House of Commons Journal Volume 1: 14 May 1604

Lunae, 14o Maii, 1604

River Lee.

L. 1. B. FOR suppressing the Inconvenience growing by Barges on the River of Lee.

Bankrupts.

L. 2. [*] B. For the better Execution and Explanation of the Statutes of Bankrupts : - Committed to Sir John

Savill, Mr. Antrobus, Sir Herbert Crofts, Mr. Bryers, Mr. Pettus, Sir Henry Billingsley, Sir Nich. Saunders, Sir John Thynne, Mr. Johnson, Sir Geo. Moore, Sir Francis Hastings, Mr. Serjeant Snig, Mr. Alford, Mr. Fuller, Mr. Prowse, Sir Nath. Bacon, Mr. Askwith, Sir Tho. Bishop, Mr. Gore, Sir Charles Conwallys, Mr. James, Mr. Francis Moore, Mr. Peard, Mr. Rob. Middleton, Mr. Bagge, Mr. Hassard, Mr. Tey, Mr. Yelverton, Mr. Hare, Mr. Martin: - To meet on Friday next, in the Exchequer Chamber.

Small Debts.

L. 2. B. For Relief of poor Debtors, and Recovery of small Debts, in London: - Referred to the same Committee, with these added ; Sir Tho. Smyth, Sir Rob. Wroth, Mr. Recorder of London : - The same Time and Place.

Fry of Fish.

L. 2. B. For the Preservation of the Fry and Brood of Sea Fish : - Committed to the Lord Buckhurst, Sir Rob. Wroth, Mr. Johnson, Sir John Heigham, Mr. Ryvers, Sir Tho. Bishop, Mr. Wyseman, Sir John Harpur, Mr. Staughton, Mr. Hurdman, Mr. Yelverton, Sir Wm. Skipwith, Sir John Scott, Mr. Alford, Mr. Parkinson, Sir Rich. Hawkins, Mr. Dannett, Sir Francis Barrington, the Burgesses of all Port Towns, Sir John Thynne, Sir Antho. Rowse, Sir Tho. Ridgeway, Sir Tho. Denton, Mr. Bromley: - To meet on Thursday next, in the Star-chamber.

Lady Aston's &c. Nat.

B For the Naturalizing of Dame Mary Aston, and her Children [a].

Privilege - Subpoena to a Member.

Sir Edw. Mountague informeth the House, that he was warned to appear upon a Trial at Guildhall, Tomorrow [b] ; prayeth to know their Pleasure, whether in that Case he shall have Privilege: And it was, upon some Debate, and the Question, ordered, That he shall have Privilege; and an Order to that Purpose conceived in these Terms:

WHEREAS the Commons House of Parliament was this Day informed by Sir Edw. Mountague Knight, One of the Members of the said House, that he had Warning to appear at the Guildhall Tomorrow, upon a Trial between one ..... Hollowell Plaintiff, and himself Defendant; because his said Appearance must necessarily withdraw his Presence and Attendance upon the Service of the said House; it is thought fit, and so ordered, That he be excused in that Behalf, according to ancient Custom of Privilege; and that the said Hollowell, as also the Party [c] that brought the Warning, be commanded by the Serjeant, in the Name of the House, to appear at the Bar Tomorrow Morning, that they may understand the Pleasure of the House accordingly.

Ed. Phelips, Speaker.

Privilege - the Warden's Confinement in Little Ease.

Sir Herbert Crofts reporteth the Proceeding of the Gentlemen, appointed the last Day to repair to the Tower, &c. the Loathsomness of the Place called Little Ease, an Engine devised by Mr. Skevington, some time Lieutenant of theTower, called Skevington's Daughters, or Little Ease; the Warden's insolent Carriage; the Care and Demeanour of the Lieutenant, &c. with other Circumstances of their Endeavour to see the Order of the House performed.

It appeared by the Report, that the Lieutenant had not, with that Care which was expected, satisfied the Desire and Pleasure of the House for the Warden's Restraint: Whereupon himself, being present, stood up, and made a Relation, from the Beginning, of his Manner of Proceeding with the Warden; and desired his Name might not, without Cause, be taxed or mentioned in this Matter.

This his Justification was delivered with a low Voice ; and therefore it was moved, that Mr. Speaker might open it to the House: Which he presently did.

Proceedings to compel the release of a Member from Arrest.

Sundry Motions ensued this Report, touching the Lieutenant, the Warden, and Sir Tho. Shirley, &c.

Motions. - Great Fault in the Lieutenant, that he did not make clean and ready the Place called Little Ease (being reported to be very loathsome, unclean, and not used a long Time, either for Prison, or other cleanly Purpose) as the Order of the House might have been performed in Time, -

To impose 1,000l. Fine upon the Lieutenant, for not doing his Duty -

The Punishment or Fine of the Lieutenant to be put to Question. -

A Fine of 100l. a Day Upon the Warderi, for every Day from henceforth, that Sir Tho. Shirley is detained. -

An Act of Parliament, to disable him to enjoy of exercise any Office. -

To have him put into the Least Ease, until, &c. -

Sir Geo. Reynolds, Lessee of the Fleet, to be sent for, and asked, what Interest he had or hath transferred. -

Sir Geo. to be sern unto by Habeas Corpus for the Delivery of Sir Tho. Shirley. -

All the Wardens to be called, and commanded ; if they refuse, a Forfeiture; and if a Forfeiture, the King may deliver him. -

To acquaint the Lords, and petition for the King's Help in this Case. -

To send Six Gentlemen of the House, to assist the Serjeant to deliver him by Force, and to petition the King's Assistance, according to his Highness' Message. -

A Writ De homine replegiando, to be awarded.

To rise, if we have no Means to execute our Privileges.

Speakers upon this Occasion were, Sir Edw. Grevill, Sir James Scudamore, Mr. Holt, Sir Tho. Hobby, Mr. Bellingram, Sir Tho. Holcroft, Sir Rob. Nappier, Mr. Tey, Mr. Martin, Mr. Wyseman, Sir Rob. Wroth, Sir John Harpur, Mr. Staughton, Sir Francis Hastings Mr. Duncombe, Sir Jo. Hollis, Mr. Kirton, Mr. Lawton, Sir Francis Bacon, Sir Geo. Moore, Sir Walter Cope, Mr. Francis Moore, Mr. Solicitor.

Sir Geo. Reynolds being called; upon Questions proposed, it appeared, that he had a Lease of the Fleet for divers Years, and the now Warden had a Lease from him for Two Years yet enduring; and that he was thereby absolute Warden : Therefore no Forfeiture, by some Opinion. -

The Deputy of a Lessee cannot forfeit the Inheritance, in case he were Deputy.

Some Answers were made to the Motions, concluding with other differing Motions.

Answ. - This is a great Case of Privilege. - Remora, a little Fish, that stayeth great Ships. - We have had Two of them this Parliament.

No Suit to the King, because he cannot do it; and it is a Disclaimer of our Power. -

Not to rise, like sullen Fellows: - That is, to give over our Privileges to Wind and Weather.-We shall displease the King, and hurt the Commonwealth, -

No Members of the House to assist the Serjeant: - Judges cannot be Ministers.

Conclus. - To be Petitioners to the King, that he would appoint some to aid our Serjeant, for the Delivery of the Prisoner with Force. -

That the King might command the Warden to obey our Officer, upon his Allegiance. -

A new Writ of Habeas Corpus cum Causa, &c. -

An Act to restore the Honour and Reputation of this House.

Mr. Speaker: - No Precedent of the Prince's Assistance, but in the Case of one Long, 35 Eliz. where the Queen's Letter was directed to the Sheriff of Wiltes, for Assistance in executing a Writ for Possession, &c. [d].

It appeared, that the Queen was misled : The Possession was restored, and the Offenders punished in the Star-chamber.

Sir Francis Bacon, having once spoken, and again moved for the Manner of the Quest, in this Case, offered to speak again the third Time; and over-ruled, upon Question, that he might speak again in the same Matter, to expound himself.

- Plenitudo potestatis, plenitudo tempestatis. -

To be Petitioners to the King to assist: - No Derogation. - A Difference between Execution, and Assistance in Execution.

In the End, several Questions agreed, and made; and Ordered, upon Question,

1. That a Warrant be directed for a new Writ of Habeas Corpus cum causa.

2. That the Serjeant go with the Writ.

3. That the Warden be brought to the Fleet Door by Mr. Lieutenant himself, and there the Writ be delivered unto him, and the Commandment of the House, by the Serjeant, for the Executing of it.

4. That the Warden, in the mean time, and that presently, be committed to the Dungeon in the Tower, called Little Ease ; and after this done, to be returned to the Dungeon again.

The Form of the Warrant for the Habeas Corpus, &c. was this :

WHEREAS, by Order of the Commons House of Parliament, there have been several Writs of Habeas Corpus, and Habeas Corpus cum causa, awarded for the Delivery of the Body of Sir Tho. Shirley, now Prisoner in the Fleet, which the Warden of the Fleet hath, from time to time, contemptuously refused to execute; it is this Day again ordered, to the End he may be left without all Excuse, that another Writ of Habeas Corpus cum causa, be forthwith awarded, for the Bringing of the Body of the said Sir Tho. Shirley into the House, Tomorrow in the Forenoon, sedente Curia; and that the Serjeant deliver the Writ to the Warden, and withal, in the Name of the House, command him to bring forth the Body of the said Sir Tho. according to known and ancient Privilege, and the Tenor of the Writ.

Edw. Phelips, Speaker.

Memorandum. It was observed, that Mr. Vice-chamberlain to the King, was privately instructed to go to the King, and humbly desire, that he would be pleased to command the Warden, on his Allegiance, to deliver Sir Tho. not as petitioned by the House, but as of himself found fit in his own gracious Judgment.

Duke of Somersett's Estate.

B. For the Establishment of divers Manors and Lands of Edw. late Duke of Somersett, &c. appointed to be read Tomorrow Morning, by Seven a Clock; and the Counsel to be heard till Eight; at which time, if they shall not conclude, then to be interrupted, and either to be heard again at Committee (if the Bill be committed) or adjourned to a more convenient Time, as the House shall find fit.

Nevill's Estate.

L. 2. B. For explaining of a former Act made Anno 43 Eliz. intituled, An Act for the Enabling of Edw. Nevill, of Birling in the County of Kent, and Sir Henry Nevill, his Son and Heir apparent, to dispose of certain Copyhold Lands, &c. - Committed to Mr. Wyseman, Mr. Tate, Sir Tho. Hobby, Mr. Martin, Sir Maurice Berkley, Mr. Yelverton, Sir Francis Hastings, Sir Rob. Wingfield, Mr. Thomas Fanshawe, all the Serjeants at Law, Sir John Boys, Sir Peter Manwood, Mr. Hadds, Mr. Ravenscroft, Mr. Shelley, Sir Henry Jenkins, Sir Tho. Denton, Mr. Noy, Sir Edmund Ludlowe, Mr. Staughton, Mr. Hoskins, Sir Geo. Moore, Mr. Edw. Jones, Sir Edw. Grevill, Mr. Francis Nevill, Mr. Fuller, Sir Fr. Barrington, Sir Henry Compton, Sir John Thynne: - To meet on Wednesday, in the Middle Temple Hall.