House of Commons Journal Volume 1: 02 April 1604

Lunae, viz. 2o Die Aprilis, 1604

Report concerning Brydger.

Mr. Doctor James maketh Report of the Examination of Bryan Brydger, the Minister, formerly taken by the Committee, touching a Petition delivered by him to Mr. Speaker, containing Matter of Offence and Scandal to the State.

" He said, he confessed, he delivered the Petition to Mr. Speaker, which was read in the House, being intituled, An Information of Bryan Brydger, Minister, to the High Court of Parliament; being written with his own Hand on Tuesday last (as he thinketh) in one Haymer's House, a Scrivener in Westminster (with whom he hath no Acquaintance) and gave him Ob. for his Paper. Being urged often and many times to deliver, whether this proceeded merely from himself, or who have been Partakers or acquainted therewith ; he would not discover any, because he would not be Author of Murder to any, to bring them to Trouble ; neither would he tell, in generally (without naming any particularly) whether he had Consent of others therein, or not ; lest it might bring others thereby to Trouble. He refused to take any Oath to discover. He confesseth, he presented, this last Summer, Two Petitions to his Majesty, to the Effect of this Petition ; and sent them by a poor Woman in Thames-street, whose Name he knoweth not. He said, they were written with his own Hand ; and will not confess any other, that moved him thereto, or consorted with him.

His Books in the City are at one Mr. Arundell's, in an Alley in Thames-street, right against a Church, which hath a Bench going along : He can shew it to any. Other Books of his are at Colbrook, in Mr. Bowser's House there, in a Trunk. Being urged to tell, whether he knoweth of any other, that intend to prefer the like Petitions to his Majesty or Council; he would not confess any."

He said, they judged him to be a Man full of Humour, and void of all Piety and Discretion.

They found about him a little Note-book, written with his own Hand; wherein (amongst others) were contained these Questions :

Whether the King may command a Fast?

Whether the King may constrain a Man to pay Tythes?

Whether the King may restrain Christian Liberty?

He said, that they thought him a Schismatick in the highest Degree :

And so delivered in certain Notes of his Examination, in Writing, taken and penned by Sir Roger Wilbraham, One of the Committees, to the Effect aforesaid.

Buckingham Election.

It was then moved, that Committees might be named, to take the Examination of the Sheriff of Buckinghamshire, who was, by former Order, sent for, and now come ; And to that End were named, Mr. Solicitor, Sir Robert Wroth, Sir William Fleetwood, Sir Thomas Challoner, Sir Robert Wingfield, Mr. Serjeant Tanfield, Mr. Serjeant Lee, Mr. Yelverton, Mr. Francis Moore; who were appointed to take his Examination presently.

The Examination was presently taken by these Committees, and returned in this Form:

Interr. 1. WHY he removed the County from Aylesbury to Brickhill?

He saith, it was by reason of the Plague being at Aylesbury, the County being the 25th of January, at which time Three were dead of the Plague there: This was [the] only Motive of removing his County.

Interr. 2. Whether he were present at the first Election?

Saith, he was present ; and was as faithful to wish the second Place to Sir Francis Goodwyne, as the first to Sir John Fortescue : Sent Sir Francis Goodwyn Word before the Election, he should not need to bring any Freeholders; for the Election, he thought, would be, without Scruple, for them both; first to Sir John; 2. to Sir Francis. About Eight of the Clock he came to Brickhill; was then told by Sir George Throckmorton, and others, that the first Voice would be given for Sir Francis: He answered, he hoped it would not be so; and desired every Gentleman to deal with his Freeholders. After Eight of the Clock, went to the Election, a great Number there being Children, never at the County. After the Writ read, he first intimated the Points of the Proclamation ; then jointly propounded Sir John Fortescue, and Sir Francis Goodwyn: The Freeholders cried first, A Goodwyn ! a Goodwyn ! Every Justice of Peace on the Bench said, A Fortescue ! a Fortescue! and came down from the Bench, before they named any for a second Place; and desired the Freeholders to name Sir John Fortescue for the first. Sir Francis Goodwyn, being in a Chamber near, was sent for by the Sheriff and Justices; and he came down, and earnestly persuaded with the Freeholders ; saying, Sir John was his good Friend; had been his Father's ; and that they would not do Sir John that Injury. Notwithstanding, the Freeholders would not desist, but still cried, A Goodwyn! a Goodwyn ! some crying A Fortescue! to the Number of Sixty or thereabouts ; the other, for Sir Francis Goodwyn, being about Two or Three hundred. And Sir Francis Goodwyn, to his Thinking, dealt very plainly and earnestly in this Matter for Sir John Fortescue; for that Sir Francis Goodwyn did so earnestly protest it unto him.

Interr. 3. Who laboured him to make the Return so long before the Day of the Parliament ?

He being here in London, Mr. Attorney General, the second of March, at his Chamber in the Inner Temple, delivered him Two Cap. utlagat. against Sir Francis Goodwyn; and, before he made his Return, he went, and advised with Mr. Attorney about his Return ; who penned it: And so it was done by his Direction. And the Return being written, upon Friday after the King's coming through London, near about my Lord Chancellor's Gate, in the Presence of Sir John Fortescue, he delivered the Writ to Sir Geo. Coppin: And at this Time (it being about Four of the Clock in the Afternoon) and before they parted, Sir John Fortescue delivered him the second Writ, sealed; Sir John Fortescue, Sir Geo. Coppin, and himself, being not above an Hour together, at that Time; and never had but this new Writ of Parliament to him delivered.

Subscribed, Francis Cheyney.

This was returned by the Committee to the Hands of the Clerk, but not at all read in the House[a].

Sir F. Goodwin.

Sir Charles Cornwallis moveth, in Excuse of Sir Francis Goodwin's Absence from the House; and prayeth, that they would, as well in their own Judgment pardon it, as witness and affirm his Care and Modesty, upon all Occasions, to the King, in that he hath forborn, during all the Time of this Question, to come into the House.

Puritans.

L. 1. B. Against Puritans.

Suits.

L. 1. B. For Restraining of frivolous Suits.

Extortion.

L. 1. B. Concerning Extortion.

Statutes.

L. 1. B. For the better Execution of penal Statutes.

Pluralities.

L. 1. B. Against Pluralities of Benefices.

Sheep-stealing.

L. 1. B. To take away Clergy from Cattle and Sheep Stealers.

Cappers.

L. 1. B. For the Continuance of the Trade of Cappers.

Labourers Wages.

L. 1. B. For Explanation of the Statute of 5 Eliz. Labourers touching the Wages of Labourers.

Tanners.

L. 1. B. Concerning Tanners of Leather.

Countess of Nottingham's Nat.

L. 2. B. For the Naturalizing of the Right honourable Margaret Countess of Nottingham: - Committed to all the Privy Council being Members of the House, Sir George Carewe, Vice-chamberlain to the Queen, Sir Edward Hobby, Mr. Wentworth, Sir John Trevor, Sir Robert Mansfield, all the Serjeants at Law, Sir George Moore, Mr. Crewe, Sir Richard Leveson, Sir Henry Goodyear : - To meet this Afternoon, at Two a Clock, in the Court of Wards.

Bills of Restitution.

Sir Edward Stanhope and Sir Rich. Swale bring from the Lords, Two Bills, intituled,

An Act for the Restoring of Thomas Lucas, Gentleman, in Blood.

An Act for the Restitution of William Paget, only Son of Thomas, late Lord Pagett.

Ditto.

L. 2. B. Of Restitution of Henry Earl of Southampton.

L. 2. B. Of Restitution of Robert Earl of Essex, &c.

L. 2. B. Of Restitution of Thomas, only Son of Philip, late Earl of Arundell.

All Three committed to all the Privy Council, the Lord Clinton, the Lord Buckhurst, Sir George Carewe, Vice-chamberlain to the Queen, Sir Edward Hobby, Mr. Wentworth, Sir John Trevor, Mr. Serjeant Shirley, Sir Edwin Sandis, Sir William Jephson, Sir Henry Nevill, Sir William Lowre, Sir Maurice Berkley, Sir William Harvy, Sir George Moore, Sir Thomas Edmonds, Sir Oliver St. John, Sir John Hollis, Mr. Martin. Sir Thomas Denton, Sir George Mannors, Sir Francis Bacon, Mr. Hyde, Sir Arthur Atye, Sir Herbert Crofts, Sir Robert Herley, Sir Henry Hobart, Sir Roger Aston, Sir Francis Hastings, Sir John Scot, Sir Francis Knollis, Sir Edward Littleton, Mr. Fuller, Mr. Crewe, Mr. John Moore, Sir William Paddy, Sir Edward Grevill, Sir John Thinn, Sir Jerome Bowes, Sir Lewis Lewknor, Sir Edward Stafford, Sir John Trevor, Sir William Skipwith, Mr. Thomas Somerset, Sir George Fane, Sir Robert Mansfield, Sir Henry Carey, Mr. Allen Percy, Sir Robert Townsend, Sir John Townsend, Sir Roger Wilbraham, Sir James Perrott, Sir Henry Bromley, Mr. Solicitor, Sir Richard Hawghton, Sir Lewis Lewknor, Mr. Laughton, Sir Thomas Challoner, Sir Francis Barrington: - To meet this Afternoon, at Two a Clock, in the Court of Wards.

Privilege - Jurisdiction in Elections.

Mr. Speaker remembereth the Matter of Conference with the Judges; and offereth to repeat, and put again, the Questions, that were formerly made (being before uncertainly and unperfectly left, he said) in the Case of Buckinghamshire; viz. 1. Whether the House were resolved in the Matter? 2. Whether they should confer with the Judges ? And, at length, induced the House to entertain the latter Question; and, being made, was carried, by general Voice, in the Negative : - No Conference.

Questions not to be repeated.

Upon this Passage it was urged, for a Rule, That a Question, being once made, and carried in the Affirmative, or Negative, cannot be questioned again, but must stand as a Judgment of the House,

Mr. Speaker may attend Committee.

It was thought fit, that Mr. Speaker should attend may attend the Committee for penning the Reasons in Sir Francis Goodwin's Case ; not by Commandment, but voluntary of himself.