English Puritan & Reformed

The Journals of Parliaments

Simonds D Ewes (1602-1650) · 675,024 words · 3000 min

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Thursday the 22 ^th day of this instant March foregoing) were delivered to M ^r Vice-Chamberlain.

The Bill for relief of maimed Soldiers and Mariners was upon the second reading committed unto the former Committees (whose names see before on Monday the 12 ^th day of this instant March foregoing) and Sir Robert Cecil, M ^r Richard Brown, M ^r Hubberd and others were added unto them, and appointed to meet on Monday next at two of the Clock in the Afternoon in the Exchequer Chamber, and the Bill and Committees names were delivered to Sir Robert Cecil, Vicle plus March 28.

M ^r Speaker being moved by M ^r Edgecombe to read the private Bill for the Town of Stonchouse, and offering to have the Bill read first which came from the Lord's touching Popish Recusants, being a public Bill and remembered from her Majesty; It was upon the further arguing of Sir Edward Dymock put to the question of the House whether the same Bill for the Town of Stonchouse should be read or no, and upon the Question made was Ordered no.

Four Bills were sent up to the Lord's by M ^r Vice-Chamberlain and others; of which one was the Bill for Subsidy, and the other touching the Sale of the Gray-Friars in Cambridge.

M ^r Serjeant Owen and M ^r Doctor Stamhop do bring from the Lord's a Bill entitled, An Act to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts.

The Bill for restraining of Popish Recusants to some certain places of abode, with the Amendments, were first twice read, and the Bill and Proviso upon the third reading passed upon the Question.

Sir Walter Raleigh, one of the Committees in the Bill against Aliens retailing of Foreign Wares, shown the travels of the Committees, and offereth unto the House the Bill with a Proviso; And the Proviso being twice read, the Bill and Proviso upon the Question were Committed again to the former Comittees, and the Bill was delivered to M ^r Dalton one of the said Committees, who were appointed to meet at two of the Clock in the Afternoon of this present day in the Exchequer Chamber.

On Monday the 26 ^th day of March, Two Bills of no great moment had each of them one reading; of which the last concerning Spinners and Weavers was upon the second reading committed unto M ^r Chancellor of the Exchequer, Sir William Knowles, Sir Moyle Finch, Sir Francis Hastings and others, and the Bill was delivered to Sir William Knowles, who with the rest was appointed to meet to Morrow in the Afternoon in the Exchequer.

M ^r Speaker shown, that he had received a Bill Signed by her Majesty for the Restitution in Blood of Sir Thomas Parrot Knight Son and Heir of Sir John Parrot Knight deceased lately attainted of High Treason. Whereupon

The Bill for Restitution in Blood of Sir Thomas Parrot Son and Heir of Sir John Parrot Knight deceased Attainted of High Treason, was twice read.

M ^r Vice-Chamberlain, one of the Committees in the Bill concerning Lands late Sir Francis Englefields Knight attainted of High Treason (who had been appointed on Thursday the 22 ^th day of this instant March foregoing) shown, that he and the residue of the Committees in the same Bill have met together, and for certain things considered therein by them touching some Misprisions and imperfections both in sense and in writing, have thought good, that the said Committees of this House might upon a Motion to be made unto the Lord's for Conference touching the said Misprisions and Imperfections have Conference with their Lordships therein, for that the same Bill came from their Lordships. Which upon that motion was assented unto by the whole House accordingly.

And immediately after, the Bill for restraining Popish Recusants to some certain places of abode lately passed with some amendments in this House, which before came from the Lord's; and the Bill also for Confirmation of the Jointure of the Lady Margaret Countess of cumberland, which likewise lately passed in this House; and did also before come from the Lord's, were sent up to the Lord's by M ^r Vice-Chamberlain and others, with Order furthermore of this House to move their Lordships for the said Conference touching the said Misprisions and Imperfections, in the Bill touching the said Lands, lately the said Sir Francis Englefields.

The Bill for the bringing of fresh water to the Town of Stonehouse was upon the second reading committed unto Sir Francis Drake, M ^r Edgecombe, Sir Thomas Conisby, M ^r Dalton and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bill for the Haven of Plymouth, and the Bill for the Inning of Plimpton Marsh were each of them read the second time, and committed to the former Committees in the Bill for the Town of Stonehouse, to meet at the same time and place, and the Bills were both of them delivered to Sir Francis Drake one of the said Committees.

The Bill concerning the Lands of Henry late Lord Burgavenny had its third reading, and the amendments were also read the third time, and the Bill with the Amendments passed upon the Question.

The Bill touching the Assize of Fuel was upon the second reading committed unto M ^r Humphrey Conisbie, M ^r Fanshaw, M ^r Wroth, and others, and the Bill was delivered to M ^r Fanshaw, who with the rest was appointed to meet this present day at two of the Clock in the Afternoon in the Exchequer Chamber.

M ^r Serjeant Owen and M ^r Doctor Ford do bring word from the Lord's, that their Lordships according to the request of this House have assented unto the Conference demanded touching the said Bill, concerning the Lands late Sir Francis Englefields lately Attainted of High Treason; and that their Lordships have appointed the time to be to Morrow Morning at eight of the Clock at the accustomed place.

The Bill to give liberty to the Lord Harowden to sell certain Lands for the payment of his debts, had its first reading.

M ^r Serjeant Owen and M ^r Doctor Ford do bring word from the Lord's, that touching the amendments of this House in the Bill which first passed in the Upper House, and was afterwards sent down unto this House; for restraining of Popish Recusants, to some certain places of abode, and then passed in the House with some Amendments, and sent unto their Lordships this present day, their Lordships do desire that these Committees of this House which are appointed to have Conference with their Lordships to Morrow touching the said Bill concerning the Lands late Sir Francis Englefields, may also have Authority from this House at the same time and place to have Conference likewise with their Lordships touching the said Amendments of this House in the said Bill for restraining Popish Recusants to some certain places of abode. Which afterwards upon the Return of that Message made unto that House by M ^r Speaker was assented unto by the whole House accordingly, and so signified also unto the said Mr. Serjeant Owen and Mr. Doctor Ford.

On Tuesday the 27 ^th day of March Mr. Fuller, one of the Committees in the Bill for repealing of a branch of a Statute made in quarto & quinto Phil. & Mar. entitled An Act touching the making of Woollen Cloath, shown the Travel of the Committees in the same. Whereupon after some other speeches then moving the House, the said Bill was recommitted to the former Committees (who had been appointed on Wednesday the 14 ^th day of this Instant March foregoing) to meet again this Afternoon.

The Bill touching the true and lawful Assizing of Bread was read the second time, and upon the doubtfulness of the Voices whether it should be Ingrossed or no, was upon the Question by the division of the House rejected, with the difference of twenty seven Voices, viz. with the Yea sixty five, and with the No ninety two.

The Bill to make void the Spiritual Living of those that have forsaken the Realm, and do cleave unto the Pope and his Religion, was twice read, and Ordered to be engrossed.

The Bill against Strangers retailing of Foreign Wares was read the third time, and after many long Speeches both with the Bill and against the Bill, passed upon the Question by the division of the House, with the difference of fourscore Voices, viz. with the Yea a hundred sixty two, and with the No eighty two. Vide concerning this business on Tuesday the 6 ^th day. on Tuesday the 20 ^th day, Wednesday the 21 ^th day, and on Friday the 23 ^th day of this instant March foregoing.

Matthew Jones Gentleman, being found sitting in this House, and no Member of the same, was brought to the Bar, and there being charged by M ^r Speaker for his said offense, humbly excused himself by Ignorance; and appearing unto the House to be a simple ignorant old man, was upon his humble submission pardoned to be discharged to Morrow, paying his Fees, and Ordered in the mean time to remain in the Serjeants Ward of this House.

M ^r Serjeant Owen and M ^r Doctor Stanhop do bring word from the Lord's, That upon Thursday next at two of the Clock in the Afternoon in the accustomed place, Three Earls, three Barons and three Bishops of the Upper House, are appointed to have Conference with some of the Members of this House, if this House should so like, touching a Proviso to be devised for 〈◊〉 Coverts mentioned in the Amendments of this House to the Bill which passed with their Lordships for restraining of Popish Recusants to certain places of abode: And shown, that their Lordships did like very well of the residue of the said Amendments. Which passage being opened unto the House by M ^r Speaker, it was Ordered that a competent number of Committees in the said Bill (who had been appointed on Wednesday the 28 ^th day of February foregoing should attend their Lordships, which was so signified unto the said M ^r Serjeant Owen and M ^r Doctor Stanhop.

After which the said M ^r Serjeant Owen and Mr. Doctor Stanhop do again bring word from the Lord's, that touching the date of the beginning or of a Prorogation of a Parliament mentioned in the Bill touching Sir Francis Englefield's Lands, their Lordships do desire, that at the Conference about Recusants, already appointed on Thursday next, a Committee of this House may then also confer with their Lordships in that matter also. Which was then granted.

The Bill for Mr. Anthony Cook was read the third time, and passed upon the Question.

On Wednesday the 28 ^th day of March, the Bill for reviving, continuing, explanation and perfecting of certain Statutes was twice read, and committed to the former Committees (whose names see before on Monday the 12 ^th day of this instant March foregoing) and unto Mr. Heiman, Mr. Dewhty, Mr. Rotheram, Mr. Finch, Mr. Attorney of the Duchy, the Burgesses of the Cinque-Ports, Mr. Broughton, Mr. John Hare, Mr. Penruddock and Mr. Doctor Caesar, and the Bill was delivered to Mr. Wroth one of the former Committees, who with the rest was appointed to meet in this place at two of the Clock in the Afternoon of this present day.

Sir Robert Cecil, one of the Committees in the Bill for the relief of poor maimed Soldiers, (who had been appointed on Monday the 12 ^th day of this instant March foregoing) shown, that the Committees have met together, but in effect upon sundry reasons shown amongst them by divers of the said Committees to contrary effects, they could come to no Conclusion, but rather to a mere confusion upon the points of the matter; for his own private part said in the end, That as this House had committed the said Bill unto him and the residue of the said Committees, so had he thought good to commit the same Bill to Prison rather than to return it to this House again in the same or no better state than they did before receive it.

M ^r Treasurer, one of the Committees touching Clapboards and Casks (appointed on Saturday the 24 ^th day of this instant March foregoing) shown the meetings of the Committees and their Amendments to the Bill. Whereupon the said Amendments being read, the Bill and Amendments after some Speeches had to the same were recommitted to the former Committees, and M ^r Bucking now added unto them, to meet this Afternoon.

The Bill for Naturalizing of certain Englishmens Children born beyond the Seas, was read the third time and passed upon the Question.

M ^r Boucher, one of the Committees in the Bill for the Town of Stonehouse (which had been appointed on Monday the 26 ^th day of this instant March foregoing) shown the meeting of the Committees, and their Amendments to the Bill; which Amendments being twice read, the Bill with the Amendments were Ordered by the House to be engrossed.

The Bill for restitution in blood of Sir Thomas Parrot Knight, had its third reading and passed upon the question.

The five Bills which last passed this House, viz. the Bill for restitution in blood of Sir Thomas Parrot Knight, the Bill concerning the Lands of Henry late Lord Burgavenny, the Bill against Strangers retailing of Foreign Wares, the Bill for Mr. Anthony Cook, and the Bill for Naturalizing of certain English Men's Children born beyond the Seas, were sent up to the Lord's by Mr. Treasurer and others.

The Bill for the Lord Harowden had the second reading, and thereupon was committed to Sir John Harrington, Mr. Wroth, Mr. Hare and others; and the Bill was delivered to Sir John Harrington, who with the rest was appointed to meet this Afternoon in this House.

Matthew Jones Gentleman, Prisoner in the Serjeants Ward, being brought to the Bar and charged by Mr. Speaker with the greatness of his misbehaviour, in presuming to intrude himself yesterday into this High Court of Council being no Member of the same, and giving him grave admonition for his future dutiful behavior, shown him in the end, that in regard of his humble submission this House doth discharge him paying his Fees.

The Bill for the maintaining of Wier-Works was upon the second reading committed unto Sir Edward Dymock, Mr. Doctor Caesar, the Knights and Burgesses for York and Yorkshire, Mr. Wroth and others, and the Bill was delivered to Mr. Doctor Caesar, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

On Thursday the 29 ^th day of March, Mr. Broughton, Mr. Attorney of the Duchy, Sir Thomas Dennis, and Sir Francis Gudolphen were added to the former Committees in the Bill for the Haven of Plymouth (who had been appointed on Monday the 26 ^th day of this instant March foregoing) and appointed to meet at two of the Clock in the Afternoon of this present day.

The Bill concerning the Haven of Colchester, and the paving of the said Town, was upon the second reading committed unto Mr. Vice-Chamberlain, the Burgesses of Colchester, Mr. Grimston and others; And the Bill was delivered to Mr. Wroth, one of the said Committees, who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

Mr. Treasurer, one of the Committees in the Bill touching Clapboards and Casks (appointed on Saturday the 24 ^th day of this instant March foregoing) brought in the Bill with some Amendments, which being twice read the Bill was Ordered to be engrossed.

Mr. Serjeant Harris, one of the Committees for the Lord Harrowden (appointed on Wednesday the 28 ^th day of this instant March immediately foregoing) bringing in the Bill, and after Report made by him of the Travel of the Committees therein, the Bill was read for the third reading and passed upon the Question.

Mr. Finch, one of the Committees in the Bill for Continuation, Explanation and perfecting of certain Statutes (who had been appointed on Wednesday the 28 ^th day of this instant March foregoing) reporteth the meeting and Travel of the Committees, and also the Amendments of the Bill in sundry things; which Amendments after many long Arguments and sundry questions, with the division of the House were in the end Ordered to be inserted into the said Bill.

On Friday the 30 ^th day of 〈◊〉〈◊〉 . Broughton and Sir Edward Dyer were appointed to attend my Lord Keeper touching the Return of the Habeas Corpus cum Causa, for the bringing up of the Body of Mr. Fitzherbert Esquire. Vide concerning this matter on Thursday the first day, Friday the second day, and on Saturday the 17 ^th day of this instant March foregoing; as also on Tuesday April the 3 ^d , and on Thursday April the 5 ^th postea.

The Amendments in the Bill for Continuation, Explanation and Confirmation of the Queens Majesty's Title to the Lands and Tenements late of Sir Francis Englefield Knight, being twice read to the House, and the Bill itself and the same Amendments read the third time also, passed upon the Question.

The Amendments in the Bill for Continuation, Explanation and perfecting of certain Statutes being twice read, were upon the Question after many and sundry Arguments to divers particular points in the same, Ordered upon the question in the end to be engrossed.

M ^r Vice-Chamberlain, one of the Committees in the Bill for maintenance of the Haven of Colchester, and the paving of the Town, appointed on Thursday the 29 ^th day of this instant March foregoing) shown, that he and the residue of the Committees have met together, and upon their Conference thought good to suppress the said Bill, for that they could not conveniently agree to such conclusion in the same as might satisfy the Inhabitants of the said Town: And shown further the imparting of himself and the other Committees unto the Lord's touching the Collection and distribution of the money to poor maimed Soldiers; And that thereupon their Lordships had appointed four of themselves for that purpose, which in that Case should join with such of this House as by this House shall be appointed. Whereupon M ^r Vice-Chamberlain was Ordered to give their Lordships most humble thanks, and to show them that after their Lordships shall have sent the Bill again to this House in such sort passed as their Lordships shall think meet, this House will thereupon then do therein what shall appertain.

Doctor Carew and M ^r Powle do bring from the Lord's a Bill Intituled, An Act for Confirmation of the Subsidies granted by the Clergy, together with the instrument for the same; with request also from their Lordships to this House for speedy Expedition of the same.

A Proviso to the Bill concerning the overlength of broad Cloth, was offered to the House, and after the twice reading thereof was Ordered to be engrossed.

M ^r Treasurer, Mr. Warren, Sir Francis Drake, Mr. Wroth, Mr. Doctor Herbert, Sir Henry Unton, Sir Thomas Cecil, Sir Thomas Morgan, Mr. Oliver S ^t John, Sir Thomas Baskervile, Sir Thomas Shirley, Mr. John Hart, Mr. Flower, Sir Robert Sidney, Sir Thomas Conisby, are appointed to join with the Lord's in the joint disposing of the Contribution of both Houses collected towards the relief of poor maimed Soldiers.

Nota, That this is all which is found in the Original Journal-Book of the House of Commons of this days Passages, and therefore there being an excellent Vote or Resolution of the House touching the Addition and Amendments of Bills after their passing of either House, set down in the often before-recited Anonymous Journal, more particularly mentioned at the beginning of this present Journal, I have thought good to have it inserted in manner and form following.

If a Bill having passed the Upper House be sent down to the House of Commons, and be likewise upon the third reading allowed and expedited in that House, and from them sent back again to their Lordships with Alterations and Amendments thereunto added here, the Lord's may either reject the said Bill or must pass it with the said Additions, and that nothing more can be inserted into the said Bill by their Lordships; but they must frame either a new Bill in the same matter or business, or send down the former old Bill with other Additions or Provisoes as a new Bill: Or if a Bill being sent from the Lord's to the House of Commons, do pass the said House also, as it had their Lordships before the sending down, it can never be again dealt in further by them.

Thus far out of the aforesaid Anonymous Journal: The next days Passages follow out of the Original Journal-Book itself.

On Saturday the 31 ^th day of March, the Bill for Confirmation of the Subsidies granted by the Clergy and read the first Time passed upon the Question.

The Bill touching Casks brought in with more Amendments by Mr. Wroth one of the Committees, and the same Amendments being twice read, the Bill was upon the Question Ordered to be engrossed.

The Bill for reviving, continuing, explanation and perfecting of certain Statutes was read the third time; And after sundry Arguments the two Provisoes touching the dealing with the reputed Fathers of Bastards being withdrawn upon the Question, the Bill upon the Question was passed afterwards accordingly.

Mr. Attorney General and Mr. Doctor Ford do bring from the Lord's two Bills; the one Intituled an Act for the restraint of new Buildings, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster; and the other for the Explanation of a branch of a Statute made in the twenty third year of the Queens Majesty's Reign, Intituled An Act to retain the Queens Majesty's Subjects in their due Obedience, with some Additions to the same, with a Message also from their Lordships, to know the pleasure of this House touching their Lordships request, for the further Explanation by their Lordships to be made of some part of the Amendments of this House in the Bill lately passed their Lordships and sent hither unto this House, and afterwards by this House returned again unto their Lordships with some Amendments of this House, Intituled An Act for restraint of Popish Recusants to some certain places of abode. And the said Mr. Doctor Ford also shown, that their Lordships prayed Expedition of the said Bills now brought down, for that the time of Parliament is like now to grow very short.

Mr. Speaker remembered unto the House the effect of the said Message from the Lord's; whereupon it was resolved by the House, that Answer should be made unto the said Mr. Attorney and Mr. Doctor Ford, That if their Lordships should add any declaratory Proviso to the said Bill and sent it down to this House, this House would thereupon then further do as shall appertain.

Mr. Robert Penruddock, one of the Burgesses returned for the Borough of Milton, for her Majesty's Affairs, and also for his own business is licensed by Mr. Speaker to depart home.

Three Bills lastly had each of them one reading; of which the last concerning the over-length of broad-Cloth was read the third time, and passed upon the Question.

On Monday the second day of April, the Bill concerning Woollen-Cloths called Devonshire Kersies or Dozens, was upon the second reading committed unto the Knights and Burgesses of Devon, Mr. Serjeant Harris, Mr. George Moore and others, and the Bill was delivered unto Sir Thomas Dennis one of the same Committees, who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

Six Bills were sent up to the Lord's by Mr. Treasurer and others; of which the first was the Act for Confirmation of the Subsidies granted by the Clergy; and another touching the Lands of Sir Francis Englefield Knight, Attainted of High Treason; the residue being of no great moment.

Sir William Brunker, one of the Committees in the Bill concerning Spinnersand Weavers (who had been appointed on Monday the 26 ^th day of March last past) shown, that the Committees had met, and upon Conference amongst them thought good to make a new Bill: And so bringing in both the old Bill and the new, prayed the reading of the said new Bill.

The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens Majesty's Reign, Intituled An Act to retain the Queens Majesty's Subjects in their due obedience, with some Amendments to the same, had its first reading.

Three Bills of no great moment had each of them one reading; of which the second being the Bill against counterfeiting of Counselors hands, &c. was read the third time, and dashed upon the Question.

The Bill for relief of maimed Soldiers and Mariners was twice read, and committed unto all the Privy-Council, the Knights and Burgesses of London, the Burgesses of York and others, who were appointed to meet this Afternoon at two of the Clock in this House.

Nota, That certain Members of the House were appointed to draw a Bill for the relief of maimed Soldiers and Mariners on Monday the 12 ^th day of March foregoing, which Bill being so drawn, was upon Saturday the 24 ^th day of the said March upon the second reading referred to certain Committees, and was lately upon Wednesday the 28 ^th day of the same Month upon the Motion of Sir Robert Cecil one of the said Committees withdrawn out of the House and no further proceeded in, and thereupon the aforesaid new Bill preferred this day and twice read.

M ^r Serjeant Owen and Mr. Doctor Carey do bring from the Lord's the Bill for restraining of Popish Recusants to some certain places of a boad, lately passed this House with some Amendments; showing, that the Lord's liking very well of the said Amendments have inserted those Amendments into the said Bill accordingly. And that their Lorships have further thought good to add unto the said Bill a Proviso, for Explanation of the Branch of the said Bill which concerneth the matter only of abjuration, have passed the said Proviso, and affiled the same to the said Bill, and sent it down to this House, to be also passed here if this House shall so think meet.

On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read, and committed to the former Committees (who had been appointed on Monday the 26 ^th day of March foregoing) and Mr. Wroth and the Burgesses of York and Norwich were added unto them.

Sir Thomas Denis, one of the Committees in the Bill concerning Devonshire Kerseys and Dozens (appointed yesterday) shown the meeting of the Committees, and that they have in some few things amended the Bill, praying the reading of the said Amendments; which being thereupon twice read, the Bill upon the question was ordered to be engrossed.

The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock, M ^r Stevenson, the Knights and Burgesses for London, M ^r Wroth, M ^r Peak, and the Burgesses for Oxford, Cambridge, Sandwich, and Newcastle Under-line, who were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

The Return of the Habeas Corpus cum Causa made by the Sheriff of the County of Darby for M ^r Thomas Fitzherbert.

Which short remembrance of this excellent Precedent (how far on Outlawed man may be a Burgess of the Parliament) is all that is found in the Original Journal-Book itself of the House of Commons. And therefore because there was much debate concerning it this day, as had been on divers other days foregoing ( viz. on Thursday the first day, Friday the 2 ^d day, Saturday the 17 ^th day, and on Friday the 30 ^th day of March last past) have caused it to be transcribed at large out of the often before-recited Anonymous Journal, in manner and form following.

The House was informed that the Lord Keeper had sent the Record of Fitzherbert's Execution hither to the House. The Chancery men who brought it were called into the House to the Bar and were appointed to read it ut Clerici. And the House appointed the Writ sent out of Chancery to be annexed unto the Record. The words of the Writ were Tibi praecipimus quod capias corpus Tho. Fitzherbert, quocunque, &c. Dat. apud. Westm. 7 ^o die Martii. 35 Eliz.

The Sheriffs Return, Deliberatum fuit hoc Breve 15. die Martii super, &c. sed ante adventum istius Brevis (scilicet) 3 ^o Februarii 35 Eliz. captus fuit Thomas Fitzherbert, &c.

M ^r Dalton said, The Return of the Writ being made unto another Court, and the Record itself being in another Court, we cannot be Judges of the matter, nor enlarge the party. And as for the Return, methinks it therefore insufficient, because it was not returned into this Court: And I see not how we can be Judges of the Return. For the number of voices in this Cause is not to be judged for Law, whether it be a good Return or not; for that which is Law, will notwithstanding rest for Law for all our Voices. Therefore I think that privilege quae est privatio Legis in this Case could not be granted.

M ^r Brograve said, As to the matter of privilege, the Cause to me is very doubtful, because privileges in these Causes are very rare, and so the matter resteth in doubt. This Court for its Dignity and highness hath privilege, as all other Courts have; And as it is above all other Courts, so it hath privilege above all other Courts; and as it hath privilege and Jurisdiction too, so hath it also Coercion and Compulsion; otherwise the Jurisdiction is nothing in a Court, if it hath no Coercion. Therefore it seemeth unto me, that the Return of the Writ ought to have been returnned into the Court of Parliament; but whether the Return be to be made into the Upper House or Lower House, I know not.

For in many Cases we have divided Jurisdictions, and the Upper House hath Jurisdiction by itself, therefore if a Nobleman hath a Servant that were arrested, they might make their Writ of Privilege returnable before themselves and give him Privilege. And here in this House, if one that is a Member of this House and have sat here, be arrested sedente Parliamento, we are to give him Privilege. But if he be taken before his coming hither, it is not in our power to deliver him, but we must have the assistance of other Courts in such Causes. The use is such in other Causes: If the Action be a Mahime, whether this be a Mahime or no the Court will not judge, until those that have Science in those things affirm it to be so. And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known, before the Judgment is given. So in this Court, we ought to desire Instructions from the Judges of the Realm, whether in this Cause by the Law we can grant privilege or no.

For Privilege there be two Writs issuing out of this House; the one is a general Corpus cum Causa, and this is granted upon apparent cause of Privilege: as if a Member of the House be taken sedente Parliamento. The other Writ is called a Writ of Parliament; this is granted when the Cause is to be judged by the Parliament. But whether Privilege be to be granted to this party or no, it is not apparent. And in the Cause the Lord Keeper is not to be Judge; But here the whole Record is to remain, and we with the advice and opinion of the Judges are to consult if the party be to have privilege.

Therefore seeing the Court hath Coercion in itself, let us with the advice of the Judges proceed as we have power: For if we give away our Coercion, we give away our Jurisdiction.

M ^r Serjeant Harris said, the Record remaining in Chancery, this House is sufficiently possessed of it, even as in Case of all the Returns of Knights and Burgesses.

M ^r Francis Bacon said, The Return is well, for the Return is an ensuing of the Writ that must be made under Seal.

As for taking the assistance of the Judges, it is a good course; for though we sit here to make Laws, yet until the new Law is made, the old Law is of force, and our Conference with them gives away no resolution from us, but taketh advice only from them.

M ^r Finch said, in my opinion the Return should have been into this House. For a Writ of Error sued here, the Writ used to be returned hither, as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7.

It would seem by Trewinnards Case 38 H. 8. that a Writ of privilege is never returned, but the party appearing the Court proceedeth.

M ^r Speaker desired to know of the House if for their better Information, they would give him leave to speak; which the House willingly granted.

Whereupon he said: For the discharge of my own duty, and informing of your Judgments, who I know will judge wisely and justly, I will deliver unto you what I have learned, and what I have observed; forever since the lodging of this Parliament, I have thought upon and searched after this Question, not particularly for this Cause, but this point, the privilege of the House; for I judged it, would come in question for many occasions.

The Question is drawn to two Heads, the one about the Writ, the other about the Return.

First, Whether the Writ might have gone out of this House. I will tell you plainly my opinion, I beseech you let me not be ill thought of, if I be rude in what I say, for it is my fault, I cannot speak so mildly as some; but my manner is, that which I speak, I speak sharply and somewhat roundly, but always with this tacit Condition, submitting myself to any better reason that shall be shown me.

Though any Court of Record hath this Jurisdiction to make out Processes, yet this Court cannot. Why? this may seem strange, that every Court in Westminster, every Court that hath Causes of Plea, every Lord's Leet, and every Court Baron hath his power, that they may make out Process; yet this Court being the highest of all Courts cannot; how can this be? The nature of this House must be considered; for this Court is not a Court alone; and yet there are some things wherein this Court is a Court by itself, and other things wherein it is no Court of itself.

To know then how we are one House, and how we can be divided Houses, this would give great light to the Question.

At the first we were all one House and sat together, by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred. For there were Parliaments before the Conquest. This appeareth in a Book which a grave Member of this House delivered unto me, which is Intituled Modus tenendi Parliamentum; out of that Book I learn this, and if any man desire to see it, I will show it him. And this Book declareth how we all sat together, but the Commons sitting in presence of the King and amongst the Nobles disliked it, and found fault that they had not free liberty to speak. And upon this reason that they might speak more freely, being out of the Royal sight of the King, and not amongst the great Lord's so far their betters, the House was divided and came to sit asunder.

A bold and worthy Knight at the time when this was sought, (the King desiring a reason of this their request, and why they would remove themselves from their Betters) Answered shortly, That his Majesty and the Nobles being everyone a great person, represented but themselves; but his Commons though they were but inferior men, yet everyone of them represented a thousand of men. And this Answer was well allowed of.

But now though we be divided in Seat, be we therefore divided Houses? No; for if any Writ of Error be brought, as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament, that is, to the whole House, and chiefly then to the Upper House, for we are but a limb of the House. Now where a Record is removed upon a Writ of Error given to another Court, the manner is, that the chief of that Court bring the Writ in his hand to the House: But humbly showeth unto the House, that the Record being remitted out of the Court, no Execution can go forth though the Judgment be affirmed. The Court of Parliament thereupon maketh Transcript of the whole Record, and returns the Record again to the Court; but if the Judgment be reversed, then the Record itself is Cancelled and rased. This I read in my Book.

For in this Case, whatsoever a man tells me 〈◊〉 believe it not unless I see it written, Non lego non credo, in these Cases. In the twenty third of the Queen, I was of Council with one in a Cause where we tried all means to reverse a Judgment, and brought a Writ of Error in the Parliament, and the Writ was issuing out of the Parliament, and upon the fieri facias was set Domina Regina, and it was under the Great Seal of England, and the Writ was returned in Parliament.

So this is plain the Writ is always returnable in Parliament; but if in Parliament, then of the Upper House, for of that House we are but a Limb. This Writ I have seen then thus returned, but never any man saw a Writ returnable in the Lower House; so for this I hold the Writ cannot be returnable into this House.

But now for the Authority we have, for though this be true, I say, yet I speak not to take any privilege from this House; for some things there are wherein we have Authority all of us. But this is certain whatsoever we do sedente Parliamento, it is the Act of the whole Court; for the Lord's without the Commons, and the Commons without the Lord's, can do nothing: Now then at the first before the division of the House, all Writs were returned proximo Parliamento; but since the division of the House it hath been always used, and plainly it must be returned into Chancery.

And to say we cannot have notice of it, nor cannot judge upon the Record being in Chancery plainly, we may as well as we do upon the Return of every Burgess which is made into the Chancery, and the Cause is all one.

And the Chancery in making the Writ will not alter from that their Warrant made from this House, which must be according unto ancient form: for waiting the other day upon my Lord Keeper by your Commandments for the making of this Writ, I desired to have a recital added in these words, Quod cùm existente Parliamento captus fuit, &c. with the recital of the Cause of privilege. My Lord Keeper conferring with the Judges upon it, would not allow it, but thought better the usual form of Habeas Corpus should be kept without any suspicion of privilege, until there appeared a Cause of privilege for the party.

As for the Book of 38 H. 8. Trewinnards Case recited in my Lord Diers, I have heard great learned men say, that that Cause is no good Law, and that the House did more than was warrantable.

Now for the Motion of Conference with the Judges, the Case of Thorpe 31 H. 6. is not able for this point: I have the Record. Thorpe was Speaker in that Parliament, The Parliament being Summoned to be in June, it was Prorogued until September; in the mean time, Thorpe was taken in Execution by the Duke of York; he notwithstanding this thought to have had the privilege of the Parliament. At the next Sessions, the matter being greatly considered, whether he could have a privilege or no, a Conference was had in the Cause with the Judges; the Judges being required in humble sort refused, except it were so that the House did command them (for in the House of Parliament the chief Judges and their Judgments are controulable by the Court) but if the House did command them, they would be willing to inform them what in their opinions they knew and thought.

This they did in the great Cause of Thorpe, and I think we should do well in doing the like.

Now another thing is to be considered, for Judicis Officium est ut res it a temperari, &c. The consideration of Time must accompany a Judges Office, the Parliament draweth to an end, and this would be done with expedition; so the party was appointed to have his Council the next Morning in the Parliament, and they to be heard and have the advice of the Judges. Vide the Resolution and Conclusion of this business upon Thursday the 5 ^th day of this instant April ensuing.

Thus far out of the aforesaid Anonymous Journal; the residue of this days Passages and part of the next are inserted out of the Original Journal-Book itself.

M ^r Francis Bacon one of the Committees in this Bill for relief of Maimed Soldiers and Mariners (appointed on Monday the 2 ^d day of this instant April foregoing) shown the meeting and travel of the said Committees and sundry Amendments thought good to be offered by them to this House; and showing the same Amendments with the reasons of them to the House, the same Amendments were well liked of by this House, and assented to be inserted into this said Bill; and after the twice reading of the said Amendments, the said Bill so being amended was upon the question Ordered to be engrossed.

Post Meridiem.

Four Bills of no great moment had each of them one reading; of which the first being the Bill for Naturalizing of Justin Dormer and George Sheppy born beyond the Seas, had its first reading.

On Wednesday the fourth day of April, M ^r Barker one of the Committees in the Bill concerning Spinners and Weavers (who had been appointed on Monday the 26 ^th day of March foregoing) shown the meeting and travel of the Committees and their Amendments to the Bill, praying the reading of the same Amendments; which being read and ordered by the House to be inserted into the Bill, the same Amendments were afterwards twice read, and the Bill was upon the Question Ordered to be Ingrossed.

M ^r Wroth, one of the Committees in the Bill concerning Brewers, shown the meeting and travel of the Committees, and their Amendments to the said Bill, and prayeth the reading of the same Amendments; which being read, and Ordered by the House to be inserted in the said Bill, and also twice read afterwards, was upon the Question Ordered to be engrossed.

The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesty's Reign, Intitled an Act to retain the Queens Majesty's Subjects in their due obedience, with some Amendments to the same, was read the second time. Upon which divers Speeches passed in the House before the said Bill was committed, some of them being of very good moment. Which because they are omitted in the Original Journal-Book itself, are therefore supplied out of the often before recited Anonymous Journal in manner and form following.

Sir Thomas Cecil, Doctor Lewen, M ^r Sands, Sir Thomas Heneage, Sir Edward Dimock and some others spake diversely to this Bill touching the Explanation of a Branch of the Statute made in Anno 23 Regin. Eliz. for reducing disloyal Subjects to their due obedience, as is aforesaid.

Sir Walter Raleigh said, In my conceit the Brownists are worthy to be rooted out of a Commonwealth: But what danger may grow to ourselves if this Law pass, it were fit to be considered. For it is to be feared, that men not guilty, will be included in it. And that Law is hard that taketh life and sendeth into banishment, where men's intentions shall be judged by a Jury, and they shall be Judges what another means. But that Law that is against a Fact, is but just; and punish the fact as severeley as you will.

If two or three thousand Brownists meet at the Sea, at whose charge shall they be transported, or whither will you send them? I am forry for it, I am afraid there is near twenty thousand of them in England, and when they be gone, who shall maintain their Wives and Children.

M ^r Finch said, There be great faults in the Preamble and in the Body of this Bill. It pretendeth a punishment only to the Brownists and Sectaries, but throughout the whole Bill, not one thing that concerneth a Brownist; and if we make a Law against Barrowists and Brownists, let us set down a Note of them, who they are. But as the Bill is, not to come to Church, or to speak against the government established, this is not the opinion of the Brownists.

The Law that is entitled An Explanation, is nothing else, save that it hath a name of it. For Laws Explanatory are no New Laws of themselves, but part of the old; for there ought to be nothing in the declaratory Law that was not in the former, as appeareth in the Cause of Surnand and Stowell, the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7.

This Law being allowed to be an Explanation of 25. maketh all the offenders in that Statute to be Traitors. This Law excepts no Person; So all are in the former penalties of that Law: for 23 of Eliz. is only for such as are of the Romish Religion; and now to make it include all the opinions, is to make additions to that but no Explanations.

The Clause of speaking against the Law is very dangerous; For who can be safe from this? Non Hospes ab hospite tutus. For if a man speak against Non-Residents, Excommunication as it is used, or any other abuse in the Church, he incurs the danger of the Law.

The Clause against Conventicles is very dangerous. For the Conference of any Persons together being of any number, the Prayers of Holy Exercise, being not allowable in any place by the Law, is an assembling against the Laws: for the words be very strict, howsoever not contrary to the Law, the offense is all one.

Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the Queen, but such as are intended in this Statute. And the annexing of the words, He must be an obstinate Recusant, and also write and speak, &c. This is very suspicious, for Obscuris vera is never good.

Whosoever repaireth not to his own Parish Church is a Recusant within this Law. Vide Apr. 6. die Veneris sequent.

Thus far out of the aforesaid Anonymous, Journal; the residue of this days passages and part of the next are transcribed out of the Original Journal-Book itself.

After which said Speeches touching the Bill of Explanation of the Branch of a Statute made in the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience, the said Bill in the end was committed unto all the Privy Council, Sir Walter Raleigh, Sir Henry Unton, Sir Francis Hastings, Doctor Jo. James, Doctor Lewen, M ^r Doctor Caesar, Sir William Moore, M ^r Francis Bacon, M ^r Serjeant Harris, M ^r Wroth, Sir Thomas Cecil, M ^r Finch, M ^r Skinner, M ^r Mainard, M ^r George Moore, Sir Henry Cock, M ^r Fuller, Mr. Robert Knowls, Sir William Knowls, Sir Edward Dymock, Sir Edward Stafford, Mr. Edward Lewkenor, Mr. Henry Brett, Mr. Periam, Sir Thomas Dennies, Sir Robert Sydney, Mr. Wroth, Sir. William Bows, Mr. Atie, Mr. Helcroft, Sir Thomas West, Sir Matthew Morgan, M ^r Berkeley, Mr. Sands, Mr. Boucher, Mr. John Payton, Sir Richard Molineux, Mr. Tasborough, Mr. Horsey, Mr. Attorney of the Duchy, Mr. Finch, Mr. Fuller, Mr. Amersam, Sir George Cary, and Sir George S ^t Poole, and the Bill was delivered to Mr. Treasurer, who with the rest was appointed to meet in this House, to Morrow at two of the Clock in the Afternoon.

Mr. Serjeant Owen and Mr. Attorney General do bring word from the Lord's, that their Lordships do pray Conference with some selected Members of this House to be held this Afternoon, touching the Bill for the reviving, continuance, explanation and perfecting of certain Statutes lately passed this House, and sent up to their Lordships, and do show that their Lordships for that purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and Mr. Serjeant Owen being sequestered, and the Message declared to the House by Mr. Speaker, it was required by the House, that forasmuch as the Bill last read was then, and long before had been in dispute and Argument, Answer thereof might be returned unto their Lordships, that this House prayeth that a Committee of this House may rather wait upon their Lordships in the Afternoon (for that the House is now occupied in Speeches and Arguments to a Bill which came into this House from their Lordships) Which being so signified to the said M ^r Serjeant Owen and M ^r Attorney General accordingly, shortly after M ^r Doctor Carey and M ^r Powle brought word from the Lord's, that their Lordships would be ready this Afternoon to confer with the Committees of this House, in the Chamber next to the Upper House. Which done, it was Ordered that the former Committees of this House, (who had been nominated on Monday the 28 ^th day of March foregoing) be appointed to attend their Lordships at the said time and place, and a note of the Committees names were delivered to M ^r Treasurer.

On Thursday the 5 ^th day of April, the Bill for true Assizing and marking of Timber was read the second time, and committed unto M ^r George Moore, M ^r Dalton, M ^r Wroth, M ^r Brown, Sir John Hart and others, and the Bill was delivered to the said Sir John Hart, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

M ^r Serjeant Owen and M ^r Doctor Powle do bring from the Lord's a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth year of King Henry the Eighth, as well touching Grants made to his Majesty, as for Confirmation of the Letters Patents made by his Highness to others, and do pray from their Lordships the speedy Execution of the same.

M ^r Vice-Chamberlain, one of the Committees with the Committees of the Lord's in the Bill for reviving, continuing, explanation and perfecting of certain statutes, showeth the meeting and Conference with the Committees of the Lord's, and that their Lordships have thought good to add some small Amendments to the said Bill; and a Proviso also for her Majesty's Prerogative in the point of Transportation of Corn, as the like whereof was in the Statute of 13 ^o of her Majesty's Reign.

Nota, That the business so much before agitated touching M ^r Fitzherbert received this day the final resolution of the House, as is plainly set down in the often before-cited Anonymous Journal, although it be wholly omitted in the Original Journal-Book itself, which said Case was singly this. Thomas Fitzherberts being elected a Burgess of the Parliament, two hours after his Election and before the return of the Writ to the Sheriff with the Indenture of his Election, the said Sheriff Arresteth him upon a Capias utlagatum in an Outlawry after Judgment at the Queens Suit (as may be collected out of the reasons given of their said Resolution) and then his Indenture was returned to the Sheriff. Upon all which matters there grew two Questions; First, whether the said M ^r Fitzherbert were a Member of the House; And secondly admitting he were, yet whether he ought to have privilege. Which said matters having been formerly much debated on Thursday the first day, Friday the second, Saturday the 17 ^th day, and on Friday the 30 ^th day of March last past, as also on Tuesday the third day of this instant April foregoing, received now at last the Judgment of the House, which is inserted out of the aforesaid Anonymous Journal in manner and form following.

The Judgment of the House was, That Thomas Fitzherbert was by his Election a Member thereof; yet that he ought not to have privilege in three respects. First, Because he was taken in Execution before the return of the Indenture of his Election; Secondly, Because he had been Outlawed at the Queens Suit, and was now taken in Execution for her Majesty's debt; Thirdly and lastly, in regard that he was so taken by the Sheriff, neither Sedente Parliamento, nor eundo nor redeundo.

Thus far out of the aforesaid Anonymous Journal; the rest of this present Journal that ensueth to the very end and dissolution thereof is wholly supplied out of the Original Journal-Book itself.

The Bill concerning Clapboards and Casks (which as it seemeth was read presently after the foresaid resolution of the House given in the said Case of M ^r Fitzherbert ) had the third reading and passed upon the Question.

M ^r Attorney General and M ^r Doctor Carey do bring from the Lord's the Bill for renewing, continuing, explanation and perfecting of certain Statutes, lately passed this House with some Amendments, and a Proviso; which Bill was sent up to their Lordships from this House.

The Bill for necessary relief of Soldiers and Mariners was read the third time, and passed upon the Question.

Upon a Motion made by Francis Neal Esq, one of the Burgesses for the Borough of Grantham in the County of Lincoln, That he was upon Sunday last in the Afternoon Arrested upon an Execution by a Serjeant called John Lightburn, at the Suit of one Wessellen Weblen a Beer-Brewer; and showing further, that he had satisfied the money due upon the said Execution; but yet nevertheless in regard of the preservation of the Liberties and privileges of this House thought it his duty to make this House acquainted with the matter, and so refer and leave it to their grave Wisdoms. Whereupon it was upon the Question Ordered, that the Serjeant of this House should in the name of this House give warning unto the said Weblen and Lightborn to give their attendance upon this House to Morrow, to answer their contempt accordingly. Vide diem sequentem.

On Friday the 6 ^th day of March, Two Bills of no great moment had each of them one reading; of which the second being the Bill for restraint of new building, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster, was upon the second reading committed unto all the Privy-Council, the Knights and Burgesses of London, M ^r Francis Bacon and others; and the Bill was delivered to M ^r Wroth, one of the said Committees, who with the rest was appointed to meet this Afternoon in the Exchequer Chamber.

The Bill concerning Devonshire Kerseys was read the third time and passed upon the Question.

The Proviso in the Bill for reviving, continuing, Explanation and perfecting of certain Statutes (the Amendments being first read and Ordered afterwards to be inserted) was three times read, and they were all passed upon the question accordingly.

The Proviso of the Lord's to explain the Amendments of this House in the Bill which passed their Lordships and was sent down to this House for the restraining of Popish Recusants to some certain places of abode, was three times read and passed upon the Question.

The Bill to make void the Spiritual Livings of those that have forsaken the Realm, and do cleave to the Pope and his Religion, was read the third time and passed upon the Question.

Eight Bills which lately passed this House, viz. the Bill to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts, The Bill concerning Spinners and Weavers, The Bill touching Clap-boards and Casks, The Bill for relief of Soldiers and Mariners, The Bill concerning Devonshire Kerseys, The Bill for reviving and perfecting divers Statutes, with a new Proviso, The Bill for restraining of Popish Recusants to some certain places of abode, And the Bill to make void the Spiritual Livings of those that have forsaken the Realm, and do cleave to the Pope and his Religion, were sent up to the Lord's by M ^r Treasurer and others.

M ^r Doctor Carey and M ^r Powle do bring from the Lord's a Bill Intituled An Act for the avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm; and prayed from their Lordships the speedy expediting of the same Bill, for that this Parliament draweth near unto an end. Whereupon the same Bill was twice read and committed unto Sir Walter Raleigh, Sir Francis Drake, M ^r Lewkenor, M ^r Wroth, M ^r Finch and M ^r Flower; and the Bill was delivered to Sir Francis Drake, who were appointed to meet in the Afternoon of this present day.

The Bill against persons Outlawed and such as will not pay their debts was read the second and third time, and dashed upon the question.

M ^r Vice-Chamberlain, one of the Committees in the Bill for Explanation of a branch made in the twenty third year of her Majesty's Reign Intituled An Act to retain the Queens Majesty's Subjects in their due obedience, with some Addition to the same, shown the meeting of the said Committees yesterday, their long tarrying together, in the end their desisting without any determinable resolutions, occasioned by reason of many and sundry Arguments and opinions, and afterwards somewhat intimating the unkindness of the Lord's in neglecting the said Bill in this House; adviseth, that a Conference be prayed with their Lordships for the better effecting of a convenient Law to be provided for meeting with the disordered Barrowists and Brownists, without peril of intrapping honest and loyal Subjects. Which in the end after sundry Speeches both with the Motion and against it, it was presently upon the Question assented unto, and Ordered, that M ^r Vice-Chamberlain, accompanied with a convenient number of the Members of this House, should presently repair to the Lord's to move the said Conference accordingly. Which so being done, the said M ^r Vice-Chamberlain shown, that their Lordships had willingly assented unto the said Conference, and did appoint for that purpose the time to be at two of the Clock this Afternoon in the accustomed place. Which done, it was Ordered that the former Committees (who were appointed on Wednesday the 4 ^th day of this instant April foregoing) should then and there attend their Lordships. And the Bill was delivered to M ^r Vice-Chamberlain.

Wesselen Weblen Beer-Brewer and John Lightburn Serjeant at Mace, being present at the Bar, and charged by M ^r Speaker very deeply and amply with their great contempt against the Authority and Jurisdiction of this most High Court of Parliament, in Arresting of M ^r Francis Neal, one of the Members of this Honorable Assembly, to the great prejudice and derogation of the ancient and usual Liberties and Privileges of this House; They the said Weblen and Lightburn humbly submitted themselves, and pretended by Ignorance to extenuate their faults. Which done, and they being sequestered, after some Speeches and debates touching the punishment of the said Weblen and Lightburn, someone way and some another; it was in the end resolved upon the Question, that they should be committed Prisoners to the Tower by Order of this House, there to remain during the pleasure of this House. And then afterwards the said Weblen and Lightburn being brought in again to the Bar, M ^r Speaker remembering again unto them the heinousness of their offense, pronounced unto them the said Judgment of this House; and gave charge unto the Serjeant of this House to deliver the said Weblen and Lightburn unto M ^r Lieutenant of the Tower according to the said Order and Judgment of this House against them. Vide in principio diei praecedentis.

On Saturday the 7 ^th day of April, the Bill concerning Coopers was upon the second reading committed unto M ^r Serjeant Harris, M ^r Dalton, M ^r Wroth and others, and the Bill was delivered to Sir John Hart one of the same Committees, who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

The Bill for Naturalizing of Justin Dormer and George Sheppy, was upon the second reading Ordered to be engrossed.

M ^r Finch, one of the Committees in the Bill for the avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm, shown the meeting of the Committees and some few Amendments to the Bill, praying the reading of the same Amendments; which being read and allowed by the House, the said Amendments were twice read, and the Bill and the said Amendments also read the third time and passed upon the Question accordingly.

Sir John Hart, one of the Committees in the Bill for the true assizing and marking of Timber (appointed on Thursday the 5 ^th day of this instant April foregoing) shown the meeting of the Committees, and their opinion of nothing fit to be done without much inconvenience in the said Bill at all, and so delivereth in the said Bill again to the House.

The Bill for the Explanation of the Statute made in the thirty fourth year of King Henry the Eighth, as well touching Grants made to his Majesty, as for Confirmation of Letters Patents made by his Highness to others, was upon the second reading committed unto all the Privy-Council, M ^r Amersham, M ^r Attorney of the Duchy, Sir Francis Drake, Sir Walter Raleigh and others; and the Bill was delivered to Mr. Chancellor of the Exchequer, together with the Committees Names, who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

Mr. Tasborough moveth the reading of the Amendments of the Bill for the ease of Jurors returned upon Trial, which Amendments being twice read, the Bill was upon the Question Ordered to be engrossed.

Mr. Vice-Chamberlain, one of the Committees in the Bill for Explanation of a branch of a Statute made in the twenty third year of her Majesty's Reign Intituled An Act to retain the Queens Majesty's Subjects in their due Obedience, with some Additions to the same (who had been appointed on Wednesday the 4 ^th day of this instant April foregoing) shown the meeting with the Lord's in Conference, and withal the very honorable and grateful acception and allowance of their Lordships unto all the reasons of this House offered unto their Lordships by the said Committees of this House; and so concluding shown that such Additions, Substractions and Alterations have been made, as by the good liking as well of the said Committees of the Lord's. as by the more part of the said Committees of this House was thought fit; and so moved that the same Additions, Substractions and Alterations might be read to the House for the further liking of this House in the same, at their pleasures. Which being so read accordingly, it was after sundry contrary Arguments Ordered, that some of the former Committees of this House should presently have further consideration thereof in the Committee Chamber of this House, which was thereupon so done accordingly. Vide concerning this matter on Wednesday the 4 ^th day of this instant April foregoing.

M ^r Serjeant Owen and M ^r Doctor Ford do bring from the Lord's the Bill lately passed this House for M ^r Anthony Cook, with a saving now added by their Lordships; And the Bill also for the Relief of Soldiers and Mariners, likewise lately passed this House, with some Additions now also added to the same by their Lordships.

The saving in the Bill for M ^r Anthony Cook lately sent down to this House from the Lord's, was three times read, and so passed upon the Question.

The additions in the Bill for the relief of Soldiers and Mariners lately sent down to this House by the Lord's were three times read, and upon the Question passed, and were ordered to be inserted into the same Bill.

The Bill concerning Brewers and the Brewing of Beer and Ale was read the third time, and passed upon the Qestion.

The Bill for maintenance of Cloth-making in the Town of Crambrook in the County of Kent was read the second time, and Ordered not to be committed.

The Bill for naturalizing of Justin Dormer and George Sheppy had its third reading, and passed upon the Question.

The Bill for Explanation of a Branch of a Statute made the 23 ^th of her Majesty's Reign, entitled An Act to retain the Queens Majesty's Subjects in their due obedience, with some Additions to the same, was read the third time; And all the Additions and Amendments of this House to the same Bill being also three times read, the said Bill with some Additions and Amendments passed upon the Question.

On Monday the 9 ^th day of April, Wesselen Weblen Bear-Brewer and John Lightburn Serjeant at Mace Prisoners at the Bar, are after admonition given them by M ^r Speaker discharged by the Order of this House of their Imprisonment, paying their Fees. Vide concerning this matter on Thursday the 5 ^th day and on Friday the 6 ^th day of this instant April immediately foregoing.

M ^r Chancellor of the Exchequer, one of the Committees in the Bill for Explanation of a Statute made in the thirty fourth year of King Hen. 8. as well touching Grants made to his Majesty, as for Confirmation of Letters Patents made by his Highness to others, shown the meeting of the Committees, and that they have considered of some small amendments; and shown further, that four several Provisoes were offered to them touching the said Bill, one by M ^r Adams and one by M ^r ..... Tipper, and one by M ^r Daws; and so offereth both the Bill and the Amendments, and the said former Provisoes also, leaving all the same to the further consideration of this House.

Six Bills which last passed this House; of which the first was the Bill for avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm, and the second for Mr. Anthony Cook, were sent up to the Lord's by Sir Robert Cecil and others.

Upon sundry arguments touching the Proviso offered by Sir Thomas Shirley to the Bill for Explanation of the Statute of 34 Hen. 8. &c. it was upon the Question denied to be received, and the Proviso for Mr. Stanhop was upon the Question and division of the House denied to be received, with the difference of forty Persons, viz. with the No one hundred twenty nine, and with the Yea eighty nine.

Mr. Serjeant Owen and Doctor Carey do bring word from their Lordships that their Lordships do desire to know whether this House have any Bills ready to send up unto them, showing that their Lordships are now at good leisure: And willed them to put this House in remembrance of the expediting of two Bills which were sent from their Lordships to this House, viz. the Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8. a Bill touching Grants made to his Majesty, as also for Confirmation of Letters Patents made by his Highness to others; and the Bill for restraint of new Buildings, &c. Which Message being opened to the House, Answer was made that one of the said Bills being presently in debate in the House, should by and by be returned unto their Lordships.

The Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8 as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others, was read the third time, and passed upon the Question, and was presently sent up to the Lord's by Mr. Vice-Chamberlain and others.

Mr. Fuller, one of the Committees in the Bill for restraint of new Buildings and converting of great Houses into several Tenements and restraint of Inmates, and Inclosures in and near the Cities of London and Westminster (who had been appointed on Friday the 6 ^th day of this instant April foregoing) shown the meeting and Travel of the Committees and their Opinions for leaving out of one Clause in the Bill, and gave the Reasons; which being liked of and allowed by the House, the Bill was read the third time, and after many Arguments both for the Bill and against the Bill, it passed upon the Question.

On Tuesday the 10 ^th day of April Sir John Hart, one of the Committees in the Bill concerning Coopers (appointed on Saturday the 24 ^th day of March foregoing) brought in the Bill again, as not dealt in by the Committees for lack of convenient time.

The Bill for restraint of new building, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the Cities of London and Westminster, with one amendment to the same Bill, was sent up to the Lord's by M ^r Treasurer, Sir John Wolley and others, with a remembrance to move their Lordships for sending down the Bill for the Grant of three entire Subsidies and six Fifteenths and Tenths granted by the Temporalty, to the end M ^r Speaker may this Afternoon present the same unto her Majesty according to the former accustomed usage of this House.

M ^r Serjeant Owen, M ^r Attorney General and M ^r Powle do bring from the Lord's an Act entitled An Act for the Queens Majesty's most Gracious general and free Pardon.

The Bill entitled an Act for the Queens Majesty's most gracious general and free Pardon was read, and then passed upon the Question, and was presently sent up to the Lord's by Mr. Chancellor of the Exchequer and others.

Post Meridiem.

This day in the Afternoon the Queens Majesty came into the Upper House of Parliament, and there sitting in her Royal Throne, M ^r Speaker accompanied with the Knights, Citizens and Burgesses of the House of Commons, repaired unto the said Upper House, where making an Excellent Oration unto her Highness, and giving unto her Majesty most humble thanks on the behalf of this House for her Highness most gracious and favorable acceptation of their dutiful service, and offering unto her Majesty in their names the Act for three entire Subsidies and six Fifteenths and Tenths, her Highness gave the Royal assent to fourteen public Bills and thirteen private Bills, and so dissolved this Parliament.

THE JOURNAL OF THE House of LORD'S.

An exact and perfect Journal of the House of Lord's in the Parliament holden at Westminster, Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 ^th Day of October, and then and there continued until the Dissolution thereof on Thursday the 9 ^th Day of February Anno 40. Reginae ejusdem.

THIS Journal of the House of Lord's and all the rest that have since followed both the Queens Reign and in the Reigns of King James and King Charles her Successors, unto this present year 1629. have been more exactly and largely taken than before. For Thomas Smith Esquire now succeeding unto Anthony Mason Esquire, formerly Clerk of the said House of Lord's, was much more careful in observing and setting down the daily passages thereof this Parliament than the said M ^r Mason had been. In which, the said Sir Thomas Smith's successors (for he was afterwards Knighted) have much exceeded him also, by the large and diligent digesting of the particular agitations of every day upon which the said House did sit. Only the Return of the Proxies (as is presently more fully declared) was more distinctly entered by the abovenamed M ^r Anthony Mason, than hath been since accustomed. At this Parliament also there succeeded a new Lord Keeper: For Sir John Puckering deceasing in A. D. 1596. the Custody of the Great Seal was committed unto Sir Tho. Egerton, then her Majesty's Attorney General, who at this present and many years after supplied that place. Neither finally doth this ensuing Journal want either matter of rarity in respect of the Lord La Ware's right settling in his former place, which had been for a while discontinued, or matter of very good Precedent in respect of some Questions that arose betwixt the two Houses touching the manner and form of the Lord Keeper's delivering the Answer of the Lord's to such Members of the House of Commons as should at any time be sent up unto their Lordships with any Message or Bill.

Before the particular Relation of each days passages in this present Parliament be inserted out of the Original Journal-Book of the Upper House, the extraordinary and unusual Proxies (entered also at the beginning thereof) which had been returned and delivered in unto the Clerk of the said House during the continuance of the same, are here in the next place to be transcribed and set down all of them together, and cannot be so orderly digested, and referred to each day on which they were returned, as formerly they have been. For whereas before this Parliament Henry Spilman and Anthony Mason Esquires, who had been successively Clerks of the said Upper House, did usually enter the said Proxies at the beginning of each Journal, upon the days on which they were introducted or returned; Now Thomas Smith Esquire succeeding the said Anthony Mason, did only generally enter them at the beginning of this present Journal, as had been formerly accustomed, without any distinct setting down the several days on which they had been introducted & delivered unto him. Which course having been also since followed unto this present year 1629. the said Proxies can be no more referred to their proper days, but must be once for all generally set down in this present Journal and in divers others ensuing before the beginning of the said Journal, in manner and form following.

Literae procuratoriae in hoc Parliamento sunt allatae

Archiepiscopi Eboracen' Matthaei, &c. qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien', Richardum Episcopum London', Tobiam Episcopum Dunelmen', & Richardum Episcopum Cestren' conjunctim & divisim.

Nota, That whereas there is an, &c. after the word Matthaei in the Proxy foregoing, it seemeth that these words are left out, viz. absentis ex licentia Dominae Reginae; and so if nothing had been omitted, the said Proxy, as may very probably be conjectured, should have been thus inserted, Archiepiscopi Eboracen' Matthaei absentis ex licentia Dominae Reginae, qui Procuratores, &c. as is before set down.

Nota also, That these Proxies are all entered in the Genitive Case, and must therefore be severally referred to those foregoing words, viz. Literae Procuratoriae in hoc Parliamento sunt allatae

Tobiae Episcopy Dunelmen', qui Procuratores suos constituit Richardum Episcopum London', Johannem Episcopum Wintonien' & Herbertum Episcopum Hereforden' conjunctim & divisim.

Johannes Episcopy Carliolen', qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien'.

Willielmi Episcopy Asaphen', qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien', Richardum Episcopum London', & Johannem Episcopum Bathon' & Wellen', conjunctim & divisim.

Willielmi Episcopy Lincoln', qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien'.

Herberti Episcopy Hereforden', qui suos Procuratores constituit Episcopos Roffen', Coventr' & Litchfield', & Norwicen'.

Antonii Episcopy Meneven', qui Procuratores suos constituit Episcopos Wigorn', Bathon' & Wellen', & Norwicen'.

Note that the Bishops Proxies are set before the Proxies of the Temporal Lord's, not because (as I suppose) they were all returned first, but because of their Ecclesiastical Dignity, and in respect that the Archbishop of Canterbury, one of their Order, is the first Peer of the Realm. Whence also their names are usually first set down in the Journal-Book, where the presence of the Lord's is noted each day when they sit, as long as the Parliament continueth.

There were also nine Temporal Lord's which this Parliament sent their Proxies, but in respect that according to the common use, each of them constituted but one Proctor apiece, they are omitted as not worthy the observation. Only the last of them, being the Lord Willoughbies Proxy of Eresby, I thought good to have inserted, because some exotic Titles are given him it it, viz.

Peregrini Domini Willoughby Beake & Eresby, qui suum Procuratorem constituit Edwardum Dominum Zouch.

Nota, That all the foregoing Proxies, which were sent from the Bishops, were extraordinary or unusual Proxies, in which a Spiritual Lord did constitute but one Proctor or more than two; whereas usually the Bishops do constitute two Proctors apiece, and the Temporal Lord's but one.

And now the aforesaid Proxies being thus inserted, the particular relation of some Passages of each day during the continuance of this Parliament are in the next place transcribed out of the Original Journal-Book of the Upper House, and some part also now at the very beginning out of a certain fragmentary and imperfect Journal of the House of Commons taken at this Parliament by a Member of the same.

On Monday the 24 ^th day of October the Parliament began, and her Majesty with the greatest part of the Nobility, and others, in great state and comely manner, came from her Palace of Whitehall towards Westminster Church about one of the Clock in the Afternoon, riding in a Chariot open, all covered over head Canopy-wise with Cloth of Tissue or Cloth of Silver. Where after she had heard a Sermon, she went on foot to the Parliament House.

The Lord's Spiritual and Temporal present this day in the Upper House with her Majesty are set down in the Journal-Book to be these.

Johannes Archiepiscopus Cantuarien'.
Thomas Egerton Miles, Dominus Custos magni Sigilli.
Dominus Burleigh Dominus Thesaurarius Angliae.
Marchio Winton'.

Comites.

Comes Sussex, Magnus Marescallus.
Comes Nottingham, Magnus Senescallus.
Comes Northumbr'.
Comes Salop'.
Comes Kantiae.
Comes Wigorn'.
Comes Cumberland.
Comes Bedford.
Comes Hartford.
Comes Lincolniae.
Vice-Comes Bindon.

Episcopy.

Episcopus London'.
Episcopus Winton'.
Episcopus Roffen'.
Episcopus Covent'. & Litchf.
Episcopus Gloucestren'.
Episcopus Peterburgen'.
Episcopus Hereford.
Episcopus Wigorn'.
Episcopus Bathon'. & Wellen'.
Episcopus Meneven'.
Episcopus Norwicen'.
Episcopus Lincoln'.
Episcopus Landaven'.
Episcopus Cestren'.
Episcopus Cicestren'.

Barones.

Dominus Hunsdon Camerar'.
Dominus Zouch.
Dominus Berkley.
Dominus Morley.
Dominus Cobham.
Dominus Stafford.
Dominus Scroope.
Dominus Dudley.
Dominus Lumley.
Dominus Darcy de Menell.
Dominus Sands.
Dominus Windsor.
Dominus Cromwell.
Dominus Wharton.
Dominus Rich.
Dominus Willoughby de Parham.
Dominus Sheffield.
Dominus Darcy de Chiche.
Dominus North.
Dominus Shandois.
Dominus S ^t John de Bletso.
Dominus Buckhurst.
Dominus Compton.

These Lord's Spiritual and Temporal being sat and her Majesty placed in her Chair of Estate, the Knights, Citizens and Burgesses of the House of Commons upon notice thereof repaired thither; and being (as many as conveniently could) let in, Sir Thomas Egerton by her Majesty's Commandment spake as followeth, viz.

THE Queens most Excellent Majesty, my most Gracious and Dread Sovereign, hath commanded me to declare unto you my Lord's, and others here present, the Causes which have moved her Highness to summon this High Court of Parliament at this time. Which before I can express, I must confess truly, That the Royal presence of her Majesty, the view of your Lordships and this honorable Assembly, together with the consideration of the weightiness of the service and my own weakness, do much appal me, and cause me to fear. Wherefore if either through fear I forget, or through the many wants and imperfections, which I have, I fail to perform that duty which is required, I do most humbly crave pardon of her Majesty, and beseech your Lordships to bear with me.

The great and Princely Care which her Highness now hath, as heretofore she hath ever had, to preserve her Kingdoms in Peace and Safety from all Foreign Attempts, hath caused her at this present to assemble this honorable and great Council of her Realm, to advise of the best and most needful means whereby to continue this her peaceable happy Government, and to withstand the malice of her weighty and implacable Enemies, which hitherto by the space of many years, through her provident and Princely Wisdom hath been performed, to the great and inestimable benefit of her Subjects, as that the simplest amongst them could not but see, and the wisest but admire their happiness therein, the whole Realm enjoying Peace in all Security wherein our Neighbor Countries have been torn in pieces and tormented continually with cruel and bloody Wars. This her Majesty is pleased to ascribe to the mighty Power and Infinite Mercy of the Almighty. And therefore it shall well become us all of all sorts most thankfully upon the Knees of our Hearts to acknowledge no less unto his holy name, who of his infinite goodness still preserves her Highness and send her many years over us all in Happiness to Reign.

In this her blessed Government her Highness chief care and regard above all hath been of the Honor and Service of Almighty God, that true Religion might be planted and maintained in the hearts of her people through all the parts of her Realms; and as well in that behalf, as for the peace and benefits of her Subjects she hath from time to time established many good Laws to meet with the disorders and to punish the offenses of wicked and ungodly men, that continuing in their bad ways they might not be hardened and go forward in their wickedness. For, Mora in peccato dat incrementum sceleri.

And whereas the number of Laws already made is very great, some of them being obsolete and worn out of use, others idle and vain, serving to no purpose; some again over-heavy and too severe for the offense, others too loose and slack for the faults they are to punish; and many so full of difficulty to be understood, that they cause many Controversies and much trouble to arise amongst the Subjects. You are to enter into a due consideration of the Laws, and where you find superfluity, to prune and cut off, where defect, to supply, and where ambiguity, to explain, that they be not burthensome but profitable to the Common-Wealth. Which being a Service of importance and very needful to be required; yet as nothing is to be regarded if due mean be not had to withstand the malice and the force of those professed Enemies which seek the destruction of the whole State, this before and above all is to be thought of, and with most endeavor and care to be provided for. For in vain are Laws made, and to little purpose will they serve, be they never so good, if such prevail as go about to make a Conquest of the Kingdom. Wars heretofore were wont to be made either of Ambition to enlarge Dominions, or of revenge to quit injuries: But this against us is not so; in this the Holy Religion of God is sought to be rooted out, the whole Realm to be subdued, and the precious life of her Excellent Majesty to be taken away. Which hitherto, by the powerful hand and great goodness of the Almighty, hath been preserved, mauger the Devil, the Pope and the Spanish Tyrant, and all the mischievous designs of all her Enemies. Wherefore it is high time that this be looked unto, and that no way be left unsought, nor means unused, which may serve for defense thereof. Her Majesty hath not spared to disburse a Mass of Treasure, and to sell her Land for maintenance of her Armies by Sea and Land, whereby with such small helps as from her Subjects have been yielded, she hath defended and kept safe her Dominions from all such forcible attempts as have been made. Which being still to be performed by infinite charge, her Majesty doth notwithstanding hear of nothing more unwillingly than of Aids and Subsidies to be returned from her people, though what she doth receive, she doth carefully bestow and infinitely more of her own. The Taxations at this day, howsoever they seem, are nothing so great as heretofore in the Reign of former Kings they have been. In the time of Edward the third, the two next before him and those three which succeeded after him, the payments of the Commons did far exceed any that have been since her Majesty's Reign, which is of Record in Histories to be seen: but never cause so great to employ great sums of Money as now. Now therefore you are to consider how to provide needful and convenient Aid in some measure to maintain and support her Majesty's exceeding charge, which at this present she is at, and is to continue for the defense of the Realm. He cannot be well advised, who in this case will not be forward to contribute and bestow whatsoever he hath. For if with the Commonwealth it go not well, well it cannot be with any private or particular person, that being in danger. He that would seek to lay up Treasure, and so enrich himself, should be like to him that would busy himself to beautify his House when the City where he dwelleth, were on fire; or to deck up his Cabin when the Ship wherein he saileth, were ready to drown, so as perish he must of necessity either with it or for it. To spare in that Case is to spare for those which seek to devour all; and to give, is to give to ourselves, her Majesty's part only being carefully to bestow what is delivered into her hands. Wherein men performing their Duties, there is no Cause at all to fear; for this War is just, it is in defense of the Religion of God, of our most gracious Sovereign, and of our natural Country, of our Wives, our Children, our Liberties, Lands, Lives, and whatsoever we have.

Wherefore not mistrusting your forwardness, that I may not offend in too much enlarging of this point as a poor remembrance of her Majesty, I shortly say to your Lordships, quod justum est, necessarium est; nothing can be more just than this War; nothing ought to seem more necessary than carefully to provide due maintenance for the same.

And to you of the House of Commons, to the end you may orderly proceed and wisely consult of these weighty Causes delivered unto you, her Majesty's pleasure is, you should according to your accustomed manner, go down to the Lower House, and there make choice of some grave, wise, and Learned man among you to be your Speaker, who shall be for an understanding sufficient, and for discretion fit, as your Mouth to signify your minds, and to make your Petitions known to her Highness, and him on Thursday next to present in this place.

Nota, that this foregoing Speech of the Lord Keeper is not found in the Original Journal-Book, of the Upper House, but is supplied by me out of a Copy thereof lying by me, which I conceive to have been very truly transcribed out of the Original; and I have always conceived it most proper to refer this and such like other Speeches (if warranted by any good authority) to the Journal of the said Upper House, because they are delivered in it, and only for Order sake to have some short Memorial thereof in the Journal of the House of Commons.

As soon as the Lord Keeper had ended his Speech, and the Knights, Citizens and Burgesses were departed down to their own House, the Clerk of the Upper House read the Names of the Receivers and Triers of Petitions in French, which were as followeth, viz.

Receivers of Petitions for England, Ireland, France and Scotland.

Sir John Popham Lord Chief Justice, John Clinch one of the Justices of the Kings Bench, Francis Gaudy one of the Justices of the said Bench, Dr. Carew and Dr. Stanhop.

Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas, and the Isles.

Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas, Sir Willam Perriam Knight Lord Chief Baron, Thomas Walmesley one of the Justices of the said Common Pleas, Dr. Lewen and Dr. Cousins; and they who will deliver Petitions, to deliver them within six days.

Triers of Petitions for England, Ireland, Wales and Scotland.

The Arch-Bishop of Canterbury, the Marquess of Winchester, the Earl of Sussex great Marshal, the Earl of Nottingham Lord Steward of the Queens Household and Lord Admiral of England, the Bishop of London, the Bishop of Winchester, the Lord Cobham and the Lord North.

All these Lord's and Prelates or any four of them calling unto them the Keeper of the Great Seal and the Lord Treasurer, and also the Queens Serjeants, shall hold their place, when their leisure serveth, in the Chamberlains Chamber.

Triers of Petitions for Gascoigne and other Lands and Countries beyond the Seas, and the Isles.

The Earl of Oxford Great Chamberlain of England, the Earl of Shrewsbury, the Earl of Huntingdon, the Bishop of Rochester, the Bishop of Worcester, the Lord Hunsdon Lord Chamberlain to the Queen, the Lord Lumley and the Lord Buckhurst.

All these Lord's and Prelates or any four of them, calling unto them the Queens Serjeants, and also the Queens Attorney and Solicitor, when their leisure serveth, shall hold their place in the Treasurers Chamber.

The Lord Burgh absent, being at this time Lord Deputy of Ireland.

The Lord De la Ware absent, because he made question of his place, intending to make Suit to the Parliament concerning the same.

Dicto 24 ^o die Octobris, viz. Primo die hujus Parliamenti, Introductum est breve quo Archiepiscopus Eboracen' praesenti Parliamento interesse summonebatur, & admissas est ad suum praeheminentiae sedendi in Parliamento locum, salvo jure alieno.

〈◊〉 brevia introduct. sunt 4. Comitibus, 10. Episcopis, & 5. Baronibus.

Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum us{que} in diem Jovis proximum futurum, viz. 27 diem Octobris.

On Thursday the 27 ^th day of October the Queens Majesty repaired in the-Afternoon to the Upper House of Parliament, accompanied with divers Lord's Spiritual and Temporal, who attended her Majesty this said day in the House, being for the most part the same that are mentioned to have been present there on Monday the 24 ^th day of this instant October foregoing. Of which the Knights, Citizens and Burgesses of the House of Commons having notice, M ^r Serjeant Yelverton being chosen Prolocutor or Speaker of the said House, was by them brought into the Upper House, and by the hands of Sir William Knolles Controller of her Majesty's Household, and Sir John Fortescue Chancellor of the Exchequer presented.

Who by a Speech full of Gravity and Modesty signifying the accomplishment of the Duty of the House of Commons in making an Election, but excusing himself by pretence of many disabilities and imperfections, and wishing earnestly he were of sufficiency to perform the Duty of that place, made humble Suit to her Majesty that he might be discharged, and that the said House of Commons might proceed to a new Election. Which excuse was not allowed by her Majesty (as the Lord Keeper delivered by Answer) but the choice of the said M ^r Yelverton was by her Majesty very well approved and his sufficiency much commended.

He then proceeded in another Speech (according to the manner) to undertake that charge and to present to her Majesty in the behalf of the said House of Commons certain humble Petitions, for access unto her Majesty in the behalf of the said House upon needful occasions, and for the using and enjoying such Liberties and Privileges as in former times had been granted and allowed by her Majesty's Progenitors and herself. Whereunto her Majesty (making Answer by the Mouth of the Lord Keeper) did yield her Gracious Assent, with admonition that the said Liberties and Privileges should be discreetly and wisely used, as was meet.

Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum us{que} in diem quintum Mensis Octobris.

On Saturday the 5 ^th day of November, the Bill for the speedy satisfaction of her Majesty against Accountants was read primâ vice.

Introductum est breve Thomae Domini Gray de Wilton, quo praesenti Parliamento interesse summonebatur, & admissus est ad suum praeheminentiae sedendi in Parliamento locum, salvo jure alieno.

The Earl of Lincoln's excuse by reason of sickness presented by the Lord Treasurer.

Thomas Lord de la Ware having petitioned the Queens Majesty for his Ancient and right Place of Precedence in and amongst the Peers in Parliament, and her Majesty well allowing his said Petition, by her Commandment and direction it was sent unto the Lord's, into the Upper House, by Sir Robert Cecil then her Majesty's Secretary, and endorsed on the back side thus in his own hand,

Her Majesty hath commanded me to signify unto your Lordships, that upon the humble Suit of the Lord de la Ware she is pleased this Petition be considered and determined in the House.

Robert Cecil.

Which Petition being this 5 ^th day of November sent unto the House, was there read as followeth.

To the Queens most Excellent Majesty.

BEseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K ^r : That whereas Thomas sometimes Lord Le Ware, Ancestor and great Grandfather of your said Subject, whose Heir Male he is, That is to say, your Subject is Son and Heir to William, who was Son and Heir to George, who was Brother and Heir to Thomas, who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father, by Writ of Summons of Parliament of the said King Henry the Eighth, came to the Parliament then holden at Westminster in the said third year, and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth, as in the time of your Noble Brother King Edward the Sixth, and in the time of your Dear Sister Queen Mary, have come in their proper persons by their Writs and Commandment, until the Parliament holden at Westminster in the first and second years of King Philip and Queen Mary, which was after the Death of the said Thomas your Suppliants great Grandfather, and of Thomas his Son, that had not any Issue of his Body, and of the said George who died in the Life of his Brother Thomas, the said William Father of your Suppliant being the Son and Heir of the said George, and Heir Male to his said great Grandfather; to which Parliament he was not summoned, for that he stood by Act of Parliament holden before at Westminster in the third year of the said Edward the Sixth, disabled to claim and enjoy the dignity of the Seigniory of the Lord La Ware during his Life; and the said William being now dead, your said Suppliant is come to this present Parliament in his proper person by your Writ and Commandment; May it please your most gracious Majesty to consider the Premisles, and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled, That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lord's La Ware have had in the said Parliament before this time.

This Petition being read, it was refer'd to these Committees following viz. The Lord Treasurer, the Earl of Nottingham Lord Admiral, the Earl of Shrewsbury, the Lord Bishop of London, the Lord Bishop of Winton, the Lord Zouch, the Lord Stafford, the Lord Windsor, the Lord Shefsield, the Lord North, the Lord S ^t John of Bletso, the Lord Buckhurst, Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas, Sir William Perriam Lord Chief Baron, and Edward Coke the Queens Attorney, who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6 ^th day of November at two of the Clock in the Afternoon. Where what they did and what Judgment the Lord's and the whole House gave in this Case, followeth afterwards on Thursday the 10 ^th of this instant November, and on Monday the 14 ^th day of the same.

On Monday the 7 ^th day of November, to which day the Parliament had been last continued, the Bill for the speedy satisfaction of her Majesty against Accountants was read secundâ vice, and committed unto the Lord Archbishop of Canterbury, the Lord Treasurer, the Lord Admiral, the Earl of Northumberland, the Earl of Shrewsbury, and the Earl of Worcester, the Bishop of London, the Bishop of Winchester, and the Bishop of Norwich, the Lord Zouch, the Lord North, and the Lord Buckhurst, the Lord Chief Justice of England, M ^r Baron Evans and M ^r Attorney General, to attend the Lord's appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8 ^th day of November, at four of the Clock in the Afternoon. See more of this on Monday the 14 ^th of November following.

Nota, That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lord's, and are not nominated as Joint-Committees with them, which is usually to be seen in every former Parliament almost of her Majesty's Reign; and therefore it should seem that either the Lord's of the Upper House themselves did alter and abolish the said ancient Privileges which the Judges had of being constituted Joint-Committees with them, in respect that they were no Members of, but only Assistants unto the said Upper House; or else that Thomas Smith Esquire now Clerk of, the said House was more careful and diligent in the distinct and exact setting down, that the said Judges were not nominated as Joint-Committees, but only to attend such Lord's Committees as were appointed by the said House, which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish. And yet the said M ^r Mason may in some sort be justly excused of any universal or continual carelessness in this kind, in respect that where the Lord's Committees were appointed either to treat with the Committees of the House of Commons, or by themselves about any matter of weight, there the Judges and her Majesty's Learned Council are always set down as appointed to attend the said Lord's Committees: But when an ordinary Bill only was committed upon the second reading, and especially if it concerned matter of Law, there the Judges for the most part, and sometimes also the Queens Learned Council, were nominated as Joint-Committees with them. But whatsoever the usage hath been in former times, most certain it is, that not only in this present Parliament, but in all that have been since unto this present year 1629. the said Judges being Assistants unto, and the King's Learned Council being Attendants upon the said Upper House, have never been nominated as Joint-Committees with their Lordships, but have always been appointed to attend them. And which may make it seem the more strange: Whereas the Judges have liberty in the said Upper House itself, upon leave given them by the Lord Keeper, or the Lord Chancellor for the time being, to cover their heads, at a Committee they are now always accustomed to sit bare and uncovered; which said course finally was constantly observed during all the continuance of this present Parliament, as may appear not only by the instance foregoing, but by those many other Committees which followed on Thursday the 24 ^th day of this instant November, on Thursday the 8 ^th day of December, on Wednesday the 11 ^th day of January, on Saturday the 4 ^th day of February, and all other the days (which were very many) in which any Committees were nominated.

On Thursday the 10 ^th day of November, to which day the Parliament had been last continued, the Bill for the taking away Clergy from Offenders against a Statute made in the third year of the Reign of King Henry the Seventh, against the taking away of Women against their wills unlawfully, was sent up to the Lord's from the House of Commons, and thereupon read primâ vice.

The Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord La Ware, and how it was resolved by them upon hearing and debating of the matter, with certain Learned Counselors in the Law brought before the Committees of the said Lord's, that the place which he claimed in the Order and Rank of the Barons, was due unto him, viz. next after the Lord Willoughby of Eresby. Which Report being made to the House, and the voices of all the Lord's being demanded, the opinion of the Committees was allowed by the consent of all (the Lord Windsor only excepted) And the Lord Keeper was required to acquaint her Majesty with the determination of the same House, and to know her pleasure concerning the same. Vide concerning this Business of the Lord La Ware on Saturday the 5 ^th day of this instant November foregoing, and on Monday the 14 ^th day of the same November ensuing.

The Lord Treasurer made a motion to the House, that for as much as the Journal-Books kept heretofore by the Clerks of the Parliament, seemed to have some error in them in misplacing the Lord's, so as it was doubted how the same might be of true Record, That it would please the Lord's to take Order, that the said Books that from thenceforth should be kept by the Clerk of the Parliament, may be viewed and perused every Parliament by certain Lord's of the House to be appointed for that purpose, and the List of the Lord's in their Order to be subscribed by them, taking unto them for their better information the King at Arms. And that this Order might begin this present Parliament.

On Saturday the 12 ^th day of November, to which day the Parliament had been last continued, the Bill for the taking away of Clergy from Offenders against a Statute made Anno 3 Hen. 7. concerning the taking away of Women against their wills unlawfully, was read secunda vice and committed.

Nota, That because the Committees during all this Parliament were only Peers and Members of the House, and that the Judges with her Majesty's Learned Council, (as see more on Monday the 7 ^th of this instant November foregoing) were always appointed to attend upon them, and never nominated as joint Committees with them, therefore the names of them are for the most part omitted as not worth the inserting or observation.

On Monday the 14 ^th day of Novemb. (to which day the Parliament had been last continued on Saturday foregoing) the Bill for the better explanation and execution of the Act made in the 13 ^th year of the Queens Majesty's Raign concerning Tellors, Receivers, &c. was read primâ vice.

This Bill was brought into the House instead of the former Bill concerning her Majesty's speedy satisfaction against Accountants, &c. which was on the 7 ^th day of November foregoing read secunda vice and referred to Committees; by whom the said Bill having been thought upon the debating thereof too full of doubts and difficulties, Order was given by them to her Majesty's Attorney General to draw a new Bill, viz. the Bill aforesaid; which Bill was presented by the Lord Arch-Bishop of Canterbury, first of the said Committees, in the behalf of the said Committees.

A Proviso was thought fit to be added to the Bill concerning the taking away of Women unlawfully, and was also twice read.

The Earl of Shrewsbury excuseth the Lord Marquess his absence for want of health.

The Lord Treasurer moved the House, that such Lord's as were absent from the Parliament and had not sent their Proxies, and such others as had made their appearance in the beginning of the Parliament and have sithence neglected their Attendance, may be admonished to reform the same.

On this said 14 ^th day of November 1597. upon the Petition of the said Lord La Ware, exhibited unto her Majesty concerning his place in the Order of the Barons of Parliament, and with her Majesty's commandment and direction presented unto the Lord's Spiritual and Temporal in this present Parliament the 5 ^th day of this present Month of November, and refer'd the same day (upon the reading) unto the Committees, as is before recorded in the Session of the same day; the said Committees having at the time and place appointed assembled themselves, and advisedly considered of the said Petition and of all arguments that were brought and alleged both for the Petition and against it, did resolve and determine that in their opinions the said Petition of the Lord La Ware was just; and that the place which he sought was due unto him, viz. to have his place betwixt the Lord Willoughby of Eresby and the Lord Berkeley, being the same place which his great Grandfather held heretofore, as appeareth by Record. Of which resolution and determination Report having been made by the Lord Burleigh Lord Treasurer, the first of the Committees, the 10 ^th day of this instant November foregoing in the Session of the same day (as before is recorded) and the same being allowed and approved by the consent of the Lord's Temporal and Spiritual then present in the House, it was thought meet and ordered that her Majesty should be made acquainted by the Lord Keeper with the opinion and resolution of the House. Which having been performed by his Lordship and her Majesty having allowed of the proceedings of the House and of the determination of the question touching the place of the Lord De la Ware (as hath been declared unto the House by the Lord Keeper;) It was and is agreed and Ordered by her Majesty and the Lord's Spiritual and Temporal, that the Lord De la Ware should be brought into the House and placed in the room and order before-mentioned, to have his place and Voice betwixt the Lord Willoughby and Lord Berkeley. Which was accordingly done on this said 14 ^th day of November, The said Lord De la Ware being brought in his Parliament Robes unto the place aforesaid by the Lord Zouch (supplying the place of the Lord Willoughby ) and by the said Lord Berkeley in their Robes, Garter the King of Arms attending them, and doing his Service according to his Office.

On Tuesday the 15 ^th day of November, Two Bills had each of them one reading; of which the first being the Bill for taking away of Clergy from Offenders against a certain Statute made Anno 3 Hen. 7. concerning the taking away of Women against their Wills unlawfully, together with the Proviso annexed unto it by the consent of the House, was read tertiâ vice, and afterwards sent down to the House of Commons, that the Proviso there might be considered of. And so the Parliament continued till Saturday the 19 ^th day of November at nine of the Clock.

On which day the Bill touching the School of Sevenoake was read primâ vice.

Report was made to the House by the Lord Treasurer what had been done by the Committees upon the Bill concerning Tellors and Receivers (which said Bill had been yesterday committed upon the second reading, although the mention of the said reading and Commitment be purposely omitted) and the same Committees appointed to meet again at the former place to Morrow at four of the Clock in the Afternoon to make perfect the said Bill to be presented again to the House.

The absence of the Lord Marquess and the Earl of Huntingdon were severally excused for want of health by two of the Temporal Lord's, and the like excuse was delivered by the Bishop of Norwich for the Bishop of Chichester's absence.

Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until yesterday the 17 ^th day of this Month (through the negligence of the Messenger unto whom the same was delivered) and now his Lordship wanting health to give his Attendance, desireth to be excused of his absence, the Earl of Worcester and the Earl of Southampton testifying his sickness.

Introductum est breve Radulphi Domini Evers, quo praesenti Parliamento interesse summonebatur, & admissus est ad suum praeheminentiae sedendi in Parliamento locum, salvo jure alieno.

On Monday the 21 ^th day of November, to which day the Parliament had been last continued on Saturday foregoing, Two Bills of no great moment had each of them one reading; of which the first being the Bill concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesty's Reign was read primâ vice.

Several Writs of Summons of the Earl of Huntingdon and Rutland were brought in.

Relation was made by the Lord Treasurer upon the Bill concerning Tellors and Receivers, &c. of the doubts and questions that had been moved and debated among the Committees touching certain Provisoes and Causes thought on for the Amendment of the said Bill; And the said Committees appointed by the House to meet again for further Conference to Morrow at the little Chamber near the Chamber of Parliament presence. Vide concerning this Bill on Saturday the 19 ^th day of this instant November foregoing.

On Tuesday the 22 ^th day of November, Two Bills of no great moment had each of them one reading; of which the first being the Bill for the establishment of the new College of the Poor of Cobham in the County of Kent, was read primâ vice.

Three Bills also of no great moment were each of them sent up to the Lord's from the House of Commons; of which the first was an Act formerly sent to them; with a Proviso from this House thereunto added, concerning taking away of Clergy from Offenders that take away Women against their Wills unlawfully.

The Committees upon the Bill of Tellors, Receivers, &c. meeting at the little Chamber near the Chamber of the Parliament presence, and conferring on the Bill and the Provisoes that were thought on and came in question among them by reason of sundry doubts that were moved, did refer the Bill to her Majesty's Attorney General to be reviewed. Vide more of this on Saturday the 19 ^th day, and on Monday the 21 ^th day of this instant November foregoing.

On Thursday the 24 ^th day of November, to which day the Parliament had been last continued on Monday foregoing, Five Bills had each of them one reading; of which the third being the Bill for the better Explanation and confirmation of the Act made in the thirteenth year of her Majesty's Reign, was read primâ vice.

This Bill was reviewed by M ^r Attorney by the appointment of the Committees (on Tuesday the 22 ^th day of this instant November foregoing) who then refer'd it unto him, and was now brought in instead of the former Bill, touching which see before on Saturday the 19 ^th day, and on Monday the 21 ^th day of November aforesaid.

And the fifth being the Bill for the repeal of a Statute made in the twenty third year of her Majesty's Reign, Intituled An Act for the increase of Mariners and maintenance of Navigation, was read tertiâ vice and committed unto the Earl of Nottingham Lord Admiral, the Earl of Worcester, the Earl of Southampton, the Bishop of London, the Bishop of Winchester, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Cobham, the Lord Mountjoy; and M ^r Justice Walmesley, M ^r Serjeant Drew and M ^r Attorney were appointed to attend the Lord's. Vide November 7 ^th antea.

On Saturday the 26 ^th day of November, to which day the Parliament had been last continued on Thursday foregoing, Three Bills had each of them one reading; of which the last being the Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesty's Reign touching Tellors and Receivers, was read the third time and commanded to be: engrossed.

A Serjeant at Arms was appointed to be sent for William Wood and one Stephenson a Serjeant in London, who Arrested Edward Barston the Lord Chandois Servant contrary to the privilege of this House.

The Bill for the repeal of a Statute made in the twenty third year of her Majesty's Reign, Intituled An Act for the increase of Mariners and maintenance of Navigation, was brought into the House by the Committees (whose names see before on Thursday the 24 ^th day of this instant November foregoing) with an Amendment thought sit to be put into the Bill; And the Amendment being thrice read, the Bill was appointed to be fixed in a Schedule to the Bill.

On Monday the 28 ^th day of November, to which day the Parliament had been last continued on Saturday foregoing, The Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesty's Reign concerning Tellors and Receivers, was read tertiâ vice, and sent to the House of Commons by M ^r Attorney General and D ^r Stanhop.

The Bill that was sent from the House of Commons with this Title, viz. An Act for the Repeal of a Statute made in the twenty third year of her Majesty's Reign, Entituled An Act for the increase of Mariners and maintenance of Navigation, was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereunto, viz. An Act for increase of Mariners and for maintenance of the Navigation, repealing a former Act made in the twenty third year of her Majesty's Reign bearing the same title, as also of some Amendments in the Body of the Bill added by the Committees (whose names see on Thursday the 24 ^th day of this instant November foregoing) by M ^r Attorney General and D ^r Carew.

The Bill touching the School of Seavenoake was brought in by the Committees (who were appointed to meet on Monday the 21 ^th day of this instant November foregoing, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence) without alteration, and commanded to be engrossed.

On Thursday the first day of December, to which day the Parliament had been last continued on Saturday foregoing, The Bill concerning the School of Seavenoake was read tertiâ vice, and sent to the House of Commons by M ^r Serjeant Drew and M ^r D ^r Stanhop.

The Bill for the establishing the Town Lands of Wanting, &c. was brought in by the Committees (who were appointed on Saturday the 26 ^th day of this instant November foregoing, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence) with a Proviso by them thought fit to be added thereunto, which Proviso was twice read.

The Parties that Arrested the Lord Chandois Servant, Edward Barston, viz. William Wood and one Stephenson a Serjeant with two others, were brought into the House by the Serjeant at Arms, and upon some notice taken of the matter, M ^r Justice Owen and M ^r Serjeant Drew were appointed to examine the same, and to make report thereof to the Lord's. Vide concerning this matter on Saturday the 26 ^th day of this instant November foregoing.

The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and the Lord S ^r John of Bletso.

On Saturday the third day of December, to which day the Parliament had been last continued on Thursday foregoing, the Bill for the establishing of the Town Lands of Wanting in the County of Berks, was read tertiâ vice, and sent to the House of Commons by M ^r Serjeant Drew and M ^r Attorney, for their consideration of a Proviso thought fit to be added by the Committees.

Five Bills were sent up to the Lord's from the House of Commons; of which the first was the Bill for the increase of Mariners and for maintenance of the Navigation, repealing a former Act made in the twenty third year of her Majesty's Reign bearing the same title, which said Bill was sent from the Lord's to the House of Commons for their consideration and allowance of the title and some Amendments in the Body of the Bill.

A second being the Bill for erecting of Hospitals or abiding and working Houses for the Poor, was read primâ vice.

Two Bills also of no great moment had each of them one reading; of which the first being the Bill for the better and safer Recording of Fines to be levied in the Court of Common Pleas was read primâ vice.

Upon the Report of M ^r Justice Owen and M ^r Serjeant Drew, unto whom the Examination of the matter was committed concerning the Arresting of Edward Barston Servant to the Lord Chandois by one Stephenson a Serjeant of London, at the Suit of one William Wood, these two being found and judged to have willfully offended therein against the privilege of the House, were committed and sent to the Prison of the Fleet, there to be kept close Prisoners until further direction should be given by the Lord's of Parliament.

And whereas the two others were this day brought into the House before the Lord's and supposed to be partakers of the same offense, they upon Examination being found not to have willfully committed any fault therein were dismissed, and Order given accordingly by the Lord's for their discharge in that behalf; And also for the discharge of Edward Barston out of the Prison of the Counter. Vide concerning this matter on Saturday the 25 ^th day of November foregoing, and on Thursday the first day of this instant December last past, as also on Monday the 5 ^th day of this said December following, as also on Wednesday the 14 ^th day of the same Month.

On Monday the 5 ^th day of December, to which day the Parliament had been last continued on Saturday foregoing, Six Bills of no great moment were brought up to the Lord's from the House of Commons; of which the first was the Bill for erecting Houses of Correction, and Punishment of Rogues and Sturdy Beggars; And the second being the Bill to restrain Brewers to keep two Coopers and no more, was read primâ vice.

The Bill for the Confirmation of the Jointure of Christian Lady Sands, was read primâ vice.

Four other Bills also of no great moment were read secundâ vice, and thereupon Committed.

The absence of the

Earl of Essex
Lord Viscount Bindon
Earl of Cumberland
Lord Scroope
Lord Willoughby of Eresby
Bishop of Rochester

excused by the

Lord Rich.
Lord Chandois.
Lord Wharton.
Lord Zouch.
Bishop of Bath and Wells.

This day Order was given for the Release of Stephenson the Serjeant that arrested the Lord Chandois his Servant. Vide concerning this matter on Saturday the 26 ^th day of November last past, as also on Thursday the 1. day and on Saturday the 3. day of this instant December foregoing.

On Tuesday the 6 ^th day of December, Two Bills of no great moment had each of them one Reading; of which the first being the Bill for erecting of Houses of Correction for punishment of Rogues, Vagabonds and sturdy Beggars was read secunda vice.

The Committees in the Bill Entituled An Act for the better and safe Recording of Fines to be levied in the Court of Common Pleas (who were appointed yesterday, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as a matter of small consequence) returned the same to the House with some Amendments, which Amendments were twice read and the Bill commanded to be engrossed.

On Wednesday the 7 ^th day of December, Seven Bills of no great moment had each of them one reading; of which the first being the Bill for Confirmation of the Jointure of Christian Lady Sandes, was read secunda vice, and commanded to be engrossed; and the second being the Bill for the better and safer Recording of Fines to be levied in the Court of Common-Pleas was read tertiâ vice, and sent down to the House of Commons by M ^r Attorney and D ^r Stanhop.

Hodie retornatum fuit breve Thomae Domini Howard de Walden.

On Thursday the 8 ^th day of December, Two Bills of no great moment had each of them one reading; of which the first being the Bill for the enabling of Edmund Mollineux Esquire, to sell Lands for the payment of his Debts and Legacies, was read prima vice; And the second being the Bill for confirmation of the Jointure of Christian Lady Sandes, was read tertiâ vice, and sent to the House of Commons by M ^r Attorney and M ^r , D ^r Carew.

The Bill for the relief of the poor in times of extreme dearth of Corn was read secunda vice, and refer'd to these Committees following, viz. The Lord Archbishop of Canterbury, the Lord Burleigh Lord Treasurer, the Earl of Nottingham Lord Admiral of England, the Earl of Northumberland, the Earl of Shrewsbury, the Earl of Worcester, the Earl of Southampton, the Bishop of Winchester, the Bishop of Coventry and Litchfield, the Bishop of Hereford, the Bishop of Bath and Wells, the Bishop of Norwich, the Bishop of Chester, the Lord Hunsdon Lord Chamberlain, the Lord Zouch, the Lord De la Ware, the Lord Cobham, the Lord Mountjoy, the Lord Darcy, the Lord Windsor, the Lord North, the Lord Chandois, the Lord S ^t John, the Lord Buckhurst; The two Chief Justices, the Lord Chief Baron, M ^r Justice Gaudy, M ^r Serjeant Drew and M ^r Attorney General, to attend the Lord's. ( Vide plus antea November 7 ^th Monday.)

These Committees to meet at the little Council Chamber at the Court of Whitehall, on Saturday next being the 10 ^th day of this instant December, at two of the Clock in the Afternoon.

The Bill for erecting of Houses of Correction and for punishment of Rogues, Vagabonds, and Sturdy Beggars, was read secunda vice, and refer'd to the Committees for the former Bill, and the same time and place appointed for meeting; And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill.

Three Bills also of no great moment had each of them one reading; of which the last being the Bill for Arthur Hatch her Majesty's Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had, &c. was read secundâ vice. Upon which reading it was Ordered, that all parties whom this Bill may concern, either on the part of M ^r Hatch or against him, shall be heard openly in the House upon Monday next the 12 ^th day of this instant December by their Council Learned, and all specialties concerning the same to be then produced, to the end it may be considered whether it shall be convenient to pass this Bill or no; M ^r Serjeant Drew and M ^r Attorney being appointed by the Lord's to inform themselves against that time whether anything be contained in the Bill that may prejudice the poor Knights of Windsor, and to make Report thereof accordingly on the part of the said poor Knights. Vide December 12 ^th postea.

The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased, and for payment of his Debts, was read secunda vice.

A Motion was made by some of the Lord's and approved by the House, that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth, and namely any of the Wentworths to come to the House, and allege if they find cause why the Bill should not proceed. And the next Tuesday was assigned for this purpose.

〈◊◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant, was brought before the Lord's this day by the Serjeant at Arms; and being found upon his Examination before the Lord's to have willfully offended therein against the privilege of the House, was committed to the Prison of the Fleet, there to remain till their Lordships should give direction for his enlargement. Vide concerning this matter on Wednesday the 14 ^th day of this instant December following.

On Friday the 9 ^th day of December, Four Bills of no great moment had each of them one reading; of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol, and for relief of the Orphans and Poor there, was read secundâ vice; upon the reading whereof some Amendments were thought sit by the House to be added, which were presently drawn and agreed upon by the same House, which being twice read, the Bill with the said Amendments were Ordered to be engrossed.

Seven Bills were brought up to the Lord's from the House of Commons; of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm, as other Tenants in Tail may do, a private Statute made 27 Hen. 8. to the contrary notwithstanding, was (with three other of the said Bills being of no great moment) read primâ vice.

The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth. The sixth was for the establishing the Town Lands of Wanting in the County of Berks, which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons; And the seventh and last was the Bill for the establishment of the new College of the poor at Cobham in the County of Kent, which was returned into the House without any Alteration.

On Saturday the 10 ^th day of December, Three Bills of no great moment were each of them read tertiâ vice; of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor, with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships, were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop.

The Bill Entituled An Act against Forestallers, Regraters and Engrossers was returned into the House by the Committees (who were appointed on Monday the 15 ^th day of this instant December foregoing, although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence) with some Amendments which were twice read and Ordered to be engrossed.

Three Bills of no great moment had each of them one reading; of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do, a private Statute made An. 27 H. 8. to the contrary notwithstanding, was secunda vice lect.

Upon the Motion of the Lord Marquess of Winchester, It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Council on both sides. Vide Decemb. 12. sequen.

Three Bills also of no great moment were sent up to the Lord's from the House of Commons; of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas, and was returned and allowed by the said House of Commons without any Alteration.

On Monday the 12 ^th day of December, to which day the Parliament had been last continued on Saturday foregoing, a Motion and request was had by the House of Commons and delivered by M ^r Secretary accompanied with many others, for a Conference to be had concerning the Bill entitled An Act concerning Tellors, Receivers, &c. Whereupon the House nominated the Lord Burleigh Lord Treasurer, the Earl of Nottingham Lord Admiral, and divers other Lord's, both Earls, Bishops and Barons, as Committees to confer with such a number of the House of Commons as should confer with the Lord's touching the said Bill; The Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron, M ^r Serjeant Drew and M ^r Attorney being appointed to attend the Lord's, and the meeting to be at the great Council Table at the Court at Whitehal to Morrow being the 13 ^th day of this instant December, at two of the Clock in the Afternoon.

Two Bills of no great moment had each of them one reading; of which the first concerning Stains Bridge was read tertiâ vice & expedit.

The Council on both parties, viz. for Arthur Hatch on the one part, and of the Dean and Chapter of Windsor of the other, were admitted to public hearing in the House. And thereupon the Bill of Arthur Hatch was referred to Committees (being Peers and Members of the House) and the Lord Chief Justice of England and M ^r Attorney to attend their Lordships. Vide concerning this matter on Thursday the 8 ^th day of this instant December foregoing.

The Council on both parts, for the Lord Marquess of Minchester on the one part and the Lord Wountjoy of the other, were admitted to public hearing in the House. And thereupon no just cause to hinder or stay the proceeding of the Bill appearing, the same was commanded to be read the third time, and so was expedited. Vide touching this business on Saturday the 10 ^th day of this instant December foregoing.

The Committees upon the Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom (who were appointed on Saturday the 10 ^th day of this instant December foregoing, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence) returned the same to the House without alteration.

On Tuesday the 13 ^th day of December, Three Bills of no great moment had each of them one reading; of which the first being the Bill for enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies, was read secunda vice, and committed unto the Earl of Shrewsbury and others, and M ^r Justice Gaudie and M ^r Serjeant Crew to attend their Lordships. Which Committees were Ordered to meet at the Earl of Lincolns House in Cannon Row on Thursday next by two of the Clock in the Afternoon.

Two Bills were sent up to the Lord's from the House of Commons; of which the second being the Bill for relief of the poor was read primâ vice.

Four Bills also of no great moment had each of them one reading; of which the first being the Bill against Forestallers, Regraters and Engrossers was read tertiâ vice, and sent down to the House of Commons by M ^r Serjeant Drew and M ^r Doctor Stanhop for their consideration of some Amendments.

The Bill giving power and liberty to Sir John Spencer Knight, Mary his Wife and Robert Spencer Esquire their Son, to alienate certain Manors and Lands in the County of Dorset and Bedford, was read secunda vice. And thereupon two Letters from the Lady Spencer to the Lord Chamberlain were read in the House, signifying her pleasure and consent to the Bill.

The Bill for explanation of the Statute made in the 5 ^th year of her Majesty's Reign concerning Laborers was read secundâ vice; And a motion being made in the House for some Amendent of the Bill, the Amendment was presently agreed on in the said House.

On Wednesday the 14 ^th day of December, Three Bills of no great moment had each of them one reading; of which the first being the Bill for explanation of the Statute made in the 5 ^th year of her Majesty's Reign concerning Laborers was read tertiâ vice, and thereupon was sent down to the House of Commons (from whence it had been formerly brought up to their Lordships) with some Amendments added thereunto by M ^r Attorney and D ^r Stanhop.

The Bill for the grant of three Subsidies and six Fifteenths and Tenths was brought up to the Lord's from the House of Commons by M ^r Comptroller and others.

This day Order was given for the release of M ^r Wood out of the prison of the Fleet, at whose Suit the Lord Chandois his Servant called Edward Barston was arrested, so as he make satisfaction unto the said Barston of such charges as he was at by means of that Arrest. Vide concerning this matter on Saturday the 26 ^th day of November foregoing; as also on Thursday the first day, Saturday the third day, and on Monday the 5 ^th day of this instant December last past.

The like Order taken for the enlargement of William Cole that arrested John York the Lord Archbishops Servant, paying only the Fees of the Fleet. Vide touching this business on Thursday the eighth day of this instant December foregoing.

Certain Amendments were thought fit by the Committees to be added to the Bill entitled An Act for erecting of Houses of Correction and punishment of Rogues, Vagabonds and Sturdy Beggers; which Amendments were twice read and upon consideration of the same, direction was given to some of the said Committees, viz. the Lord North, the Lord S ^t John and the Lord Buckhurst, to review the said Amendments for reformation of some defects found therein by the House; and the Lord Chief Justice of England appointed to attend them.

On Thursday the 15 ^th day of December, Three Bills of no great moment had each of them one reading; of which the first being the Bill for grant of three Subsidies and six Fiftenths and Tenths was read prima vice.

Six Bills were brought up to the Lord's from the House of Commons; of which the first was the Bill for establishing the Hospital of Queen Elizabeth in Bristol for relief of the Orphans and Poor there, and was returned with allowance of the Amendments.

Certain Articles were presented in writing by the House of Commons touching their opinions and objections concerning the Bill of Tellors and Receivers, which were delivered to M ^r Attorney, to the end he might confer with the Judges upon the same, and make Report to the Lord's.

The Bill for Arthur Hatch, her Majesty's Ward, was returned into the House by the Lord Treasurer, first of the Committees, who said that there were in the Bill certain Points, that could not be well reformed; whereupon motion was made to the House (upon agreement amongst the Committees) that the proceeding in this Bill might cease, and that another course might be taken by way of Composition betwixt the Dean and Chapter of Windsor and Arthur Hatch; for which purpose a Bill was ready drawn and brought by M ^r Attorney General, containing a form of composition betwixt them to be ratified (if it shall be thought good) by Parliament.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in postmeridianum tempus hodierni diei horâ tertiâ, at which time the Bill only for the grant of three Subsidies and six Fifteenths and Tenths was read secundâ vice.

On Friday the 16 ^th day of December, Two Bills had each of them one reading; of which the first being the Bill for the grant of three Subsidies and six Fifteenths and Tenths, was read tertiâ vice & expedit.

Five Bills were brought up to the Lord's from the House of Commons by Sir William Knolles and others; of which the first being the Bill touching the School at Seavenoake, was returned from the House of Commons with their allowance thereof.

The Bill for Arthur Hatch her Majesty's Ward for the enjoying of the Rectory and Parsonage of South-Molton in the County of Devon. for certain years, reserving the usual rent, was read prima vice.

On Saturday the 17 ^th day of December, Eight Bills of no great moment had each of them one reading; of which the last being the Bill for Arthur Hatch her Majesty's Ward for the enjoying of the Rectory and Parsonage of South-Molton, &c. was read secundâ vice, and refer'd to the same Committees that were formerly appointed (on Monday the 12 ^th day of this instant December foregoing) and the Earl of Worcester and Bishop of London were added to them.

Two Bills were brought up to the Lord's from the House of Commons; of which the first was the Bill for increase of people for the service and defense of the Realm.

The Bill Intituled An Act for the enabling of Edmund Mollineux Esq for the payment of his Debts and Legacies, was returned into the House by the Earl of Shrewsbury the first of the Committees, who said, the Committees had heard the Council Learned on both parts, as well on the part of M ^r Mollineux as against him, and finding some matter of difficulty in the Bill, the Council desired to be heard openly in the House.

On Monday the 19 ^th day of December, to which day the Parliament had been last continued, the Bill for confirmation of the Subsidy granted by the Clergy was read tertia vice, and sent to the House of Commons by M ^r Attorney and D ^r Stanhop.

Certain Amendments were offered to the House by the Committees upon the second Bill concerning Arthur Hatch her Majesty's Ward, &c. And the same Amendments were twice read. Whereupon both the Bill and the said Amendments were commanded forthwith to be engrossed, which was accordingly done, and presently read the third time, and sent to the House of Commons by M ^r Attorney and M ^r D ^r Stanhop. Vide concerning this matter on Thursday the 15 ^th day of this instant December foregoing.

The Committees upon the Bill Intituled An Act for erecting of Houses of Correction, and punishment of Rogues, Vagabonds and Sturdy Beggars, and An Act for the relief of the Poor, returned the same to the House with some Amendments, which were presently twice read and commanded to be engrossed.

The Amendments in the Bill concerning Laborers formerly engrossed in Parchment (at which exception was taken by the House of Commons, and for that cause returned without their allowance, because the Amendments were engrossed in Parchment, which according to the Custom and use of the House should have been Paper, and thereupon) the Lord's now commanded them to be written in Paper.

Four Bills were brought up to the Lord's from the House of Commons by Sir William Knolles and others; of which the first was the Bill for the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesty's Reign, returned into the Upper House with some Amendments; which said Amendments were thrice read: And the second being for the establishment of the Bishopric of Norwich, and the Possessions of the same, against a certain pretended concealed title made thereunto, was read prima vice. Vide concerning this matter on Thursday the 12 ^th day, Saturday the 14 ^th day, on Monday the 16 ^th day, and on Thursday the 17 ^th day of January next ensuing.

Two Bills also of no great moment had each of them one reading; of which the first being the Bill for the increase of people for the service and defense of the Realm, was read primâ vice.

On Tuesday the 20 ^th day of December, Two Bills had each of them one reading; of which the first being the Bill for erecting of Houses of Correction, and punishment of Rogues, Vagabonds and Sturdy Beggars, was read tertiâ vice.

The Amendments of the Bill concerning Laborers was presented to the House written in paper. Vide concerning this Bill on the day immediately foregoing.

The three Bills aforesaid were sent down to the House of Commons for their consideration of the several Amendments and Provisoes added unto them, by M ^r Attorney General and M ^r D ^r Stanhop.

Two Bills of no great moment were sent up to the Lord's from the House of Commons; of which the last concerning Laborers was returned with the allowance of the Amendments.

The Bill lastly for the increase of people for the service and defense of the Realm was read secundâ vice, and committed unto the Archbishop of Canterbury and others; and the two Lord's Chief Justices, the Lord Chief Baron and M ^r . Attorney General to attend their Lordships: who were appointed to meet at the great Council Chamber at the Court at Whitehall on Wednesday the 11 ^th day of January next following, at two of the Clock in the Afternoon.

Dominus Custos magni Sigilli ex mandato Dominae Reginae adjornavit praesens Parliamentum us{que} in 11. diem Januarii proae' sequentem horâ octavâ.

Nota, That this Adjournment, although but for the space of twenty one days, was by her Majesty's Commandment, being personally present, as may be directly gathered out of those words ex mandato Dominae Reginae, notwithstanding the word praesentis be omitted here as in divers other places also of these Journals of the Queens time upon the like occasion; for otherwise if her said Majesty had not been personally present in the Upper House, this Adjournment ought to have been by Commission under the Great Seal, as a like Adjournment had been from Monday the 21 ^th day of December unto Thursday the 4 ^th day of February then next ensuing, in the Parliament in Anno 27 Reginae Eliz. Anno Domini 1584.

Nota also, That at the end of this Adjournment the two Houses met in their several places without any pomp or state, and also fell to the reading of such Bills and perfecting of such ordinary businesses as they had left unperfected at the time of the aforesaid Adjournment. Which said new meeting of the Lord's in the Upper House is Entred as followeth in the Journal-Book of the Upper House, viz.

Die Mercurii, viz. undecimo die Januarii (to which day the Parliament had been last Adjourned on Tuesday the 20 ^th day of December foregoing) Domini tam Spirituales quàm Temporales, quorum nomina subsequuntur, praesentes fuerunt.

Archiepiscopus Cantuarien'.
Thomas Egerton Miles, Custos magni Sigilli.
Dominus Burleigh Dominus Thesaurar. Angliae.

Comites.

Comes Essex Magnus Marescallus Angliae.
Comes Nottingham Magnus Seneschallus.
Comes Northumbr'.
Comes Salopiae.
Comes Darbiae.
Vice-Comes Bindon.

Episcopy.

Episcopus London.
Episcopus Roffen'.
Episcopus Peterburgen'.
Episcopus Bathon' & Wellen'.
Episcopus Landaven'.
Episcopus Cestren'.
Episcopus Cicestren'.

Barones.

Dominus Hunsdon Camerarius.
Dominus Zouch.
Dominus La Ware.
Dominus Cobham.
Dominus Stafford.
Dominus Grey de Wilton.
Dominus Scroope.
Dominus Stourton.
Dominus Sandes.
Dominus Wharton.
Dominus Rich.
Dominus Darcy de Chich.
Dominus North.
Dominus Buckhurst.
Dominus Compton.

Nota, That though I do usually observe in all these Journals never to have the presence of the Lord's transcribed, but at the beginning only of a new Parliament, or at least a new Session; yet I have observed it here though but at the beginning of a new meeting, in respect that the presence of the Lord's before set down at the beginning of this Parliament on Monday the 24 ^th day of October being much greater than that of this day, could not serve to be any rule for the presence of those that attended at this new meeting; which is for the most part the chiefest reason why the presence of the Lord's is marked on the first day of the Parliament, or on the next day from the first, on which they be noted, if through the Clerk of the Upper House his negligence (as it often happeneth) it be 〈◊◊〉 the said day.

A second but less material cause why I have their names transcribed, is to see the due places and precedences of the Lord's Temporal.

This Wednesday as soon as the Lord's were set, it should seem that the Earl of Essex having been created Earl Marshall the 28 ^th day of December last before this instant, took his place according to his said Office, viz. next after the Earl of Oxford Chamberlain of England, and before the Earl of Nottingham Lord Steward and Lord Admiral.

The said Earl Marshal having taken his 〈◊〉 as aforesaid, was added to the Committees in the Bill entitled An Act for increase of people for the service and defense of the Realm, who were appointed on Tuesday the 20 ^th day of December foregoing. His Lordship also was added to the Committees upon the Bill for the relief of the Poor in times of extreme dearth, who were appointed to meet at the great Council Chamber at Whitehall upon Friday the 13 ^th day of this instant January following, by two of the Clock in the Afternoon.

The Committees upon the Bill concerning Broakers and Pawntakers were appointed to meet at the great Council Chamber, &c. upon Friday the 13 ^th day of this instant January following, by two of the Clock in the Afternoon.

The Bill for maintenance of Husbandry and Tillage was read secunda vice, and referred to the same Committees which are for the Bill for increase of people, &c. who were appointed to meet at the great Council Chamber, &c. on Tuesday the 20 ^th day of December foregoing, and to meet at the same time and place.

Three Bills had each of them one reading; of which the first being the Bill for recovery of three hundred thousand Acres of waste Marish and watery grounds in the Isle of Eli, and the Counties of Cambridge, Huntingdon, Northampton, Lincoln, Norfolk and Suffolk, was read secundâ vice and committed unto the Lord Treasurer, the Earl of Essex Lord Marshal, the Earl of Nottingham Lord Admiral, the Bishop of Peterborough, the Bishop of Bath and Wells, the Bishop of Norwich and the Bishop of Chichester, the Lord Hunsdon Lord Chamberlain, the Lord De la Ware, the Lord Cobham, the Lord Rich, the Lord Darcie of Chich, the Lord North and the Lord Buckhurst; and M ^r Justice Gaudie and M ^r Serjeant Drew to attend their Lordships: All which were appointed to meet at the little Chamber near the Chamber of Parliament presence on Saturday the 14 ^th day of January following in the Morning before the House sit.

On Thursday the 12 ^th day of January the Bill entitled An Act for increase of People for the service and defense of the Realm was returned unto the House by the Committees (who were appointed on Tuesday the 20 ^th day of December foregoing) and a Motion was made by the Lord Arch-Bishop of Canterbury, the first of the Committees, that a Conference might be had with a competent number of chosen persons of the House of Commons for the better perfecting of the Bill. Whereupon M ^r Attorney and M ^r Doctor Stanhop were addressed to the House of Commons with a Message to that effect; and the time and place of meeting desired to be at the great Council Chamber at the Court at Whitehall to Morrow, being the 13 ^th day of this instant January ensuing, by two of the Clock in the Afternoon.

Certain Select Committees who were chosen by the House of Commons concerning the said Bill for increase of People, &c. were sent to the Lord's signifying their allowance of the time and place appointed for meeting about that Bill; and desired in the mean time to have delivered unto them in writing such Objections as their Lordships do make unto the said Bill, to the end they might be the more ready to deliver their Opinions and resolutions at the said meeting. The Lord's having considered of this Motion thought it unfit and not agreeable to the Order of this House to deliver the same in writing; And therefore agreed that answer should be made, that if upon verbal Conference they should remain unsatisfied touching the said Objections, then they should have the same delivered unto them in writing for their further consideration thereof. Which answer was presently notified to the said select Committees. And in the mean season the Judges were required to set down the said Objections in writing, that it might be in readiness for the said Committees of the House of Commons, if upon the verbal Conference they should not be satisfied. Vide concerning this matter on Saturday the 14 ^th day of this instant January following.

Three Bills of no great moment had each of them one reading; of which the last being the Bill for the making of Bayes in the Counties of Essex and Suffolk, was read secundà vice and committed unto the Lord Treasurer, the Earl of Essex Lord Marshal, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Rich, the Lord North and the Lord Buckhurst; and the Lord Chief Baron and M ^r Attorney General to attend their Lordships. Vide concerning this Attendance of the Judges on Monday the 7 ^th day of November foregoing.

The Bill for the establishing of the Bishopric of Norwich and the Possessions of the same, against a certain concealed title made thereunto, was read secunda vice. Upon this reading it was Ordered by the Lord's that all parties whom this Bill may concern should be openly heard in the House upon Saturday next in the Morning, being the 14 ^th day of this instant January, to the end it might be considered whether the same may justly pass without prejudice to the said parties, and George Lester then to be warned to attend. Vide concerning this matter on Monday the 14 ^th day of December foregoing; as also on Saturday the 14 ^th day, Monday the 16 ^th day, and Tuesday the 17 ^th day of this instant January following.

Another Bill also of no great moment touching Clothiers was read secunda vice, and refer'd to Committees. Vide plus de ista materia die sequente.

Certain Amendments were offered unto the House by the Committees upon the Bill Intituled An Act for the Naturalizing of certain Englishmens Children and others born beyond the Seas. Which Amendments were presently twice read; And thereupon both the Bill and the Amendments were read the third time, and returned unto the House of Commons by M ^r Serjeant Drew, and M ^r D ^r Carew.

On Friday the 13 ^th day of January, the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham, was read primâ vice.

The said Kirkham and Ambrose Willoughby Esq are to be warned to attend the Lord's on Monday Morning next, being the 16 ^th day of this instant February, at which time it is appointed that the said Bill shall be read the second time. Vide touching this matter on Monday the 16 ^th day, and Tuesday the 17 ^th day of this instant January following.

The Bill against deceitful stretching and tentering of Northern Cloth was read secundâ vice, and committed to the Earl of Shrewsbury, Viscount Bindon, the Bishop of London, the Bishop of Bath and Wells, and the Bishop of Norwich, the Lord Zouch, and the Lord Buckhurst; and the Lord Chief Baron, M ^r Justice Owen and M ^r Baron Evers, to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7 ^th day of November foregoing.

The same Committees, time and place appointed upon the Bill for the relieving of Clothiers, concerning the weight of short broad and coloured Cloths, &c. the former Committees being part of this number, having not had time to perfect the same, who had been appointed yesterday.

Three Bills of no great moment had each of them one reading; of which the last being the Bill to preserve the property of stolen Horses in the true Owners, of Vouchers in sale of Horses in Fairs and Markets, was read tertia vice and refused.

The Bill concerning the recovery and draining from the water certain overflown grounds in the County of Norfolk was read secundâ vice, and refer'd to the same Committees upon the Bill formerly read of that kind concerning three hundred thousand Acres, &c. (whose names see before on Wednesday the 11 ^th day of this instant January foregoing) with Addition of the Lord S ^t John; and M ^r Attorney to attend; appointed to meet at the same time and place, &c. And such parties as the same may concern to be warned to attend also.

On Saturday the 14 ^th day of January certain Objections unto the Bill Intituled An Act for the increase of people, &c. were set down in writing by M ^r Attorney General, and brought into the House by the Archbishop of Canterbury, the first of the Committees. And the same was sent to the House of Commons for their consideration thereof, according to a Proviso made by their Lordships to the Select Committees of the House of Commons at the meeting yesterday about that Bill, by Mr. Attorney General and Dr. Stanhop. Vide concerning this matter on Thursday the 12 ^th day of this instant January foregoing, as also on Friday the 20th day of the same Month following.

Upon Motion made by the Lord Archbishop that the Committees for the Bill of Tillage had not time to perfect the same at the meeting formerly Assigned, It was Ordered by the House that the said Committees should meet again about it at the great Council Chamber, &c.

The like Motion was made touching the Bill of Broakers and Pawn takers, and the like Order.

Certain Knights and Burgesses of the House of Commons sent to the Lord's to desire a Conference with a competent number of that House concerning the Amendments and Provisoes added to the Bill Intituled An Act for erecting of Houses of Corrections and punishment of Bogues, Vagabonds and Sturdy Beggars. Whereupon choice was made of the Lord Archbishop, the Lord Admiral, the Earl of Shrewsbury and the Bishop of Winchester, being part of the number formerly appointed upon that Bill; the three Chief Justices, Mr. Serjeant Drew and Mr. Attorney to attend. And the same presently signified to the said Knights and Burgesses, but with this caution, That whatsoever had been amended or added by their Lordships could not now be altered by the Orders of the House. Howbeit to yield the House of Commons satisfaction of the reasons that moved their Lordships to make those Amendments, they assented to the Conference, and the meeting was appointed to be in the outward Chamber of the Upper House of Parliament on Monday the sixteenth day of this instant January following, by eight of the Clock in the Morning. On which said Monday see more of this matter.

The Bill for reforming of sundry abuses committed by Soldiers and others used in her Majesty's services concerning the Wars, was read primâ vice.

The Council Learned as well on the part of the Bishop of Norwich and his Tenants, as on the part and behalf of George Lester were heard openly in the House; but for the present no further Order or proceeding therein. Vide touching this business on Tuesday the 20 ^th day of December last past, and on Thursday the 12 ^th day of this instant January foregoing; as also on Monday the 16 ^th day, and Tuesday the 17 ^th day of the same Month next ensuing.

The Earl of Essex not able to attend for want of health was certified by the Lord North.

The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester.

On Monday the 16 ^th day of January, to which day the Parliament had been last continued on Saturday foregoing, Two Bills had each of them one reading; of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the City of Lincoln and the Town corporate of Nottingham, was read secundâ vice, and committed unto the Lord Treasurer of England, the Earl of Essex Earl Marshal, the Earl of Nottingham Lord Admiral, the Earl of Northumberland, the Earl of Shrewsbury, the Bishop of Winchester, the Bishop of Bath and Wells, the Bishop of Chester, the Lord Evers, the Lord North, the Lord St. John and the Lord Buckhurst; the Lord Chief Justice of the Common Pleas, M ^r Justice Clench, M ^r Serjeant Drew and M ^r Attorney General to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7 ^th day of November foregoing.

Report was made to the House by the Lord Archbishop of Canterbury, that upon the meeting of such of the Lord's of the Upper House as were appointed this day to confer with certain select Knights and Burgesses of the House of Commons concerning the Amendments and Provisoes added by their Lordships to the Bill entitled An Act for erecting of Houses of Correction, &c. The said Knights and Burgesses do hold themselves satisfied upon the reason alleged by their Lordships in some part of the said Amendments, but not in all. Vide concerning this matter on Saturday the 14 ^th day of this instant January foregoing.

Kirkham was called into the House before their Lordships, and after he had been heard what he was able to say in his own behalf concerning the Bill, the same was read the second time, viz. The Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham was read secundâ vice, and Ordered to be engrossed. Vide concerning this Bill on Friday the 13 ^th day of this instant January foregoing, as also on Tuesday the 17 ^th day of the same Month immediately ensuing.

Two Bills also had each of them one reading; of which the first being the Bill for repressing of offenses that are of the nature of stealth, &c. was returned unto the House by the Earl of Essex, the first of the Committees, with certain Amendments; which Amendments were presently thrice read, and sent by M ^r Serjeant Drew and M ^r D ^r Stanhop to the House of Commons for their consideration.

A Motion was made, that a Proviso should be added to the Bill concerning the Bishopric of Norwich; which Proviso was presently drawn in the House by M ^r Attorney, and thereupon read. And for the more expedition in the proceeding of the Bill, it was thought meet, that the Lord Archbishop of Canterbury, the Earl of Essex Lord Marshal, the Earl of Nottingham Lord Admiral, the Bishop of London, the Lord Hunsdon Lord Chamberlain, and the Lord Cobham should confer with a competent number of the House of Commons about the said Proviso. Whereupon M ^r Serjeant Drew and M ^r Attorney were sent to the said House of Commons to signify the same. Who presently assented to a meeting, and made their repair to their Lordships forthwith accordingly. Vide concerning this matter on Tuesday the 20 ^th day of December foregoing, and on Thursday the 12 ^th day, and on Saturday the 14 ^th day of this instant January last past; as also on Tuesday the 17 ^th day of the same Month immediately ensuing.

Four Bills were brought up to the Lord's from the House of Commons; of which the last was the Bill for confirmation and better assurance and conveyance of certain Manors, Lands, Tenements and Hereditaments given and intended to an Hospital or Meason de Dieu in Warwick, founded and established by the Earl of Leicester. Vide postea concerning this Bill on to Morrow following.

On Tuesday the 17 ^th day of January it was agreed upon in the House, that the Committees upon the Bill for maintenance of Husbandry and Tillage (who were appointed on Wednesday the 11 ^th day of this instant January foregoing) should meet for perfecting of the same at the great Council Chamber at the Court at Whitehall this present day, by two of the Clock in the Afternoon.

The Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham, was read tertiâ vice, and sent to the House of Commons by M ^r Serjeant Drew and M ^r D ^r Stanhop. Vide touching this business on Friday the 13 ^th day, and on Monday the 16 ^th day of this instant January foregoing.

Two Bills had each of them one reading; of which the second being the Bill for confirmation and better assurance and Conveyance of certain Manors, Lands, Tenements and Hereditaments given and intended to an Hospital or Meason de Dieu in Warwick, founded and established by the late Earl of Leicester, was read primâ vice.

George Ognell and the parties that follow the Bill for the Hospital, to be heard openly in the House by their Council Learned to Morrow the 18. day of this instant January in the Morning. Vide concerning this business on Monday the 16. day of this instant January foregoing, in fine Diei.

A Proviso drawn by M ^r Attorney by Commandment of the House and appointed to be added to the Bill for establishing the Bishopric of Norwich, &c. was twice read and commanded to be engrossed; And then both the Bill and the Proviso being read the third time, were returned to the House of Commons for their consideration of the Proviso. Vide touching this matter on Tuesday the 20 ^th day of December foregoing, and on Thursday the 12. day, Saturday the 14. and on Monday the 16. day of this instant January foregoing.

The Earl Marshal was added to the Bill concerning Accountants.

Three Bills lastly had each of them one reading; of which the last being the Bill for some better staying of Corn within the Land, to give liberty to English Subjects sometimes to buy Wheat, &c. and to sell the same again in the same kind, for the better relief of the Common-Wealth. was read tertiâ vice and rejected.

On Wednesday the 18 ^th day of January, the Lord Keeper signified to the House, that the parties that follow the Bill for the Hospital of Warwick are not provided of their Council Learned. Whereupon the House assigned them a new day, viz. Friday Morning the 20. day of this instant January following. Vide concerning this matter on Monday the 16. day, and on Tuesday the 17. day of this instant Month foregoing.

Four Bills of no great moment had each of them one reading; of which the two last, the one for the avoiding of bringing in of Pins, and the other for the better furnishing and supplying of skillful Surgeons in and to the Land and Sea services for her Majesty and the Realm, were each of them upon the second reading rejected.

The Earl Marshal was added to the Bill for Broakers and Pawn-takers.

The Committees upon the Bill for confirmation of Statute Merchants in the Cities of Lincoln and Town of Nottingham, and the Committees upon the Bill concerning Tellors and Receivers were appointed to meet this present day.

The Council learned on both sides upon the Bill concerning M ^r Mollineux were appointed to be heard openly in the House on Saturday next, being the 21 ^th day of this instant January, and warning to be given in the mean while thereof to the parties.

The Amendments agreed upon by the Council upon the Bill of Tillage (who were appointed on Wednesday the 11 ^th day of this instant January foregoing) were appointed to be brought into the House to Morrow Morning by the Lord Chief Justice of England.

The Lord Buckhurst signified, That upon a Letter written unto him by the Lord Marquess of Winchester, notifying his present sickness whereby he was not able to give his Attendance as yet, the said Lord Buckhurst having moved her Majesty therein according to the request of the said Lord Marquess, it pleased her Majesty to hold him excused for the present until his recovery, and commanded that he should then give his Attendance.

On Thursday the 19 ^th day of January the Bill for reforming of certain abuses touching Wine Casks was read secundâ vice, and committed unto the Lord Burleigh Lord Treasurer, the Earl Marshal, the Earl of Nottingham Lord Admiral, the Bishop of Rochester, the Bishop of Chichester, the Lord North, the Lord Buckhurst, the Lord Howard of Walden; and M ^r Justice Owen and M ^r Serjeant Drew to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7 ^th day of November foregoing) which said Committees were appointed to meet at the little Council Chamber at the Court at Whitehall at three of the Clock in the Afternoon.

Certain Amendments and a Proviso was brought into the House and delivered, by the Archbishop of Canterbury, the first of the Committees upon the Bill of Maintenance of Husbandry, &c. and the same being twice read were commanded to be engrossed.

Answer was returned in writing from the House of Commons, and delivered by certain Knights and Burgesses sent for that purpose, unto the Objections taken by their Lordships to some Points of the Bill entitled An Act for the increase of People for the service and defense of the Realm; which objections were also formerly delivered unto them in writing upon their request made unto their Lordships.

Certain selected Persons of the House of Commons, viz. Sir William Knolls and Sir Edward Hobby Knights, with divers others coming from the said House of Commons, in delivered a Message signifying that the said Knights and Burgesses desired to receive satisfaction, from the Lord's concerning an Innovation (as the said Knights and Burgesses supposed) very lately begun in the Upper House in delivering of an Answer from the Lord's by the Mouth of the Lord Keeper, in other form and manner than was pretended by the Knights and Burgesses to have been in former times used, and, as they did interpret it, to the prejudice and derogation of the liberty of the House of Commons. For whereas on the fourteenth day of this instant January foregoing, Sir Walter Raleigh Knight with divers others of the said House of Commons were sent up to the Lord's to deliver a certain Message to the House, after Consultation had thereon by the Lord's, and after signification given to the said Sir Walter Raleigh and the rest (staying in the outward Room for Answer) that they might come in to receive the same; it was thought meet that the Lord Keeper should deliver the said Answer sitting in his place, and all and every of the Lord's keeping their places, and not going down to the Bar as the use and form is, when the Lord's either receive Bills or Message from the House of Commons, and as the Lord Keeper had done once or twice before by Error, or not attending the Formality and Order of the House in that Point. This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the same House of Commons, wherein they desire to receive satisfaction as is before mentioned.

Upon which Message the Lord's having consulted and delivered their Opinions touching the said Order and Custom of the House, as it had been observed and particularly noted and remembered by some of them that were the most ancient and of longest continuance in Parliaments, and especially by the Lord Burleigh Lord Treasurer, the most ancient Parliament man of any that were at that time present either of the Upper House or House of Commons, and likewise by the Lord Archbishop of Canterbury, and by the Lord Admiral, the Lord North, the Lord Buckhurst and others, that had been present in many Parliaments; It was resolved that the Order and usage of the House was and is, That when any Bills or Messages be brought from the House of Commons to be preferred to the Upper House, the Lord Keeper and the rest of the Lord's are to arise from their places, and to go down to the Bar, there to meet such as come from the said House of Commons, and from them to receive in that place their Messages or Bills: But contrariwise when any Answer is to be delivered by the Lord Keeper, in the name and behalf of the House, to such Knights and Burgesses as came from the House of Commons, the said Knights and Burgesses are to receive the same standing towards the lower end of the said Upper House without the Bar, and the Lord Keeper is to deliver the same sitting in his place with his head covered, and all the Lord's keeping their places; and that whensoever it had been otherwise done, it had been by error and mistaking, and therefore not to be drawn into an Example or Precedent as it was acknowledged by the Lord Keeper this day and the rest of the Lord's, that the going of the said Lord Keeper and the rest of the Lord's from their places to the Bar some few days before, once or twice, to give Answer to some of the House of Commons (whereof the said House of Commons seemed to take some advantage) was only by miscognizance or rather for want of due remembrance at that present of the Order and Custom of the House, whereunto their Lordships (having regard rather to dispatch of matters of importance in the House, than to formalities) were not greatly intentive. This to have been the ancient usage of the House, and that the same ought still to be, was concluded by common and general consent, both upon particular remembrances and observations of the like course and Order holden aforetime by other Lord's that held the place in the House of Lord Chancellor or Lord Keeper, and also by divers reasons produced and alleged to prove and show, that the said Order doth best stand with the dignity and gravity of the House, and with the conveniency and aptness for dispatch of affairs appertaining to the Parliament; and that the contrary course is both undecent and inconvenient.