House of Commons Journal Volume 1
21 April 1604

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1802

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'House of Commons Journal Volume 1: 21 April 1604', Journal of the House of Commons: volume 1: 1547-1629 (1802), pp. 180-181. URL: http://www.british-history.ac.uk/report.aspx?compid=8318 Date accessed: 23 October 2014.


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Saturni, 21 Aprilis, 1604

Prisoners.

L. 2. B. FOR the Relief of Prisoners: - Upon a second Reading, committed to Sir John Leveson, Mr. Hext, Mr. Wyseman, Sir John Boys, Mr. Hadds, Mr. Overberry, Sir Geo. Carewe, Mr. Ryvers: - To meet on Tuesday next in the Middle Temple Hall.

Alehouses, &c.

L. 2. B. Touching Alehouses, Taverns, Inns, and common Brewers: - Secondly read, and committed to Sir Geo. Moore, Sir Thomas Beaumount, Sir Robert Wroth, Sir Hugh Beeston, Sir Jerome Horsey, Sir John Heigham, Mr. Fuller, Mr. Prowse, Sir Henry Hobart, Mr. Rich. Martin, Mr. Hext, Sir Nicholas Saunders, Mr. Ryvers, Sir Francis Hastings, Mr. Francis Moore, Mr. Hyde, Mr. Hugh Beeston, Mr. Wyseman, Sir Percyvall Willoughby:

- To meet on Monday next, in the Exchequer Chamber.

Ditto.

L. 2. B. For avoiding the superfluous Number of Alehouses: - Secondly read, and committed to the same Committees.

Sympson's Debt.

L. 3. B. To secure Sympson's Debt, and save harmless the Warden of the Fleet, in Sir Thomas Shirleye's Case :

- Upon a third Reading, and the Question passed.

Apparel.

L. 3. B. Touching Apparel, restraining the excessive Wearing of Cloth of Gold, &c. - Thirdly read, and, upon the Question, passed.

Union with Scotland.

Sir Francis Bacon maketh Report at large of what passed from his Majesty to the Committee for the Union, assembled, by Commandment, in his Highness's Presence, Yesterday in the Afternoon, in the Gallery at Whitehall.

[a] ***

The King (he said) delivered unto him a Frame or Model of the Union now in Question, and desired by him ; which being dangerous to be forgotten (he humbly prayed his Majesty, it might be put in Writing. His Majesty was pleased to dictate it; to leave it with him, with Direction it should be read : Not to prejudice the Liberty of their Conference ; not to tie them to this or any other Form. - This but a Piece of Crystal, to deliver him from mistaking.

The Explanation delivered in, and read in these Words [b]:

THIS Proposition which now I make concerning the Union, so far as now I craved to be assented unto at this Parliament, is no further but a particular Explanation of a Part of my Speech I used to the whole Parliament, about the Matter of the Union; which being twice repeated by Me in the Parliament-house, and then after printed, and publickly set out to the View of all the World, was, (as I am informed) so well accepted and applauded by all, as I made the less doubt to make this particular Proposition in * * own Time thereafter.

The Substance of the Thing, which now I crave to be done, consisteth only in Two Points:

First, That by a Bill, or Act, framed in this Parliament, it may be infused into all the People's Hearts, that, as it is already set down in the Recognition of [My] just Possession of the Crowns of both the famous, ancient, and honourable Nations of Egland and Scotland, dwelling within * * Isle, and only compassed by the Ocean, are now, by the great Blessing of God, and to the perpetual Weal of both the Nations, [united] under One Allegiance, and loyal Subjection, in Me and My Person, to My Person and My Posterity for ever: And that thereby, that which accreaseth to Me and Mine, and to the Weal and Strength of the Subjects of both Countries, may be rightly conceived, and [clearly] understood by all Men.

The second Point is, that, although it be not My Meaning, neither at * * Time, nor never hereafter, to alter or innovate the fundamental Laws, Privileges, and good Customs of this Kingdom, whereby only the King's Princely Authority is conserved, and the People (both in general and particular) Security of their Lands, Living, and Privileges, is maintained unto them; yet, that it is fit and convenient, for the Nourishing and Increasing of the mutual Use among [the] Members, and Two Halfs, as it were, of the Body, that all Sorts, particular, temporal, or indifferent, Manners of Statutes and [Customs] may be agreed upon, and welled in one, as they are all one Body, under [one] Head: And therefore, that Commissioners may be appointed by the Parliament, authorized to confer and consult with such Scottish Commissioners, as shall be selected to meet with them, for the Making of the Frame to this Effect, to be propounded to the next Two Parliaments of England and Scotland; that thereby, and by the happy Conclusion in the Two next Parliaments, not only all Questions, and unhappy Rubs, which may hereafter at any Time, be unluckily cast in, may then be decided, and put to a quiet End ; but all other Means may also then be used, for increasing the mutual Love, quenching all Sparks of old Debates, and conforming them among themselfs to that Uniformity of Manners and Customs, which God, by his Providence, in apparent Sight of all the World, hath begun, and by the Finishing whereof, the true Meaning of that Acknowledgement in My Recognition may be performed and accomplished.

As for the Bill, which to this Effect I did frame, it would never have proceeded of me, to have so far over-weened Myself of the Laws and Customs here, as to have straightly thereby prescribed to the Parliament what Words they should precisely use in that Purpose; but being humbly requested by Francis Bacon (then Mouth of that Part of the House, which came to Me) that, for the Supply of his Memory, I would shortly set down the Substance of that Part of My Speech, then publickly uttered to the Lower House, I was contented to indict it to him, as it hath been often read in your open Audience : But I am so far from being wedded to any Opinions of Mine, in the Form thereof, as whatsoever Words may be found, by the Parliament, by their Committees, or the Judges of the Land (whose Opinions I will ever reverence and honour in their own Elements) which are contained within My last Project, which may be found to be contrary or derogatory to the Provisoes or Explanations of my Meaning therein set down, I am heartily well contented, that, by the Advice of the same Judges, they may be cleared, guarded by Cautions, changed, innovated, or utterly scraped out, as may best agree with the Substance of My Meaning, and eschew any inherent Contradiction, which may be least lurking within the said Bill, or Act of Parliament to be made : And especially, because I hear greatest Doubts and Questions of Law made, that the assuming the Word and Title of Bretany, by Act of Parliament, before the Accomplishment of these Particulars, may imply any secret or [tacit] Derogation to the rest of

particular Conditions included in [the] same Bill; although My Inserting of the particular Name now, was only for the better Furtherance of the Grounds which are before rehearsed; yet am I so far from allowing or permitting any tacit Contradiction, or Obscurity, in that Matter, which I by * Means press to have so clear and evident, as I will not only, (* the Truth be upon that Side) be content of the Omission of [the] Name, for this Time, but think, and ever esteem, that I have great Cause to thank and account well of the learned Judges, and other wise Men whosoever, that by these Means will preserve Me from being the Cause for making an implicit Contradiction to Mine own Meaning to be contained within M* own Law; which could not be willingly done by Me, without Spot to my Honour, pretending one thing, and purposing another; and to the great Harm of the Subjects of both the Realms: But this to be so understood, that if, on the other Side, [there] be but Doubts cast in by the curious Carping of some, wresting and misinterpreting the Law against the true Meaning [thereof ]; that then and in that Case, as I am bound in Honour * * to My formerly set down Words, so all My good and loyal Subjects of both the Houses will concur in assisting Me, [not] to be over-ruled by Wilfulness, where I cannot be convinced by Reason.

Bills sent up to the Lords by Mr. Vice-chamberlain to his Majesty; viz.

Simpson's Debt.

1. An Act to secure Simpson's Debt, and save harmless the Warden of the Fleet in Sir Thomas Shirley's Case.

Apparel.

2. An Act touching Apparel, restraining the excessive Wearing of Cloth of Gold, Cloth of Silver, &c.

Extortion.

3. An Act for the better Execution of Justice.

Conference desired.

Sent also in Message by him, that they are resolved of a Conference, and for the Time and Place, do leave it to their Lordships.

Royal Assent.

To desire also, that their Lordships would be pleased to move his Majesty, touching his Royal Assent to the Bill concerning Sir Thomas Shirley.

Duke of Leneux's, &c. Nat.

L. 1. B. For the Naturalizing of Lodovick Duke of Leneux, Esme Lord of Obigney, his Brother, and their Children.

Howme's &c. Nat.

L. 1. B. For the Naturalizing of Sir Geo. Howme Knight, Lord Treasurer of Scotland, his Wife, and Children.

Howme's Letters Pat.

L. 1. B. For the Confirmation of certain Letters Patents granted to Sir Geo. Howme Knight, Lord Treasurer of Scotland.

Ecclesiastical Possessions.

L. 1. B. Against the Diminution of the Possessions of Archb. and Bishopricks, and for avoiding Dilapidations of the same.

Privilege- Relief of Plaintiffs.

L. 2. B. For the Relief of Plaintiffs in Writs of Execution, where the Defendants in such Writs have been arrested, and set at Liberty by the Parliament: - Upon a second Reading, committed to Sir Francis Bacon, Sir Edward Lewknor, Mr. Brock, Mr. Crewe, Mr. John Moore, Mr. Hyde, Mr. Hackwill, Mr. Yelverton, Mr. Wyseman: - To meet on Monday next, in Middle Temple Hall.

The Bill and Committees Names, delivered to Mr. Hackwill, the Preferrer of it.

Eodem Die, post Meridiem.

Apprentices.

L. 1. B. CONCERNING the Taking of Apprentices.

Buildings, &c.

L. 1. B. Concerning new Buildings; converting great Houses into several Tenements; Restraint of Inmates and Inclosures, in and near the Cities of London and Westminster.

Melcombe Regis Church.

L. 1. B. For the Erecting of a Church in Melcombe Regis, and making the same to be the only Parish Church of the Parish of Radipoll.

Treasurers.

L. 1. B. To compel Treasurers and Deputy-lieutenants to account; and for the indifferent Taxation of the Inhabitants of the Realm of England and of Wales, for the King's Majesty's Services, and other Charges.

Aliens.

L. 1. B. That, for the better Safety of the Realm, his Majesty may, from time to time, take Notice where Aliens and Strangers are therein inhabiting.

Debtors.

L. 1. B. To make the Lands, Tenements, and Hereditaments of every Debtor liable to his Debts.

Coppices, &c.

L. 1. B. Against the Turning of Coppices or Underwoods into Pasture or Tillage.

Officers of Customs.

L. 1. B. Against sundry Abuses committed by the Officers of his Majesty's Customhouses within the Realm of England.

Judgments.

L. 1. B. For Registring of Judgments that may impeach Purchasers or Farmers of Lands.

Aliens Children.

L. 1. B. To place the Children, born within this Realm, of foreign Parents, in Degree for the first Birth or Descent only, as Aliens made Denizens, and not otherwise.

Liberties of the Commons.

L. 1. B. To confirm to the Commons their Freedoms and Liberties.

Horse Stealing, &c.

L. 1. B. To prevent and avoid the common Stealing of Horses, &c.

Wool Trade.

L. 1. B. Restraining the Bringing of foreign Wools into the Realm.

Wood.

L. 1. B. For the Preservation of Wood and Timber.

Wyndsor Deanry, &c.

L. 2. B. For the Assuring of divers Lands and Tenements to the Dean and Canons of Wyndsor, &c.- Secondly read, and committed to Mr. Serjeant Shirley, Mr. Francis Moore, Sir Thomas Freak, Mr. Kirton, Mr. Brock, Mr. Henry Martin, Sir Edw. Hobby, Sir Christofer Perkins, Mr. Tho. Brook, Sir John Boys, Sir William Ayres, Mr. Tutt, Mr. Tolderby, Mr. Marshall, Mr. Wyseman: - To meet on Monday next, in the Middle Temple Hall.

The Case between the Earl of Hertford, and the Dean and Canons of Windsor.

1. KING H. VIII. obtained from the Dean and Canons of Windsor divers Grants of certain Manors, and other Lands, granted anciently to them upon their Foundation, promising to assure them other finable Lands for the said Manors, &c. partly in Recompence, and partly for the Maintenance of the poor Knights there, and to other charitable Uses.

2. By his Will the said King doth provide especially, that Lands of the Value of 6ool. and upward, per Annum, should be assured, for the Uses aforesaid, to the said Dean and Canons.

3. After the Death of King H. VIII. the Duke of Somerset being seized of divers Parsonages impropriate, Prebends, &c. exchanged the same with King Edw. VI, for other Lands.

4. King Edw. VI. by his Letters Patents, reciting the Considerations (viz. of King H. VIII's Will) for Recompence to be made to the Dean and Canons of Windsor for the Lands received of them, and his Intent for Maintenance of the Poor Knights, and other Charges to be sustained by the said Dean and Canons, doth grant certain of the said Parsonages, Prebends, and Portions of Tithes, to the said Dean and Canons, and

their Successors, of the said Value of 600 l. &c. per Annum.

5. By a Book of Articles under the Great Seal, the late Queen Elizabeth did express how this Six hundred Pounds, &c. per Annum, should be employed; viz. Four hundred Pounds, and more, towards the Maintenance of the Poor Knights and other Uses; and the Residue to defray other Charges, &c.

6. This Grant of Edw. VI. hath been impeached upon sundry Pretences : As for not Inrolment of the Duke's Deed of Exchange to the King, within the Time limited; and for that the said Parsonages and Prebends were not rightly appropriated ; and for other Causes, as namely, that the said Parsonages, Tithes, and Prebends, were intailed to the said Duke and his Heirs Males, before he exchanged the same with the King.

Whereupon the now Earl of Hertford made Claim to Part of the said Lands; because the Lands which he had in Exchange with the King, were taken from him by Act of Parliament, procured by his Adversaries shortly after his Father's Death.

7. Afterwards the Differences between the Earl and Dean and Canons, were, by our late Queen Elizabeth, referred to the Two Lords Chief Justices; who did order and award, that as well the said Earl as the said Dean and Canons, should become humble Suitors unto the High Court of Parliament, to have the said Lands assured to the said Dean and Canons.

8. And that a Lease of Bedwyn, now in the Possession of the said Earl, should be granted by Act of Parliament, for Ninety-nine Years, to him and his Assigns.

9. Whereas one Hughe Gough, Parson of Alcannings, procured himself to be presented to the Prebend of Alcannings, being Parcel of the said Lands exchanged, the Dean and Canons exhibited their Bill in the Court of Chancery against the said Gough; and thereupon a Decree was made, that the said Dean and Canons should enjoy the said Prebend, according to the first Intent of the King, which they had enjoyed almost Fifty Years without Interruption.

The Matters, which the said Earl and Dean and Canons, pray may be enacted in Parliament.

1. That according to the said Order of the said Two Lords Chief Justices, the said Prebends, Portions of Tithes, and other Hereditaments, conveyed by the Letters Patents of K. Edw. VI. and claimed by the said Earl, may be assured to the said Dean and Canons and their Successors.

2. That the said Lease for Ninety-nine Years may be likewise assured to the said Earl and his Assigns.

3. That, according to the said Decree, the said Tithes appertaining to the said Prebend of Alcannings, may be assured to the said Dean and Canons and their Successors; and that the said Decree may be ratified and confirmed.

That all other Lands, Parsonages, Portions of Tithes, and Hereditaments, granted by the said Letters Patents of King Edw. VI. or by any other of his most noble Progenitors, &c. to the said Dean and Canons, may be likewise assured, and confirmed to them and their Successors.

Saving the Right of all others, claiming by any Suit now depending; except the King's Majesty, his Heirs and Successors; and except the said Duke and Earl, and their Heirs, and all other claiming under either of them ; and except the Donors, Grantors, &c. and their Heirs, &c.

False Dice.

L. 2. B. For preventing the Making, Selling, and Uttering of false Dice, &c. - Upon the second Reading, committed to Mr. Wyseman, Sir William Cornwallys, Mr. Moore, Mr. Brock, Mr. Union, Mr. Leach, Mr. Wymark, Mr. Martin, Mr. Hext: - To meet on Wednesday, in the Exchequer Court.

Sheep-stealers.

L. 2. B. To take away Clergy from Cattle and Sheep-stealers; - Upon a second Reading, committed to Mr. Hext, Sir John Harpur, Mr. Nicholas Hyde, Mr. Tho. Brook, Mr. Bond, Sir Chro. Perkins, Mr. Tutt, Sir Wm. Ayres, Mr. Henry Martin, Mr. Marshall, Mr. Johnson: - To meet on Wednesday next, in the Middle Temple Hall.