Diarium.
Sessio Prima.

The Diarium is included in the printed version of the Journal of the House of Commons. See Great Britain. Parliament. House of Commons. Journals1 (1547-1628): 933-945. Selections below refer primarily to the Goodwin-Fortescue case. Items in [brackets] are not in the original; items in {curly} brackets are in the original.

[933] Martis, 19° Die Martii, 1603

                                        great
The first Parliament of the High, and Mighty, Most Excellent Prince, our most gracious and dread Sovereign, James, of that Name the First, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. begun at Westminster, upon Monday, the 19th Day of March, in the Year of his Reign, of England, France, and Ireland, the First, and of Scotland, the 37th, 1603.

 The same Day his Majesty, apparelled in his Parliament Robes, accompanied with Prince Henry, his eldest Son, and Heir apparent to the imperial Crown of this Realm, and attended with his Nobility, Officers, and Servants, in scarlet Robes, passed from his Palace at Whytehall, to the Abby at Westminster; where he staid to hear a Sermon, made before him by the Bishop of Durham: In which mean time, the Earl of Nottingham, Lord High Admiral of England, . . . for that Time, repaired into a spacious Room at the Foot of Westminster Hall, commonly called the White Hall, or Court of Requests; where his Lordship, being attended by Sir George Coppin, Knight, the Clerk of the Crown, and the Clerk of the Commons House of Parliament, commanded a Crier to pronounce all with a Crier {sic}, and such Names of the Commons, there assembled, as were returned, to be called; and thereupon ministered the Oath of Supremacy . . . . and the first Day about 300 were sworn, and took their Place in the House, and there together attended some Notice to be given to his Majesty, of his Pleasure, that the Commons should come into the Higher House, to pray Leave to chuse a Speaker; which was much neglected, to the great Dislike and Discontentment of the Commons, and differing from former Custom; the King pronouncing his Oration, before there was any Notice given; and then it appeared, that about 50 of the Commons were attendant upon the King; whereof Sir John Stanhope, his Majesty’s Vice-chamberlain, were Two.

. . . . . . . . .

         {Delivered by Mr. Secretary Herbert} The Points, the King touched; That he is most thankful for the peaceable, loving, and kind Acceptance of the People, which he would never forget. – Peace at Home, and Peace abroad: A full Conclusion of the Controversy, touching the Title; so as there now rested no Doubt at all.--
        That his Majesty was of the same Religion, that we were: That he acknowledged no Power besides: That yet, for Matter of Discipline, he must respect Antiquity; and in that he would willingly yield:
        He further delivered, that it was his Majesty’s Pleasure, that the Commons should dispose themselves to the Choice of a Speaker; and, for his Part, he commended Sir Edward Phillips, and thought him the most fit.
         Some others of the House named Sir Ewd. Hobby; but, upon the Question, Sir Edw. Phillips, by the Voice of the House, was chosen; and he, rising up, used a long and eloquent Speech, to disable himself; . . . .
         After Mr. Speaker had disabled himself, no Man did rise up, to speak, and to enable him, or to commend him to the Allowance and Choice of the House; so as the House suddenly proceeded by Scrutiny of Voices; which hath not been seen before, without some precedent Speech for his Enabling.
 


Jovis, 22° Die Martii, 1603

This Day Mr. Speaker, with sundry of the Burgesses, taking Place in the Lower House, did there attend, until they were sent for by the King. But where all former Speakers have used to retire themselves in the Committee Chamber within the Lower House (now being also made ready for him) he refused, as one very confident in his excellent Memory, for which the World doth much admire him, neglected to do it; but sat still in his Place, until the Message came from the Higher House, for the Burgesses to attend him thither.
         About Two of the Clock in the Afternoon his Majesty came to the Higher House of Parliament, and, after [933/934]  some half Hour of his Repose there, ascended his royal Throne, and sent for the Lower House.
         A great Number sitting in the House, but not all the Burgesses, and sundry other of the House being intruded into the Higher House before-hand; it was moved by Mr. Speaker, that those might be sent for, to attend here with the rest; and that all Burgesses, in the Higher House, might be commanded to avoid the House; so as ther might be freer Access for such of the House, as . . .
         Sir Wm. Fleetwood's Motion.
         Sir Francis Goodwin, returned Knight for Buckinghamshire, disabled by an Outlawry.  Sir John Fortescue afterwards returned.
        The Clerk of the Crown to be brought into the House Tomorrow: To bring the Writ, returned, with him.
         Sir Fr. Goodwyn likewise to attend the House, and to render his Reasons.
         Mr. Serjeant is commanded to attend this former Order.

. . . . . . . .

        Sir Geo. Moore:– That a Committee be appointed, for Returns and Privileges.–

Veneris, 23° Martii, 1603

. . . . . . . . .

Sir Rob. Wroth’s Motion.---
         All the Privy Council, being Members of this House, the Lord Burckhurst, Sir Robert Wroth, Lord Clynton, Sir Henry Nevill, Sir Fr. Bacon, Mr. Solicitor, Sir Geo. Moore, Mr. Fr. Moore, Sir Edw. Hobby, Mr. Nath. Bacon, Sir Edw. Stafford, Sir Herbert Crofts, Sir Jo. Hollice, Sir Hugh Beeston, Sir Fr. Hastings, Mr. Wentworth, Mr. Hitcham, Sir Tho. Crompton, Sir Edw. Mountague, Mr. Recorder of London, Sir Tho. Holcroft, D. James, D. Dun, Sir Henry Goodyeare, Sir Edw.Herbert, Sir Robert Wingfield, Serjeant Dodridge, Sir Henry Billingsley, Sir Robert Mansfield, Sir Fr. Knolles, Sir Fr. Popham, Sir Rich. Verney, Sir Wm. Wray, Sir Rich. Luson, Mr. Fuller, Serjeant Tanfield, Mr. Lawrence Hyde, Sir Edw. Lewknor, Sir Peter Manwood, Sir Nich. Saunders, Sir Roger Aston, Sir Edwyn Sandys, Mr. John Hare, Sir Jerome Bowes, Sir Henry Bromley, Sir John Scott, Sir Edw. Herbert, Sir Edw. Grevill, Sir Jo. Luson:– To meet this Afternoon, in the Chequer Chamber.

. . . . . . . .

         Sir Geo. Coppin, Clerk of the Crown, brought into the House by the Serjeant, and with him all the Returns for Buckinghamshire.
         Sir Fr. Bacon, Mr. Wentworth, Mr. Martin, Serjeant Snig, Sir Robert Wroth, Mr. Fr. Moore, Sir H. Mountague, Sir Wm. Fleetwood, Mr. Fuller, did much dispute the Return of Sir John Fortescue, and Sir Francis Goodwyn: And being put to Question, whether Sir Fr. were lawfully returned, and ought to be received as a Member of this House, it was resolved, that the Return was good; and Sir Fr. was ordered to be sworn, and to take his Place; and Sir George Coppin commanded to file the first Writ.

. . . . . [934]

[no entries on the G-F case for the 24th and the 26th]
 
 

Martis, 27° Die Martii, 1604

. . . . . . . .

        [937] Sir Francis Bacon, from the Conference between the Lords and the Lower House.--Meerly a Relator.---

. . . . . . . .

        Another Thing moved by One of the Lords, which Sir Fr. doth report, not delivered as a Message.
         Three Points:  His Affection to the House:  His good wishes unto it:  The King's Benefits.---
         The Peace:  The Latitude and Prospect of that Peace.--
         The King born for us.  A People may be without a King:  No King not without a People.---
         Correspondence:--
         1. In Modesty.--Our Desires limited.
         2. Plainness:--Naked Truth.
        . . . Orders, the Band and Ornament of all Societies.--
        That Lord remembered Sir Fr. Goodwyn's Case, as a Thing he heard at large.  He desired to know it from the House.  They said they had no Authority to treat of that.---
         The Conferrers to meet this Afternoon about that Matter.

. . . . . . .

         Mr. Attorney General and Mr. D. Hone bring a Message from the Lords; with what Acceptation they took the Motion Yesterday, not only for the Matter, being of Weight, but for the Manner. Touching Wardship; {sic} as Matters of Wrong, but of Grief; by Grace, not by Justice. Lords propounded Respite of Homage.--As they are zealous of the Furtherance, so they are jealous of any Impediment: They desire, that the former Committees may have Authority to treat of the Matter of Sir Fr. Goodwyn first of all
         Mr...--Not to give Account to the Lords, but to the King; and Mr. Speaker, for that Purpose, to have Access.--
         The King offering a Liberty, by his Proclamation; take heed lest we cross him, in bringing ourselves into Bondage.--
         The Judgment, touching Sir Fr. Goodwyn, cannot, nor ought not, to be reversed by us.--
         27 Eliz. a Bill brought from the Lords, and here rejected. The Lords demand a Reason:  The House refuseth it.
         Resolved, upon the Question, That no Conference shall be had with the Lords, touching the Matter of Sir Francis Goodwyn.
         The Answer of this to be sent by some Committees.
         The Commission to the Committees: The House doth conceive, that it doth not stand with the Honour and Order of the House: If they have a Purpose to confer for the Residue, that then they will be ready.

. . . . . . . .

        Upon the Message, sent to the Lords, touching Sir Fr. Goodwyn, Mr. Secretary Herbert returned, that the Lords would presently send down, to let the House know what they conceive.
         Mr. Attorney-general, Mr. D. Hone, Mr. D. Carewe, Mr. Tyndall, bring a Message from the Lords; That his Majesty having Notice of this particular Matter by the Return of the Sheriff, his Majesty thinketh himself touched in Honor, that this House would have some Conference, touching that Matter of Buckinghamshyre particularly. That it was his Majesty’s Pleasure to Desire such a Conference.
         Hereupon the House conceiving this to be an extraordinary Course, and the Time being somewhat spent, they appointed to meet the next Morning at Six a Clock, to consider, what were the fittest to be done in this Case.


Mercurii, 28° Martii,  1604

         Mr. Speaker, with a great Number of Burgesses, did assemble in the House at Six a Clock in the Morning, with a Purpose to treat of something to be delivered that Morning, at Eight a Clock, to the King, touching the Reasons of their Proceeding in Sir Francis Goodwyn's Cause.

. . . . . .

         All the Privy Council of this House, Sir Geo. Carewe, Sir Francis Bacon, Serjeant Tanfield, Serjeant Dodridge, Sir Henry Mountague, Serjeant Hubbard, Serjeant Lee, Mr. Fuller, Mr Hyde, Mr. Francis Moore, Mr. Winch, Mr. Tate, Mr. Rich Martin, Serjeant Shirley, Sir Jo. Heigham, Sir Robert Oxenbridge, Sir Wm. Fleetwood, Sir Edwyn Sandys, Sir Robert Wroth, Sir Francis Hastings, Sir Geo. Moore, Sir Edw. Hobby, Sir Robert Wingfield, Sir Maurice Berkley, Sir Edw. Tyrrel, Sir Wm. Killigrew, Mr. Francis Clifford, Sir Francis Popham, Sir Jo. Savill, Sir Jo. Luson, Sir Tho. Waller, Sir Wm  Lowre, Sir Nath. [937/938]  Bacon, Sir Rich. Verney, Sir Geo. Vane, Mr. Toby Matthewe, Sir Tho. Ridgeway, Mr. Edw. Seymor, Sir Jonathan Trelawney, Sir Edw. Denny, Sir Geo. Fleetwood, Sir John Scott, Sir Herbert Crofts, Sir James Scudamore, Sir Jerome Horsey, Sir Edw. Ratcliffe, Sir Francis Vane, Sir Tho. Holcroft, Sir Antho. Rouse, Sir Henry Nevill, Sir Edw. Mountague, Sir Tho. Denton, Sir Tho. Walsingham, Sir Francis Barrinton, Sir Robert Nappier, Sir Valentyne Knightley, Sir Geo. Carewe, Master of the Chancery, Sir Nich. Halswell, Sir Jo. Thynne, Sir Tho. Freak, Sir Jerome Bowes, Sir Ed. Herbert, Sir Tho. Hobby, Sir Wm. Burlacy, Sir Rob. Moore, Sir Nich. Saunders, Mr. Dudley Carleton.---
         Mr. Speaker, together with these Committees, is, this Day, at Eight a Clock in the Morning, appointed to attend his Majesty and to relate the Reasons of the Proceedings of the House, in Sir Francis Goodwyn's Case; wherein, upon Answer, or Reply, such Lawyers, as be of the Committee, are to assist Mr. Speaker.


Jovis, 29° Martii, 1604

. . . . . . . .

         Mr. Speaker relateth to the House his Majesty's Answer, touching the Matter of Sir Francis Goodwyn.  He excuseth himself, that he did not make the House acquainted with, before he did deliver it.--
         1.  The Manner, and Matter.  2.  Precedents.  3.  The Body of the Law for Election.
         The first Writ dated ultimo Januarii, for Summons.--Free Liberty in the full County.--Indenture of Return.--The Election, and Return, being due; the first Election good, and the second void.--
         The first Utlawry, 60 £ at the Suit of Johnson, 31 Eliz. proceeded in the Hustings:  Hacker's second Utlawry, 39 Eliz. 16 £.  --Had served as a Member of this House, 39, 43, Eliz.-- The Utlawry remained in the Hustings; and the Law could not take Notice of it, neither was it pleadable.--
         39 H.VI.--1° Eliz. Smyth outlawed, and privileged.
         23 Eliz. Vaughan utlawed, and upon the Question, privileged. Upon the Division, carried by Six Difference.
         35 Eliz. Three Precedents:  Fitzherbert: not judged, but Opinions delivered:  Mr. Killigrew, having 52 Utlawries against him, yet admitted in the House:  Sir Walter Harcourt, 18 times utlawed, yet admitted.--
         3. The Manner of the Election limited by the Statute.--
         No Matter of Utlawry against Sir Francis Goodwyn, 31 Eliz.-- Wheresoever a Man shall be sued, that Proclamation ought to go into the Country, where the Party dwelleth: or else the Utlawry not good.--
         39 Eliz. 43 Eliz. the general Pardon is good for Outlawries against all, saving the Party, at whose Suit &c.--
         Francis Goodwyn, Ar. Franc. Goodwyn, Gen. Fr. Goodwyn, Mil. The Sheriff could take no Notice, it was the same Man.
         The King's Answer:
         He was loth, he should be forced to alter his Tune:  He should turn it into Matter of Grief, by Way of Contestation.  He did sample to the People of Israel.--
         He did not attribute the Cause of his Grief to any Purpose to offend him, but only to a Mistaking of the Law.--
         For Matters in Fact, he answered all.--That a Counsellor, not brought in by himself; and therefore no special Affection.  The King indifferent, who were chosen.--
         That he had no Purpose to impeach any Privilege.  That we had all Matters of Privilege from him, and therefore not to be turned against him.--
         No Precedent in this Point fully.  Precedents, in the Time of Minors, of Tyrants, of Women, of simple Kings, not to be credited; because for some private Ends.--
         By the Law, this House not to deal with Returns; being returned into the Chancery.  All Returns to be corrected, or reformed, by that Court only, to which they are returned.---
         35.H.VI.  Resolution of all the Judges, that Matter of Utlawry was Cause of Rejection of any Member out of this House.  The Judges resolved now, that Sir Francis Goodwyn was utlawed.--
         The King's Charge:  1. To report the Course taken:  To resolve amongst yourselves:  to confer with the Judges:  To report unto the Council.
         This Matter to be the first Cause moved and resolved Tomorrow.

. . . . . . .

[939] Veneris, 30° Martii, 1604

. . . . . . .

        Sir Robert Wingfield moveth, touching the Matter of Difference between the King and the Lower House; being the first Day---
         Be seduced by ill Counsel--
         A Piece of Parchment put in, without the Privity of the Sheriff.
         The King hath many Misinformers:  And I pray God cut them off.---
         The Case of Sir Francis Goodwin and Sir John Fortescue become the Case of the whole Kingdom.---
         The Parliament a Court of Record.
         Be it never so displeasing, let us join Hand in Hand to seek the Privilege of this House.---
         Whom it shall please the King, and the Council, shall be chosen: The free Election of the Country taken away.--
         With Fortitude, Understanding, and Sincerity, to maintain the Privileges.--
         Neither in the Manner of our Proceeding, nor in the Manner of Sir Francis Goodwyn's Proceeding, is any Offence, in his Conscience.--
         No Matter of Contempt, but merely a Maintenance of Privileges.--
         Old Lawyers forget, and commonly they interpret the Law according to the Time.--
         If Law be, as they interpret, in what woful Case we be!--
         If our Printing be false, if our Books be false, then Woe be unto us!
         Sir Geo. Moore first entereth into the Commandation of Sir Rob. Wingfield.
         Matter of Difference between the King and this House.--
         A Law made, that never outlawed Man should . . . his Face here again.--
         The Difference:  Some unrespectful Carriage towards his Majesty.
         The Proceeding of this House dutiful and careful towards the King.--
         Not as though they were to reverse our Errors, but that we might be better informed.--
         A Course to be taken for the Satisfaction of the King.--
        The King's Project; that we should advise amongst ourselves; that we should confer with the Judges, not as Parliament Men, but as Counsellors.
         That we should let the King see, that we take to heart this Matter.--
         Our Affections much appearing, in the Passing, and present Expediting, of the Bill of Recognition, &c.--
         Now not the Case of Sir Jo. and Fr. to be considered, but the Case between the King and us.---
         Consider the Consequence, if this Difference and this Pique be bruited in the Country abroad, or beyond the Seas.--
         Making an humble Petition, that we may Leave to make a Law for the Banishing of all Outlaws hereafter from the Parliament; and desire that we may hereafter hold all Privileges.
         Sir Fr. Bacon:--That we ought not to contest with the King. That it is fit to have a Conference.  That, by this Course, we shall lose no Privilege, but gain.--
         The Matters of the Conference, Two:  1. Satisfaction of the King:  2. Putting in Certainty our Privileges.--
         All is not said, that might be said.--Not to dispute with one, that is Governor of Thirty Legions.--Confitendum est, ne frustra interrogasset.---
         Plainly and freely to deal with the Lords, and to let them know all the Reasons.  They were jealous of the Honour of a Privy Counsellor, we of the Freedom of Election.--
         It is fit, that great Men maintain their Prerogative, &c. So is it, that we maintain our Privileges.--
         This a Court of Record.  If a Burgess be chosen for Two Places, a Warrant from the Speaker, to the Clerk of the Crown, for a new Writ: Which proves, that it is a Court of Record.-- A Clerk; a Rigister; Things entered of Record, and preserved.---
         As they did for the Honour of Counsellor, so we for the Privileges.
         That we may have a Law, to declare our Privileges:  To declare, that we have a Court of Record, and a Register.---
         We are half of a Body, but the Lords are the Parts nearest the Head.--
         Nothing ascends to the Head, but by the Breasts, &c.--
         Whether we may examine Returns, &c. Whether Men utlawed may be of the House:  Whether a Man pardoned, having taken no Scire facias, may be called.
         Whether, after we have judged, any other can judge us.--
         There must be a Judge of the Return, before we sit.  That must be judged by Law.  We judge it by Discretion.--
         The King ought to judge according to the positive Laws of the Realm.---
         No Precedent, that any Man was put out of the House for the Utlawry.--
         It infringeth not our Liberty: for we judge, after the Court is set: It is judged before, according to the positive Laws of the Land, by the King.--
         We should have desired, we might inform the King, that he was misinformed.--
         Very just, that we refused a Conference; because it was touching a private Member of our House; whereof we ought not to give Account.--
         Leave this particular Case to the King.--That we may pray, that it may be explained, what our Privileges are; and that no utlawed Man--
         Whether this House hath Power to take Notice of Returns, before we sit here.--
         Whether a Man pardoned, having taken no Scire facias, shall be called in Question.---
         Whether the Writ were returned the 17th of February, or no, upon his Oath.
         Mr. Yelverton:--We ought not to confer:  We ought not to commit.--
         Majesty conferred with Justice, yet Majesty left the Stopping of the Wound to us.--
         The Matter not to be spoken.
         Blemishes:  1. Levity:  Cruelty:  Cowardice.
         Three Decrees of upright Judgment:  Motion, Examintion, Judgment.--
         No Court can reform their own Judgment.
         Every Day a Term.  Every Act, that passeth this House, is an Act of Parliament.--
         Shall Justice float up and down? -shall he be a Member of To-day, and shall we tear him off To-morrow?--
         If the Member sound, it is Violence.  If the Hand tear the rest, it is Cruelty.  No Part torn, but it may bleed to the Ruin of the Whole.--
         Sir Fr. Goodwyn to continue as he is.  Duty and Courage may stand together.  Let not the House be inveigled by Suggestion This may be called a Quo Warranto, to seize our Liberties.
         Three main Objections.--
         Exception by the King:--We could shew no Precedent in this King.--
         The King could shew no such Writ before.  Our Hands were never sought to be closed before; nor we prevented.  It opens a Gap to thrust us all into the Petty Bag.  A Chancellor may call a Parliament of what Persons he will, by this Course. Any Suggestions by any Person, may be Cause of sending a new writ.--
         My Lord Chief Justice,--by the Law, we had nothing to do to examine Returns.--
         Judges cannot take Notice of Private Customs, or Privileges; but we have a Privilege, which stands with the Law.  The Judges informed the King of the Law, but not of a Case of Privilege.--
         Confesseth, the Judges answered according to Law.--
         35 H.VI. all the Judges resolved, that no utlawed Man should be admitted: Controlled by Parliament. [939/940]
         It is the same Opinion now:  Let us be constant, and resolve to control it by Parliament.
         We have done no Offence to the King, no Offence to the State: therefore let us....
         Mr. Crewe:--Whether we ought to revoke presently that, which we have done.  The King's Pleasure that we should deliver the Reasons of that we have done, to be just.  If we clear our Contempt, we have discharged ourselves.  The King's Bench cannot revese their Judgment the same Term:  Therefore not the Parliament.
         Moveth a Message to the Lords, that we are ready so to do, as we do not undo this House.
         Mr. Dyett:--Non coronabitur, qui non legitime certaverit.
         Sir Francis Hastings:--Not to be termed a Difference between his Majesty, and the Commons.--Rogamus, Auguste: non pugnamus.--
         Question, not of Matter of Privilege, but of Judgment.
        ---Attend them, as Lords of the Council, and not as Lords of the Parliament.
         Mr. Hedley:--We do no ways contest or contend with his Majesty.  The King no way bound in Honour.  If Writs go forth unduly, they may be controlled, without Impeachment to the King's Honour.  It is the Act of his inferior Officers.
         The Question, whether the Chancer, or Parliament, ought to have Authority.
         Sir Robert Wroth: The Question, whether we ought to satisfy the King, in his Commandment.
         Sir Edw. Hobby:--The King's Message, that we should consider within ourselves, and resolve of ourselves.  If we may resolve of ourselves, then no Need to confer with the Judges; if not, then to be resolved by the Judges.
         Sir Fr. Barrington:--To confer with the Judges.
         Mr. Wyseman--
         Mr. Hyde:--If Questions grow, then to resort to the Judges.--  He is more apt to receive from us Satisfaction, that we have done rectum recte, than to hear--
         Our Reasons to be put into Article, and to be delivered in all Humbleness to the King.
         Mr. Fuller--He would not have any Spark of that Grace taken from us, that we have had already from his Majesty.
         Sir H. Mountague: The Judges have judged, and we have judged: What Need then of Conference?
         Being put to Question, Whether the House be resolved, or no; the whole House was resolved.
         2. Question, Whether they be resolved to deliver it to the Lords.
         3. Question, Whether they shall be sat down in the Writing, or not:--To be sat down in Writing.
         Whether a Committee, for this Purpose.
         The Reasons to be brought into this Court, and allowed.
         A Committee, to set down, in Writing, the Reasons of the Resolution of this House:  Sir Edw. Mountague, Mr. Rainscroft, Mr. Martin, Sir William Fleetwood, Sir Arthure Atye, Mr. Winch, Mr. Fr. Tate, Sir Tho. Challoner, Sir Roland Litton, Mr. Solicitor, Sir Henry Nevill, Sir Roger Wilbram, Sir Jo. Thynne, Mr. Attorney of the Court, Sir .. Hollice, Sir Jo. Scott, Mr. Hitchman, Sir Jo. Mallory, Sir Edw. Stafford, Sir Herbert Crofts, Sir Fr. Vane, Sir Rich. Mullineux, Sir Edw. Herbert, Sir Jo. Hungerford, Mr. Nath. Bacon, all the Serjeants at Law:--To meet this Afternoon, at Two a Clock, in the Exchequer Chamber.

. . . . . . .

         The House being resolved, upon the Question, that the Reason of their precedent Resolution, touching the Return, Admittance, and Retaining, of Sir Francis Goodwyn, as a Member of this House should be set down in Writing; these Committees is specially appointed to perform that Service; and have Authority, from the House, for any Officer, Record or other Thing, and to view, and search, whatsoever of that Kind may help their Knowledge, or Memory, in this particular Service:  And having deliberately, by general Consent, set down all such Reasons, they are to bring them, in Writing, into the House; there to be read, and approved as shall be thought fit.  And they are to meet this Afternoon, at Two a Clock, in the Exchequer Chamber.
 
 

Saturnii, 31° Martii, 1604

Sir Wm. Morrice speaketh for an Union, and for the Name of Great Brittaine.

. . . . . .

         An Act to disable outlawed Persons, and Persons in Execution, to be of the Parliament, twice read, and committed to all the Privy Council, Sir Geo. Carewe, Vice-chamberlain to the Queen, Sir Edw. Stafford, Mr. Solicitor, Sir Roger Wilbraham, Sir Edw. Hobby, Sir Robert Wroth, Sir John Scott, Sir Geo. Moore, Mr. Wyseman, Sir Edw. Mountague, Mr. Recorder of London, Mr. Nath. Bacon, Sir Robert Phillips, Sir Jerome Horsey, Mr. Lawrence Hyde, Sir Jo. Savill, Mr. Francis Moore, Sir John Luson, Mr. Martin, Sir Thr. Heskett, Sir Rob. Stanford, Mr. Tho. Crewe, Sir Rich. Warberton, Sir H. Poole, Serjeant Dodrige, Serjeant Tanfield, Mr. Antropos, Sir Tho. Beamount:--To meet on Monday, at Two a Clock in the Afternoon, in the Star-chamber.

. . . . . . .
 
 

[941] Lunae, 2° Die Aprilis, 1604

. . . . . . .

         Mr. Fr. Moore, Serjeant Lee, Mr. Solicitor, Sir Robert Wroth, Sir Wm. Fleetwood, Sir Tho. Challoner, Sir Robert Wingfield, Serjeant Tanfield, Mr. Yelverton, to examine the Sheriff of Buckinghamshire.
         Sir Charles Cornwallys moveth, in Excuse of Sir Francis Goowyn's Absence; and desireth, that the House affirm his Care and Modesty to the King, in that he, during the Time his Question is handled, hath not presumed to. . . .

. . . . . .

         Whether we be not resolved.
         The Question, Whether they shall confer with the Judges.
         A Question, once made, cannot be called in Question again.
         Resolved, upon the Question, That no Conference.
         Mr. Speaker to attend the Committee, not by Commandment, but voluntary, by Consent, in Sir Fr. Goodwyn's Case; the House having no Power to command him to attend.
 


Martis, 3° Aprilis,  1604

. . . . . . .

         The Reasons of the Committees, for Penning of the Reasons of the Proceeding of the House, touching Sir Fr. Goodwyn's Cause, was brought in, in Writing, by Mr. Francis Moore; and read in the House.
         Mr. Secretary Herbert, with divers others, appointed to let the Lords know, we are resolved of the Answer to his Majesty, touching Sir Fr. Goodwyn's Cause; and that it shall be sent unto them before Four a Clock.
         Mr. Secretary Herbert reporteth the Message to the Lords; That they will be ready, at Four of the Clock, to bring their Reasons in Writing.
         At Five a Clock 60 of the House did attend the Lords at Whytehall, in the Council Chamber; and delivered the Reasons of proceeding in Sir Fr. Goodwyn's Cause, by the Hands of Sir Fr. Bacon; with Request, that their Lordships would be Mediators for his Majesty's Satisfaction.
          The Reasons themselves, and the Committees, to be entered here.

. . . . . . .

[nothing about the G-F dispute on 3 April]

[942] Mercurii, 4° Aprilis, 1604

         Sir Francis Bacon having Yesterday delivered the Reasons, in Sir Fr. Goodwyn's Cause, to the Lords, giveth Account of that, which he had done.---
         The Lords admitted the Burgesses, without Distinction . . those, were deputed and selected Committees.--
         No one Thing had Precedency in this Business, but only the Recognition, &c. Not committed to any Frailty of Memory, any verbal Relation, &c.---
         That the Lords, having nearer Access, would cooperate with us, for the King's Satisfaction.--
         The Lord Chancellor--Whether they should send the Reasons to the King, or peruse it.
         Answ. That it was the King's Pleasure, they should concur; and therefore peruse it.---
         The Lord Cecyll,---Whether they had power to amplify, explain or debate, upon any Doubt conceived, upon the Reading.

. . . . . . .

Jovis, 5° Aprilis, 1604

         This day Mr. Speaker was commanded to attend the King privately, at Eight a Clock in the Morning.

. . . . . . .

         [943] Mr. Speaker excuseth himself, for this Absence, by the Commandment of the King to attend his Majesty:  Reporteth a Message from the King:--
         That the King received a Parchment: whether an absolute Resolution, or Reasons, to give him Satisfaction:  He thought it was merely for his Satisfaction.--
         The King's Protestation, that, by that Love he bare the House, by the Faith he ought to God, he had as great a Desire to maintain our Privileges, &c.  He had seen the Manner, and the Matter:  He had heard his Judges, and Counsel: He was distracted in Judgment:  He desired, and commanded, as an absolute King, that there might be Conference between the Judges, and the House.  He wisheth, that there might be a select Committee, of grave and learned Persons, out of the House.  The Council not to determine, but to report on both Sides.
         Mr. Yelverton:--The Prince's Command like a Thunderbolt: Command, upon our Allegiance, like the Roaring of a Lion.--No Contradiction to his Majesty's Command; but how, or in what Manner we ought...
         Mr. Martin:--That the King would be pleased to be present, and hear, and judge, it himself.
         To confer with the Judges, before the Council, and the King: Serjeant Tanfield, Serjeant Hubbard, Serjent Leigh, Serjeant Shirley, Serjeant Dodridge, Sir Tho. Heskett, Sir Fracis Bacon, Mr. Recorder of London, Mr. Yelverton, Mr. Tho. Crewe, Mr. Hyde, Mr. Fr. Moore, Mr. Rich. Martin, Mr. Winch, Mr. Dyett, Mr. Fuller, Sir Roger Wilbraham, Mr. Fr. Tate, Mr. D. James, Sir Daniell Dun, Sir Jo. Bennett, Sir Geo. Carewe, Vice-chamberlain to the Queen, Sir Fr. Hastings, Sir Edw. Hobby, Sir Robert Wroth, Sir Henry Nevill, Sir Jo. Savill, Sir Geo. Moore, Mr. Nath. Bacon, Sir Edw. Stafford, Sir Wm. Fleetwood, Sir Tho. Challoner, Sir Roger Aston, Sir Robert Wingfield, Sir Edw. Mountague, Sir Edwyn Sandys, Sir Wm. Bowyer, Sir Robert Cotton.
          {In Sir Fr. Goodwyn's Cause} These Committees are selected, and appointed to confer with the Judges of the Law, before his Majesty's Council, according to is Majesty's Pleasure, this Day signified by Mr. Speaker to the House.
         It is resolved and ordered by the House, upon a Motion made by Mr. Hyde, that these Committees shall only insist upon the Fortification, and explaining, of the Reasons and Answers delivered unto his Majesty, and not proceed to any other Argument, or Answer.

. . . . . . . .

This Day Mr. Speaker pronounceth the King’s Pleasure to be, that this Court shall be adjourned until Wednesday next, the 11th of April, at Eight a Clock in the Morning.
 


Mercurii, 11° Aprilis, 1604

This Day is the first Meeting, upon the Adjournment.

. . . . . .

         [944] Sir Francis Bacon reporteth from the Conference with the Judges before the King.--Tantum permissum, quantum commissum.-- Not Warranted to make any Report.--Upon the Question, Ordered.
         Sir Robert Wingfield:--That the Committees might assemble in the Court of Wards, and then report.

. . . . . . .

         Sir Fr. Bacon, after the Meeting this Day in the Court of Wards, maketh the Report of what passed before his Majesty, and the Council.--
         The King said, he would be President of the Council; and sat with his Council.--
         This Attendance did renew a Remembrance of the last Time we attended, when we parted with such Admiration.--The Voice of God in Man:--The good Spirit of God in the Mouth of Man.--Not one of Herod's Flatterers.  A Curse in him, that did, a Curse in him, that suffered it.--We are glad, O King, that we give account to you, because you discern what is spoken.---
         We had let pass no Moment of Time, until we had resolved, and set down an Answer in Writing; which we now had ready.--
         Since a Message from the King, by Mr. Speaker, of Two Parts:  Paternal, and Royal.  1. That we were as dear unto him, as the Safety of his Person, or the Preservation of his Posterity: Royal; that we should have Conference, upon our Allegiance, with the Judges, before his Council.--
         That we did more to King James, than ever was done since the Conquest, in giving account of our Judgments.--
         We had no Intent, in all our Proceedings, to cross or encounter his Majesty; to impeach his Honour, or Prerogative.--
         The Eloquence of a King inimitable.--
         The King addressed himself to Sir Fr. Bacon, as deputed from the House.--
         Three Parts:  The Cause of our sending, to draw to an End the Difference.
         Absence: because he feared, he might be thought interested, and so breed an Inequality of our Part.--
         He would not hold his Prerogative, or Honour, or receive any thing of any or all Subjects.--Magnanimity.--
         That he would confirm and ratify all Privileges.--Bounty, and Amity.
         As King, royally; as King James, sweetly, and kindly, out of his good Nature.
         1. Point, whether we were a Court of Record, and had Power to judge of Returns, &c.--
         As our Court had Power, so had the Chancery.--That the Court, first judging, should not be controlled.--
         Upon a Surmise, and upon the Sheriff's Return, a Difference.
         Two Powers; permanent, and transitory.
         Chancery 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 Parliament of England not to be bound by a Sheriff's Return.
         The King:--That our Privileges were not in question.  That it was private Jealousies, without any Kernel or Substance, &c.
         Granted, a Court of Record, Judge of Returns.--
         Sir John Fortescue displaced--The King meets us half way.--
         A Schism in the Church; between a Pope, and an Antipope: No End, until they were both put down.
         A Motion, to be done by way of Warrant; to be set down, to be done at the Request of the King.--
         We lose more at a Parliament, than we gain at a Battle.--The Authority, only to fortify.  They should not have consented, because they had no Authority.

. . . . .

         Proceed to take away our Dissention, and to preserve our Liberties.--
         Two: 1. That we had exceeded our Commission: 2. That we had drawn upon us a Note of Inconstancy and Levity.
         The Acclamation: A Testimony of our Duty, no Levity.
         Being put to the Question, whether Sir Francis Goodwyn and Sir John Fortescue shall be secluded, and a new Writ awarded; Resolved, For a Warrant, for a new Writ.
         Thanks to be given to his Majesty, for his Presence, and Direction, in the Matter of Sir Fr. Goodwyn, by the Speaker of this House.
 
 

Jovis, 12° Aprilis, 1604

. . . . . . .

         [945] Mr. Speaker to attend the King, and to give his Majesty Thanks, in the behalf of the whole House.--This Afternoon, at Two a Clock.  Sir Roger Aston bringeth the Message.
         To attend Mr. Speaker to the King: All the Privy Council: [and then follows a long list of names, which are not included because of the next phrase:] As many, as will, with them to go.  These to attend the King, and to present the humble Thanks of the House to the King, at Two a Clock this Afternoon.

. . . . . . .

Veneris, 13° Die Aprilis, 1604

. . . . . . . . . .

         The Bill against utlawed Persons to be of the Parliament, brought in by Sir Geo. Carewe, with Amendments: Ordered to be ingrossed, upon the Question.

. . . . . . .

         Mr. Speaker returned the Effect of his Message of his Thanks Yesterday.--
         The humble and dutiful Acceptation of that, which his Highness had done; and the Thanks of the House.– The zealous and paternal Delivery of his Grace unto us, by his own Mouth.– Judgment.– Joy in his Grace, Comfort in his Justice, Approbation of his Prudence, Obedience to his Power and Pleasure. That it gave all Men Satisfaction. That they did determine to pursue that Course, which his Majesty had prescribed. That they had been Suitors, that he would receive a Representation of the humble Thanks and Service of the House. [945/946]
         The King’s Answer: That, upon the second Access, he was forced to reiterate what –
         A Question unhappily cast upon him. He carried as great a Respect to our Privileges, as any Prince whatsoever: He was no Ground-searcher: He was of the mind, that your Privileges was his Strength.–
         The Grounds, Two: Our not understanding, that his Majesty had meddled, before we had decided: That he conceited, that it concerned him in Honour, not being well informed.–
         That he thought, we had no willful Purpose to dedrogate any thing.– A grave, a dutiful, and an obedient, Answer.–
         As the Devil had unhappily cast this Question, so God had turned this Question to Two good Ends and Purposes:
             1. One, that he knew, and had approved, our Loyalty:
             2. That he hade made Testimony of his Bounty and Grace.–
         That, as we came to give him Thanks, so did he redouble his Thanks. That he had rather be a King of such Subjects, than to be a King of many Kingdoms.
         His second Speech, directed to the Lords an us, Two Parts:
         This Parliament was not like to be long:
         That we would treat for Matters of Commonwealth, and then himself.
             1. An Union.
             2. Commonwealth Bills.
             3. Religion, and Reformation of ecclesiastical Discipline.–

. . . . . . .

         At his Death, his Wish, above all Things, 1. One Worship to God: 2. One Kingdom intirely governed: 3. One Uniformity in Laws.–
         As he was infinite, and his Occasions infinite; that in that first Parliament, we would not take this from him, which we had yielded to others; being no way inferior in Affections, no way inferior in his Desire to ease you.
         The Warrant, for the new Election in Buckinghamshire, brought in, and agreed on.

. . . . . . . .
 
 


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