House of Commons Journal Volume 1: 07 May 1604 (2nd scribe)

Lunae, 7o Maii, 1604

Bankrupts.

THE Bill for the better Execution and Explanation of the Statutes of Bankrupts : - The first Reading.

Courts Leet, &c.

The Bill to prevent the Overcharge of the People, by Stewards of Court Leets, and Court Barons: - The second Reading, and Committed - Mr. Nath. Bacon, Mr. Johnson, Mr. Crewe, Mr. Tho. Trevor, Mr. Wyseman, Sir Jo. Savill, Sir Edw. Tyrrell, Sir Jo. Thynne, Mr. Hoskins, Sir Rob. Knolles, Sir Herbert Crofts, Mr. Fuller, Sir Geo. Moore: - Thursday, Chequer Chamber.

Privilege- Bribery.

Sadler, that accused Typper, called in; and saith, that the 100l. was given for procuring a Corporation; and Conditions drawn between them.

A Thing closed, and shuffled up.

Mr. Typper to be discharged,

Privilege- Arrest of a Member.

A Writ of Habeas Corpus, for Sir Tho. Shirley, denied to be executed by the Warden of the Fleet, before the King's Royal Assent be procured to the Bill for his Security, and Simpson's; and the Warden examined upon the Contempt.

An Oath ministered.

Whether any Recompence, bearing of Charges, Promise of Reward, or any other Dealing, from Simpson, for Sir Tho. Shirleye's Detaining: Answered directly, that he had no Dealing, directly or indirectly.

Being moved to the Warden, whether, upon a new Writ, he will bring him; refused and denied to bring him in.

The Warden to be committed to the Serjeant, for this Day, and in the mean time to take Order for the Fleet : and if, before To-morrow Morning, upon an Habeas corpus cum causa, he do not reform himself, that then, without bringing him to the House again, he be carried to the Tower, and there kept.

Privilege- Sheriff of Shropshire.

The Sheriff of Shropshire. - Mr. Brook moveth, that the Counsel may be heard.

In some Cases, Men are denied their Counsel, that are not capital.

In the free Choice of this House, to allow, or not allow, him his Counsel.

Bassett, Sheriff of Staffordshire, in Matter of Fact had no Counsel.

The Sheriff of Norfolk, 29 Eliz. was admitted to his Counsel.

Being put to the Question, whether he shall have Council;

For Matter of Fact, his Cause to be opened first by himself, and then to be put to Question, whether Counsel.

The Sheriff appears, and kneeling at first, was by the Favour of the House dispensed withal afterwards.

Counsel on both Sides to be allowed.

Articles, against the Sheriff, brought in, and ordered to be read.

The Committee for the Privileges to consider of the Matter of the Sheriff of Shropshire, this Afternoon, in the Exchequer Chamber; and all the Articles of Accusation against him.

Mr. Sheriff to appear here To-morrow.

Purveyors.

Mr. Hare reported, the last Conference. -

Contrary to the Laws: That the Complaint -

Complained of: Framing unjust, unlawful, and untrue Commissions, by the Officers of the Green-cloth, in many Points, as appeareth by the Laws of Purveyors. -

Mr. Attorney, - Prerogative absolute: Prerogative limited. -

The Dog runs after the Stone, not after the Hand that casts it: Therefore we not after the Purveyors, but after the Officers, &c. -

The Custom of Purveyance, and of such Commissions, since H. VIII. Time, altogether against the Law. The old Commissions otherwise; which were viewed by the Committee. -

A Custom interrupted, no Custom,

Mr. Martin -

Committees appointed to consider of the Articles of Purveyors, and to confer with the Lords, touching the same. To-morrow Morning: Mr. Hare, Mr. Hyde, Mr. Martin, Sir Jo. Savill, Sir Fr. Bacon, Mr. Eure, Mr. Fuller, Mr. James, Sir Rob. Nappier, Sir Rob. Wroth, Sir Geo. Moore, Sir Tho. Beamount, Sir Wm. Skipwith, Sir Edw. Tyrrell, Sir Jo. Thynne, Sir Rob. Wingfield, Mr. Staughton, Sir Jo. Boys, Sir Tho. Denton, Sir Nich. Saunders, Sir Ro. Litton, Sir Fr. Hastings, Sir Edw. Hext, Sir Henry Witherington, Serjeant Hubbard, Sir Herbert Crofts, Sir Lewys Lewknor, Sir H. Nevill, Sir Geo. St. Poole, Sir Sam. Bacchus, Sir Wm. Burlacy, Sir Fr. Popham, Sir Walter Cope. - To meet this Afternoon, in the Exchequer Chamber, and to prepare.

Notice to Butler.

By Letter from the Speaker, Notice to be given to Butler.

Executions.

An Act for new Executions, &c. thirdly read ; and passed, upon Question.

Aliens Children.

The Bill to place the Children of Aliens, &c. and the Committees, delivered to Sir Edw. Hobby.

Rodney's Estate.

The Bill for the quiet Establishing and Settling of the Lands and Possessions, late of Sir George Rodney Knight, deceased: - The third Reading, and passed, upon the Question.

Lucas' Creditors.

Sir Maurice Berkley moveth, that the Creditors in Mrs. Lucas her Case may be heard by their Counsel: And Ordered.

Cattle-stealing.

The Bill to take away Clergy from Cattle and Sheep Stealers, thirdly read, and passed, upon the Question.