House of Commons Journal Volume 1: 24 May 1604 (2nd scribe)

Jovis, 24o die Maii, 1604

Downe's Estate.

SIR Ch. Cornwallys. - Downe Proviso to be amended, upon the Passing.

Queen's Jointure.

The Bill for the Confirmation of the Jointure of the most high and mighty Princess Queen Anne, Queen of England, Scotland, France, and Ireland: - All the Queen's

Counsel, being Members, Sir Roger Aston, Sir Robert Wingfield, Mr. Winch, Mr. Holt, Sir Herbert Crofts, Sir Rob. Needham, Sir Geo. Moore, Sir Edw. Hobby, Mr. Martin, Sir H. Beamont, Sir Walter Cope, Sir Fr. Barrington, Mr. Solicitor, Sir Roland Litton, Mr. Hyde, Sir Oliver St. John, Mr. Recorder of London, Sir Jo. Savill: - This Afternoon, in the Committee Chamber.

Exchequer.

The Amendments of the Exchequer Bill, read, and ordered to be inserted ; and amended.

Usury.

The Bill against Usury : - The first Reading.

Union with Scotland.

Union. -

Sir Fra. Bacon. - 1. Wherein the Committee differ: Conclude. -

Commission full and liberal, to treat and consult; peremptory, not to consent. -

Manner. - Penning, brief, perspicuous, effectual. -

Differ. -

The Body, upon Power affirmative, negative. -

Power to assemble, consult, reduce in Writing. -

A Trypoint: General Restriction. No binding : A rejoined Restraint. -

A tortuous: - In and out. -

Any other to supply.

A Message to be sent to the Lords.

The Provision, or Restriction, both old and new, read in the House.

Sir Edw. Hext: - That the gravest Lawyers thought the old fit; and therefore good.

Mr. Yelverton, - for the new.

Sir Herbert Crofts, for the same.

Serjeant Dodridge: A Commission hereafter : A constitution present. Division most proper.

Sir Edwyn Sandys: - That the Violence of Lawyers hath, in former Times, abused this House, as he hath heard. -

That in H. VIII. Time, by the Cunning of Lawyers, intailed Land were like to be carried to a Forfeiture, in Case of Treason : Matter of Recusancy carried. -

Within these Three Parliaments, Matters were carried, by the Cunning of Lawyers, clean contrary to the Meaning of the House, in Matters ecclesiastical; which was affirmed by the Lords, at the Conference the last Day.

Mr. Speaker, offering to free the Lawyers of this Tax, was interrupted, and not suffered to speak.

Quest. A Conference, touching the Differences and Doubts in the Act.

Sir H. Beamount: - A Proviso, to be interpreted only by this House.

Mr. Yelverton: - A Proviso, that the Law shall endure but till the next Parliament.

Mr. Vice-chamberlain, Mr. Secretary Herbert, with divers others.

Religion.

Sir Fr. Hastings: - Some Things the Lords begun: We begun: Some deferred. -

A Declaration of all Statutes, that concerned Recusants, Seminaries. - The Father not to bear the Fault of the Son. -

A Law to be made against Schoolmasters: A Dispensation, that they may come to Church.

2. Undertaken by us :

An Act for learned Ministry. -

Proceed with a Bill against Plurality.

Deferred : - An Act for Articles of Religion.

Referred to the next Conference : - Learned Ministers how to be settled by Law. -

A Motion, that some of the Convocation-house might attend, to deliver such Reasons. - Not assented unto.

Message to Lords.

A Message to the Lords, for Time and Place for the Conference for Religion, and for a Meeting for the Union.

ComMrs. for Union with Scotland.

Sir Tho. Ridgeway remembering a Doubt, he had put the last Day, at the Conference, before the Lords, whether a Commissioner should have free Voice, at his Return again into the House, because (as he conceived it) it might breed some Scruple in many Mens Consciences; therefore he moved, that it might be entered, as an Act and Order of the House, in these Words; which he delivered in Writing; and was read, and approved, in the House :

Judicium.

It being propounded to the House, whether, if any of the Commissioners in the Matter of Treaty, concerning the Weal of both the Realms of England and Scotland, subscribing the Writings or Instruments in the Act mentioned, may, without Imputation, or Prejudice, in Credit or Conscience, have the Liberty and Freedom of Voice in Parliament, notwithstanding the said Subscription ;

The House hath thereupon resolved, that no Man is, or ought to be, concluded in his Opinion, by any such Subscription; but, as in Case of other Committees, hath, and may have, his free Liberty in the House, to assent, or diasssent, as he shall see just Cause, the next Session of Parliament.

Bills sent to Lords.

Ten Bills sent up: Diminution : Sir Tho. Areskin; - read, Lord Wm. Howard: Sir Jo. Ramsey: The Duke, Sir Geo. Howne: Calthrop: Tanners: Berwick: Watermen.

Privilege.

Sir Edw. Hobby: - That a Man of his, for fighting, being committed by my Lord Chief Justice, might be, for other Actions, have the Privilege of this House. - Yielded unto.

Soldiers.

Mr. Hoskins reporteth the Proceeding, touching the Soldiers. -

Their Hazard into Ireland. -

Donative : A Sum in Gross.

Sir Geo Moore: - That other Captains, as well as Irish, may be relieved.

Sir Oliver St. John: - Fear, that, out of their Discontentment, if they be not relieved, they will turn to the Spanyard.

A Message.

Mr. D. Swale, and Hone, a Message : - Considered of the Two Motions: Desired a Meeting this Afternoon, for the Union: This Day sevennight, for ecclesiastical Matters : Wards Saturday, where it was Friday. -

Drummond's Nat.

And bring Two Bills: The Bill for the Naturalizing of Sir John Drummond, Knight.

Hay's Nat.

The Bill for the Naturalizing of Sir James Hay, Knight.

Error of Lords Messengers.

Mr. D. Swale and Mr. D. Hone, upon this Message, going away without Answer, a Message was sent to the Lords, to let them see their Error, and let the Lords know, we assent to every Part of their Message; but to let them know the ancient Custom of their Messengers. -

Irish Soldiers.

Sir Tho. Ridgeway explaineth. - Out of so base a Subject not to have Relief.

The King 2000l. the Lords, 1000l. this House 1000l.

Sir Rob. Wingfield: - That a Fifteen may be laid, and raised in the Kingdom.

Answer from Lords.

Sir Edw. Hobby: - That the Lords gave Thanks, for yielding to their Motion, for deferring the Day for Wards till Saturday; and acknowledgeth the Error of their Messengers, that came away without Answer.

Soldiers.

The Project of the Soldiers to be considered of To-morrow. - But failed.

Assert Lands.

The Bill of Asserts to be thirdly read, and disputed, To-morrow.