Bill from his Majesty. -

No Possession of a Bill, except it be delivered to the Clerk to be read.

If the Speaker read the Title in his Chair (as he did in this Case) a Possession. -

Jones the Prisoner, to be sent for hither, and to attend his Discharge from the House. -

That the Prisoners'committed by us, cannot be taken from us, and committed by any other. -

That we may not deal with any Treason, except we have Warrant from the King, because it is personal.

An Order moved, and agreed, That no Bill whereof the House is clearly possessed, be delivered to any, before the House have Notice, and give Leave.

Admitted, that a Copy may be delivered, or it may be shewed to his Majesty.

[b] Mercurii, 23o Maii, 1604.

UPON Tuesday the Fifteenth of this Instant May, a Bill being offered to the Speaker of the Commons House of Parliament, in his Way coming towards the said House, he received it, and brought it in; and, being set in his Chair, after some Time, did openly intimate the Head or Title of it, purporting a Declaration of Treason practised by a Magistrate of this Land (concealing the Name of the Man, and the Particulars of the Bill) adding, that, for special Causes, he hoped they would not meddle with it, or expect it should be read; Nevertheless, the House inclined to have the Bill read; but, upon the said Speaker's Motion, and better Consideration, resolved to forbear it for that Time, expecting the Return and Reading of it, when Mr. Speaker should think meet to give the House Satisfaction, as he promised shortly to do. The next Day (as afterward was informed) it pleased his Majesty to send for the Bill; and, in respect it contained Matter of personal Treason (as was likewise pretended) properly and only touching himself, his Majesty assumed unto himself the Examination of the Matter of the Bill, and retained it in his own keeping. In all this Time the House, for the more Part, expected an Account of the said Bill; which was this Day demanded, and urged by sundry Members of this House; in which Debate these Questions were handled:

1. Whether the House were possessed of the Bill.

2. What might be called a Possession of a Bill.

3. Whether it might deal with Treason :

4. Examine, commit, and proceed to Judgment upon Traytors, and with what kind of Treason and Tray tors.

5. And lastly, whether a Speaker, receiving a Bill and reading the Title, may deliver it to any, without special Allowance and Leave of the House.

Hereupon it was finally resolved and ordered, That, for this Time, all Questions should cease touching these Matters ; with this Caution and Care, proceeding from a tender Regard of the Privilege of this House, that it should be precisely registred as the Judgment of the House, That no Speaker from henceforth should deliver a Bill, whereof the House standeth possessed, to any whosoever, without Allowance and Leave as aforesaid; but that he

had Liberty, and might either shew it, or deliver a Copy, if it seemed so meet unto him.

House to sit.

The House ordered to sit this Afternoon, for the Reading and Forwarding of some Bills.

Ly. Kildare's Letters Patents.

L. 1. B. FOR Confirmation of Letters Patents made to the Right honourable Charles Earl of Nottingham, Lord Admiral of England, Tho. Earl of Suffolk, Lord Chamberlain of the King's Houshold, Sir John Leveson, and Sir John Trevor, Knights, for the Use and Benefit of the Lady Frances Dowager of Kyldare, and now Wife of Henry late Lord Cobham, attainted.

Queen's Jointure.

Sir David Williams and Sir John Crook bring from the Lords One Bill, intituled, An Act for Confirmation of the Jointure of the most high and mighty Princess Anne, Queen of England, Scotland, France, and Ireland.

Deer. &c.

L . 1. B. Against unlawful Hunting and Taking of Deer and Conies, &c. - Committed to Mr. Speaker, the Lord Buckhurst, Sir Maurice Berkley, Sir Rob. Wroth, Sir Tho. Mounson, Sir Geo. Moore, Sir Tho. Ridgeway, Sir Tho. Holcroft, Sir Wm. Strowd, Sir Wm. Wray, Mr. Serjeant Tanfield, Sir Robert Wingfield, Mr. Ryvers, Sir Robert Oxenbridge, Mr. Mutton, Sir John Harpur, Mr. Hyde, Mr. Martin, Mr. Yelverton, Sir John Savill, Mr. Winch, Sir Herbert Crofts, Sir Henry Beamount: - To meet at Mr. Speaker's House on Saturday,

Committees.

Committees adjourned.

Melcombe Regis Church.

L. 2. Nova B. For the Erecting and Building of a Church Church in Melcombe Regis, to be the Parish Church of Radipoll, and for making the old Church of Radipoll a Chapel, &c. - Referred to the Committees in the former Bill: - To meet Tomorrow Morning, at Seven a Clock, in the Committee Chamber.

Hats. &c.

B. For the better Execution of former Laws touching the Making of Hats and Felts, and for avoiding deceivable Workmanship hereafter in the same: - Committed to the Committees in the former Bill, with these added; viz. Sir John Savill, Mr. Johnson, Mr. Martin.

Apparel.

L. 1. B. For Apparel, restraining the excessive Wearing of Cloth of Gold, Cloth of Silver, Gold and Silver Lace, and Embroideries.

Downes' Estate.

MOTION, That a Proviso in the Bill touching the Sale of the Lands of Edw. Downes Esquire, &c. might be amended upon the Passing.

Queen's Jointure.

L. 1.et 2. B. For the Confirmation of the Jointure of the most high and mighty Princess Anne, Queen of England, &c. - Twice read, and committed to all the Queen's Counsel of the House, Mr. Solicitor, Sir Roger Aston, Sir Robert Wingfield, Mr. Winch, Mr. Holt, Sir Herbert Crofts, Sir Rob. Needham, Sir Geo. Moore, Sir Edw. Hobby, Mr. Martin, Sir Henry Beamount, Sir Walter Cope, Sir Francis Barrington, Sir Roland Litton, Mr. Hyde, Sir Oliver St. John, Mr. Recorder of London, Sir John Savill: - To meet this Afternoon, in the Committee Chamber.

Exchequer.

The Lords Amendments in the Bill touching Process and Pleadings in the Court of Exchequer, thirdly read, and ordered to be inserted; and the Bill accordingly amended.

Usury.

L. 1. B. Against Usury.

Union with Scotland.

Sir Francis Bacon reporteth the further Proceeding of the Committee touching the Act of Commission for the Union; wherein they differed, concluded, &c.

Motion, That others might supply what wanted in his Report. - That a Message might be sent to the Lords for Conference [a].

The Provision or Restriction to be inserted in the Act, both old and new, read in the House.

Speech and Motion upon this by Sir Edw. Hext, Mr. Yelverton, Sir Herbert Crofts, Mr. Serjeant Dodridge, Sir Edwyn Sandys.

A Speech taxing the Violence and Cunning of Lawyers:

- In H. VIII's Time; - the late Queen's Time [b].

Mr. Speaker offering to free the Lawyers of the Tax, interrupted, &c. and the Matter ceased.

A Question made, whether a Conference touching the Differences and Doubts in penning the Act of Commission, &c. - Agreed, upon Question.

Motion, for a Proviso that the Law shall endure but till the next Parliament.

Religion.

Sir Francis Hastings remembereth the Proceeding touching Matters of Religion in the late Conference. -

Some Things begun by the Lords :

Some by us:

Some deferred.

By the Lords: - A Declaration of all former Statutes that concerned Recusants, Seminaries, &c. -

A Law to be made against School-masters.

By us : - An Act for planting a learned Ministry. -

To proceed with the Bill against Pluralities.

Deferred: - An Act touching the Articles of Religion.

Referred to the next Conference: - Learned Ministers how to be settled by Law.

Some of the Convocation House to attend, and deliver Reasons, &c. - Not agreed.

Message to Lords.

Mr. Vice-chamberlain and Mr. Secretary Herbert sent in Message to the Lords, to pray a second Conference for Matters of Religion, as also, a Continuance of the Meeting touching the Act of Commission, &c. And sent up by them Ten Bills; but first,

Bills sent to Lords.

L. 3. B. For the Naturalizing of Sir Tho. Areskin, &c. - Passed.

1. An Act against the Diminution of the Possessions of Archb. BB. and for avoiding Dilapidations of the same.

2. An Act for Restitution in Blood of the Lord William Howard, &c.

3, 4, 5. Several Acts for the Naturalizing of, 3. the Duke of Leneux, &c. 4. Sir Geo. Howme, &c. 5. Sir John Ramsey, &c.

6. An Act for the Jointure of the Wife of Martin Calthrop, &c.

7. An Act for Explanation of the Statute touching Tanners, Curriers, &c.

8. An Act for Confirmation of the Charter granted to the Town of Berwicke, &c.

9. An Act concerning Wherrymen and Watermen.

10. An Act for the Naturalizing of Sir Tho. Areskin, &c.

Answer from Lords.

Answer returned, that they would consider, and send by Messengers of their own.

Commissioners for Union with Scotland.

Sir Tho. Ridgeway remembereth a Doubt made the last Day at the Conference, whether a Commissioner shall have free Voice at his Return into the House; and offered an Order touching that Point, drawn by himself; which he desired might be read ; which was read, approved, and entered, in these Words, viz.

[c] It being propounded to the House, whether any of the Commissioners in the Matter of Treaty concerning the Weal of both Kingdoms, subscribing the Writings or Instruments in the Act mentioned, may, without

Imputation, or Prejudice in Credit or Conscience, have the Liberty and Freedom of Voice in Parliament, notwithstanding the said Subscription ;

The House hath thereupon resolved, That no Man is, or ought to be, concluded in his Opinion by any such Subscription ; but, as in Case of other Committees, hath and may have his free Liberty in the House, to assent or disassent (as he shall see just Case) the next Session of Parliament.

Irish Servitors, &c.

Mr. Hoskins reporteth the Travel of the Committees, touching the Relief of Irish Servitors, &c. and delivereth into the House a Project, agreed on at their last Meeting in the Star-chamber, the Twenty-first Day of this Month; viz.

Star-chamber, 21 Maii, 1604, in the Afternoon.

A Committee there meeting to receive into Consideration the several Wants, Merits, and Reliefs of Captains, and other Commanders of that Sort, late casht from Ireland:

FOR the Number of the Persons to be relieved, it is agreed, that it shall not exceed One hundred ; and is thought will be little more than Eighty.

For the Manner of the Relief; by Money collected, and given as a Donative, by a gross Sum.

For the Time of levying it ; presently, or with as much Expedition as may be, considering their present Wants.

For the Subjects of and from whom it is to be levied ; it is agreed, that it shall be out of the Alehouses, Inns, Taverns, Tipling-houses, and Cooks Houses, in this Manner; viz. of every Alehouse, Tipling-house, Cook, or other, selling Ale or Beer by the Quart, or less Measure, Two Shillings and Sixpence ; of every Inn, Three Shillings and Fourpence; of every Tavern, Four Shillings; if this House like the Proportion.

The Authority by which it should be levied ; the Levy not to be made by Act, but by Letters from his Majesty to the Justices of several Shires and Liberties ; willing them to take a Review of the Licences of such Persons aforesaid, and to make them new Licences for * * * * for the which those Persons shall pay the several Sums before mentioned.

The whole being levied, and returned hither into some certain Hands, to be given by Divident equally to the said Number of Captains.

That the House will recommend the said Persons by Name, and this Project, together with their Opinion, both of the Captains, and of the Manner of Relief, unto the King.

Upon this Report, moved, that other Captains, as well as Irish, may be relieved. -

To be feared, that out of Discontentment if they be not some way provided for, they will run to the Spanyard.

Where the Project is to have Relief from the Alehouses ; moved, That Relief is not fitly propounded out of so base a Subject. -

That the King should give Two thousand Pounds, the Lords One thousand Pounds, this House One hundred Pounds : That a Fifteen may be raised from the Kingdom.

Conferences.

Mr. D. Swale and Mr. D. Hone come in Message from the Lords;

That their Lordships have considered of their double Motion, for Conference : And touching the Act of the Union, they desire the Meeting may be this Afternoon ; for ecclesiastical Matters, this Day sevennight, in the Afternoon.

For the Matter of Wards, where it is already appointed on Friday, they desire it may be deferred till Saturday : The Place for all to be in the Painted Chamber.

They brought with them also Two Bills :

Dromond's Nat.

An Act for the Naturalizing of Sir John Dromond Knight.

Hay's Nat.

An Act for the Naturalizing of Sir James Hay Knight.

Error of Lords Messengers, &c.

These Messengers returned back again to the Lords, and did not stay, as the Manner is, to receive the Answer of the House ; which being observed, Sir Edw. Hobby was sent to the Lords, to acquaint them with the Error of their Messengers; and to let their Lordships know, they did assent to every Part of their Message.

Sir Edw. Hobby returneth from the Lords, That they give Thanks to the House for yielding to their Motion, in deferring the Day of Meeting touching the Wards, &c. till Saturday; and do acknowlege the Error of their Messengers, in coming away without Answer.

Assert Lands.

The Bill touching Assert Lands, to be thirdly read, and disputed, To-morrow.