House of Commons Journal Volume 1: 02 May 1604

Pages 194-195

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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Mercurii, secundo Maii, 1604

Assert Lands.

COUNSEL in the Bill touching Assert Lands, &c. to be heard Tomorrow Morning, though the King's Counsel be not present.


Committees adjourned.

Downes' Estate.

L. 2. B. For the Sale of the Lands of Edward Downes Esquire, for Payment of his Debts, &c. - Committed to Sir John Heigham, Sir Rich. Browne, Sir Charles Corn-wallys, Sir Robert Wingfield, Sir Edw. Lewknor, Sir Jerome Horsey, Sir John Peyton, Sir Wm. Cornwallys, Mr. Nath. Bacon, Mr. Serjeant Hobart, Mr. Serjeant Tanfield, the Burgesses of Norwich, Sir Geo. Fleetwood, Sir Robert Townsend, Mr. Hitcham, the Queen's Attorney : - To meet on Saturday, in the Exchequer Chamber.

Under-Sheriff refusing to make Return.

Moved, That upon the second Writ for Election of Mr. Barker and Mr. Tate, Burgesses for the Town of Shrewsbury, the Under-sheriff refused to make the Return: Whereupon the Under-sheriff was presently sent for, but not found at that Time.

Privilege - Arrest of a Member.

Motion made, That some Committees might be named, to consider of all such Precedents, as shall be offered in the Particulars of Sir Thomas Shirleye's Case of Privilege.


To that Purpose were presently named, Mr. Francis Moore, Sir John Shirley, Mr. Wynch, Mr. Holt, Mr. Hyde, Sir Rob. Wroth, Mr. Fuller[a].

Secundo Die Maii. 1604.

1. A Supersedeas for Curwen.

2. A Supersedeas upon an Outlarye.

3. A Precedent touching Mr. Arthure Hall's Man.

4. A Precedent concerning Hogan's Case.

5. Three Precedents out of the Tower; Two of them in English, and one in French [b].

6. The Bill to secure Sympson's Debt, and the Warden of the Fleete.

Memorandum, That these Precedents were received by me Lawrence Baskervile, at the Hands of Mr. Kadwalader Tuder, the Day and Year abovesaid.

Witness my Hand,

Law. Baskervyle.

Lunae, 20o Februarii, Anno Regni Reginae Elizabethae: 18o, 1575.

UPON the Question, and also upon the Division of the House, it is ordered, that Edwarde Smalley, Yoman, Servant unto Arthure Halle, Esquire, One of the Burgenses for Grantham, shall have Privilege.

Mercurii, 22o Februarii, Anno praedicto.

REPORT was made by Mr. Attorney of the Duchy, upon the Committee for Delivery of Mr. Halle's Man, that the said Committees found no Precedent for setting at large by the Mace any Person in Arrest, but only by Writ; and that by divers Precedents of Record, perused by the said Committees, it appeareth, that every Knight, Citizen, or Burgense of this House, which doth require Privilege, hath used, in that Case, to take a Corporal Oath before the Lord Chancellor, or Lord Keeper of the Great Seal of Englande, for the Time being, that the Party, for whom such Writ is prayed, came up with him, and was his Servant at the Time of the Arrest made. And thereupon Mr. Halle was moved, by this House, that he should repair to the Lord Keeper, and make Oath in Form aforesaid ; and then to proceed to the Taking of a Warrant for a Writ of Privilege for his said Servant, according to the said Report of the said former Precedent.

Lunae, 27o Februarii, Anno praedicto 1575.

AFTER sundry Reasons, Arguments, and Disputations, it is resolved, that Edwarde Smalleye, Servant to Arthure Halle Esquire, shall be brought hither Tomorrow by the Serjeant, and so set at Liberty by Warrant of the Mace, and not by Writ.

Martis, 28o Februarii, Anno praedicto 1575.

EDWARD E Smalleye, Servant unto Arthure Halle Esquire, being this Day brought to the Bar in this House, by the Serjeant of this House, and accompanied with Two Serjeants of London, was presently delivered from his Imprisonment and Execution, according to the former Judgment of this House, and the said Serjeants of London discharged of their said Prisoner;


And immediately after that the said Serjeants of London were sequestred out of this House, the said Edward Smallye was committed to the Charge of the Serjeant of this House, till further Order should be taken with him by this House : And thereupon the said Edward Smalleye was sequestred, till this House should further be resolved, upon some further Motions, whether the said Edward Smalley did procure himself to be arrested upon the said Execution, in the Abusing and Contempt of this House, or not.

Die Jovis, 19o Novembris, Anno Reg. Eliz. 43

MEMORANDUM, That this Day Wm. Hogan was brought from the Fleete into the House before the Lords; who having made (as he was required to do) Relation of his Arrest, and of the Time, and Parties that arrested him; declaring, that he was arrested by the Under-sheriff of the County of Surrey, and others assisting the said Under-sheriff, upon Saterday before the Beginning of the Parliament, which began upon the Tuesday following ; and that it was known to the said Under-sheriff, that he was her Majesty's ordinary Servant; and morever, that he thought the said Tolkerne was not privy to his Arrest at that Time, contrary to the Privilege of that Court: Upon the Offer and Petition of the said William Hogan himself, to pay the principal Debt of Fifty Pounds, it was resolved and ordered by the Lords of this said Court of Parliament, that the said Wm. Hogan should enter into sufficient Bond, to abide the Order and Judgment of the Earle of Cumberlande, the Lord Bishop of London, and the Lord Zowche, for such Satisfaction to be made of the Debt of Fifty Pounds, and any Costs and Charges, as by the said Lords should be thought fit (the Bond to be taken to the said Lords) and thereupon be discharged out of Prison and out of Execution ; and likewise, that the Warden of the Fleete should be free from any Trouble, Damage, or Molestation, for Discharge of the said William Hogan.

It is likewise ordered by the Court, that the Under-sheriff, and any other Persons, that did arrest, or assist the Arrest of the said Wm. Hogan, shall be sent for, to appear before the Lords in the House, on Saterday next, the Twentieth of this Instant, by Nine in the Morning.

ELIZABETHA, Dei gratia, Angliae, Franciae, et Hiberniae Regina, fidei Defensor, &c. Majori et Vice-comitibus London, Salutem. Cum, secundum consuetudinem in Regno nostro Angliae hactenus obtentam et approbatam, Domini, Magnates, et Milites Comitatuum, ac Cives et Burgenses Civitatum et Burgorum, ad Parliamentum nostrum de Mandato nostro venientes [et] ibidem morantes, et exinde ad propria redeuntes, ac eorum servientes et familiares, secum (durante hujusmodi Parliamento) commorantes, infra protectionem et defensionem nostras existunt speciales, * servientes et familiares sui praedicti, ratione alicujus debiti, computi, transgressionis, conventionis, aut alterius contractus cujus-cunque, dum sic in Parliamento nostro fuerint, arrestari minime debeant, implicitari, aut imprisonari; iamque ex querela Willelmi Huddleston Armigeri, unius Militum Comitatus * Cumbriae in praesenti Parliamento nostro, accepimus, quod, licet ad dictum Parliamentum nostrum de mandate nostro venerit, et eodem moretur, vos tamen, ad hoc considerationem non habentes, Anthonium Curwen, servientem et familiarem ipsius Willelmi, qui secum ad praesens Parliamentum nostrum yenerit (prout idem Willelmus coram nobis in Cancellaria nostra Sacramentum praestitit corporale) ad sectam Andreae Mathewe arrestari demandastis, * ipsum Anthonium sub arrest. hujusmodi detinetis, in ipsius Anthonii dampnum non modicum et gravamen, ac contra consuetudinem supradictam; vobis et cuilibet vestrum praecipimus, quod, si ita sit, tune quibuslibet placitis, querelis,

actionibus, seu demandis, versus ipsum Anthonium, ad sectam praefati Andreae, quibuscunque nominibus partes praedictae censeantur, supersedeatis omnino,


et ipsum Anthonium sine dilatione dearrestari, et a prisona nostra penitus deliberari faciatis, ipsum contra consuetudinem supradictam non molestantes in aliquo, seu gravantes. Teste meipsa, apud Westmonasterium, decimo sexto Die Decembris, Anno Regni nostri quadragesimo quarto.


This Anthony Curwen was arrested upon a Capias ad satisfaciendum, out of the late Queen's Majesty's Court of Common Pleas, for 6l. Debt, and 40 s. for Damages, and detained in Execution; and thereupon he brought this Writ of Supersedeas: And although the Officers of the Sheriffs made doubt of this Warrant for his Enlargement; yet, because the Matter was but small, he was delivered thereby, rather than so honourable a Court of the Parliament should be further troubled therein.

Per me Georgium Tursett.

JACOBUS, Dei gratia, Angliae, Scotiae, Franciae, et Hiberniae Rex, fidei Defensor, &c. Vicecomitibus London,Salutem. Cum Thomas Sherley, nuper de London, sen. Miles, alias dictus Thomas Sherley sen. Miles, pro eo. quod non venerit in Curiam Dominae Elizabethae, nuper Reginae Angliae, coram Justiciariis ipsius nuper Reginae de Banco apud Westmonasterium, ad satisfaciendum Richardo Warde, Johanni Goughe, et Thomae Griffithe, tam de quodam debito centum et viginti librarum, quod iidem Richardus, Johannes Goughe, et Thomas Griffithe, de praefato Thoma Sherley exigebant, quam septuaginta solidos, qui eisdem Richardo, Johanni, et Thomae Griffithe, in eadem Curia ipsius nuper Reginae adjudicati fuerunt, pro dampnis suis, quae habuerunt occasione detentionis debiti illius, unde convictus est in exigendo, positus fuisset in Hust. nostr. London. ad utlagand. et ea occasione post modum utlagatus fuit, prout per record, et processus loquelae et utlagariae praedict. coram dilecto et fideli nostro Edmundo Anderson Milite, et sociis suis, Justiciariis nostris de Banco, jam resid. ut est dictum; ac jam ex gravi querela ipsius Thomas Sherley accepimus, quod in record. et processibus praedictis, ac etiam in redditione judicii loquelae praedictae, necnon in promulgatione utlagariae praedictae in ipsum Thomam Sherley, errores interveniunt manifesti,ad grave dampnum ipsius Thomas Sherley; nosque errores inde, si qui fuerint modo debito corrigi, et eidem Thomae Sherley plenam et celerem justitiam fieri volentes in hac parte, praefato Edmundo Anderson Militi, per Breve nostrum mandavimus, quod si judicium inde redditum sit, ac utlagaria praedicta coram se et sociis suis retorn. esset, ut est dictum, tunc record. et processus loquelae et utlagariae praedict. cum omnibus ea tangentibus, nobis sub sigillo suo distincte et aperte mitteret, et Breve illud; ita quod ea haberemus a die Paschae in unum mensem, ubicunque tune fuerimus in Anglia, ut, inspectis record, et processibus illis, ulterius inde fieri faceremus, prout de jure, secundum legem et consuetudinem regni nostri Angliae fuerit faciendum : Praedictus tamen Thomas Sherley, metuens se jacturam et deperditionem bonorum et catallorum, terrarum et tenementorum suorum, occasione utlagariae praedictae, praedicto Brevi nostro, de errore corrigendo, pendente indiscusso, incurrere, nobis supplicavit, sibi de remedio congruo in hac parte provideri : Nos, nolentes eundem Thomam Sherley aliqualiter injurari, vobis praecipimus, quod, si ante receptionem istius Brevis, executionem judicii et utlagariae praedict. nondum feceritis, tunc de quibuscunque bonis, seu catallis, terris, sive tenementis ipsius Thomae, occasione utlagariae praedictae [in] manus nostras posthac ulterius seisiend. seu ipsum Thomam Sherley ea occasione ulterius capiend. arrestand. imprisonand. seu aliquo molestand. quousque placitum super dicto Brevi nostro, de errore, corrigendo, pendens indiscussum, plenarie terminetur, supersedeatis omnino. Teste E. Anderson, apud Westm. octavo Die Februarii, Anno Regni nostri, Angliae, Franciae, et Hiberniae, primo, et Scotiae, tricesimo septimo.

Edwards Moyle.

This is a true Copy of the Writ of supersedeas ; and the same Writ was delivered unto the Sheriffs of London their Officers, to be allowed accordingly, the Tenth Day of March, 1603.

Per me Georgium Tursett.

Privilege - Simpson's Petition.

A Petition preferred by Simpson, and, by Occasion of this Committee for Precedents, read in the House; viz.

To the honourable Sir Edward Phillips Knight, Speaker of the Parliament:

The humble Petition of Giles Simpson, Prisoner in the Tower:

IN the Cause between Sir Tho. Shurly Knight, and the Petitioner, Day was given to Sir Tho. until Tomorrow, being Monday, to bring those Precedents, which were vouched by his Counsel, into the honourable House of Parliament, under the Hand of the Clerk of the Parliament.

The Petitioner humbly craveth, that when they be brought in, he may have a Copy to compare them with the Record; and that he may have Day, to search what Precedents he may find there also to the contrary.

And the Petitioner shall, &c.


B. Touching double Marriages, reported from the Committee by Sir Rob. Wroth (the Preferrer of the Bill) with Amendments; the Amendments twice read; and the Bill, upon Question, to be ingrossed.

Limitation of Prescription.

The Proviso in the Bill touching Limitation of Prescription (upon a former Report of the Bill, offered, then twice read, and committed, and the Bill itself re-committed) now reported by Mr. Fra. Moore, with Amendments; which were twice read.

The Bill first put to the Question of ingrossing, and rejected : For the Proviso, the Question needless, and spared.

Areskin's Letters Pat.

Whereas there is a Bill exhibited to this House, for the Confirmation of Letters Patents, granted by his Majesty to Sir Tho. Areskin, Knight; it is Ordered, That the Letters Patents be produced, and read in the House; and all such Tenants of the Lands contained in the same, as desire to be heard by their Counsel, be admitted accordingly, and have two Days Warning before the second Reading of the Bill.

Bills read.

The Titles of Twelve Bills, Yesterday in the Afternoon the first time read, published to the House by Mr. Speaker.


L. 2. B. For the Reformation of Abuses in Alehouses, late converted into Inns: Committed to the Committees formerly named for other Bills touching Alehouses [a], with others added; viz. Sir Geo. Fleetwood, Mr. Alford, Sir Wm. Burlacy, Mr. Johnson.

Union with Scotland.

Report made by Sir Francis Bacon, of the Conference Yesterday: Some Things agreed : Some only moved.

1. Whether a Commission should go forth: - Admitted.

2. Whether a compounded Nomination of Commisioners, or a separate : - Agreed to severally named.

3. The Number to be competent ; neither over great, nor over small.

Touching the Quality of the Persons; to be a Mixture of Common Lawyers, Civilians. Men of State, Merchants, &c.

The Commission first to be agreed on, and then Commissioners.

The Commission to begin the first of October.

The Place, London, Westminster, Camera depicta.

The Return to be made to the next Session of this Parliament.

Four Things to be inserted in the Act :

1. Acknowlegement of God's Providence, and great Blessing, in the Union already made.

2. The Cause; Contrariety and Disconcurrence of some particular Laws in the several Kingdoms.

3. Recital of his Majesty's faithful Promise, not to alter the Laws.

4. Proviso that Scotland shall make a Cession.

Exception to Words, &c. -

Expedition in Framing of a Bill. To that Purpose Six of this House, Four of that House, with Judges Assistants, to be named.

His Report was further. That Conference was appointed on Thursday next, touching the Abuses of Purveyors.

The Lords to meet, not as Privy Counsellors, but as Committees, in that Conference.

Copies of the Articles to be delivered to some of the Committees.

King's Letter - Union with Scotland.

Moved, That it might be made known to the King, how much we take his late Letter to heart.

Urged further, out of a Fear, that the King was much misinformed, that every Man, that hath Access to the King, should purge himself of Tales, either to his Majesty, or any Privy Counsellor.

Sir Rich. Leveson, a Gentleman of the Privy Chamber, offereth to speak ; and Sir Fr. Hastings.

Being doubtful, whether stood up First; put to Question, as the Manner is often in the like Case : - Over-ruled, by Voice, for Sir Francis: Who wished, that the Detractions might be sifted out; and that we should address ourselves to the King, to satisfy him.

Sundry Gentlemen, his Majesty's Servants, stood up, and offered to purge themselves.

Sir Fr. Bacon : - Sed motos praestat componere fluctus,

- Qui dolorem habent, et non sensum, iis mens aegrotat. - Nil adversus veritatem, sed pro veritate.

In Conclusion, moved, That Mr. Speaker might pray Access to the King, and, on the Behalf of the House, give him Satisfaction; and, in the mean, some Committees to be named, to consider of the Manner of Satisfaction : Which were named; viz. Mr. Hyde, Sir Robert Wroth, Sir Francis Hastings, Sir Rob. Wingfield, Mr. Yelverton, Sir Edward Mountague, Sir Edwyn Sandys, Sir Geo. Moore, Sir Wm. Strowd, Sir Henry Mountague, Sir Maurice Berkley: - And were appointed to meet, and consider of the Heads and Manner of expressing, and presenting, the Grievance of the Commons House of Parliament, conceived by Occasion of his Majesty's late Letter, touching the Matter of the Union, sent by Sir Roger Aston [a].

It was afterwards resolved, upon Question, to forbear to proceed in this Committee, or to attend his Majesty in this Matter.