House of Commons Journal Volume 1: 08 May 1604

Martis, 8o Maii, 1604

Fens.

L. 1. B. FOR the more speedy Recovery of many hundred thousand Acres of surrounded Grounds, in the Counties, &c

Le Grice's Decree.

L. 2. B. For Performance of a Decree in Chancery, touching Wm. le Grice, and Cottrell, &c. - Committed to Mr. Nathan Bacon, Sir John Heigham, Sir Robert Oxenbridge, Sir Edw. Lewknor, Sir Francis Knollys, Mr. Wiseman, Sir Rich. Bulkley, Mr. James, Mr. Winch, Sir Henry Hobart, Mr. Francis Moore, Sir Charles Cornwallys : - To meet on Friday, in the Exchequer Chamber.

Committees.

Committees adjourned.

Poor.

L. 2. B. For Relief of the Poor; - Committed to Mr. Recorder of London, Sir Tho. Smyth, Mr. Wyseman, Sir Francis Barrington, Sir Henry Nevill, Sir Robert Oxenbridge, Sir Edw. Lewknor, Mr. James, Sir Francis Knollys, Sir Tho. Holcroft, Mr. Fuller, Sir Edward Hext, Mr. Francis Moore, Mr. Lawton, Sir Henry Billingsley, Sir Francis Hastings, Sir Tho. Ridgeway, Sir Rob. Wroth, One Citizen of every City, Sir Tho. Hobby: - To meet on Saturday, in the Middle Temple Hall.

Privilege-Person committed.

Sir Tho. Shirleye's Case remembered by Sir John Shirley; and moved that a Warrant might be directed from this House, for committing the Warden of the Fleet close Prisoner in the Tower.

Which was ordered, and done in this Form :

W H E R E A S the Serjeant at Arms, attendant upon the Commons House of Parliament, was, by Order and Commandment, sent to bring the Body of Sir Tho. Shirley, Knight, One of the Members of the House, and now Prisoner in the Fleet, into the said House, according to their known Privilege; and the Warden of the Fleet, being required by the same Order to deliver him, did deny to do it, to the manifest Contempt of the said Privilege ; it is this Day ordered, That the Serjeant shall apprehend the Body of the said Warden, and convey him to the Prison of the Tower, and there deliver him to the Lieutenant; with Direction, in the Name of the House, that he be committed close Prisoner, until the further Pleasure of the House be known. And this shall be to the said Serjeant, and Lieutenant, a sufficient Warrant.

Edw. Phelips, Speaker.

Serjeant sent to release a Member.

Before this Warrant, the Serjeant was sent, with his Mace, to the Fleet, (the House sitting) to require the Body of Sir Tho. and was withstood, as is mentioned in the Warrant; and directed by the House to pursue the Precedent of Ferrers, recorded in Hollinshead's Chronicle, and in the Book of Jurisdiction of Courts, by Crompton.

Fines imposed by Parliament.

Motion by Mr. Speaker, that a Fine may be imposed; and that Search be made by the Clerk, and others, for Precedents of imposing and estreating, or levying, of Fines imposed by Parliament, in the Pipe Office, or elsewhere.

For this Service some Committees were presently named: Sir Rob. Wingfield, Mr. Wyseman, Sir Tho. Holcroft, Sir Edw. Hobby, Sir Edw. Grevill, Sir Edw. Stafford, Sir John Heigham: - To search and view Precedents touching Fines, and to report Tomorrow Morning.

A Letter from Sir Tho. Shirley, directed to Mr. Speaker, read in the House [a].

***

Religion.

Upon Motion, and Question, agreed to have Conference with the Lords, touching Matters of Religion.

To this Purpose was appointed Sir Francis Hastings, and Twenty more such other, as are pleased to accompany him. - Time and Place to be appointed by the Lords.

Privilege - Subpoena to a Member.

A Subpoena out of the Chancery, served upon the Person of Sir Oliver St. John, at the Suit of John Egiock, Gentleman, read in the House.

Informed, that Egiock had warning, before the Serving of the Writ, that Sir Oliver was a Member of the House.

Ordered, To send the Serjeant for Egiock, to answer the Contempt.

Dat. 26. Apr. 2 Ja. R. 3 Maii.

Marriages.

L. 3. B. To restrain all Persons from Marriage, until their former Wives, or Husbands, be dead : - Upon the Question, passed.

Apprentices.

L. 3. B. Touching Taking of Apprentices : - Upon the Question, passed.

Labourers Wages.

L. 3. B. For Explanation of the Statute of 5 Reginae Eliz. touching Rating of Labourers Wages: - Upon the Question, passed.

Privilege - Refusal to release a Member under Arrest.

The Warden of the Fleet was brought to the Bar by the Serjeant; and being charged with his Obstinacy and Contempt, he offereth the Writ of Habeas Corpus, with the Return ; which was read as followeth:

JACOBUS, Dei gratia, Angliae, Scotiae, Franciae, et Hiberniae Rex, fidei Defensor, &c. Gardiano prisonae nostrae de la Fleete, Salutem, Praecipimus tibi, quod habeas coram nobis, in praesenti Parliamento nostro, apud Westm. in die Martis, octavo die instantis mensis Maii, circa horam octavam ante meridiem ejusdem diei, corpus Thomae Shirley militis, capt. et in prisona nostra, sub custodia tua, ut dicitur, detent, quocunque nomine, aut cognomine, idem Thomas censeatur, una cum causa captonis et detentionis ejusden Thomae, ad respondendum super hiis, quae sibi tunc ibidem objicientur, et ad faciendum ulterius, et recipiendum, quod per nos, in Parliamento nostro praedicto Consideratum et ordinatum fuerit: Et hoc nullatenus omittas, sicut nobis inde respondere volueris. Et habeas ibi hoc Breve. Teste meipso apud Westm. septimo die Maii, anno regni nostri, Angliae, Franciae, et Hiberniae, secundo, et Scotiae, tricesimo septimo.

Coppin.

Responsum Johannis Trench armigeri, Gardiani: EGO Johannes Trench armiger, Gardianus prisonae Domini Regis de le Fleet, Domino Regi in Parliamento suo certifico, quod istud Breve adeo tarde mihi advenit, quod corpus infra nominati Thomae Shurley, ad diem, horam, et locum infra content. habere non potui, prout interius mihi praecipitur [b].

Being demanded, who drew the Return ;

Answ. Himself conceived it, one Kempe wrote it. He, affirmed, he received the Writ after Eight a Clock.

The Warden retired to the Door; and Baskervyle, Servant to Sir Thomas, produced upon Oath, saith, he offered it long before Eight, at the Lord Chancellor's House, and delivered it half an Hour before Eight, at the Fleet. Mr. Speaker observeth, that the Writ was not well made, being, Circa horam octavam.

The Warden brought in again, and asked, if this Writ had come in convenient Time, or if another shall come, whether he would deliver him ?

Answ. He could make no other Answer than Yesterday.

Quest. Why he dealt, so severely with Sir Tho. Shirley ?

Answ. Sir Tho. refuseth to give Security.

Quest. Why he restrained any to come to him ?

Answ. He kept the like Restraint upon others.

Mr. Speaker pressed him to understand the Case, by sundry Precedents ; reciting the Precedents of Ferrers, Curwin, Hall's Man, and others; but it did not move.

After this, he desired to be heard; and demanded, whether the Act, to be assented unto by the King, will discharge him.

Answ. That it would.

He replied, he would discharge Sir Tho. if by a Writ directed unto him for that Purpose, he were brought before the Lord Chancellor: And so retired again.

Many Motions what Course to be taken:

1. A Writ of Privilege, and the Mace. -

The Copy of the Act to pass. -

Another Writ of Habeas Corpus; a Writ of Privilege, and the Mace. -

Though the King should give his Royal Assent, yet the Contempt of the Warden to be punished.

At length. Ordered, upon Two several Questions :

1. To commit the Warden of the Fleet to the Tower, close Prisoner.

2. To send the Serjeant Tomorrow (sitting the Court) to require the Delivery of Sir Tho. Shirley.

Council to be heard.

Ordered, To hear Council inter Mr. Seymour and the Earl of Hertford, on Thursday next, at Eight a Clock in the Morning.

Le Gryce's Decree.

Moved, That in the Case between Le Gryce and Cottrell, Notice might be given to Cotterell, by Letter under the Hand of Mr. Speaker, before any further Proceeding ; and that Council and Witnesses might be heard at the Committee: which was accordingly ordered.

Leave of Absence.

Mr. Geo. Cradock, Burgess for the Town of Stafford, licensed upon special Motion, to depart into his Country; with Commandment to return before the End of this Session.

Sir John Crook, Sir Edward Stanhope, and Sir Rich. Swale, bring from the Lords Three Bills:

Howard's, &c. Restitution.

1. An Act for Restitution in Blood of William Howard, youngest Son of Tho. Duke of Norfolk, and of the Children of the Lady Margaret Sackvill, Daughter of the said Duke.

Conjuration.

2. An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits.

Ramsey's Nat.

3. An Act for the Naturalizing of Sir John Ramsey, Knight.

And deliver, in Answer of a former Message, sent by this House, for Conference touching Matters of Religion, That their Lordships do well approve the Motion, but cannot attend the Conference until Monday; and desire it may then be at Two a Clock in the Afternoon, in the Painted Chamber.