Jovis, viz. 5 Die Aprilis, 1604

Mr. Speaker attends the King.

Mr. Speaker, by a private Commandment, attended the King this Morning at Eight a Clock, and there stayed till Ten.

Extortion.

L. 2. B. Concerning Extortion: - Committed to all the Serjeants at Law, Mr. Solicitor, Mr. Yelverton, Sir Geo. Carewe, Master of the Chancery, Sir Edward Hobby, Sir Roger Wilbraham, Sir John Bennett, Mr. Fuller, Mr. Francis Moore: - To meet in the Middle Temple Hall, on Saturday, at Two a Clock in the Afternoon.

Privilege - King's Message respecting Jurisdiction in Elections.

Mr. Speaker excuseth his Absence, by reason he was King's commanded to attend upon his Majesty; and bringeth Message from his Majesty to this Effect: That the King had received a Parchment from the House; whether it were an absolute Resolution, or Reason to give him Satisfaction, he knew not: He thought it was rather intended for his Satisfaction. His Majesty protested, by that Love he bare to the House, as his loving and loyal Subjects, and by the Faith he did ever owe to God, he had as great a Desire to maintain their Privileges, as ever any Prince had, or as they themselves. He had seen and considered of the Manner, and the Matter; he had heard his Judges and Council, and that he was now distracted in Judgment : Therefore, for his further Satisfaction, he desired, and commanded, as an absolute King, that there might be a Conference between the House and the Judges; and that, for that Purpose, there might be a select Committee of grave and learned Persons out of the House; that his Council might be present, not as Umpires to determine, but to report indifferently on both Sides.

Upon this unexpected Message, there grew some Amazement, and Silence; but at last One stood up, and said, The Prince's Command is like a Thunderbolt; his Command upon our Allegiance, like the Roaring of a Lion: To his Command there is no Contradiction; but how, or in what manner, we should now proceed to perform Obedience, that will be the Question.

Another answered: Let us petition to his Majesty, that he will be pleased to be present, to hear, moderate, and judge the Case himself.

Whereupon Mr. Speaker proceeded to this Question.

Q. Whether to confer with the Judges in the Presence of the King and Council ?

Which was resolved in the Affirmative, and a select Committee presently named for the Conference; viz.

Lawyers :

Mr. Serjeant Tanfeild, Mr. Serjeant Hubard, Mr. Serjeant Leigh, Mr. Serjeant Shirley, Mr. Serjeant Dodridge, Sir Thomas Hesketh, Sir Francis Bacon, Mr. Recorder of London, Mr. Yelverton, Mr. Crewe, Mr. Lawrence Hide, Mr. Francis Moore, Mr. Richard Martyn, Mr. Winche, Mr. Dyett, Mr. Fuller, Sir Roger Wilbraham, Mr. Francis Tate, Mr. Doctor James, Sir Daniell Dunn, Sir John Bennett.

Gentlemen :

Sir Geo. Carewe, Vice-chamberlain to the Queen, Sir Francis Hastings, Sir Edward Hobbye, Sir Robert Wrothe, Sir Henry Nevill, Sir John Savile, Sir Geo. Moore, Mr. Nathaniel Bacon, Sir Edward Stafford, Sir William Fleetwood, Sir Thomas Chaloner, Sir Roger Aston, Sir Robert Wingfeild, Sir Edward Mountague, Sir Edwyn Sandys, Sir Robert Cotton.

These Committees were selected, and appointed to confer with the Judges of the Law, touching the Reasons of Proceeding in Sir Francis Goodwyn's Case, set down in Writing, and delivered to his Majesty, in the Presence of the Lords of his Majesty's Council, according to his Highness' Pleasure, signified by Mr. Speaker, this Day, to the House.

It was further resolved and ordered by the House, upon the Motion to that End by Mr. Lawrence Hide, That the foresaid Committees should insist upon the Fortification and Explaining of the Reasons and Answers delivered unto his Majesty; and not proceed to any other Argument or Answer, what Occasion soever moved in the Time of that Debate.

Purveyors, &c.

Mr. Lawrence Hide reporteth, That the Committee in the Bill touching Purveyors and Car-takers, &c. have considered of the Bill; but have thought fit to speak with some Officers of the Green Cloth, before they return it into the House.

Prisoners.

Mr. Brock reporteth the Bill for authorizing Justices prisoners of Peace to deliver Prisoners out of Gaol, &c. with Amendments; which being twice read, upon the Question, to be ingrossed.

Committees to meet.

Committee for Sir Henry Nevill's Motion, to meet in the Inner Temple Hall, on Monday, at Two a Clock in the Afternoon.

Committee for the Bill of Utlaries, in the Middle Temple Hall, upon Tuesday.

Committee for Recoveries against Infants, in Lincoln's Inn Hall, upon Wednesday.

Committee for the Bill of Hats and Felts, in the Inner Temple Hall, upon Thursday.

Committee for Sir Thomas Shirley's Case of Privilege, in the Inner Temple Hall, the next Morning, at Eight a Clock.

Windsor Deanry, &c.

Sir Edward Stanhop and Sir Richard Swalle bring from the Lords a Bill, intituled, An Act for the Assuring of divers Lands and Tenements to the Dean and Canons of Windsor, and of assuring a Lease of the Prebend of Bedwyn, in the County of Wiltes, to Edward Earl of Hertford.

Prisoners discharged.

Upon Motion made in the Behalf of Carter, the Vintner, in Westminster, and Aston, his Man, the House was pleased to pardon and dismiss them, paying ordinary Fees to the Clerk and Serjeant.

Committee of Privilege.

Committee for Returns and Privileges,to meet at Seven a Clock Tomorrow Morning, in the Inner Temple, Hall.

Leave of Absence.

Thomas Eden, a Burgess, returned for Sudbury in Suffolk, informeth the House of some urgent Occasion he had to be absent for some few Days; and thereupon is licensed by Mr. Speaker, and the House, to depart; and commanded to return to the Service of the House the Nineteenth Day of April next.

Adjournment.

This Day Mr. Speaker pronounceth his Majesty's Pleasure of adjourning the Court until Wednesday next, the Eleventh of April at Eight a Clock in the Morning.

Wool Trade.

L. 1. B. AGAINST Transporting, Brogging, and Ingrossing of Wool and Yarn.

Limitation of Prescription.

L. 2. B. For Explanation of the Statute for Limitation of Prescription, made 32 Henrici VIII. - Committed to Mr. Hide, Mr. Francis Moore, Sir Robert Wrothe, Mr. Martyn, Mr. Serjeant Snig, Mr. Lawley, Sir Valentine Knightley, Mr. Serjeant Hobart, Mr. Serjeant Leighe, Mr. Serjeant Tanfeild, Sir George Moore, Sir Edward Hobby: - To meet on Saturday, at Two a Clock in the Afternoon, in the Middle Temple Hall.

Ale-houses, &c.

L. 2. B. Touching Wines, Inns, Ale-houses, and Taverns.

Much Dispute upon the second Reading of this Bill.

Mr. Martin, facete: - Extremity, Injustice, Uncharitableness, in this Bill: - With some delightful Application to the Bill, and to the Speech of a Gentleman, that spoke before him. And the Bill, upon the Question, rejected.

Letters Patents.

L. 1. B. Of Explanation of the Common Law, in certain Cases of Letters Patents.

Apparel.

L. 2. B. For Apparel, restraining the excessive Wearing of Cloth of Gold, Cloth of Silver, &c. - Committed to all the Privy Council of the House, Sir Edward Hobbye, Sir Edward Mountague, Mr. Recorder of London, Sir Roger Aston, Sir Christopher Perkins, Sir Edward Lewknor, Sir John Savile, Sir John Levison, Mr Toby Mathewe, Sir Edmund Bowyer, Sir George Moore, Sir John Thinne, Sir Robert Wrothe, Mr. Hide, Sir Maurice Berkley, Sir Will. Skipwith, Sir Lewys Lewknor, Sir Thomas Ridgway, Sir Jerome Bowes, Sir William Wray, Sir Percivall Willoughbye, Sir Francis Moore, Mr. Serjeant Snig: - To meet on Monday, at Two a Clock in the Afternoon, in the Exchequer Chamber.

Clothiers.

Three Bills touching Clothing, and Clothiers, delivered to Sir Henry Mountague.

Privilege-Arrest of a Member.

Mr. Hitcham reporteth the Travel of the Committees in Sir Thomas Shirley's Case: wherein (he said) they took into Consideration Two Things. 1. The Contempt and the Punishment of the Offenders. 2. Whether the Debt were extinguished. They found, that Simson was guilty of the Contempt wittingly; that Lightbone, the Serjeant at Mace, made the Arrest wittingly, willingly, and wilfully: Which both were made appear by these Circumstances : 1. It was found, that the Writ of Execution was procured to be made of a Clerk, that had no Authority to do it: That Sir Thomas, being first arrested upon a Latitat, said, he was a Burgess of Parliament, and therefore willed the Serjeant to beware. The Serjeant answered, That Mr. Simson knew that, and he himself knew it well enough. Sir Thomas, being in the Compter, and the Execution laid upon him, sent again to Simpson, and told him, as before. Simpson answered, he could but lie by it. [a]

Upon this Report, the Question was moved, and made by Mr. Speaker

Question. Whether Simpson, the Serjeant, and his Yeoman, should be committed, viz. to the Tower, the proper Prison of the House.

Resolved, That they should be committed.

But the House being informed, that my Lord Chancellor, before the Sitting of the House, had committed them ;

Sir Edward Hobbey and Mr. Francis Moore were appointed to acquaint his Lordship with the Judgment of the House, for their Remove to the Prison of the Tower.

Mr. Recorder of London moved, That the Counsel of all Parties might be heard touching the Point of Debt, before Sir Thomas Sherley were discharged; and therein made these Three Doubts :

1. Whether Privilege were to be allowed, sithence the Execution was taken forth before the Parliament sat,

2. Whether the Action were discharged.

3. Where the Loss should lie.

But concluded, that the Contempt was very plain, and fit to be punished.

And the House, upon his Motion, Ordered, That the Counsel of all Parties should be heard on Friday Morning following.

Leave for Members to attend Lords.

In this Interim it was informed, that some Lawyers, being Members of the House (as Mr. Brock, and others) were of Counsel in the Case of Honour and Dignity depending between the Heirs of the Lord Abergevenny, and the Lord de Lespensor; and that the said Case was to be argued before the Lords of the Higher House the next Morning ; and therefore moved, that they might have leave to attend it; which was accordingly granted by the House.

Privilege-Arrest of a Member.

According to former Order, a Warrant for a Writ of Habeas Corpus, to bring in the Body of Sir Tho. Shirley, issued in this Form :

WHEREAS Sir Tho. Shirley Knight, One of the Members of the Commons House of Parliament, is arrested upon an Execution at the Suit of Gyles Simpson, of London, Goldsmith, and now remaineth Prisoner in the Fleet, to the great Contempt of the Privilege of this Parliament; it is ordered and required by the said House, That a Writ of Habeas Corpus be forthwith awarded, for his Remove out of Prison, and for his Appearance in the House upon Friday next, at Eight a Clock in the Morning. And this shall be your Warrant.

Ed. Phelips, Speaker.

Directed,

" To my very loving Friend Sir Geo. Copping Knight, Clerk of the Crown in the Chancery."

A Warrant was also directed for the Bringing in of Sympson, the Goldsmith, at whose Suit, and Watkins the Serjeant, that made the Arrest, to this Effect.

WHEREAS Gyles Sympson and William Watkins have committed a manifest Contempt against the Privileges of this Parliament, and now remain Prisoners in the Fleet; it is required by the Commons House of the said Parliament, That you take the Bodies of the said Gyles and William into your Custody, and bring them into the said House upon Friday the Thirteenth of this Month, at Eight

a Clock in the Morning, to answer to such Matters shall be objected against them. And this shall be your Warrant.

Directed,

" To my loving Friend Mr. Roger Wood Esquire, One of his Majesty's Serjeants at Arms, and Serjeant of the Commons House of Parliament."

Privilege - Jurisdiction in Elections.

Sir Francis Bacon was expected, and called, to make a Report of the late Conference with the Judges in the Presence of his Majesty, and the Lords of the Council; but he made Excuse, saying, He was not warranted to make any Report; and tantum permissum, quantum commissum: Nevertheless, upon a Question, he was overruled to make a Report.

And a Motion thereupon made, that the Committees might first assemble in the Court of Wards, and confer amongst themselves, and then the Report to be made.

E. of Southampton.

L. 3. In this mean time, the Bill of Restitution of Henry Earl of Southampton, upon a third Reading, and the Question, passed.

E. of Essex.

L. 3. The Bill of Restitution of Robert, the Son, and the Two Daughters, of Robert, late Earl of Essex: - Passed.

E. of Arundell.

L. 3. The Bill of Restitution of Thomas, only Son of Philip, late Earl of Arundell.

Upon the third Reading of this Bill, a Motion was made touching the Profession and Religion of the Party to be restored; with this Averment, that whosoever doth not profess the Christian Religion established within this Kingdom, ought neither to be advanced to Honour nor Office. Notwithstanding, upon the confident Assurance and Testimony of some special Members of the House of the Earl's Conformity and Obedience to the State in that Point, thereby endeavouring to give Satisfaction to the House, the Bill immediately proceeded to Question, and passed.

Privilege-Jurisdiction in Elections.

Sir Francis Bacon, after the Meeting of the Committees in the Court of Wards, reporteth what had passed in Conference in the Presence of his Majesty, and his Council.

The King said, He would be President himself. - This Attendance renewed the Remembrance of the last, when we departed with such Admiration. It was the Voice of God in Man, the good Spirit of God in the Mouth of Man : I do not say the Voice of God, and not of Man : I am not one of Herod's Flatterers: A Curse fell upon him that said it, a Curse on him that suffered it. We might say as was said to Solomon, We are glad, O King, that we give Account to you, because you discern what is spoken. We let pass no Moment of Time, until we had resolved, and sat down an Answer in Writing, which we now had ready : That sithence we received a Message from his Majesty by Mr. Speaker, of Two Parts: 1. The one paternal: 2. The other royal: 1. That we were as dear unto him as the Safety of his Person, or the Preservation of his Posterity : 2. Royal; that we should confer with his Judges, and that in the Presence of himself, and his Council: That we did more now to King James, than ever was done since the Conquest, in giving Account of our Judgments : That we had no Intent, in all our Proceedings, to encounter his Majesty, or to impeach his Honour, or Prerogative.

This was spoken by way of Preamble, by him you employed.

How to report his Majesty's Speeches he knew : [a] The Eloquence of a King was inimitable.

The King addressed himself to him, as deputed by the House; and said, he would make Three Parts of what he had to say : The Cause of the Meeting was to draw to an End the Difference in Sir Fra. Goodwyn's Case.

If they required his Absence, he was ready, because, he feared he might be thought interessed, and so breed an Inequality on their Part.

He said. That he would not hold his Prerogative or Honour, or receive any thing of any, or all his Subjects : - This was his Magnanimity.

That he would confirm and ratify all just Privileges : - This his Bounty and Amity ; as a King royally; as King James, sweetly, and kindly, out of his Good-nature.

One Point was, Whether we were a Court of Record, and had Power to judge of Returns. As our Court had Power, so had the Chancery; and that the Court, that first had passed their Judgment, should not be controuled.

Upon a Surmise, and upon the Sheriff's Return, there grew a Difference.

That there Two Powers; One permanent, the other transitory : That the Chancery was a confidentiary Court, to the Use of the Parliament, during the Time.

Whatsoever the Sheriff inserts beyond the Authority of his Mandate, a Nugation.

The Parliaments of England not to be bound by a Sheriff's Return.

That our Privileges were not in Question : That it was private Jealousies, without any Kernel or Substance. He granted, it was a Court of Record, and a Judge of Returns. He moved, that neither Sir John Fortescue, nor Sir Francis Goodwyn, might have place. Sir John losing Place, his Majesty did meet us half way: That when there did arise a Schism in the Church between a Pope and an Anti-pope, there could be no End of the Difference, until they were both put down.

Upon this Report, a Motion was made, that it might be done by way of Warrant; and therein to be inserted, that it was done at the Request of the King: And was further said (as anciently it hath been said) that we lose more at a Parliament, than we gain at a Battle: That the Authority of the Committee was only to fortify what was agreed on by the House for Answer; and that they had no Authority to consent.

It was further moved by another. That we should proceed to take away our Dissention, and to preserve our Liberties: And said, That in this we had exceeded our Commission ; and that we had drawn upon us a Note of Inconstancy and Levity.

But the Acclamation of the House was, that it was a Testimony of our Duty, and no Levity.

So as the Question was presently made :

Quest. Whether Sir John Fortescue and Sir Francis Goodwyn shall both be secluded ; and a Warrant for a new Writ directed ?

And, upon the Question, Resolved, that a Writ should issue for a new Choice : And a Warrant directed accordingly.

A Motion made That Thanks should be presented by Mr. Speaker to his Majesty, for his Presence and Direction in this Matter : And thereupon ordered, That his Majesty's Pleasure should be known, by Sir Roger Aston, for their Attendance accordingly.

Because it had been conceived by some, that Sir Francis Goodwyn, being the Member specially interessed, it were fit he should give Testimony of his Liking and Obedience in this Course; being dealt withal to that End, he writ his Letter to Mr. Speaker ; which, before this Question made (for better Satisfaction of the House) was read in these Words:

Letter from Sir F. Goodwyn.

SIR, I am heartily sorry to have been the least Occasion, either of Question between his Majesty and that honourable House, or Interruption to those worthy and weighty Causes, which, by this time, in all Likelihood, had been in very good Forwardness. Wherefore, understanding very credibly, that it pleased his Majesty, when the Committees last attended him, to take Course with them for a third Writ and Election for the Knightship of the County of Buck, I am so far from giving any Impediment thereunto, that, contrariwsie, I humbly desire his Majesty's Direction, in that Behalf, to be accomplished and performed. So praying you, according

ing to such Opportunity as will be ministred, to give Furtherance thereunto, I take my Leave, and rest

Yours most assured to be commanded,

Fra. Goodwyn.

Westminster, this 11th

of April, 1604. Directed :

" To the Right Worshipful Sir Edward Phelips Knight,

Speaker of the Honourable Court of Parliament [a].