House of Commons Journal Volume 1: 03 February 1606

Lunae, 3o die Februarii, 1605

Ly. Cave's Jointure.

1. Reading. THE Bill for the Assurance of the Jointure of Dame Elionor Cave, being committed, was this Day brought in by Sir Edward Grevill, from the Committee; and reported by him, that the old Bill was thought defective, and a new Bill framed; and by him delivered in, and firstly read,

Privilege - Member committed by Judges.

Roger Brereton delivereth a Petition to the Serjeant, and Mr. Holt presenteth it, shewing, that being chosen Member a Burgess for Flynt, he was committed for a Contempt by the Judges of the Kings Bench, 23 November last. - Referred to these Committees; Sir Geo. Moore, Sir John Heigham, Sir Edw. Hobby, Mr. Wyseman, Sir Edw.

Hobby, Mr. Pulleston, Mr. Rob. Bowyer, Sir John Boys, Sir Fr. Hastings, Sir Nath. Bacon: - Thursday, Committee Chamber.

These Committees are appointed to consider of the Petition exhibited by Roger Brereton this Day, as also of other Matters of the like kind, touching Matter of Privilege ; and to report their Proceedings to the House.

Recusants.

The Articles agreed upon, for the Framing of an Act of Parliament, for the better Preventing of all Popish Practices against the King's Majesty, and the State ; and for the better Preservation of the King's Majesty's Subjects in their due Obedience :

1. Article : The King's Choice of Twenty Pounds a Month, or Two Parts of the Lands. -

Upon Question, to be inserted into the Bill.

Sir John Boys ***

2. Article: Due Presentment by the Church-wardens; Penalty for not presenting; Reward for presenting. - To be inserted.

Sir Thomas Beamount: - For the Inhibiting them to keep House; and urgeth many Reasons.

Mr. Solicitor urgeth a Difficulty in taking them from Houses; for that no Man will be willing to entertain them ; and a Fear, ne pars sincera trahatur.

3. Article : Recusants, conforming themselves, to receive the Communion the first Year after. - Resolved, To be inserted in a Bill.

Sir John Heigham moveth for some Provision for such as are conformed already. - Thought fit to be set down in a several Article.

Sir Wm. Stroud: - That such as are conformed, and do not receive, may stand in like Case.

Sir Roger Owen : - Six Reasons against the Article.

Mr. Solicitor: - Whether, by a penal Law, a Man may be compelled to a mere Spiritual Action. -

Discover a Counterfeit: - Make him known to Men.

- A true Token of his Conversion, if he receive the Communion twice.

4. Article : The new Oath. - To be considered by the Committee this Afternoon, in the Parliament-house, in respect of sundry Exceptions.

Ditto.

In this Interim, Sir John Crook, Sir Matthew Carye, and Sir Edw. Stanhope, * * * a Message; That the Lords, out of their Care and Zeal to advance the Religion of God, have entered into Consideration, what is difficult, and defective, or redundant, in former Laws made against Recusants ; understanding by a general * * the Concurrence of this House, move for a Conference : - Forty of the Lords to meet.

Agreed, and answered by the House, that Eighty of this House shall meet the Lords.

Committees added to the former Committee against Recusants: The Lord Buckhurst, the Lord Howard of Walden, Sir Oliver St. John, Sir Rich. Lovelace, Sir Geo. Fleetwood, Sir Edm. Carye, Sir Henry Nevill, Sir John Townsend, Sir Tho. Denton, Sir Wm. Wray, Mr. D. James, Sir Rich. Bulkley, Sir Henry Nevill, Sir Edw. Grevill, Sir Tho. Howard, Sir Rob. Stapleton, Sir Gamaliel Capell, Sir John Hungerford, Sir Lewys Lewknor, Sir Warwick Heale, Sir Wm. Waad, Sir Rob. Moore, Sir Valentyne Knightley, Sir Vincent Skynner, Sir Rob. Johnson, Sir James Perrott, Sir Roger Owen, Sir H. Poole, Sir Jo. Mallorie, Sir Tho. Beamount, Sir Wm. Bowyer, Mr. Rob. Bowyer, Mr. John Panton, Sir John Morris, Sir John Boyes, Sir Rich. Spencer, Sir Edw. Francis, Sir Rob. Phelips, Sir Antho. Rous, Sir Henry Goodyeare, Mr. Hare, Mr. Blinco, Sir Tho. Maunsell, Sir Wm. Fleetwood, Sir Tho. Holcroft, Mr. Pulleston, Mr. Yong, Sir John Hobart.

The same Messengers bring Word, that, upon Thursday next, the Conference might be, at One a Clock, in the Painted Chamber.

Assented by the House.

Ditto.

The general Committee to consider of the fourth, Article ; and in the mean Time not to be read.

Mr. Fuller to be spared.

Mr. Yelverton, Mr. Lawrence Hyde, Mr. Winch, Mr. Tate, Sir John Boys; these to attend the general Committee this Afternoon.

Recusants.

4. Article: The Penalty of 20 l. for the Wives Recusancy.

Mr. Lewknor, Mr. Fuller, against the Article.

Mr. Solicitor defends the Resolution of the Committee. -

If the Husband shall not pay for his Wife, the Husband may be dispensed withal.

Mr. Winch, for the Article: - Not unjust, that the Master should answer for the Servant, the Husband having Government for the Wife.

Mr. Hyde: - The Law, as it stands already, adjudged to reach to the Wives.

Mr. Martin: - Respondeat superior: - But against the Article, in respect of many Particulars, that are good Subjects.

5. Article read, and referred to the Committee.