House of Commons Journal Volume 1: 29 March 1604 (2nd scribe)

Jovis, 29o die Martii, 1604

Exchanges.

THE Bill for Exchange of Lands: - The first Reading.

Liberties of the Subject.

The Bill to confirm unto the Subjects of this Realm of England their ancient Liberties and Privileges : - The second Reading, and committed to all the Privy Council, the Lord Clynton, Mr. Attorney of the Wards, Mr. Tho. Crewe, all the Serjeants at Law, Mr. Francis Moore, Mr. Solicitor, Mr. Rich. Barker, Sir H. Mountague, Mr. Lawrence Hyde, Sir Robert Wroth, Sir Arthure Atye, Sir Tho. Beamount, Mr. Nathan Bacon, Sir Francis Bacon, Sir Wm. Paddy, Sir Edm. Bowyer, Sir Rob. Wingfield, Sir Roger Wilbraham, Mr. Winch, Mr. Lawton, Sir Geo. Moore, Sir Edw. Hobby, Sir Daniel Dunn, Mr. Fuller, Sir Fr. Hastings, Sir H. Nevill, Sir Chro. Perkins, D. James, Sir Tho. Crompton, Sir Rich. Bulkley : - To meet on Saturday, at Two a Clock in the Afternoon, in the Middle Temple Hall.

Negligence of Committes.

Sir Robert Wingfield complaineth against the Negligence of sundry Committees, which should have met about the Matters of Sir Rob. Wrothe's Motion.

Monopolies.

Monopolies: - Such as find themselves ....

Committee of Privileges.

For Privileges and Returns; Mr. Serjeant Snig reporteth, that some few Committees attend in the Inner Temple Hall; and deferred till this Afternoon.

Bridger's Petition.

A Petition delivered by one Bryan Bridger, a Minister, against the Bishop's Government; who, being in theSerjeant's keeping, was brought to the Bar, and examined.

Being urged, by the Authority of this Court, two several times, to name such, as were privy unto this Petition; he said, he feared, if he should bewray any, that he should give Occasion, that Murder should be committed.- -

He writ it in one Haymer's, a Scrivener's, Shop, in Westminster; and made neither him nor any else, acquainted, with it.

Being urged, to know the Reasons, why he feared Murder; he said, being informed in his Conscience, he could give no other Answer.

The Keeper of the White Lion to be sent for, where this Man is a Prisoner there.

The Scrivener, he, and the Keeper, to be before the Committees.

Bridger committed, &c.

The Minister to be committed to the Tower by ...

His Examination to be taken by some. -

Sir Daniell Dunn, Mr. Solicitor, Mr. D. James, Sir Tho. Lake, Sir Roger Wilbraham, D. Bennet, Sir Wm. Paddye: These Seven, or any Four of them, to examine the Minister, and the Scrivener, and all other, which, in this Cause, they think fit to examine.

Privilege - Jurisdiction in Election.

Mr. Speaker relateth to the House his Majesty's Answer, touching the Matter of Sir Francis Goodwyn. He excuseth himself, that he did not make the House acquainted with, before he did deliver it. -

1. The Manner, and Matter. 2. Precedents. 3. The Body of the Law for Election.

The first Writ dated ultimo Januarii, for Summons. - Free Liberty in the full County. - Indenture of Return. - The Election, and Return, being due; the first

Election good, and the second void. -

The first Utlawry, 60l. at the Suit of Johnson, 31 Eliz. proceeded in the Hustings: Hacker's, second Utlawry, 39 Eliz.16l. - Had served as a Member of this House, 39, 43, Eliz. - The Utlawry remained in the Hustings; ami the Law could not take Notice of it, neither was it pleadable. -

39 H. VI. - 1o Eliz. Smyth outlawed, and privileged.

23 Eliz. Vaughan utlawed, and upon the Question, privileged. Upon the Division, carried by Six Difference.

35 Eliz. Three Precedents: Fitzherbert; not judged, but Opinions delivered: Mr. Killigrew, having 52 Utlawries against him, yet admitted in the House : Sir Walter Harcourt, 18 times utlawed, yet admitted. -

3. The Manner of the Election limited by the Statute. -

No Matter of Utlawry against Sir Francis Goodwyn, 31 Eliz. - Wheresoever a Man shall be sued, that Proclamation ought to go into the Country, where the Party dwelleth ; or else the Utlawry not good. -

39 Eliz. 43 Eliz. the general Pardon is good for Outlawries against all, saving the Party, at whose Suit, &c. -

Francis Goodwyn, Ar. Franc. Goodwyn, Gen. Fr. Goodwyn, Mil. - The Sheriff could take no Notice, it was the same Man.

The King's Answer:

He was loth, he should be forced to alter his Tune: He should turn it into Matter of Grief, by Way of Contestation. He did sample to the People of Israell. -

He did not attribute the Cause of his Grief to any Purpose to offend him, but only to a Mistaking of the Law. -

For Matters in Fact, he answered all. - That a Counsellor, not brought in by himself; and therefore no special Affection. The King indifferent, who were chosen. -

That he had no Purpose to impeach any Privilege. That we had all Matters of Privilege from him, and therefore not to be turned against him. -

No Precedent in this Point fully. Precedents, in the Time of Minors, of Tyrants, of Women, of simple Kings, not to be credited; because for some private Ends. -

By the Law, this House not to deal with Returns; being returned into the Chancery. All Returns to be corrected, or reformed, by that Court only, to which they are returned. -

35 H. VI. Resolution of all the Judges, that Matter of Utlawry was Cause of Rejection of any Member out of this House. The Judges resolved now, that Sir Francis Goodwyn was utlawed. -

The King's Charge : 1. To report the Course taken; To resolve amongst yourselves: To confer with the Judges: To report unto the Council.

This Matter to be the first Cause moved and resolved To-morrow.

Succession of the Crown.

My Lord Chief Justice, my Lord Anderson, Justice Fenner, Baron Clerk, Mr. Attorney, do bring from the Lords a Bill, ingrossed, intituled, A most joyful and just Recognition of the immediate, lawful, and undoubted, Succession of the Descent and Title of the Crown. - The first Reading.

Bills from Lords.

D. Carew, D. Stanhop, bring from the Lords Three Bills :

An Act of Restitution of Tho. only Son of Phillip late Earl of Arundell:

An Act of Restitution of Henry Earl of Southampton :

An Act of Restitution of the Son, and two Daughters, of Robert late Earl of Essex.

Succession of the Crown.

A most joyful and just Recognition, &c. - The second Reading.

A most joyful and just Recognition, &c. - The third Reading ; and passed upon the Question.