House of Commons Journal Volume 1: 03 March 1607

Pages 346-347

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 346
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Martis, 3 Martii, 1606

Marshalsea Court.

A MOTION, for more Names to be added to the Committee for the Abuses of the Court of Marshalsea, &c. and were named; Mr. Attorney-general, Mr. Solicitor, all other Lawyers of the House, Sir Francis Eure, Mr. Holt, Sir Richard Haughton, Sir Oliver Cromwell, Sir Robert Mansfield, Mr. Bond.


L. 1a. B. For Repealing of One Cause or Branch of a Statute, made in the first Session of this Parliament, intituled, An Act concerning Wherrymen and Watermen.

Church Ministers.

L. 1a. B. For Explanation of the Statute of 13 Eliz. touching Disorders of Ministers in the Church.

Cutton Manor.

Report, from the Committee, made by Mr. Hoskins, of the Bill to convert the Manor and Prebend of Cutton in the County of Devon (being a Prebend sine Cura) to the Maintenance of a Free-school, with Amendments; which were twice read; and the Bill, upon Question, ordered to be ingrossed.

Innundations in Devon, &c.

This Day, upon a Motion made by Mr. Speaker, touching the manifold Wants and Miseries fallen upon sundry his Majesty's Subjects, by reason of the late great Overflowing of Waters in ths Counties of Devon, Somersett, Glocester, Monmouth, and Glamorgan, it was thought fit by the House to name a special Committee, with Direction and Authority to consider of all convenient and likely Courses, for the Repair and Relief of the Losses and Calamities occasioned by so extraordinary an Accident, whereof the like hath not been heard of in many Ages.

For this Service were named, all the Privy Council, being Members of the House, the King's learned Counsel, the Knights and Burgesses or Devon, Somersett, Glocester, Hereford, Monmouthshire, and Glamorganshire, Sir Francis Hastings, Mr. Recorder of London, Sir Edward Mountague, Sir Geo. Moore, Sir Nath. Bacon, Sir Edw. Grevill, Sir Robert Wingfield, Sir Francis Goodwyn, Sir Thomas Challoner, Sir George Fleetwood, Mr. Fuller, Sir Thomas Mounson, Mr. St. John, Sir Richard Bulkley, Mr. Forsett, Sir William Burlacy, Sir Geo. St. Poll, Sir John Williams, the Burgesses of all Port Towns, Sir John Hungerford, Mr. Gore, Sir Robert Johnson, Sir Roland Litton, Sir Francis Barrington, Mr. Wyseman, Sir Thomas Lake, Sir John Savill, Sir Hugh Beeston, Sir Edw. Hobby, Sir John Heigham, Sir Rich. Hawkins, Sir John Peyton, Sir Rob. Phelips, Sir William Skipwith, Sir Robert Mansfield, Sir Gamaliel Capell, Sir Henry Poole, Sir John Trevor: - To meet on Saturday next, in the Parliament-house.

Union with Scotland.

Sir John Heigham moveth a Consideration to be had of the late Message sent from the Lords; which was read in Writing.

The House thought it meet that the Sub-committee, viz, such as were formerly selected to maintain Dispute at the Conference, should retire themselves into the Court of Wards (the House now sitting) and take the Message in Writing with them, the better to advise upon an Answer: Which they did accordingly.

Members absent without Leave.

It was now remembered, and called in Question, that Mr. Hyde, the last Day, immediately upon the King's Message, pleading certain Businesses of his Clients,

and other his private Occasions of Profit and Necessity (as he pretended) made known to the House, that he would go out of Town; and so took his Leave in open Audience, without the Assent or Leave of the House ; which was taxed; and Mr. Speaker warranted to write unto him : which he did, in this Form.

AFTER my very hearty Commendations. Sithence your Departure hence, there hath been Complaint made to the House, that you have gone without Leave, and contrary to his Majesty's Pleasure signified, and the express Order of the House: This bred great Dispute, and it was in a manner resolved, that you should be presently sent for by the Serjeant, as being conceived to be a Precedent of ill Example and Contempt (other Mens Cases considered with yours) which led me to interpose this Motion to the House, that, if you came not before Monday next, the Day appointed for Calling of the House, you might then be proceeded withal as the Case did require, and myself offering to write unto you, to that Purpose, they desisted, and left it to my Care: Nevertheless, for many important Reasons, wherewith I will acquaint you at your coming, I do advise, as also require you, from the House, that you forthwith repair hither, and attend the Service in hand, which is now in the greatest Heat and Haste of Proceeding. And so I commit you to God.

Directed : " To my very loving Friend Mr. Lawrence Hyde Esquire."

It was also moved, and resolved, that Mr. Speaker should write another Letter to other Lawyers, being gone down in the same Circuit, where Mr. Lawrence Hyde was; viz. Mr. John Moore, Mr. Gyles Tooker, Mr. Edward Diggs, and Mr. Nicholas Hyde; which also he did, to this Effect:

AFTER my very hearty Commendations. Sithence your Departure hence, there hath been Complaint made, as well of your Absence, as of many others; which hath moved the House to press some speedy Course for your Return; and thereupon have commanded me forthwith to write unto you, that you make your Repair hither, without Excuse or Delay; which I would advise you to do, to prevent further Question or Danger, such as I would be loth you should undergo, as now the Case stands. And so I commend you to the Protection of the Almighty.

" To my very loving Friends Mr. Gyles Tooker, Mr. John Moore, Mr. Edward Diggs, and Mr. Nicholas Hyde, Esquires, Members of the Commons House of Parliament."

Briefs to Bills.

Ordered, upon Mr. Speaker's Motion, That every Committee when they proceed to the Amendment of any Bill committed unto them, should also amend the Brief annexed, and make it agree with the Bill.


L. 3a. An Act for the Repressing of the odious and loathsom Sin of Drunkenness: - Upon a third Reading, much disputed; Two Provisoes read thrice, and, upon several Questions, added; and the Bill, with the Provisoes, upon another Question, passed.

Sir John Tyndall and Mr. D. Hone bring from the Lords Two Bills:


LL. 1. B. To restrain the Multitudes of Inconvenient Buildings in and about the Cities of London and Westminster, and the Suburbs of the same.

Inmates, &c.

2. B. Against Dividing of Tenements, and against Inmates, Under-sitters, unlawful Victuallers, and other Houses of Disorder, in and about, London and Westminster.

Union with Scotland.

Sir Edward Hobby reporteth the Agreement of the Sub-committee, touching an Answer to the Lords Message; which they brought in Writing, to this Effect:

That forasmuch as we do conceive, the Scope of their Message, sent unto us Yesterday, and read in Writing, to be, to move us to a Conference about Naturalization in general, that is (as we understand it) only of the Conveniency, and Limitations, for Naturalizing, as well of the post nati, as of the ante nati; we will fall to a Consideration thereof among ourselves, as the Matter will bear, and then advertise their Lordships, and be ready to attend the Service.

The Reporter himself sent with the Message; and, for the Help of his Memory, allowed by the House to take the Paper with him, as the Messenger from the Lords had done before.

The Messenger returned; said, he had delivered the Message of the House, with the Help of his Paper, not as commanded, but as of himself; and Reply was made unto him thus:

That it was true, that they had sent to move the House for Conference concerning a Naturalization in general, but left it to their Wisdom to understand the Meaning of their Message; and, not by way of Answer, but out of a Desire, prayed, that they would use all Expedition for a further Meeting.

The former select Committee were appointed to meet this Afternoon, at Three a Clock, in the Court of Wards; and, upon Consideration of this Reply, and other Messages to and fro, to advise, what Course were fittest for the House to enter into; and to report their Opinions To-morrow in the Morning.

And by this Occasion were added to the Committee, all the Privy Council of the House, Mr. Recorder of London, Mr. Martin.

St. Saviours, Southwark.

Whereas the Counsel in the Bill touching the Incorporating of the Parishioners of St. Saviours, in Southwark, for want of Time, and other Occasions, could not be heard Yesterday, according to a former Order in that behalf; it is this Day, upon special Motion, ordered and appointed by the House, that the said Counsel shall attend again upon Thursday Morning, at Eight of the Clock, for a further Hearing.