House of Commons Journal Volume 1: 07 May 1604

Lunae, 7o Maii, 1604

Courts Leet, &c.

L. 2. B. TO prevent the Overcharge of the People by Stewards of Courts Leet, or Courts Baron: - Committed to Mr. Nath. Bacon, Mr. Johnson, Mr. Crewe, Mr. Thomas Trevor, Mr. Wyseman, Sir John Savill, Sir Edw. Tyrrell, Sir John Thynne, Mr. Hoskins, Sir Rob. Knollys, Sir Herbert Crofts, Mr. Fuller, Sir Geo. Moore: - To meet on Thursday, in the Exchequer Chamber.

Privilege- Charge of Bribery.

Sadler, the Solicitor of the Bill touching Hats and Felts, brought to the Bar, according to the Order on Saturday; and being examined touching the 100l affirmed to be given to Mr. Typper for passing that Bill, said, that it was true, they give him 100l. but it was to defray Charges in following, and passing under Seal, a Charter of Incorporation for them ; and that Conditions were drawn between them to that End.

This Answer was taken as a Satisfaction; the Matter closed, and Mr. Typper discharged.

Privilege-Arrest of a Member.

It was informed, that the Warden of the Fleet denied to execute the Writ of Habeas Corpus, lately awarded for Bringing of the Body of Sir Tho. Shirley into the Member. House, before the King's Royal Assent be procured to the Bill for the Security of Simpson and himself.

The Warden himself, at the Bar, examined upon Oath [a], whether any Intercourse or Dealing between Simpson and him; any Reward, or Promise of Reward, by Simpson, or other Hope from him, or his Friends, was there, for the Detaining, and not Delivering of Sir Tho. Shirley.

He answered resolutely, That he had no Hope, directly or indirectly.

Being urged, whether, upon a new Writ, he will yield his Body; he denied it, as before.

The Warden retired; and, upon some Debate, the Order was, That the Warden shall remain in the Custody of the Serjeant; the Prison of the Fleet, in the mean while, be set in Safety; and if Tomorrow, upon a new Writ of Habeas Corpus cum Causa, he do not yield ; that then, without further Hearing or Appearance in the House, he be delivered over to the Lieutenant of the Tower, as the House's Prisoner; and there kept until further Order.

[b] A Warrant was directed for a Writ of Habeas Corpus cum Causa, according to the Meaning of the House:

Lunae, 7o Die Maii, 1604.

WHEREAS the King's Majesty's Writ of Habeas Corpus, for the Bringing of the Body of Sir Thomas Shirley Knight, now Prisoner in the Fleet, into the Commons House of Parliament, was lately awarded, by special Order, but withstood and disobeyed by the Warden of the Fleet, to the great Contempt of the Authority and Privilege of the said House; it is this Day ordered and required, on the Behalf of the said Commons, that another Writ of Habeas Corpus cum Causa, be again awarded, for the Bringing of the said Sir Tho. Shirley into the House Tomorrow, at Eight of the Clock in the Morning. And this shall be your Warrant.

"To my very loving Friend Sir Geo. Coppin Knight, Clerk of the Crown in the Chancery."

Privilege-Abuses by Sheriff at an Election.

The Sheriff of Shropshire was said to be come; and moved, That he might be heard by his Counsel.

Answ. That in some Cases, not capital, Men are denied Counsel.

Bassett, Sheriff of Staffordshire, in Matter of Fact had no Counsel.

In the free Choice of the House, to allow, or not allow, Counsel.

The Sheriff of Norfolk, 29 Eliz. was admitted to his Counsel.

Resolved, That for Matter of Fact, his Cause first to be opened by himself; and then the Question to be made, whether Counsel, or not.

The Sheriff appearing at the Bar, kneeled; but by Favour, had leave to stand.

Moved, by himself, for Counsel: And Ordered, That Counsel on both Parts shall be heard.

Articles of Accusation against him, offered, and read, in the House, [a]; and the Committee for Privileges appointed to consider of them ; as also of all other Matters, that may incidently, or by the way, appear unto them, either of Fact or Law, in that Case of the Sheriff now in Question ; and to report their Proceedings Tomorrow, in the Morning, before the Sheriff, or his Counsel, be admitted into the House, or heard in the said Cause: -

Their Place of Meeting, the Exchequer Chamber.

The Abuses objected are as follow :

Abuses committed by the High Sheriff of the County of Salop, concerning the Election of the Burgesses for Shrewsbury, upon the first Writ, which we pray he may be examined of.

1. THAT he received the first Writ for Election of Knights and Burgesses, and executed the same in the County-court, the Ninth Day of February; but delivered not any Warrant to the Bailiffs, to elect Burgesses, till the Sixth Day of March; and, to cover his Abuse therein, dated the Warrant Eight Days before the Delivery.

2. That, the Ninth Day of February, he did threaten the Bailiffs, that if they did not make Choice of such as he should think sufficient, he would not return them, but such others as he should like; saying, the worst was but the Loss of an Hundred Pounds.

3. The said Sheriff, betwixt the Time of the Writ received, and the Election of the Burgesses, by himself and his Friends, laboured many particular Persons to give their Voices with Mr. Serjeant Harris; and finding them not forward therein, used many threatening Speeches to them, and, by such means, causing them to make Promise, entered their Names in a Roll.

4. That, contrary to an Order taken by the Bailiffs, Aldermen, and Common-council, that none should come into the Common-hall, at the Time of Election, which were not interested in the Choice, Mr. Sheriff, with divers others, that had no Voice in the Election, rushed into the Hall; and they being willed to depart, refused, and disturbed the rest of the Burgesses.

5. The Sheriff, and Two others of his Company, pressed up to the Bench, where none ought to sit but the Bailiffs, Aldermen, and such as are of Counsel with the Town; and refused to move from thence, being told they ought not to have Place there.

6. Whereas, by Composition, confirmed by Act of Parliament, no Burgess, though he be interested in the Election, ought to speak to the Bailiffs, but by One of the Common-council; yet the said Roger Owen, by often Speeches at the Bench, interrupted the Bailiff's Proceedings, and countenanced others so to do.

7. Richard Rocke, the Sheriff's Man in Livery, and others of the Sheriff's Followers, laid Hands upon the publick Officer, and hindered him to perform the Service commanded by the Bailiffs.

8. The said Sheriff, and his Followers, in Disturbance of the Election, urged the Reading of the King's Majesty's Proclamation, touching Election of Burgesses; knowing the same had formerly been proclaimed in the Town, and was at the same Time set up in the Market-place for all Men to read ; and, at a former Assembly of the Commons, concerning their Election of Burgesses, had been read unto them ; and that nothing, by the Orders of the same Town, ought to be read or propounded to the Commons, which should not so be ordered by a former Assembly of the Bailiffs, Aldermen, and Common-council.

9. That, after Election duly made, he drew many Persons to his House, promising them Wine and Beer, and then got them to set their Hands to a Note, concerning their Voices to be given to Serjeant Harris; many of them being made so drunk as they were not able to go home.

10. That, Indentures being made, according to the Sheriffs Warrant, and brought to his Deputy, he received the Fee of Four Shillings, together with the Indentures, promised to send the Counter-part, sealed; and afterward, by the Means of the said High Sheriff, the same was not performed.

11. The Writ, for Election of Knights and Burgesses, was returned by the Sheriff's Man, the Seventeenth or Eighteenth of March, without any Indenture for theTown of Shrewsbury; after which, viz. about the Twenty-second Day of March, the said Sheriff caused a new Indenture to be made betwixt him and divers others, whereof divers were not interested in the Election, and divers were not present at the Election; and thereby certified the Election of Mr. Serjeant Harris, and Francis Tate; whereas the said Serjeant Harris was not elected; and divers of the Parties subscribed gave their Voices with Mr. Barker, who was elected, and not returned by the Sheriff, contrary to the Intent of such as subscribed.

Abuses upon the Second Writ.

1. That the Sheriff received, or might, if he would, have received, the same on Friday, the Twentieth of April; and yet he made no Warrant to the Bailiffs, for Election, till Wednesday, the Twenty-fifth Day of April, about Four of the Clock in the Afternoon.

2. That, after Knowlege of the Second Writ, the said Sheriff removed his Houshold to the Town of Shrewsbury, thereby to have some Colour to come into the Hall at the Election, and with more Ease to labour particular Persons to give their Voices, as pleased him ; which he also did, as before.

3. That, at the Time appointed for the Election, he came to the Common-hall, with many Tensers, which he knew to be no Burgesses, though they dwelt in the Town; whose disorderly Carriage there gave One of the Bailiffs Cause to command them to depart, and not disturb their Election, otherwise their Disorder would force them to desist from the Election; whereupon some of them began to hiss at the Bailiff; which Disorder caused the Bailiffs then to depart, without further Proceeding.

4. The Bailiffs proclaimed a Common-hall to be held for Election the next Day, forbidding such as had no Voice to come to the Hall, and commanding all Men to keep the Peace, and come without Weapons; and the next Day, for Observation hereof, made the like Proclamation in the Hearing of Mr. Sheriff ; and appointed certain Warders to stand at the Steers of the Hall, to let none to come with Weapons: One of the Sheriff's Brothers came with his Weapon to the Warders; who requiring, that he would leave it off, if he would go in, reviled the Warder, and threatened he should be knocked anon.

5. That by-and-by the said Sheriff, and divers others of his Faction, came weaponed towards the Door; and being desired, if they would enter into the Hall, to lay aside their Weapons, the Sheriff laid hold on One of their Halberds; which the Party recovering from him, the Sheriff offered to draw his Weapon, and had so done, but that he was stayed by Mr. Corbet; but some of his Servants drew their Weapons, and made a Tumult.

6. That after the Bailiffs had pacified the Tumult, and desired Mr. Sheriff in quiet Manner to see the Election, he refused so to do.

7. That he gave forth Speeches, after the new Writ received, that, albeit Mr. Barker should be chosen, he would never return him, whatsoever came of it.

That the Indentures being brought to his House, he

would not be spoken with; and his Under-sheriff refused to seal the Counter-part thereof.

Purveyance.

Mr. Hare reporteth the Conference this Morning, touching Purveyance. -

Unjust, unlawful, untrue Commissions by the Officers of the Green-cloth. -

The Custom and Course of Purveyance by such Commissions, since H. VIII's Time, altogether against the Law.

The ancient Commissions otherwise [a]. -

A Custom interrupted, no Custom. -

The Dog runs after the Stone, not after the Hand that casts it: - We, not after the Purveyors, but after the Officers, &c.

Ditto.

A new Meeting appointed Tomorrow Morning, to confer, touching the Petition and Articles exhibited to his Majesty against the Abuses of Purveyors; in the mean Time a special Committee named to consider of them ; namely, Mr. Hare, Mr. Hyde, Mr. Martin, Sir Jo. Savill, Sir Francis Bacon, Mr. Eure, Mr. Fuller, Mr. James, Sir Rob. Nappier, Sir Rob. Wroth, Sir Geo. Moore, Sir Tho. Beamount, Sir Wm. Skipwith, Sir Edw. Tyrrell, Sir John Thynne, Sir Rob. Wingfield, Mr. Staughton, Sir John Boys, Sir Tho. Denton, Sir Nicholas Sanders, Sir Roland Litton, Sir Francis Hastings, Sir Edw. Hext, Sir Henry Wytherington, Mr. Serjeant Hobart, Sir Herbert Crofts, Sir Lewys Lewknor, Sir Henry Nevill, Sir Geo. St. Poll, Mr. Bacchouse, Sir Wm. Burlacy, Sir Francis Popham, Sir Walter Cope : - To meet this Afternoon, in the Exchequer Chamber.

A Collection made by the former Committee, of such Gentlemen, Members of the House, as either by Experience in their own Particular, or by the Testimony of their Country Neighbours, could make more pregnant Proof for the several Articles, and might most aptly speak unto them, if they were called ; viz.

Mr. Serjeant Hobart,

Sir Lawrence Tanfeyld,

Mr. Fuller,

Mr. Lawrence Hyde,

To open and defend the Statute Laws :

Sir Tho. Bishop, Mr. Hare, Mr. Serjeant Dodridge, Sir Robert Wroth, Sir George Moore, Sir Edmund Boyer, Sir Edmund Ludlow, Sir Nicolas Saunders, Sir Wm. Borlace, Sir Tho. Denton, Sir Peter Manhoode, Sir Water Cope, Mr. Backhouse, Mr. Coale of Winchester, Sir Wm. Fleetwud, Mr. Jeames, Sir Richard Pawlet, Sir Robert Nedam, Sir Edward Deny, Sir Roland Litton, Mr. Kirton, Sir Robert Knowles, Sir Richard Bucleygh, Sir Roger Pilesdon, Mr. Mutton, Mr. Water Dotin, Mr. Hexte, Sir Tho. Freak, D. James, Mr. Johnson, Mr. Alexander Tutt, Sir Lewys Lewknor, Mr. Hoskins, Sir John Thynne.

Butler's Estate.

Moved, That in the Proceeding of a Bill for the Confirmation of the Lands of Henry Butler, Esquire, upon the Marriage of his Son Wm. Butler, there might be Notice given by Mr. Speaker, to the said Henry : which was Ordered accordingly, and a Letter written to this Effect:

AFTER my hearty Commendations : Whereas a Bill is preferred, concerning the Assurance of some of your Lands, upon the Marriage of your Son William Butler, hath received a Second Reading, and a Commitment in the Commons House of Parliament , the Committees have made Report, that they conceive it just, that Notice be given unto you, before any further Proceeding : Which the House hath accordingly ordered, and commanded me, their Speaker, to do it; requiring your Answer, immediately upon the Receipt hereof that there may be, a due and speedy Proceeding of the Bill, if you so like it. And so I bid you farwel. From Boswell-house, this Seventh of May 1604.

Your loving Friend,

" To my very loving Friend,

Henry Butler, Esquire, at

Rawcliffe in Lancashire.

Ed. Phelips, Speaker.

Delivered to Mr. Wm. Butler his Son, to be conveyed accordingly.

Privilege-Relief of Plaintiffs.

L. 3. An Act for new Executions to be sued after the Parliament, where the Defendants, &c. - Upon the Question, passed.

Rodney's Estate.

L. 3. An Act for the quiet Establishing, and Settling of the Lands of Sir Geo. Rodney, &c. - Upon Question, passed.

Lucas's Case.

Upon the Motion of Sir Maurice Berkley, on the Behalf of the Creditors in Mrs. Lucas her Case, it is ordered, That all, or any of them, which desire to be heard by their Counsel, shall be admitted at the Committee, and there be heard at large.

Sheep Stealers.

L. 3. An Act to take away Clergy from Cattle and Sheep Stealers : - Upon Question, passed.

The Clerk's Illness.

This Afternoon the Clerk, by his long and painful sitting, feeling a great Distemper in his Body, was forced to beg leave to supply his Place the next Day by a Deputy ; which was done by one Cadwallader Tydder, an ancient Clerk, that had been Servant to Mr. Onslowe, the former Clerk of the House, and had once or twice supplied the Place in his Time.

To this End the Clerk writ his Letter to Mr. Speaker, as followeth :

SIR,

MINE own Feeling and Observation, besides the Physician's Opinion, maketh me fear some Alteration in the State of my Body ; and therefore, lest I should suddenly be altogether disabled for the Discharge of my Service and Duty to the House, I humbly desire you, that you will be pleased to be a Mean, that I may supply the Place by Mr. Cadwallader, for a Day, or Two ; being well acquainted with the Orders of the House, will (I presume) give good Satisfaction, as heretofore he hath done : In the mean Time I may provide some Remedy for Prevention of that Weakness, which otherwise, I am assured, would grow more and more upon me. And so, in this, and all other Things, being most bound unto you, I take my Leave. From Grays Inn, this Eighth of May, 1604.

Your's humbly

ever at Commandment.