House of Commons Journal Volume 1: 10 February 1607

Martis, 10o Februarii, 1606

Privilege - Arrest of a Member's Servant.

THE House was this Day informed, that Tho. Finch, Servant to Sir Michael Sandys Knight, One of the Burgesses returned for the Borough of Quinborough in the County of Kent, was arrested in an Action of Debt, at the Suit of Thomas Knight, of London, Fishmonger, upon Friday last, the sixth of this Month; and being Prisoner in the Counter, in the Poultrie, an Execution was laid upon him for the Sum of Forty Pounds.

The Arrest was made by one Harrison, a Serjeant, and his Yeoman.

This being conceived to be a great Contempt to the Privilege of the House, it was ordered, that an Habeas Corpus should be awarded, for the Bringing of the Body of the said Thomas Finch into the House, upon Friday following, at Nine a Clock in the Forenoon.

For which Purpose a Warrant was directed (as is usual in such Cases) by Mr. Speaker, in this Form:

WHEREAS Thomas Finch, Servant to Sir Michael Sandys Knight, One of the Members of the Commons House of Parliament, was, upon Friday last, the sixth Day of this Instant February, arrested upon an Action of Debt, at the Suit of Thomas Knight, of London, Fish-monger, and afterwards, his Body being brought into the Counter in the Poultry, an Execution was laid upon him, and there he remaineth Prisoner, to the great Contempt of the Privilege of this House; it is this Day ordered and required, that a Writ of Habeas Corpus cum causa, be directed to the Sheriffs of London and Middlesex, for bringing of the Body of the said Thomas Finch into the said House, upon Friday, at Nine a Clock in the Forenoon of the same Day: And this shall be your. Warrant.

Ed. Phelips, Speaker.

To my loving Friend Sir Geo,

Coffin Knight, Clerk of the

Crown in his Majesty's high

Court of Chancery.

Ditto.

Another Motion of Privilege made, touching the Arrest of one Mr. Richard James, a Burgess returned for the Borough of Newport, alias Medena, in the County of South, upon an Execution.

Mr. James himself, being in the House reported the Case to be, that one Hutchins, a Serjeant, with his Yeoman, by the Procurement of one Bateman, an Attorney, made the Arrest; that, upon the Arrest, he told the Serjeant, he was a Burgess of Parliament: The Serjeant answered, if he did more than he could justify, he must answer it.

The Serjeant of the House was presently sent for Bateman, the Attorney, that procured the Arrest, being said to be about the Common Place in Westminster Hall; but he could not then be found.

Bills depending.

The Clerk having framed a Note of the State of the Bills depending in the House, upon the late Adjournment before Christmas, Mr. Speaker readeth it to the House; but nothing was done touching any of them, for that Day.

Union with Scotland.

Mr. Speaker further publisheth to the House, that Mr. Recorder of London had left in deposito with him certain Remembrances in Writing, intituled thus;

At the Painted Chamber, the Seventeenth of December, 1606.

Remembrances of the Conference of the Committees of both Houses.

These Remembrances Mr. Speaker read at large.

THE first to be repealed; touching Passage into Scotland; and a Motion to be

made, for a new Law to reform the Inconveniencies in other Parts of the Law; and thereupon the whole Law to be repealed.

And all the rest of the hostile Laws to be repealed, as was agreed by the Commissioners.

Hostile Laws.

The particular Constitutions to be left unto the several Places, and to the Election of the Inhabitants, without Prohibition or Appointment.

Constitutions.

An Act to be made, for the Abolition of all the Border Laws Customs and Treaties ; and in the same Act a Commission to be ordained, for the Perfecting whatsoever remains defective either in the Execution of the Sentences already given, by virtue of the former Treaty and Commission, or in proceeding to the Determination and Sentencing of such Wrongs as were not determined upon Bills filed, and to be filed.

Border Laws.

Commerce.

As long as the Scottishmen shall continue the Advantage they have by Privileges in France, they shall undergo the Customs of Strangers in England, both outward and inward, and no longer.

Privileges of the Scotts in France.

Considerations had upon the particular Objections of the Merchants.

Importation.

Whatsoever Merchandizes are prohibited to be brought into England from any other foreign Parts, shall not be brought out of Scotland into England, though they be Manufactures of Scotland, upon Peril of Confiscation.

Importation of prohibited Manufactures by the Way of Scotland.

The Scottish that are here resident, are to bear the same Burdens of all Taxes with the English ; and for those that are not resident, but deal by their Factors, further Consideration to be had of some Course to be taken with them.

Subsidy, and other Taxes, borne by the English, and not by the Scottish.

To this is answered, that it is in the Power of the English, whether they will incur any such Damage or no; and therefore not to be stood upon.

Retailing of Commodities in foreign Countries, which the English use not.

Howsoever the Scottishmen may more commodiously buy and transport the Northern Cloth, yet the Making of the Customs equal will give Remedy thereunto.

Advantage, that the Scotts have in trade of Northern Cloth.

If any Scottishman shall sell unto any Frenchman, or other Foreigner, any native Commodities of England, there shall be paid double Custom, according to the Rates

of England.

Exportation of English Commodities out of Scotland by the Hands and Means of other Strangers, buying them of the Scots.

If there may be made an Equality of Custom, then the Transportation, either by

Sea or Land, will not be inconvenient ; but if the Custom remain unequal, then double Custom is to be paid, both at the Port of England, where the Merchandize arrive, and likewise by Land; and certain special Places to be assigned for the Land Passage,

namely, Berwick and Carlisle.

What Customs the Scottish Merchants shall pay for foreign Wares imported into England by Sea or by Land.

This is agreed unto, according as is desired by the Merchants.

Reducing of Customs to Equality.

The Scottish not to be debarred from the Societies, yielding to the same Conditions, as the English.

Admitting of Scottish Merchants into the English Companies.

Holden not to be of such Moment, as is worthy of Consideration.

Trade of Scots in Poland.

This is sufficiently provided for otherwise, and therefore needless.

Penalty of Transportation of prohibited Commodities.

A mutual Exchange of all native Commodities to be allowed, so there be good Provision that there be no Exportation.

Mutual Exchange of all native Commodities.

Navigation.

The Laws of former Times to be retained, and put in Execution, against transporting in Strangers Bottoms: Order to be taken for Equality of Freight, Restraint of Shipping, under certain Proportions of Burden, to several Places of Trade, agreeable to the several Proportions.

These Remembrances being read, Mr. Speaker moveth, that there might be some further Proceeding; but nothing else was done for that Day.