House of Commons Journal Volume 1: 13 February 1607

Veneris, 13o Februarii, 1606

Soham Manor.

L. 2a. B. FOR Confirmation of Letters Patents, made by the King's Majesty to Sir Roger Aston, Knight, and John Grimsditch, Gentleman,&c. - Secondly read, and committed to the Committees named upon the second Reading of the former Bill; only now added, Sir Henry Poole.

Marshalsea Court.

B. For Reformation of Abuses, and the due Execution of Justice, in the Court of Marshalsea of the King's Houshold, and the Vierge of the same : - Secondly read; disputed ; and upon Question, rejected.

Union with Scotland.

The Remembrances formerly set down, and read, being privately delivered to the Clerk by Sir Henry Mountague, the Day of the late Adjournment, were required by the House, to be delivered openly, upon Report.

Thereupon he took the Paper into his Hands again, reported the Agreement of the Committee, generally to be according to the Particulars there set down, and returned the Paper to the Clerk's Hands again.

Mr. Speaker offered to read the said Remembrances himself, but was interrupted by Speech and Dispute in the House, whether they should be read One by One, and so debated; or all at once, without Distinction or Pause.

Exceptions to a Member's Words.

In this Difference of Opinion Sir Chro. Piggott Knight, One of the Knights of the Shire for the County of Buck. with a loud Voice (not standing up bare-headed, with Reverence to the State of the Assembly, as the Order is) pressed to have them read generally, and at once, concurring in that with the Opinion of divers others. But the House observing his Earnestness, and Manner of sitting and calling, for Order-sake, urged him to stand up and speak, if he were desirous to make known his Opinion. Whereupon he arose, and pretending at the first to deliver some Reasons why he pressed the Reading of the Remembrances generally, he afterwards entered into By-matter of Invective against the Scotts and Scottish Nation, using many Words of Scandal and Obloquy, ill beseeming such an Audience, not pertinent to the Matter in hand, and very unseasonable for the Time and Occasion, as after was conceived. Which his Speech, as it was unadvised and rude in itself, so was it sudden and unexpected to the House; and though there appeared in every Man's Countenance a great Dislike of that which passed from him with so great Distemper; yet, out of a common Care to follow and expedite the weighty Business then in hand, his said Speech was, for this Day, with a general Amazement, neglected, without Tax or Censure.

Union with Scotland.

It was moved and urged, that the foresaid Remembrances, at the Conference held immediately before the Adjournment of this Session, were not agreed upon by

the Committees of both Houses, in sort as they are set down; and that they were delivered and received into this House, without Warrant; and was thereupon ordered, that they should be returned to the Hand from whence they came, and there be reserved only for private Instruction, and not be accepted or entered as authentick by the House.

Union with Scotland.

It was remembered, that Mr. Attorney-general had the Charge of a particular Report from the Conferences ; wherein he laboured to excuse himself by a great Cold he had taken : But the House not being satisfied with his Excuse, he entered into it particularly, as well for the Matter of Commerce, as that of hostile Laws, as also touching the Point of Navigation; agreeing in the most with the Articles of Remembrance formerly read.

The Matter of Escuage was said to be omitted by him ; and moved, that since it was delivered unto him by the House in Writing, that he would make his Account to the House by a written Report.

It was excused by another, that Mr. Attorney's Commission was only to propose it, without Purpose of Debate, or Demand or Expectation of Answer; and so indeed was left, without further Motion or Proceeding at the Conference.

Mr. Speaker, seeing the House silent, moveth for further Direction.

Moved by others that a Bill might be drawn :

That it might be left to Committee :

That every Particular might be weighed :

That it may be disputed in the House, before it be any more referred.

Privilege.

The Writ of Habeas Corpus formerly directed for Finch, Servant to Sir Michael Sondys, was returned, and read by the Clerk :

JACOBUS, Dei gratia, Angliae Scociae, Franciae, et Hiberniae Rex, fidei defensor, &c. vicecomitibus London. Salutem. Praecipimus vobis, quod habeatis coram nobis, in praesenti Parliamento nostro apud Westm. in die Veneris, tertiodecimo die intstantis mensis Februarii, circa horam nonam ante meridiem ejusdem diei, corpus Thomas Finch, capt. et in prisona nostra sub custodia vestra detent. ut dicitur, quocunque nomine aut cognomine idem Thomas censeatur, una cum causa captionis et detentionis ejusdem Thomae, ad respondendum super hiis, quae sibi tunc ibidem objicientur, et ad faciendum ulterius, et recipiendum, quod per nos in dicto Parliamento nostro consideratum et ordinatum fuerit: Et hoc nullatenus omittatis, sicut nobis inde respondere volueritis. Et habeatis ibi hoc breve. Teste meipso apud Westm. undecimo die Februarii, anno regni nostri, Angliae, Franciae, et Hiberniae, quarto, et Scociae quadragesimo.

Coppin.

Responsum Willelmi Walthall et Johannis Leman, vice-comitum :

Executio istius brevis patet in quadam cedula huic brevi annexa [a].

London, ss. NOS Willelmus Walthall et Johannes Leman, vicecomites London. Domino Regi, in praesenti Parliamento suo apud Westmonasterium, certificamus, quod ante adventum brevis ejusdem Domini Regis, nobis directi, ac huic cedulae annexi, videlicet sexto die instantis mensis Februarii, anno regni dicti Domini Regis, Angliae, Franciae et Hiberniae, quarto, et Scociae quadragesimo, Thomas Fynche, in praedicto brevi nominatus, captus fuit apud London. praedict. et in prisona praedicti Domini Regis, scilicet in Computatorio, scituat. in parochia Sanctae Mildredae Virginis, in warda de Chepe civitatis praedictae, sub custodia nostra in executione detentus, virtute cujusdam brevis praedicti Domini Regis, de Capias ad satisfaciendum, versus dictum Thomam Fynche, et quendam Richardum Knight, ad sectam Caraei Reynolds, militis, nobis directi; cujus brevis tenor sequitur in haec verba, scilicet: Jacobus, Dei gratia Angliae, Scociae, Franciae, et Hiberniae Rex, fidei defensor, &c. vicecomitibus London. Salutem. Praecipimus vobis, quod capiatis Thomam Fynche, nuper de Throwrts in com. Kanc. generosum, et Richardum Knight, nuper de London. Fishmonger, si inventi fuerint in balliva vestra, et eo salvo custodiatis, ita quod habeatis corpora eorum coram justiciariis nostris, apud Westmonasterium,in octabis Purificationis beatae Mariae, ad satisfaciendum Caraeo Reynolds, militi, tam de quodam debito quadraginta librarum, quod idem Caraeus, in curia nostra, coram justiciariis nostris apud Wesmonasterium, recuperavit versus eos, quam de quinquaginta tribus solidis et quatuor denariis, qui eidem Caraeo in eadem curia nostra adjudicati fuerunt, pro dampnis suis, quae habuit, occasione detentionis debiti illius, unde convictus est. Et habeatis ibi hoc breve. Teste E. Coke, apud Westmonasterium, 28o die Novembris, anno regni Regis, Anglae, Franciae, et Hiberniae, quarto, et Scociae quadragesimo.

Barker. Brownlowe.

Et haec est causa captionis, et detentionis praedicti Thomae Fynche in prisona praedicta, sub custodia nostra : Corpus tamen ejusdem Thomae Fynche coram praefato Domino Rege, in praedicto praesenti Parliamento suo, ad diem et locum in praedicto brevi, huic cedulae annexo, contentos, paratum habemus, prout per idem breve nobis inde praecipitur.

Finch, at the Bar, delivered the Manner of his Arrest.

Knight, that procured the Arrest, was present, and affirmed, that he knew him to be an Attorney towards the Court of Common Pleas, but not Sir Michael's, Man.

Harrison, the Serjeant, was also at the Bar; and it did appear, that, before the Arrest, he did his uttermost Endeavour, to understand whether Finch did belong to any Member of Parliament.

The Parties convented, retired to the Door, as the Manner is, until the Case was resolved.

Sir Michael Sandys did avow, upon his Credit, to the House, that Finch lay in his House, solicited his Causes, and received Wages.

All menial and necessary Servants to be privileged.

The Precedent of the Baron of Walton's, Solicitor, and Huddleston's Solicitor, in the late Queen's time, remembered; the one in 43o, the other before.

Q. made, whether the Serjeant to be acquitted : -

Resolved, upon this Reason; because he did his Endeavour to know, &c. as before.

Q, whether Knight to be acquitted : -

Resolved also ; because Finch, though pretended to be a Servant, yet was an Attorney also, as was informed.

Finch to be privileged, and delivered by the former Precedents.

The Parties brought to the Bar again, and their several Judgments pronounced by Mr. Speaker accordingly.