House of Commons Journal Volume 1: 20 February 1607

Pages 338-339

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

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Page 338
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Veneris, 20o Februarii, 1606

Trelawnye's Estate.

L. 1a. B. FOR further Assurance to the Purchasers of certain Lands, late Sir Jonathane Trelawnye's Knight, deceased, appointed by Act of Parliament to be sold, for Payment of his Debts.

Pelham's Estate.

L. 2a. B. For the better Enabling of Herbert Pelham, Esquire, to make Sale of the Manor of Swynsted, alias Swynshead, in the County of Lincolne, &c. - Secondly read, and committed to Sir Gamaliel Capell, Sir Geo. Fleetwood, Sir Geo. Moore, Sir Michael Hicks, Sir William Twysenden, Sir William Wray, Sir Barnard Whytston, Sir Robert Oxenbridge, Mr. Staughton, Mr. Francis Moore, Mr. Alford, Mr. Bullingham, Mr. Fuller, Mr. Irby, Sir Henry Poole, Mr. Tate, Sir John Ackland, Sir Thomas Waller, Sir Thomas Darrell, Sir Tho. Walsingham, Sir Francis Fane, Mr. Serjeant Shirley, Sir Geo. Rivers: - To meet on Tuesday next, at Two a Clock in the Afternoon, in the Exchequer Chamber.

Mr. Overbury maketh Report of Two Bills, from the Committee; viz.

Bourchier's and Bathust's Letters Patent.

LL. B. For Confirmation of the King's Majesty's Letters Patents made to William Bourchier Esquire, &c.

LL. B. For Confirmation of the King's Majesty's Letters Patents made to Robert Bathurst Esquire, &c.

Some Question arising in the Committee, and Doubt made by the House, upon the Opening; the Bills were re-committed to the same Committees; - To meet Tomorrow, at the usual Time, in the Middle Temple Hall.


Mr. Speaker taketh Knowlege of an Information given him, touching the Arrest of one Hawkins now Servant to Sir Warwick Heale, One of the Members of this House, contrary to the known Privilege of the House.

The Case was informed to be, that Hawkins was late Apprentice to one Towerson, a Merchant; and was by him discharged from his Service, without any just Cause alleged. Much Endeavour was used (as was openly avowed by Sir Richard Hawkins, a Member of the House, then present) by the Friends of Hawkins, to satisfy his Master, and to settle him in his Service again [a]. The Master obstinately refused to take him, and left him to his Friends, to dispose of. Hereupon Sir Warwick Heale retained him, and employed him in his Occasions, as a Servant. Sithence his said Master arrested him in an Action of 8,000 l.

Moved, to know the Pleasure of the House; and Order given, to direct a Warrant for an Habeas Corpus for the Party Arrested: Towerson, the Merchant, at whose Suit, and the Serjeant, that arrested hiin, to be warned to appear.

Prisoner discharged.

Hutchins, the Serjeant, committed for the Arrest of Mr. James, kneeled at the Bar ; and, upon his Submission, and Confession of his Fault, together with Acknowlegement of the Favour of the House, was discharged, paying Fees to the Officers.

Petition from a Prisoner.

A Petition from Robert Bateman, the Attorney, that procured the Arrest, delivered, and read in the House, in this Form:

To the Right honourable the Commons House of Parliament:

The humble Petition of Robert Bateman :

HUMBLY sheweth and confesseth unto this honourable House, that whereas your poor Suppliant hath heretofore rashly and unadvisedly procured a Writ of Execution to be served upon one Mr. Richard James, a Member of the said House, contrary to the ancient and honourable Privileges of the same ; in procuring whereof, your Suppliant, in all Submissness, acknowlegeth himself faulty, and therefore the Censure of this honourable House to be justly and favourably inflicted upon him : yet, forasmuch as your Suppliant, being restrained of his Liberty, hath no Means to relieve his poor Family, or to perform the many Businesses committed to his Charge; he humbly prayeth, that this honourable House would vouchsafe to release him of his Imprisonment ; for the which he shall be bound, for ever hereafter, not only to be more respective and dutiful towards so honourable a State, and the Members thereof; but will daily pray for the honourable and flourishing Prosperity thereof long to continue.

To be brought up.

Upon this Petition, Ordered, that he should be brought to the Bar.

Union with Scotland.

After, the Dispute entered into again, by Sir William Maurice, Sir Henry Jenkins, and Sir Geo. Moore.


Sir John Crooke and Sir Edward Stanhope bring this Message from the Lords ; viz.

That their Lordships had sent to renew their former Message concerning the Continuance of the Conference

in the Matter of the Union : That now Two Points being debated, with a Promise, that the other should also be handled; their Lordships, desirous to expedite that Business for which this Session is principally called, and themselves wholly intending it, hoping of the Concurrence of this House with the same Zeal and Care, expect an Answer, with such Speed as should be thought fit.

The Answer committed by the House to the same Messengers, for Saving of Time; viz.

That they have and do still endeavour themselves to consider of the Matter, and to prepare themselves; and, when they are ready, will send to their Lordships.

Union with Scotland.

Sir Richard Spencer, Mr. May, Sir Herbert Crofts, Sir Robert Cotton, and Mr. Tate, proceed in the Dispute, as well in the Point of Law, as of Conveniency.

Sundry Motions made:

1. To declare them not naturalized.

2. To put that to Question.

3. The Lawyers Speeches first to be answered, and then to Question.

4. The Matter to be determined in the House, not declared.

5. To hear the Lords; to hear the Judges; then return, and resolve.

6. To hear the Civil Lawyers dispute it here, or at a Committee ; because it is a Point of the moral Law of Nations, and rests upon the Opinion of the Parliament of Scotland.

7. To refer it to a Committee, and no further Question to be made of it in the House.

And Mr. Speaker remembered, that there was a Promise of Conference; and therefore not fit to grow to any Question before they confer.

Upon this the great Committee was read; and appointed to assemble themselves at Two a Clock this Afternoon, in the Parliament-house; and to continue Argument amongst themselves, in the Point of Law, whether de jure, all born in Scotland sithence the King's Coming, were naturalized; and in that Point only to deliver their Opinions.


The Matter touching the Arrest of Nicholas Hawkins, Servant to Sir Warwick Heale by one William Towerson, a Merchant, his former Master, reported to be stayed, and appeased by Mediation [a].