[This account of the proceedings in the House of Commons in 1604 from
the beginning of the session until 6 April is among the manuscripts of
the Duke of Rutland at Belvoir. It is given here in unabridged form
(as distinct from abridgements in the Journal of the House of Commons
and the Diarium) so you can assess the significance contemporary
Members of Parliament attached to the Buckinghamshire election compared
to other business before the House. The account is taken from a transcription
of the original manuscripts as printed in volume 14, Belvoir Mss.]
[19 March 1604]
19 March, His Majesty's speech
in his oration grounded upon thes[e] three [e]specially:
1. First, His
Majesties coming to the crown by his right and descent with so general
applause to all his subjects of this kingdom, that whilst he lived he would
never be unmindful of their acknowledgements and kindness.
2. Secondly, the peace
that came by His Majesty both outward and inward at home whereby all merchants
had free traffic, and all wars which were in her late Majesty's time were
the true religion and service of almighty God which he divided into three
sorts: first, the professors of the religion at home which is established,
which he allowed of and never purposeth to change; the second, catholics,
which he called papists, who seek to have wars foreign or outward; thirdly,
sectaries who sought for reformation at home and so troubled the state.
After this speech
by Mr. Doctor Herbert in the lower house delivered, Sir Edward Phelips
was commended from the King by him to be a fit man for the speaker, and
so elected by the lower house, and by them to be presented Thursday following
videlicet 22 Marcii 1603.
[22 March 1603]
At which day Mr. Speaker was
presented to the King between one an two of the clock of the afternoon,
and all being ended in the upper house, he came into the lower house, and
after he had taken his chair and silence commanded, then a speech made
by Sir William Fleetwood one of the knights in Buckinghamshire in the behalf
of Sir Francis Goodwyn, the other knight, elected and returned by Mr. Sheriff,
and yet stayed and not filed by the clerk of the crown, one Sir [blank
in mss.] Coppyn; and therefore the matter was committed to certain committees
to examine the cause but not censure it, but to relate it to the House
and the House to determine of it and this to be done the next day in the
morning at nine of the clock by the committees, then to be opened to the
House and censured by the House.
Also it was then opened
to the House that Sir Thomas Sherley being elected a burgess for the Parliament
was after his election arrested in London, and for him it was determined
that a habeas corpus should be awarded to the sheriffs of London
to bring him the next day, and a serjeant at Arms sent for that serjeant
who arrested him and the party that caused him to be arrested.
Also, it was moved
that one Daniel Tasse, one of the guard at the door of the Upper House,
kept out ten burgesses and gave them ill words in calling them "good man
burgess" disgracefully, to the indignity of the Lower House wherein are
knights, gentlemen, and others of good sort and reckonings, burgesses assembled
by the King's commandment for the service of him and of the realm; and
therefore it was ordered by the House that a serjeant at arms should bring
him in the next day though some of the Privy Council moved to have it committed.
Then was read a bill
for the falsifying of recoveries against infants coming in either as tenants
or vouchees, and then the court arose.
[23 March 1603]
1. Friday the 23th of March
there was propounded to the House a speech by Sir Robert Wrothe, Knight,
to these several effects: first, that the book of Common Prayer might be
established and confirmed; 2, secondly that there might be some course
taken for wards and their lands by a payment and not by way of wardship;
3, thirdly against purveyors whom he termed the hellhounds of England;
4, fourthly against monopolies; 5. fifthly transportation of ordinance;
6, sixthly concerning the officers of the Exchequer; 7, seventhly, dispensation
of penal statutes. For which causes there was a commitment made to
several committees, gentlemen of good sort, to consider of these things
and to bring them to some heads, that by us might be drawn to relieve the
Next to this was moved
to the House by Sir Edward Montague that certain abuses might be reformed
and that the House would have consideration thereof for the good of the
subjects, which were these: the intolerable burden upon the subjects in
ecclesiastical and commissionary courts.
Then secondly the
suspension of ministers learned and grave being good pastors and preachers.
Thirdly the general ill providing to the subjects by converting of tillage
into pasture. These things also thus moved were committed to a grave
commitment [sic] to be considered of, how to be reduced to a good head
and a good provision for the general good of the kingdom.
Thirdly it was moved
by one Mr. Wentworth, a lawyer, that it might be examined by the House
whether there were any in the House that were there as members not warranted.
This being done then
the Clerk of the Crown, for the cause between the right honorable Sir John
Fortescue, Knight, Chancellor of the Duchy and of the Privy Council and
Sir Francis Goodwyn, Knight, was sent for and by the House examined what
returns he had from the sheriff of Buckinghamshire, touching the knights
of the shire, who brought in two writs and 2 indentures with two several
returns. By the first writ it appeared it bare teste xxxio
January, anno primo Jacobi Rex Anglie, etc., and upon that writ
was returned an election made 22 Februarii, as appeared by the indenture
of Sir Francis Goodwyn and Sir William Fleetwood, Knights; and upon the
return of the writ it appeared that Sir Francis Goodwyn was outlawed, so
that therefore it should be inferred that the election was not good; and
the writ of the Parliament was returnable 19 Marcii. Before
xixo Marcii the King awarded
another writ for an new election, reciting the first writ and the outlawry,
and that therefore they should proceed to a new election, which was done,
and the second writ dated before the xixth day of March, and by that second
writ Sir John Fortescue was elected and returned. And which of these
two Knights should be accepted to be the member of the House was the question.
That Sir Francis Goodwyn should be the member of the House it was spoken
by Sir William Fleetwood that the election of Sir Francis was good by law,
first, for that the election commanded by the writ was performed for, though
he were outlawed yet he was "idoneus", able to give good counsel and to
advise, and by the return the statute of 7 Henry lV was performed, which
was that the election should by the sheriff in pleno comitatu by
indenture. And that return by indenture should be good, so that then
there was a concluding positive law.
Then he alleged that
the return of the sheriff was void as to the oulawry and but a negation
[word unclear] and surplus, for by the writ he was but to make his election
in the full county. Which done and returned, the commandment of the
King was performed. And, further, the sheriff had not to do.
lt was also by the said Sir William Fleetwood alleged that the return of
the first writ was not returnable until the 19th of March, then to award
a second writ for election was void, for until the first writ here returnable
the second could take no effect.
And the first
was not discharged by the awarding of the second, neithe[r] could be discharged
but by a supersedeas and so inferred that the first elect[ion] was
good and ought not to be rejected.
And in fortifying
of this position many lawyers spoke and much to the same effect, and they
vouched a case in the Parliament 3 Eliz. Rne. of Fitzherbert outlawed
To encounter this,
it was alleged by some other lawyers that the first election was void and
by the words of the writ relying chiefly upon the word "idoneus", for that
a person outlawed could not in law be said "idoneus", for that he was out
of the law, and therefore not fit to be a law maker. Also it was
said that he could not use an action in his name and for his own use, neither
could he in law be a sufficient witness, neither a juror for a trial, nor
to serve as an indicter, also the words of Bracton were cited, de Utlagatis,
quod gerit capud lupinum, and so fitter to consume than to preserve,
and therefore not fit to be a member of that House. And those insertions
were seconded and followed, but not with so many for Sir John Fortescue
as for Sir Francis Goodwyn. Then the question was whether of them
were the member of the House, and the question was this: as many as would
say that Sir Francis Goodwyn should be the member of the House say "Yea",
and those that were of that mind that Sir John Fortescue was to be the
member of the House to say "No", and the voice of the Yea carried it to
Sir Francis Goodwyn, who was sworn and came into the House and took his
place, and the Clerk of the Crown commanded to file the writ whereby he
was returned Knight of the Shire.
Then the cause concerning
Daniel Tasse, of the guard, was brought in question, about his insolent
and proud speech in calling some of the burgesses "good man burgess."
He was brought in by the Serjeant at Arms to the bar and upon his knees
acknowledged his fault, desired pardon of the House, and it was granted
of the grace of the House upon a speech used by the King in his behalf,
and not for any good liking the House had of Daniel Tasse, who was a very
tall proper man.
Then it was moved
in the behalf of one Chubbe, who was a burgess and a collector for this
subsidy, a treasurer for the maimed soldiers, and something infirm in his
body, that his appearance might be excused and a writ awarded for a new
election in his place. And likewise that such as were returned for
2 places, notice should be taken what place they served and new writs for
new election to the other's place.
Afterwards it was
agreed that a habeas corpus should be awarded to the sheriffs of
London to bring the body of Sir Thomas Sherley upon Monday next, and the
Serjeant at Arms to bring in the serjeant who arrested him and the party
who caused him to be arrested that the cause might be censured by the Court.
[Margin] Saturday 24 March
Was moved an act concerning
apparel, that all former acts touching apparel might be revocated, and
order set down by the King's proclamation what apparel ought to be used
by every sort of people. And this bill was presently rejected by
the House as unfit to be retained.
Then was moved that
the act of 32 Henry 8, ca. [blank], for limitation of prescription might
be explained with some addition thereunto concerning rent charges and other
things out of the statute.
Then was moved to
have committees for abrogating laws unnecessary and retaining of laws necessary
for the commonwealth and common good for ordinary justice.
Then was moved: the
statutes against fugitives, to have it revived, and likewise the statute
of primo Eliz. for the safety of her majesty's person, that the
like might be for the king, these were moved by Mr. Serjeant Doddridge
and thought fit to come in by way of bill.
There was then moved
that the statutes, in primo Marie concerning riots, routs, and unlawful
assemblies might be revived, for that by primo Eliz. it was revived,
but during her Majesty's life and to th'end of the next Parliament after,
and for no longer time.
Next was complaint
made to the House of the abuse committed by certain pages upon a boy of
one of the burgesses for drawing or hailing him to the tavern for wine
and cakes taken at the house of one William Carter of Westm[inster], and
by laying the boy's cloak to pawn for 2s. 6d. for the wine and cakes.
The vintner and one Brian Ashton, his man, were brought to the bar and
the cause examined. The vintner said he was not at home, and his
man delivered to the custody of the Serjeant until Monday, then to be ordered
as the committees should seem good. And so the court, in regard the
sermon was begun and Saturday, being the twenty fourth of March, was the
day his Majesty began his reign and in the afternoon divers of the noblemen,
knights and gentlemen showed themselves to the King and ran at tilt in
the tiltyard at Whitehall.
[Margin] Monday 26 Marcii
A report of the committees touching
the wards was made by Mr. Bacon who spoke of sundry disputes touching wards,
and that pro and contra. First, it was moved by him how the King
might be answered, what contentment to that which was to be propounded
unto him: videlicet, an yearly rent or sum whatsoever, or in what manner
soever, in respect of the wardship, when it should happen. First,
if the King should except against the thing propounded that the like was
never offered to king in his state and government as King of England, beginning
at the erection of tenures and continuing to this day.
Then it was said that
his Majesty might be very well answered that the cause of scutage was only
invented to defend the King and this realm against the Scots, and now the
realms being conjoined in descent and blood to his Majesty and his heirs
the cause of the wards did cease, and so ought the effect which is the
wardship, livery, and primer seisen.
It was said by Sir
Thomas Heskett, Attorney of the Courts of Wards and Liveries, that certain
tenures were of the King by his grant to keep the castle of Dover and divers
other castles which were not given as the former, which were knights' services,
and demanded what should become of these. Answer was made by the
House that provision might be made as well for the one as the other.
Then was moved the
manner how to proceed in this action, for that if it were a matter of common
justice that ought to be by bill, but this, being a matter of grace, it
ought to be proceeded in to the King by way of petition, and that was the
opinion of the Lower House. And for most honorable way of proceeding
herein, the Lower House sent to the Lords the Upper House to desire a conference
touching this cause, which the Lords yielded unto.
And from them were
sent down in message to the Lower House, the Lord Chief Justice of England,
namely Sir John Popham, Mr. Justice Yelverton, and Doctor Swayle, who reported
to the House that the Lords were well contented to admit a conference,
and delivered the number of the Lords to be thirty, and the Lower House
appointed; their number three score to meet their Lordships the next morning
at nine of the clock in the Withdrawing House near to the Higher House.
Then likewise in that conference the lords willed by their messengers that
in that commitment speech might be had concerning purveyors for their abuses
to the subjects, and also the payment of respite of homage which was a
general charge to the subjects. Which was yielded unto by the Lower House,
and the Lords likewise offered to have conference at any time touching
of anything concerning the general good of the kingdom. After this
it was moved a relief of certain captains and officers to be had for their
service in Ireland, being Englishmen there maimed and there hurt, which
was committed to divers committees.
Also it was moved
that a declaration might be had generally what things are treason.
Likewise for grants
made to the King and by the King, what should and ought to be good and
what not, and that reasonable confirmation might be had thereof.
Then it was moved
that Justices of Peace upon bills of indictment might, upon an ignoramus
found, discharge the prisoner as justices of oyer and determiner, and to
convey them to the place where they dwell if they have dwellings, else
to the place where they were born as rogues according to the statute of
Fourth, it was moved
pro and contra touching a return made by the bailiffs and common council
of Shrewsbury concerning their burgesses. Mr. Sheriff would not accept
it, and the[y] certified it under the town seal, and for their election
by the bailiffs and common council the[y] vouched a particular act of parliament
in 23 H 8.
Moreover, there was
moved a particular act concerning clothiers in the county of Surrey, but
that received at this time interruption by the coming in of the Lord Chief
Justice and others.
Lastly was moved this
day the cause of Sir Thomas Sherley, who was attended by the sheriffs of
London and by them brought to the Parliament deferred to the next day,
then to be brought in upon a new habeas corpus.
[Margin] 27 Marcii Tuesday
Was moved by Sir George More,
an act for the relief of clothiers in Guilford, and that wool might be
stayed and not so generally transported, but that convenient might be kept
in the realm to set the subjects on work. And to that was added another
act to be made, that no cloth should be carried beyond the seas unbarbed,
unrowed, nor unshorn.
Next to this was Sir
Thomas Sherley brought to the bar upon a habeas corpus by the sheriffs
of London, being arrested in London, videlicet 15 Marcii last, where
he was elected a burgess in Sussex the 14th of February before, and upon
the habeas corpus was returned execucione patet in quadam scedula.
And by the scedula it appeared that he was arrested upon a [com]plaint
in London at the suit of one Simpson, of £3,000 then upon an execution
of £3,000, thirdly another [com]plaint of £3,000, another plaint
of £2,000, and fifthly and lastly a plaint of £300 which Sir
Thomas Sherley desired the privilege of the House, and whether he should
have the privilege or not was the first question. The second question
was, admitting he should have his privilege, then whether Simpson did lose
his execution and debt forever.
One Mr. Wynche, a
lawyer, said that it were good to advise whether he ought to have the privilege
or not, for that if he had the privilege it might be matter in doubt whether
the execution were gone, and the party without remedy. And to the
end he might have the privilege he took a diversity where he was discharged
by the act of the party. And where he was set at liberty by the act
of law for being discharged by the act of the party, the execution was
also discharged, but being privileged by the act in the law he was privileged
of the arrest and for the execution was but suspended and not merely determyned,
and by him it was said that this writ from the House was but a supersedeas
for the time of the Parliament.
Serjeant Hubbard said
that Sir Thomas ought to have privilege veinende et redeundo and
that the execution was suspended and not determined nor discharged for
Mr. Recorder of London
moved two points: first, whether the privilege were to be granted af[ter]
the execution; secondly, if the privilege were granted, then whether the
said Sir Thomas was discharged and likewise the sheriffs of London.
urged that conference might be had with the judges whether that by the
privilege granted the execution were not discharged, for he seemed in opinion
to bend to that side that the execution was discharged and then Simpson
lost his debt.
moved to know whether Simpson had notice or intelligence that the said
Sir Thomas was elected a burgess which, if he had, and then arrested him,
he said that then Sir Thomas ought to have his privilege and the debt discharged.
Bacon doubted whether
if he had privilege whether the debt was gone or not, and therefore wished
the House to suspend their judgment in regard of the execution, and to
proceed to censure the judgment against Simpson and Boucher, the creditors
who procured it and against Watkins the serjeant who arrested him.
Dyatt said that the
verbal information of Sir Thomas as to say that he was a burgess was not
sufficient to surcease the arrest, but the return of record and that the
arrest [2 words illegible] was the contempt and further said that the execution
was but suspended by authority of law, and yet if that authority did err
the execution was gone.
Serjeant Swigge prayed
that the court would be advised, and he cited this case: that if one were
indebted to divers and afterwards procured himself to be indicted of felony
and had his book that he is not discharged of the debt. Likewise
he said that if Sir Thomas procured himself extraordinarily to be a burgess
he ought not to have his privilege.
Yelverton, jr. said
that the provisionment was not yet ripe for the parties for that it was
yet questionable whether Sir Thomas was a member of the House or not.
The king's solicitor
said that there was not any book to warrant his enlargement and therefore
good to advise before any act done.
Heskett, the attorney
of the Court of Wards, moved that 12 lawyers of the House and 12 gentlemen
of the House might consider of this cause by a commitment and hear
the counsel on both sides, which was yielded, and the day Friday next,
the Inner temple hall, in the afternoon and the counsel on both sides to
attend the committees.
Next after was delivered
to the House by Mr. Bacon what had passed between the Lords of the higher
House and the committees of the Lower House touching a conference concerning
wards and the propositions which the lower house propounded for their griefs
were these. The things taken and seised in present, the marriages
of wards against their likings or else mighty sums of money for the same
hardly ever after to be recovered.
These former griefs
to be reduced into an yearly payment or yearly revenue. The King's
officer to be considered. An offer of themselves in time of service.
The manner to attain by way of petition.
Thus delivered, it
seemed, by the reporter that the Lords did entertain it as with a willingness
to join with the Lower House so that it might be done in modesty, plainness,
But afterward the
Lords sent a message to the Lower House by Sir Edward Coke, his majesty's
attorney, accompanied with three others, wishing of the Lower House that
there might be a conference between the Lords of the higher House and the
nether House, that the nether House might show cause why they had admitted
Sir Francis Goodwyn into the House as a member thereof and refused Sir
John Fortescue, the said Sir Francis Goodwyn being man outlawed at the
time of the election. And so by a second writ entered to the Sheriff
commanding him to proceed to a new election, which the Sheriff did, and
choice was made of new, and Sir John Fortescue elected by the second writ,
and returned, yet not admitted but rejected.
This message delivered,
Mr. Attorney and they who accompanied him went out of the Lower House to
the Withdrawing House until the House had considered of an answer.
And consideration had, the House said that the like had never been before
heard or seen that the[y] should deliver a reason unto the Lords why they
did it, but it was said by the House that they were judges in the
Parliament, though not judges of the law, and their judgment being past
it ought not to be called into question, so that then they were not minded
to yield to the Lords any reason what moved them to do it, yet in all humbleness
they would attend the king at his appointment and yield him their reasons
why they did it. And then Mr. Attorney and the others with him were
brought in again to the House and received an answer by the mouth
of Mr. Speaker to the effect aforesaid, and so departed. And at Mr.
Attorney's coming in, the House did not know that it was the King's pleasure
that the Lords should move the Lower House to the effect aforesaid.
But afterwards they did understand that it was the King's pleasure, and
therefore the House sent Sir John Stanhope and Sir John Herbert to the
King about the said cause, who returned not to the House. And after
three of the clock in the afternoon the House rose and met Sir John Stanhope
and Sir John Herbert who returned answer that it was his Majesty's
pleasure to have Mr. Speaker with threescore of the House to be before
his Majesty at Whitehall on Wednesday the next day following, by eight
of the clock in the morning; yet before the House did rise the said 27th
day of March there w[as] a read a bill touching the preservation
of manors and copyholds, also another bill for costs in physicians.
Another touching brewers
in London and the suburbs and within two miles of the same to be within
the survey of the brewers of London, and that no foreigner should be permitted
unless he was free. This bill was thrown out at the first reading
as not fit to be retained.
[Margin] 28 Marcii, Wednesday
Mr. Speaker and the Lower House
assembled early, and it was determined by the House which threescore of
the House should accompany Mr. Speaker to the King to deliver to his Majesty
the causes and reasons that moved the House to accept of Sir Francis Goodwyn
to be their member, and then to meet the next morning at the Lower House
[Margin] 29 Marcii, Thursday
A bill was read that the liberties
given to the Commons of this Kingdom by the ancient charter of Magna Carta
might be confirmed.
Then was moved by
Mr. Speaker that there had been delivered to him an information by one
Bryan Brydger, a minister, which Mr. Speaker termed rather to be a libel,
the effect whereof consisted of three points: (1) first, that all bishops
of this kingdom that urged men to subscribe to ceremonies of religion were
antichrists; (2) secondly, that all bishops that take upon them to rule
as justices in temporal causes are imitators of antichristi; (3) thirdly,
that the last year the Kingdom was infected with such like bishops.
The said Bryan was brought to the bar, though before that he came in it
was alleged he was not sound memory. Upon his coming in he was examined
by Mr. Speaker who writ that information. He answered, himself; he
was asked who was of counsel with him, and what were their names.
He said he might not tell that for that if he did he thought murder might
ensue. He answered every question to him propounded very substantially,
that no imperfection could be thought to be in him but that the information
was upon mature deliberation by the help and assistance of others.
He said he writ it in a Scrivener's House in Westminster and was prisoner
in the White Lion in Southwark. The scrivener and keeper of the Lion
were sent for to be examined before the committees. The cause with
him was that six of the House committees for that purpose should examine
him and that he should be sent to the Tower by warrant from the House.
After this and next
unto it the Speaker began to make relation to the House of his message
delivered by him from the House to the King, and of the answer of the King
and of the judges. First he alleged the motives of the House, secondly
precedents, thirdly judgments.
there was either one member too many or else one member wanting.
The causes that moved them was the King's right and the election by indenture,
and so satisfied and therefore the election good by the statute of 7 of
That the outlawries
against him were one of them in 31 Eliz. regina for 60£. at
the suit of one Johnson. The debt before the outlawry discharged
by Johnson as appeared by his acquittance. The second outlawry was
39 Eliz. regina, ad sect., Packer for 16£. which was also
satisfied as appeared by Packer's acquittance. Then he served in
39 Eliz. and in 43 Eliz. and admitted a member, and that now at his election
no outlawry was spoken of; and the outlawry was laid in London.
That this was not done of the House as merely of themselves without regard,
but by precedents: one in 39 H. 6, the like in anno primo Eliz. regina,
another in 23 Eliz. regina. Then one Fludd's case, and had
his privilege. ln 35 Eliz. regina the 3 precedents, one of
them Fitzherbert's case, the second one Killigrew's case against whom there
were fifty-two outlawries. The third, Sir Walter Harecourt's case,
against who there was 18 outlawries.
the statute of 7 H. 4, fully performed by the election and return.
Then that the sheriff's return as to the outlawry was negation [word unclear]
and surplus. Then that the second writ was without warrant, the first not
discharged by surplus. Then the statute of 31 Eliz. regina,
that if there were no writ of proclamation into the shire where the party
dwelt the outlawry should be void. Then the two general pardons,
the one in 39 Eliz. regina, the other in 43 Eliz. regina.
Then that the outlawry in 31 Eliz. regina was Goodwyn, ar[miger],
in 39 Eliz. regina was Francis Goodwyn, generosus. Whether
this in law should be intended the same man.
The answer of his
Majesty was delivered by Mr. Speaker to be full of grace and favor, wit
and wisdom, that he could not so amply deliver it as his Majesty had done
and desired pardon therein, yet to the best of his remembrance he would
so near as he could make report of it.
First his Majesty
began, saying that he should be very loath to alter his former term of
love in so high a degree to any of his subjects bringing it now into any
contestation, finding in them no dislike of loyalty but only for mistaking
the law, saying further, nay, he must say as God said, though he punished
the Israelites yet he loved them. Alleging that that he did was by his
Council and judges, and that the House had done rashly without calling
his Council thereunto, or the judges. For by the election his Majesty
said that an ancient councillor of estate, not of his bringing in but such
as he found had been a councilor long before and by him approved and allowed,
was disgraced and yet indifferent to his Majesty which of them had served,
regard having been had that none should have been [illegible]. And whether
he were capable of that place, his matter desired for matter of law the
advise of his Council and of the judges, and thereupon their opinions were
that he was not capable, and so his Majesty awarded the new writ.
To that, that the
said Sir Francis had served twice since, to that, his Majesty's answer
was, that his offense was the greater for that he was not outlawed for
the debt but for his contempt against the law. Also his Majesty said that
Sir Francis was out of the protection of the law which was dishonorable,
and then no reason why such an honorable House should have a dishonorable
member. And as to the privileges that came to the House, his Majesty said
that they came from the Crown, and so admitted the House wherein the time
they came in was to be respected, as whether the time of an infant or of
a tyrant or usurper.
Then the last point
consisting of law his Majesty willed might be delivered by the judges,
and for that cause the judges made election of the Lord Chief Justice of
England to be the mouth of them all.
Which Lord Chief Justice
was charged by the King upon his loyalty to him and [oa]th of a judge to
deliver the law for his opinion and the others, whose answer was that he
would do it willingly and according to the law.
Then first he began
with the writ that was first awarded and the return thereof, alleging that
the House had not to meddle with the return for the return was made to
his Majesty into his court of Chancery. Then no man had to do with
the return but the King, to whom it was returned.
Next, he raid that
the opinion delivered by the said Lord Chief Justice for him and the other
judges war that the return of the sheriff was sufficient to reject Sir
Also the said Lord
Chief Justice cited a case in 35 Henry 6, that one outlawed was refused
to be a member of the Parliament.
Also he cited the
book of 1 Henry 7, where divers in the time of the Parliament of R. 3,
who were withdrawn from the House until a bill was made to restore them,
and they were restored, and then came in and so was the record. Further,
that the resolution of the judges in 35 Eliz. regina among them
was that a person outlawed was not "idoneus." And touching the two general
pardons in 39 and 43 Eliz. regina, that by law he still stood a
person outlawed against all men until he had sued his scire facias
against the party in the actions.
And by the statute
of 1 H. 4 he granted the statute to be so, and that yet by another statute
he should have forfeited one hundred pounds if he knew him to be outlawed
and did not return him outlawed.
Then the King demanded
how it should be known Sir Francis to be the man outlawed. It was
answered, by the return of the sheriff to be comendem franiscum.
The King also asked
whether it were not void for want of a proclamation.
It was answered that
that must be by judgment of the Court declaratory and not otherwise void.
Then it was said by
the King that he heard say that some other judge or judges were of that
opinion that the outlawry was void by the two general pardons and it was
Mr. Justice Williams who answered and said that he did hold that opinion
formerly, but having better deliberated upon the matter upon the view of
his books and consideration of the said pardons, was of the mind of my
Lord Chief Justice and the other judges.
And upon this hearing
and deliberation the King required four things to be considered: some course,
a resolution, a conference and upon the conference to deliver their opinion
to the lords of his Council, and so at that time no more of that.
Then afterwards there
came a message from the higher House to Lower House by the Lord thief Justice,
Mr. Baron Clerk, Mr. Justice Fenner, Sir John Croke and Mr. Attorney General,
which was a most joyful bill of recognition of the succession of the crown
to be in the King's Majesty by right and descent of inheritance,
which bill was thrice read that day.
message from the Upper House to the lower house by Mr. Doctor Carewe and
Mr. Doctor Stanhope.
A bill of restitution
in blood of the Eal of Southampon, another for three of the children of
the Earl of Essex, another for the restoring in blood of the Earl of Arundel.
[Margin:] Friday 30 Marcii
One Mr. Johnson made a motion
alehouse keepers to be deprived, upon disorder by them to be committed
and afterwards never to be admitted.
Next to this Sir Robert
Wingfield entered into discourse of the reasons of the House delivered
to the King why they retained Sir Francis Goodwyn and disallowed of sir
John Fortescue and delivered his mind that the House had first considered
of the return, then advised, and after resolved, and the judgment given,
which he thought might not nor ought not to be altered, and the matter
thus having been handled no reason now to impugn it. And though that
the judges were judges of the law, yet they were judges of the Parliament.
Further, he said that it was childish to conclude one day and revoke the
same another day, and how farre this and how far this trenched and wrought
into the privilege of the House he wished every good member thereof to
have some consideration of the future time as well as of the present; and
alleged further that it should be dishonorable that law books should be
printed and delivered one way, and the roll to be another way; and that
it was as dangerous that men might not be assured of the law as it is delivered
out in books in print, but that the construction thereof should merely
depend or rest in the heart of the judge; and as though it should be as
it should please him to expound, and therefore was not of that opinion
to have any conference with the judges, but to resolve what answer to make
to the privy council to satisfy the King.
Sir George Moore said
that he thought a conference fit to be had. It could not do any hurt, but
good might ensue and used in his speech that it was more safe to go after
than afore to break the ice, and as the former thought not fit he was of
[Ma:rgin] Sir Francis Bacon
He thought it fit a conference
upon two points, one for the satisfaction of the King, the other for the
privileges of the House whereby either might be well performed and the
King fully satisfied.
[Margin] Sir John Mallory
Against any conference
respecting it was a thing done already not to be reversed respecting the
ancient privileges of the House; and the advised course and resolution
of [blank] the House had formerly taken.
[Margin] Sir Francis More
Respect chiefly to be
had how far we were driven into, and therefore substance of the matter
chiefly to be considered of, the other no great matters. The substance
by him seemed to be the return of the first writ, the other the outlawry.
For the return it was not until the first day of the Parliament.
Secondly, the outlawry, and the like precedent had been allowed.
A conference with the judges he thought fit.
[Margin] Mr. Martin
That a commitment might
be, whether this house may take notice of the return before the House be
fully set. Then whether the person outlawed may be received, and
therefore cited the book that he might be an executor for the good of another,
and so a good member by that reason. Thirdly, the teste of the second
writ before the first writ returnable.
[Margin] Mr. Yelverton
Thought fit neither to
have commitment nor conference for if there were it showed both levity,
cruelty and cowardness. Levity: too much this day a member, tomorrow
none. Cruelty to take away any perfect member, as the hand to tear
the flesh were cruelty. Cowardness in leaving to persevere in any
such good act which yielded unto were the Hay to have a quo warranto
brought for the rest. Further he said that the return ought not to
be before the day, for then all the knights and burgesses' [writs] were
in the petty bag until that day, and then upon suggestions new writs, and
then when will the court come to perfectness, many other insertions he
used. Neither to have commitment nor conference.
[Margin] Mr. Thomas Crew
Thought fit that the judgment
ought not to be reversed neither could it, being done. And first
he alleged the matter was performed which was the King's commandment by
the writ. The other matter was the person outlawed for the contempt,
which contempt was pardoned as to the King, for the contempt was to the
King for his non-appearance. He incited much upon the awarding of
the second writ before the day of the return of the first, and so was against
any conference with the judges, but wished a consideration had of the matter
to be delivered to the lords of the Council for the satisfaction of the
[Margin] Mr. Dyott
First, a full resolution
of this court; if not, then a conference of this House for resolution and
then to deliver the resolution to the lords of the Privy Council.
[Margin] Sir Francis Hastings
Said that he should be
sorry to have it termed to be any difference between the King and this
house, yet hold it fit to speak with the judges.
[Margin] Headly, lawyer
He said that the question
was merely upon the return and who should confer and judge of the return.
[Margin] Sir Robert Wroth
Said that he was sorry
that any such bone should be thrown into the House and was of that opinion
that no speech should be had with the judges.
[Margin] Mr. Hext
That it was fit that speech
might be had with the judges.
[Margin] Sir Edward Holy
Repeated his Majesty's
words to confer what to resolve, and if we did resolve then not to go to
the judges but to acquaint his Majesty's council with it.
[Margin] Sir Francis Barrington
To have the House to resolve
and then to determine of some answer to be made to his Majesty's Council.
[Margin] Mr. Wiseman
When we be resolved then
to give the resolution the lords of the Council.
[Margin] Mr. Lawrence Hyde
No conference with the
judges, but to determine of a resolution and to give the same to the lords
of the Council in writing.
[Margin] Mr. Fuller
Fit to be a conference
with the judges.
[Margin] Mr. Recorder of London
No conference with the
judges, but to determine and resolve and therewith to acquaint the lords
of his majesty's Council.
And thereafters the question
was propounded to the House, and the House did determine and resolve that
the judgment given could not be altered, and appointed a commitment [sic]
whereof the gentlemen that before had spoken were committees, and ten more
added unto them to consult of the resolution for the answer to the lords
of the Council., This day, in the afternoon, to meet in the Exchequer Chamber
and the next morning to relate to the House that the House may give their
[Margin] 31 Marcii Saturday
Was read a bill concerning the
restitution of the Earl of Southampton. Next a bill for the restitution
of Robert, son of the late Earl of Essex, and of Frances and Dorothy, daughters
of the late Earl of Essex, their father. Also an act for the restitution
of Thomas Howard, the only child of Philip, late Earl of Arundel, his father,
to the earldom of Arundel and Surrey. Also an act for the exchange
of certain lands, rejected at the first reading. An act to disable
from henceforth any person from being a member of the House, being outlawed
or in execution the first day of the Parliament. An act against transporting
wool and clothes unwrought beyond the seas thereby to set poor men on work.
Four several bills
concerning ale houses. An act against purveyors and cart takers.
An act for the naturalizing of Margaret, Countess of Nottingham and of
her children and to [blank] her to have dower. An act for the true
making of hats. An act for the taking away of clergy from hem that
[Margin] Secundo die Aprilis
An act against the purveyors.
An act for the restraining of frivolous actions. An act concerning
extortion. An act for the better execution of penal laws. An
act against pluralities of benefices. An act to take away clergy
from stealers of cattle and sheep. An act for the relief of prisoners.
An act for the continuance of the making of caps. An act concerning
laborers. An act concerning tanning of leather.
[Margin] Tertio Aprilis
An act concerning process and
pleading in the Exchequer. A proviso to the bill of the naturalizing of
the Countess of Nottingham. An act against depopulation, and restraining
of enclosures, and converting of tillage into pasture. An act for
the preservation of records of leets and of court barons, cast out of the
Griffin Payne, a burgess
of the borough of Wallingford in Berkshire, who was mayor of the town,
in the act against purveyors used a speech for their defense, for that
he was a purveyor, and in the end of his speech he taxed the whole House
in dealing very hardly, first in dishonoring of the King, secondly in disgrace
against the Council, thirdly in disgrace of the judges, lastly that the
House went about to hang some of his servants. And therefore he was brought
to the bar to answer his misdemeanors against the House. 1. To the
first point, in that the King by a second writ had commanded a new election,
and by the second election Sir John Fortescue was rejected and Sir Francis
Goodwyn received, so the King thereby dishonored. 2..Secondly, he
said that in regard Sir John Fortescue had not the place, therefore he
being of the honorable Privy Council was disgraced. Thirdly, for that the
judges had delivered their opinions that the law was that one outlawed
was not capable of the place and that the House had given him admittance,
therefore he thought the judges disgraced. 4. Fourthly, he confessed
rashness in saying that the House went about to hang some of his servants
in that he did see the vehemency of the House against purveyors.
After his answer given, he war taken from the bar by the serjeant at arms.
Being withdrawn, the House consulted and did determine that if he stood
upon his defense, then to censure him in the discretion of our Speaker,
which we would ratify, and if he confessed his faults, then the House would
show mercy. Being brought in again to the bar by the serjeant he
acknowledged his faults in all the propositions against him and had mercy;
and yet because the principal officer of the town, he was censured to be
sequestered from the House, and yet his allegation to the contrary was
that the foot might as well choose the head as the head the foot; but he
still standeth sequestered, and the opinion of the greatest sort in the
House was that he might not be returned; yet regarding it might concern
divers other members in the House, there is no judgment set down but a
sequestration of him.
After this then was
entered into speech, the great matter concerning the House and the members
thereof, now brought into question in the cause between Sir John Fortescue
and Sir Francis Goodwyn, wherein were divers gentlemen that spake boldly
and confidently, wherein were touched whether according to the King's speech,
the House had power to examine the return of knight[s] and burgesses.
Then his Majesty's speech that the House had done it by too much precipitation.
Then in admitting of outlaws, fourthly the return of the sheriff [torn]
[Good]wyn fuit utlagatur, etc. Every of these points were
disputed in the House, and the House resolved of their determination to
the answer of the King, which for that if it were by verbal delivery there
might be misprison, and therefore upon many consults in the end to the
great hindrance of other great business, it was set down in writing, and
this third day of April delivered to the lords of the Council as the resolution
of the Lower House; and all the circumstances that induced them to admit
Sir Francis Goodwyn and to refuse Sir John Fortescue. And the messenger
from the House was Sir Francis Bacon with fourscore knights and gentlemen.
The matter of writing is entered of record, and is extant to be had for
Next to this was read
a bill of restitution in blood of Sir Thomas Lucas, Knight, for murdering
and killing of Sir William Brooke. Then an act for the restitution
of William Pagett, Esquire, the only son of Thomas, late Lord Pagett.
[Margin] Quarto Aprilis
An act against the transportation
of any ordnance and gun metal and shot from ordnance from mine and from
ore. Then an act against transporting of clothes unwrought. An act
for apparel, against wearing of cloth of silver and of gold and gold lace,
and of lace mixed of gold and silver. Then an act concerning recusancy
and the debt thereby growing to the King upon the statutes of 23 and 29
[Margin] 5 Aprilis
Mr. Speaker came to the House
after nine of the clock and there was a second time read a bill concerning
extortion, which done Mr. Speaker propounded 2 things. One, his absence
so long, which was by way of his Majesty's commandment to attend; the other,
a message from the King. The message was, to my remembrance, that
his Majesty said he had received a parchment by the Lords of his seasonable
counsel, sent as a [two words illegible] whether as a resolution of the
house or, as reasons er motives for a conference which things he could
not tell. And Mr. Speaker first delivered, as I took it, that the
King did not protest only as by the word of a King but of his faith to
God that he meant not any abridgement of any privilege, and so likewise
would not that the House should detract anything from him, and therefore
willed that a conference might be had between the judges and the Lower
House in the afternoon at Whitehall before the Lords of the Council at
three of the clock. And for that occasion the House appointed 30
lawyers and gentlemen to meet there.
[Margin] 6 Aprilis
And this day I heard his Majesty
was at the hearing of the case and hath attended it and ordered that a
new election shall be out, neither of them to have the place.