House of Commons Journal Volume 1: 08 May 1604 (2nd scribe)

Martis, 8o Maii, 1604

Fens.

1. THE Bill for the more speedy Recovery of many Hundred Thousand Acres of surrounded Grounds, in the Counties, &c. - The first Reading.

La Griece's Decree.

Per Sir Cha. Cornwallies' Motion.

2. The Bill for Performance of a Decree in Chancery, touching Wm. la Griece, and Cotterell; - The second Reading, and committed unto Mr. Nathaniell Bacon, Sir Jo. Higham, Sir Ro. Oxenbridge, Sir E. Lewknor, Sir Fra. Knolles, Mr. Wiseman, Sir Rich. Bulkley, Mr. James, Mr. Winch, Mr. Fra. Moore, Sir Henry Hubbard, Sir Charles Cornewalles : - To meet upon Friday in the Afternoon, in the Chequer Chamber.

Mr. Wiseman, - touching a Letter from the Speaker to Cotterell.

Assert Lands.

Bill of Asserts, and Committees, delivered to Sir Ro. Wingfield.

Homage.

Respite of Homage . - At Temple Hall, To-morrow in the Afternoon.

Lucas.

For Mrs. Lucas: - Tomorrow in the Afternoon, in Temple Hall.

Tythes.

The Bill touching Tythes in London, ordered to be read To-morrow Morning.

Poor.

2. The Bill for Relief of the Poor: - The second Reading, and committed - Mr. Cole, Sir Tho. Smyth, Mr. Recorder of London, Mr. Wiseman, Sir Francis Barrington, Sir Henry Nevill, Sir Jo. Oxenbridge, Sir Ed. Lewknor, Mr. James, Sir Francis Knolles, Sir Tho. Holcroft, Mr. Fuller, Sir Edward Hext, Mr. Francis Moore, Mr. Laughton, Sir Henr. Billingsley, Sir Francis Hastings, Sir Tho. Ridgway, Sir Ro. Wrothe, One Citizen of every City, Sir Tho. Hobby: - To meet Saturday next. Temple Hall, at Two- a Clock in the Afternoon.

Aliens Children.

Bill for Aliens Children, - To-morrow, Chequer Chamber.

Privilege- Arrest of a Member.

Sir J. Sherley moveth, touching Sir Tho. Sherley.

Propounded by Mr. Speaker, that a Warrant be directed from this House, for the Committing of the Warden of the Fleete close Prisoner in the Tower.

Mr. Speaker, - touching a Fine to be imposed ; the Clerk to bring in some Precedents, to that Purpose, Tomorrow ; and also for Order in the Pipe-office, for Search for Estreats, imposed by the Parliament.

Sir Edward Grevill moveth, that the Serjeant may be sent for Sir Tho. Sherley, according to some ancient Precedents.

Mr.... - That the Serjeants at the Law may attend To-morrow.

The Letter sent from Sir Tho. Sherley to Mr. Speaker, read in the House.

Sir Ro. Wingfield, Mr. Wiseman, Sir Tho. Holcroft, Sir E. Hobby, Sir Ed. Grevill, Sir E. Stafford, Sir Jo. Higham to view Precedents, against To-morrow touching Fines by Parliament.

The Serjeant is sent for the Warden of the Fleete, to bring him presently. To pursue the Precedent of Ferrers, according to the Precedent, recorded in the Book of Jurisdiction of Courts.

Religion.

Question touching a Motion for Religion, to be had with the Lords, for Conference. - Ordered. And thereupon are appointed, Sir Fra. Hastings, and 20 others, that will go. To have Time and Place appointed, and agreed upon, for meeting, &c. touching Religion.

Privilege.

A Subpoena served upon Sir Olyver St. John, by one Edgecoke: Served the 2d of May, to appear the 3d of the same. - Whether a Breach of the Privilege, or no.

Edgecoke had Warning, afore the Serving of the same, that Sir Olyver was a Member of this House, as is alleged.

Edgecoke to be sent for by the Serjeant, to answer in this House.

Marriages.

Jud'm.

3. The Bill to restrain all Persons from Marriage, until their former Wives, or Husbands, be dead : - The third Reading, and passed.

Apprentices.

Jud'm.

3. The Bill, touching taking of Apprentices: The third Reading, and passed upon the Question.

Labourer's Wages.

The Bill for Explanation of the Statute of 5o Reginae Elizabeth, touching Rating of Labourers Wages - The third Reading : Passed, upon the Question.

Privilege - Arrest of a Member.

The Warden of the Fleete, brought to the Bar by the Serjeant, &c. charged by Mr. Speaker.

Mr. Speaker : - The Warden hath abused the Lenity Yesterday. - And so reciteth accordingly.

He offereth in the Writ, with the Return.

Demanded, who drew the Return; he said, himself; but one Kempe wrote the Return. He saith, he received the Writ after Eight of the Clock.

Baskervile, Servant to Sir Tho. Sherley, produced upon Oath, saith, he received the Writ, half an Hour before Eight, and offered it before Eight of the Clock, at my Lord Chancellor's. - Two or Three Clocks struck Eight after.

Mr. Speaker declareth that the Writ not well made; because it is contained in the Writ, to be brought circa horam octavam.

The Warden brought in again, and asked, if the Writ had come in convenient Time, whether he would, or will, if another Writ be brought in convenient Time, deliver

Sir Tho. &c. he answered, he could make no other Answer, than he did Yesterday.

Why he dealt so severely with Sir Tho. Shirley: - He saith, Sir Tho. refused to give Security.

Why he restrained any to come to him: - He answered, he restrained others in like Sort.

Sundry Precedents alleged unto the Warden, of the like Cases; viz. of Ferrers, &c. by Mr. Speaker.

Pronounced to be sent to the Tower, close Prisoner, to Little Ease.

After, he desired to be heard; viz. Whether this Act, to be assented unto by the King, will discharge him, or no :

Answered, it would; and so delivered unto him Yesterday.

He would discharge him, if, by a Writ, he were brought before the Lord Chancellor, by a Writ, directed unto him for that Purpose.

Mr. Speaker: - What Exceptions To-day, and what Yesterday. -

Yet to deal upon so grounded a Course, as may not be subject to Exception hereafter.

Mr. Raynescroft -

Sir Ed. Lewknor: - To have the Copy of the Act pass.

Sir E. Hobby: - To have a Writ of Privilege, and the Mace, go for Sir Tho. To-morrow; And agreeth with Sir E. Lewknor.

Moved, Whether a Writ of Privilege, or by the Mace, by the Serjeant.

Habeas corpus, Writ of Privilege, and the Serjeant

Sir Jo. Higham: - To send the Serjeants, and also to forbear the Judgment, until To-morrow, touching his committing to Little Ease; and the Judgment to be deferred till To-morrow.

The Serjeant to be sent for Sir Tho. Sherley.

Sir Jo. Savile: - Though the King should give the Royal Assent, yet the Contempt, done by the Warden, ought to he punished.

Bills from Lords.

Sir Jo. Crooke, Sir Ed. Stanhope, and Sir Richard Swale, do bring from the Lords Three Bills; viz, One, for Restitution in Blood of William Howard, youngest Son of Tho. Duke of Norfolk, and of the Children of the Lady Margarett Sackvile, Daughter of the said Duke: One other Act, intituled, An Act against Conjuration, Witch-craft, and dealing with evil and wicked Spirits : And One other Act, for the Naturalizing of Sir John Ramsey Knight:

Religion.

And do bring Answer, touching the Message, sent unto the Lords, touching Religion, their approving the Motions made by this House. - Lords cannot attend the Conference until Monday next: - In the Committee Chamber, at Two a Clock in the Afternoon.

Bills sent to Lords.

The Seven Bills, last passed, are sent up to the Lords, by Mr. Secretary Herberte, and others.

Lords risen.

The Lords were risen, and gone, before their coming,

Privilege - Arrest of a Member.

First Question, To commit the Warden to the Tower, close Prisoner :

Next To send the Ser'eant for Sir Tho. Sherley, to require the Delivery of Sir Tho. Sherley: To go To-morrow, sitting the Court. - Ordered, upon the Question.

D. of Somerset's Estate.

Counsel for Mr. Seymor, and my Lord of Hertford, to be heard upon Thursday next, if the Court sit.

Leave of Absence.

Mr. Geo. Cradock, Burgess for the Town of Stafford, is this Day licensed to depart into his own Country; with special Commandment, that he return to this Service again before the End of the Parliament.